PUBLIC OFFER AGREEMENT
1. GENERAL PROVISIONS
1.1. This Agreement is an official and public offer by sole proprietor Diana Romanivna Bershadska (hereinafter, the Seller) to enter into a contract for the sale of Goods presented on the website https://www.psykholoh.com/we-poruch.
1.2. Pursuant to Articles 633 and 641 of the Civil Code of Ukraine, this Agreement constitutes a public offer and its terms are the same for all buyers regardless of status. Acceptance of the Offer by the Buyer constitutes unconditional acceptance of all its terms and confirms that this Agreement has been concluded.
1.3. Acceptance of this Offer occurs when goods are ordered through the Website or social media, or when payment is made.
1.4. If the Buyer does not agree to the terms of this Offer, the Buyer may not place an order or purchase goods from the Seller.
2. TERMS AND DEFINITIONS
2.1. Public Agreement (hereinafter, the “Agreement”) means this public agreement, the text of which is posted on the Website and whose terms are binding on both the Seller and the Buyer.
2.2. Acceptance (acceptance of the Offer) means the Buyer’s full and unconditional consent to the Seller’s offer to purchase Goods described on the Website, expressed by performing the actions specified in the Agreement.
2.3. Seller means sole proprietor Diana Romanivna Bershadska (taxpayer registration number 3728703526), registered and operating in accordance with the laws of Ukraine.
2.4. Buyer means an individual who, of their own free will and in the manner provided by this Agreement, has fully accepted all of its terms without exception.
2.5. Website means the Seller’s web resource available at: https://www.psykholoh.com/we-poruch, created for concluding retail sales agreements on the basis of the Buyer reviewing the offered description of the Goods via the Internet.
2.6. Order means a duly completed request placed by the Buyer on the Website for the purchase of Goods and addressed to the Seller.
2.7. Goods means goods and/or services offered for sale on the Website.
2.8. All other terms not separately defined in this Agreement are understood and interpreted according to their ordinary grammatical meaning, the applicable laws of Ukraine, established business practices, and the purpose and subject matter of this Agreement.
3. SUBJECT OF THE AGREEMENT
3.1. Under the procedure and terms established by this Agreement, the Seller undertakes to transfer ownership of the Goods selected by the Buyer in accordance with the Order, and the Buyer undertakes to accept and pay for the Goods in accordance with this Agreement.
3.2. Goods offered by the Seller include, but are not limited to, the following categories:
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Physical goods (printed products: books, journals, printed guides, etc.);
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Digital goods (recorded interactive lectures, e-books, journals, guides, etc.);
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Electronic certificates.
3.3. Ownership of the Goods passes to the Buyer upon receipt, provided that the Goods have been paid for in full in accordance with this Agreement.
3.4. The Buyer must independently review the terms of this Agreement, which are deemed communicated to the Buyer by publication on the Seller’s Website.
4. PROCEDURE FOR ACCEPTANCE AND CONCLUSION OF THE AGREEMENT
4.1. This Agreement is concluded as a contract of adhesion (Article 634 of the Civil Code of Ukraine) and is deemed concluded between the Seller, on the one hand, and the Buyer, on the other, from the moment the Buyer accepts all terms and provisions of this Agreement without exception.
4.2. The Buyer accepts the Agreement after reviewing its terms posted on the Website by performing, jointly or separately, any of the following actions:
4.2.1. Completing the order form on the Seller’s Website and selecting the Goods.
4.2.2. Selecting an available payment method for the chosen Goods and confirming the intention to purchase by clicking the “Confirm Order” button or another corresponding button on the Website, thereby agreeing to the payment and ordering terms.
4.2.3. If the “prepayment” method is selected, paying the price of the selected Goods after clicking “Confirm Order” or after confirming the order using the corresponding functionality on the Website.
4.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:
4.3.1. quantity of Goods;
4.3.2. Buyer’s last name, first name and patronymic (if applicable);
4.3.3. delivery address and delivery service (if physical goods are to be delivered);
4.3.4. Buyer’s contact phone number;
4.3.5. Buyer’s email address.
5. PRICE AND PAYMENT PROCEDURE
5.1. Prices for the Goods are determined independently by the Seller and stated on the Website and/or in social media or advertising materials.
