Public contract (offer) for the sale of goods

Lutsk / village Rivne, Kovel district, Volyn region. The revision is effective from the date of publication on the website

This document is an official public proposal (offer) of the Berry Farm Ukraine farm (EDRPOU code 39441350, location: Volyn region, Kovelsky district, Rivne village) (hereinafter referred to as the "Seller"), addressed to an unlimited number of individuals and legal entities, to enter into a contract for the sale of goods (fruit, berry, ornamental plant seedlings, trees, fertilizers and related products, hereinafter referred to as the "Product") remotely through the online store located at berry-farm.com and its language versions (hereinafter referred to as the "Online Store"), under the conditions set forth below.

The contract is a public contract in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine, as well as a contract concluded at a distance, in accordance with the Law of Ukraine "On Protection of Consumer Rights" and the Law of Ukraine "On Electronic Commerce". Full and unconditional acceptance (acceptance) of the terms of this Agreement is carried out by the Buyer by placing an Order in the online store, confirming the Order by phone or actually paying for the Goods, which is equivalent to signing the Agreement in writing.

1. Terms and definitions

1.1. The seller is the "Berry Farm Ukraine" farm, EDRPOU code 39441350, which sells the Goods through the Internet store.

1.2. Buyer (Customer) is a legally competent natural person, natural person-entrepreneur or legal entity who placed an Order in the Online Store and accepted the terms of this Agreement.

1.3. The recipient is the person who actually receives the Goods (the Buyer or a third party specified by the Buyer when placing the Order).

1.4. The product is seedlings of fruit, berry and decorative crops, trees, fertilizers and other products presented in the catalog of the online store. The Buyer is aware that the Goods are living plants (planting material) that have natural biological features.

1.5. Order is a duly completed application of the Buyer for the purchase of the Goods, made through the website, by phone or in the messengers specified on the website.

1.6. The carrier is a postal operator or a transport company (including JSC "Ukrposhta", LLC "Nova poshta" and others), which delivers the Goods to the Recipient on behalf of the Seller or the Buyer.

1.7. Complaint (claim) is a written or oral (recorded) appeal of the Recipient to the Seller or the Carrier regarding the non-compliance of the Goods in terms of quantity, completeness or quality.

2. Subject of the Agreement

2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to accept the Goods and pay its value in the manner and under the conditions specified in this Agreement.

2.2. The assortment, price, quantity and characteristics of the Goods are determined on the basis of the online store catalog valid at the time of placing the Order.

3. Order processing procedure

3.1. The order is placed by the Buyer independently on the website of the online store by adding the Product to the basket and filling in the necessary contact data, or by phone or in the messengers (Telegram, Viber) indicated on the website.

3.2. The minimum amount of the Order is determined by the online store and indicated on the website at the time of placing the Order.

3.3. After placing the Order, the Seller's manager contacts the Buyer to confirm the assortment, quantity, cost, method of payment and delivery. The contract is considered concluded from the moment of such confirmation.

3.4. The Seller reserves the right to refuse to process the Order if the Product is not in stock, there is an error in the price or description of the Product on the website, as well as if it is impossible to contact the Buyer to confirm the Order.

4. Price of the Product and payment procedure

4.1. Prices for the Goods are indicated in the national currency of Ukraine (hryvnias) on the pages of the online store and may be changed by the Seller unilaterally until the Order is confirmed. The price confirmed by the manager when placing the Order is final for this Order.

4.2. Payment is made in one of the ways available in the online store: cash upon receipt of the Product (cash on delivery), online payment by payment card, cashless payment for legal entities and individual entrepreneurs.

4.3. The cost of delivery of the Goods is paid by the Buyer additionally, unless otherwise agreed by the parties, and is determined by the tariffs of the selected Carrier. 

5. Terms of delivery of the Goods

5.1. Delivery of the Goods is carried out in one of the following ways: courier delivery in the city, delivery by carriers on the territory of Ukraine, self-pickup from the Seller's nursery (Volyn region, Kovel district, Rivne village).

