Privacy Policy

PUBLIC OFFER AGREEMENT for Ordering, Purchase, Sale and Delivery of Goods

This Public Offer Agreement for the sale and purchase of goods is public, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms are identical for all buyers, regardless of their status (individual, legal entity, individual entrepreneur). By fully agreeing with this Agreement, the Buyer accepts the terms and procedures for placing an order, paying for the goods, delivering the goods, and the conditions of this Agreement.

This text constitutes an agreement between FOP Pikhur Tetyana Olegivna, hereinafter referred to as the "Seller" and/or the "Website", and any legal or natural person, a user of the services of the website https://smartmarket.in.ua/, hereinafter referred to as the "Buyer", and defines the terms of purchasing goods through the website https://smartmarket.in.ua/.

This agreement is a public offer, is equivalent to an "oral agreement," and, in accordance with the current legislation of Ukraine, has full legal force.

1. GENERAL PROVISIONS

1.1. The information below constitutes an official offer (offer) of the website https://smartmarket.in.ua/ to any individual, legal entity, or individual entrepreneur (hereinafter – Buyer) to conclude a contract for the sale and purchase of goods. The specified contract is public, i.e., according to Article 633 of the Civil Code of Ukraine, its terms are identical for all Buyers.

1.2. According to Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this offer, which confirms the conclusion of the Sale and Purchase Agreement for goods on the conditions set forth below, is the fact of placing and confirming the order.

1.3. By placing an Order, the Buyer confirms their agreement and unconditional acceptance of the terms of this offer.

1.4. By concluding the Agreement (i.e., accepting the terms of this Offer by placing an Order), the Buyer confirms the following:

The Buyer is fully familiar with and agrees to the terms of this offer;
The Buyer gives consent to the collection, processing, and transfer of personal data under the conditions specified below in the Disclaimer on the collection, processing, and transfer of personal data. The consent to process personal data is valid for the entire term of the Agreement and for an unlimited period after its termination. By concluding the Agreement, the Customer also acknowledges being informed (without additional notification) of the rights established by the Law of Ukraine "On Personal Data Protection", the purposes of data collection, and that their personal data is transferred to the Seller to enable the execution of the terms of this Agreement, conduct settlements, and receive invoices, acts, and other documents. The Customer also agrees that the Seller has the right to provide access to and transfer their personal data to third parties without any additional notification to the Customer, without changing the purpose of data processing. The extent of the Customer’s rights as a personal data subject under the Law of Ukraine "On Personal Data Protection" is known and understood by them.

2. TERMS AND DEFINITIONS

2.1. Public Offer (hereinafter – "Offer") – a public proposal by the Seller addressed to an indefinite circle of persons to conclude with the Seller a contract for the remote sale of goods (hereinafter – "Agreement") under the terms contained in this Offer.

2.2. Acceptance – the provision by a natural or legal person of full and unconditional consent to conclude this Agreement under the terms set forth herein.

2.3. Goods or Services – the object of the parties’ agreement selected by the Buyer on the Online Store website and placed in the cart or already purchased by the Buyer from the Seller remotely.

2.4. Online Store – the Seller’s website at https://smartmarket.in.ua/ created for the conclusion of retail and wholesale sales contracts based on the Buyer’s familiarization with the description of the Goods provided by the Seller via the Internet.

2.5. Buyer – a competent natural person who is at least 18 years old, receives information from the Seller, places an order for the purchase of goods presented on the Online Store website for purposes not related to entrepreneurial activity, or a legal entity, or an individual entrepreneur.

2.6. Seller – FOP Pikhur Tetyana Olegivna, established and operating under the current legislation of Ukraine, located at: 03118, Kyiv, Chervonozoryany Avenue, bldg.130, apt.177.

2.7. Internet Store – the Seller’s website created for concluding retail purchase and sale contracts based on the Buyer’s familiarization with the description of the Goods provided by the Seller through photos via the Internet, which excludes the possibility of direct inspection of the Goods by the Buyer – i.e., a remote means of selling goods.

