Public Offer Agreement
Please read the text of this Public Offer Agreement, hereinafter referred to as the “Agreement.” If you do not agree with any of its clauses or do not understand any clause of the Agreement, we suggest you refrain from purchasing the goods or clarify the information you are interested in by calling +38 093 990 18 12 or by sending an email to: noothername.ua@gmail.com.
In the event of accepting the terms of the Agreement, you agree to all its conditions and confirm that you understand all its provisions. This agreement has the nature of a public offer, is the equivalent of an “oral agreement,” and, in accordance with the current legislation of Ukraine, has proper legal force.
Definition of Terms
- Website – a website located on the Internet at:
https://www.non.com.ua, including all its web pages. - Product/Goods – items, images, and/or descriptions of which are placed on the Website.
- Public Offer – a public offer of the Seller directed to an indefinite circle of persons regarding the conclusion of a purchase and sale agreement for Goods under the conditions specified by the Seller.
- User/Buyer – a person viewing information on the Website and/or ordering, and/or receiving, and/or reserving Goods using the technical tools of the Website.
- Recipient – the Buyer or a person who, on behalf of the Buyer, actually receives the Goods delivered by the Seller’s own forces or by a Carrier Company.
- Order – a User’s request, properly executed and placed via the Website, for the purchase of selected Goods.
- Acceptance – the User’s performance of actions aimed at accepting the terms of this Public Offer.
- Registration – the User’s filling out of the relevant form on the Website, indicating the data necessary for identification.
- Personal Account – a page on the Website containing the order history of the User/Buyer made via the Website and personal information provided during Registration. The User/Buyer’s personal account may also contain other information necessary for identification and ordering, the scope of which is determined by the Seller independently.
- Substantial Defect of the Goods – a defect that makes it impossible or inadmissible to use the goods in accordance with their intended purpose, arose through the fault of the manufacturer (seller, performer), reappears after its elimination for reasons independent of the consumer, and at the same time possesses at least one of the following attributes:
a) it cannot be eliminated at all;
b) its elimination requires more than fourteen calendar days;
c) it makes the product substantially different from what is provided for in the agreement.
1. General Provisions
1.1. This Agreement is a public offer agreement (in accordance with Articles 633, 641, and Chapter 54 of the Civil Code of Ukraine); its terms are the same for all Users/Buyers regardless of status (individual, legal entity, individual entrepreneur).
1.2. In case of acceptance of the terms of this Agreement, i.e., the Seller’s Public Offer, the User becomes the Buyer.
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 Agreement applies to all types of Goods and services presented on the Website.
3. Registration on the Website
3.1. Registration on the Website is carried out at: https://www.non.com.ua.
3.2. Registration on the Website is not mandatory for placing an Order.
3.3. Communication between the User/Buyer and the Seller’s representatives should be based on the principles of generally accepted morality and communication etiquette. The use of obscene words, profanity, offensive expressions, as well as threats and blackmail, is strictly prohibited, regardless of the form and to whom they were addressed.
4. Order Procedure
4.1. The presented photo samples contain one or more types of Goods of a certain article number and text information about the article, available sizes, price per unit of Goods, and more.
4.2. Information posted on the website https://www.non.com.ua is for informational purposes only.
4.3. The User/Buyer must independently place an Order for any Product available for ordering on the Website.
4.4. In the absence of the ordered Goods, the Seller has the right to exclude the specified Product from the Order/cancel the User/Buyer’s Order, notifying the User/Buyer via the communication means left by the User/Buyer during registration or when placing the Order.
4.5. The User/Buyer has the right to cancel the Order by calling +38 093 990 18 12 or by writing an email to: noothername.ua@gmail.com.
4.6. In case of cancellation of a fully or partially prepaid Order, the cost of the canceled Product is returned by the Seller to the Buyer in the same way the Product was paid for.
4.7. After placing an Order, information about the order and delivery method is provided via email. A manager clarifies the details, delivery method, and date, which depends on the availability of the Goods and the time required for processing.
