PUBLIC OFFER AGREEMENT
(for distance sale of goods / provision of services)
1. General Provisions (for distance sale of goods / provision of services)
1.1. This Agreement is a public offer (an offer to enter into an agreement) made by the Seller/Service Provider to an unlimited number of persons and sets out the terms and conditions for the sale of goods / provision of services remotely via the website / social networks / messengers.
1.2. The acceptance (acceptance of the offer) by the Buyer/Customer is the performance of actions indicating acceptance of the terms of the Agreement: placing an order, confirming an order, payment (full/partial), clicking “Confirm/Agree”, and other actions defined by this Agreement.
1.3. From the moment of acceptance, the Agreement is deemed concluded in electronic form.
2. Terms and Definitions
2.1. Seller/Service Provider — [Sole Proprietor (FOP) Podgainyi Yevhen Mykolaiovych], code [EDRPOU 3181701374], address [15350 Tyutyunnitsa B. Khmelnitsky 86], e-mail [custommodsff@gmail.com], phone [+380995554955].
2.2. Buyer/Customer — an individual or legal entity that has accepted this offer.
2.3. Goods — products presented for ordering on the [website/page] at: [https://www.custom-mod.com/magazin].
2.4. Order — a duly completed request of the Buyer to purchase / manufacture / supply the Goods (or to provide Services).
3. Subject of the Agreement
3.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer (or provide the Services), and the Buyer undertakes to accept and pay for the Goods/Services under the terms of this Agreement.
3.2. The name, quantity, price, characteristics of the Goods / scope of Services are determined in the Order and/or invoice/order confirmation.
4. Order Placement and Conclusion of the Agreement
4.1. The Buyer places an Order via:
— a form on the website; or
— a message in [Telegram/Instagram/Facebook/Viber]; or
— e-mail.
4.2. To place an Order, the Buyer provides: full name/company name, contact phone, e-mail, delivery address, delivery/payment method, and other necessary information.
4.3. The Seller has the right to clarify the details of the Order (specifications, configuration, timelines).
4.4. The Seller may reject an Order in case of: lack of stock, inability to manufacture, incorrect data, suspicion of fraud, breach of payment terms, etc.
5. Price and Payment Procedure
5.1. Prices are indicated in [UAH/other currency according to the website rules] and may be changed by the Seller prior to acceptance.
5.2. Payment is made using one of the following methods:
— online payment [payment system];
— payment to account/IBAN: [UA633052990000026000050350800].
5.3. In case of individual/custom manufacturing: 100% prepayment is mandatory; after the Seller starts fulfilling the Order, cancellation may have consequences defined in Section 9.
6. Delivery / Provision of Services
6.1. Delivery is carried out via: [Nova Poshta/Ukrposhta/courier/pickup] under the terms specified in the Order.
6.2. Delivery/manufacturing time: approximately 60 days, unless otherwise agreed by the parties.
6.3. The risk of accidental damage/loss of the Goods passes to the Buyer from the moment the Goods are handed over to the carrier (unless otherwise provided by law or delivery terms).
6.4. Services are provided within the timeframe / according to the schedule on the website.
7. Acceptance of Goods (Inspection)
7.1. Upon receipt at the branch/from the courier, the Buyer must check: integrity of packaging, completeness, and absence of visible damage.
7.2. In case of damage/shortage, the Buyer must prepare a report/claim with the carrier and notify the Seller within [24/48] hours from receipt.
8. Rights and Obligations of the Parties
8.1. The Seller undertakes to:
a) provide accurate information about the Goods/Services, price, payment/delivery terms;
b) deliver Goods of proper quality and in the agreed configuration;
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c) process requests/claims of the Buyer within 5 business days;
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d) ensure protection of personal data in accordance with applicable law.
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8.2. The Seller has the right to:
a) change the terms of the offer (by publishing a new version on the website);
b) refuse to fulfill the Order in the cases provided for in clause 4.4;
c) involve third parties (carriers/contractors) to perform obligations.
