PUBLIC CONTRACT (OFFER)
for order, purchase and sale, delivery and installation of products
Dear user of the website prana.ua (hereinafter referred to as the Buyer), we draw your attention to the fact that placing an order for Goods on this website constitutes your acceptance of all the terms of this public offer.
This contract is in the nature of a public offer and in the event of its acceptance by the Buyer, it acquires the characteristics of a «written agreement» and, in accordance with the current legislation of Ukraine, has the appropriate legal force.
1.1. Public contract for the purchase and sale of goods (hereinafter referred to as the «Contract») – a contract in which the Seller undertakes to sell the Goods to each legally competent natural and legal person who applies to him (Buyer).
1.2. Seller/Manufacturer – Limited Liability Partnership «PRANA PLATINUM», which is the author and manufacturer of effective ventilation and air conditioning systems /ventilation and climate equipment/, and places information on the website about the Products it produces and sells.
1.3. The Buyer is a legally competent natural or legal person who orders, uses or intends to purchase or order the Goods on the official website of the Seller.
1.4. An offer is a proposition by the Seller to a legally competent individual or legal entity regarding the conclusion of this Agreement. The seller has the right at any time to unilaterally change the conditions of this public offer for the conclusion of a contract of sale, delivery, or provision of services (installation, delivery).
1.5. Acceptance – giving full and unconditional consent by an individual and/or a legal entity to the conclusion of this Agreement on the terms and conditions set forth in this Agreement.
1.6. Order – the Buyer’s request for the purchase of the products chosen by him, properly executed and placed with the help of the Site.
1.7. Product – products, assortment, price and characteristics of which are indicated on the Seller’s website or by consulting a consultant. Information about the product can be updated, changed and supplemented by the Seller at any time without prior notice to the Buyer.
1.8. Delivery of Goods/receipt of services – actions of the Party to the Agreement, which lead to the arrival of goods and receipt of services at the place of receipt of goods/services.
1.9. The place of delivery of Goods/receipt of Services is the address at which the delivery of goods/provision of services is carried out by the Party under this Agreement.
1.10. Acceptance-handover of Goods/Services – actions of the Parties to this Agreement, which lead to the actual transfer of the Goods, the provision of Services by one Party to the Agreement to another, and is confirmed by the Act of acceptance-handover, a tax invoice issued in accordance with current legislation, an expense or goods-transport invoice, in the case confirmation of acceptance of goods, check, receipt, etc.
1.11. Party (Parties) under the Agreement – Seller, Buyer, Executor, Customer, taking into account the content of the terms of the Agreement.
1.12. The site is the official website of the manufacturer PRANA, located on the Internet at https://prana.ua/, including all its web pages.
1.13. Office – premises located at the address indicated on the manufacturer’s official website.
All other terms that are not separately defined in this Agreement are understood and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, customs of business turnover, as well as the purpose and subject of this Agreement.
2.1. Confirmation of the Buyer’s acceptance of the conditions of this public offer for the conclusion of a contract of sale, delivery or provision of services is the real fact of ordering, purchasing or installing the Manufacturer’s Goods.
2.2. The acceptance by the Buyer confirms that the Buyer has received all the necessary, available, reliable and timely information about the Goods chosen by him in full and in a proper manner in accordance with the requirements of Article 15 of the Law of Ukraine «On the Protection of Consumer Rights», which fully ensured the possibility of conscious and competent selection of this Product, has familiarized himself with and agrees with the content of this Agreement, the registration data of the Seller, the procedure for accepting claims, the characteristics of the product, the price of the product, the conditions for payment of the price of the Product, the conditions for the delivery of the Product and payment for the cost of such delivery, the conditions for the provision of Installation Services and warranty obligations regarding the Goods, the procedure for terminating this Agreement.
2.3. The acceptance by the Buyer confirms that the Buyer unconditionally and fully accepts all the terms of this Agreement without exceptions, and also enters into the relevant contractual legal relationship with the Seller.
