PUBLIC CONTRACT (OFFER)

for ordering and sale of goods

This contract is an official and public offer from the Seller to enter into a contract for the sale of Goods presented on the website https://torf.organic/. This contract is public, meaning, according to 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 Contract, the Buyer fully accepts the terms and conditions for placing an order, paying for goods, receiving goods, returning goods, responsibility for improper orders, and all other terms of the contract. The contract is considered concluded at the moment the Buyer clicks the «ORDER» button on the order page and receives confirmation of the order from the Seller in electronic form.

1. DEFINITION OF TERMS

1.1. Public Offer (hereinafter referred to as the «Offer») - a public offer from the Seller addressed to an unlimited number of persons to enter into a contract with the Seller for the sale of goods by remote means (hereinafter referred to as the "Contract") under the terms contained in this Offer.
1.2. Goods – the object of the transaction between the parties, chosen by the Buyer on the website of the Online Store and purchased by the Buyer from the Seller. The Goods under this contract are peat – an organic mineral, specifically mineral-peat mixtures for industrial and individual use.
1.3. Online Store – the Seller's website at https://torf.organic/ created for the conclusion of retail and wholesale sales contracts based on the Buyer's acquaintance with the description of the Goods provided by the Seller via the Internet.
1.4. Buyer – an adult, capable individual who is at least 18 years old, receives information from the Seller, places orders for the purchase of goods presented on the website of the Online Store for purposes not related to entrepreneurial activities, or a legal entity or individual entrepreneur.
1.5. Seller – LIMITED LIABILITY COMPANY «ROZHNYATIV TORF» (EDRPOU code 44964515), a legal entity created and operating in accordance with the current legislation of Ukraine, located at: 77601, Ivano-Frankivsk region, Kalush district, urban-type settlement Rozhniativ, Stryl'tsiv Sichovykh Street, Building 123.
1.6. Other terms and concepts used in this Contract are used in the same meaning as in the current legislation of Ukraine.

2. SUBJECT OF THE CONTRACT

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 Contract.
2.2. The date of conclusion of the Offer Contract (acceptance of the Offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract is the date of the Buyer's completion of the order form on the Online Store website, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the request of the Buyer, the Contract may be formalized in writing.

3. ORDER PLACEMENT

3.1. The Buyer places an order in the Online Store in one of the following ways:
- By clicking the «ORDER» button, filling out the registration form with their name and phone number to receive feedback from the Seller;
- By sending a message to the email address;
- By calling the phone number specified in the «CONTACTS» section of the Online Store or in the upper right corner of the Online Store page;
- By ordering a callback by filling out the registration form.
3.2. The Seller has the right to refuse to fulfill the Buyer's order if the information provided by the Buyer when placing the order is incomplete or raises suspicion regarding its authenticity.
3.3. When placing an order on the Online Store website, the Buyer is required to provide the following mandatory information needed by the Seller to fulfill the order:
3.3.1. The Buyer's surname and first name;
3.3.2. Contact phone number;
3.3.3. Email address;
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, item number, and price of the Goods are indicated on the Online Store website.
3.5. The name, quantity, and item number of the Goods ordered by the Buyer are provided to the Seller's operator by the Buyer.
3.6. If either Party to the contract requires additional information, they have the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing a quality service when the Buyer purchases goods from the Online Store.
3.7. The Buyer accepts the terms of this Offer by entering the relevant data into the registration form on the Online Store website or when placing the Order via the operator. After placing the Order via the 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 Contract, i.e., accepting the terms of this Offer (the proposed terms for purchasing the Goods) by placing an Order, the Buyer confirms the following:
a) The Buyer has fully read and agrees with the terms of this Offer;
b) The Buyer consents to the collection, processing, and transfer of personal data. The consent to process personal data is valid for the entire term of the Contract and for an unlimited period after its termination. In addition, by concluding the contract, the Buyer confirms that they have been informed (without additional notice) of the rights established by the Law of Ukraine «On Personal Data Protection», the purposes of data collection, and that their personal data is being transferred to the Seller to enable the fulfillment of this Contract, to facilitate settlements, as well as to receive 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 notice to the Buyer to fulfill the Buyer's order. The Buyer is aware of their rights as a personal data subject according to the Law of Ukraine «On Personal Data Protection».

