Offer agreement

This Agreement (hereinafter referred to as the “Agreement”) is an official and public offer (offer) of the Seller specified in the Agreement to conclude a contract of sale of goods presented on the Seller’s website, which is located on the Internet at the following address: isolar.com.ua.

The Agreement is a public agreement (offer), and therefore, in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over others. By entering into the Agreement, the Buyer fully accepts the terms and conditions and the procedure for placing an order for the goods, paying for the goods, delivering the goods, returning the goods and all other terms of the Agreement.

The Agreement shall be deemed concluded from the moment the buyer clicks the “Confirm Order” button in the “Cart” section of the seller’s website located on the Internet at the address indicated above and the buyer receives an order confirmation from the seller in electronic form.

Pursuant to Article 634 of the Civil Code of Ukraine, the Agreement is a contract of adhesion, so the buyer may not propose its own terms and conditions to the Agreement.

1.1. Public Offer (hereinafter referred to as the “Offer”) is a public offer of the Seller addressed to an indefinite number of persons to conclude the Agreement with the Seller on the terms and conditions contained in the Offer.

1.2. Goods – the object of the Agreement, which was selected by the Buyer on the website of the online store and placed in the basket, or already purchased by the Buyer from the Seller remotely.

1.3. Online Store – the Seller’s website on the Internet, located at the following address: isolar.com.ua, created for the conclusion of contracts for the retail and wholesale sale of the Goods based on the results of the Buyer’s familiarization with the description of the Goods offered by the Seller, using the Internet.

1.4. The Buyer is a legally capable individual who has reached the age of 18 and, on the basis of the information received from the Seller, has placed an order for the purchase of the Goods presented in the Online Store for purposes not related to the conduct of entrepreneurial activity, as well as a legal entity or an individual entrepreneur.

1.5. The Seller is AISOLAR LIMITED LIABILITY COMPANY (identification code in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations: 43970230), a legal entity established and operating in accordance with the current legislation of Ukraine; location: 29000, Ukraine, Khmelnytskyi region, Khmelnytskyi city, 17/1, Leznivska str.

2.1. The Seller shall transfer the Goods to the Buyer’s ownership, and the Buyer shall pay for and accept the Goods on the terms and conditions specified in the Agreement.

2.2. The date of conclusion of the Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the date of filling out the order form by the Buyer located on the page of the online store, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement may be concluded in writing – by exchanging original copies of the Agreement executed on paper.

3.1. The Buyer shall place an order on the Online Store page through the “Shopping Cart” form, or by placing an order by e-mail or by calling the phone number indicated in the contact section of the Online Store.

3.2. The Seller shall have the right to refuse to sell the Goods to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicion about their reliability.

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

3.4. The name, quantity, article and price of the Goods selected by the Buyer are indicated in the Buyer’s basket on the page of the Online Store.

3.5. If either party to the Agreement requires additional information, such party shall have the right to request it from the other party to the Agreement. In case of failure to provide the necessary information by the Buyer, the Seller shall not be responsible for providing the Buyer with a quality service for the purchase of the Goods.

3.6. When placing an order using the telephone operator of the online store, the Buyer undertakes to provide the information specified in clause 3.1 of the Agreement.

3.7. Approval by the Buyer of this Offer (conclusion of the Agreement) is carried out by the Buyer entering the relevant data in the registration form posted on the page of the Online Store or when placing an Order through the telephone operator of the Online Store. After the conclusion of the Agreement, information about the Buyer is entered into the Seller’s database.

3.8. The Buyer is responsible for the accuracy of the information provided to the Seller when placing an order.

3.9. By concluding the Agreement, i.e. accepting the terms of the Offer (the proposed terms of purchase of the Goods), by placing an order, the Buyer confirms the following:
a) The Buyer is fully familiarized, understands and agrees to the terms of the Agreement;
b) The Buyer authorizes 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 entering into the Agreement, the Buyer confirms that he is informed of the rights established by the Law of Ukraine “On Personal Data Protection”, the purposes of data collection, and that his personal data is transferred to the Seller in order to fulfill the terms of the Agreement;
c) The Buyer 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 Buyer in order to fulfill the terms of the Agreement. The scope of the Buyer’s rights as a subject of personal data, as defined by the Law of Ukraine “On Personal Data Protection”, is known and understood by him.

