PUBLIC AGREEMENT (OFFER)
for ordering, purchase and sale, and delivery of goods
This Agreement constitutes an official and public offer by the Seller to enter into a purchase and sale agreement for the Goods presented on the website https://nik.energy. 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 giving preference to one buyer over another.
By entering into this Agreement, the Buyer fully accepts the terms and procedures for placing an order, paying for the Goods, delivering the Goods, returning the Goods, liability for dishonest orders, and all other terms of the Agreement.
The Agreement is considered concluded at the moment the Buyer clicks the “Confirm Order” button on the order placement page in the “Cart” section and receives electronic confirmation of the order from the Seller.
1. Definitions of Terms
1.1. Public Offer (hereinafter referred to as the "Offer") — a public proposal by the Seller, addressed to an indefinite number of persons, to enter into a purchase and sale agreement for goods with the Seller remotely (hereinafter referred to as the "Agreement") under the terms set forth in this Offer.
1.2. Product or Service — the subject of the transaction between the Parties, which has been selected by the Buyer on the website of the Online Store and placed in the shopping cart, or has already been purchased by the Buyer from the Seller remotely.
1.2. Online Store — the Seller’s website at https://nik.energy created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer's review of the Product description offered by the Seller via the Internet.
1.3. Buyer — a legally capable individual who has reached the age of 18, receives information from the Seller, places an order to purchase goods presented on the Online Store website for purposes not related to the conduct of business activity, or a legal entity or individual entrepreneur.
1.4. Seller — Limited Liability Company "NIK" (identification code 31305795), a legal entity established and operating in accordance with the current legislation of Ukraine, located at: 01133, Kyiv, Lesi Ukrainky Blvd., building 34, office 202.
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 Offer Agreement (acceptance of the Offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be considered the date the Buyer fills out the order form located on the Online Store website, provided the Buyer receives an electronic confirmation of the order from the Seller. If necessary, at the Buyer's request, the Agreement may be executed in writing.
3. Order Placement
3.1. The Buyer places an order independently on the Online Store website via the “Cart” form or by placing an order via email or by phone, as specified in the Online Store’s “Contacts” section.
3.2. The Seller has the right to refuse to fulfill the order to the Buyer in case the information provided by the Buyer when placing the order is incomplete or raises doubts about its authenticity.
3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. the Buyer's surname and first name;
3.3.2. the address to which the Goods should 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 individual entrepreneur.
3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer’s shopping cart on the Online Store website.
3.5. If either Party to the Agreement requires additional information, they have the right to request it from the other Party. In the event the Buyer does not provide the necessary information, the Seller shall not be liable for the quality of the service provided to the Buyer during the purchase of Goods from the Online Store.
3.6. When placing an order through the Seller’s operator (as per clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4 of this Offer.
3.6. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data in the registration form on the Online Store website or when placing an Order through the operator. After placing the Order through the operator, the Buyer's data is entered into the Seller’s database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.8. By entering into the Agreement, i.e., by accepting the terms of this offer (the proposed terms of purchasing the Goods) by placing the Order, the Buyer confirms the following:
a) The Buyer is fully acquainted with and agrees to the terms of this offer;
b) The Buyer grants permission for the collection, processing, and transfer of personal data. This permission remains valid throughout the duration of the Agreement, as well as for an unlimited period after its termination. Additionally, by entering into the Agreement, the Buyer confirms that they have been informed (without additional notification) of their rights established by the Law of Ukraine "On Personal Data Protection," the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, for mutual settlements, and for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer their personal data to third parties without any additional notifications to the Buyer, in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood to them.
4. Price and Delivery of Goods
4.1. Prices for Goods and services are determined independently by the Seller and are indicated on the Online Store website. All prices for Goods and services on the website are stated in Ukrainian hryvnias, including VAT.
4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a specific unit of Goods, the cost of which has been fully paid by the Buyer, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the Online Store website does not include the cost of delivery to the Buyer. The Buyer shall pay the cost of delivery in accordance with the applicable rates of the delivery services (carriers) directly to the selected delivery service (carrier).
4.4. The cost of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer’s address.
4.5. The Seller may indicate an approximate delivery cost to the Buyer’s address upon receiving a relevant request from the Buyer, either by email or during the order placement through the Online Store operator.
4.6. The Buyer’s payment obligations are considered fulfilled at the moment the funds are credited to the Seller’s bank account.
4.7. Settlements between the Seller and the Buyer for the Goods are carried out using the methods specified on the Online Store website in the “Payment and Delivery” section.
4.8. Upon receipt of the Goods, the Buyer must, in the presence of the representative of the delivery service (carrier), verify the conformity of the Goods with qualitative and quantitative characteristics (product name, quantity, completeness, shelf life).
