Public Offer Agreement for Ordering, Purchasing, Selling, and Delivering Goods

The document, the provisions of which are set out below, is a public offer and a public contract. According to Articles 633 and 641 of the Civil Code of Ukraine, its terms are the same for all Buyers, and unconditional acceptance of these terms is considered acceptance of this offer by the Buyer. This agreement is an official and public offer of the Seller to conclude an agreement for the ordering, purchase, sale, and delivery of goods by remote means via the Internet and contains a public offer (proposal) on the online store, which is located on the Internet at: https://solancebrand.com/ 

According to part 2 of Article 642 of the Civil Code of Ukraine, the fact of the Buyer’s payment for the order under the terms of this Agreement, within the time and at the prices specified in the Seller's online store, is an acceptance of this offer, which is equivalent to concluding a public agreement for the ordering, purchase, sale, and delivery of goods (hereinafter referred to as the "Agreement") under the terms set out below.

This public agreement is addressed to all individuals and legal entities wishing to purchase Goods in the Seller's online store at: https://solancebrand.com/, and who can receive such goods.

In connection with the above, we ask you to carefully read the text of this Offer, and if you do not agree with any of its provisions, the Seller suggests that you refuse to purchase goods or take any actions that may be considered acceptance of this Offer.

Definition of Basic Terms

Acceptance – the Buyer's provision of full, unconditional, and unreserved consent to conclude this Agreement in full, without the signature of a written copy of the Agreement by the Parties.

Order – a properly completed and placed request by the Buyer via the Internet for the purchase of selected Goods in the online store.

Online Store – the Seller's website, located on the Internet at: https://solancebrand.com/, created for concluding agreements for ordering, purchasing, selling, and delivering goods, based on the Buyer's acquaintance with the description and photographs of the goods offered by the Seller, which excludes the possibility of the Buyer directly familiarizing himself with the goods and implies the exclusive remote sale of goods.

Personal Account – a page on the Online Store containing the Buyer's order history made in the Online Store and personal information provided during registration. The Personal Account may also contain other information necessary for identifying the Buyer and processing orders, the volume of which is determined by the Seller independently. The function of the personal account may be disabled.

Goods Recipient – the buyer or a person who, on behalf of the buyer, actually receives the goods delivered by the carrier company.

Offer – the Seller's proposal, posted in the Online Store, addressed to an unlimited number of individuals and legal entities, to join the Public Agreement for ordering, purchasing, selling, and delivering goods.

Buyer – a person who orders and/or reserves Goods using the technical tools of the Online Store, and/or receives such Goods.

Seller – an individual entrepreneur Diana-Viktoriia Sozanska, whose goods are posted in the Online Store.

Public Agreement – an agreement in which one party, the entrepreneur, undertakes to sell goods to everyone who applies to it.

Goods – goods, images, and/or descriptions of which are posted in the Online Store.

Price – the payment amount set by the Seller as the cost of certain Goods for the Customer.

For the purposes of this Agreement, all terms mentioned in this section of the Agreement are used exclusively in the meaning specified in this section, regardless of the use of these terms in singular or plural, or in other grammatical forms, cases, and/or constructions. All other terms not specifically defined in this Agreement are understood and interpreted in their literal grammatical meaning, based on the provisions of the current legislation of Ukraine, business customs, as well as the purpose and subject of this Agreement.

Subject of the Agreement and General Provisions

2.1. According to the terms of this Agreement, the Seller undertakes to transfer to the Buyer's ownership the selected Goods according to the Order in the Online Store, and the Buyer undertakes to accept and pay for the Goods in the manner and under the terms established by this Agreement.

2.2. The right of ownership to the Goods passes to the Buyer at the moment of delivery (transfer) of the Goods and provided the Buyer fully pays for the Goods in the manner and under the terms established by this Agreement.

2.3. Information about the terms and conditions of ordering, purchasing, selling, and delivering Goods may be provided to the Buyer individually or posted in the Online Store.

2.4. The term of validity of the terms of this Agreement is not limited. Either Party may terminate it in the manner provided by this Agreement.

2.5. All changes and additions to the Agreement are published in the Online Store.

2.6. All terms of this Agreement are binding for both the Buyer and the Seller. The Buyer is obliged to independently familiarize himself with the terms of this Agreement. The Seller is not obliged to additionally or otherwise inform the Buyer about the existence of the Agreement, except for its publication in the Online Store.