4.1. The price of the Goods is determined by the Seller independently and is indicated on the page of the Online Store. All prices for the Goods are indicated on the page of the Online Store in UAH.

4.2. The price of the Goods may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of the Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.

4.3. The cost of the Goods indicated on the page of the Online Store does not include the cost of delivery of the Goods to the Buyer. The Buyer shall pay the cost of delivery of the Goods in accordance with the current tariffs of the courier delivery service (carrier) chosen by him directly to such delivery service (carrier).

4.4. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer’s address when the Buyer addresses the Seller with a request by sending an e-mail or when placing an order through the telephone operator of the online store.

4.5. The Buyer’s obligations to pay for the Goods shall be considered fulfilled from the moment the funds are received to the Seller’s bank account, the payment details of which are indicated on the page of the Online Store.

4.6. Settlements between the Seller and the Buyer for the Goods shall be made in the manner specified on the Online Store page, in the “Payment and Delivery” section.

4.7. Upon receipt of the Goods, the Buyer shall, in the presence of a representative of the courier delivery service (carrier), check the compliance of the Goods with its qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life) specified on the page of the Online Store.

4.8. Upon receipt of the Goods, the Buyer (the Buyer’s authorized representative) confirms with his/her signature in the sales receipt / consignment note for the delivery of the Goods that he/she has no claims to the quantity of the Goods, their appearance, completeness of the Goods.

4.9. The ownership of the Goods and the risk of accidental loss or damage to the Goods shall be transferred to the Buyer from the moment the Seller transfers the Goods to the courier delivery service (carrier) chosen by the Buyer or upon receipt of the Goods by the Buyer from the Seller (if the Goods are received by the Buyer directly).

5.1. The seller is obliged to:

5.1.1. Transfer the Goods to the Buyer in accordance with the terms and conditions specified in the Agreement and the Buyer’s order.

5.1.2. Not to disclose any confidential information about the Buyer and not to provide access to this information to third parties, except for the need to fulfill the terms of the Agreement, as well as in cases provided for by the current legislation of Ukraine.

5.2. The seller has the right to:

5.2.1. To change the terms of the Agreement, as well as the price of the Goods unilaterally by posting them on the page of the Online Store. All such changes shall come into force from the moment they are published on the page of the Online Store.

5.2.2. Pursuant to the provisions of Article 528 of the Civil Code of Ukraine, to assign the performance of the Agreement to another (third) party, while remaining liable to the Buyer for non-performance or improper performance of the Agreement by such third party.

5.3. The Buyer undertakes:

5.3.1. Prior to concluding the Agreement, familiarize yourself with the content of the Agreement and the prices offered by the Seller on the page of the Online Store.

5.3.2. Provide the Seller with the information provided for in the Agreement necessary for its execution.

5.3.3. To accept the fulfillment of the obligation under the Agreement offered for the Seller by a third party in the case specified in clause 5.2.2. of the Agreement.

6.1. The Buyer shall have the right to return to the Seller non-food products of good quality if the Goods do not satisfy him/her in terms of shape, dimensions, color, size or for other reasons cannot be used for their intended purpose. The Buyer has the right to return the Goods of good quality within 14 (fourteen) days, excluding the day of purchase.
The Goods of good quality shall be returned if they have not been used and if their presentation, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer upon payment for the Goods are preserved. The list of goods that are not subject to return is approved by the Cabinet of Ministers of Ukraine.

6.2. The Seller shall refund to the Buyer the cost of the Goods of good quality within 30 (thirty) calendar days from the date of receipt of such Goods from the Buyer, provided that the latter complies with the requirements provided for in clause 6.1. of the Agreement and the current legislation of Ukraine.

6.3. The cost of the Goods shall be refunded to the Buyer by the Seller by making a non-cash transfer of funds to the Buyer’s bank account, according to the payment details specified by the latter.

6.4. The return of the Goods of good quality to the Seller’s address shall be made at the Buyer’s expense and shall not be subject to reimbursement by the Seller.

6.5. If the Buyer discovers defects in the Goods within the warranty period established for the Goods, the Buyer shall have the right to make claims to the Seller in accordance with the procedure and within the time limits established by the legislation of Ukraine, as provided for by the Law of Ukraine “On Protection of Consumer Rights”. When making claims for free elimination of defects, the period for their elimination shall be calculated from the date of receipt of the Goods by the Seller from the Buyer.

