Public Offer Agreement (Contract)

The Public Offer 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). By fully agreeing to this Agreement, the Buyer accepts the terms and procedure for placing an order, paying for goods, delivering goods, and the conditions of this agreement.

This text is an agreement between the West Station online store at https://west-station.com/, hereinafter referred to as the “Seller”, and any legal or natural person, user of the Seller’s services, hereinafter referred to as the “Buyer”, and defines the terms of purchase of goods through the Seller’s website.

This agreement is a public offer, is the equivalent of an “oral agreement,” and has proper legal force in accordance with the current legislation of Ukraine.

1. TERMS AND DEFINITIONS

1.1. “Public Offer Agreement” – a public agreement, the sample of which is posted on the website https://west-station.com/ (hereinafter – the Site) and the application of which is mandatory for the Seller, containing the Seller’s offer for the purchase of Goods, the images of which are posted on the Seller’s Site, addressed to an indefinite circle of persons, including Buyers.

1.2. “Acceptance” – the Buyer’s acceptance of the Seller’s offer to purchase the Goods, the image of which is posted on the Site, by adding it to the virtual basket and placing an Order.

1.3. “Order” – a properly placed application by the Buyer for the purchase of Goods on the website https://west-station.com/ or by phone call to the numbers specified on the Site, including calls placed using the Site’s “Call me back” service.

1.4. “Goods” – an item of trade (product, model, accessory, components and related items, any other items of trade) for the purchase of which the Seller’s offer is posted on the Site https://west-station.com/.

1.5. “Buyer” – any legally capable, adult natural person, legal entity, individual entrepreneur, in accordance with the current Ukrainian legislation, who has visited the Site https://west-station/ and intends to purchase a specific product, and has also agreed to the terms of this Agreement.

1.6. “Seller” – any legally capable natural person, legal entity, individual entrepreneur, in accordance with current international and Ukrainian legislation, who is the owner or distributor of the Goods and intends to sell it through the Site https://west-station.com/.

1.7. “Legislation” – norms established by Ukrainian or international legislation for regulating contractual legal relations under the Agreement.

1.8. “Significant Defect of the Goods” – a defect that makes it impossible or unacceptable to use the Goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller), and reappears after its elimination due to reasons beyond the consumer’s control.

2. GENERAL PROVISIONS

2.1. This agreement is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all essential terms for the organization of purchase and sale.

2.2. Contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Pressing the “Buy” and “Place Order” buttons on the Order placement page of the internet resource means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current Ukrainian legislation, has accepted the terms of the Public Offer Agreement, which are set out below.

2.3. This Agreement enters into force from the moment the “Buy” and “Place Order” buttons are pressed on the Site https://west-station.com, by which the Buyer consents to purchase the Goods available from the Seller, or from the moment the order is placed by calling the Seller’s phone number, and remains in effect until the Buyer or a third party designated by the Buyer receives the Goods from the Seller and full settlement is made with the Seller.

2.4. The Site Administration has the right to change the terms of this Agreement unilaterally at any time. The amended Agreement enters into force three days after the date the updated version is posted on the Site. In case of disagreement with the updated version of the Agreement, the Buyer may completely stop using the services and materials of the Site, and refuse access to the Site.

3. SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes, under the terms and procedure determined by this Agreement, to sell the Goods based on the Order, and the Buyer undertakes, under the terms and procedure determined by this Agreement, to buy the Goods and pay money for them.

3.2. The Seller guarantees that the Goods are not pledged, are not subject to dispute, are not under arrest, and there are no third-party rights to them. 3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction, or a transaction concluded under pressure or deception.

3.4. The Seller confirms that it has all necessary permits to carry out economic activities regulating the sphere of legal relations that arise and operate during the execution of this Agreement, and also guarantees that it has the right to sell the goods without any restrictions, in accordance with the requirements of current legislation of Ukraine, and undertakes to be responsible in case of violation of the Buyer’s rights during the execution of this Agreement and the sale of the goods.

3.5. By agreeing to the terms of the Agreement, the Buyer confirms their legal capacity and competence, including reaching the age of 18, and is aware of the responsibility for the obligations imposed on them as a result of concluding this Agreement.

4. RIGHTS AND OBLIGATIONS OF THE SELLER

4.1. The Seller is obliged to:

Comply with the terms of this Agreement;
Fulfill the Buyer’s orders in case of receiving payment from the Buyer;
Transfer the goods to the Buyer in accordance with the selected sample on the relevant page of the Site, the placed Order, and the terms of this Agreement;
Check the quality of the product packaging and its quantity before sending the order;
Inform the Buyer about a possible additional commission from the bank or payment systems when paying for orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards by informing in this Agreement.

4.2. The Seller has the right to:

Unilaterally suspend the provision of services under this Agreement in case of violation of the terms of this Agreement by the Buyer.

