Public Offer

This agreement constitutes an official and public offer by the Seller to enter into a contract of sale for the Goods presented on the website https://suntime.in.ua/ This agreement is public; that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, or individual entrepreneur), without giving preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions regarding order placement, payment for goods, delivery of goods, returns, liability for fraudulent orders, and all other terms of the Agreement. The Agreement is deemed concluded upon clicking the «Confirm Order» button on the order placement page in the «Cart» section and the Buyer’s receipt of an electronic order confirmation from the Seller.

1. Definition of Terms

1.1. A public offer (hereinafter referred to as the «Offer») is a public proposal by the Seller, addressed to an unspecified group of persons, to enter into a contract with the Seller for the remote sale of goods (hereinafter referred to as the «Agreement») under the terms and conditions set forth in this Offer.

1.2. Goods or Services – the subject matter of the agreement between the parties, which was selected by the buyer on the online store’s website and added to the shopping cart, or has already been purchased by the buyer from the seller through a distance transaction.

1.3. The Seller’s website at suntime.in.ua is designed to facilitate the conclusion of retail and wholesale sales contracts based on the Buyer’s review of the Seller’s description of the Product via the Internet.

1.4. A Buyer is a legally competent individual who is at least 18 years of age, receives information from the Seller, places an order to purchase goods presented on the website for purposes not related to conducting business activities, or a legal entity or an individual entrepreneur.

1.5. Seller – Sole Proprietor.

2. Subject Matter of the Contract

2.1. The Seller agrees to transfer ownership of the Goods to the Buyer, and the Buyer agrees to pay for and accept the Goods in accordance with the terms of this Agreement.

2.2. The date of execution of the Offer Agreement (acceptance of the offer) and the moment of the Buyer’s full and unconditional acceptance of the terms of the Agreement shall be deemed to be the date on which the Buyer completes the order form located on the website, provided that the Buyer receives an electronic order confirmation from the Seller. If necessary, at the Buyer’s request, the Contract may be executed in writing.

3. Placing an Order

3.1. The customer places an order on their own using the «Shopping Cart» form, or by placing an order via email or by calling the phone number listed in the "Contact Us" section.

3.2. The Seller has the right to refuse to fulfill an order for the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts as to its validity.

3.3. When placing an order on the website, the Buyer agrees to provide the following required information necessary for the Seller to fulfill the order:

• 3.3.1. Buyer's last name and first name;
• 3.3.2. the address to which the Goods are to be delivered (if delivery is to the Buyer's address);
• 3.3.3. contact phone number.
• 3.3.4. Identification code for a legal entity or an individual entrepreneur.

3.4. The name, quantity, item number, and price of the Product selected by the Buyer are listed in the Buyer's shopping cart on the website.

3.5. If either Party to the contract requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller shall not be liable for providing quality service to the Buyer in connection with the purchase of the goods.

3.6. When placing an order through the Seller’s operator (Section 3.1 of this Offer), the Buyer agrees to provide the information specified in Sections 3.3–3.4 of this Offer.

3.7. The Buyer accepts the terms of this Offer by entering the relevant information into the registration form on the website or when placing an Order through an operator. After placing an Order through an operator, the Buyer’s information is 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 this Agreement—that is, by accepting the terms of this offer (the proposed terms for the purchase of the Goods)—through the submission of an Order, the Buyer confirms the following:

• a) The buyer is fully and completely familiar with, and agrees to, the terms of this offer;
• b) The Buyer grants consent to the collection, processing, and transfer of personal data; such consent to the processing of personal data remains in effect for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into this Agreement, the Buyer confirms that he has been informed (without the need for additional notice) of the rights established by the Law of Ukraine “On the Protection of Personal Data,” regarding the purposes of data collection, as well as the fact that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and receiving invoices, certificates, and other documents. The Buyer also agrees that the Seller has the right to grant access to and transfer the Buyer’s personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer’s order. The Buyer is aware of and understands the scope of his rights as a data subject under the Law of Ukraine “On the Protection of Personal Data.”.
• Product Price and Shipping

4.1. Prices for goods and services are set by the Seller independently and are listed on the website.

4.2. Prices for Goods and Services may be changed unilaterally by the Seller depending on market conditions. However, the price of an individual unit of a Good, the cost of which has been paid in full by the Buyer, may not be changed unilaterally by the Seller.

4.3. The price of the Product listed on the website does not include the cost of shipping the Product to the Buyer. The Buyer pays the cost of shipping the Product in accordance with the current rates of the delivery services (carriers) directly to the delivery service (carrier) of their choice.

4.4. The price of the Product listed on the website does not include the cost of shipping the Product to the Buyer's address.

4.5. The Seller may provide an estimated shipping cost for the Product to the Buyer’s address when the Buyer submits a corresponding request to the Seller by email or when placing an order through a customer service representative.

4.6. The Buyer’s obligation to pay for the Goods is considered fulfilled upon receipt of the funds by the Seller into its account.

4.7. Payments between the Seller and the Buyer for the Goods are made using the methods specified on the website in the «Payment and Shipping» section.

4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), verify that the goods comply with the specified quality and quantity requirements (product name, quantity, completeness, expiration date).

4.9. Upon acceptance of the Goods, the Buyer or the Buyer’s representative shall confirm by signing the sales receipt, the order, or the shipping invoice that there are no complaints regarding the quantity, appearance, or completeness of the Goods.

