Public Contract (Offer) for the Sale and Purchase of Goods

This agreement constitutes a public offer for the sale and purchase of goods listed on the UA-Pro marketplace. The offer is accepted when the Buyer places an order.

The Platform's role as an intermediary, the procedure for moderation and blocking, the limitations of liability and the complaint-handling procedure are set out in the Public Service Agreement and the Acceptable Use Policy.

The Seller undertakes to transfer ownership of the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods on the terms of this agreement.

The name, quantity, characteristics, completeness and price of the goods are determined by the product listing and the confirmed order. Product images may differ slightly from the actual appearance of the goods due to screen settings and production batch.

• The Buyer places an order independently on the website or by telephone.
• After the order is placed, the Seller confirms it by telephone, message or e-mail; the contract is deemed concluded from the moment of confirmation.
• The Seller has the right to refuse to fulfil an order if the goods are out of stock, the price was stated with an obvious technical error, or the order shows signs of abuse; in such a case, any amounts paid shall be refunded in full.
• The Buyer is obliged to provide accurate contact details and a delivery address.

Prices are indicated in the currency specified on the product page and include the taxes payable by the seller under the laws of the country of its registration. The price is fixed at the moment the order is confirmed.

The available payment methods are set out on the Payment page. For international shipments, customs duties and charges of the country of destination may apply — they are not included in the price of the goods and shall be paid by the Buyer unless expressly stated otherwise in the order.

The terms, time limits and cost of delivery are set out on the Delivery page and on the product page. Delivery times are indicative and may change due to circumstances on the carrier's side.

The risk of accidental loss of or damage to the goods passes to the Buyer at the moment the goods are actually received by the Buyer or by a person designated by the Buyer. Where the carrier was chosen by the Buyer independently (and was not among those offered by the Seller), the risk passes at the moment the goods are handed over to that carrier.

Upon receipt, the Buyer must check the integrity of the packaging and the completeness of the goods; any damage must be recorded in the carrier's documents and reported to the Seller within 48 hours.

A Buyer who is a consumer has the right to withdraw from the contract within 14 days from the day of receipt of the goods without giving any reason (Directive 2011/83/EU; for buyers from Ukraine — the Law of Ukraine "On Protection of Consumer Rights"). Notice of withdrawal shall be sent to the Seller in any intelligible form, including to info@ua-pro.com.

The goods shall be returned within 14 days after the notice is given, in a condition allowing their further sale: without traces of use, with completeness, labels and documents preserved. The Buyer is liable for any diminished value of the goods resulting from handling them beyond what is necessary to establish their characteristics.

The funds shall be refunded within 14 days from the day the notice of withdrawal is received, but the Seller may withhold the refund until the goods have actually been returned or evidence of their dispatch has been supplied. The cost of returning the goods shall be borne by the Buyer unless otherwise stated in the terms of the specific seller.

The right of withdrawal does not apply, in particular, to:

• goods made to the consumer's individual order or clearly personalised;
• goods liable to deteriorate rapidly or with a short shelf life;
• sealed goods which are not suitable for return for reasons of hygiene, where the packaging has been unsealed;
• digital content not supplied on a tangible medium, once its supply has begun with the consumer's express consent.

The Seller is liable for the conformity of the goods with the contract. Consumers in the European Union are entitled to remedies within two years from the date of receipt of the goods (Directive (EU) 2019/771): repair or replacement, and where these are impossible or disproportionate — a price reduction or termination of the contract with a refund.

A manufacturer's warranty, where provided, applies in addition to the consumer's statutory rights and does not limit them. The warranty does not cover natural wear and tear, or damage resulting from improper use, unauthorised repair, exposure to moisture or power surges.

Claims concerning quality shall be submitted to the Seller. Where the seller is a third-party Business User, the Platform facilitates communication and may restrict that seller's access in the event of systematic infringements of buyers' rights, but does not replace the seller as a party to the contract.

This section applies to Business Users who sell goods through the Platform.

• The Seller independently determines its product range, prices, delivery and return terms and is responsible for complying with them, as well as for the accuracy of product descriptions.
• Goods are published after moderation; the Platform has the right to reject or unpublish a listing that violates the Acceptable Use Policy or the law.
• A commission is charged for the use of the marketplace service, the amount of which is specified in the Seller Account; the commission is withheld from each paid order.
• Payouts are made to the payment details specified in the Account, according to the established schedule and provided that the minimum payout amount has been reached. The current schedule and minimum amount are set out in the Account.
• The Platform has the right to withhold a payout pending clarification of the circumstances in the event of a dispute with a buyer, suspected fraud or a request from a competent authority, and to deduct refund amounts and penalties.
• The Seller is obliged to comply with buyers' lawful requests regarding withdrawal from the contract, warranty and refunds; systematic non-compliance constitutes grounds for sanctions, up to and including termination of the Agreement.
• The parties' contact details are disclosed to the extent necessary for the performance of the order and the exercise of the buyer's rights.

The parties shall be liable for non-performance of their obligations in accordance with the applicable law. The Seller shall not be liable for damage caused by improper use of the goods, failure to follow the instructions or unauthorised modification.

The liability of the Company as operator of the Platform in respect of transactions between third-party sellers and buyers is limited by Section 15 of the Service Agreement. The limitations do not apply where they cannot be excluded under mandatory rules, in particular under consumer protection law and product liability law.

Personal data is processed in accordance with Regulation (EU) 2016/679 (GDPR), the Law of Ukraine "On Personal Data Protection" and the Privacy Policy — for the purposes of order fulfilment, delivery, accounting and the handling of claims.

Data is transferred to carriers and payment providers to the extent necessary for order fulfilment, and to third-party sellers to the extent required for the performance of their obligations towards the Buyer.

The parties are released from liability for non-performance of their obligations where such non-performance is caused by force majeure: military action, martial law or a state of emergency, natural disasters, decisions of public authorities, prolonged power outages, or the suspension of carriers' operations.

A claim shall be considered within 30 days of its receipt. Disputes shall be resolved through negotiations and, if no agreement is reached, through court proceedings.

A Buyer who is a consumer residing in the European Union retains the protection of the mandatory provisions of the law of their country of residence and has the right to bring proceedings before the courts of their place of residence, as well as to apply to national bodies for the out-of-court resolution of consumer disputes.

The original of the Agreement is drawn up in Ukrainian; translations are provided for convenience, and in the event of any discrepancy the Ukrainian text shall prevail, except where mandatory provisions of the law of the consumer's country of residence require otherwise.

The invalidity of any individual provision shall not entail the invalidity of the remaining provisions. This Agreement, together with the Service Agreement, the Acceptable Use Policy and the Privacy Policy, constitutes the entire agreement between the parties.