This Agreement constitutes an official and public offer (offer) to enter into a sale and purchase agreement for the Goods presented on the website https://delavega.ua.
This Agreement is public, meaning that, pursuant to Articles 633, 641, and 642 of the Civil Code of Ukraine (hereinafter — the “Civil Code of Ukraine”) and the Rules for the Sale of Goods by Order Outside Trade and Office Premises, its terms and conditions are the same for all Buyers. This Agreement is concluded by the Buyer’s accession to it in its entirety (acceptance).
Since the Website https://delavega.ua operates as a marketplace where goods of business entities (Partners/Sellers of the Delavega Trademark) are offered, the direct Seller of the Goods to the Buyer shall be the business entity (individual entrepreneur or LLC) specified in the payment document (invoice, sales receipt, delivery note) for the relevant Goods.
1. DEFINITIONS
1.1. Website (Delavega Online Store) — the webpage available at https://delavega.ua, which is used as a marketplace (e-commerce platform) for placing Goods, receiving Orders, and providing information services.
1.2. Website Operator (Administrator) — Individual Entrepreneur Olha Serhiivna Karachkova, who ensures the operation of the Website and provides information services to Sellers.
1.3. Seller — a business entity (individual entrepreneur or legal entity) that is the owner or authorized distributor of the Goods posted on the Website and directly accepts payment for and/or sells the Goods to the Buyer. The specific name and details of the Seller are indicated in the payment invoice, delivery note, or payment document.
1.4. Buyer — any legally capable individual, individual entrepreneur, or legal entity that has accepted the terms of this Offer and places an order for Goods on the Website.
1.5. Goods — upholstered furniture, home goods, and other items, the images, specifications, and prices of which are posted on the Website.
1.6. Order — a duly completed request by the Buyer for the purchase and delivery of the Goods selected on the Website.
1.7. Acceptance — the Buyer’s full and unconditional acceptance of the terms of this Offer by placing an Order on the Website or by telephone and/or making full or partial payment for the Goods.
2. GENERAL PROVISIONS AND STATUS OF THE PARTIES
2.1. This Agreement governs the legal relationship concerning the sale and purchase of the Goods between the Buyer and the Seller of the Goods.
2.2. The Buyer understands and agrees that the Website https://delavega.ua may be used by several independent Sellers (partners of the “Delavega” Trademark). The sale and purchase agreement is concluded directly between the Buyer and the Seller who accepts the Order and issues the payment invoice.
2.3. Upon Acceptance of this Offer, the Buyer confirms that they have read and agree to all terms and conditions of this Agreement, the specifications of the Goods, prices, payment terms, delivery terms, and warranty service terms.
2.4. The Buyer consents to the processing of their personal data in accordance with the Law of Ukraine “On Personal Data Protection” for the purposes of fulfilling the Order, making payments, and delivering the Goods. The Buyer agrees that the Website Operator has the right to transfer their personal data (contact details, address) to the relevant Seller and delivery service for the purpose of fulfilling the Order.
3. SUBJECT MATTER OF THE AGREEMENT
3.1. 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.
3.2. Information about the Goods (dimensions, material, configuration, color, photographs) is provided as a reference sample. Minor deviations in the shade of the fabric or material texture from the image displayed on a monitor shall not be considered a defect. The permissible deviation in the overall dimensions of upholstered furniture is up to 0.02–0.05 m (2–5 cm).
4. PRICE OF THE GOODS AND PAYMENT PROCEDURE
4.1. The price of each item of Goods is stated in the national currency of Ukraine (Ukrainian hryvnia) on the Website https://delavega.ua.
4.2. Since the Goods (furniture) are manufactured according to the individual specifications of the Order, payment shall be made to the Seller’s bank account (specified in the invoice) according to the following procedure:
- An advance payment of 70% of the value of the Goods shall be made within 3–5 banking days from the date the invoice is issued;
- The remaining 30% shall be paid prior to shipment of the Goods, within 2–3 banking days from the date the Buyer is notified that the Goods are ready.
4.3. The Buyer’s payment obligations shall be deemed fulfilled upon receipt of the funds in full in the Seller’s bank account.
5. ORDER PLACEMENT
5.1. The Buyer independently places an Order through the “shopping cart” on the Website or by contacting the telephone number +38 (050) 141 65 87 (or other numbers indicated on the Website).
