PUBLIC OFFER AGREEMENT
This Agreement is made between LLC “Kyiv Ventilator Plant” (hereinafter the “Supplier”) and the user of the website’s services (hereinafter the “Customer”). It constitutes a commission contract for ordering, purchasing, and delivering Goods, and sets forth the main terms and conditions for ordering, purchasing, and delivering goods via the website ventilator.ua By acting for the purpose of purchasing the Goods, the Buyer accepts the terms of this Supply Agreement (hereinafter the “Agreement”) on the following conditions.
1. DEFINITIONS
1.1. Public Offer (hereinafter the “Offer”) is the public proposal of the Supplier, addressed to an indefinite circle of persons, to conclude a distance supply contract (hereinafter the “Agreement”) with the Supplier on the terms contained in this Offer, including all Annexes.
1.2. Order is the Customer’s decision to order goods and their delivery, executed on the online resource and/or as an instruction to purchase and deliver goods.
2. GENERAL PROVISIONS
2.1. The information set forth below is the official proposal (Offer) of the online resource ventilator.ua to any legal or natural person (hereinafter the “Buyer”) to conclude a supply contract. This contract is public, meaning—pursuant to Article 633 of the Civil Code of Ukraine—its terms are identical for all Buyers.
2.2. Pursuant to Article 642 of the Civil Code of Ukraine, the Buyer’s full and unconditional acceptance of the terms of this Offer, which confirms conclusion of the supply Agreement on the terms offered below, is the fact of placing and confirming an Order.
2.3. By placing an Order, the Buyer confirms his agreement with and unconditional acceptance of the terms of this Offer.
2.4. By concluding this Agreement—i.e., by accepting the terms of this Offer through placing an Order—the Buyer confirms:
– that he has fully read and agrees to the terms of this Offer;
– that he grants permission for collection, processing, and transfer of personal data under the conditions specified below in the “Disclaimer on Collection, Processing and Transfer of Personal Data.” This permission remains valid throughout the term of the Agreement and indefinitely thereafter;
– that he has been informed (without additional notice) of his rights under the Law of Ukraine “On Protection of Personal Data,” of the purposes of data collection, and that his personal data will be transferred to the Supplier to enable performance of this Agreement, mutual settlements, and issuance of invoices, waybills, acts, and other documents. The Buyer also agrees that the Supplier may grant access to and transfer his personal data to third parties without further notice to the Buyer, without changing the purpose of processing. The Buyer’s rights as a data subject under the Law of Ukraine “On Protection of Personal Data” are known and understood by him.
3. PRICE OF GOODS
3.1. The price for each item of Goods is indicated on the website ventilator.ua
3.2. The Supplier has the right to unilaterally change the price of any item of Goods.
3.3. If the price of an ordered item changes, the Supplier shall inform the Buyer of such change.
3.4. The Buyer may confirm or cancel the Order if the price is changed by the Supplier after the Order is placed.
3.5. The Supplier shall not change the price of Goods already paid for by the Buyer.
3.6. The cost of delivery is indicated on the website https://ventilator.uwork.com.ua or is communicated to the Buyer by the Supplier’s sales manager when placing the Order by phone.
3.7. The Buyer’s obligation to pay for the Goods is considered fulfilled when the funds are received by the Supplier.
3.8. Payments between the Supplier and the Buyer for the Goods are made by the methods specified on the website ventilator.ua under “Payment” in the “Contacts” section.
4. ORDER PROCESSING
4.1. The Customer places an Order through the Supplier’s sales manager by phone at +38 (044) 383-27-33, +38 (067) 948-88-87, +38 (050) 888-93-83, +38 (063) 995-99-09, or via the online ordering service on the website ventilator.ua
4.2. When registering on the Supplier’s site ventilator.ua, the Customer undertakes to provide the following information:
4.2.1. Last name and first name of the Buyer or his authorized recipient;
4.2.2. Name of the legal entity (if applicable);
4.2.3. Delivery address;
4.2.4. Chosen transport service;
4.2.5. Email address;
4.2.6. Contact telephone number.
4.3. The name, quantity, price, and list of special configurations of the Goods selected by the Buyer are specified in the invoice sent by the Supplier to the Buyer via email, messengers, or other online document exchange tools.