5. RIGHTS AND OBLIGATIONS OF THE BUYER

5.1. The Buyer agrees not to take actions that may violate Ukrainian legislation or international law norms, including in the sphere of copyright and/or related rights, intellectual property, as well as any actions that may lead to a malfunction of both the Site itself and its services.

5.2. The use of any materials on the Site without obtaining the consent of the Site’s rights holders is unacceptable. The lawful use of any materials on the Site is possible upon concluding appropriate licensing agreements with the rights holders.

5.3. When citing materials from the Site, a link to the Site is mandatory (when citing by an internet site – a hyperlink to the Site).

5.4. The Buyer is warned that the Site Administration is not responsible for visiting and using those internet resources to which links may be placed on the Site.

5.5. The Buyer agrees that the Site Administration is not responsible and has no direct or indirect obligations to the Buyer in connection with the use of information placed on the Site or links to external resources, which may subsequently lead to any possible or incurred losses or damages associated with any content of the Site, copyright registration and information about such registration, goods or services available or obtained through external websites, resources or other contacts of the Buyer.

5.6. The Buyer accepts the provision that the services and materials of the Site may be accompanied by advertising. The Buyer agrees that the Site Administration bears no responsibility and has no obligations in connection with such advertising.

5.7. The Buyer is warned that the Site Administration has the right to delete a review (comment) left on the Site about the product, without notifying the author of this comment, if: the review (comment) in context does not relate to the product itself, does not carry any recommendatory message for other visitors to the Site, but may contain links to other unknown resources, etc., information that is unreliable, offensive statements, information discrediting the honor, dignity and business reputation of both the company itself and its representatives, including our clients.

5.8. The Buyer is warned that all telephone calls made by them to the numbers indicated on the Site, calls regarding their online orders placed on the Site, as well as calls to the numbers left in the Site’s “Call me back” service, may be recorded.

5.9. The Buyer is obliged to:

Independently place an order on the Seller’s Site;
Correctly indicate their data when placing an order to receive the order number;
Timely pay for and receive the order under the terms of this Agreement;
Familiarize themselves with the information about the product posted on the Seller’s Site;
Upon receipt of the Goods, check the external integrity of the packaging, and then open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and the completeness of its set. In case of damage or incomplete set of the Goods – inform the Seller about it.
Inform the Seller’s representative about the detected defects and agree on the replacement of the goods within 1 (one) day from the moment of receiving the Goods.

5.10. The Buyer has the right to:

Place an Order on the relevant page of the Site;
Indicate on the Site the possibility of receiving the Goods by a Third party, defined and indicated by the Buyer;
Refuse to accept the goods – refuse or return them to the Seller in case of detection of Goods of inadequate quality or defects, incomplete set, mis-sorting, etc.

6. ORDER PLACEMENT PROCEDURE

6.1. The Buyer independently places the Order on the relevant page of the Sitehttps://west-station.com by adding Goods to the virtual basket by clicking the “Buy” button, or by placing an order via email, or by calling the phone number specified in the contacts section of the Site https://west-station.com.

6.2. The term for Order processing is up to 2 working days from the moment it is placed. If the Order is placed on a weekend or holiday, the processing period begins on the first working day after the weekend.

6.3. After placing the Order, the Buyer receives SMS notifications to the mobile phone number indicated by them, informing about the Order statuses until the moment the Order is dispatched.

6.4. The Order is issued to the Buyer (or their authorized person) by the Seller’s representative only upon presentation of the order number or the phone number to which the Order was placed.

6.5. Receiving the Order through another logistics delivery service (hereinafter – Carrier Company), with which the Seller cooperates, occurs according to the terms of the Carrier itself.

7. AGREEMENT PRICE AND PAYMENT PROCEDURE

7.1. The price of each individual Goods is determined by the Seller and indicated on the relevant page of the Site. The price of the Order is determined by summing the prices of all selected Goods and the delivery price, which is determined depending on the delivery method, in accordance with the terms of Section 8 of this Agreement.

7.2. The Order value may vary depending on the price, quantity, or nomenclature of the Goods.

8. TERMS OF PAYMENT AND DELIVERY OF GOODS

8.1. The payment and receipt procedure is specified on the relevant page of the Site in the “Payment and Delivery”, The Buyer can pay for the order in the following ways:

Cash upon receipt of the order at the customer service point or upon delivery by the Seller’s courier to the address;
Cash on delivery upon receipt of the Order at the representative office of the Carrier Company;
Payment card through payment systems, POS terminals, and self-service terminals;
Non-cash payment via invoice with the possibility of receiving a tax invoice;
Any other way by agreement with the Seller, which does not contradict the legislation of Ukraine.

