Public offer

Public offer

INTRODUCTION

This public offer agreement for the sale of goods is public; therefore, pursuant to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, or individual entrepreneur). By fully accepting this Agreement, the Buyer accepts its terms and the procedure for placing an Order, paying for the Product, delivering the Product, and the other terms of this Agreement.

This Public Offer Agreement for the sale of goods (hereinafter, the Agreement) in the Online Store https://www.motor-yachts.com.ua/ (hereinafter, the Online Store and/or the Website), and any legal entity, individual, or individual entrepreneur who joins the terms of this Agreement (hereinafter, the Buyer), defines the terms and procedure for the sale and purchase of Products in the Online Store.

This Agreement constitutes a public offer and is concluded when the Seller offers to enter into this Agreement and the Buyer accepts that offer.

The Seller may unilaterally amend this Agreement by publishing the amendments on the Website. The amendments take effect from the date of publication unless another effective date is additionally specified when the relevant amendments are published.

1. TERMS AND DEFINITIONS

Website - https://www.motor-yachts.com.ua/

Manufacturer - a business entity that manufactures a Product, declares itself to be the manufacturer of a Product, or manufactures such Product to order and places on the Product, its packaging, or accompanying documents transferred to the consumer together with the Product its name, trademark, or another element identifying that business entity; or imports the Product, in accordance with the Law of Ukraine On Consumer Rights Protection.

Website Visitor - a person who visits the Website without the purpose of placing an Order.

Order - the Buyer's decision to purchase selected Products by properly submitting a request for their purchase and delivery to the address specified by the Buyer.

Online Store - the Seller's website intended for the retail sale of Products to an unlimited number of persons by concluding a public offer agreement for the sale of goods based on the Seller's description of the Products published on the Website, without the Buyer being able to inspect the Product directly before purchase.

Material Defect of a Product - a defect that makes the Product impossible or unacceptable to use for its intended purpose, arose through the Manufacturer's fault, reappears after being remedied for reasons independent of the consumer, and has at least one of the following characteristics:

a) it cannot be remedied at all;

b) remedying it requires more than fourteen calendar days;

c) it makes the Product materially different from what is provided for by the Agreement.

User - a legal entity, individual, or individual entrepreneur who visits the Website, intends to place an Order on the Website, and accepts the terms of this Agreement.

Defect - any non-compliance of the Product with applicable laws and regulations, regulatory documents, the terms of agreements, requirements applicable to it, or information about the Product provided by the Manufacturer, contractor, or Seller.

Personal Account - the Buyer's personal section on the Seller's Website, accessed using the login and password created by the Buyer, which displays the Buyer's personal data and list of Orders.

Buyer - a User who has placed an Order on the Website.

Personal Data - any information that directly or indirectly relates to an identified person.

Product - items offered in the Seller's Online Store and arranged by type, model, size, color, or other characteristics (assortment), which may be accompanied by an image or photograph.

2. GENERAL PROVISIONS

2.1. This Agreement is a public offer agreement pursuant to Articles 633 and 641 of the Civil Code of Ukraine. Its terms are the same for all Buyers regardless of their status (individual, legal entity, or individual entrepreneur).

2.2. A Visitor/User acquires the status of Buyer after placing an Order.

2.3. This Agreement is deemed concluded between the Buyer and the Seller when the Buyer places an Order.

2.4. By entering into this Agreement, the Buyer confirms that the Buyer has fully read and accepts its terms and, if the Buyer is an individual, gives the Seller consent to process Personal Data for performance of this Agreement and settlement of payments.

2.5. The Buyer's consent to the processing of Personal Data remains valid throughout the term of this Agreement and for an unlimited period after its termination. By entering into this Agreement, the Buyer also confirms having been informed, without any additional written or oral notice, of the rights established by the Law of Ukraine On Personal Data Protection and of the purpose for collecting Personal Data.

2.6. The Buyer agrees that the Seller may grant access to and transfer the Buyer's Personal Data to third parties without obtaining any additional consent from the Buyer, provided that the purpose of processing the Personal Data is not changed.

2.7. The Buyer confirms that 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.

3. SUBJECT MATTER OF THE AGREEMENT

3.1. The Seller undertakes to transfer the Product into the Buyer's ownership, and the Buyer undertakes to accept and pay for it on the terms specified in this Agreement.

3.2. This Agreement governs the sale and purchase of Products in the Online Store, including the procedure for:

- selection of a Product by the Buyer;

- independent placement of an Order by the Buyer;

- payment by the Buyer for the ordered Product;

- transfer of the Order into the Buyer's ownership (delivery of the Product to the address specified by the Buyer when placing the Order).