2.8. Website – https://smartmarket.in.ua/

2.9. Categories – information about goods placed in the Online Store.

2.10. Significant Defect of Goods – a defect that makes it impossible or unacceptable to use the goods according to their intended purpose, arose due to the manufacturer’s (Seller’s) fault, reappears after elimination for reasons independent of the consumer, and possesses at least one of the following characteristics:
a) it cannot be eliminated at all;
b) elimination requires more than fourteen calendar days;
c) it makes the goods substantially different from what is stipulated in the Agreement.

2.11. LiqPay – a payment service providing Internet acquiring services – accepting payments on websites and mobile applications connected to the Internet.

3. SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes to transfer the Goods to the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement. This Agreement governs the sale and purchase of goods in the Online Store, including: the Buyer’s voluntary selection of goods in the Online Store; the Buyer’s independent placement of an order in the Online Store; the Buyer’s payment for the order placed in the Online Store; processing and delivery of the order to the Buyer under the terms of this Agreement.

3.2. This Agreement applies to all types of Goods and services presented on the Website, as long as such offers with descriptions are present in the Online Store catalog.

4. ORDER PLACEMENT

4.1. The Buyer independently places an order on the Website https://smartmarket.in.ua/ through the "Cart" form or by making an order via the phone number indicated on the website.

4.2. The Seller has the right to refuse to deliver the order to the Buyer if the information provided by the Buyer during the order placement is incomplete or raises doubts regarding its authenticity.

4.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information required by the Seller to execute the order:
4.3.1. Buyer’s full name;
4.3.2. Address for delivery (if delivery is to the Buyer’s address);
4.3.3. Contact phone number;
4.3.4. Identification code for a legal entity or individual entrepreneur.

4.4. 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.

4.5. If any Party requires additional information, they have the right to request it from the other Party. In case the Buyer does not provide the necessary information, the Seller is not responsible for providing quality service to the Buyer.

4.6. When placing an order through the Seller’s operator (Clause 4.1 of this Offer), the Buyer must provide information specified in Clauses 4.3–4.4 of this Offer.

4.7. Acceptance of this Offer by the Buyer is carried out by entering the appropriate data in the registration form on the Online Store website or when placing an Order through the operator. After placing an Order through the operator, the Buyer’s data is entered into the Seller’s database.

4.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.

5. PRICE OF GOODS. PAYMENTS

5.1. The price of each item of Goods is indicated on the Online Store website.

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

5.3. In case of a change in the price of the ordered Goods, the Seller undertakes to inform the Buyer about the price change.

5.4. The Buyer has the right to confirm or cancel the Order for the purchase of Goods if the price is changed by the Seller after the Order has been placed.

5.5. The Seller is not allowed to change the price of Goods already paid for by the Buyer.

5.6. The Buyer’s obligation to pay for the Goods is considered fulfilled from the moment the Seller receives the funds.

5.7. Settlements between the Seller and the Buyer for Goods are carried out in the following ways:

by transferring non-cash funds to the Seller’s account in the amount of 100% prepayment of the cost of the ordered goods within 1 (one) banking day from the date of issuing the corresponding invoice or other document (notification) by the Seller containing all necessary payment details;
by making full 100% prepayment for the ordered goods through the LiqPay payment system.

5.8. Payment for Services is made in the national currency of Ukraine (UAH).

6. RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. The Seller is obliged to:
6.1.1. Deliver the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s Order.
6.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except as provided by law and in the process of fulfilling the Buyer’s Order.

6.2. The Seller has the right to:
6.2.1. Unilaterally change the terms of this Agreement, as well as prices for Goods and services, by posting them on the Online Store website. All changes take effect from the moment of publication.

6.3. The Buyer is obliged to:
6.3.1. Familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Online Store website before concluding the Agreement.
6.3.2. Provide all necessary data that unambiguously identifies them as the Buyer and is sufficient for delivering the ordered Goods to the Buyer.

7. DELIVERY PROCEDURE

7.1. Delivery and return of the order is carried out by the Seller or a transport company (carrier) at the Buyer’s expense, unless otherwise provided by the Agreement or applicable law. The total delivery period shall not exceed 9 days.

7.2. The total delivery time of the Goods consists of the order processing time and delivery time. Order processing time is from one to three business days. Delivery methods are agreed with the manager. Delivery time is from 1 to 8 days, depending on the address of the locality.

7.3. The cost of delivery in the Online Store is not specified, as it depends on the current tariffs of the transport company (carrier).