4.10. Title to the Goods and the risk of accidental loss or damage to the Goods shall pass to the Buyer or the Buyer’s Representative upon the Buyer’s receipt of the Goods at the delivery location, whether the Goods are delivered directly by the Seller or when the Seller transfers the Goods to the delivery service (carrier) selected by the Buyer.

5. Rights and Obligations of the Parties

5.1. The seller is required to:

• 5.1.1. To deliver the goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.
• 5.1.2. Not to disclose any private information about the Buyer or provide access to such information to third parties, except as required by law and when fulfilling the Buyer’s Order.

5.2. The seller has the right to:

• 5.2.1. To unilaterally amend the terms of this Agreement, as well as the prices of Goods and services, by posting them on the website. All changes take effect upon publication.

5.3. The buyer agrees to:

• 5.3.1. Before entering into the Agreement, please review the Agreement’s content, terms and conditions, and the prices offered by the Seller on the website.
• 5.3.2. In order for the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary information that uniquely identifies the Buyer and is sufficient to deliver the ordered Goods to the Buyer.
• Return of Goods

6.1. The buyer has the right to return non-food merchandise of satisfactory quality to the seller if the merchandise does not meet the buyer’s expectations in terms of shape, dimensions, style, color, or size, or if, for other reasons, the buyer cannot use it for its intended purpose. The buyer has the right to return goods of acceptable quality within 14 (fourteen) days, not including the day of purchase. A return of goods of acceptable quality is permitted provided that the goods have not been used and their marketable appearance, consumer properties, packaging, seals, and labels have been preserved, along with the receipt issued to the Buyer for payment of the goods. The list of goods that are not subject to return on the grounds specified in this paragraph is approved by the Cabinet of Ministers of Ukraine.

6.2. A refund of the cost of goods of acceptable quality to the Buyer shall be made within 30 (thirty) calendar days from the date the Seller receives such Goods, provided that the requirements set forth in Section 6.1 of the Agreement and applicable Ukrainian law are met.

6.3. The cost of the merchandise will be refunded via bank transfer to the Buyer's account.

6.4. The return of Goods of acceptable quality to the Seller's address shall be at the Buyer's expense, and the Seller shall not reimburse the Buyer for such return.

6.5. If defects in the Goods are discovered during the established warranty period, the Buyer personally, in accordance with the procedure and within the time limits established by Ukrainian law, has the right to make claims against the Seller as provided for by the Law of Ukraine «On the Protection of Consumer Rights.» When submitting claims for the free repair of defects, the period for their repair shall be calculated from the date the Seller takes possession of the Goods and gains physical access to them.

6.6. The Seller shall review claims under the Law of Ukraine «On Consumer Protection» provided that the Buyer submits the documents required by the current legislation of Ukraine. The Seller shall not be liable for defects in the Product that arose after its transfer to the Buyer as a result of the Buyer’s violation of the rules for use or storage of the Product, the actions of third parties, or force majeure.

6.7. The Buyer may not refuse to accept goods of proper quality that have individually defined characteristics if such goods can be used exclusively by the Buyer who purchased them (including, at the Buyer’s request, non-standard sizes, specifications, appearance, configuration, and so on). Evidence that the product has individually specified characteristics is the difference in the product’s dimensions and other specifications listed in the online store.

6.8. Returns, in cases provided for by law and this Agreement, shall be made to the address listed on the website under the «Contact Us» section.

7. Liability

7.1. The Seller shall not be liable for any damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Product purchased from the Seller.

7.2. The Seller shall not be liable for the improper or untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or false information.

7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the applicable laws of Ukraine and the provisions of this Agreement.

7.4. The Seller or Buyer shall be exempt from liability for the total or partial failure to perform their obligations if such failure results from force majeure circumstances such as: war or military hostilities, an earthquake, floods, fires, and other natural disasters that occurred beyond the control of the Seller and/or the Buyer after the conclusion of this contract. The Party unable to fulfill its obligations shall immediately notify the other Party thereof.

8. Confidentiality and Protection of Personal Data

8.1. By providing your personal data on the website during registration or when placing an Order, the Buyer voluntarily consents to the Seller’s processing and use (including transfer) of their personal data, as well as the performance of other actions provided for by the Law of Ukraine «On the Protection of Personal Data,» without any time limit on the validity of such consent.

8.2. The Seller agrees not to disclose any information received from the Buyer. It shall not be considered a breach for the Seller to provide information to counterparties and third parties acting under a contract with the Seller, including for the purpose of fulfilling obligations to the Buyer, as well as in cases where the disclosure of such information is required by the applicable laws of Ukraine.

8.3. The Buyer is responsible for keeping their personal information up to date. The Seller shall not be liable for any failure to perform or improper performance of its obligations due to the Buyer’s information being out of date or inaccurate.

9. Other Terms and Conditions

9.1. This agreement was entered into in Ukraine and is governed by the laws of Ukraine currently in force.

9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiation. If a resolution to the dispute cannot be reached through negotiations, the Buyer and/or the Seller have the right to seek resolution of the dispute through the courts in accordance with the applicable laws of Ukraine.

9.3. The Seller has the right to unilaterally amend this Agreement as provided for in Section 5.2.1 of the Agreement. In addition, amendments to the Agreement may also be made by mutual agreement of the Parties in accordance with the procedure established by the applicable laws of Ukraine.