5.2. Orders are shipped by the Seller on the days specified in the shipping schedule (usually Wednesdays and Fridays), about which the Buyer is informed by the manager when confirming the Order.

5.3. The risk of accidental destruction or damage to the Goods passes from the Seller to the Buyer from the moment of handing over the Goods to the Carrier (for delivery by mail/transport company) or from the moment of handing over (loading) the Goods to the Buyer (for pickup or delivery by the Seller's transport).

5.4. The Seller is not responsible for the terms of delivery of the Goods by the Carrier, as well as for the Carrier's actions or inactions that are beyond the Seller's control.

6. Product quality and guarantees

6.1. The Seller guarantees the varietal conformity and phytosanitary quality of the Goods, grown by the in-vitro laboratory method (microclonal reproduction) with purification from viruses, provided that the Buyer complies with the rules of transportation, storage and agricultural technology specified in the accompanying materials of the Seller.

6.2. The Buyer acknowledges and agrees that the Product is living planting material, which is characterized by natural biological features (seasonal fluctuations in the state of the leaves, temporary wilting during transportation, minor deviations in size within the same assortment, etc.), which in themselves are not a defect of the Product and grounds for a complaint.

7. Terms of return and exchange of Goods

7.1. According to the List of goods of proper quality that are not subject to exchange (return), approved by the Resolution of the Cabinet of Ministers of Ukraine dated 19.03.1994 No. 172, plants of proper quality are not subject to exchange or return for reasons not related to the defects of the Product (in particular, for reasons of subjective reluctance of the Buyer, mistakes in choosing a variety, etc.). The provisions of this section exclusively regulate the procedure for accepting and considering complaints (claims) regarding the quantity, completeness and quality of the Goods discovered upon receipt.

7.2. Receiving the Goods by mail (through the Carrier).

7.2.1. When receiving the Goods by mail, the Customer (Recipient) has the right to inspect the Goods and, if there are grounds, to return them in the manner specified in this clause.

7.2.2. The inspection of the Goods for compliance with quantity, completeness and quality is carried out by the Recipient directly at the Carrier's office (post office) until the moment of signing the documents on receipt of the Goods.

7.2.3. The goods are stored in the Carrier's office (post office) for no more than 3 (three) calendar days from the moment of its arrival at the office until the time of inspection by the Recipient. The Recipient is obliged to provide an inspection of the Goods within the specified period.

7.2.4. In the event that during the inspection, non-conformity of the Goods in terms of quantity, completeness or quality is detected, the Recipient is obliged to draw up the appropriate act at the Carrier's branch (if such an opportunity exists) and immediately, but not later than the period specified in clause 7.2.3, notify the Seller about it in the manner specified in clause 7.5 of this Agreement.

7.2.5. Payment of the cost of returning such Goods (return shipment from the Carrier's office) is borne by the Seller as the sender of the Goods. The costs of returning the Goods, the return of which is due to other reasons rather than defects of the Goods, shall be agreed upon by the Parties separately.

7.3. Delivery of the Goods by transport (employee) of the Seller.

7.3.1. In the case of delivery of the Goods by means of transport and/or by the Seller's employee, complaints (claims) regarding the quantity, completeness or quality of the Goods shall be accepted by the Seller from the Recipient within 3 (three) calendar days from the moment of actual receipt of the Goods.

7.3.2. Complaints are submitted by any confirmed communication channel, which makes it possible to record the fact and content of the appeal, in particular: a phone call to the Seller's contact number, a message to the messenger (Telegram, Viber), an e-mail to the Seller's address, a written statement. An appeal in oral form without fixing the content is not considered a filed complaint.

7.4. Self-delivery of goods.

7.4.1. In the case of self-delivery of the Goods by the Buyer directly from the Seller's nursery (warehouse), the inspection of the Goods for compliance with quantity, completeness and quality, as well as the acceptance of complaints (claims), are carried out exclusively at the time of transfer (loading) of the Goods to the Buyer.