2.4. The Buyer’s acceptance confirms that the Buyer has been notified by the Seller of his location and working hours in a convenient and accessible way, in accordance with the requirements of part 2 of Article 13 of the Law of Ukraine «On the Protection of Consumer Rights»; main characteristics and consumer properties of the Goods chosen by the Buyer; the cost of the Product selected by the Buyer, the cost of its delivery to the Buyer; information about the possibility of providing installation services, the cost of installation; method, procedure and conditions of payment and delivery of the Goods selected by the Buyer; warranty obligations of the Seller and other services related to the maintenance or repair of the Goods selected by the Buyer (if available); the warranty period and the service life of the Product selected by the Buyer, the mandatory conditions of use of the Product and the possible consequences in case of non-fulfillment; the procedure for accepting claims; the period of acceptance of the proposal (offer) regarding the conclusion of this public contract; procedure for terminating this Agreement; other conditions on which the Goods are offered for sale.
2.5. The Seller has the right to unilaterally refuse to perform this Agreement if the Goods ordered by the Buyer are not available at the time of the order, provided that the Buyer is notified within a period of no more than three working days from the date of placing the order. The specified actions of the Seller are not a violation of the terms of this Agreement and do not entail any responsibility for him. In this case, the amount actually paid for the Goods is credited to the Buyer’s next Order (at his request) or returned to the Buyer in full.
SUBJECT OF THE CONTRACT
3.1. The Order of the Goods is carried out by the Buyer through the Operator on the phone indicated on the Site, through the Site service, or through the contacts indicated on the pages in social networks.
3.2. The subject of this Agreement is the Product posted on the website at the link https://prana.ua/product-categories/
3.3. The parties under this Agreement confirm that the order, payment, and acceptance of the Goods/Services are confirmation of the conclusion of this Agreement.
3.4. By concluding this Agreement, the Buyer confirms that he is familiar with the information and agrees with it on the conditions of purchase, delivery, installation and their cost, as well as with the information about the Product itself, namely, regarding its purpose, effectiveness, shape, dimensions, appearance, design , color, size, its quality, characteristics of the material from which the product is made, guarantees, repairs, etc.
3.5. Terms, conditions of delivery and provision of installation services are determined by the Parties when concluding the main contract, or at the request of the Buyer, in telephone mode, if there is such an opportunity. The Product is not reserved until the Buyer’s funds are credited to the Seller’s current account.
3.6. Ownership of the goods passes from the Seller to the Buyer from the moment of acceptance of such goods by the Buyer. The risk of accidental spoilage or loss of the Goods sold passes from the Seller to the Buyer together with the emergence of the latter’s ownership of such Goods, and in the case of ordering delivery by the Buyer’s carriers or by mail – the risk passes from the moment of handover of the Goods to shipment.
3.7. Delivery of the Goods is carried out at the choice of the Buyer:
– by delivery services on the territory of Ukraine (hereinafter referred to as the «Carrier Company») to the place specified by the Buyer during the placing of the Order; at the same time, the cost of the carrier’s services is paid by the Seller, and in the case of ordering accessories, the cost of delivery is paid by the Buyer.
– from the warehouse with subsequent pickup of the Goods by the Buyer; at the same time, the Seller does not bear the costs of such delivery.
– by means and capabilities of the Seller, with prior agreement of the delivery cost between the Buyer and the Seller.
3.7. The parties established that the Seller has the right to independently determine the carrier of the Goods, which delivers the goods to the Buyer, without the Buyer’s consent.
3.8. In the event that the goods were not accepted (exported) by the Buyer within the established period of delivery of the goods, the Seller has the right to dispose of such Goods at his own discretion.
3.9. When receiving and handing over the Goods, the Buyer is obliged to check the assortment, the quantity of the delivered goods for compliance with the Buyer’s order, as well as the completeness of the goods and the presence of visible defects in the goods, since this is the moment of transfer of ownership of the Goods.
