Public Contract (Offer) for the Purchase of Products

Online Store- a website located on the Internet at the address https://fabby.com.ua, which contains Products, the purchase of which is the subject of this Contract.

Product- placed in the Online Store, the object of the agreement between the Seller and the Buyer (hereinafter - the Parties), the purchase of which is the subject of this Contract.

Seller- the business entity defined in this Contract, whose Products are placed in the Online Store for the purpose of sale to its visitors.

Buyer- an able-bodied individual who has reached the age of 18, an individual-entrepreneur, a legal entity that accepts an offer to conclude a Contract and purchases the Products.

Order- a set of Products placed on the page for filling in the Buyer's Personal Data and going to the page for their payment at the time of taking the relevant actions.

Offer- a public offer of the Seller addressed to an unspecified circle of persons to conclude a contract of sale of the Products remotely on the terms contained in this Offer.

2.1Under the terms of this Contract, the Seller undertakes to hand over to the Buyer, and the Buyer undertakes to pay for and receive the Products placed by the Seller in the Online Store according to the personally specified delivery data.

2.2The terms of purchase of the Products are specified in this Contract and can be clarified on the page of the Products.

2.3The Contract is concluded by execution by the Buyer of the set of technical functions provided by the Online Store for registration and payment of the Products placed on it. The process of placing an order includes finding and selecting the Products, choosing the characteristics and quantity, as well as filling out the form to purchase them after payment.

2.4The Contract is considered concluded from the moment funds are debited from the Buyer's bank account for the Product selected and ordered in the Online Store.

2.5By taking actions to conclude the Contract, the Buyer fully accepts the conditions and procedure for ordering, payment, delivery and return of the Products, as well as the scope of responsibility for improper fulfillment of the terms of this Contract.

3.1This Contract enters into force from the moment of its conclusion by the Parties and is valid until they fully fulfill their obligations.

4.1The price of the Products posted on the Website is determined by the Seller, placed on the page of the relevant Products and in the sections containing their image, and may be changed by the Seller unilaterally before the conclusion of the Contract with the Buyer.

4.2The actual sale price of the Product is the price valid at the time of payment for it by the Buyer.

4.3The price of the Product is determined in hryvnias and is converted into the currencies offered on the website, in the case of their selection by the Buyer, at the exchange rate set by the payment system.

4.4If the Buyer pays for the purchased Products in foreign currency, the funds for their purchase are converted at the exchange rate of the payment system and are transferred to the Seller's current account in the national currency - hryvnia.

4.5The actual price of the Product does not include the cost of delivery services and the possible commission of the payment system, if its existence is indicated on the page of the payment system for entering bank data.

4.6Delivery of the Products purchased by the Buyer at the expense of the Seller is possible only on the condition that this is indicated in the Online Store and the Buyer fulfills the conditions provided for this, if any.

5.1The Buyer has the right to:

5.1.1To receive the Products processed by means of the Online Store and paid for in the order and terms determined by the Online Store and the postal operator.

5.1.2For the exchange or return of the purchased Products in the order, terms and in the cases specified by this Contract and the current legislation of Ukraine.

5.1.3To confirm or cancel the purchase of the Products in case of a price change by the Seller after placing the Order.

5.2The Seller has the right to:

5.2.1To receive the funds determined by the Online Store, which correspond to the price indicated on it for the Products ordered by the Buyer and in the order and terms established by this Contract and the current legislation of Ukraine.

5.2.2Unilaterally change the price, qualitative and quantitative characteristics of the Products before the moment of its purchase by the Buyer.

5.3The Buyer undertakes to:

5.3.1Before the conclusion of the Contract, familiarize himself/herself with its content and terms of sale of the Products posted in the Online Store, as well as their qualitative and quantitative characteristics.

5.3.2When placing an order for the Products, provide reliable personal data that uniquely identify the Buyer and are sufficient for the delivery of the Products ordered and paid for by the Buyer or a third party.

5.4The Seller undertakes to:

5.4.1Hand over or send to the Buyer the Products ordered by him/her and paid for, on the condition that the Buyer specifies all the necessary data provided by the Online Store for this.

5.4.2Not to disclose any private information about the Buyer and the Products purchased by him/her and not to provide access to this information to third parties, except for the Seller's employees and cases provided by law.

5.4.3The Parties also have other rights and obligations stipulated by the terms of this Contract and the current legislation of Ukraine.

6.1The Parties bear the responsibility provided for by the current legislation of Ukraine and the terms of this Contract for non-fulfillment or improper fulfillment of its terms.

6.2The Parties are released from responsibility for non-fulfillment or improper fulfillment of the terms of the Contract, if the latter is caused by illegal actions of third parties, force majeure or normal exploitation of Products.

6.3Force majeure circumstances are extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations under this Contract, in particular, but not exclusively: quarantine restrictions established by state authorities, the threat of war, armed conflict or a serious threat of such of conflict, including but not limited to enemy attacks, blockades, military embargoes, acts of a foreign enemy, general military mobilization, hostilities, declared and undeclared war, acts of a public enemy, disturbances, acts of terrorism, sabotage, piracy, disorder, invasion, blockade, revolution, mutiny, insurrection, mass riots, curfew, expropriation, expropriation, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, illegal actions of third parties, fire, explosion, long interruptions in the operation of transport, regulated by the terms of relevant decisions and acts of state authorities, as well as caused by exceptional weather conditions and natural disasters, namely: epidemic, strong storm, cyclone, hurricane, tornado, storm, flood, accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, land subsidence and landslide, other natural disasters, etc.

6.4The Seller's liability for the unavailability of the Products purchased by the Buyer is limited to the Buyer's right to return the funds paid by him/her for such Products.