5.2. All prices for the Goods are stated in Ukrainian hryvnias.
5.3. The Seller may change prices for the Goods unilaterally before payment by publishing a new price on the Website. However, if the Buyer has already paid in full for a specific item, the Seller may not change its price unilaterally.
5.4. Payments between the Seller and the Buyer for Physical Goods are made in the national currency of Ukraine by one of the following methods:
5.4.1. Full prepayment of the price of the Goods by cashless payment on the Website or by transfer of the relevant amount to the Seller’s bank account according to an invoice.
5.4.2. Payment of the full price of the Goods by cash on delivery when receiving the Goods through the delivery service.
5.5. Payments between the Seller and the Buyer for Digital Goods are made by the following methods:
5.5.1. Full prepayment by transferring the required amount to the Seller’s bank account according to the Seller’s invoice;
5.5.2. Full prepayment by cashless payment on the Website.
5.6. The Buyer undertakes to pay for the selected Goods when confirming the Order or within the period specified by the Seller when the Order is placed. If the Buyer fails to meet the payment obligation within the specified period, the Seller may cancel the Order without prior agreement with the Buyer.
5.7. The Buyer’s payment obligation is deemed fulfilled when the funds are credited to the Seller’s account.
5.8. Payment for the Goods is made using the payment details of sole proprietor Diana Romanivna Bershadska through the relevant links provided on the Website.
5.9. The price of Physical Goods stated on the Website does not include the cost of delivery to the Buyer.
5.10. The Seller may reject an Order if the Goods are actually unavailable in stock by sending the Buyer an appropriate electronic notice. In that case, the Parties’ rights and obligations under this Agreement related to the sale, delivery, transfer and payment for the ordered Goods cease, and any amount paid by the Buyer for the Goods is refunded.
5.11. Failure by the Buyer to fulfill the payment obligation is deemed a unilateral withdrawal by the Buyer from this Agreement and results in termination in full of all obligations of the Seller arising from the Buyer’s acceptance of the Seller’s offer to enter into this Agreement.
6. DELIVERY OF GOODS
6.1. Delivery of Goods is carried out according to the type of Goods: physical or digital.
6.2. Delivery of Physical Goods
6.2.1. Physical Goods are delivered by Nova Poshta or Ukrposhta, at the Buyer’s choice.
6.2.2. The Buyer pays the cost of delivery of Physical Goods in accordance with the current rates of the selected delivery service.
6.2.3. Physical Goods are dispatched within 3 (three) business days after the Seller receives payment.
6.2.4. The Seller is not liable for the risk of loss of or damage to the Goods after they have been transferred to the delivery service.
6.2.5. Upon receipt of Physical Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), verify that the Goods conform to the required quality and quantity characteristics (product name, quantity and completeness) and confirm by signature on the sales receipt or transport waybill that there are no claims regarding quantity, appearance or completeness.
6.2.6. Ownership of the Goods and the risk of accidental loss of or damage to the Goods pass to the Buyer when the Seller transfers the Goods to the delivery service (carrier) selected by the Buyer.
6.3. Delivery of Digital Goods
6.3.1. Digital Goods are delivered electronically to the Buyer’s email address provided when placing the order.
6.3.2. Access to Digital Goods is provided automatically within 1 (one) hour after payment is confirmed.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Seller is obliged to:
7.1.1. Provide the Buyer with Goods of proper quality in accordance with the Buyer’s order and within the agreed time limits under this Agreement.
7.1.2. Not disclose any private information about the Buyer or provide third parties with access to such information, except as required by law or necessary to fulfill the Buyer’s Order.
7.1.3. Communicate with Buyers during business hours: Monday through Friday, 09:00 to 18:00. Technical inquiries are accepted by email or through the administrator on Telegram. Information on the shipping status of physical goods, including printed products, is provided through Telegram when necessary.