3.3. This Agreement applies to all types of Products listed on the Website.

4. TERMS AND PROCEDURE FOR REGISTRATION IN THE PERSONAL ACCOUNT

4.1. Registration in the Online Store's Personal Account is completed by the User creating an individual login and password, which the User uses to access the Personal Account after the registration procedure is completed.

4.2. Registration in the Online Store's Personal Account is not required to place an Order.

4.3. When registering a Personal Account in the Online Store, the User provides the Seller with Personal Data by entering the relevant information on the Website. The Buyer is responsible, and bears all related risks, for the accuracy of the information specified in the Personal Account.

4.4. When communicating with the Seller's representatives, the User/Buyer must comply with generally accepted moral principles and communication etiquette. Obscene language, insulting expressions, threats, and blackmail are strictly prohibited.

5. TERMS AND PROCEDURE FOR THE SALE AND PURCHASE OF PRODUCTS

5.1. The Seller ensures that the Products offered in the Online Store are available in stock. Product images and photographs are illustrative, and the Product's actual appearance may differ from them. Accompanying descriptions and specifications are not exhaustive. The Buyer may contact the Seller at any time to clarify information about a Product.

5.2. A User intending to purchase a Product in the Online Store adds the relevant Product to the cart and places an Order.

5.3. An Order is deemed placed when the Buyer enters Personal Data, including a contact telephone number and email address, as well as information about the delivery method, delivery address, and payment method.

5.4. After the Order is placed, the Buyer is informed of the expected delivery date by a message sent to the email address specified when placing the Order or in the Online Store's Personal Account, or by telephone.

5.5. A representative of the Seller may clarify the details of the Order by telephone.

5.6. If a Product ordered by the Buyer is unavailable in the Seller's warehouse, the Seller informs the Buyer by sending a notice to the email address specified when placing the Order or in the Online Store's Personal Account, or by telephone.

6. DELIVERY OF PRODUCTS

6.1. Orders are delivered throughout Ukraine by Nova Poshta to the address or branch specified by the Buyer when placing the Order.

6.2. Delivery of the Product to the Buyer is carried out in accordance with the Payment and Delivery section available at https://www.motor-yachts.com.ua/

6.3. Orders are dispatched within 1-3 days after confirmation by the Seller and agreement with the customer, provided the Product is in stock. During delivery, the Order is handed to the Buyer or to a third party specified in the application as the Buyer or recipient. If the Buyer cannot receive the Order, it may be handed to a person able to provide accurate Order details. Upon handing over the Order, the Carrier may require an identity document from the recipient.

6.4. The Order is delivered to the Nova Poshta branch specified by the Buyer, to the door at the address specified by the Buyer, or to another specified branch. To receive the Order, the Buyer presents an identity document and the consignment note number. The consignment note number is communicated to the Buyer by any of the following methods:

- by telephone;

- through the Viber mobile application;

- by email to the address specified by the Buyer;

- by SMS message.

6.5. The risk of accidental damage to or destruction of the Product passes to the Buyer when the Order is handed over and the Buyer or recipient signs the documents confirming delivery.

7. PRODUCT PRICE AND PAYMENT PROCEDURE

7.1. The Product price is stated in Ukraine's national currency, the hryvnia, and includes all taxes required by Ukrainian law.

7.2. The Product price is stated on the Website. If the Order price is stated incorrectly, the Seller informs the Buyer so that the Order can be confirmed at the corrected price or cancelled.

7.3. The Seller may change the Product price on the Website unilaterally. However, the price of a Product already ordered by the Buyer is not subject to change.

7.4. The price of the Buyer's Order is calculated by adding the prices of all Products included in the Order, equals the amount payable by the Buyer, and is displayed when the Order is placed.

7.5. Until the seller registration details and payment requisites are published, an Order placed on the Website is a preliminary request.

7.6. Availability, final price, delivery terms and the available payment method are confirmed by the manager before performance of the Order.

7.7. Online payment on the Website will be enabled only after the required registration and payment-service setup are completed.

8. PRODUCT QUALITY WARRANTIES

8.1. A Product transferred or required to be transferred by the Seller to the Buyer must meet the applicable quality requirements at the time it is transferred to the Buyer.

8.2. All Products offered on the Website are permitted for sale in Ukraine.

8.3. Safety requirements for Products offered on the Website are established by the Law of Ukraine On Ensuring the Sanitary and Epidemic Well-Being of the Population and Resolution of the Cabinet of Ministers of Ukraine No. 753 On Approval of Technical Regulations for Medical Devices. The exchange and return of sanitary and hygiene products is governed by Resolution of the Cabinet of Ministers of Ukraine No. 172 of 19 March 1994 On Implementation of Certain Provisions of the Law of Ukraine On Consumer Rights Protection.

