PUBLIC AGREEMENT (OFFER) for ordering, purchase, sale, and delivery of goods
This Agreement is an official public offer by Sevita Group (hereinafter referred to as the "Seller") to conclude an agreement for the purchase and sale of Goods presented on the website https://sevita-group.com.ua/ . This Agreement is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, sole proprietor) without granting preference to one buyer over another.
By concluding this Agreement, the Buyer fully accepts the terms and conditions regarding order placement, payment, delivery, return of goods, liability, and all other conditions of the Agreement.
The Agreement is considered concluded from the moment the Buyer confirms the order via telephone, messengers (Viber, WhatsApp, Telegram), or email, and receives an invoice for payment or confirmation of shipment from the Seller.
1. Definition of Terms
1.1. Public Offer (hereinafter — the "Offer") — a public proposal by the Seller, addressed to an indefinite circle of persons, to conclude a distance contract for the purchase and sale of goods (hereinafter — the "Agreement") on the terms contained in this Offer. 1.2. Goods — planting material (vegetable seeds, greens, etc.), information about which is available in price lists and on the Online Store website. 1.3. Online Store — the Seller's website at https://sevita-group.com.ua/ , created to familiarize the Buyer with the assortment, characteristics of the Goods, and terms of cooperation. 1.4. Buyer — a capable individual who has reached the age of 18, or a legal entity or sole proprietor who applies to the Seller to purchase Goods.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement. 2.2. The date of conclusion of the Agreement (acceptance of the offer) is considered the date of order agreement with the Seller's manager (verbally or in writing) and/or payment of the issued invoice by the Buyer.
3. Order Placement
3.1. Since there is no automatic order processing system ("Shopping Cart") on the website, the Buyer places an order by:
Calling the phone numbers listed on the website;
Sending a message via messengers (Viber, WhatsApp, Telegram);
Sending an email to the Seller's email address. 3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer during the order placement is incomplete, or if the ordered Goods are out of stock. 3.3. When placing an order, the Buyer undertakes to provide the following information: 3.3.1. Surname, Name of the Buyer (or name of the legal entity); 3.3.2. Contact phone number; 3.3.3. Delivery address (city, carrier branch number, or address for courier delivery); 3.3.4. For legal entities and Sole Proprietors — details for invoicing and registration of tax/delivery notes. 3.4. The name, quantity, article, and price of the Goods selected by the Buyer are agreed upon with the manager and recorded in the delivery note or invoice. 3.5. The Buyer is responsible for the accuracy of the information provided when placing the Order.
4. Price and Delivery of Goods
4.1. Prices for Goods are indicated in the national currency (Ukrainian Hryvnia). Current prices are contained in the price list, which the Buyer can download on the website, or are clarified with the manager. 4.2. Prices for Goods may be changed by the Seller unilaterally depending on market conditions. However, the price of a separate unit of Goods, the cost of which has been paid by the Buyer in full, cannot be changed. 4.3. The shipping cost is not included in the price of the Goods. Delivery is carried out by transport companies (Nova Poshta, Ukrposhta, Meest Poshta) and is paid by the Buyer according to the tariffs of the chosen carrier upon receipt. 4.4. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment funds are credited to the Seller's current account or cash is handed over to the carrier's representative (in case of Cash on Delivery). 4.5. Upon receipt of the goods, the Buyer is obliged to check the integrity of the packaging, the conformity of the Goods to the order, and the absence of damage in the presence of the delivery service representative. 4.6. The right of ownership and the risk of accidental loss or damage to the Goods passes to the Buyer from the moment the Goods are handed over by the carrier to the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller is obliged to: 5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement. 5.1.2. Provide the Buyer with the necessary accompanying documents (delivery note, invoice, quality certificates upon request). 5.2. The Seller has the right to: 5.2.1. Change the terms of this Agreement and prices for Goods unilaterally by posting them on the website. 5.3. The Buyer undertakes to: 5.3.1. Timely pay for and receive the order under the terms of this Agreement. 5.3.2. Verify the integrity of the goods upon receipt.
6. Return of Goods
6.1. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, not counting the day of purchase, provided that the goods have not been used, their marketable condition, consumer properties, integrity of the original packaging, seals, labels, and the settlement document are preserved. 6.2. Important: According to Annex No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994, No. 172, certain types of goods of proper quality are not subject to exchange (return). However, the Seller reserves the right to consider each case individually, striving to resolve the issue in favor of the client. 6.3. Refunds are made within 14 working days from the moment the Seller receives the returned Goods. 6.4. Shipping costs for the return of Goods of proper quality are borne by the Buyer.
7. Liability
7.1. The Seller is not responsible for improper use or storage of the Goods by the Buyer. 7.2. The Seller guarantees the compliance of the planting material with state quality standards (DSTU) and the manufacturer's declared characteristics. However, the Seller does not bear responsibility for the harvest, as it depends on many factors beyond the Seller's control (weather conditions, soil preparation, adherence to agricultural techniques by the Buyer, etc.). 7.3. The Parties are released from liability for non-fulfillment of obligations in the event of force majeure circumstances (war, natural disasters, etc.).
8. Confidentiality and Personal Data Protection
8.1. By placing an order (by phone or in writing), the Buyer consents to the collection and processing of their personal data for the purpose of fulfilling the terms of this Agreement, making mutual settlements, and receiving the goods. 8.2. The Seller undertakes not to transfer the Buyer's data to third parties, except for delivery services for order fulfillment and cases provided for by law.
9. Other Conditions
9.1. This Agreement is concluded in the territory of Ukraine and operates in accordance with the current legislation of Ukraine. 9.2. All disputes are resolved through negotiations. If an agreement is not reached, the dispute is resolved in court. 9.3. The Seller has the right to make changes to this Agreement without prior notice to the Buyer. The current version of the Agreement is always available on the website.