7.1.4. Inform the Buyer of circumstances that prevent fulfillment of obligations.
7.2. The Seller has the right to:
7.2.1. Receive payment from the Buyer for the Goods in accordance with this Agreement.
7.2.2. Store and use information provided by the Buyer for the performance of obligations under this Agreement, subject to compliance with applicable law and the confidentiality of such information.
7.2.3. Amend the terms of this Agreement and change prices for the Goods unilaterally.
7.3. The Buyer undertakes to:
7.3.1. Before entering into the Agreement, review its contents, terms and the prices offered by the Seller on the Website.
7.3.2. Provide all necessary information that clearly identifies the Buyer and is sufficient for delivery of the ordered Goods.
7.3.3. Keep the Personal Data provided up to date and ensure its accuracy.
7.3.4. Not publish, distribute, copy, reproduce or sell the purchased Goods or any part thereof (including individual fragments of Digital Goods) in any form or on any platform without the Seller’s prior written consent. Any unauthorized use of materials contained in the Goods is considered copyright infringement and may give rise to legal liability under applicable law.
7.3.5. Not transfer an electronic certificate to third parties, as it is personal.
7.4. The Buyer has the right to:
7.4.1. Receive Goods of proper quality in accordance with the order and the terms of this Agreement.
8. RETURNS AND REPLACEMENT OF GOODS
8.1. Printed products purchased on the Website are not eligible for exchange or return in accordance with the laws of Ukraine.
8.2. Returns and exchanges of printed products are possible only if defects or hidden deficiencies are discovered when the Buyer receives the Goods, or if the Goods do not correspond to the description on the Website. In that case, the Buyer must prepare a report documenting damage to or nonconformity of the printed product, with the participation of a representative of the delivery service.
8.3. After the report is prepared, the Buyer must contact the Seller’s support service within 2 (two) business days and provide a copy of the report documenting damage to or nonconformity of the printed product.
8.4. After receiving the Buyer’s request and the documents required to confirm defects or nonconformity of the printed product (the damage or nonconformity report and copies of other documents, if necessary), the Seller must review the request and, if the nonconformity caused by the Seller is confirmed, refund the Buyer or replace the Goods within 5 (five) business days. If the nonconformity or damage was caused by the delivery service, the relevant delivery service is responsible for compensation in accordance with its rules and compensation policy.
8.5. Refunds are made using the same payment method used for the original payment unless otherwise agreed by the Parties. If the Goods are exchanged, the Buyer receives the replacement without an additional delivery charge.
8.6. The Seller is not liable where the Goods fail to meet the Buyer’s unreasonable expectations, subjective assessment or inflated expectations. Claims based on these criteria will not be accepted.
8.7. Digital Goods, such as e-books, recorded interactive lectures and similar products, may be returned if they are received with technical defects that make them impossible to view and/or use (corrupted files, access problems or other technical failures).
8.8. Digital Goods provided as a link to a recorded lecture are not refundable after receipt because access to the content is granted immediately and cannot be revoked. However, if the User encounters technical problems, such as inability to access the content because of an incorrect link or system error, the User should contact support for prompt resolution.
8.9. Refunds for Digital Goods are not provided in the following cases:
8.9.1. If the Buyer rejects the Digital Goods after receiving them, including where the Buyer obtained access to the materials but did not use them.
8.9.2. If the Buyer provided inaccurate or incomplete information that prevents access to the Digital Goods. In that case, the Buyer may contact support by email or Telegram, provide the correct information and receive the Goods after the information is corrected.
8.9.3. If the Buyer violated the terms of use of the Digital Goods, making further use or access impossible.
8.9.4. In the event of force majeure circumstances beyond the Seller’s control, including war, technological disasters, civil unrest, pandemics, actions of public authorities, prolonged failures of payment systems, power or Internet outages, natural disasters or other circumstances that make performance under this Agreement impossible.
8.10. An electronic certificate is a Digital Good that is not refundable after it has been purchased and sent to the Buyer. Once the Buyer receives the certificate, it cannot be returned or exchanged. If technical problems arise, for example if the certificate is not delivered by email or contains a technical error, please contact our support service to resolve the issue.