8.3. The Buyer receives the Goods through delivery or receives them personally at the Seller’s customer service point.

8.4. When delivering goods to other cities of Ukraine, carried out by other Carrier Companies, the Buyer fully and unconditionally agrees with the Rules for the transportation of goods by these carrier companies.

8.5. The fact of receiving the Goods and the absence of claims regarding the quality of the Goods, including the absence of defects, incomplete set, mis-sorting, etc., delivered by the Carrier Company, is confirmed by the Buyer’s own signature on the consignment note/declaration of the Carrier Company, or on the sales invoice upon receipt of the goods. For its part, the Seller guarantees the shipment of the goods to the Carrier Company in the quantity specified and paid for by the Buyer, in completeness according to the specification of this product, and in proper (working) condition and quality.

8.6. In the event of the Buyer’s absence at the delivery address specified by them in the Order, or the Buyer’s refusal to accept the Goods for unfounded reasons when delivered by the Carrier Company’s courier, the Goods are returned to the Seller. Payment for the Carrier Company’s services is deducted from the amount transferred by the Buyer for the Goods. The remaining amount is returned to the Buyer based on their application specifying the bank account to which the funds should be returned, and the Buyer’s detailed data (surname, first name, patronymic, identification code, place of residence), including passport data (series, passport number, by whom and when issued, place of registration). Re-delivery of the same Goods is paid for additionally.

8.7. All questions arising during the payment and receipt of the Goods can be clarified by the Buyer using the contact details in the Contacts section.

9. TERMS OF GOODS RETURN

9.1. In accordance with Article 9 of the Law of Ukraine “On Consumer Rights Protection,” the Buyer has the right to exchange Goods of proper quality within fourteen days, not counting the day of purchase, unless a longer period is announced by the Seller. The Seller has announced a return period for Goods of proper quality of within 30 (thirty) days from the moment of receipt.

9.2. The Buyer has the right to exchange Goods of proper quality for an analogous one with the Seller from whom it was purchased, within 30 (thirty) days from the moment of receipt, if the Goods did not satisfy them in terms of shape, dimensions, color, size, or for other reasons cannot be used for their intended purpose. The exchange of Goods of proper quality is carried out if it has not been used and if its marketable appearance, consumer properties, seals, labels, as well as the settlement document issued to the Buyer together with the sold goods are preserved. In this case, the carrier’s services are paid by the Buyer. If at the time of the exchange an analogous Goods is not available for sale, the Buyer has the right to either purchase any other Goods from the available assortment with a corresponding recalculation of the cost, or terminate the agreement and receive a refund of the cost of the returned Goods, or exchange the Goods for an analogous one upon the first receipt of the relevant Goods for sale. Upon termination of this Agreement, settlements with the Buyer are made based on the cost of the Goods at the time of its purchase. The money paid for the Goods is returned to the Buyer on the day of termination of the Agreement, or if it is impossible to return the funds on the day of termination of the Agreement – within another period by agreement of the parties, but no later than within 7 (seven) days.

9.3. The return of the Goods must occur in the original packaging in which the Goods were received.

9.4. If the Buyer intends to return the Goods, such a return is carried out by returning the Goods and notifying the Seller in accordance with the Site section “Return and Exchange”, taking into account the rules and conditions of the Carrier Company.

If the returned Goods comply with Part 2 of clause 9.2., the request for acceptance of the Goods for return is satisfied, and the Seller returns the cost of the Goods in accordance with Parts 2-4 of clause 9.2. of this Agreement.

If the request is denied, in accordance with Part 2 of clause 9.2. of this Agreement, the Buyer is notified of this with an explanation of the reason for such a decision (marketable appearance is not preserved; the goods were used and show signs of use, etc.). The Seller sends such Goods back to the Buyer and is subsequently not responsible for the preservation of such Goods. Claims from the Buyer are not considered.

9.5. Upon receipt of the Goods, the Buyer is obliged to check the Order and directly verify its proper external condition (absence of mechanical damage) and the completeness of its set. In case of at least one of the listed defects in clause 5.1., the Buyer has the right to refuse to accept the goods or return them to the Seller. If possible, the defects should be recorded by means of photo or video filming. The Buyer is obliged to inform the Seller’s representative about the detected defects and agree on the replacement of the goods within 1 (one) day from the moment of receiving the Goods.

9.6. The Parties agreed that in case of non-compliance with the mandatory requirements of the specified procedure in clauses 5.1., 5.2., and 9.5., the Buyer’s receipt of the Goods is recognized in proper condition, i.e., without any mechanical damage and in complete set.

9.7. Upon receipt of Goods of inadequate quality or upon detection of significant defects within the established warranty period that arose due to the fault of the product manufacturer, or falsification of the goods, confirmed by an expert opinion, the Buyer has the right, in the manner and within the terms established by the legislation of Ukraine, to submit a claim for the quality of the goods – reclamation – through the Seller.

