Public offer agreement

This document constitutes an agreement between Sole Proprietor Kolisnyk Oksana Vasylivna (from now on referred to as “SP Kolisnyk O.V.”), who provides access to and services for the website begentleman.ua (from now on referred to as the “Online Store”), and any individual who has visited at least one page of the website or utilized any of its services, including without prior registration or authorization on the website (from now on referred to as the “Buyer”).

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 the essential conditions for arranging the purchase and sale of goods via distance means, i.e., through the Online Store.

1.2. In accordance with Article 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of this public offer is the act of placing an order by clicking the “Place Order” button in the shopping cart and paying 100% of the order amount under the terms of this Agreement.

1.3. The public offer is also deemed accepted upon the Buyer’s registration on the Online Store’s website.

1.4. By entering into this Agreement, the Buyer confirms that they have fully read and agreed to its terms. Additionally, if the Buyer is an individual, permits to process his/her personal data to fulfill the terms of this Agreement, conduct mutual settlements, and receive invoices, acts, and other documents. This consent for personal data processing is valid throughout the duration of the Agreement. Furthermore, by entering into this Agreement, the Buyer confirms that they have been informed (without additional notification) about their rights under the Law of Ukraine “On Personal Data Protection,” the purposes of data collection, and that they understand the scope of their rights as a personal data subject under the said law.

2. Terms and definitions

2.1. Online Store – the Seller’s website (begentleman.ua) created for the conclusion of retail purchase agreements based on the Buyer’s review of the goods offered by the Seller via photographs and descriptions available online, without direct examination of the goods by the Buyer, using distance selling methods.

2.2. Goods – the range of items presented in the Online Store.

2.3. Product Card – a set of information about a product that includes its name, image on the website, description, price, specifications, color, size, package contents, availability in the store, and other details.

2.4.  Order – a properly completed and placed request on the Website by the Buyer, addressed to the Seller, for the purchase and delivery of selected Goods to the address specified by the Buyer.

2.5. Order Value – the total amount payable by the Buyer upon receiving the Order, after applying discounts or bonuses.

2.6. Place Order – the Buyer’s decision to purchase a product, formalized through the Online Store.

2.7. Personal Data – any information knowingly provided by the Buyer during registration and/or order placement on the Website, necessary for the Online Store to fulfill the order.

3. Subject of the agreement

3.1. ІThe Online Store undertakes to transfer the Goods to the ownership of the Buyer, and the Buyer agrees to pay for and accept the Goods under the terms of this Agreement.

3.2. This Agreement governs the process of purchasing goods in the Online Store, including:

• The Buyer’s voluntary selection of goods under “Categories”;
• The Buyer’s independent placement of an order in the Online Store;
• Payment by the Buyer for the order placed in the Online Store;
• Fulfillment and transfer of the order to the Buyer’s ownership under the terms of this Agreement.

4. Ordering procedure

4.1. The Buyer independently places an order online through the online store or via telephone communication using the contact details provided on the online store’s website.

5. Cost and payment procedure for the goods

5.1. The full price of the product is specified on the Seller’s online store pages.

5.2. The Buyer pays for the order using any payment method available in the online store.

5.3. The delivery cost of the order is paid separately by the Buyer upon receipt of the order.

5.4. Prices for products and services may vary depending on market conditions, which is reflected in the online store’s pricing. The Seller cannot change the price for a specific Buyer if the Buyer has already accepted the Seller’s terms and made the payment for the product (services) as per this agreement.

6. Delivery Terms

6.1. Delivery of the ordered products is carried out within 1 (one) to 3 (three) working days from the moment the order is confirmed by the manager, but no later than thirty days from the date of order confirmation.

6.2. Delivery methods are described in detail in the “Delivery” section of the website.

6.3. Upon receiving the product, the Buyer must check it for compliance with the order, as well as inspect the quality, quantity, integrity, and completeness. The Buyer has the right to refuse the ordered product entirely, providing reasons in the relevant documents.