5.2. When placing an Order, the Buyer shall provide the following information:
Full name of the Buyer (or Recipient);
Delivery address (including the floor and whether a freight elevator is available);
Contact telephone number and E-mail address.
5.3. The Buyer shall be fully responsible for providing inaccurate or incorrect information when placing an Order.
6. DELIVERY AND TRANSFER OF THE GOODS
6.1. Delivery of the Goods shall be carried out throughout the territory of Ukraine by delivery services (carriers) or by the Seller’s own delivery service.
6.2. The terms and cost of delivery shall be determined in accordance with the rules set out in the “Delivery and Payment” section of the Website or agreed upon with the manager when the Order is confirmed.
6.3. Transfer of risks: Ownership of the Goods and the risk of accidental loss or damage thereto shall pass to the Buyer upon signing the documents accompanying the Goods (delivery note, carrier’s express waybill, etc.).
6.4. Upon receipt of the Goods, the Buyer shall inspect the Goods for the integrity of the packaging, absence of mechanical damage, and completeness of the configuration in the presence of the carrier’s representative or courier. If any defects are identified, a relevant Act shall be drawn up.
7. RETURN OF GOODS AND WARRANTY
7.1. Given that furniture products are manufactured according to the Buyer’s individual order (selection of dimensions, configuration, type, and color of upholstery), Goods of proper quality are not subject to return or exchange in accordance with the legislation of Ukraine. The permissible deviation in the overall dimensions of upholstered furniture is up to 0.02–0.05 m (2–5 cm).
7.2. The Goods are covered by a warranty for a period of up to 36 months from the date the Goods are transferred to the Buyer.
7.3. Warranty obligations shall be fulfilled by the Manufacturer/Seller provided that the Buyer complies with the rules for the use and care of the furniture. The warranty does not cover defects resulting from improper assembly, independent transportation, or violation of the operating conditions.
8. FORCE MAJEURE CIRCUMSTANCES
8.1. The Parties (the Seller and the Buyer) shall be released from liability for complete or partial non-performance or improper performance of their obligations under this Agreement if such non-performance results from force majeure circumstances that arose after the Buyer’s Acceptance of this Agreement, are extraordinary, unavoidable, and unforeseeable in nature, and directly make performance of the Agreement impossible.
8.2. For the purposes of this Agreement, force majeure circumstances shall mean extraordinary and unavoidable circumstances, including but not limited to:
- natural disasters (earthquakes, floods, fires, hurricanes, etc.);
- hostilities, martial law, declared or undeclared war, general mobilization, acts of terrorism, sabotage, mass unrest, blockades;
- prolonged and systematic outages of electricity or communications (beyond the established schedules) that make the production process or operation of the Website’s servers/warehouses impossible;
- regulatory or legal acts of state authorities or local self-government bodies of a prohibitive or restrictive nature that entered into force after Acceptance of this Agreement and make its performance impossible.
8.3. The Party affected by force majeure circumstances shall notify the other Party of their occurrence, expected duration, and termination within 5 (five) calendar days from the date of their occurrence.
Given the public nature of this Agreement and the electronic method of communication:
- The Seller may notify the Buyer by sending an e-mail, SMS message, or message via a messenger (Viber/Telegram) to the telephone number provided by the Buyer when placing the Order;
- The Buyer shall notify the Seller by sending a written statement to the official E-mail address of the Seller or Website Operator: info@delavega.ua.
Failure to provide timely notice shall deprive the relevant Party of the right to invoke force majeure as grounds for exemption from liability.
8.4. Proper confirmation of the occurrence and duration of force majeure circumstances shall be a certificate issued by the Ukrainian Chamber of Commerce and Industry (or regional Chambers of Commerce and Industry authorized by it), or official acts/certificates issued by competent state authorities (State Emergency Service of Ukraine, National Police, etc.).
8.5. In the event of force majeure circumstances, the period for performance of the obligations under this Agreement shall be automatically extended for the period during which such circumstances and their consequences remain in effect. If the force majeure circumstances continue for more than 60 (sixty) calendar days, either Party shall have the right to terminate the Agreement unilaterally by notifying the other Party by electronic means of communication. In such case, the Seller shall refund to the Buyer the amounts paid, less the actual costs incurred for the manufacture/delivery of the Goods (if any), and neither Party shall have the right to claim compensation for losses or moral damages.