6.6. The Seller shall consider the Buyer’s claims regarding the Goods of inadequate quality provided for by the Law of Ukraine “On Protection of Consumer Rights”, provided that the Buyer provides the documents provided for by the current legislation of Ukraine. The Seller shall not be liable for defects in the Goods that arose after their transfer to the Buyer, as a result of the Buyer’s violation of the rules of operation (use) or storage of the Goods, actions of third parties or force majeure.

6.7. The Buyer shall not be entitled to refuse the Goods of good quality, which have individually determined properties, as a result of which the Goods can be used exclusively by the Buyer (including non-standard sizes, individual characteristics, a certain appearance, configuration, etc.) The proof of the individually determined properties of the Goods is the difference in the size and other characteristics of the Goods from those indicated on the page of the Online Store.

6.8. In cases provided for by the applicable law and the terms of the Agreement, the Goods shall be returned by the Buyer to the address to be determined by the Seller in the notice sent to the Buyer.

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

7.2. The Seller shall not be liable for improper, untimely fulfillment of the Buyer’s order if the latter provides incomplete or inaccurate information stipulated by the Agreement and necessary for its fulfillment.

7.3. The Seller and the Buyer shall be responsible for fulfilling their obligations under the Agreement in accordance with the terms of the Agreement and the current legislation of Ukraine.

7.4. The Seller or the Buyer shall be released from liability for full or partial failure to fulfill their obligations under the Agreement, if such failure is the result of force majeure (earthquakes, floods, etc.) or other obstacles beyond their control (military actions, or strikes, civil unrest, etc.), which even a diligent party to the Agreement could not prevent and which arose after the conclusion of the Agreement (force majeure).

The force majeure circumstances specified in this clause of the Agreement shall not include, in particular, the facts of deterioration of the economic situation in the country or region, cases of non-fulfillment of obligations towards any of the parties to the Agreement by its counterparties, amendments to tax legislation, etc., military operations, if the party to the Agreement is not located in the territory of such military operations.

8.1. By submitting his/her personal data on the Online Store page when placing an order, the Buyer gives the Seller his/her consent to the processing, use (including transfer) of his/her personal data, as well as to perform other actions in relation to such personal data provided for by the Law of Ukraine “On Personal Data Protection”, without limiting the validity of such consent.

8.2. The Seller undertakes not to disclose the personal data received from the Buyer, except as provided for in the Agreement, including the transfer of information by the Seller to its counterparties, other third parties for the fulfillment of the obligations under the Agreement, as well as in cases where the disclosure of such information is required by the requirements of the current legislation of Ukraine.

8.3. The Buyer is responsible for keeping his personal data up to date. The Seller shall not be liable for improper fulfillment of obligations under the Agreement if this is caused by the Buyer’s change of personal data or inconsistency with their reality.

8.4. The Seller undertakes, in accordance with the requirements of the legislation of Ukraine in the field of personal data protection, to ensure proper protection of the Buyer’s personal data from unlawful processing, as well as from unlawful access to them, including taking the necessary measures to prevent the disclosure of personal data by employees and/or other authorized persons of the Seller to whom such personal data was entrusted or which became known to them in connection with the performance of their duties under the Agreement.

9.1. The Agreement was concluded in Ukraine and in accordance with the applicable laws of Ukraine.

9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach an agreement on the disputed issue, the dispute shall be resolved in court in accordance with the established jurisdiction and jurisdiction of such dispute in accordance with the requirements of the current legislation of Ukraine.

9.3. The Seller has the right to unilaterally amend this Agreement in the cases provided for in clause 5.2.1. of the Agreement. In addition, amendments to the Agreement may be made by mutual agreement of the parties to the Agreement in the manner prescribed by the current legislation of Ukraine.

9.4. The Buyer confirms that prior to entering into the Agreement, he/she has read the contents of the Return Policy and the Confidentiality Agreement posted on the Online Store page and fully agrees with the information provided therein.

Full name: AYSOLAR LIMITED LIABILITY COMPANY
Short name: AYSOLAR LLC
Legal address: 17/1 Leznivska St., Khmelnytskyi (z), 29000, Ukraine, 29000, Khmelnytskyi (z)
Postal address: Branch No. 1, Nova Poshta, Khmelnytskyi
EDRPOU code: 3434012099
Banking details:
UA043052990000026006036011275 PJSC “PRIVATBANK”, Khmelnytskyi