Offer for the sale and purchase of software

This Agreement is the official and public offer of the Seller to conclude a contract for the sale and purchase of software presented on the website www.softhvac.com. This Agreement is public, which means 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, sole proprietor) without preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and procedures for ordering, payment, delivery, return of goods, liability for fraudulent orders, and other terms of the Agreement. The Agreement is considered concluded from the moment the "Pay" button is clicked on the checkout page in the "Cart" section and the Buyer receives electronic confirmation of the order from the Seller.

1. Definitions

1.1. Public Offer (hereinafter referred to as the "Offer") Р a public proposal of the Seller addressed to an indefinite number of persons to conclude a contract with the Seller for the sale of goods remotely (hereinafter referred to as the "Agreement") under the terms contained in this Offer.

1.2. Goods Р the subject of the agreement between the parties, which was selected by the Buyer on the Online Store website and placed in the cart or already purchased by the Buyer from the Seller remotely.

1.3. Online Store Р the SellerХs website at www.softhvac.com created for concluding retail and wholesale contracts of sale based on the BuyerХs review of the Goods description provided by the Seller via the Internet.

1.4. Buyer Р a legally capable individual who has reached the age of 18, receives information from the Seller, places orders for the purchase of goods presented on the Online Store website, or a legal entity, or a sole proprietor.

1.5. Seller Р Sole Proprietor Andrii Oleksandrovych Shirshov (ID code 3076609092), a legal entity established and operating under the current legislation of Ukraine, located at: 04209, Kyiv, Ozerna St., 22, apt. 7.

2. Subject of the Agreement

2.1. The Seller undertakes to transfer the Goods into the BuyerХs ownership, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the date of completion by the Buyer of the order form on the Online Store website, subject to the Buyer receiving confirmation of the order from the Seller electronically. If necessary, at the BuyerХs request, the Agreement may be executed in writing.

3. Order Placement

3.1. The Buyer independently places an order in the Online Store through the "Cart" form, or by placing an order via email or phone specified in the contacts section of the Online Store.

3.2. The Seller has the right to refuse to deliver the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts about its validity.

3.3. When placing an order on the Online Store website, the Buyer is obliged to provide the following mandatory information required by the Seller to fulfill the order:

3.3.1. Email address.

3.4. The name, quantity, and price of the Goods selected by the Buyer are indicated in the BuyerХs cart on the Online Store website.

3.5. If either Party to the Agreement requires additional information, they have the right to request it from the other Party.

3.6. When placing an order through the SellerХs operator (p. 3.1. of this Offer), the Buyer is obliged to provide the information specified in clauses 3.3 Р 3.4. of this Offer.

3.6. The BuyerХs acceptance of the terms of this Offer is carried out by entering the relevant data into the registration form on the Online Store website or when placing the Order through the operator. After placing the Order through the Operator, the BuyerХs data is entered into the SellerХs database.

3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.

3.8. By concluding the Agreement, i.e., accepting the terms of this proposal (the proposed conditions for purchasing the Goods) by placing an Order, the Buyer confirms the following:

3.8.1. The Buyer is fully familiar with and agrees to the terms of this proposal (offer).

3.8.2. The Buyer gives consent to the collection, processing, and transfer of personal data, which remains valid throughout the term of the Agreement and indefinitely after its expiration. In addition, by concluding the Agreement, the Buyer confirms that they are informed (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection," the purposes of data collection, and that their personal data is transferred to the Seller to enable fulfillment of the Agreement, mutual settlements, and receipt of invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer their personal data to third parties without any additional notice to the Buyer to fulfill the BuyerХs order. The scope of the BuyerХs rights as a subject of personal data under the Law of Ukraine "On Personal Data Protection" is known and understood by them.

4. Price and Delivery of Goods

4.1. Prices for Goods and services are determined by the Seller independently and indicated on the Online Store website.

4.2. Prices for goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a unit of Goods, the full cost of which has been paid by the Buyer, cannot be changed by the Seller unilaterally.

4.3. The cost of the Goods indicated on the Online Store website includes the cost of delivery to the Buyer.

4.4. The BuyerХs obligations to pay for the Goods are considered fulfilled at the moment the funds are credited to the SellerХs account.

4.5. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the Online Store website in the "Cart" section.

5. Rights and Obligations of the Parties

5.1. The Seller is obliged to:

5.1.1. Deliver the Goods to the Buyer in accordance with the terms of this Agreement and the BuyerХs order.

5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except in cases provided by law and for fulfilling the BuyerХs Order.

5.2. The Seller has the right to:

5.2.1. Change the terms of this Agreement, as well as prices for Goods and services unilaterally, by publishing them on the Online Store website. All changes take effect from the moment of publication.

5.3. The Buyer undertakes to:

5.3.1. Familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Online Store website before concluding the Agreement.

5.3.2. To enable the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that clearly identifies them as the Buyer.

6. Return of Goods

6.1. The Buyer has the right to return Goods of proper quality to the Seller if the Goods did not satisfy them or for other reasons cannot be used as intended. The Buyer has the right to return Goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of Goods of proper quality is allowed if they were not used and if the payment document issued to the Buyer for the payment of the Goods is preserved. The list of goods not subject to return under the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.

6.2. Refund of the cost of Goods of proper quality to the Buyer is carried out within 30 (thirty) calendar days from the moment the Seller receives such Goods, subject to the requirements provided in clause 6.1. of the Agreement and the current legislation of Ukraine.

6.3. The cost of the Goods is refunded by bank transfer to the BuyerХs account.

6.4. The Seller considers the claims provided by the Law of Ukraine "On Consumer Rights Protection" upon submission by the Buyer of documents provided by the current legislation of Ukraine. The Seller is not responsible for defects of the Goods arising after their transfer to the Buyer as a result of violation by the Buyer of the rules of use, actions of third parties, or force majeure.

6.5. The return of Goods, in cases provided by law and this Agreement, is carried out at the address specified on the website in the "Contacts" section.

7. Liability

7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper use of Goods purchased from the Seller.

7.2. The Seller is not responsible for improper or untimely fulfillment of Orders and obligations in case the Buyer provided inaccurate or false information.

7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer are released from liability for complete or partial failure to fulfill their obligations if such failure is the result of force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters arising independently of the will of the Seller and/or Buyer after the conclusion of this Agreement. The Party unable to fulfill its obligations must immediately notify the other Party.

8. Confidentiality and Personal Data Protection

8.1. By providing their personal data on the Online Store website during registration or order placement, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as performing other actions provided by the Law of Ukraine "On Personal Data Protection," without limitation of the validity period of such consent.

8.2. The Seller undertakes not to disclose information received from the Buyer. Providing information by the Seller to counterparties and third parties acting under a contract with the Seller, including for fulfilling obligations to the Buyer, and in cases when disclosure is required by current legislation of Ukraine, is not considered a violation.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor performance or non-performance of its obligations due to outdated or inaccurate information about the Buyer.

9. Other Conditions

9.1. This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If the disputed issue cannot be resolved through negotiations, the Buyer and/or the Seller have the right to apply to the courts in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to amend this Agreement unilaterally in the manner provided for in clause 5.2.1. of the Agreement. In addition, amendments to the Agreement may be made by mutual consent of the Parties in accordance with the current legislation of Ukraine.

Seller Details

Sole Proprietor Andrii Oleksandrovych Shirshov

Tax ID: 3076609092

Address: 04209, Kyiv, Ozerna St. 22/7

Bank account: UA733052990000026009006805753

Bank: JSC CB "PRIVATBANK", Kyiv, Capital Branch

Tel.: (068)-927-86-96