Public Agreement (Offer) for the ordering, purchase, sale and delivery of goods

1. SUBJECT OF THE AGREEMENT (OFFER)

1.1. This document constitutes an open proposal (Offer) of LIMITED LIABILITY COMPANY “ECOFACTOR HUB” (hereinafter — the Seller), addressed to an indefinite number of persons (hereinafter — the Buyer), to conclude a contract for the sale and purchase of goods by distance means (hereinafter — the Agreement) through the Seller’s online store: https://ecofactortech.com/shop/, on the terms set out in this Offer.

1.2. In accordance with Articles 205, 634, 638-642 and 655-711 of the Civil Code of Ukraine, if the terms set out in the Offer are accepted by placing an order and/or paying for the Goods in performance of the terms of this Offer, the person accepting the Offer becomes the Buyer.

1.3. Acceptance of the Offer constitutes the conclusion of the Agreement for the sale and purchase of the goods ordered by the Buyer in the online store and/or by the Seller’s telephone, on the terms established in this Offer.

2. GENERAL PROVISIONS

2.1. This agreement is public, i.e. in accordance with Article 633 of the Civil Code of Ukraine its terms are the same for all buyers.

2.2. Under Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this proposal (Offer), confirming the conclusion of the Agreement for the sale and purchase of goods on the terms proposed below, is the fact of placing and confirming the Buyer’s order.

2.3. By placing an order, the Buyer confirms agreement with, and unconditional acceptance of, the terms of this proposal (Offer).

2.4. By concluding the Agreement, the Buyer confirms the following:

• The Buyer is fully and completely familiar with, and agrees to, the terms of this proposal (Offer);
• The Buyer grants permission for the collection, processing and transfer of personal data on the terms set out below in the Notice on the collection, processing and transfer of personal data. The permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiry. In addition, by concluding the Agreement the Buyer confirms having been notified (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, of the purposes of data collection, and of the fact that the Buyer’s personal data are transferred to the Seller for the purpose of enabling the performance of the terms of this Agreement, enabling mutual settlements, and receiving invoices, deeds and other documents. The Buyer also agrees that the Seller has the right to grant access to, and transfer, the Buyer’s personal data to third parties without any additional notice to the Buyer, without changing the purpose of the personal data processing. The scope of the Buyer’s rights as a personal data subject under the Law of Ukraine “On Personal Data Protection” is known and understood by the Buyer.

3. PRICE OF THE GOODS

3.1. The price for each item of the Goods is indicated on the website of the Seller’s online store https://ecofactortech.com/shop/

3.2. The Seller has the right to unilaterally change the price of any item of the Goods.

3.3. In the event of a change in the price of the ordered Goods, the Seller undertakes to inform the Buyer of the change in the price of the Goods.

3.4. The Buyer has the right to confirm or cancel the order for the purchase of the Goods if the price has been changed by the Seller after the order was placed.

3.5. The Seller may not change the price of Goods that have already been paid for by the Buyer.

3.6. The Seller indicates the cost of delivery of the Goods on the online store website or informs the Buyer when the order is placed.

3.7. The Buyer’s obligations to pay for the Goods are deemed fulfilled from the moment the funds are credited to the Seller’s settlement account.

3.8. Settlements between the Seller and the Buyer for the Goods are carried out in non-cash form in the national currency of Ukraine, in the manner and using the details indicated on the website of the Seller’s online store or agreed with the Seller by the telephone listed on the online store website, or according to an invoice issued by the Seller.

4. PLACING AN ORDER

4.1. The Goods are ordered by the Buyer through the service of the online store website https://ecofactortech.com/shop/ or by telephone: +38 (063) 798 88 00

4.2. When placing an order on the online store website, the Buyer undertakes to provide the following registration information:

4.2.1. The surname and first name of the Buyer (a natural person), the name of the legal entity, or of the person indicated by the Buyer (the recipient);

4.2.2. The address to which the Goods are to be delivered (if delivery is to the Buyer’s address);

4.2.3. Email address;

4.2.4. Contact telephone number.

4.3. The name, quantity, article number and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the online store website.

4.4. If the Seller requires additional information, the Seller has the right to request it from the Buyer. If the Buyer fails to provide the required information, the Seller shall not be liable for providing a quality service to the Buyer when purchasing goods in the online store.

4.5. When placing an Order by the Seller’s telephones (clause 4.1 of this Offer), the Buyer undertakes to provide the information specified in clause 4.2 of this Offer.

4.6. The Buyer accepts the terms of this Offer by entering the relevant data into the order form on the online store website or when placing an order by the Seller’s telephones.

4.7. The Buyer is responsible for the accuracy of the information provided when placing the order.

4.8. The distance sale and purchase agreement between the Seller and the Buyer is deemed concluded from the moment the Seller confirms the Buyer’s order and payment is made.