9. PROCEDURE FOR EXCHANGE AND RETURN OF PRODUCTS

9.1. A Product is returned in accordance with the procedure and on the terms specified in the Product Exchange and Return Policy available at https://www.motor-yachts.com.ua/

9.2. If defects are identified when an Order or Product is received, the Buyer is entitled, in the manner and within the time limits established by law, to require:

9.2.1. exchange after the Product is returned;

9.2.2. a refund after the Product is returned;

9.2.3. remedy of the Product's defects or compensation.

9.3. If, upon acceptance of an Order or Product, material defects are identified that arose through the fault of the Product's Manufacturer or the transporting company, or if the Product is counterfeit, and these circumstances are confirmed by an expert opinion where required, the Buyer is entitled, in the manner and within the time limits established by law, to choose to require the Seller or Manufacturer to:

9.3.1. terminate the Agreement and refund the amount paid for the Product after the Product is returned;

9.3.2. replace the Product with an identical or similar Product available from the Seller or Manufacturer after the Product is returned.

9.4. The consumer may assert one of the claims provided for in part one of Article 8 of the Law of Ukraine On Consumer Rights Protection and, if it is not satisfied, may assert another claim provided for in part one of Article 8 of that Law.

9.6. The Buyer's claims are considered after the Buyer presents the payment document and, for Products subject to a warranty period, the technical passport or another document replacing it bearing the date of sale.

9.7. Claims under Article 8 of the Law of Ukraine On Consumer Rights Protection are not satisfied if the Seller or Manufacturer proves that the Product's defects arose because the Buyer violated the rules for using or storing the Product. The Buyer may participate in the Product quality inspection personally or through a representative.

9.8. To exercise the right to terminate the Agreement, the Buyer must keep the ordered Product unchanged.

9.9. Pursuant to Resolution of the Cabinet of Ministers of Ukraine No. 172 of 19 March 1994 On Implementation of Certain Provisions of the Law of Ukraine On Consumer Rights Protection (hereinafter, the List), which approves the list of Products of proper quality that are not subject to exchange or return when they do not satisfy consumers for any reason, a Product of proper quality offered on the Website is not subject to exchange or return if it is included in the List and belongs to the following categories:

sanitary and hygiene items;

non-food products, including perfume and cosmetic products.

9.10. In the cases provided for in clauses 9.2.1, 9.2.3, and 9.3.11 of this Agreement, the refund is made by cashless transfer of the relevant amount to the Buyer's bank card. At the Seller's request, the Buyer provides the bank card details, and the refund is made within five working days from the date the Seller receives those details.

9.11. In the cases provided for in clauses 9.2.2, 9.2.1, and 9.3.2 of this Agreement, delivery of the Product to the Seller or Manufacturer and its return to the Buyer is paid for by the Buyer.

10. RIGHTS AND OBLIGATIONS

10.1. The Seller has the right to:

10.1.1. refuse to enter into the Agreement and refund money paid by the Buyer if the Buyer's payment fails the security verification required by Ukrainian law, the rules of international payment systems, or the internal procedures of an authorized bank;

10.1.2. require the Buyer to provide information necessary to place an Order on the Website;

10.1.3. require the Buyer to perform and comply with the terms of this Agreement;

10.1.4. change the Product price unilaterally.

10.2. The Buyer has the right to:

10.2.1. purchase a Product on the terms and in the manner provided for by this Agreement;

10.2.2. return a Product of improper quality in the manner and on the terms provided in section 9 of this Agreement and by Ukrainian law;

10.2.3. require the Seller to comply with Product quality and safety requirements.

10.3. The Seller must:

10.3.1. fulfil the Buyer's Order after the Buyer has paid for it, depending on the payment method specified in this Agreement;

10.3.2. transfer the Product to the Buyer in accordance with the model selected in the Online Store, the Order placed, and the terms of this Agreement;

10.3.3. comply with the Product quality requirements provided for by this Agreement and applicable Ukrainian law;

10.3.4. ensure the confidentiality and non-disclosure of information received from the Buyer when the Order is placed, including bank card details and the Buyer's Personal Data;

10.3.5. set the same Product price regardless of the Buyer's status (individual, legal entity, or individual entrepreneur).

10.4. The Buyer must:

10.4.1. comply with the terms of this Agreement;

10.4.2. comply with Ukrainian law and the rules of international payment systems when making cashless payment for a Product ordered from the Online Store;

10.4.3. at the Seller's request and to comply with the sale and purchase procedure established by this Agreement, provide the Seller with the Buyer's Personal Data and the details of the bank card belonging to the Buyer;

10.4.4. use a bank card registered in the Buyer's name when placing an Order;

10.4.5. ensure that the bank card used for cashless payment for the Product has sufficient funds;

10.4.6. pay for the Product in full and on time and accept the Product ordered from the Online Store from the Carrier.

