Публічний договір (оферта) на замовлення, купівлю-продаж і доставку товарів

This agreement is the official and public offer of the Seller to conclude a contract for the sale of the Goods presented on the website https://www.roadvibe.store. This agreement is public, meaning that, in accordance with Article 633 of the Civil Code of Ukraine, its terms are identical for all buyers regardless of their status (individual, legal entity, individual entrepreneur), without granting any advantage to one buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and procedure for placing an order, payment, delivery, return of goods, liability for a bad-faith order, and all other terms of the agreement. The agreement is deemed concluded from the moment the Seller confirms the order electronically or by telephone call.

The Seller shall not be liable for any losses or damage incurred by the Buyer or third parties as a result of improper use, storage, or transportation of the goods. The Buyer independently checks the quality, completeness, and integrity of the Goods at the moment of receipt at the carrier's branch/parcel locker, prior to signing the receipt documents. After accepting the Goods, the Buyer may not raise claims regarding defects, incompleteness, shortage, or external damage that could have been detected upon receipt.

The Goods are an air freshener (air-fragrancing product) and are not a medicinal product, medical device, or cosmetic product. The intensity, shade, and longevity of the fragrance are perceived individually and depend on the conditions of use. A subjective assessment of the fragrance is not a defect of the Goods.

The Seller shall not be liable for delays in delivery or other breaches of the terms of the agreement caused by third parties (courier services, banks, etc.) or by force majeure circumstances.

The Buyer is responsible for the accuracy and reliability of the information provided when placing an order. In the event of providing inaccurate data, the Seller has the right to refuse to fulfil the order without any liability to the Buyer.

All disputes arising under this agreement shall be resolved in accordance with the applicable legislation of Ukraine.

1. Definition of Terms

1.1. Public Offer (hereinafter the «Offer») - a public proposal of the Seller, addressed to an indefinite range of persons, to conclude with the Seller a contract for the sale of goods by distance means (hereinafter the «Agreement») on the terms contained in this Offer.

1.2. Goods or Service – the object of the parties' agreement that was selected by the buyer on the website of the Online Store and placed in the cart, or already purchased by the Buyer from the Seller by distance means.

1.3. Online Store – the Seller's website at https://www.roadvibe.store, created for concluding retail and wholesale sale contracts on the basis of the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.


1.4. Buyer – a legally capable individual who has reached 18 years of age, who receives information from the Seller and places an order to purchase goods presented on the website of the Online Store for purposes not related to business activity, or a legal entity or individual entrepreneur.


1.5. Seller – Individual Entrepreneur Romaniuk A. Ya. (identification code 3691203847), established and operating in accordance with the applicable legislation of Ukraine, with the location: Bila Tserkva, vul. Zenitnoho polku 42.


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 the Buyer's full and unconditional acceptance of the terms of the Agreement shall be deemed the date on which the Buyer completes the order form located on the website of the Online Store, provided that the Buyer receives from the Seller confirmation of the order electronically or by telephone call. If necessary, at the Buyer's request, the Agreement may be executed in written form.

2.3. Images of the Goods on the website of the Online Store are illustrative. Minor differences in colour, shade, packaging design, or appearance of the Goods caused by the settings of the Buyer's device screen or by a change of production batch are not a defect of the Goods and shall not be considered non-conformity with the terms of the Agreement.


3. Placing an Order

3.1. The Buyer independently places an order in the Online Store through the «Cart» form, or by placing an order by email or by the telephone number indicated in the contacts section of the Online Store.

3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts as to its validity.

3.3. When placing an order on the website of the Online Store, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfil the order:
3.3.1. surname, first name of the Buyer;
3.3.2. the address to which the Goods are to be delivered (if delivery is to the Buyer's address);
3.3.3. contact telephone number;
3.3.4. identification code for a legal entity or individual entrepreneur.

3.4. The name, quantity, and price of the Goods selected by the Buyer are indicated in the Buyer's cart on the website of the Online Store.

3.5. If either Party to the agreement requires additional information, it has the right to request it from the other Party. In the event the Buyer fails to provide the necessary information, the Seller shall not be liable for the provision of a quality service to the Buyer when purchasing goods in the online 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. The Buyer's acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data into the registration form on the website of the Online Store or when placing an Order through the operator. After an Order is placed through 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 an Order.

3.9. By placing an Order, the Buyer confirms that they are a legally capable individual who has reached 18 years of age, or a duly authorized representative of a legal entity / individual entrepreneur.