4.8. The expected delivery date is communicated to the Buyer by the manager via email or during a follow-up call.
5. Price and Payment Procedure
5.1. The price of each individual Product is determined by the Seller and indicated on the Website. The Order price is determined by adding the prices of all included Goods and the delivery price.
5.2. The Agreement price equals the Order price. The Order amount may change depending on the price, quantity, or nomenclature of the Goods.
5.3. Ordering Goods means forming an Order and/or its payment by cash or non-cash funds, whichever comes first, provided this Agreement is Accepted.
5.4. The Buyer chooses the payment method: cash or non-cash settlement.
5.5. Cash payment is made at the retail store specified at the time of the Order or at the moment of Goods transfer.
5.6. Non-cash payment is made by transferring funds to the Seller’s account or via electronic payment means.
5.7. With partial payment, the Goods are considered paid on the day the full amount is received.
5.8. Payment is made exclusively in Hryvnia (UAH).
5.9. The Order is considered paid upon receipt of funds in the Seller’s account. Fact of payment confirms acceptance of this Agreement.
5.10. Prices on the Website may be changed unilaterally by the Seller, but prices for already ordered Goods remain unchanged.
5.11. Goods are not reserved until funds are credited to the Seller’s account.
6. Delivery of Goods
6.1. Delivery is performed by the Seller or Carrier Companies across Ukraine at the Buyer’s expense, or via self-pickup from the store.
6.2. Total delivery time includes processing (1-3 business days) and carrier shipping time.
6.3. Documents required by law are provided upon delivery.
6.4. The Recipient must check the Goods for quantity, quality, assortment, and completeness upon receipt.
6.5. By accepting this Offer, the Buyer agrees to the Carrier Companies’ Rules of Carriage.
6.6. Risk of accidental loss or damage passes to the Recipient upon signing the delivery documents.
7. Return of Goods
7.1. Return of proper quality Goods:
7.1.1. Performed in accordance with the Law of Ukraine “On Protection of Consumer Rights.”
7.1.2. The Buyer may return Goods within 14 days if the merchantable appearance, consumer properties, packaging, labels, and payment document are preserved.
7.1.3. Shipping costs for returning proper quality Goods are paid by the Buyer.
7.2. Return of improper quality Goods:
7.2.1. In case of a substantial defect, the Seller returns the funds upon receipt of the returned Goods and covers the shipping costs.
8. Rights and Obligations of the Seller
8.1. The Seller may unilaterally suspend sales/delivery for violations of the Offer, change prices (except for confirmed orders), and modify the Offer terms by posting a new version on the Website.
8.2. The Seller undertakes to fulfill confirmed Orders, check Goods quality before shipping, and protect personal data.
9. Rights and Obligations of the User/Buyer
9.1. The Buyer may choose Goods, place Orders, and demand fulfillment of this Offer.
9.2. The Buyer undertakes to read the Offer terms and product descriptions before ordering, provide accurate delivery data, and inspect Goods upon receipt.
10. Term of the Agreement and Liability
10.1. The Agreement is effective from the moment of Ordering/Registration until all conditions are fulfilled.
10.2. Parties are liable according to Ukrainian law. The Seller is not responsible for communication network failures, minor color discrepancies due to monitor settings, or incorrect data provided by the Buyer.
10.3. Disputes are resolved through negotiations or in Ukrainian courts.
11. Force Majeure
11.1. Parties are exempt from liability for violations caused by documented force majeure events (fire, flood, war, strike, etc.).
11.2. The affected party must promptly notify the other party. Confirmation must be provided by the Chamber of Commerce and Industry of Ukraine.
12. Collection and Processing of Personal Data
12.1. Acceptance constitutes consent to data processing per the Law “On Protection of Personal Data.”
12.2. Data is used for order processing, identification, and marketing (with an opt-out option).
12.3. Personal data may be updated or deleted in the “Personal Account.”
13. Other Conditions
13.1. Relations are governed by Ukrainian law.
13.2. Users do not acquire intellectual property rights to the Seller’s logos or trademarks.
13.3. The Seller may record Hot Line calls for quality purposes.
13.4. If any provision is found invalid, the remaining parts of the Agreement remain in force.