9.8. Upon confirmation of the defect/fault or falsification of the part, the Buyer may demand from the Seller a refund for the purchased goods / replacement or repair of this Goods with the same / analogous goods from those available from the Seller (at the client’s request).

9.9. The procedures specified in clause 9.7. are carried out upon submission of a package of documents and in accordance with the Site section “Return and Exchange”.

10. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION

10.1. The Parties are responsible for the non-performance or improper performance of the terms of this Agreement in the manner provided for by this Agreement and the current legislation of Ukraine.

10.2. In case of disputes related to the performance of this Agreement by the Parties, except for disputes regarding the recovery of debt from the Buyer, the Parties undertake to resolve them through negotiations with compliance with the claim procedure. The term for reviewing a claim is 7 (seven) calendar days from the date of its receipt. For disputes regarding the recovery of debt from the Buyer, compliance with the claim procedure is not required.

10.3. All disputes, disagreements, or claims arising out of or in connection with this Agreement, including those concerning its performance, violation, termination, or invalidity, are subject to resolution in the relevant court under the substantive and procedural law of Ukraine.

10.4. The Seller is not responsible, cannot act as a defendant in court, and does not compensate for losses incurred by the Buyer due to the action or inaction of third parties and in case of providing incorrect data when placing an Order.

10.5. The Buyer is responsible for the preservation of the Order number in case of its transfer to third parties; the Seller is not responsible for the transfer of the goods in this case.

10.6. All possible disputes arising out of or related to this Agreement are subject to resolution in accordance with the current legislation of Ukraine.

10.7. Nothing in the Agreement can be understood as establishing between the Buyer and the Site Administration agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations not directly provided for by the Agreement.

10.8. The recognition by a court of any provision of the Agreement as invalid or unenforceable does not entail the invalidity of the other provisions of the Agreement.

10.9. The inaction on the part of the Site Administration in case of violation of the provisions of the Agreement by any of the Buyers does not deprive the Site Administration of the right to take appropriate actions later in defense of its interests and the protection of copyrights to the Site materials protected in accordance with the legislation.

11. FORCE MAJEURE CIRCUMSTANCES

11.1. The Parties are not responsible for the non-performance of any of their obligations, except for payment obligations, if they prove that such non-performance was caused by force majeure circumstances, i.e., events or circumstances that are truly beyond the control of such Party, occurred after the conclusion of this Agreement, and are of an unpredictable and unavoidable nature. Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of Goods, delays of carriers caused by accidents or unfavorable weather conditions, dangers and accidents at sea, embargoes, catastrophes, restrictions imposed by state authorities (including prohibitions, official requirements, quotas, and price control), if these circumstances directly affected the performance of this Agreement.

11.2. The Party for whom it became impossible to fulfill obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances, and also provide the other Party with confirmation of the force majeure circumstances within 30 (thirty) calendar days. Such confirmation will be a certificate, document, or other relevant document issued by an authorized state body located at the place of occurrence of the force majeure circumstances.

11.3. The time required for the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was delayed due to the listed circumstances.

11.4. If, due to the effect of force majeure circumstances, the non-performance of obligations under this Agreement continues for more than three months, each of the Parties has the right to terminate this Agreement unilaterally, by notifying the other party in writing. Despite the occurrence of force majeure, before terminating this Agreement due to force majeure circumstances, the Parties shall perform final mutual settlements.

12. OTHER TERMS OF THE AGREEMENT

12.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the purpose of fulfilling their Orders (sending messages about the order of Goods, sending advertising messages, etc.).

12.2. By their own Acceptance of the Agreement or registration on the Site (placing an order), the Buyer voluntarily gives consent to the collection and processing of their personal data for the following purpose: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, transmitting advertising and special offers, information about promotions, sweepstakes, or any other information, including information about the Seller’s activities, through telecommunication means (email, mobile communication). For the purposes provided for in this clause, letters, messages, and materials may be sent to the Buyer’s postal address, e-mail, as well as sending SMS and Viber messages, including making calls to the number specified in the Order.

12.3. The Buyer grants the right to process their personal data, including: placing personal data in databases (without additional notification about this), carrying out lifelong storage of data, their accumulation, updating, modification (as needed). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to disseminate or transfer data to any third party (except for the transfer of data to related persons, commercial partners, persons authorized by the Seller to directly process the data for the specified purposes, as well as upon mandatory request from a competent government body).

12.4. In case of unwillingness to receive mailings, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or electronic address info@west-station.com or by calling the hotline +38 (096) 511-03-99.

12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an Order. The Buyer is responsible for the reliability of the information specified when placing the Order.

12.6. The Seller reserves the right to unilaterally make changes to this Agreement with its prior publication on the Site.

12.7. The Buyer confirms that they are familiar with all clauses of this Agreement and unconditionally accept them.

Public Offer Agreement (Contract)