3.10. By concluding the Agreement, i.e. by accepting the terms of this proposal (the proposed terms of purchasing the Goods) through placing an Order, the Buyer confirms the following:
a) the Buyer is fully and completely familiarized with and agrees to the terms of this proposal (offer);
b) the Buyer grants permission to collect, process, and transfer personal data; the permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the agreement, the Buyer confirms that they are notified (without further notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", of the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of enabling the fulfilment of the terms of this Agreement, conducting settlements, and obtaining invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to grant access to and transfer their personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a personal data subject under the Law of Ukraine "On the Protection of Personal Data" is known and understood by them.


4. Price and Delivery of Goods

4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the website of the Online Store. All prices for Goods and services are indicated on the website in hryvnias.

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 an individual unit of Goods, the cost of which has been paid by the Buyer in full, may not be changed by the Seller unilaterally.

4.3. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of the delivery services (carriers) directly to the delivery service (carrier) chosen by them.

4.4. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the Buyer's address.

4.5. The Seller may indicate the estimated cost of delivery of the Goods to the Buyer's address upon the Buyer's request to the Seller by sending an email or when placing an order through the online store operator.

4.6. The Buyer's obligations to pay for the Goods are deemed fulfilled from the moment the funds are received into the Seller's account.

4.7. Settlements between the Seller and the Buyer for the Goods are carried out by the methods indicated on the website of the Online Store in the «Payment and Delivery» section.

4.8. Upon receipt of the goods, the Buyer is obliged, in the presence of the representative of the delivery service (carrier) and prior to signing the receipt documents, to verify the conformity of the Goods to the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date), as well as the integrity of the packaging and the absence of external (mechanical) damage. If necessary, the Buyer uses the carrier's service for inspecting (checking) the contents of the shipment.

4.9. Upon acceptance of the Goods, the Buyer or their representative confirms by their signature on the sales receipt / or on the order / or on the transport waybill for the delivery of goods that they have no claims regarding the quantity, appearance, and completeness of the goods. Claims regarding incompleteness, shortage, erroneous contents, or external damage to the Goods, raised after their receipt and the signing of the said documents, are not accepted by the Seller.

4.10. Title and the risk of accidental loss of 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 of the Goods in the case of self-delivery of the Goods from the Seller, or upon the transfer by the Seller of the goods to the delivery service (carrier) chosen by the Buyer. From the moment the Goods are transferred to the carrier, the risks and liability related to transportation (loss, damage, delay in delivery) are governed by the rules of the relevant carrier.

4.11. Estimated delivery times depend on the operation of the carrier chosen by the Buyer and do not constitute an obligation of the Seller. The Seller shall not be liable for the carrier's compliance with delivery times.


5. Rights and Obligations of the Parties

5.1. The Seller is obliged:
5.1.1. To transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except in cases provided for by law and during the fulfilment of the Buyer's Order.

5.2. The Seller has the right:
5.2.1 To change the terms of this Agreement, as well as the prices for Goods and services, unilaterally, by posting them on the website of the Online Store. All changes take effect from the moment of their publication. The version of the Offer in force at the time of placing a specific Order shall apply to that Order.

5.3 The Buyer undertakes:
5.3.1 Prior to concluding the Agreement, to familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the website of the Online Store.
5.3.2 For the Seller to fulfil its obligations to the Buyer, the latter must provide all the necessary data that unambiguously identifies them as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.
5.3.3 To use the Goods in accordance with their intended purpose and the instructions (recommendations) for use, and to comply with the storage conditions of the Goods.


6. Return of Goods

6.1. The Buyer has the right to return to the Seller a non-food product of proper quality if the product did not satisfy them in terms of shape, dimensions, style, colour, size, or for other reasons cannot be used by them for its intended purpose. The Buyer has the right to return a product of proper quality within 14 (fourteen) days, not counting the day of purchase. The return of a product of proper quality is carried out if it has not been used and if its marketable appearance, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment of the Goods, have been preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.

6.2. The refund of the cost of a product of proper quality to the Buyer is carried out within 30 (thirty) calendar days from the moment of receipt of such Goods by the Seller, subject to compliance with the requirements provided for in clause 6.1. of the Agreement and the applicable legislation of Ukraine.

6.3. The cost of the product is subject to refund 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 to the Buyer.

6.5. In the event that defects in the Goods are detected within the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present to the Seller the demands provided for by the Law of Ukraine «On the Protection of Consumer Rights». When presenting demands for the free elimination of defects, the period for their elimination is counted from the date of receipt of the Goods by the Seller into its possession and physical access to such Goods.

