PUBLIC AGREEMENT (OFFER)

This Agreement is a public contract — a public offer agreement — meaning that, according to Articles 633, 634, 641, and 642 of the Civil Code of Ukraine, its terms are identical for all buyers, regardless of their status (individual, legal entity, or sole proprietor).
Publication of this Agreement on the website “spline.shop” constitutes an offer to conclude a purchase–sale agreement under the terms set out below.
By fully accepting this Agreement, the Buyer agrees to the terms and procedures for placing orders, paying for goods, and receiving delivery.

This Agreement is concluded between the online store “spline.shop” (hereinafter referred to as the “Seller”) and any legal entity, sole proprietor, or individual — a user of the online store services — hereinafter referred to as the “Buyer.”
The Agreement contains all essential terms governing the organization of remote sales (i.e., via the Internet store).

The terms of this Agreement regulate the relationship between the Seller and the Buyer and are governed by the Law of Ukraine “On Protection of Consumer Rights” No. 1023-XII dated May 12, 1991, and by the Rules for Retail Trade in Non-Food Products, approved by Order of the Ministry of Economy of Ukraine No. 104 dated April 19, 2007.

This document constitutes a public offer agreement, equivalent to an “oral agreement,” and has full legal force in accordance with the current legislation of Ukraine.

1. General Provisions

1.1. This Agreement is a public offer (pursuant to Articles 633, 641, and Chapter 63 of the Civil Code of Ukraine) and contains all essential conditions for organizing remote purchase–sale transactions via the online store.

1.2. In accordance with Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of this public offer shall be deemed to occur when the Buyer clicks on the link “Place Order,” “Submit Order,” or “Buy in 1 Click” and subsequently pays 100 % of the order amount under the terms of this Agreement.

1.3. The public offer is also considered accepted when the Buyer registers on the online store’s website.

1.4. By concluding this Agreement, the Buyer confirms that they have read, understood, and agreed to its terms. If the Buyer is an individual, they also grant consent to the processing of their personal data for the purpose of fulfilling the conditions of this Agreement, performing mutual settlements, and receiving invoices, acts, and other documents.
Such consent is valid throughout the duration of the Agreement. The Buyer has been informed of their rights under the Law of Ukraine “On Personal Data Protection” and acknowledges that the purpose and scope of data processing are known and clear to them.

2. Terms and Definitions

2.1. Online store — the Seller’s website (“spline.shop”), created to conclude retail and wholesale purchase–sale agreements based on the Buyer’s review of the Seller’s product descriptions via the Internet, excluding direct physical inspection of the goods.

2.2. Goods — the range of items presented in the online store.

2.3. Personal data — any information that directly or indirectly relates to an identified or identifiable individual.

2.4. Significant defect of goods — a defect that makes it impossible or unacceptable to use the goods as intended, occurs due to the manufacturer’s (Seller’s) fault, reappears after correction, and possesses at least one of the following characteristics:
a) cannot be eliminated;
b) requires more than 14 calendar days to correct;
c) renders the goods substantially different from those provided for in the contract.

3. Subject of the Agreement

3.1. The online store 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.

3.2. The Agreement governs purchase–sale relations in the online store, including:
a) voluntary selection of goods by the Buyer;
b) independent placement of orders through the website;
c) payment for the order;
d) fulfillment and transfer of the goods to the Buyer in accordance with this Agreement.

4. Order Placement Procedure

The Buyer independently places an order online in the store or via telephone using the contact details listed on the website.

5. Price and Payment Procedure

5.1. The full price of the goods is indicated on the Seller’s website pages.
5.2. Prices may change depending on market conditions and are updated on the website. After payment, the Seller may not alter the price for that Buyer.
5.3. Payment is made as a 100 % prepayment within 2 business days by bank transfer to the Seller’s current account, including via Internet banking.