2.7. Any of the following actions is considered acceptance of this Agreement:

  • registration of the Buyer on the website at: https://solancebrand.com/, which expresses the intent to make a purchase of the selected Goods in the Online Store;

  • direct placement of an Order by the Buyer;

  • prepayment for the Goods in the Online Store using a payment card.

Procedure for Concluding the Agreement and Placing Orders

3.1. The Agreement is considered concluded without its further signing from the moment the Order is placed for any Goods available for Order in the Online Store, which indicates the Buyer's consent to comply with the terms of the Agreement without the Parties signing a written copy.

3.2. Placing an Order is possible both with prior registration in the Personal Account of the Online Store and without it, by the Buyer filling in the necessary information in the order field.

3.3. If the ordered Goods are not available, the Seller must inform the Buyer of this information using the contact means provided by the Buyer when placing the Order.

3.4. If the ordered Goods are not available, the Buyer has the right to replace them with Goods of a similar model or cancel the Order by doing so in the Personal Account or sending the Seller an appropriate request using available contact means.

3.5. The Buyer has the right to cancel the order by doing so in the Personal Account or sending the Seller an appropriate request using available contact means.

3.6. The actions mentioned in paragraph 3.1 of the Agreement and performed by the Buyer are confirmation of the Buyer's full and unconditional acceptance of the public offer.

3.7. The Agreement concluded by the Buyer by accepting the public offer is legally valid according to Article 642 of the Civil Code of Ukraine and is equivalent to a written agreement.

Procedure and Conditions for Delivering Goods

4.1. Delivery of Goods ordered in the Online Store is carried out by delivery services within the territory of Ukraine according to the conditions specified in the Online Store in the "Payment and Delivery" section.

4.2. Delivery of Goods to other countries is carried out by courier delivery services on the condition of prepayment for the Goods using a payment card in the Online Store.

4.3. Together with the Order, the Buyer is provided with documents required by current legislation.

4.4. Upon receiving the Goods, the Buyer must check the goods for quantity, quality, assortment, and completeness.

4.5. The fact of acceptance of the Goods by the Buyer is the payment for the Goods.

4.6. If the delivery of Orders is carried out by delivery services (hereinafter referred to as "Carrier Companies"), by accepting this Public Offer, the Buyer fully and unconditionally agrees with the Rules for the transportation of goods by Carrier Companies. The conditions of such Rules can be found on the websites of the respective Carrier Companies.

4.7. The risk of accidental damage to the Goods passes to the Recipient from the moment of transfer of the Order to them and the Recipient signing the documents confirming the delivery of the Order.

4.8. If the Seller does not bear the delivery costs or does not provide free delivery, all expenses related to the delivery of the goods are borne by the Buyer.

Procedure and Conditions for Returning Goods

5.1. The procedure and conditions for returning Goods of proper quality are determined in the Online Store in the "Exchange/Return" section and are carried out in accordance with the Law of Ukraine "On Protection of Consumer Rights" No. 1024-XII dated 12.05.1991 (as amended and supplemented).

5.2. The Buyer has the right to refuse the received Goods within 14 (fourteen) days from the moment of receiving the Goods, provided that the goods are in their original condition, have not been used, retain their consumer properties, factory packaging, labels, and the receipt document (electronic document, receipt, sales or fiscal check, ticket, coupon, or other document confirming the fact of payment, indicating the date of payment).

5.3. The return of Goods, the delivery of which was carried out by Carrier Companies, is carried out at the expense of the Buyer.

Rights and Obligations of the Parties

6.1. The Buyer has the right to:

  • Select Goods from the offered range in the Online Store, place and send an Order on the relevant pages of the Online Store.

  • Require the Seller to fulfill the conditions and obligations provided by this Agreement.

  • Refuse to receive advertising materials and other commercial offers from the Seller that may be sent to the Buyer's email address.

  • Refuse this Agreement and/or terminate it in the manner and in the cases provided by this Agreement and the current legislation of Ukraine.

  • Exercise other rights provided by this Agreement and the provisions of the current legislation of Ukraine.

  • 6.2. The Buyer undertakes to:

    • Familiarize himself with all the terms and conditions of this Public Offer before accepting it.

    • Familiarize himself with the information about the Goods (its description) posted in the Online Store before placing and sending the Order.

    • Properly pay for and receive the Order placed in accordance with the terms of this Agreement.