TERMS AND PROCEDURE OF CALCULATIONS
4.1. The terms and procedure of settlements are agreed by the Parties in each specific case, by concluding a contract or paying the invoice issued by the Seller.
RIGHTS AND DUTIES
5.1. Responsibilities of the Seller/Executor:
5.1.1. Deliver the goods to the Buyer or provide Services in compliance with the terms of this Agreement;
5.2. Rights of the Seller/Performer:
5.2.1. Depending on the market situation, at any time, at the discretion of the Seller, review and change the price of the Goods offered for sale on the Site;
5.2.2. To conduct discounts, sales and offer promotional offers that provide a temporary opportunity to purchase the Product on more favorable terms than usual.
5.3. Obligations of the Buyer/Customer:
5.3.1. Before concluding this Agreement, carefully familiarize yourself with its content and terms, as well as the cost of the offered Goods/Services, the methods and procedure of their payment;
5.3.2. Carry out or ensure acceptance of the Goods/Services from the Seller/Contractor or carrier in compliance with the terms of this Agreement;
5.3.3. Pay for the Goods/Services in the order and terms specified by the Parties;
5.4. Rights of the Buyer/Customer:
5.4.1. Require the Seller to transfer the goods in accordance with the terms of this Agreement;
5.4.2. To demand from the Seller the fulfillment and observance of the terms of this Agreement, which are directly provided for by the terms of this Agreement or follow from the terms of this Agreement, properly and within the established terms;
5.4.3. Refuse to conclude this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;
5.4.4. To exercise other rights stipulated by this Agreement and the norms of the current legislation of Ukraine.
RESPONSIBILITY OF THE CONTRACT PARTIES AND DISPUTE CONSIDERATION AND SETTLEMENT PROCEDURE
6.1. The Seller’s liability for changes in the conditions of sale of the goods is limited to the right of the Buyer to refuse the purchase of the goods and to demand the return of the funds paid for them (if they were paid in part or in full).
6.2. The Parties under this Agreement have agreed that any disputes that may arise between the Parties during the validity of this Agreement can be resolved by oral agreements or by presenting a corresponding claim set forth in writing by one Party under this Agreement to the other Party under this Agreement form or in any other way provided for by the terms of this Agreement.
6.3. Consideration of claims is carried out within 14 (fourteen) calendar days from the date of receipt of such a claim by the Party to whose address such claim was sent, unless otherwise established by the terms of this Agreement.
6.4. In the event that the Parties do not reach an agreement regarding the dispute, such disputes and disagreements are resolved in accordance with the current legislation of Ukraine.
6.5. The Seller is released from responsibility for full or partial non-fulfillment of its obligations under this Agreement, if such non-fulfillment was the result of force majeure.
7.1. This Agreement enters into force from the moment the Seller/Executor approves the Buyer/Customer’s order and is valid until the Parties fully fulfill their obligations under the terms of this Agreement.
CHANGE OF THE TERMS OF THE AGREEMENT AND ITS TERMINATION
8.1. The terms of this Agreement may be changed or supplemented by the Parties only upon mutual agreement of the Parties.
8.2. In case of termination of this Agreement at the initiative of the Seller/Executor, the second one is obliged to return to the Buyer/Customer the funds paid by him (if they were paid). In case of termination of this Agreement at the initiative of the Buyer/Customer, the Seller is obliged to return the payments made by the Buyer/Customer, except in cases of damage to the goods due to the fault of the Buyer. Whether the use of the goods by the Buyer.
8.3. In the event of the invalidity of any of the provisions of the contract, all other provisions remain in force and the offer continues to apply.