9. LIABILITY OF THE PARTIES
9.1. The Parties bear liability as provided by applicable Ukrainian law and this Agreement.
9.2. All disputes and disagreements arising in connection with performance of this Agreement shall be resolved through negotiation. If they cannot be resolved, the Parties may seek protection of their rights and interests through the courts.
9.3. If the Buyer violates clause 7.3.4 of this Agreement by distributing, publishing or selling the Goods or any part thereof (including parts of Digital Goods such as excerpts of text, video, images, etc.) without the Seller’s prior consent, the Buyer undertakes to pay a penalty of UAH 100,000 (one hundred thousand hryvnias). The Buyer is also responsible for all resulting consequences, including damage to the Seller’s reputation and any legal costs arising from such violations.
9.4. The Seller is not liable for damage caused to the Buyer as a result of improper use of Goods ordered on the Website.
9.5. The Seller is not liable for delays or failure to perform obligations resulting from force majeure circumstances such as natural disasters, wars, terrorist acts, changes in legislation, or interruptions in delivery services or payment systems.
9.6. The Seller is not liable for nonperformance or improper performance of obligations if the Personal Data provided by the Buyer is inaccurate, incomplete or outdated and therefore prevents fulfillment of the order or provision of services.
10. FORCE MAJEURE
10.1. The Parties are released from liability for late or improper performance of obligations under the electronic sales agreement if such nonperformance results from extraordinary circumstances beyond the Parties’ control, including military action, strikes, civil unrest, accidents, natural disasters, changes in Ukrainian legislation, or other extraordinary circumstances arising after conclusion of this Agreement that directly affect performance and that the Parties could not reasonably foresee or prevent.
10.2. A Buyer who becomes unable to perform obligations due to force majeure must immediately notify the other Party in writing and, within 30 (thirty) calendar days, provide confirmation of the force majeure circumstances.
11. CONFIDENTIALITY AND PERSONAL DATA PROTECTION
11.1. Personal Data is processed in accordance with the Law of Ukraine “On Personal Data Protection” and the Privacy Policy.
11.2. By providing Personal Data on the Website during registration or placement of an Order, the Buyer voluntarily consents to the Seller’s processing and use (including transfer) of such Personal Data and to other actions permitted under the Law of Ukraine “On Personal Data Protection,” without limitation on the duration of that consent.
11.3. The Seller undertakes not to disclose information received from the Buyer. Disclosure by the Seller to contractors and third parties acting under an agreement with the Seller, including for the purpose of fulfilling obligations to the Buyer, is not considered a breach, nor is disclosure required by applicable Ukrainian law.
12. TERM OF THE AGREEMENT
12.1. This Agreement takes effect upon acceptance by the Buyer and remains in force until the Parties have fully performed their obligations.
12.2. This Agreement may be terminated unilaterally by the Seller before its expiry if the Buyer fails to fulfill their obligations.
13. OTHER TERMS
13.1. This Agreement is concluded in accordance with applicable Ukrainian law.
13.2. The Parties agree that this Agreement may be concluded and all of its terms performed electronically, including by the Buyer confirming the intention to purchase the Goods through the “Place Order” button or similar actions on the Seller’s Website. Such confirmation by the Buyer is equivalent to signing a written agreement.
13.3. The Seller may amend the terms of this public Agreement at any time without additional prior notice to the Buyer. Information about such amendments is published on the Seller’s Website. Amendments take effect upon publication or on another date specified by the Seller when publishing them.
13.4. If technical difficulties arise in placing an order, making payment or obtaining access to Digital Goods, the Buyer must contact the Seller for technical support by email or through Telegram using the relevant link.
14. CONTACT INFORMATION
Sole proprietor Diana Romanivna Bershadska
Registered address: Ukraine, 08136, Kyiv Region, Bucha District, Kriukivshchyna village, Vidrodzhennia St., building *, apartment **
Tel. +38(073)-375-26-30
Email: we.poruch@gmail.com