4.4. If additional information is required, the Supplier may request it from the Buyer. If the Buyer fails to provide necessary information, the Supplier is not responsible for the quality of service in purchasing Goods.
4.5. When placing an Order by phone through the Supplier’s sales manager (clause 4.1), the Buyer must provide the information specified in clause 4.2 of this Offer.
4.6. The Buyer’s acceptance of the Offer is effected by entering the required data in the registration form on https://ventilator.uwork.com.ua or by placing an Order through the sales manager. After placing the Order, the Buyer’s data are registered in the Supplier’s database.
4.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
4.8. The distance supply contract between the Supplier and the Buyer is deemed concluded from the moment the Order is electronically placed on the website or from the moment the Supplier issues an invoice or other document confirming payment for the Goods.
5. DELIVERY AND TRANSFER OF GOODS TO THE BUYER
5.1. Delivery methods, procedures, and terms are specified on the website ventilator.ua under “Delivery” in the “Contacts” section. Delivery conditions are agreed with the sales manager at the time of Order placement.
5.2. Self-pickup:
5.2.1. Once the request is formed, the Buyer may pay for and collect the Goods at the address provided by the Supplier via phone, SMS, email, or Viber.
5.2.2. Ownership and the risk of accidental loss or damage pass to the Customer or his Representative upon signing the delivery note by both Parties and/or issuing a consignment note confirming actual handover of the Goods to the carrier companies (Nova Poshta, Delivery, SAT, etc.).
5.3. Delivery is carried out by the Supplier’s personnel in accordance with the delivery terms, or with involvement of carriers.
5.4. Upon receipt, the Customer must, in the presence of the courier’s representative, verify the Goods’ compliance with quality and quantity specifications, name, quantity, completeness, and shelf life.
5.5. By signing the delivery note and/or consignment note, the Customer or his Representative confirms no claims regarding quantity, appearance, or completeness of the Goods.
6. RETURN OF GOODS
6.1. The Customer, as an individual, may refuse the Goods at any time before handover, except as provided in clause 6.3, and after handover—in accordance with the Law of Ukraine “On Protection of Consumer Rights.”
6.2. Return of Goods of proper quality within 14 days of receipt is possible if the Goods retain their commercial appearance, consumer properties, and the document confirming purchase and order terms.
6.3. The Customer may not refuse Goods of proper quality made to an individual order, with individually specified properties and non-standard characteristics or dimensions at the Customer’s request, if they can only be used by the purchasing Consumer. Confirmation of individual properties is the deviation in size or other characteristics indicated on ventilator.ua
6.4. Returns under law and this Agreement are carried out at the address provided by the Supplier in each specific case.
6.5. If the Customer refuses Goods of proper quality, the Supplier refunds the cost of the Goods, minus the Supplier’s delivery expenses.
6.6. Refunds as per clause 6.5 are made within 10 business days after the Supplier receives the returned Goods.
6.7. All refund conditions for payments made to the Supplier’s account by legal entities via non-cash payment (with VAT) are set forth in the individual supply contract between the Parties.
7. LIABILITY OF THE PARTIES
7.1. The Supplier is not liable for damage caused to the Buyer by improper use of Goods pre-ordered on ventilator.ua and purchased from the Supplier.
7.2. The Supplier is not liable for improper or untimely fulfillment of Orders and obligations if the Buyer provides inaccurate or false information.
7.3. The Supplier and the Buyer are responsible for fulfilling their obligations under Ukrainian law and this Agreement.
7.4. The Supplier or the Buyer is released from liability for full or partial non-performance caused by force majeure—such as war, military actions, earthquakes, floods, fires, or other natural disasters beyond their control—after conclusion of this Agreement. The affected Party must promptly notify the other Party.
8. ADDRESS AND DETAILS OF LLC “KYIV VENTILATOR PLANT”
Address of production facilities: 07403, Ukraine, Kyiv Region, Brovary, Pidpryiemnytska St., 6
EDRPOU Code: 45120563
Bank details: IBAN UA943052990000026002045023225 at JSC “PrivatBank,” MFI 305299
Tax Identification Number: 451205626507