8.6. Notwithstanding the above, the Parties (by accepting this Offer) acknowledge, agree, and confirm that:
8.6.1. Each Party is fully aware of the fact of the full-scale military aggression of the Russian Federation against Ukraine and of the martial law imposed in the territory of Ukraine.
8.6.2. Martial law in Ukraine may continue or be extended for an indefinite period during the term of this Agreement.
8.6.3. Each Party has assessed its risks and is capable of duly performing its obligations under this Agreement under conditions of military aggression and martial law in Ukraine.
8.6.4. Military aggression and the fact that martial law has been imposed shall not, in themselves, constitute unconditional grounds for non-performance of obligations and shall not release the Parties from liability under this Agreement.
8.6.5. The Parties shall not have the right to invoke military aggression and/or martial law as grounds for exemption from liability, EXCEPT where specific circumstances have arisen as a result of hostilities that directly prevent and objectively make it impossible to perform the terms of the Agreement (including, in particular: a direct hit, shelling, or destruction of the Seller’s/Manufacturer’s production facilities, warehouses, or showrooms; physical destruction of the Goods/raw materials; complete blockage of logistics routes in an area of hostilities, etc.). The occurrence of such specific circumstances shall be subject to mandatory confirmation, including by:
- photographic and/or video evidence of the destruction, with the date and geolocation necessarily indicated;
- expert opinions/inspection reports documenting damage to real estate or goods/material assets;
- official certificates issued by the State Emergency Service of Ukraine, National Police, or publications/materials in the mass media confirming the occurrence at the specific address.
8.7. After the Seller sends the Buyer a notification (via SMS, messenger, or E-mail specified when placing the Order) that the Goods are ready for collection/shipment/delivery, the Buyer shall collect or accept the finished products within the period established by this Agreement. If such period is not separately specified, the Buyer shall accept the Goods within 7 (seven) calendar days from the date the notification is sent (pursuant to Part 2 of Article 530 of the Civil Code of Ukraine).
The Seller’s liability for the safekeeping of finished products remaining in its warehouse beyond the established 7-day period due to the Buyer’s fault or at the Buyer’s initiative shall be limited. The Seller shall not be liable for damage, partial or complete destruction of the Goods if this occurs as a result of force majeure circumstances or military risks (including a direct hit by missiles, unmanned aerial vehicles, artillery shells, fragments thereof, a blast wave, or resulting fire) at the place where the Goods are stored, if the Goods were not collected/accepted by the Buyer within the established period.
9. LIABILITY OF THE PARTIES AND COMPENSATION FOR LOSSES
9.1. For non-performance or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the applicable legislation of Ukraine and the terms of this Agreement.
9.2. Disclaimer regarding the status of the Website: The Website Operator (the entity responsible for the operation of the delavega.ua website) is not the Seller of the Goods under this Agreement and shall not be liable for the quality, delivery times, or warranty obligations of the Seller. All claims regarding the concluded transaction, payments, and quality of the Goods shall be addressed directly to the Seller specified in the payment documents.
9.3. In the event of a breach of the payment deadlines stipulated by this Agreement, the Buyer shall pay the Seller a penalty calculated at twice the discount rate of the National Bank of Ukraine on the amount of the overdue payment for each day of delay.
10. TERM OF THE AGREEMENT AND OTHER TERMS
10.1. This Agreement shall enter into force upon its Acceptance by the Buyer and shall remain in effect until the Parties have fully performed their obligations.
10.2. All disputes arising in connection with non-performance or improper performance of the terms of this Agreement shall be resolved through negotiations. If no agreement is reached, disputes shall be subject to judicial consideration in accordance with the applicable legislation of Ukraine.
11. ADDRESS AND DETAILS
Under this Agreement, the Seller shall be the business entity (individual entrepreneur or LLC) that has accepted the Buyer’s Order and issued the payment invoice.
Showroom / Consultation Center Address:
17 Kovpaka Street, Kyiv (Delavega Furniture Showroom)
Telephone: +38 (050) 141 65 87
E-mail: info@delavega.ua
(The full legal and banking details of the specific Seller shall be indicated in the invoice / receipt / delivery note issued to the Buyer.)