Terms of Use

2. GENERAL PROVISIONS AND SUBJECT MATTER OF THE AGREEMENT

2.1. Under this Agreement, the Seller undertakes to transfer ownership of the Product to the Buyer in accordance with the Buyer’s Order, and the Buyer undertakes to pay for and accept the Product under the terms of this Agreement.
2.2. This Agreement governs the purchase and sale of Products on the Seller’s Website.
2.3. Images of Products on the Website are provided for illustrative purposes only. The Products purchased by the Buyer may differ in appearance from the images shown on the Website.
2.4. The Buyer’s addition of a Product presented on the Website to the virtual shopping cart and placement of an Order shall constitute the Buyer’s unconditional acceptance of the Offer and agreement to all terms and conditions of this Agreement.
2.5. The Buyer is obliged to independently review the terms of this Agreement. The Seller is not required to additionally or otherwise inform the Buyer of the existence of this Agreement, except by publishing it on the Website.
2.6. This Agreement is a public contract; therefore, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers.
2.7. The Company has the right to amend and/or supplement the Offer at any time at its sole discretion, without prior notice of such amendments or supplements. A new version of the Agreement (Offer) shall take effect from the moment it is published on the Website, unless otherwise provided in the new version of the Agreement.
2.8. By entering into the Agreement (that is, by accepting the terms of the Offer in the manner specified in this Agreement), the Buyer confirms the following
a) The Buyer has fully reviewed and agrees to the terms of this Offer;
b) The Buyer grants the Seller permission to collect, process, and transfer personal data under the terms set forth in this Offer. Consent to the processing of personal data shall remain valid throughout the entire term of this Agreement and for an unlimited period after its termination. In addition, by entering into this Agreement, the Buyer confirms that they have been informed (without any additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection,” of the purposes of data collection, and that their personal data are transferred to the Seller for the purpose of enabling the performance of this Agreement, carrying out settlements, and other related purposes. The Buyer also agrees that the Seller has the right to provide access to and transfer the Buyer’s personal data to third parties without any additional notice to the Buyer, provided that the purpose of personal data processing remains unchanged. The Buyer is aware of and understands the scope of their rights as a personal data subject under the Law of Ukraine “On Personal Data Protection.”
2.9. The Parties agree that the place of conclusion of this Offer Agreement shall be the registered location of the Company.

3. ORDER PLACEMENT PROCEDURE

3.1. The Buyer independently and at their own discretion places an Order for the Product on the Website.
3.2. After the Order is received, it is processed by the Seller and the Product is prepared for sale. The time required to fulfill the Order depends on the availability of the relevant Products from the Seller at the time the Order is placed.
3.3. The Seller shall process and confirm the Buyer’s Order within up to 3 (three) business days from the date the Order is placed. If the Order is placed by the Buyer on a weekend or public holiday, the processing and confirmation period shall begin on the first business day following such weekend or public holiday.
3.4. If the Buyer has any questions regarding the properties or characteristics of the Product, the Buyer must contact the Seller to obtain the relevant information before placing the Order.
3.5. When placing an Order, the Buyer provides the information required to fulfill the Order. The Buyer shall provide their surname, first name, patronymic, telephone number, email address, postal details, and other required information. The Seller shall not be liable for any consequences arising from false information or incorrect data provided by the Buyer. The Buyer shall be solely responsible for any adverse consequences associated with providing inaccurate or incomplete information required for placing and fulfilling the Order.