PROCEDURE FOR RETURN OR REPLACEMENT OF GOODS OF INADEQUATE QUALITY
9.1. The return of the Goods is carried out in accordance with the current legislation of Ukraine, i.e. within 14 days from the moment the Buyer receives the order and upon fulfillment of the following conditions and in accordance with Article 9 of the Law of Ukraine «On the Protection of Consumer Rights»:
– the product has not been used and the product appearance has been preserved;
– not damaged;
– an existing document confirming the purchase/provision of services.
9.2. When the Buyer returns the Goods of proper quality, the Seller returns to him the amount of money paid for the goods, with the exception of the costs of its delivery, if they are available.
9.3. If, during the inspection of the goods returned by the Buyer, signs of use and damage are detected, which will make it impossible to resell the goods – the Seller will draw up a «goods inspection report», describe the defects/damages and send it back to the Buyer together with the goods, for which the funds will not be returned to the buyer
9.4. Replacement/exchange/goods are carried out in accordance with the current legislation of Ukraine, i.e. within 14 days from the moment the Buyer receives the Goods, provided that there is only a manufacturing defect that was not caused by the Buyer (the Seller may refuse to exchange/return if the Buyer caused damage not due to the fault of the manufacturer).
9.5. Goods of inadequate quality are understood as Goods with manufacturing defects that arose through no fault of the Buyer within 14 days from the moment of receipt of the product by the Buyer, namely:
– defective hardware;
– defects in the seams, which can affect the inability to fully use the product.
9.6. The procedure for replacing products is carried out as agreed by the Parties.
WARRANTY REPAIR PROCEDURE
10.1. The start date of the warranty service is the date indicated in the warranty card.
10.2. Product quality guarantee applies to:
– manufacturing defects;
– non-mechanical breakdowns that arose through no fault of the Buyer.
10.3. The warranty period is two years.
10.4. The warranty ceases to be valid if the Buyer interfered with the internal system of the products or carried out repairs on his own.
10.5. Delivery during warranty service is paid as follows:
1) delivery from the Buyer to the Seller: at the expense of the Seller;
2) delivery from the Seller to the Buyer: at the expense of the Buyer.
OTHER TERMS OF THE AGREEMENT
11.1. The Agreement is binding for the Parties to this Agreement.
11.2. The parties have established that invalidating this Agreement in any of its separate parts is not a basis for invalidating this Agreement in its entirety.
11.3. By concluding this Agreement, the Buyer gives the Seller consent to the processing and storage, transfer to third parties of his personal data for the purpose of implementing relations that arise between the Parties on the basis of this Agreement, in order to ensure the implementation of administrative and legal relations, tax relations, relations in the field of accounting , relations in the field of advertising, collection of personal data for commercial purposes, relations in the field of statistics in accordance with the current legislation of Ukraine. The Seller has the right to post on the Site information about advertising events and marketing activities that are or will be conducted by the Seller and/or third party partners of the Seller and to send e-mails/text messages with information about news, advertising to the e-mail address/phone number of the Buyer events, marketing activities, other commercial offers of the Seller;
11.4. By entering into this Agreement, the Buyer confirms that he has been informed of his rights, including the provisions of the Law of Ukraine «On the Protection of Personal Data» and the Law of Ukraine «On the Protection of Consumer Rights».
11.5. The site administration is not obliged to notify the user of changes to the provisions of the public contract, and the moment of notification coincides with the publication of such an updated public contract on the site.
11.6. The parties guarantee that at the time of entering into this Agreement, they are empowered and have the right to enter into this Agreement.
11.7. The buyer agrees to receive letters and/or messages, including those of an advertising nature, to the e-mail address and mobile phone number specified in the Order and Specifications.
11.8. On all issues not stipulated by the terms of this Agreement, the Parties are governed by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER
PRANA PLATINUM Limited Liability Partnership
Legal address: Ukraine, 79005,
Lviv, st. Dudayeva, bldg. 19 sq. 1.
Post office: Ukraine, 79041, Lviv,
St. Kulparkivska 59, building 42, office 407
EDRPOU code 38142321
Extract from the register of VAT payers 1513044500263