8.3. The Buyer undertakes to:
a) provide correct data for placing the Order and delivery;
b) pay for the Order in the specified manner and within the specified time;
c) accept the Goods and inspect them upon receipt;
d) comply with the rules of operation/installation/storage.
8.4. The Buyer has the right to:
a) receive the Goods/Services in accordance with the Order;
b) request exchange/return/warranty service in the cases and in the manner provided by law and this Agreement;
c) contact the Seller with questions regarding the Order.
9. Return, Exchange, Order Cancellation
9.1. For consumers, the general rule applies: exchange/return of Goods of proper quality is possible within 14 days, not counting the day of purchase, provided that the товар’s appearance, consumer properties, packaging (if applicable), and documents confirming the purchase are preserved, taking into account the exceptions established by law.
9.2. Refunds are made within 14 days using the same payment method that was used for payment (unless otherwise agreed by the parties and not contrary to law).
9.3. Individual (custom) manufacturing/personalization: if the Goods are manufactured to individual parameters (dimensions, color, engraving, modifications, etc.), cancellation/return terms are determined separately:
— before manufacturing starts: return of the prepayment minus actual expenses [or 100%];
— after manufacturing starts: the prepayment is not refundable / or partially refundable (specify the rule).
9.4. Return shipping costs: [at the Buyer’s expense / at the Seller’s expense in case of defect].
9.5. Claim procedure: the Buyer sends a request to [email/messenger], indicating the order number, reason, photos/videos (if required).
10. Warranty and Quality
10.1. Warranty period: 12 months from the date of receipt (or other terms).
10.2. The warranty does not cover: mechanical damage, improper use, unauthorized modifications, violation of installation conditions, exposure to liquids/fire/overvoltage, etc.
10.3. If defects are found — procedure: claim submission, diagnostics, repair/replacement/refund.
11. Liability of the Parties
11.1. The parties are liable for non-performance/improper performance of obligations in accordance with applicable law and this Agreement.
11.2. The Seller is not liable for delivery delays caused by the carrier, force majeure, address errors, or actions/inaction of the Buyer.
11.3. The maximum liability of the Seller (if grounds exist) is limited to the amount paid for the relevant Order, unless otherwise provided by law.
12. Force Majeure
12.1. The parties are released from liability for non-performance of obligations due to force majeure circumstances (war, blockade, natural disasters, infrastructure outages, decisions of public authorities, etc.) for the period of such circumstances and their consequences.
12.2. The party affected by such circumstances shall notify the other party within 30 days.
13. Personal Data and Confidentiality
13.1. By providing data, the Buyer agrees to their processing for the purpose of performing this Agreement: order placement, delivery, accounting, communication.
13.2. The Seller may transfer data to third parties only to the extent necessary to fulfill the Order (carriers/payment providers).
14. Intellectual Property
14.1. All materials of the website/catalog (photos, texts, design) are objects of intellectual property and may not be used without the Seller’s written consent, except as permitted by law.
15. Dispute Resolution
15.1. Disputes are resolved through negotiations.
15.2. If no agreement is reached — in court, according to jurisdiction rules under the laws of Ukraine.
16. Term of the Agreement and Changes to Terms
16.1. The Agreement is effective from the moment of acceptance until full performance of obligations.
16.2. The Seller has the right to change the terms of the offer; the new version takes effect from the moment of publication at [https://www.custom-mod.com/publicoffer], but as a rule does not apply to Orders accepted before such publication.
17. Seller’s Details
Seller: [Sole Proprietor (FOP) Podgainyi Yevhen Mykolaiovych]
Code: [EDRPOU 3181701374]
Address: [15350 Tyutyunnitsa B. Khmelnitsky 86]
IBAN: [UA633052990000026000050350800]
Bank: [JSC CB “PRIVATBANK”]
E-mail: [custommodsff@gmail.com]
Phone: [+380995554955]
Website/page: [https://www.custom-mod.com/]