6.5The Seller is not responsible for:

6.5.1Probable difference in the color shade of the Product and the images posted in the Online Store, which may be caused by the characteristics of color transmission by monitors of personal computers and laptops and mobile phone screens.

6.5.2Improper performance or non-performance of its obligations, which is a consequence of the irrelevance, unreliability or incompleteness of the information provided by the Buyer about himself/herself or the person receiving the Products.

6.5.3Defects of the Product that arose after it was sent to the Buyer as a result of the Buyer's violation of the rules for use or storage of the Product, actions of third parties or force majeure.

7.1The Products are delivered to the Buyer at his/her own expense under the conditions determined by the Online Store and the postal operator.

7.2Delivery of the Products purchased by the Buyer at the expense of the Seller is possible only on the condition that this is indicated in the Online Store and the Buyer fulfills the conditions provided for this, if any.

7.3The Buyer is responsible for the authenticity of the information provided during the registration of the Products, necessary for the proper delivery of the purchased Products directly to him/her or to the designated recipient.

7.4Re-delivery of the Products to the Buyer in the event that he/she provides inaccurate, irrelevant or insufficient information for delivery, in any case, is at the expense of the Buyer.

7.5The Products are delivered on the territory of Ukraine by the postal operator specified on the order page.

7.6International delivery of the Products within the territory of Ukraine is carried out by the postal operator selected by the Seller, and outside Ukraine - by the partners of the corresponding postal operator.

7.7Customs duties on Products purchased on the website are not included in the price and must be paid by the buyer in accordance with the procedures, amounts, and terms established by the buyer’s country.

7.8Provided that international postal/courier operators are functioning at the time of purchase of the Products on the territory of Ukraine, the purchased Products may be delivered to the Buyer by such international postal/courier operator.

7.9The fact of payment for the Order made in the Online Store confirms the Buyer's agreement with the determination of the delivery cost by the postal operator at the time of registration of the postal shipment.

7.10When receiving the Products, the Buyer is required to verify that they match the order, as well as their appearance, quantity, completeness, and the integrity of the packaging. If any discrepancies are found, the Buyer has the right to refuse acceptance of the goods by drawing up a corresponding report in the presence of a representative of the carrier.

7.11Accepting the Products, the Buyer confirms with his/her signature on the Products receipt and/or order for the delivery of the Products or in any other manner specified by the carrier, that he has no complaints about the quantity of the Products, appearance and completeness of the Products.

7.12The Buyer has the right to return the Products of proper quality within 14 (fourteen) days of receipt.

7.13The return of the Products of appropriate quality purchased in the Online Store is possible only at the expense of the Buyer and on the condition that it is not classified by the current legislation of Ukraine in the category of Products that are not subject to return.

7.14The return of the Products of proper quality, which are subject to such a return, is possible only on the condition that the Buyer preserves the merchandise appearance of the Products, seals or labels, as well as in the absence of signs of its use.

7.15The Seller has the right to refuse to accept the returned Products and send them back to the Buyer at the latter's expense in the event that the returned Products do not meet the appropriate quality specified in clause 7.7. the terms of this Contract.

7.16In case of return by the Buyer of the Products of inadequate quality, the Seller is obliged to send the Buyer at his/her own expense an identical or, as agreed with the Buyer, similar Products, if the reasons for the return stated by the Buyer are confirmed by the results of the inspection of the Products.

7.17In the event of non-delivery of the Products due to the unreliability or incompleteness of the information provided by the Buyer or in the event of the Buyer's refusal to receive the Products, funds are returned to the Buyer with the deduction of the actual cost of delivery of the Products and their return to the Seller.

7.18If it is impossible to send to the Buyer other identical or similar Products instead of the Products of inadequate quality, the Seller is obliged to return funds paid for the Products to the Buyer.

7.19A Product of inadequate quality is a product that cannot be used for its intended purpose due to its defects. The difference in the color from the one depicted in the description on the Product page is not a sign of inadequate quality of the Product and/or the impossibility of its intended use.

7.20Delivery of the Products sent to the Buyer in the order of exchange of similar Products of inadequate quality or completeness is carried out at the expense of the Seller.

7.21No claims regarding external defects, completeness and appearance of the Product will be accepted after its use.

7.22Funds for the paid and later returned Products of proper quality in a condition that meets the terms of this Public Contract will be returned to the Buyer to the bank details specified when paying for such Products.

8.1By providing his/her personal data through the means of the Online Store, the Buyer gives his/her voluntary consent to the processing, use (including transfer), as well as taking other actions with such data provided for by the Law of Ukraine 'On the Protection of Personal Data', without limiting the validity period of such consent.

8.2The Seller undertakes not to disclose personal data received from the Buyer.

8.3Transfer by the Seller of personal data received from the Buyer to counterparties and third parties, in order to ensure the implementation of sales relations, relations in the field of consumer rights protection, in the field of advertising and marketing research, etc is not considered a violation.

8.4The Buyer also gives his/her consent to the transfer (distribution) of his/her personal data to transport forwarding and courier organizations, as well as to the Banks and/or financial institutions for the purpose of fulfillment by the Seller of her financial obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

8.5By entering into this Contract, the Buyer consents to receive from the Seller informational materials, in particular of an advertising nature.

9.1All text information and graphic images posted in the Online Store at the address https://agenda5pm.com are the property of the Seller and cannot be used without her consent.

9.2Relations that arose between the Parties in the process of fulfilling the terms of this Contract are regulated by the current legislation of Ukraine.

9.3Amendments to this Contract may be made by the Parties upon mutual agreement of the Parties.

9.4All disputes arising in connection with the fulfillment of the terms of this Contract shall be resolved by the Parties through negotiations.

9.5This Contract is concluded by the Parties in accordance with the legislation of Ukraine in force at the time of purchase of the Products.