PUBLIC OFFER AGREEMENT

TRANSLATION NOTICEThis document is a translation of the original Ukrainian version. In the event of any discrepancy, inconsistency or difference in interpretation, the Ukrainian version shall prevail.
1. General provisions
1.1. This document constitutes an official public offer by Sole Proprietor Sharan Danylo Yevhenovych to enter into a distance sales agreement for goods through the website https://aveniks.com.ua/ under the terms set out below.
1.2. Seller details:
Sole Proprietor Sharan Danylo YevhenovychTaxpayer Registration Number (RNOKPP): 3959204552Registered address: 21 Torfiana Street, Lviv, UkrainePhone: +380981304460Email: au.moc.narahs%40selashereinafter referred to as the “Seller”.
1.3. The Agreement is concluded in accordance with the Civil Code of Ukraine, the Commercial Code of Ukraine, the laws of Ukraine “On Electronic Commerce”, “On Consumer Rights Protection”, “On Personal Data Protection” and other laws and regulations of Ukraine.
1.4. The person placing an order is hereinafter referred to as the “Buyer”.
1.5. The terms of this Agreement apply to individuals, sole proprietors and legal entities unless otherwise stipulated by a separate written agreement, invoice, specification or arrangement between the parties.
1.6. When a separate supply agreement is concluded, a specification is approved or an invoice containing special terms is issued, such terms shall prevail over the provisions of this Offer.
2. Key terms
2.1. Website means the Seller’s website available at https://aveniks.com.ua/.
2.2. Product means batteries, battery packs, components and other products presented on the Website or individually agreed upon by the parties.
2.3. Custom Order means a product manufactured or assembled according to the characteristics, dimensions, voltage, capacity, configuration, shape, connectors or other specifications agreed with the Buyer.
2.4. Order means a properly submitted request by the Buyer to purchase a Product.
2.5. Acceptance means the Buyer’s complete and unconditional acceptance of the terms of this Offer.
3. Subject matter of the Agreement
3.1. The Seller undertakes to transfer the Product to the Buyer, and the Buyer undertakes to accept and pay for it under the terms of this Agreement.
3.2. The name, quantity, components, specifications, price and other parameters of the Product are determined by:
• the information on the relevant Product page;• the details of the submitted Order;• an invoice;• a message from the Seller;• a specification agreed upon by the parties;• another written agreement between the parties.
3.3. Product images on the Website are provided for informational purposes. Minor differences in colour, packaging appearance, labelling or individual design elements that do not affect the stated specifications or functionality of the Product shall not be considered defects.
3.4. The Seller must transfer a Product whose specifications correspond to the agreed Order.
4. Placing an order
4.1. The Buyer may place an Order:
• through the Website;• by phone;• by email;• through messaging services;• by another method agreed with the Seller.
4.2. When placing an Order, the Buyer provides the information required for its fulfilment, including:
• the Buyer’s name or company name;• phone number;• email address where required;• delivery details;• the list and quantity of products;• bank transfer details where required;• the specifications of a Custom Order;• other information required to fulfil the Order.
4.3. The Buyer is responsible for the completeness and accuracy of the information provided.
4.4. After receiving the Order, a representative of the Seller may contact the Buyer to verify the contact details, Product availability, specifications, payment and delivery methods and other material terms.
4.5. The Order is deemed accepted by the Seller once it has been confirmed by a representative of the Seller by phone, email, messaging service or another available method.
4.6. Until the Order has been confirmed, the information on the Website does not guarantee that the Product has been reserved.
4.7. When the ordered Product is unavailable or cannot be manufactured under the agreed terms, the Seller shall inform the Buyer and may offer:
• a replacement Product;• a revised fulfilment period;• changes to individual specifications;• cancellation of the Order and a refund of any payment received.
Any changes must be agreed with the Buyer.
5. Conclusion of the Agreement
5.1. Acceptance of this Offer occurs when the Buyer performs one or more of the following actions:
• places an Order on the Website;• confirms the Order to a representative of the Seller;• pays for the Product;• receives the Product;• performs another action indicating acceptance of the terms of the Offer.
5.2. From the moment of Acceptance, the Agreement is deemed concluded between the Seller and the Buyer.
5.3. By placing an Order, the Buyer confirms that they:
• have reviewed the Product specifications;• understand the intended purpose and rules for using the Product;• have reviewed the payment, delivery, warranty, exchange and return terms;• agree to this Offer and the Privacy Policy;• provide accurate and up-to-date information.
6. Product price
6.1. Product prices are stated on the Website in Ukrainian hryvnias unless otherwise agreed by the parties.
6.2. The price of a specific Order is determined when the Order is confirmed by the Seller.
6.3. The price of a Custom or Wholesale Order may be calculated separately, taking into account its specifications, quantity, components, production timeframe and other terms.