4. PRICE AND PAYMENT PROCEDURE

4.1. The price of each individual Product is determined by the Seller at its sole discretion and is indicated on the Website next to each Product.4.2. The price of the Product and the total Order price are stated in the national currency of Ukraine — the Ukrainian hryvnia (UAH) — per unit of Product.4.3. The Seller may change the price of a Product on the Website unilaterally.4.4. Payment for the Product/Products may be made by the Buyer using one of the following methods:4.4.1. Payment of 100% (one hundred percent) of the total cost of the Product/Products at the time the Order is placed on the Website, using the electronic payment systems available on the Website.4.4.2. Payment of the total cost of the Product/Products in several installments:1) A prepayment of 50% (fifty percent) of the cost of the Product/Products, to be paid by the Buyer within 3 (three) calendar days after the corresponding prepayment invoice is issued to the Buyer. The invoice shall be issued by the Seller upon confirmation that the Seller is able to fulfill the Order placed by the Buyer;2) Payment of the remaining 50% (fifty percent) of the cost of the Product/Products, to be paid by the Buyer within 3 (three) calendar days after the corresponding final payment invoice is issued to the Buyer. The final payment invoice shall be issued by the Seller at the time the Product/Products are transferred to the Buyer.4.5. To select payment by installments in accordance with Clause 4.4.2 of this Offer, the Buyer must leave an appropriate comment when placing the Order on the Website, indicating their intention to pay in installments.4.6. The cost of delivery of the Product ordered by the Buyer shall be determined based on the delivery location and delivery method specified by the Buyer in the relevant Order and shall be agreed upon by the Parties in a mutually acceptable manner.4.7. In the event of incomplete or late payment by the Buyer for the ordered Product, as well as in the event of technical payment issues or other unforeseen circumstances, the Seller reserves the right to cancel the Order and/or withhold delivery of the Product and/or suspend and/or completely terminate its obligations, without being liable for any possible consequences of such actions. In such cases, the Seller shall inform the Buyer of the circumstances and propose possible measures to resolve them in order to properly process the Order and accept it for fulfillment.

5. PROCEDURE FOR DELIVERY OF THE PRODUCT

5.1. The Buyer has the right to choose one of the following methods of receiving (delivery of) the Product by selecting the appropriate delivery option when placing the Order (either through the automatic delivery method selection function or by indicating the preferred delivery method in the Order comments):
5.1.1. At any branch of Nova Poshta LLC where Products of the relevant dimensions and weight can be received, according to the carrier’s applicable rates;
5.1.2. At any branch of Ukrposhta JSC where Products of the relevant dimensions and weight can be received, according to the carrier’s applicable rates;
5.1.3. By self-pickup by the Buyer from a designated pickup point, with the Seller’s manager contacting the Buyer in advance to agree on the pickup location;
5.1.4. By delivery and/or installation of the ordered Product directly by the Seller, provided that the Seller offers such service. This service is provided solely at the Seller’s discretion and may not be demanded by the Buyer as mandatory. In the case of such delivery and/or installation, the procedure and conditions for delivery/installation of the ordered Product shall be agreed upon between the Buyer and the Seller at the time the Order is placed or after the Order has been placed.
5.2. Upon receiving the Product, the Buyer must, in the presence of a representative of the delivery service or a representative of the Seller, verify that the Product corresponds to the required qualitative and quantitative characteristics, including the Product name, quantity, completeness, and other relevant parameters. If any defects are discovered at the place of receipt, the Buyer must immediately notify the Seller.
5.3. The delivery time for the Product shall be agreed upon by the Buyer and the Seller by telephone or by any other method mutually acceptable to the Parties
5.4. Ownership of the Product, as well as all risks associated with its loss and/or damage, shall pass from the Seller to the Buyer at the moment the Product is transferred to the Buyer, provided that the Buyer has paid the full price of the Product in accordance with the procedure and terms established by this Agreement.
5.5. The Product shall be delivered to the Buyer packaged in a manner customary for such Product and sufficient to ensure its preservation under normal storage and transportation conditions.