6. Delivery

6.1. Shipment of goods is carried out after the Seller receives 100 % payment.
6.2. Delivery and returns are carried out by the Seller or a transport company at the Buyer’s expense.
6.3. Delivery costs are determined by the carrier’s applicable tariffs.
6.4. For wholesale orders, delivery terms and methods are agreed upon separately.
6.5. The Seller is not responsible for delivery times, as they depend on third parties (carriers).
6.6. The Buyer pays delivery costs directly to the carrier upon receipt.

7. Return of Goods of Proper Quality

7.1. The Buyer has the right to exchange goods of proper quality for similar ones if the item does not suit them in shape, size, color, style, or for other reasons cannot be used as intended, provided that:
a) the goods are returned to the Seller within 14 days of purchase;
b) the goods have not been used, show no signs of use, and retain their marketable appearance, packaging, seals, and labels;
c) the goods are undamaged and fully functional;
d) full completeness is maintained;
e) a purchase receipt or invoice is presented.

7.1.1. These conditions do not apply to goods listed in the List of Non-Returnable Goods of Proper Quality, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994.

7.2. If the goods do not meet the conditions above, the Seller may refuse to exchange them.
7.3. Transportation expenses related to the exchange are borne by the Buyer.
7.4. Upon exchange, the warranty period is renewed.
7.5. If a similar item is unavailable, the Buyer may:
— choose another item with a price adjustment;
— terminate the Agreement and receive a refund;
— exchange the goods upon arrival of similar items in stock.

8. Rights and Obligations of the Parties

8.1. The Buyer shall:
— review product information on the website;
— place an order;
— timely pay for and receive the goods from the carrier;
— check the integrity and completeness of the package upon receipt.

8.2. The Buyer has the right to demand proper fulfillment of the Agreement by the Seller.

8.3. The Seller shall:
— comply with the terms of this Agreement;
— deliver the goods according to the order;
— bear responsibility within the limits prescribed by law.

8.4. The Seller has the right to suspend the provision of services in the event of a Buyer’s breach of this Agreement.

9. Acceptance of Goods

The Buyer must inspect the packaging and completeness of the goods upon receipt.
If damage is found, an act shall be drawn up and signed by both the Buyer and the carrier’s representative.
The Buyer must notify the Seller within 1 day of any defects.
Failure to follow this procedure constitutes acceptance of the goods in proper condition.
In case of significant defects discovered within the warranty period, the Buyer may demand a refund or replacement.
Refunds are made within 7 calendar days from the return of the goods.
If defective goods are replaced, delivery costs are borne by the Seller.

10. Liability of the Parties

The Parties are liable for non-performance or improper performance of their obligations in accordance with the legislation of Ukraine.
In the event of force majeure circumstances, the Parties are released from liability after notifying each other within 5 days.
If force majeure continues for more than 5 months, either Party may terminate the Agreement unilaterally.

11. Other Conditions

11.1. The Seller reserves the right to amend this Agreement by publishing the updated version on the website “spline.shop.”
11.2. The online store is established for remote sales of goods via the Internet.
11.3. The Seller is not responsible for the accuracy of data provided by the Buyer.
11.4. The Buyer is responsible for the accuracy of information entered when placing an order.
11.5. Payment for an order constitutes full acceptance of the terms of this offer and the date of conclusion of the purchase–sale Agreement.
11.6. Use of the website for browsing products and placing orders is free of charge for the Buyer.
11.7. Information provided by the Buyer is confidential and used solely for order processing and communication.
11.8. From the moment of accepting this Agreement or registering on the website, the Buyer consents to the processing of their personal data in the Seller’s “Counterparties” database for commercial purposes: order processing, notifications, offers, and marketing materials.
11.9. The Seller may process, store, update, and modify the Buyer’s personal data and is obliged to protect it from unauthorized access.
11.10. The Buyer has the right to unsubscribe from marketing communications by sending a written request to the Seller’s postal or email address.

12. Term of the Agreement

This Agreement enters into force on the date of order placement or registration on the website “spline.shop” and remains valid until all obligations of both Parties are fulfilled.
This Agreement is governed by the laws of Ukraine.