Mentorship

PUBLIC AGREEMENT (OFFER)
for ordering, purchase and sale, and delivery of goods

This agreement is an official and public offer of the Seller to conclude a contract for the purchase and sale of Goods presented on the website https://bmode.com.ua/. This agreement is public, meaning that 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, individual entrepreneur) without providing advantages to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and procedure for placing an order, payment for goods, delivery of goods, return of goods, liability for bad-faith ordering, and all other terms of the agreement. The agreement is considered concluded from the moment the "Confirm Order" button is clicked on the order checkout page in the "Cart" section and the Buyer receives electronic confirmation of the order from the Seller.

1. Definition of Terms

  • 1.1. Public Offer (hereinafter referred to as the “Offer”) – a public proposal of the Seller addressed to an indefinite number of persons to conclude a contract for the purchase and sale of goods by means of distance selling (hereinafter referred to as the “Agreement”) on the terms contained in this Offer.
  • 1.2. Goods or Service – the object of the agreement between the parties, which was selected by the buyer on the Internet store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.
  • 1.3. Internet Store – the Seller’s website at www.bmode.com.ua/, created for concluding retail and wholesale purchase and sale agreements based on the Buyer’s familiarization with the Goods description offered by the Seller via the Internet.
  • 1.4. Buyer – a capable individual over 18 years of age, or a legal entity / individual entrepreneur, who receives information from the Seller, places an order for goods presented on the Internet store website for purposes not related to entrepreneurial activity (for individuals).
  • 1.5. Seller – FOP “Kozhushko Bogdan Nikolaevich” (identification code 3182508134), a legal entity established and operating in accordance with the current legislation of Ukraine, located at: Ukraine, Kharkiv, Druzhby Narodov str., 228.

2. Subject of the Agreement

  • 2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
  • 2.2. The date of conclusion of the Agreement-offer (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date when the Buyer fills out the order form on the Internet store website, provided that the Buyer receives electronic confirmation of the order from the Seller. If necessary, at the Buyer’s request, the Agreement may be executed in written form.

3. Order Placement

  • 3.1. The Buyer independently places an order in the Internet store through the “Cart” form, or by placing an order via email or phone number specified in the contacts section of the Internet store.
  • 3.2. The Seller has the right to refuse to fulfill the order if the information provided by the Buyer when placing the order is incomplete or raises doubts about its reliability.
  • 3.3. When placing an order on the Internet store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
    • 3.3.1. Buyer’s last name and first name;
    • 3.3.2. Delivery address (if delivery is to the Buyer’s address);
    • 3.3.3. Contact phone number;
    • 3.3.4. Identification code for a legal entity or individual entrepreneur.
  • 3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the Internet store website.
  • 3.5. If any of the parties to the agreement needs additional information, they have the right to request it from the other party. In case the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the Internet store.
  • 3.6. When placing an order through the Seller’s operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4 of this Offer.
  • 3.7. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data into the registration form on the Internet store website or when placing an Order through an operator. After placing an Order through an operator, the Buyer’s data is entered into the Seller’s database.
  • 3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
  • 3.9. By concluding the Agreement, i.e. accepting the terms of this offer by placing an Order, the Buyer confirms the following:
    • a) The Buyer is fully familiar with and agrees to the terms of this offer;
    • b) The Buyer gives permission for the collection, processing, and transfer of personal data. This permission is valid for the entire term of the Agreement and for an unlimited period after its termination. By concluding the agreement, the Buyer also confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, the purposes of data collection, and that his personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, making mutual settlements, and receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without additional notice for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a subject of personal data under the Law of Ukraine “On Personal Data Protection” is known and clear to him.

4. Price and Delivery of Goods

  • 4.1. Prices for Goods and services are determined by the Seller independently and indicated on the Internet store website. All prices for Goods and services are indicated on the website in hryvnias including VAT.
  • 4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of a unit of Goods that has been paid for in full by the Buyer cannot be changed unilaterally by the Seller.
  • 4.3. The cost of Goods indicated on the Internet store website does not include the cost of delivery to the Buyer. The Buyer pays for delivery according to the current tariffs of the delivery services (carriers) directly to the chosen delivery service.
  • 4.4. The cost of Goods indicated on the Internet store website does not include the cost of delivery to the Buyer’s address.
  • 4.5. The Seller may indicate the approximate cost of delivery to the Buyer’s address upon the Buyer’s request sent by email or when placing an order through the Internet store operator.
  • 4.6. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the funds are credited to the Seller’s account.
  • 4.7. Payments between the Seller and the Buyer for the Goods are made by the methods indicated on the Internet store website in the “Payment and Delivery” section.
  • 4.8. Upon receipt of the Goods, the Buyer is obliged, in the presence of a representative of the delivery service (carrier), to check the Goods for compliance with qualitative and quantitative characteristics (name, quantity, completeness, expiration date).
  • 4.9. The Buyer or his representative, upon acceptance of the Goods, confirms with his signature on the invoice / order / waybill that he has no claims regarding the quantity, appearance, and completeness of the Goods.
  • 4.10. Ownership and risk of accidental loss or damage to the Goods pass to the Buyer or his representative from the moment the Goods are received by the Buyer in the city of delivery when self-pickup, or when the Seller transfers the Goods to the delivery service (carrier) chosen by the Buyer.

