Offer Agreement
This Agreement is a public contract – a public offer agreement, meaning that, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of status (individual, legal entity, sole proprietor). By fully agreeing to this Agreement, the buyer accepts the terms and conditions for placing an order, paying for goods, and receiving delivery.
This Agreement is concluded between the online store abtech.in.ua (hereinafter referred to as the "Seller") and any legal entity, sole proprietor, or individual using the services of the online store (hereinafter referred to as the "Buyer"), and includes all essential terms and conditions for distance selling (i.e., via the online store).
The terms of this Agreement govern the relationship between the Seller and the Buyer and are determined by the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII dated May 12, 1991, and the Rules for Retail Trade in Non-Food Products approved by the Order of the Ministry of Economy of Ukraine No. 104 dated April 19, 2007.
This Agreement is a public offer, equivalent to an "oral agreement," and has full legal force in accordance with current Ukrainian legislation.
1. General Provisions 1.1. This Agreement is a public offer (in accordance with Articles 633, 641, and Chapter 63 of the Civil Code of Ukraine) and contains all essential terms for organizing remote sales via the online store.
1.2. Under Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the public offer is the fact of clicking the button "Place Order," "Submit Order," or "Buy in 1 Click" and paying 100% of the order amount under the terms of this Agreement.
1.3. The public offer is also accepted by registering on the online store's website.
1.4. By entering into this Agreement, the Buyer confirms full knowledge and agreement with its terms. If the Buyer is an individual, they also consent to the processing of their personal data for the purpose of fulfilling this Agreement, conducting mutual settlements, and receiving invoices and other documents. This consent is valid for the entire term of the Agreement. Additionally, by entering into this Agreement, the Buyer confirms they have been informed (without further notice) of their rights under the Law of Ukraine "On Personal Data Protection" and understand the purpose of data collection.
2. Terms and Definitions 2.1. "Online Store" – the Seller’s website ("abtech.in.ua"), created for concluding retail and wholesale purchase-sale contracts based on the Buyer's review of the product description and photos online, excluding the possibility of direct inspection – distance selling.
2.2. "Product" – the list of items presented in the online store.
2.3. "Personal Data" – any information directly or indirectly related to a particular individual.
2.4. "Significant Product Defect" – a defect that makes the product unusable for its intended purpose, originates from the manufacturer (Seller), recurs after elimination, and has at least one of the following characteristics:
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Cannot be eliminated at all;
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Requires more than 14 calendar days to eliminate;
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Makes the product substantially different from what was agreed.
3. Subject of the Agreement 3.1. The online store undertakes to transfer ownership of the product to the Buyer, who agrees to pay and accept it under this Agreement.
3.2. This Agreement governs distance selling in the online store, including:
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Voluntary selection of goods by the Buyer;
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Independent order placement on the website;
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Payment by the Buyer;
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Fulfillment and delivery of the order under this Agreement.
4. Order Placement Procedure 4.1. The Buyer independently places the order online or by phone via contacts listed in the store.
5. Price and Payment 5.1. Full product prices are listed on the Seller’s website.
5.2. Prices may vary with market conditions and are updated in the store. Once accepted and paid, the price for a specific Buyer cannot change.
5.3. The Buyer must pay 100% of the order total within 2 business days via bank transfer (including internet banking) to the Seller’s account.
6. Order Delivery 6.1. Goods are shipped after full prepayment.
6.2. Delivery and return are carried out by the Seller or a transport company at the Buyer’s expense. Delivery must not exceed 10 days.
6.3. Delivery cost is not specified on the website, as it depends on the carrier’s current rates.
6.4. For bulk orders, delivery terms are negotiated separately.
6.5. The Seller is not responsible for delivery times, as they depend on third parties.
6.6. The Buyer pays delivery charges to the carrier upon receipt. Exact costs are determined by the carrier.
7. Return of Goods in Proper Condition 7.1. The Buyer may exchange an item that does not meet expectations if:
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It is returned within 14 days (excluding purchase day);
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It hasn’t been used, is intact, and retains all labels, seals, packaging, and completeness;
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It has no scratches or defects and is fully operational;
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The Buyer provides the purchase receipt.
7.1.1. These conditions do not apply to goods listed as non-returnable by Cabinet of Ministers Decree No. 172 (March 19, 1994).
7.2. The Seller may refuse an exchange if these conditions are not met.
7.3. Return shipping is paid by the Buyer.
7.4. Warranty period is renewed upon exchange.
7.5. If a replacement is unavailable, the Buyer may:
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Choose another product;
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Cancel the agreement and receive a refund;
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Wait for restock.
8. Rights and Obligations of the Parties 8.1. The Buyer must:
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Review product information;
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Place orders independently;
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Pay and receive the order in time;
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Inspect the product upon receipt and document any damage.
8.2. The Buyer has the right to require fulfillment of this Agreement.
8.3. The Online Store must:
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Fulfill the contract terms;
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Deliver the exact item ordered;
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Not be liable for third-party actions.
8.4. The Online Store may:
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Suspend service if the Buyer violates the Agreement.
9. Product Acceptance by Buyer 9.1. Upon receipt, the Buyer must inspect packaging and product condition.
9.2. Any issues must be documented and signed by the carrier or Seller. Notification must be sent to the Seller within one day.
9.3. Failure to comply implies acceptance in good condition.
9.4. If defects emerge within warranty, the Buyer may:
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Cancel the agreement and get a refund;
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Request a replacement.
9.5. Upon confirmation, refunds are issued within 7 days.
9.6. In such cases, return shipping is covered by the Seller.
9.7. Returned goods must retain their original packaging and condition.
9.8. All other issues are governed by manufacturer warranty terms or applicable Ukrainian law.
10. Liability 10.1. Parties are liable for improper performance of this Agreement.
10.2. Force majeure releases both parties from obligations.
10.3. The affected party must notify the other within five days via email.
10.4. If force majeure lasts over five months, either party may terminate the Agreement.
10.5. Disputes must be resolved through negotiation.
11. Other Conditions 11.1. The store may unilaterally amend the Agreement with prior publication.
11.2. The store is created for distance sales via the Internet.
11.3. The store is not responsible for Buyer-provided information.
11.4. The Buyer is responsible for the accuracy of their order information.
11.5. Payment confirms full acceptance of the Agreement.
11.6. Browsing and ordering are free of charge.
11.7. Buyer-provided data is confidential and used only for store operations.
11.8. By accepting this Agreement or registering, the Buyer consents to data collection for commercial purposes, including processing orders, providing updates, and promotional communications.
11.9. The Buyer permits indefinite data storage and agrees not to hold the Seller liable for authorized third-party processing or government requests.
11.10. To unsubscribe, the Buyer may submit a written request to the Seller.
12. Term of Agreement 12.1. This Agreement becomes effective upon order placement or registration on "abtech.in.ua" and remains valid until all obligations are fulfilled.