6. PRODUCT QUALITY AND WARRANTY OBLIGATIONS

6.1. The Seller undertakes to provide the Buyer with the ordered Product of proper quality and suitable for its intended use.6.2. The quality of the Product must comply with the requirements established for the relevant category of Products by applicable laws, regulations, and technical standards.6.3. The Seller provides warranty service for the Product for a warranty period of 12 (twelve) calendar months, provided that the Buyer complies with all rules and requirements for operating the Product as specified in the User Manual and this Agreement. The warranty does not cover consumables, mounting hardware, packaging, or similar items.6.4. The warranty period begins on the date the ordered Product is delivered or transferred to the Buyer.6.5. The warranty period specified in Clause 6.3 of this Agreement may be extended for an additional period by mutual agreement of the Parties and subject to additional payment by the Buyer. The total duration and cost of warranty service, including any extended warranty period ordered by the Buyer, may be agreed upon by the Parties in the Order or by any other mutually acceptable method.6.6. The warranty for the Product shall be fully void if the Product has been modified or repaired without the Seller’s approval. Modification also includes using the Product outside its intended scope of use as defined in the User Manual. The warranty does not cover failures or defects caused by natural external factors, insufficient maintenance, overloading, or improper operation of the Product. The Product must also not be exposed to temperature, humidity, electromagnetic, mechanical deformation, or any other effects that are not considered normal or intended during operation. In such cases, the warranty shall also be fully void.6.7. If, during the warranty period, any malfunction is discovered in the Product as a whole or any of its components are found to be defective, the Seller undertakes to send its representative to inspect the identified malfunction.6.8. The time required to remedy any defects during the warranty service period shall be agreed upon separately by the Parties in each individual case using a method mutually acceptable to both Parties.6.9. If the Product is damaged due to the actions or inaction of the Buyer, such Product shall not be eligible for warranty service, replacement, return, or compensation. If the Product is damaged due to unforeseen weather conditions or other force majeure circumstances, the Product shall likewise not be eligible for warranty service, replacement, return, or compensation.6.10. If the Buyer discovers damage to the equipment during the warranty service period, the Buyer must immediately notify the Seller, but in any event no later than 14 (fourteen) calendar days from the date the damage or malfunction is discovered. At the Seller’s request, the Buyer must return the Product or the relevant part of it. All parts of the Product removed from service shall be returned to the Seller for further disposal. Failure to notify the Seller within the period specified in this Clause shall deprive the Buyer of the right to claim warranty service.6.11. If the Product or any part thereof fails during the warranty period and such failure qualifies as a warranty case under this Agreement, the Seller shall repair and/or replace such equipment at its own expense.

7. CONDITIONS FOR PRODUCT RETURNS AND REFUNDS

7.1. The Buyer has the right to return the purchased Product to the Seller within 14 (fourteen) calendar days from the date of purchase (receipt of the Product by the Buyer).
7.2. The returned Product must be in its original condition and complete, including all labels and packaging, as well as all accompanying documents (warranty certificate, instructions, etc.). If the conditions specified in this Clause are not met, the Seller has the right to refuse the return of the Product without providing any compensation for such Product.
7.3. The cost of postal delivery (or any other method of delivery) of the Product, if the Buyer initiates the return of such Product to the Seller, shall be paid by the Buyer at the Buyer’s own expense. The Seller shall not reimburse such costs.
7.4. The Buyer is responsible for the quality of the Product’s packaging during transportation to the Seller if the Buyer initiates the return of such Product. If the Product is damaged or becomes unusable due to inadequate packaging, the Seller has the right to refuse the return of the Product without providing any compensation for such Product.
7.5. The Seller reserves the right to reject any request by the Buyer to return a Product if such return does not comply with the return conditions established by the Seller.
7.6. If there is a lawful basis for the Seller to refund funds to the Buyer, such refund shall be made using the same payment method used for the purchase of the Products, or by another method agreed upon by the Parties. The refund period under this Clause shall be up to 7 (seven) business days.
7.6. If there is a lawful basis for the Seller to refund funds to the Buyer, the Buyer must provide the Seller in writing, or by another method agreed upon by the Parties, with the bank account details to which the Seller shall transfer the funds if the Buyer’s claim is justified.
7.7. In the event that the Seller refunds funds to the Buyer in the cases provided for by this Agreement, bank fees and payment system fees shall not be refunded to the Buyer.
7.8. The Seller also has the right to refuse to accept a Product for return in the following cases:
7.8.1. If the Product has been used, its commercial appearance has deteriorated, seals or labels are missing, the packaging is missing or damaged, accompanying documents (User Manual, warranty certificate) are missing, etc.;
7.8.2. If the Buyer ordered a Product that was manufactured and/or delivered specifically for the Buyer on an individual order basis and is not part of the Seller’s regular product range.
7.9. The address to which the Product may be returned to the Seller under the terms of this Agreement shall be provided by the Seller to the Buyer separately in each individual case, using a method mutually acceptable to the Parties. If the Buyer sends the Product for return to an address other than the one provided by the Seller, this may result in adverse consequences for the Buyer, including financial consequences, for which the Buyer shall be solely responsible.