7.4. The Seller is not responsible for the delivery time of the order, as it depends on the actions of third parties (carriers).

7.5. Upon receipt of the goods, the Buyer must ensure their integrity and completeness by inspecting the contents of the package. In case of defects/damages, shortages – they must be recorded in an act, which must be signed together with the Buyer by the person directly delivering the goods. If possible, defects should be documented using photo or video recording. Within 1 (one) day of receiving the Goods, the Buyer must inform the manager (Seller’s representative responsible for processing the order) about the identified defects (damage/incomplete set) and arrange for replacement of the Goods. The Parties agree that failure to comply with the mandatory procedure is considered as the Buyer having received the Goods in proper condition – without any damage or defects.

7.6. If the Buyer ordered Goods without delivery, they may independently collect the Goods at the Seller’s address indicated on the website https://smartmarket.in.ua/.

8. RETURN, WARRANTY, AND EXCHANGE OF GOODS

8.1. The return of goods to the Online Store is carried out in accordance with the current legislation of Ukraine.

8.2. Return of goods to the Online Store is at the Buyer’s expense.

8.3. In case of return of goods of proper quality, the Online Store refunds the Buyer the amount paid for the goods upon return, minus compensation for the Online Store’s expenses related to delivery.

8.4. Exchange of goods or refund to the Customer is possible only in case of defective goods.

8.5. Provided that the Buyer properly uses the goods, the Seller guarantees the high quality of the goods during the warranty period. The warranty period for goods is 14 (fourteen) calendar days, unless otherwise specified by the manufacturer (supplier) and/or legislation.

8.6. The warranty period begins from the moment of transfer of the goods to the Buyer, as indicated in the corresponding document, or, if the transfer of seasonal goods to the Buyer does not coincide with the beginning of the season for such goods – from the beginning of the respective season.

8.7. If the Order is canceled by the Buyer or rejected by the Seller, the paid cost of the Goods is refundable, while the costs already incurred for delivery up to the moment of cancellation are non-refundable.

9. LIABILITY OF THE PARTIES

9.1. The Seller is not responsible for damage caused to the Buyer or third parties due to improper installation, use, or storage of goods purchased from the Seller.

9.2. The Seller is not responsible for improper or untimely fulfillment of Orders and obligations if the Buyer provides false or incorrect information.

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

9.4. The Seller or Buyer are released from liability for full or partial non-performance of obligations if non-performance is due to force majeure circumstances such as war, military actions, earthquake, flood, fire, and other natural disasters arising independently of the will of the Seller and/or Buyer after the conclusion of this Agreement. The party unable to fulfill its obligations must immediately notify the other Party.

10. CONFIDENTIALITY AND PERSONAL DATA PROTECTION

10.1. By providing their personal data on the Online Store website when placing an Order, the Buyer gives the Seller their voluntary consent to process, use (including transfer) their personal data /or use cookies, as well as perform other actions provided by the Law of Ukraine "On Personal Data Protection," without limitation of the validity period of such consent.

10.2. The Seller undertakes not to disclose information received from the Buyer. Disclosure to contractors and third parties acting under an agreement with the Seller, including for fulfilling obligations to the Buyer, or when disclosure is required by current legislation, does not constitute a breach.

10.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor performance or non-performance of obligations due to outdated or inaccurate Buyer information.

11. OTHER CONDITIONS

11.1. This Agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.

11.2. All disputes between the Buyer and the Seller are resolved through negotiations. If disputes cannot be resolved through negotiations, the Buyer and/or Seller have the right to refer the matter to the courts in accordance with the current legislation of Ukraine.

11.3. All rights to the Website as a whole and to the use of the network address (domain name) https://smartmarket.in.ua/ belong to the Website Owner.

11.4. The Seller has the right to make changes to this Agreement unilaterally, as provided in Clause 6.2.1. Additionally, changes to the Agreement may be made by mutual consent of the Parties according to applicable law.

SELLER’S ADDRESS AND DETAILS:

FOP Pikhur Tetyana Olegivna

Address: 03118, Kyiv, Chervonozoryany Ave, bldg.130, apt.177

Tax ID: 2401219361

Bank Account: UA673052990000026008035014174
Bank: JSC CB "PRIVATBANK"