Public Contract for the Sale of Goods at a Distance via the Internet
The following text of the Contract is addressed to individuals permanently residing in Ukraine and is an official public offer, hereinafter referred to as the SELLER, and any individual who fully and unconditionally accepts the terms of this Adhesion Contract in accordance with Articles 633 and 634 of the Civil Code of Ukraine and expresses acceptance of this offer by confirming an Order on the website whitecollar.com.ua/en acting in their own interests or on behalf of a legal entity, hereinafter referred to as the BUYER, have concluded this public Contract (hereinafter the "Contract") as follows:
1. DEFINITIONS
1.1. The term "Service" under this Contract refers to educational services (courses, trainings, consultations) presented on the website whitecollar.com.ua/en, for which the name, description, price, and conditions of provision are specified.
1.2. The term "Website" under this Contract refers to the corporate website whitecollar.com.ua/en, which provides the opportunity to view information about Services, their characteristics, prices, payment conditions, and to register for them via an online order or online payment form.
1.3. The term "Prepayment" under this Contract refers to the prior booking and payment for a Service that will be provided within the timeframes specified in the description of the relevant course or by individual agreement between the parties.
1.4. The term "Order" under this Contract refers to the Client's submission of a request to purchase a Service by completing the appropriate form on the website and making the payment.
2. SUBJECT OF THE CONTRACT
2.1. The SELLER undertakes, under the conditions and procedures specified in this CONTRACT, to sell the BUYER the Goods that are the subject of this CONTRACT, and the BUYER undertakes, under the conditions and procedures specified in this CONTRACT, to purchase the said Goods and pay their price.
2.2. The SELLER guarantees that the Goods are not pledged, not subject to dispute, not under arrest, and no third party rights apply to them.
2.3. The SELLER and the BUYER confirm that this Contract is not fictitious, not a sham transaction, and not concluded under coercion or deception.
2.4. The SELLER confirms that they possess all necessary permits for conducting business activities regulating the legal relations arising and operating during the performance of the Contract, and guarantees the right to sell the Goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the BUYER's rights during the performance of the Contract and the sale of Goods.
3. PROCEDURE FOR CONCLUDING THE CONTRACT
3.1. According to Articles 633, 641, 642 of the Civil Code of Ukraine and the Rules for the Sale of Goods to Order and Outside of Commercial or Office Premises approved by the order of the Ministry of Economy of Ukraine dated 19.04.2007 No. 103, this document is an offer, and the fact of the Buyer placing an order, either orally (by phone or at the office) or in writing (through the website or email) and the receipt of such an order by the Seller is a full and unconditional acceptance of this public contract and the information posted on the website.
4. GENERAL PROVISIONS
4.1. All informational materials presented in the online store are for reference only and may not fully convey accurate information about the properties and characteristics of the Goods, including colors, sizes, and shapes. If the BUYER has questions regarding the properties and characteristics of the Goods, they must consult the SELLER before placing an Order.
4.2. Placing an Order by the BUYER and its subsequent acceptance for execution implies sufficient and complete acquaintance of the BUYER with the technical characteristics of the Goods, their functional capabilities, delivery terms, and warranty service conditions.
4.3. If the ordered Goods are unavailable at the SELLER’s warehouse, including for reasons beyond the SELLER’s control, the SELLER is entitled to cancel the specified Goods from the BUYER’s Order and inform the BUYER about this by sending an electronic notification to the address provided during the BUYER’s registration.
4.4. An Order is considered fulfilled at the moment of actual transfer of the Goods included in the Order to the BUYER based on the delivery note issued by the SELLER and signed by the BUYER. Upon fulfillment of the Order, the SELLER’s obligations towards the BUYER are considered fulfilled.
4.5. Ownership rights to the Goods pass from the SELLER to the BUYER at the moment of transfer of the Goods. Confirmation of the transfer of ownership is the BUYER’s signature on the delivery note (receipt, delivery register, etc.) issued by the SELLER, transport, or courier company. The risks of loss or accidental damage to the Goods pass from the SELLER to the BUYER at the moment of transfer to the transport or courier company.
4.6. By accepting the terms of this Contract, the BUYER grants the SELLER the right to collect, store, use, distribute, and receive the information provided by the BUYER in connection with the execution of this Contract:
4.6.1. As necessary for individuals and organizations to fulfill their functions or provide services to the SELLER under contracts concluded between such persons (organizations) and the SELLER.
4.6.2. As necessary in other cases in accordance with the requirements of Ukrainian legislation.
5. PRICE AND PAYMENT PROCEDURE
5.1. The price of each specific Good is determined by the SELLER at their discretion and published in the online store.
5.2. The price of the Goods and the Order is set in Ukrainian hryvnias.
5.3. The price of the Contract equals the price of the Order. The specified amount may change depending on the price, quantity, or assortment of the Goods.
5.4. The BUYER makes a 100% payment for the Goods according to the Order based on the SELLER’s invoice, unless otherwise specified in the invoice.
5.5. The Order is considered paid from the moment of receipt of...
5.6. Delivery of the Order by the SELLER is carried out after 100% payment of the Order.
5.7. In the event of an incorrect indication of the price of the Product ordered by the BUYER, the SELLER shall promptly inform the BUYER to confirm or cancel the Order. If it is impossible to contact the BUYER, such Order shall be considered canceled. If the Order has already been paid for, the SELLER shall refund the BUYER the amount paid by transferring it to the BUYER’s account or by another acceptable method.
5.8. The price of the Product in the online store may be changed by the SELLER unilaterally. However, the price of a Product already ordered by the BUYER is not subject to change.
5.9. Until the BUYER’s funds are credited to the SELLER’s bank account, the Product is not reserved. The SELLER does not guarantee the availability of the Product in the quantity indicated at the time of placing the Order, which may result in an increased processing time. In the event that a refund is necessary, the BUYER is obliged to provide the SELLER with the bank account details to which the SELLER shall transfer the funds.