6.4. Delivery costs are not specified in the online store, as they depend on the current tariffs of the transportation company (carrier).

6.5. The Seller is not responsible for the delivery timeframe, as it depends on the actions of third parties (carriers).

6.6. The Buyer has the right to collect the order from the courier company’s office within 5 (five) working days, including the day the parcel arrives at the recipient’s (Buyer’s) office. If the order is not collected within this period, it is considered unclaimed (canceled at the Buyer’s initiative) and returned to the Seller.

7. The procedure for returning goods and refunds

7.1. The Buyer has the right to return a product of appropriate quality within fourteen days from the date of receiving the product at the courier company’s office if the product does not meet their expectations in terms of form, dimensions, style, color, or other reasons that prevent its intended use. Returns of products of appropriate quality are accepted if the product has not been used, retains its marketable condition, consumer properties, seals, and labels, and if the original receipt issued to the Buyer is provided. The product must be packed in its original, undamaged packaging.

7.2. Partial redemption of the order is not allowed. The Buyer must either redeem the entire order or refuse it before making payment for the product in the order.

7.3. In the case of defects, the Buyer is required to document them in a free-form act. The act must be signed by the Buyer and a representative of the carrier or Seller. Within 1 (one) day of signing the act, the Buyer must inform the manager (Seller’s representative responsible for processing the order) about the identified defects and agree on a product replacement.

7.4. To process a refund due to contract termination (product return), the Buyer must provide the Seller with documents confirming payment (purchase) of the returned product.

7.5. Refunds for returned products are made exclusively via non-cash methods: from the Seller’s current account to the Buyer’s current account in the national currency of Ukraine, held at a Ukrainian-resident bank, including accounts linked to electronic payment means (e.g., a personal bank card). Refund details must be specified in the product return application. Cash refunds are not available.

7.6. Refunds to the Buyer are processed within 10 (ten) working days but no later than 30 (thirty) days from the date of receiving the Buyer’s notification of contract termination and the returned product. The Seller may inform the Buyer of the refund via email to the address provided in the Buyer’s personal account.

7.7. If the Buyer refuses a parcel, it is returned to the sender, i.e., the online store. The Buyer bears the cost of returning the parcel.

7.8. For returns of both appropriate and inappropriate quality products, the Buyer must use the same courier company that delivered the order, sending it to the store’s address from which the order was dispatched.

8. Rights and obligations of the parties

8.1. The Buyer is obligated to:

• familiarize themselves with product information provided on the Seller’s website;
• independently place an order on the website;
• timely pay for and collect the order from the Carrier as per this agreement’s terms;
• upon receiving the product from the carrier, verify its integrity and completeness by inspecting the package contents. If damages or incomplete contents are found, document them in an act signed by the Buyer and the carrier’s representative;
• notify the Seller of any delivery delays;
• refrain from actions that constitute a criminal, administrative, or civil offense under Ukrainian law.

8.2. The Buyer has the right to:

a) require the online store to comply with the terms of this agreement;

b) in case of detection of defects during the established warranty period, in the manner and within the time limits established by law, demand

• a proportional reduction in price;
• free elimination of defects in the Goods within a reasonable time;
• reimbursement of expenses for elimination of defects of the Goods.
• demand the replacement of the Goods with the same Goods or with similar ones from among those available to the Seller.

c) notify the Seller in writing of any claims related to the purchase of the Goods;

d) terminate the concluded Agreement by notifying the Seller within fourteen days from the date of receipt of the Goods at the branch of the Courier Company, if the Goods do not satisfy him/her in terms of shape, size, style, color, size or for other reasons cannot be used for their intended purpose;

e) other rights in accordance with applicable law and these Rules.

8.3. The Online Store is obligated to:

• comply with the terms of this agreement;
• notify Buyers of changes to these Terms by publishing the respective updates on the Website;
• deliver the goods to the Buyer in accordance with the selected sample displayed in the online store, the confirmed order, and the terms of this agreement;
• fulfill warranty obligations in compliance with the requirements of the Law of Ukraine “On Consumer Protection” and these Terms;
• accept inquiries, claims, complaints, and suggestions from Buyers and respond to them within the timeframe established by law;
• the online store is not responsible for, cannot act as a defendant in court, and does not compensate for any losses incurred by the Buyer due to the actions or inaction of third parties.