5. DELIVERY AND TRANSFER OF THE GOODS TO THE BUYER

5.1. The methods of delivery of the goods are indicated on the website in the Delivery section. The procedure, terms and conditions of delivery of the ordered Goods are agreed by the Buyer with the Seller of the online store at the time of placing the order for the Goods.

5.2. After the order has been formed, the Buyer may pay for the Goods and collect the Goods in person at the address: 113 Otamana Holovatoho Street, Odesa. The Goods may be collected Monday to Friday from 10:00 to 17:00.

5.3. Ownership of, and the risk of accidental loss of or damage to, the goods pass to the Buyer from the moment of receipt of the Goods.

5.3. Delivery of the Goods is carried out by the Seller’s own means in accordance with the delivery terms, or with the involvement of third parties (a carrier).

5.4. Upon receipt of the Goods, the Buyer must, in the presence of a representative of the carrier (courier), check the conformity of the Goods with their qualitative and quantitative characteristics (name of the goods, quantity, completeness).

6. RETURN OF GOODS

6.1. The Customer has the right to refuse the Goods at any time before their transfer, and after the transfer of the Goods — in the manner and on the terms determined by the Law of Ukraine “On Consumer Rights Protection”.

6.2. The return of Goods of proper quality is possible provided that their merchantable appearance and consumer properties have been preserved, as well as the document confirming the fact of purchase and the terms of the order of the specified Goods, and provided that the integrity of the packaging of the Goods has not been damaged.

6.3. The Buyer may not refuse Goods of proper quality that have individually defined properties, if the specified Goods can be used exclusively by the Buyer who purchased them (including non-standard dimensions made at the Buyer’s request, and the like). Confirmation that the Goods have individually defined properties is a difference between the dimensions of the Goods and other characteristics from those indicated in the online store.

6.4. The return of the Goods, in the cases provided for by law and this Agreement, is carried out to the address agreed in advance with the Seller.

6.5. If the Buyer refuses Goods of proper quality, the Seller shall refund the amount equal to the value of such Goods, except for the Seller’s expenses for the delivery of the Goods, which are non-refundable.

6.6. The amount referred to in clause 6.5 shall be refunded within 7 business days after the Seller receives the Goods.

7. LIABILITY OF THE PARTIES

7.1. The Seller shall not be liable for damage caused to the Buyer as a result of the improper use of the Goods purchased from the Seller.

7.2. The Seller shall not be liable for the improper or untimely fulfilment of orders and of its obligations if the Buyer provides inaccurate or erroneous information.

7.3. The Seller and the Buyer are liable for the fulfilment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Buyer bears civil, financial and criminal liability for violation of the privacy policy, which the Buyer reads and agrees to when placing an order for the Goods, and which is posted on the online store website at the following link: https://ecofactortech.com/privacy-policy/.

8. Term of Validity and Amendment of the Offer

8.1. The Offer comes into force from the moment it is posted on the Internet at the link — https://ecofactortech.com/shop-offer/ and remains in effect until the Offer is withdrawn by the Seller.

8.2. The Seller reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its own discretion. If the Seller amends the Offer, such amendments come into force from the moment the amended text of the Offer is posted on the website at the link specified in clause 8.1 of the Agreement, unless a different effective date of the amendments is additionally specified at the time of such posting.

8.3. The Buyer’s acceptance of the Offer is valid for the period of full performance by the Parties of their obligations under this Agreement.

9. Force Majeure

9.1. The Parties are released from liability for partial or complete non-performance or improper performance of their obligations under this Agreement if such non-performance or improper performance results from force majeure, i.e. extraordinary and unavoidable circumstances that the Parties could neither foresee nor prevent (force majeure circumstances), namely: fires, floods, earthquakes, strikes, riots, insurrections, wars, or acts of state authorities and other circumstances that make it impossible for the Parties to fulfil the obligations they have assumed, and provided that such circumstances have directly affected the performance by the Parties of the obligations they have assumed under the Agreement.

9.2. If force majeure circumstances occur during the term of this Agreement, the performance of the obligations under the Agreement shall be postponed for the duration of the force majeure circumstances.

9.3. The Party unable to fulfil its obligations under the Agreement must immediately, but no later than within 10 (ten) calendar days after the occurrence of the force majeure circumstances, notify the other Party thereof in writing. The same applies to the moment when the force majeure circumstance ceases to exist. Untimely notification of the occurrence of a force majeure circumstance deprives the respective Party of the right to subsequently invoke the above circumstances as grounds for release from liability for the non-performance or improper performance, in whole or in part, of the obligations it has assumed under this Agreement. The occurrence of force majeure circumstances must be confirmed by a certificate of the relevant competent authority.

10. Details

SELLER:

LLC “ECOFACTOR HUB”

113 Otamana Holovatoho St., Odesa, Odesa region, 65003

EDRPOU code — 41882613

IBAN No. UA763204780000026006924435672

JSB “UKRGASBANK”, Kyiv, 1 Yerevanska St., MFO 320478

Tax ID — 418826115536