This Agreement constitutes an official and public offer by Sole Proprietor Kutsenko Vladyslav Kostiantynovych, hereinafter referred to as the “Seller”, to enter into a contract for the sale and purchase of goods presented in the “Hidrosad” online store with any individual or legal entity, hereinafter referred to as the “Buyer”.

Placing an order by the Buyer on the “Hidrosad” website constitutes full and unconditional acceptance of the terms of this Agreement.

1. General Provisions

1.1. This Agreement is a public agreement in accordance with the provisions of the Civil Code of Ukraine and governs the relationship between the Seller and the Buyer regarding the purchase of goods through the “Hidrosad” online store.

1.2. The terms of this Agreement are the same for all Buyers, except in cases expressly provided for by the legislation of Ukraine.

1.3. Acceptance of this Agreement occurs when the Buyer places an order through the website and confirms acceptance of its terms.

1.4. The Agreement enters into force from the moment the Buyer places an order and remains valid until the Parties have fully fulfilled their obligations.

1.5. The Seller has the right to amend this Agreement. A new version becomes effective from the moment it is published on the website unless otherwise expressly stated by the Seller.

2. Terms and Definitions

Seller - Sole Proprietor Kutsenko Vladyslav Kostiantynovych, who sells goods through the “Hidrosad” online store.

Buyer - an individual or legal entity who places an order on the website and accepts the terms of this Agreement.

Goods - pumping equipment, water supply and drainage products, sewage equipment, irrigation products, garden products, components, automation equipment and other goods offered for sale in the “Hidrosad” online store.

Order - a properly completed request by the Buyer to purchase one or more Goods.

Website - the website https://gidrosad.com.ua/, through which Goods are sold by the “Hidrosad” online store.

Acceptance - the Buyer's full and unconditional acceptance of the terms of this Agreement by placing an Order.

3. Subject of the Agreement

3.1. The Seller undertakes to transfer the Goods specified in the Order into the ownership of the Buyer, and the Buyer undertakes to accept and pay for the Goods in accordance with the terms of this Agreement.

3.2. The name, specifications, configuration, price and other information about the Goods are indicated on the relevant product page.

3.3. Product photographs are intended to represent the appearance of the Goods as accurately as possible. However, the actual appearance, shade or individual elements of the Goods may differ slightly from the images depending on the manufacturer's production batch, design updates or the color reproduction settings of the Buyer's device.

3.4. The Seller confirms that it has the right to sell the Goods presented on the website.

4. Rights and Obligations of the Seller

4.1. The Seller shall:

  • comply with the terms of this Agreement;
  • process properly completed Orders placed by Buyers;
  • transfer the Goods to the Buyer in accordance with the confirmed Order;
  • check the condition and completeness of the Goods before dispatch;
  • provide the Buyer with accurate information regarding the Goods, their price, payment and delivery;
  • comply with the applicable consumer protection legislation of Ukraine.

4.2. The Seller has the right to:

  • clarify Order details with the Buyer;
  • cancel an Order if the Seller is unable to contact the Buyer or if the required Goods are unavailable;
  • change the assortment, prices and terms of sale of Goods before the Buyer places an Order;
  • refuse to fulfil an Order in cases provided for by the legislation of Ukraine or this Agreement.

5. Seller Information

Seller: Sole Proprietor Kutsenko Vladyslav Kostiantynovych
Tax ID: 3926111775
IBAN: UA713052990000026008011607226
Bank: JSC CB “PrivatBank”
Bank MFO: 305299
Phone: +38 (067) 346 30 50
Pickup address: 190 Blahovisna St., Cherkasy, Cherkasy Region, Ukraine

6. Rights and Obligations of the Buyer

6.1. The Buyer shall:

  • review the terms of this Agreement before placing an Order;
  • provide accurate contact details and information necessary to fulfil the Order;
  • pay for the Order in a timely manner if the selected payment method requires advance payment;
  • receive the dispatched Goods;
  • check the integrity of the packaging and the condition of the Goods upon receipt.

6.2. The Buyer has the right to:

  • receive information about the Goods and the status of the Order;
  • require proper fulfilment by the Seller of the terms of this Agreement;
  • exchange or return the Goods in accordance with the applicable legislation of Ukraine and the terms stated on the website.