8.4. The Online Store has the right to:

a) make amendments to these Terms by publishing the changes on the Website;

b) adjust the assortment of Goods and modify their prices without prior agreement with the Buyer, except for Goods for which orders have already been accepted;

c) in the event of the inability to fulfill an order due to the unavailability of the ordered Goods, notify the Buyer within three (3) calendar days, but no later than thirty (30) days from the receipt of the order. The Seller may substitute unavailable Goods with others if:

• the other Product meets the purpose of using the ordered Product;
•  it is of the same or better quality;
• its price does not exceed the price of the ordered Goods. In this case, the Seller is obliged to agree on the replacement of the Goods with the
  and the acceptance of the Goods by the Buyer shall be deemed to be the latter’s consent to such replacement;

d) unilaterally suspend the provision of services under this Agreement if the Buyer violates its terms;

e) exercise other rights as provided by current legislation and these Terms.

9. Responsibility of the parties

9.1. The Parties are liable for failure to fulfill or improper fulfillment of the terms of this Agreement as prescribed by its provisions and applicable Ukrainian law.

9.2. The Buyer is solely responsible for the accuracy and timeliness of their payments. Amounts mistakenly transferred to third-party accounts by the Buyer will not be reimbursed by the Seller.

9.3. All disputes arising from or related to this Agreement will be resolved through negotiations between the Parties.

9.4. If negotiations fail to resolve a dispute, it will be settled in court according to the jurisdiction and competency rules of Ukrainian law.

9.5. In cases of force majeure, the Parties are released from their obligations under this Agreement. Force majeure refers to extraordinary, unforeseeable, and unavoidable events that objectively hinder the fulfillment of this Agreement and could not have been anticipated or prevented by reasonable measures.

9.6. A Party invoking force majeure must notify the other Party in writing, via email, within five (5) calendar days of the occurrence of such circumstances.

9.7. If the force majeure circumstances persist for more than five (5) months, either Party may unilaterally terminate this Agreement by notifying the other Party in writing.

10. Additional Provisions

10.1. The online store reserves the right to unilaterally amend this Agreement by publishing updates on the “begentleman.ua” website.

10.2. The online store is designed for the remote sale of goods over the Internet.

10.3. The online store is not liable for the accuracy or reliability of information provided by the Buyer when placing an order.

10.4. The Buyer is responsible for the accuracy of the information submitted when placing an order.

10.5. The Buyer’s payment for an order placed in the online store constitutes full acceptance of the terms of this purchase agreement and establishes the date of its conclusion.

10.6. Accessing the online store’s resources to view products or place orders is free of charge for the Buyer.

10.7. By accepting this Agreement or registering on the website “begentleman.ua” (by completing the registration form), the Buyer voluntarily consents to the collection and processing of their personal data in the Seller’s registered database “Counterparties” for the following purposes:
– to process orders for goods, provide order updates, and send promotional and special offers, information about discounts, contests, or any other updates about the store’s activities via telecommunications (email, phone).
The Seller has the right to send letters, notifications, and materials to the Buyer’s mailing address or email, as well as SMS messages and phone calls to the number provided during registration. The information provided by the Buyer is confidential.

10.8. If the Buyer changes their last name, first name, or middle name, they must notify the Seller within 20 calendar days of such changes by updating their account information in the “Personal Account” on the Website, but in any case, before placing an order.

10.9. If the Buyer does not wish to receive promotional materials, they may notify the Seller by submitting a written request to unsubscribe, sent to the Seller’s mailing or email address.

11. Duration of the Agreement

11.1. This Agreement becomes effective upon order placement or registration in the online store “begentleman.ua” and remains in force until all terms of the Agreement have been fulfilled.