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Public Offer Agreement

This Contract is the Seller’s official and public offer to conclude a contract of sale of the Goods presented on the website https://bgnarmo.com.ua. This Contract is public; 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, or sole proprietor), without granting preference to any buyer. By entering into this Contract, the Buyer fully accepts the terms and procedures for placing an order, paying for the goods, delivery, returns, liability for bad-faith orders, and all other conditions of the Contract. The Contract is deemed concluded at the moment the Buyer clicks the “Confirm Order” button on the checkout page in the “Cart” section and receives an electronic order confirmation from the Seller.

1. Definitions

1.1. Public Offer (hereinafter, the “Offer”) — the Seller’s public proposal addressed to an indefinite circle of persons to conclude with the Seller a distance sales contract (hereinafter, the “Contract”) under the terms contained in this Offer.

1.2. Goods or Service — the subject of the parties’ transaction selected by the Buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.

1.3. Online Store — the Seller’s website at https://bgnarmo.com.ua created for concluding retail and wholesale sales contracts based on the Buyer’s review, via the Internet, of the Goods’ descriptions offered by the Seller.

1.4. Buyer — a capable individual who has reached the age of 18, who receives information from the Seller and places an order to purchase goods presented on the Online Store website for purposes not related to business activities, or a legal entity or sole proprietor.

1.5. Seller — LLC “BGN ARMO” (EDRPOU code 44782059), established and operating under the current laws of Ukraine, registered office: Ukraine, 79026, Lviv region, Lviv, 6B Akademika Lazarenka St.

2. Subject of the Contract

2.1. The Seller undertakes to transfer the Goods into the Buyer’s ownership, and the Buyer undertakes to pay for and accept the Goods under the terms of this Contract.

2.2. The date of conclusion of the Offer Contract (acceptance of the Offer) and the moment of the Buyer’s full and unconditional acceptance of the Contract’s terms shall be the date the Buyer completes the order form located on the Online Store website, provided the Buyer receives an electronic order confirmation from the Seller. If necessary and at the Buyer’s request, the Contract may be executed in writing.

3. Placing an Order

3.1. The Buyer independently places an order in the Online Store via the “Cart” form, or by placing an order via email or by phone listed in the Online Store’s contacts section.

3.2. The Seller has the right to refuse to deliver the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts as to its validity.

3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:

  • 3.3.1. Buyer’s last name and first name;

  • 3.3.2. Delivery address for the Goods (if delivery is to the Buyer’s address);

  • 3.3.3. Contact phone number;

  • 3.3.4. Taxpayer Identification Code for a legal entity or sole proprietor.

3.4. The name, quantity, SKU, and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the Online Store website.

3.5. If either Party to the Contract requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide necessary information, the Seller is not responsible for delivering a quality service to the Buyer when purchasing goods in the Online Store.

3.6. When placing an order through the Seller’s operator (para. 3.1 of this Offer), the Buyer undertakes to provide the information specified in paras. 3.3–3.4 of this Offer.

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

3.8. By entering into the Contract—i.e., accepting the terms of this proposal (the offered terms of purchasing the Goods) by placing the Order—the Buyer confirms the following:

  • (a) the Buyer is fully acquainted with and agrees to the terms of this proposal (Offer);

  • (b) the Buyer consents to the collection, processing, and transfer of personal data; the consent to processing personal data is valid for the entire term of the Contract and for an unlimited period after its termination. In addition, by concluding the Contract, the Buyer confirms that they have been 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 are transferred to the Seller for the purpose of performing this Contract, enabling settlements, as well as receiving invoices, acts, 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 notifications to the Buyer for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a data subject under the Law of Ukraine “On Personal Data Protection” is known and understood to the Buyer.

4. Price and Delivery of Goods

4.1. Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices on the website are in hryvnias (UAH), VAT included.

4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a specific unit of Goods that has been fully paid for by the Buyer cannot be changed by the Seller unilaterally.

4.3. The price of the Goods indicated on the Online Store website does not include the cost of delivery to the Buyer. The Buyer pays the delivery cost according to the current tariffs of the delivery service (carrier) directly to the chosen delivery service (carrier).

4.4. The price of the Goods indicated on the Online Store website does not include the cost of delivery to the Buyer’s address.

4.5. The Seller may indicate an estimated delivery cost to the Buyer’s address upon the Buyer’s request to the Seller by email or when placing an order through the Online Store operator.

4.6. The Buyer’s payment obligations for the Goods shall be deemed fulfilled when the funds are credited to the Seller’s bank account.

4.7. Settlements between the Seller and the Buyer for the Goods are carried out by the methods specified on the Online Store website in the “Payment and Delivery” section.

4.8. Upon receipt of the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the Goods for compliance with qualitative and quantitative characteristics (product name, quantity, completeness, shelf life).

4.9. The Buyer or their representative, upon acceptance of the Goods, confirms with their signature on the sales receipt and/or order and/or consignment note for the delivery of goods that there are no claims regarding the quantity, appearance, and completeness of the Goods.

4.10. Title and risk of accidental loss or damage to the Goods pass to the Buyer or their representative from the moment the Goods are received by the Buyer at the place of delivery in the case of self-collection from the Seller, or at the moment the Goods are handed over by the Seller to the Buyer’s chosen delivery service (carrier).