5. Rights and Obligations of the Parties

  • 5.1. The Seller is obliged to:
    • 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 any private information about the Buyer and not provide access to this information to third parties, except in cases provided by law and when fulfilling the Buyer’s Order.
  • 5.2. The Seller has the right to:
    • 5.2.1. Change the terms of this Agreement, as well as the prices for Goods and services, unilaterally by posting them on the Internet store website. All changes come into force from the moment of their publication.
  • 5.3. The Buyer undertakes to:
    • 5.3.1. Before concluding the Agreement, familiarize himself with the content of the Agreement, its terms, and the prices offered by the Seller on the Internet store website.
    • 5.3.2. Provide all necessary data that clearly identifies him as the Buyer and is sufficient for the delivery of the ordered Goods in order for the Seller to fulfill his obligations.

6. Return of Goods

  • 6.1. The Buyer has the right to return non-food Goods of proper quality to the Seller if the Goods did not satisfy him 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, not counting the day of purchase. Return of Goods of proper quality is possible if they have not been used, their marketable appearance, consumer properties, packaging, seals, labels, and the settlement document issued to the Buyer for payment have been preserved. The list of goods that cannot be returned on the grounds provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine.
  • 6.2. The refund of the cost of Goods of proper quality is made within 30 (thirty) calendar days from the moment the Seller receives such Goods, subject to the requirements provided for in clause 6.1 of the Agreement and the current legislation of Ukraine.
  • 6.3. The cost of the Goods is refunded by bank transfer to the Buyer’s account.
  • 6.4. Return of Goods of proper quality to the Seller’s address is carried out at the Buyer’s expense and is not reimbursed by the Seller.
  • 6.5. In case defects are discovered within the established warranty period, the Buyer has the right to present claims to the Seller in accordance with the Law of Ukraine “On Protection of Consumer Rights”.
  • 6.6. The Seller is not liable for defects in the Goods that arose after its transfer to the Buyer due to violation of the rules of use or storage by the Buyer, actions of third parties, or force majeure.
  • 6.7. The Buyer does not have the right to refuse Goods of proper quality that have individually defined properties if such Goods can be used exclusively by the Buyer who purchased them.
  • 6.8. Return of Goods in cases provided by law and this Agreement is carried out at the address specified on the website in the “Contacts” section.

7. Liability

  • 7.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.
  • 7.2. The Seller is not liable for improper or untimely fulfillment of Orders and obligations in case the Buyer provides false or erroneous information.
  • 7.3. The Seller and the Buyer bear responsibility for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
  • 7.4. The Seller or the Buyer are released from liability for full or partial failure to fulfill their obligations if such failure is the result of force majeure circumstances (war, natural disasters, etc.).

8. Confidentiality and Protection of Personal Data

  • 8.1. By providing his personal data on the Internet store website when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing and use of his personal data in accordance with the Law of Ukraine “On Personal Data Protection”.
  • 8.2. The Seller undertakes not to disclose information received from the Buyer, except in cases provided by law or when necessary to fulfill the Buyer’s order.
  • 8.3. The Buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or non-performance of obligations due to the Buyer providing outdated information.

9. Other Terms

  • 9.1. This agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
  • 9.2. All disputes between the Buyer and the Seller are resolved through negotiations. If no agreement is reached, the dispute is resolved in court in accordance with the legislation of Ukraine.
  • 9.3. The Seller has the right to make changes to this Agreement unilaterally. Changes also may be made by mutual agreement of the Parties.

SELLER’S ADDRESS AND DETAILS:

FOP “Kozhushko Bogdan Nikolaevich”

Ukraine, Kharkiv, Druzhby Narodov str., 228

Account UA293052990000026006005915799

in JSC CB “PrivatBank”

MFO 305299

Tax ID 3182508134

tel. (063)9190112