6.4. Delivery charges, carrier fees, cash-on-delivery fees and bank charges may not be included in the Product price and shall be paid according to the terms of the selected payment and delivery method.
6.5. The Seller has the right to change prices on the Website. The price may only be changed after the Order has been confirmed with the Buyer’s consent.
6.6. When a technical error is discovered in the price or specifications, the Seller shall inform the Buyer before the Product is transferred. The Buyer may accept the revised terms or cancel the Order.
7. Payment procedure
7.1. An Order may be paid for using one of the available methods:
• bank transfer to the Seller’s account;• cash upon pickup;• payment to the carrier upon receipt;• online payment through a payment service connected to the Website;• another method agreed with the Seller.
7.2. The payment methods available for a specific Order are stated on the Website or agreed with a representative of the Seller.
7.3. An invoice may be issued to the Buyer for payment by bank transfer.
7.4. The payment terms for Custom and Wholesale Orders, including whether an advance payment is required and its amount, are agreed separately by the parties before the manufacture or assembly of the Product begins.
7.5. The Buyer’s payment obligation is deemed fulfilled upon:
• the funds being credited to the Seller’s account;• successful confirmation of the transaction by the payment service;• payment in cash;• payment for the Product upon receipt.
7.6. Fees charged by banks, payment systems or carriers shall be paid according to the rates of the relevant institution unless otherwise agreed by the parties.
8. Delivery and transfer of the Product
8.1. Delivery may be made:
• to a carrier branch;• to a parcel locker;• by the carrier’s courier;• by customer pickup;• through the Seller’s own delivery service;• by another agreed method.
8.2. The specific delivery method, timeframe and cost are agreed when the Order is confirmed.
8.3. The dispatch timeframe depends on Product availability, the Order volume, whether manufacturing is required and the current production workload.
8.4. Delivery times provided by the carrier are estimates. The Seller is not responsible for delays caused by the carrier, air-raid alerts, hostilities, traffic restrictions, power outages or other circumstances beyond the Seller’s control.
8.5. Ownership of the Product passes to the Buyer after full payment and the actual transfer of the Product unless otherwise agreed by the parties.
9. Receipt and inspection of the Product
9.1. Upon receipt, the Buyer must inspect:
• the integrity of the packaging;• the absence of visible damage;• whether the Product name and quantity correspond to the Order;• whether the Order is complete.
9.2. When the packaging or Product has been damaged during delivery, the Buyer is advised to:
• refrain from accepting the damaged shipment without properly documenting the damage;• draw up a report or claim in accordance with the carrier’s rules;• take photos or video of the damage;• notify the Seller immediately.
9.3. Signing the carrier’s documents or accepting the shipment without comments may confirm the absence of visible damage and that the number of packages is correct.
9.4. The provisions of this section do not restrict the Buyer’s rights when a hidden manufacturing defect is subsequently discovered.
10. Quality and warranty
10.1. The Seller guarantees that the Product will comply with the agreed specifications, provided that the Buyer follows the applicable operating, charging, transportation and storage rules.
10.2. The warranty period for battery packs is 12 months from the date the Product is received, unless a different period is stated on the Product page, in the warranty document, invoice or specification.
10.3. When a potential warranty issue is discovered, the Buyer must stop using the Product and contact the Seller.
10.4. To review a warranty claim, the Seller may request:
• the Order number or date;• a description of the issue;• photos or video;• information about the charger and operating conditions;• the Product itself for diagnostics.
10.5. The final decision regarding warranty coverage is made after the Product has been inspected or diagnosed.
10.6. The warranty may not cover faults caused by:
• mechanical damage;• violation of charging rules;• a short circuit;• use of incompatible equipment;• interference with the Product’s design;• unauthorised repairs;• incorrect connection;• exceeding the permitted loads;• improper storage;• exposure to moisture, high temperatures, fire or other external factors outside the stated operating conditions;• natural wear and tear;• other actions by the Buyer or third parties that caused damage.
10.7. When a manufacturing defect has been confirmed, the Seller fulfils its warranty obligations in accordance with applicable law and the agreed warranty terms.
10.8. Non-warranty repairs may be performed for an additional fee after the cost and timeframe have been agreed with the Buyer.
11. Exchanges and returns
11.1. Products are exchanged and returned in accordance with Ukrainian law and the terms published on the “Warranty and Returns” page.
11.2. The Buyer has the right to request an exchange or return of a Product of proper quality within 14 days, excluding the day of purchase, provided that:
• the Product has not been used;• its original condition has been preserved;• its consumer properties, seals, labels and markings have been preserved;• all components have been preserved;• a receipt or other proof of purchase is available.
11.3. Before returning a Product, the Buyer must notify the Seller and obtain instructions regarding the next steps.
11.4. Returning a Product without prior approval may make it more difficult to identify the Product and process the request.
11.5. After receiving the returned Product, the Seller shall inspect its condition, components and compliance with the return requirements.