    • Provide the Seller with complete information necessary for the delivery of the Order when registering and/or placing the Order. The Buyer is fully responsible for providing false information that caused the Seller's inability to properly fulfill its obligations to the Buyer.

    • Upon receiving the Order, ensure the integrity and completeness of the Goods by inspecting the contents of the Order.

    • Familiarize himself with the Rules for the transportation of goods by Carrier Companies before placing the Order.

    6.3. The Seller has the right to:

    • Unilaterally suspend the sale of Goods and the provision of delivery services (refuse to process the Order/sale and delivery of Goods) in case of violation by the Buyer of the terms of the Agreement.

    • At its discretion, unilaterally change the Prices for Goods. In any case, the Price of the Goods confirmed by the Seller's Order remains unchanged.

    • If the ordered Goods are not available – exclude the specified Goods from the Order and/or cancel such an Order, necessarily informing the Buyer about this by sending an appropriate electronic message to the email address provided by the Buyer when placing the Order.

    • At its discretion, unilaterally make changes to the terms of the Agreement by posting (publishing) a new version in the Online Store. Changes come into force from the moment of their publication (publication), unless another effective date is specified additionally upon their publication.

    • Post information about promotional events and marketing campaigns conducted or to be conducted by the Seller in the Online Store, and in accordance with the terms of this Agreement and the Privacy Policy, send electronic letters to Buyers' email addresses with information about news, promotional events, marketing campaigns, and other commercial offers from the Seller.

    • Conduct sales and offer promotional offers that provide a temporary opportunity to purchase Goods on more favorable terms than usual.

    • Exercise other rights provided by this Agreement and the norms of the current legislation of Ukraine.

    6.4. The Seller undertakes to:

    • After confirming the Order, properly fulfill the correctly completed and confirmed Orders.

    • Deliver the Goods according to the Order placed and the terms of this Agreement.

    • Check the quantitative and qualitative characteristics of the Goods during packaging and preparation for dispatch.

    • In no way disclose information about the Buyers' personal data, passwords, and other access data to the Personal Account.

    • Provide each Buyer with the opportunity to refuse to receive advertising materials and other commercial offers from the Seller, which may be sent to the email address provided during registration in the Online Store/placing an order.

    Price of Goods, Payment Procedure, and Conditions

    7.1. The price of the Goods in the Online Store is indicated in the national currency of Ukraine – hryvnia, per unit of Goods according to the established price list. The Price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price, which is determined depending on the delivery method according to the terms of the Agreement. For international clients, the price of the Goods may be indicated in US dollars or euros.

    7.2. The Seller reserves the right to change the price of the Goods before placing the Order without prior notice to the Buyer.

    7.3. The final price is the one indicated in the corresponding section of the Online Store when transferring funds to the Seller's current account and/or using the proposed payment system.

    7.4. The cost of the Order may change depending on the price, quantity, or range of Goods.

    7.5. Settlements between the Parties regarding the terms of this Agreement are made in the national currency of Ukraine by one of the following methods:

    • By transferring the corresponding amount of money by the Buyer to the Seller's current account according to the bank details specified in the invoice for payment of the respective Goods, provided/given to the Buyer by the Seller;

    • By non-cash payment in the Online Store using one of the proposed payment systems.

    7.6. The date of payment by the Buyer of the cost of the Goods is considered the date of receipt of the corresponding amount of money in the Seller's current account.

    7.7. Before delivering the Goods to the Buyer, the Seller (courier/third party delivering the ordered Goods on behalf of the Seller) has the right to demand that the Buyer provide a document confirming the payment of the Goods.

    7.8. The Buyer's failure to fulfill his obligations regarding the payment for the ordered Goods is considered the Buyer's unilateral refusal of this Agreement in full, which accordingly results in the complete termination of all Seller's obligations arising from the acceptance by the Buyer of the Seller's offer to conclude this Agreement.

    Liability of the Parties and Dispute Resolution

    8.1. For non-performance or improper performance of the terms of this Agreement, the Parties bear responsibility provided by this Agreement and the norms of the current legislation of Ukraine.

    8.2. If the non-performance or improper performance of the terms of this Agreement by one of the Parties resulted in damages to the other Party, the guilty Party is obliged to compensate such damages in full.

    8.3. Compensation for damages does not relieve the guilty Party from the obligation to properly fulfill the terms of this Agreement.