4. PRICE AND DELIVERY OF GOODS

4.1. Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices for Goods and services are listed in UAH, including VAT.
4.2. The prices for the Goods may change unilaterally by the Seller depending on market conditions. However, the price of a specific unit of Goods, the cost of which has been paid in full by the Buyer, cannot be changed unilaterally by the Seller.
4.3. The Buyer is responsible for collecting the Goods from the location specified by the Seller. 
4.4. The Seller may specify an approximate time when the Goods will be ready for pickup after the Buyer places an order through the website or contacts a representative.
4.5. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are credited to the Seller's account.
4.6. Payments between the Seller and the Buyer for the Goods are made in the ways indicated on the Online Store website in the "Delivery and Payment" section.
4.7. Upon receiving the Goods, the Buyer must check that the Goods comply with the quality and quantity characteristics (name of the goods, quantity, completeness, expiration date).
4.8. The Buyer or their representative, upon receipt of the Goods, confirms by their signature on the sales receipt or waybill that they have no claims regarding the quantity, appearance, and completeness of the Goods.
4.9. Ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or their representative from the moment the Buyer receives the Goods at the pickup location.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Seller is obliged to:
5.1.1. Transfer the Goods to the Buyer following the terms of this Contract 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 as 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 Contract, as well as the prices of Goods and services unilaterally, by posting them on the Online Store website. All changes take effect from the moment they are published.
5.3. The Buyer is obliged to: 
5.3.1. Before concluding the Contract, familiarize themselves with the terms of the Contract, the terms of the Contract, and the prices offered by the Seller on the Online Store website.
5.3.2. For the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that clearly identifies them as the Buyer and be prepared to collect the ordered Goods.
5.3.3. Ensure the availability of the necessary documents for receiving the Goods during pickup.
5.3.4. Comply with the terms of this Contract and follow the Seller's instructions regarding the receipt of Goods.
5.4. The Buyer has the right to:
5.4.1. Receive the Goods following the terms of this Contract.
5.4.2. Contact the Seller with any questions that arise during the execution of this Contract.
5.5. The Parties are obliged to:
5.5.1. Take all necessary measures to properly fulfill their obligations under this Contract.
5.5.2. In case of disputes, resolve them immediately through negotiations.

6. RETURN OF GOODS

6.1. Peat sold in bulk, without packaging, is generally not subject to exchange or return due to the specific nature of the goods.
6.2. The Buyer has the right to return Goods of proper quality that have individual packaging within 14 days from receipt, provided that the Goods have not been used and their marketable condition has been preserved.
6.3. The Buyer also has the right to return Goods if the Goods do not match the description or are defective, within 14 days from receipt, provided that the Goods have not been used and their marketable condition has been preserved.
6.4. Return conditions: the goods have not been used, their marketable condition, properties, and labeling are preserved; the goods are in the same condition as at the time of transfer to the Buyer; the goods are fully complete, the integrity of the original packaging is intact, all labels, protective films, and markings are preserved.
6.5. The cost of Goods of proper quality is refunded to the Buyer within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, provided that the requirements specified in Section 6 of the Contract and the current legislation of Ukraine are met.
6.6. The value of the goods is refunded via bank transfer to the Buye's account.
6.7. 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 to the Buyer.
6.8. If defects are found in the Goods within the warranty period, the Buyer has the right, personally, in the manner and terms provided by Ukrainian law, to make demands to the Seller as stipulated by the Law of Ukraine «On Consumer Protection».
6.9. The Seller will consider claims provided by the Law of Ukraine «On Consumer Protection» if the Buyer submits documents required by current Ukrainian law. The Seller is not responsible for defects in the Goods that occurred after its transfer to the Buyer as a result of the Buyer's violation of the rules of use or storage of the Goods, actions of third parties, or force majeure.
6.10. The Buyer does not have the right to refuse Goods of proper quality that have individually defined properties if the specified Goods can only be used by the Buyer who purchased them (including at the Buyer's request for non-standard characteristics, appearance, completeness, etc.). Confirmation that the Goods have individually defined properties is the difference in the characteristics of the Goods listed in the Online Store.
6.11. Return of goods, in cases provided by law and this Contract, is carried out to the address indicated on the website in the «Contacts» section.

