Public Offer Agreement of the moonfull.eu Online Store for the Sale of Goods
This Agreement constitutes an official and public offer by the Seller to enter into a sale and purchase agreement for Goods presented on the website https://moonfull.eu/.
This Agreement is public. 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 or sole proprietor — without giving preference to any Buyer over another.
By entering into this Agreement, the Buyer fully accepts the terms and conditions regarding order placement, payment for Goods, delivery, returns, liability for improper orders, and all other provisions of this Agreement.
The Agreement shall be deemed concluded from the moment the Buyer clicks the “Confirm Order” button on the checkout page in the “Cart” section and receives an electronic order confirmation from the Seller.
1. Definitions
1.1. Public Offer (hereinafter referred to as the “Offer”) means a public proposal by the Seller addressed to an indefinite number of persons to enter into a distance sale and purchase agreement with the Seller (hereinafter referred to as the “Agreement”) under the terms set out in this Offer.
1.2. Goods or Services means the subject matter of the transaction between the Parties selected by the Buyer on the Online Store website and added to the shopping cart or already purchased by the Buyer from the Seller remotely.
1.3. Online Store means the Seller’s website available at https://moonfull.eu/, created for entering into retail and wholesale sale and purchase agreements based on the Buyer’s review of the Goods offered by the Seller via the Internet.
1.4. Buyer means a legally capable individual aged 18 or older who receives information from the Seller and places an order for Goods presented on the Online Store website for purposes unrelated to business activities, as well as a legal entity or sole proprietor.
1.5. Seller means Sole Proprietor Miroshkin Volodymyr Mykolaiovych, Tax ID 2431509115, carrying out business activities in accordance with the applicable legislation of Ukraine.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods in accordance with the terms of this Agreement.
2.2. The date on which the Offer Agreement is concluded (acceptance of the Offer), as well as the moment when the Buyer fully and unconditionally accepts the terms of the Agreement, shall be the date on which the Buyer completes the order form on the Online Store website, provided that the Buyer receives an electronic order confirmation from the Seller.
If necessary, and at the Buyer’s request, the Agreement may be concluded in writing.
3. Placing an Order
3.1. The Buyer independently places an order in the Online Store using the “Cart” form, by email, or by calling the telephone number specified in the contact section of the Online Store.
3.2. The Seller has the right to refuse to fulfill an order if the information provided by the Buyer when placing the order is incomplete or gives reasonable grounds to doubt its accuracy.
3.3. When placing an order on the Online Store website, the Buyer shall provide the following information required by the Seller to fulfill the order:
- 3.3.1. the Buyer’s first and last name;
- 3.3.2. the delivery address, where home delivery is requested;
- 3.3.3. a contact telephone number;
- 3.3.4. an identification or registration number for a legal entity or sole proprietor.
3.4. The name, quantity, SKU and price of the Goods selected by the Buyer are displayed in the Buyer’s shopping cart on the Online Store website.
3.5. If either Party requires additional information, it may request such information from the other Party. If the Buyer fails to provide the required information, the Seller shall not be responsible for any inability to properly fulfill the order.
3.6. When placing an order through the Seller’s representative in accordance with Clause 3.1 of this Offer, the Buyer shall provide the information specified in Clauses 3.3–3.4 of this Offer.
3.7. The Buyer accepts the terms of this Offer by entering the required information into the relevant form on the Online Store website or by placing an Order through the Seller’s representative. When an Order is placed through the Seller’s representative, the Buyer’s data may be entered into the Seller’s database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.9. By entering into the Agreement, namely by accepting the terms of this Offer through placing an Order, the Buyer confirms that:
- the Buyer has fully read and agrees to the terms of this Offer;
- the Buyer consents to the collection, processing and transfer of personal data in accordance with this Agreement and the applicable legislation of Ukraine.
Consent to the processing of personal data shall remain valid throughout the term of the Agreement and, after its termination, in the cases and for the periods provided for by the applicable legislation of Ukraine.
By entering into the Agreement, the Buyer confirms that they have been informed of the rights established by the Law of Ukraine “On Personal Data Protection”, the purposes for which the data is collected, and the fact that the Buyer’s personal data is provided to the Seller for the purpose of fulfilling this Agreement, processing payments, and preparing invoices, acts and other necessary documents.
The Buyer also agrees that the Seller may provide access to and transfer the Buyer’s personal data to third parties where this is necessary to fulfill the Buyer’s order or where such transfer is required by the applicable legislation of Ukraine.
4. Price and Delivery of Goods
4.1. Prices for Goods and services are determined by the Seller independently and are displayed on the Online Store website. All prices for Goods and services are stated in Ukrainian hryvnias.
4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of an individual item that has already been paid for in full by the Buyer may not be changed by the Seller unilaterally.
4.3. The price of the Goods displayed on the Online Store website does not include delivery costs. The Buyer pays delivery charges in accordance with the current rates of the selected delivery service or carrier.
4.4. The price of the Goods displayed on the Online Store website does not include courier or address delivery costs unless otherwise stated on the website.
4.5. The Seller may provide the Buyer with an estimated delivery cost when the order is placed or upon the Buyer’s request.
4.6. The Buyer’s payment obligation shall be deemed fulfilled once the funds have been credited to the Seller’s account.
4.7. Payments between the Seller and the Buyer for the Goods shall be made using the payment methods specified on the Online Store website in the “Payment and Delivery” section.
4.8. Upon receipt of the Goods, the Buyer should, in the presence of a representative of the delivery service or carrier, verify that the Goods correspond to the order and check their quantity, completeness and external condition.