8. RIGHTS AND OBLIGATIONS

8.1. The Seller has the right to:
8.1.1. Require the Buyer to comply with the terms of this Agreement.
8.1.2. Suspend the sale and/or delivery of the Product if the Buyer fails to properly fulfill their obligations.
8.1.3. Unilaterally amend this Agreement and the prices of the Products by publishing the relevant changes on the Website. Such changes shall take effect immediately upon publication, unless otherwise provided by the terms of the new Offer.
8.1.4. If the Products ordered by the Buyer are unavailable, the Seller has the right to remove such Product from the Order and/or cancel the Buyer’s Order, provided that the Seller notifies the Buyer in advance and agrees such cancellation with the Buyer in a manner mutually acceptable to the Parties.
8.1.5. Arrange delivery of Orders by engaging third parties to provide delivery services.
8.1.6. Exercise other rights granted to the seller under the Law of Ukraine “On Consumer Protection.”
8.2. The Seller is obliged to:
8.2.1. Transfer the Product to the Buyer under the terms and in accordance with the procedure established by this Agreement.
8.2.2. Provide the necessary documents for the Product, including a properly completed warranty certificate for Products subject to warranty service and a User Manual for the Product.
8.2.3. Fulfill other obligations imposed on the seller under the Law of Ukraine “On Consumer Protection.”
8.3. The Buyer has the right to:
8.3.1. Require the Seller to properly fulfill this Agreement in accordance with the terms specified herein.
8.3.2. Select Products and place Orders on the relevant pages of the Website.
8.3.3. Refuse to accept a defective or incomplete Product, or a Product that does not correspond to the Order placed, in accordance with the terms set forth in this Offer.
8.3.4. Refuse to receive advertising materials and other commercial offers from the Seller that may be sent to the contact details provided by the Buyer.
8.3.5. Exercise other rights granted to the buyer under the Law of Ukraine “On Consumer Protection.”
8.4. The Buyer is obliged to:
8.4.1. Carefully review the information about the Product, its price, and the other terms of this Agreement before placing an Order on the Website.
8.4.2. Properly pay for and receive the Order placed in accordance with the terms of this Public Offer and in the manner and under the conditions established by this Agreement.
8.4.3. Inspect the condition of the packaging and the Product itself upon receipt for any defects, damage, or signs of prior use, including dents, scratches, and similar issues. The Buyer must also verify that the Product is complete and corresponds to the Order.
8.4.4. When placing an Order, provide the Seller with complete and accurate information and personal data required for processing and/or delivering the Order.
8.4.5. Fulfill other obligations imposed on the buyer under the Law of Ukraine “On Consumer Protection.”