7. LIABILITY

7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper use or storage of Goods purchased from the Seller.
7.2. The Seller is not responsible for improper or untimely fulfillment of Orders and its obligations in case the Buyer provides inaccurate or incorrect information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations under the current legislation of Ukraine and the provisions of this Contract.
7.4. Any disputes arising between the Buyer and the Seller shall be resolved through negotiations. If the dispute cannot be resolved through negotiations, the Buyer and/or Seller have the right to apply to the judicial authorities in accordance with the current legislation of Ukraine.

8. FORCE MAJEURE CIRCUMSTANCES

8.1. The Parties are released from liability for non-performance or improper performance of obligations under this Contract if it arose due to force majeure circumstances.
8.2. Force majeure circumstances in this Contract mean any circumstances that arise beyond the will or desire of the Parties and cannot be foreseen or avoided, including military actions, civil unrest, epidemics, blockades, earthquakes, floods, fires, as well as decisions or prescriptions of the state authorities and administration of the state, as a result of which additional obligations are imposed on the Parties (or one of the Parties) or additional restrictions are imposed, making it impossible to fully or partially fulfill the Contract, as well as other actions or events that exist beyond the will of the Parties.
8.3. The Party for whom the performance of obligations became impossible due to force majeure circumstances must notify the other Party in writing within 5 days. The occurrence of force majeure circumstances is confirmed by the relevant documents issued by the Chamber of Commerce and Industry.

9. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

9.1. By providing their personal data on the Online Store website during registration or when placing an Order, the Buyer voluntarily consents to the processing, use (including transfer) of their personal data, as well as the performance of other actions provided by the Law of Ukraine «On Personal Data Protection», without limitation on the term of such consent.
9.2. The Seller undertakes not to disclose information received from the Buyer. The disclosure of information by the Seller to counterparties and third parties acting under an agreement with the Seller, including for the purpose of fulfilling obligations to the Buyer, as well as in cases where such disclosure is required by the current legislation of Ukraine, is not considered a violation.
9.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor performance or non-performance of its obligations due to outdated or inaccurate information about the Buyer.

10. OTHER CONDITIONS

10.1. This contract is concluded in the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
10.2. The proprietary rights to the Seller's website, informational materials belong only to the Seller (with the right to transfer to third parties).
10.3. The contract is public, indefinite, and valid until it is terminated by either Party in the manner prescribed by this Contract or the current legislation but, in any case, until the full execution of it by the Parties. This Contract is considered agreed upon by the Buyer and concluded at the Seller's location from the date of acceptance.
10.4. The Seller independently determines the terms of this Contract in accordance with and for the fulfillment of the requirements of the current legislation of Ukraine.
10.5. The Seller has the right to unilaterally make changes to this Contract, as provided by p. 5.2.1. of the Contract. Additionally, changes to the Contract may be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.

If the Seller makes changes to the terms of this public Contract, such changes take effect from the moment the updated text of this public Contract is posted on the Internet at the address https://torf.organic/, unless another date for the changes to take effect is additionally specified at the time of such posting. At the same time, the Seller guarantees and confirms that the current version of the text of this Contract posted on the website is valid. 

SELLER'S ADDRESS AND DETAILS:
LLC «ROZHNYATIV TORF»
EDRPOU Code 44964515
TIN 449645109111
Legal address: 77601, Ivano-Frankivsk region, Kalush district, urban-type settlement
Rozhniativ, Stryl'tsiv Sichovykh St., 123
Mailing address: Ivano-Frankivsk, 76014, Ukraine, Heroiv Mykolaieva St., 129A,
Building 36, Office 38
Warehouse address: Ivano-Frankivsk region, Kalush district, Verkhnii Strutyn village,
Zavodska St., 1, 77621, Ukraine
Recipient’s Account: UA513282090000026001000035806 in PJSC «SOUTHERN»
MFO 20953647
Phone: +38(066)6595949, +38(097)5771177
Email: hello@torf.organic

Director ____________ Yaroslav RYPNIOVSKYI