7.4.2. After the Buyer signs the documents on receipt of the Goods and/or the Buyer (with his vehicle) leaves the territory of the Seller's nursery (warehouse), claims regarding the quantity, completeness and external condition of the Goods are not accepted, with the exception of hidden defects that could not be detected during a normal inspection.

7.5. Complaints handling procedure. The Seller considers the complaint filed in accordance with this section within 14 (fourteen) calendar days from the day of its receipt and notifies the Buyer of the decision made (satisfaction of the complaint by refund/replacement of the Product or motivated refusala

7.6. In the event of satisfaction of the complaint, the refund shall be made by the Seller in the same way as the payment was made (or to the Buyer's bank account/card at his/her choice), within 5 (five) business days from the date of the relevant decision, unless otherwise agreed by the Parties.

8. Rights and obligations of the Parties

8.1. The Seller shall: transfer to the Buyer the Goods of proper quality and within the time limits agreed upon by the Parties; provide the Buyer with reliable information about the Goods, the payment and delivery procedure; consider the Buyer's complaints in accordance with the procedure specified in Section 7.

8.2. The Buyer shall: timely pay for the Order; ensure inspection of the Goods in accordance with the procedure specified in Section 7; provide the Seller with reliable contact details and delivery address; follow the recommendations for transportation, storage and unloading of the Goods.

8.3. The Seller has the right to involve third parties (Carriers, payment systems) in the performance of this Agreement without separate consent of the Buyer.

9. Liability of the Parties

9.1. The Parties shall be liable for failure to perform or improper performance of obligations under this Agreement in accordance with the current legislation of Ukraine.

9.2. The Seller is not responsible for the further development and survival of the Goods (seedlings) in the event of the Buyer's violation of agrotechnical recommendations regarding planting, watering, fertilizing or storage conditions of the Goods after receipt.

9.3. The Seller is not responsible for delay in delivery, loss or damage to the Goods due to the fault of the Carrier, provided that the Goods are properly transferred to the Carrier.

10. Force majeure

10.1. The Parties are exempt from liability for partial or complete failure to fulfill obligations under this Agreement if such failure was a consequence of force majeure circumstances, in particular, but not exclusively: military actions, emergency or martial law, natural disaster, actions of government authorities, disruptions in transport, energy supply or communication that arose after the conclusion of the Agreement and which the Parties could not foresee or prevent.

10.2. The appropriate confirmation of the occurrence of force majeure is a certificate from the Chamber of Commerce and Industry of Ukraine.

11. Personal data

11.1. By placing an Order, the Buyer gives the Seller consent to the processing of his personal data in accordance with the Privacy Policy posted on the website of the Online Store, which is an integral part of this Agreement.

12. Dispute resolution procedure

12.1. All disputes and disagreements arising in connection with the performance of this Agreement shall be resolved through negotiations. The term for consideration of a claim is 14 (fourteen) calendar days from the date of its receipt by the Seller.

12.2. In the event of failure to reach an agreement, the dispute shall be referred to court in accordance with the procedure established by the current legislation of Ukraine, at the place of registration of the Seller or under the rules of jurisdiction established by the legislation on consumer protection.

13. Term and change of the terms of the Agreement

13.1. The Agreement is valid from the moment of acceptance by the Buyer (placement of the Order) until the Parties fully fulfill their obligations.

13.2. The Seller has the right to unilaterally make changes to this Agreement by publishing a new version on the website of the Online Store. The changes come into force from the moment of publication, unless otherwise specified. Orders placed before the changes are made, the version of the Agreement valid at the time of placing such an Order is applied.

14. Seller's details

Farm "Berry Farm Ukraine"

EDRPOU code: 39441350

Location: Volyn region, Kovelsky district, village Rivne

Phone: +38 050 447 22 03

E-mail: berryfarm.ukraine@gmail.com

Website: berry-farm.com