9. LIABILITY OF THE PARTIES

9.1. The Parties shall be liable for failure to perform or improper performance of the terms of this Agreement in accordance with this Agreement and the applicable laws of Ukraine.
9.2. A Party that breaches an obligation established by this Agreement and/or the applicable laws of Ukraine shall compensate the other Party for any losses caused by such breach where that Party’s rights or lawful interests have been violated.
9.3. If the Buyer fails to comply with the payment deadlines for the Product/Products, the Seller may require the Buyer to pay a penalty equal to twice the discount rate of the National Bank of Ukraine on the amount of the overdue payment for each day of delay.
9.4. Payment of penalties does not release the Party at fault from the obligation to perform its obligations under this Agreement.
9.5. The Seller shall be released from its warranty obligations to the Customer during the warranty period if the Buyer improperly uses the Product and/or uses it for purposes other than those intended, as well as in the event of mechanical, chemical, or other damage caused by the Buyer, third parties, or force majeure circumstances.
9.6. The Buyer shall not be entitled to demand the elimination of defects or compensation for losses arising from damage or adverse consequences caused by the Buyer’s own actions or fault.
9.7. The Seller shall not be liable if the Product does not correspond to the architectural style of the Buyer’s property where the Product is installed or mounted.
9.8. The Seller shall not be liable for improper or delayed performance of its obligations under this Agreement if the Buyer has provided inaccurate or false information.
9.9. The Seller shall not be liable for improper operation of the Product by the Buyer if such use is contrary to the information specified in the technical documentation and/or User Manual, nor for any consequences arising from such improper operation.
9.10. The Parties shall be released from liability for full or partial failure to perform their obligations if such failure results from force majeure circumstances, including war or military actions, earthquake, flood, fire or other natural disasters, acts or actions of public authorities, changes in customs regulations, or import and export restrictions arising independently of the Parties’ will after the conclusion of this Agreement. The Party unable to perform its obligations shall immediately notify the other Party and provide documents issued by the competent authorities confirming the existence of such circumstances.

10. CONFIDENTIALITY TERMS

10.1. The Seller undertakes not to disclose the personal data provided by the Buyer when placing an Order and to ensure the confidentiality and protection of such data.
10.2. Personal data may include, in particular: identification data (surname, first name, and patronymic), residential address, postal code, contact telephone number, date of birth, email address, purchase history and purchase details on the Website, and other related information.
10.3. By accepting this Offer, the Buyer grants the Seller permission to collect, store, process, and transfer personal data under the terms set forth in this Offer. Consent to the processing of personal data shall remain valid throughout the entire term of the Agreement and for an unlimited period after its termination. In addition, by entering into this Agreement, the Buyer confirms that they have been informed, without any additional notice, of the rights established by the Law of Ukraine “On Personal Data Protection,” of the purposes of data collection, and that their personal data are transferred to the Seller for the purpose of enabling the performance of this Agreement, carrying out settlements, and other related purposes. The Buyer also agrees that the Seller has the right to provide access to and transfer the Buyer’s personal data to third parties without any additional notice to the Buyer, provided that the purpose of personal data processing remains unchanged. The Buyer is aware of and understands the scope of their rights as a personal data subject under the Law of Ukraine “On Personal Data Protection.”

11. OTHER TERMS

11.1. This Agreement shall become effective for the Buyer from the moment the Order is placed through the Website interface. The Agreement shall terminate once the Parties have fulfilled all obligations provided for herein.
11.2. The Seller has the right to send the Buyer SMS messages and emails, as well as make phone calls, for the purpose of providing information about news, promotions, or other matters unrelated to a specific Order.
11.3. The Seller has the right to assign its rights and obligations under this Agreement to another person without obtaining any consent from the Buyer.
11.4. Each provision of this Agreement is independent of the others. The invalidity of any individual provision of this Agreement shall not result in the invalidity of the Agreement as a whole, provided that it may reasonably be assumed that this Agreement could have been concluded without such provision or condition.
11.5. Any disputes or disagreements that may arise in connection with the performance of this Agreement shall be resolved by the Parties through negotiations. If no agreement can be reached, such disputes and disagreements shall be resolved in court in accordance with the applicable laws of Ukraine.
11.6. In matters not covered by this Agreement, the Parties shall be governed by the applicable laws of Ukraine.
11.7. In the event of any changes to a Party’s details, including personal data, addresses, bank account details, or other information, the Party affected by such changes must notify the other Party within two business days.

SELLER:

Limited Liability Company “UA Green”
EDRPOU Code: 45033277
Address: 1 Sadova Street, Apt. 117, Khroly, Kharkiv Region
Email: moc.neergau%40olleh
Phone: +38 (095) 717 37 72