11.6. The refund timeframe and method are determined by applicable law, the original payment method and the results of the returned Product inspection.
11.7. The Buyer’s rights when purchasing a Product of improper quality are determined by the applicable laws of Ukraine.
12. Custom Orders
12.1. Before a custom battery pack is manufactured, the parties agree on the main Product specifications, including:
• voltage;• capacity;• configuration;• dimensions;• shape;• connector type and location;• cable length and type;• other important specifications.
12.2. The Buyer must provide complete and accurate information about the equipment, operating conditions and required specifications.
12.3. The Seller is not responsible for incompatibility caused by incorrect or incomplete information provided by the Buyer when the Product complies with the agreed specification.
12.4. Changes to the agreed specifications after manufacturing has begun are only possible with the Seller’s consent and may affect the price and fulfilment period.
12.5. The payment terms, manufacturing timeframe and the possibility of cancelling, exchanging or returning a Custom Order are agreed separately by the parties, taking into account Ukrainian law and the specific features of the relevant Product.
12.6. When a Product is manufactured using components supplied by the Buyer, the parties separately agree on the list and condition of such components and the limits of the Seller’s liability.
13. Rights and obligations of the parties
13.1. The Seller must:
• provide the Buyer with accurate information about the Product;• transfer the Product in accordance with the agreed Order;• ensure the confidentiality of personal data;• fulfil its warranty obligations;• notify the Buyer of circumstances that materially affect fulfilment of the Order.
13.2. The Seller has the right to:
• clarify the Order details;• refuse to fulfil an Order that cannot be performed technically or lawfully;• suspend fulfilment until the required information or payment is received;• engage third parties for the delivery, payment processing and servicing of the Order;• amend the information on the Website and the terms of this Offer.
13.3. The Buyer must:
• provide accurate information;• pay for and receive the Product on time;• inspect the Product upon receipt;• follow the operating, charging and storage rules;• refrain from using a damaged, deformed, overheated or faulty battery;• notify the Seller immediately of any identified fault.
13.4. The Buyer has the right to:
• receive information about the Product and Order status;• require the transfer of a Product that complies with the agreed specifications;• exercise their warranty rights;• request an exchange, return or repair;• exercise other rights provided by law.
14. Liability of the parties
14.1. The parties are liable for failure to perform or improper performance of their obligations in accordance with applicable law and this Agreement.
14.2. The Seller is not responsible for the consequences of:
• the Buyer selecting incorrect specifications;• using the Product for purposes other than those intended;• using a faulty or incompatible charger;• incorrect connection;• violation of the operating and storage rules;• unauthorised interference with the Product’s design;• continued use of the Product after signs of a fault have appeared;• actions of third parties.
14.3. The Seller is not responsible for delays or inability to fulfil its obligations caused by circumstances beyond its control.
14.4. No provision of this Offer restricts any rights of the Buyer that cannot be contractually limited under Ukrainian law.
15. Force majeure
15.1. The parties are released from liability for complete or partial failure to fulfil their obligations as a result of force majeure circumstances.
15.2. Such circumstances may include:
• hostilities;• air-raid alerts and shelling;• the blocking or restriction of transport connections;• fires, floods and other natural disasters;• prolonged emergency power or communication outages;• decisions of government authorities;• other extraordinary and unavoidable circumstances.
15.3. A party unable to fulfil its obligations due to such circumstances must, where possible, notify the other party.
16. Personal data
16.1. By placing an Order, the Buyer confirms that they have reviewed the Privacy Policy published on the Website.
16.2. Personal data is processed for the purpose of placing, paying for, delivering and servicing the Order, fulfilling warranty obligations and complying with legal requirements.
16.3. Data may be transferred to carriers, banks, payment services and other persons only to the extent required to fulfil the Order.
17. Dispute resolution
17.1. The parties shall attempt to resolve all disputes through negotiations and the exchange of written communications.
17.2. The Buyer may send an enquiry using the Seller’s contact details specified in this Offer.
17.3. When a dispute cannot be resolved through negotiations, it shall be considered in accordance with the procedure established by Ukrainian law.
18. Term and amendment of the Offer
18.1. The Offer enters into force when it is published on the Website and remains effective until it is withdrawn or replaced by a new version.
18.2. The Seller has the right to amend the terms of the Offer. The new version applies to Orders placed after its publication unless otherwise provided by law.
18.3. The version of the Offer in force when an Order is placed applies to that Order unless otherwise agreed by the parties.
19. Seller details
Sole Proprietor Sharan Danylo Yevhenovych
Taxpayer Registration Number (RNOKPP): 3959204552Registered address: 21 Torfiana Street, Lviv, UkraineIBAN: UA703348510000000026004318361Bank: JSC “PUMB” (First Ukrainian International Bank)Phone: +380981304460Email: au.moc.narahs%40selasWebsite: https://aveniks.com.ua/