    8.4. The Seller is not responsible for:

    • Slight discrepancies in the color scheme of the Goods, which may differ from the original Goods solely due to different color rendering of computer monitors of individual models;

    • The content and truthfulness of the information provided by the Buyer when placing the Order;

    • Delays and interruptions in the provision of services for processing Orders and delivering Goods, occurring for reasons beyond its control;

    • Illegal actions committed by the Buyer using access to the Internet;

    • The transfer by the Buyer of their network identifiers – IP, MAC addresses, login, and password to third parties.

    8.5. In case of disputed situations, the Buyer may send complaints, claims, and/or demands to the Seller's official email address: hello@solancebrand.com.

    8.6. The Seller provides a response to complaints, claims, and/or demands sent to the official email address provided in paragraph 8.5 of section 8 of this Agreement within 10 (ten) working days.

    8.7. If consensus cannot be reached within 30 (thirty) calendar days, the Buyer has the right to file a complaint with any government body competent to handle such complaints.

    8.8. If the dispute cannot be resolved according to paragraphs 8.5, 8.6, and 8.7 of section 8 of this Agreement, the Buyer has the right to go to court at the Seller's location.

    Force Majeure Circumstances

    9.1. The Parties are released from responsibility for full or partial non-performance or improper performance of obligations defined by this Agreement if such non-performance or improper performance occurred due to the action of force majeure (force majeure circumstances).

    9.2. Force majeure (force majeure circumstances) are understood as those that arose against the will or contrary to the will or desire of the Parties and which cannot be foreseen or avoided, including: military actions, armed conflict or threat of such, public disturbances, sabotage, epidemics, pandemics, blockades, fires, earthquakes, other natural phenomena, natural disasters, failures in power supply and communications used to provide services, adoption of acts by state bodies, and other circumstances beyond the control of the Parties, which make it impossible to timely, fully, and properly fulfill the Party's obligations under this Agreement.

    9.3. The occurrence of force majeure circumstances must be confirmed by a document of a competent authority – the respective Chamber of Commerce and Industry or another authorized, competent authority, entity.

    9.4. In the event of force majeure, the Party under its action informs the other Party within 5 (five) days from the moment of occurrence of such circumstances or from the moment of occurrence of the possibility for such a Party to inform the other Party of the occurrence of the circumstance. After the cessation of force majeure, the Party under their action informs the other Party within 5 (five) days from the end of the force majeure, or from the moment of occurrence of the possibility for such a Party to inform the other Party of the cessation of the force majeure.

    9.5. If force majeure circumstances continue for more than 3 (three) months in a row, each Party has the right to refuse further fulfillment of obligations under this Agreement and, in such a case, neither Party has the right to demand compensation for possible damages from the other Party.

    Other Terms of the Agreement

    10.1. This Agreement is a public electronic contract (offer) for ordering, purchasing, selling, and delivering Goods remotely using remote communication means (Internet) through the Online Store.

    10.2. The withdrawal or modification of the terms of the offer (offer) to conclude this public Agreement, as well as the change of the terms of this public Agreement, can be carried out by the Seller at any time.

    10.3. The withdrawal or modification of the terms of the offer (offer) to conclude this public Agreement, as well as the change of the terms of this public Agreement, cannot be grounds for:

    • Any review or change of the terms or termination of agreements already concluded by the Seller with Buyers under the terms of this public Agreement;

    • The Seller's refusal of the obligations already assumed under the agreements concluded with Buyers under the terms of this public Agreement.

    10.4. The terms of the offer (offer) to conclude this public Agreement, as well as the terms of this public Agreement, are the same for all Buyers.

    10.5. The Seller's offer (offer) to conclude this public Agreement is considered accepted by the Buyer in full from the moment of conclusion by the Buyer of this public Agreement in the manner established by paragraph 3.1 of section 3 of this Agreement.

    10.6. The conclusion of this public Agreement (acceptance by the Buyer of the Seller's offer) is considered an unconditional and complete acceptance by the Buyer of all the terms of this public Agreement without exceptions, including essential terms, as well as the entry into the relevant contractual relations with the Seller.

    10.7. The documentary (paper) confirmation of the conclusion of this public Agreement is the corresponding settlement document of the established form with a note on the date of sale (date of transfer) of the Goods.

    10.8. The recognition of invalid or ineffective individual terms of this public Agreement does not result in the invalidity or ineffectiveness of any other terms of this public Agreement.

    10.9. On all issues not reflected in this Agreement, the Parties are guided by the norms of the current legislation of Ukraine.