5. Rights and Obligations of the Parties

5.1. The Seller shall:

  • 5.1.1. Deliver the Goods to the Buyer in accordance with this Contract and the Buyer’s order.

  • 5.1.2. Not disclose any private information about the Buyer and not provide access to such information to third parties, except as provided by law and when fulfilling the Buyer’s Order.

5.2. The Seller has the right to:

  • 5.2.1. Change the terms of this Contract, as well as prices for Goods and services, unilaterally by posting them on the Online Store website. All changes take effect upon publication.

5.3. The Buyer shall:

  • 5.3.1. Before concluding the Contract, familiarize themselves with the content and terms of the Contract and the prices offered by the Seller on the Online Store website.

  • 5.3.2. For the Seller to fulfill its obligations to the Buyer, provide all necessary data that unequivocally identify the Buyer and are sufficient for delivering the ordered Goods.

6. Returns

6.1. The Buyer has the right to return to the Seller non-food Goods of proper quality if the Goods do not satisfy the Buyer by shape, dimensions, style, color, size, or for other reasons cannot be used as intended. The Buyer has the right to return Goods of proper quality within 14 (fourteen) days, not counting the day of purchase. Returns of Goods of proper quality are accepted if the Goods were not used and if their commercial appearance, consumer properties, packaging, seals, labels, and the sales receipt issued to the Buyer for payment are preserved. The list of Goods that are not subject to return on the grounds provided in this paragraph is approved by the Cabinet of Ministers of Ukraine.

6.2. Refunds for Goods of proper quality are made within 30 (thirty) calendar days from the date the Seller receives such Goods, provided the requirements of para. 6.1 of the Contract and the current legislation of Ukraine are met.

6.3. The cost of the Goods is refunded by bank transfer to the Buyer’s account.

6.4. The return of Goods of proper quality to the Seller’s address is at the Buyer’s expense and is not reimbursed by the Seller. In the case of returning Goods of improper quality, costs related to delivery and return are covered by the Seller in accordance with current legislation.

6.5. If defects are found in the Goods within the established warranty period, the Buyer may personally, in the manner and within the time limits established by the legislation of Ukraine, present to the Seller the claims provided by the Law of Ukraine “On Consumer Rights Protection”. When claims for free defect elimination are presented, the period for defect elimination is counted from the date the Goods are received by the Seller at its disposal and the Seller gains physical access to such Goods.

6.6. The Seller will consider claims provided for by the Law of Ukraine “On Consumer Rights Protection” subject to the Buyer providing documents required by current Ukrainian legislation. The Seller is not responsible for defects in the Goods that occurred after transfer to the Buyer due to violation of the rules of use or storage of the Goods by the Buyer, actions of third parties, or force majeure.

6.7. The Buyer has no right to refuse Goods of proper quality that have individually determined characteristics, if such Goods were manufactured or ordered according to the Buyer’s individual parameters and can be used exclusively by this Buyer. Such Goods include, in particular, items with non-standard dimensions, specifications, appearance, configuration, etc., ordered at the Buyer’s individual request. Confirmation of individually determined characteristics is the difference of the Goods’ dimensions, specifications, or other parameters from the standard ones indicated in the Online Store.

6.8. Returns of Goods, in cases provided by law and this Contract, are made to the address indicated on the website in the “Contacts” section.

7. Liability

7.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.

7.2. The Seller is not liable for improper or untimely fulfillment of Orders and its obligations if the Buyer provided inaccurate or incorrect information.

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

7.4. The Seller or the Buyer shall be released from liability for complete or partial non-performance of their obligations if the non-performance is a consequence of force majeure circumstances such as war or military actions, earthquake, flood, fire, and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this Contract. The Party unable to fulfill its obligations shall immediately notify the other Party.

8. Confidentiality and Personal Data Protection

8.1. By providing their personal data on the Online Store website during registration or when placing an Order, the Buyer grants the Seller their voluntary consent to process and use (including transfer) their personal data, as well as to perform other actions provided by the Law of Ukraine “On Personal Data Protection”, without limitation of the term of such consent.

8.2. The Seller undertakes not to disclose information received from the Buyer. It shall not be considered a breach for the Seller to provide information to counterparties and third parties acting under a contract with the Seller, including for fulfillment of obligations to the Buyer, as well as in cases where disclosure of such information is required by the current legislation of Ukraine.

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

9. Other Provisions

9.1. This Contract is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If a dispute cannot be settled through negotiations, the Buyer and/or the Seller have the right to apply to the courts in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to amend this Contract unilaterally as provided in para. 5.2.1. In addition, changes to the Contract may also be made by mutual agreement of the Parties as provided by the current legislation of Ukraine.

SELLER’S ADDRESS AND DETAILS:

Limited Liability Company “BGN ARMO”

79026, Lviv region, Lviv, 6B Akademika Lazarenka St.

IBAN: UA713510050000026004879146424

Bank: JSC “UKRSIBBANK”

EDRPOU code: 44782059

Phone: +380 63 833 00 70

Single tax payer: 5%