4.9. Upon accepting the Goods, the Buyer or the Buyer’s representative confirms, by accepting the shipment or by making the relevant acknowledgement in the carrier’s documents, that there are no claims regarding the quantity, appearance or completeness of the Goods unless such issues were recorded at the time of delivery.
4.10. Ownership of the Goods and the risk of accidental loss of or damage to the Goods shall pass to the Buyer or the Buyer’s representative in accordance with the applicable delivery terms and the legislation of Ukraine.
5. Rights and Obligations of the Parties
5.1. The Seller shall:
5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s Order.
5.1.2. Not disclose the Buyer’s private information or provide third parties with access to such information, except where permitted by law or where necessary to fulfill the Buyer’s Order.
5.2. The Seller has the right to:
5.2.1. Amend the terms of this Agreement and the prices of Goods and services unilaterally by publishing the relevant information on the Online Store website. Such amendments shall take effect from the moment they are published unless otherwise stated.
5.3. The Buyer shall:
5.3.1. Review the contents and terms of this Agreement and the prices offered by the Seller on the Online Store website before entering into the Agreement.
5.3.2. Provide all information necessary and sufficient for the Seller to properly process and deliver the ordered Goods.
6. Returns
6.1. The Buyer has the right to return non-food Goods of proper quality to the Seller if the Goods do not meet the Buyer’s requirements in terms of shape, dimensions, style, color, size, or for other reasons cannot be used for their intended purpose.
The Buyer has the right to return Goods of proper quality within 14 (fourteen) days, excluding the day of purchase.
Goods of proper quality may be returned provided that they have not been used and their original appearance, consumer properties, packaging, seals, labels and proof of purchase have been preserved.
The list of Goods that are not subject to return on the grounds specified in this Clause shall be determined by the applicable legislation of Ukraine.
6.2. Refunds for Goods of proper quality shall be made in accordance with the requirements of the applicable legislation of Ukraine after the Seller has received the returned Goods and verified compliance with the applicable return conditions.
6.3. The cost of the Goods shall be refunded by bank transfer to the Buyer’s account or by another method depending on the original payment method and the requirements of applicable law.
6.4. Costs associated with returning Goods of proper quality to the Seller shall be borne by the Buyer unless otherwise provided by the legislation of Ukraine.
6.5. If defects in the Goods are discovered during the applicable warranty period, the Buyer has the right, in accordance with the procedure and time limits established by Ukrainian law, to submit claims to the Seller as provided by consumer protection legislation.
Where the Buyer requests free correction of defects, the applicable time limits shall be calculated in accordance with the requirements of the legislation of Ukraine.
6.6. The Seller shall consider the Buyer’s claims subject to the Buyer providing the documents and information required by applicable law.
The Seller shall not be responsible for defects that arise after the Goods have been transferred to the Buyer as a result of improper use or storage, actions of third parties, or force majeure circumstances.
6.7. The Buyer may not return Goods of proper quality that have individually defined characteristics and can be used exclusively by the Buyer who purchased them, in cases provided for by the applicable legislation of Ukraine.
Such characteristics may include, in particular, non-standard dimensions, specifications, appearance, configuration or other parameters manufactured or modified according to the Buyer’s individual order.
6.8. Returns of Goods in cases provided for by law and this Agreement shall be made in accordance with the information specified on the Online Store website in the “Contacts” section or on the relevant returns information page.
7. Liability
7.1. The Seller shall not be liable for damage caused to the Buyer or third parties as a result of improper installation, use or storage of Goods purchased from the Seller.
7.2. The Seller shall not be liable for improper or delayed fulfillment of an Order or other obligations where the Buyer has provided inaccurate, incomplete or incorrect information.
7.3. The Seller and the Buyer shall be responsible for the performance of their obligations in accordance with the applicable legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer shall be released from liability for the complete or partial failure to perform their obligations if such failure results from force majeure circumstances, including war or military hostilities, earthquakes, floods, fires or other extraordinary circumstances arising independently of the will of the Parties after this Agreement has been entered into.
The Party unable to fulfill its obligations due to such circumstances shall inform the other Party accordingly.
8. Privacy and Personal Data Protection
8.1. By providing personal data on the Online Store website during registration or when placing an Order, the Buyer gives the Seller consent to process and use such data in accordance with the Law of Ukraine “On Personal Data Protection” and other applicable legislation of Ukraine.
8.2. The Seller undertakes not to disclose information received from the Buyer, except where disclosure to contractors or third parties is necessary for the fulfillment of the Buyer’s Order or is required by the applicable legislation of Ukraine.
8.3. The Buyer is responsible for keeping their personal information up to date.
The Seller shall not be responsible for improper performance or inability to perform its obligations due to outdated, incomplete or inaccurate information provided by the Buyer.
9. Other Terms
9.1. This Agreement is entered into in the territory of Ukraine and shall be governed by the applicable legislation of Ukraine.
9.2. Any disputes arising between the Buyer and the Seller shall initially be resolved through negotiations.
If the Parties are unable to resolve a dispute through negotiations, the Buyer and/or the Seller may refer the dispute to the competent authorities or courts in accordance with the applicable legislation of Ukraine.
9.3. The Seller has the right to amend this Agreement in accordance with Clause 5.2.1 of this Agreement.
The Agreement may also be amended by mutual agreement of the Parties in accordance with the procedure established by the applicable legislation of Ukraine.
10. Seller Details
Sole Proprietor Miroshkin Volodymyr Mykolaiovych
Tax ID / Registration Number: 2431509115
IBAN: UA163052990000026001050236570
Bank: JSC CB «PrivatBank»
Bank Code: 305299