11. LIABILITY

11.1. The Seller is not responsible for the Buyer's selection of a Product and only guarantees that the ordered Product corresponds to the Order.

11.2. The Seller is not liable for:

11.2.1. changes made by the Manufacturer to the Product's appearance;

11.2.2. minor differences in the Product's color caused solely by differences in color rendering on personal computer monitors and mobile devices;

11.2.3. the content or accuracy of information provided by the Buyer when placing an Order;

11.2.4. fees withheld by the Buyer's bank when the Product is paid for;

11.2.5. the time required to credit the Buyer's funds to the Seller's bank account;

11.2.6. delays in delivery of a Product caused by circumstances arising and remaining beyond the Seller's control;

11.2.7. the Buyer's transfer of network identifiers, including IP and MAC addresses, login, or passwords, to third parties.

11.3. The Buyer is liable for:

11.3.1. damage caused by the Buyer's actions or by the actions of third parties authorized on the Website using the Buyer's login and password. The Buyer is released from liability if the Buyer proves that the login and password were obtained unlawfully by third parties;

11.3.2. violation of Ukrainian law and the rules of international payment systems concerning cashless payment for a Product, to the extent established by Ukrainian law and the rules of the relevant international payment systems;

11.3.3. use of a bank card registered in the name of a third party, to the extent established by Ukrainian law.

11.4. The Seller is not liable if the Product does not meet the Buyer's subjective expectations. The Buyer understands and agrees that emotional and aesthetic impressions of the Product may differ from the Buyer's subjective expectations, including expectations formed from information not distributed by or on behalf of the Seller, such as reviews by critics, social media users, or other persons. Such differences do not constitute improper performance by the Seller.

12. CONFIDENTIALITY AND INFORMATION PROTECTION

12.1. When registering on the Website, the User provides the Seller with the following information: full name, telephone number, email address, and password for access to the Online Store's Personal Account (hereinafter, Personal Data).

12.2. By providing Personal Data to the Seller, the User/Buyer consents to its processing by the Seller, including for the purpose of promoting the Seller's Products, and to its transfer to third parties engaged by the Seller to perform this Agreement.

12.3. The terms and procedure for processing and protecting Personal Data in the Seller's Personal Data databases are governed by the policy on processing and protection of Personal Data in databases owned by the Seller.

12.3. The Seller uses the User's/Buyer's Personal Data:

12.3.1. to register the User on the Website;

12.3.2. to perform the Seller's obligations to the User/Buyer;

12.3.3. to evaluate and analyze operation of the Website;

12.3.4. to determine winners of promotions conducted by the Seller.

12.4. With the User's/Buyer's consent, the Seller may send informational and advertising messages to the User's/Buyer's email address. The User/Buyer may refuse advertising and other information without stating a reason. Service messages informing the User/Buyer about an Order and the stages of its processing are sent automatically and cannot be declined.

12.5. The Seller may use cookie technology. Cookies do not contain confidential information and are not transferred to third parties.

12.5. The Seller receives information about the User's/Buyer's IP address. This information is not used to identify the Visitor.

13. ADDITIONAL TERMS

13.1. The Online Store and its services may be temporarily, partially, or completely unavailable due to maintenance or other work or for other technical reasons. The Seller's technical service may periodically carry out necessary maintenance or other work with or without prior notice to Buyers.

13.2. Relations between the User/Buyer and the Seller are governed by Ukrainian law.

13.3. The Seller is deemed to have performed its obligation under this Agreement, and title to the Product passes to the Buyer, when the Product is actually handed over, as evidenced by a sales receipt or delivery note.

13.4. A court ruling that any provision of this Agreement is invalid does not invalidate the remaining provisions.

14. DISPUTE RESOLUTION

14.1. All disputes and disagreements arising from this Agreement are resolved through negotiations.

14.2. If the parties fail to reach agreement, the dispute is resolved in court in accordance with applicable Ukrainian law.

15. FORCE MAJEURE

15.1. The parties are released from liability for non-performance or improper performance of their obligations under this Agreement if force majeure circumstances arise that did not exist when the Agreement was concluded and arose beyond the parties' control, including natural disaster, fire, epidemic, war, rebellion, strike, or acts of public authorities that make a party's actions unlawful.

15.2. A party unable to perform its obligations due to force majeure must immediately notify the other party.

16. TERM OF THE AGREEMENT

16.1. This Agreement is deemed concluded, and the offer accepted, when the Buyer places an Order in the Online Store.

16.2. This Agreement takes effect when concluded and remains in force until the parties have fully performed their obligations.