6.6. Consideration of the demands provided for by the Law of Ukraine «On the Protection of Consumer Rights» is carried out by the Seller subject to the Buyer providing the documents stipulated by the applicable legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer's violation of the rules of use or storage of the Goods, the actions of third parties, or force majeure.

6.7. The Buyer does not have the right to refuse a product of proper quality that has individually determined properties if the said product can be used exclusively by the Buyer who purchased it (including, at the Buyer's request, non-standard sizes, characteristics, appearance, configuration, and so on). Confirmation that the product has individually determined properties is the difference in the dimensions of the product and other characteristics indicated in the online store.

6.8. The return of goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the «Contacts» section.

6.9. The Parties agree that the intensity, shade, richness, and longevity of the fragrance of the Goods are perceived individually and depend on the conditions of use (temperature, level of ventilation, volume and airing of the room or vehicle interior, individual characteristics of the sense of smell). The Buyer's subjective dissatisfaction with the fragrance is not a defect of the Goods and does not deprive the Buyer of the right to return goods of proper quality solely in the manner and on the terms provided for in clause 6.1 of this Agreement.


7. Liability

7.1. The Seller shall not be 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, as well as as a result of using the Goods for purposes other than intended or in violation of the instructions (recommendations) for use.

7.2. The Seller shall not be liable for improper or untimely fulfilment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.

7.3. The Seller and the Buyer are liable for the fulfilment of their obligations in accordance with the applicable legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer are released from liability for full or partial non-fulfilment of their obligations if the non-fulfilment is a consequence of force majeure circumstances (circumstances of insuperable force), namely: war, military (combat) operations, shelling, missile or other danger, the announcement of an air-raid alert, the introduction of martial law or a state of emergency, mobilization measures, earthquake, flood, fire, and other natural disasters, epidemics and quarantine restrictions, power and communications outages, cyberattacks, decisions and actions of state authorities, as well as the blocking, suspension, or failures in the operation of delivery services (carriers) and banks, which arose independently of the will of the Seller and/or the Buyer. The Party unable to fulfil its obligations due to such circumstances shall notify the other Party within a reasonable time. For the duration of the force majeure circumstances, the time limits for the fulfilment of the Parties' obligations shall be extended accordingly. A certificate of the Ukrainian Chamber of Commerce and Industry constitutes proper confirmation of force majeure circumstances.

7.5. The Buyer is obliged to inspect the Goods at the moment of receipt at the carrier's branch/parcel locker, prior to signing the receipt documents, and to check the integrity of the packaging, completeness, quantity, and the absence of external (mechanical) damage. Claims regarding incompleteness, shortage, erroneous contents, or external damage to the Goods that could have been detected upon receipt and that are raised after the Buyer signs the receipt documents are not accepted by the Seller.

7.6. The Goods are an air-fragrancing product and are not a medicinal product, medical device, or cosmetic product. Individual fragrance components may cause individual sensitivity. The Seller shall not be liable for allergic or other individual reactions of the Buyer or third parties, provided that the Goods are used in accordance with their intended purpose and the instructions (recommendations). The Goods should be stored out of the reach of children.

7.7. To the extent not contrary to the mandatory provisions of the applicable legislation of Ukraine, the Seller shall not compensate for lost profit, indirect losses, or moral damage beyond the limits expressly established by law. The aggregate liability of the Seller under this Agreement is in any case limited to the cost of the relevant Goods, except in cases where a greater amount of liability is expressly established by law.

7.8. No provision of this section limits or excludes the rights of the Buyer-consumer guaranteed by the mandatory provisions of the applicable consumer-protection legislation of Ukraine.


8. Confidentiality and Protection of Personal Data.

8.1. By providing their personal data on the website of the Online Store 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 the Protection of Personal Data», without limitation of the term of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. The provision by the Seller of information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfilment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the applicable legislation of Ukraine, shall not be considered a violation.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller shall not be liable for the poor performance or non-performance of its obligations due to the irrelevance of the information about the Buyer or its non-conformity with reality.

9. Other Terms
9.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the applicable legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In the event that the disputed issue cannot be settled through negotiations, the Buyer and/or the Seller have the right to apply for the resolution of the dispute to the judicial authorities in accordance with the applicable legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally, in the manner provided for 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 the manner provided for by the applicable legislation of Ukraine.
9.4. The recognition of any provision of this Agreement as invalid or unenforceable shall not entail the invalidity of its other provisions.