PUBLIC CONTRACT (OFFER) for the order, purchase, sale and delivery of goods

This agreement is valid on the basis of the Charter, hereinafter between the "Seller" and the user of the services of the website, hereinafter - the "Customer", is an agreement of assignment for the order, purchase and delivery of Goods and determines the main terms of ordering, purchasing and delivery of Goods through the website https://polax.ua . The Buyer, acting for the purpose of purchasing the Goods, accepts the terms of this agreement of purchase and sale of goods (hereinafter - the Agreement) on such terms.

1. DEFINITION OF TERMS

1.1. Public offer (hereinafter referred to as the "Offer") - a public offer of the Seller, addressed to an unspecified circle of persons, to conclude with the Seller a contract for the purchase and sale of goods remotely (hereinafter referred to as the "Agreement") on the terms and conditions contained in this Offer, including all Appendices.

1.2. Order – the Customer's decision to order goods and their delivery, issued in the online store and/or an order for the purchase and delivery of goods.

2. GENERAL PROVISIONS

2.1. The information below is an official proposal (offer) of the online store https://polax.ua to any individual (hereinafter referred to as the Buyer) to conclude a contract of sale of goods. The specified contract is public, that is, according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers.

2.2. In accordance with Article 642 of the Civil Code of Ukraine, the fact of placing and confirming the order is the full and unconditional acceptance of the terms of this proposal (offer), which confirms the conclusion of the Contract for the Purchase and Sale of Goods on the terms proposed below.

2.3. By placing an Order, the Buyer confirms his agreement and unconditional acceptance of the terms of this proposal (offer).

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

• The Buyer is fully and completely familiar with and agrees to the terms of this offer;
• he gives permission to collect, process and transfer personal data under the conditions specified below in the Disclaimer 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 expiration. In addition, by concluding the Agreement, the Customer confirms that he has been notified (without additional notification) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and that his personal data are transferred to the Seller in order to fulfill the terms of this Agreement, the possibility of making mutual settlements, as well as to receive invoices, acts and other documents. The Customer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications to the Customer, without changing the purpose of processing personal data. The scope of the Customer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.

3. PRICE OF THE GOODS

3.1. The price for each item of goods is indicated on the website of the Online Store.

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

3.3. In the event of a change in the price of the ordered Goods, the Seller undertakes to inform the Buyer about 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 is changed by the Seller after placing the Order.

3.5. The Seller shall not change the price of the Goods paid by the Buyer.

3.6. The Seller indicates the cost of delivery of the Goods on the website of the Online Store or informs the Buyer when placing an order with the Operator.

3.7. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives the funds.

3.8. Payments between the Seller and the Buyer for the Goods are made by the methods specified on the website of the Online Store in the "Delivery and Payment" section.

4. ORDERING

4.1. The Buyer orders the Goods through the Operator by phone: +380502888008, +380982878008 or through the service of the Polax.ua online store website.

4.2. When registering on the Online Store website, the Buyer undertakes to provide the following registration information:

4.2.1. surname, first name, patronymic of the Buyer or the person indicated by him (recipient);

4.2.2. the address to which the Goods should be delivered (if delivery is to the Buyer's address);

4.2.3. Email address;

4.2.4. contact phone number.

4.3. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer's basket on the Online Store website.

4.4. If the Seller needs additional information, he has the right to request it from the Buyer. If the Buyer does not provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.

4.5. When placing an Order through the Operator (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 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 registered in the Seller's database.

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

4.8. A distance sales contract between the Seller and the Buyer is considered concluded from the moment of electronic order placement on the online store website or the Seller issues to the Buyer a cash or merchandise receipt or other document confirming payment for the Goods.

5. DELIVERY AND HANDOVER OF THE GOODS TO THE BUYER

5.1. The methods, procedure and terms of delivery of goods are specified on the website in the "Delivery and Payment" section. The Buyer agrees with the online store operator the procedure and terms of delivery of the ordered goods at the time of placing the purchase.

5.2. Self-pickup of goods

5.2.1. Due to recent events in the country, self-pickup is temporarily suspended, orders can only be received through the Nova Poshta delivery service.

5.2.2. Ownership and the risk of accidental loss or damage to the goods shall pass to the Customer or its Representative from the moment of receipt of the goods by the Parties signing the goods receipt and/or order (and/or order for the purchase and delivery of the goods) for delivery.

5.3. Delivery of goods is carried out by the online market's employees themselves in accordance with the delivery terms, or with the involvement of third parties (carrier).

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

5.5. The Customer or the Customer's Representative, upon receipt of the goods, confirms by his signature on the goods receipt and/or order for delivery of goods that he has no complaints about the quantity of goods, appearance and completeness of the goods.

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 accordance with the procedure and under the conditions specified by the Law of Ukraine "On Protection of Consumer Rights".

6.2. Return of goods of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact of purchase and the terms of ordering the specified goods are preserved.

6.3. The Customer does not have the right to refuse goods of proper quality that have individually defined properties, if the specified goods can be used exclusively by the Consumer who purchased it (including non-standard, at the Customer's request, sizes, etc.). Confirmation that the goods have individually defined properties is the difference in the dimensions of the goods and other characteristics specified in the online store.

6.4. The return of goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the "Contacts" section.

6.5. In the event of the Buyer's rejection of goods of proper quality, the Seller shall refund the amount of the cost of such Goods, excluding the Seller's costs of delivering the returned goods.

6.6. The refund of the amount specified in clause 6.5. is carried out simultaneously with the return of the goods.

7. LIABILITY OF THE PARTIES

7.1. The Seller is not liable for damage caused to the Buyer as a result of improper use of the Goods pre-ordered on the Service https://polax.ua/ and purchased from the Seller.

7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or false information.

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

7.4. The Seller or the Buyer shall be exempt from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party thereof.