4.9. The Buyer or their representative, upon receipt of the Goods, confirms with their signature on the sales receipt / or the order / or the consignment note for delivery that there are no claims regarding the quantity, appearance, and completeness of the Goods.
4.10. Ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or their Representative from the moment the Goods are received by the Buyer at the place of delivery in the case of self-pickup from the Seller, or upon the transfer of the Goods by the Seller to the delivery service (carrier) selected by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller undertakes 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 grant access to such information to third parties, except in cases provided for by law and when fulfilling the Buyer's Order.
5.2. The Seller has the right to:
5.2.1. Modify the terms of this Agreement, as well as the prices for Goods and services, unilaterally, by publishing them on the Online Store website. All changes take effect from the moment of their publication.
5.3. The Buyer undertakes to:
5.3.1. Review the content of the Agreement, its terms, and the prices offered by the Seller on the Online Store website before concluding the Agreement.
5.3.2. Provide all necessary data that clearly identify them as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer, in order for the Seller to fulfill its obligations to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return to the Seller non-food goods of proper quality if the goods do not satisfy them 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 including the day of purchase. The return of goods of proper quality is allowed provided that the goods have not been used and that their commercial appearance, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for the purchase of the Goods are preserved. The list of goods that are not subject to return on the grounds provided in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund to the Buyer for goods of proper quality shall be made within 30 (thirty) calendar days from the date the Seller receives such Goods, provided that the requirements set out in clause 6.1 of this Agreement and the applicable legislation of Ukraine are met.
6.3. The cost of the goods shall be refunded by bank transfer to the Buyer's account.
6.4. The 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 the event that defects in the Goods are discovered during the established warranty period, the Buyer has the right, in the manner and within the time limits established by the legislation of Ukraine, to present the Seller with the claims provided for by the Law of Ukraine “On Consumer Protection.” When making a claim for the free elimination of defects, the period for their elimination begins on the date the Seller receives the Goods into their possession and obtains physical access to such Goods.
6.6. The Seller shall consider the claims provided for by the Law of Ukraine “On Consumer Protection” only if the Buyer provides the documents required by the applicable legislation of Ukraine. The Seller is not responsible for any defects in the Goods that occur after their transfer to the Buyer as a result of the Buyer’s violation of the rules for use or storage of the Goods, actions of third parties, or force majeure.
6.7. The Buyer does not have the right to refuse goods of proper quality that possess individually-defined characteristics if such goods can only be used by the Buyer who purchased them (including, at the Buyer’s request, non-standard sizes, specifications, appearance, configuration, etc.). The confirmation that a product has individually-defined characteristics is the difference in the product’s sizes or other specifications indicated in the online store.
6.8. The return of goods in cases provided for by law and this Agreement shall be carried out to the address specified on the website in the “Contacts” 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 Goods purchased from the Seller.
7.2. The Seller shall not be liable for improper or untimely fulfillment of Orders and its obligations in the event the Buyer provides inaccurate or incorrect information.
7.3. The Seller and the Buyer are liable 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 shall be released from liability for full or partial non-performance of their obligations if such non-performance is the result of force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters that occurred beyond the control of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that is unable to fulfill its obligations shall immediately notify the other Party thereof.
8. Confidentiality and Protection of Personal Data
8.1. By providing their personal data on the Online Store website during registration or when placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as the performance of other actions provided for by the Law of Ukraine "On Personal Data Protection", without limitation on the term of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. Disclosure by the Seller of such information to counterparties and third parties acting under an agreement with the Seller, including for the purpose of fulfilling obligations to the Buyer, shall not be considered a breach, as well as in cases where the disclosure of such information is required by the applicable legislation of Ukraine.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller shall not be liable for poor performance or non-performance of its obligations due to the outdated or inaccurate information about the Buyer.
9. Other Terms
9.1. This Agreement is concluded within the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In the event that a disputed issue cannot be resolved through negotiations, the Buyer and/or the Seller have the right to refer the dispute to the courts in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally as provided in clause 5.2.1 of the Agreement. In addition, changes to the Agreement may also be made by mutual consent of the Parties in accordance with the procedure established by the current legislation of Ukraine.
SELLER’S ADDRESS AND DETAILS:
LLC “NIK”
01133, Kyiv, Lesi Ukrainky Blvd., building 34, office 202
Account No.: UA623223130000026009010066816
in JSC “UKREXIMBANK”, Kyiv
MFO (Bank Code): 322313
EDRPOU Code: 31305795
Taxpayer ID: 313057926101
VAT Certificate No.: 100327163
Phone: + (380) 442487471