7. Order Placement Procedure

7.1. The Buyer independently places an Order through the website by adding the selected Goods to the shopping cart and providing the required information.

7.2. When placing an Order, the Buyer provides their name, phone number, email address, delivery method, payment method and other information required to fulfil the Order.

7.3. After placing the Order, the Buyer receives confirmation on the website and/or through the provided contact details.

7.4. If necessary, a representative of the “Hidrosad” online store may contact the Buyer to confirm or clarify the details of the Order.

7.5. If the ordered Goods are unavailable, the Seller will inform the Buyer and agree on further actions.

8. Price and Payment Procedure

8.1. The price of each item is indicated on its respective product page on the website.

8.2. The total Order value consists of the price of the selected Goods and, where applicable, delivery charges or other agreed services.

8.3. The Buyer may use the payment methods available when placing an Order, including:

  • cash on delivery - payment for the Order upon receipt at a Nova Poshta branch or to a Nova Poshta courier. The carrier may additionally charge a money transfer fee in accordance with its applicable rates;
  • bank transfer to the Sole Proprietor's account - payment for the Order to the bank account using the provided payment details after the Order has been confirmed;
  • cash - cash payment upon pickup;
  • other payment methods if available on the website.

8.4. For bank transfers, the Order is considered paid after the funds have been credited to the Seller's account.

8.5. The Seller has the right to change the prices of Goods before the Order is placed. The price of a confirmed Order will not change except where the contents of the Order are changed with the Buyer's consent.

9. Delivery Terms

9.1. Orders are delivered using the delivery methods available on the website when the Order is placed.

9.2. The Buyer may choose from the available delivery methods:

  • Nova Poshta branch delivery;
  • Nova Poshta parcel locker delivery;
  • Nova Poshta courier delivery;
  • Ukrposhta Standard branch delivery;
  • Ukrposhta courier delivery;
  • pickup at: 190 Blahovisna St., Cherkasy, Cherkasy Region, Ukraine;
  • another delivery method if available on the website.

9.3. The cost and delivery timeframe are determined according to the current rates and terms of the relevant carrier unless otherwise stated on the website or agreed with the Buyer.

9.4. After the Order is handed over to the carrier, the Buyer is provided with a shipment tracking number.

9.5. Upon receiving the Order, the Buyer must check:

  • the integrity of the packaging;
  • the absence of visible damage;
  • the quantity of the Goods;
  • that the contents correspond to the Order.

9.6. If any damage caused during transportation is detected, the Buyer should document it directly at the carrier's branch or in the presence of the carrier's representative and inform the Seller.

9.7. The delivery timeframe depends on the selected carrier, the Buyer's location and other circumstances that may affect the operation of the delivery service.

9.8. Most Orders confirmed before 15:00 are dispatched on the same day. Orders confirmed after 15:00, as well as on weekends or public holidays, may be dispatched on the next business day.

10. Exchange and Return of Goods

10.1. Exchanges and returns of Goods are carried out in accordance with the applicable legislation of Ukraine and the terms published on the “Exchange and Returns” page of the website.

10.2. The Buyer has the right to request an exchange or return of Goods of proper quality within the period established by the applicable legislation of Ukraine, provided that the requirements regarding the condition of the Goods are met.

10.3. An exchange or return of Goods of proper quality is possible provided that:

  • the Goods have not been used;
  • their original saleable condition has been preserved;
  • their consumer properties have been preserved;
  • the complete set of the Goods has been preserved;
  • manufacturer's markings, labels, seals and other elements have been preserved, where applicable;
  • the original packaging has been preserved, where applicable;
  • other requirements established by the applicable legislation of Ukraine have been met.

10.4. The Buyer bears the cost of shipping Goods of proper quality for exchange or return unless otherwise agreed with the Seller or provided for by the applicable legislation of Ukraine.

10.5. If the Buyer receives Goods with a manufacturing defect, damage, or if different Goods were mistakenly dispatched, the costs associated with exchange or return shall be handled in accordance with the applicable legislation of Ukraine and the terms agreed with the Seller.

10.6. Before sending Goods for exchange or return, the Buyer is advised to contact a representative of the “Hidrosad” online store and agree on the details.

10.7. After receiving returned Goods, the Seller checks their condition, completeness and compliance with the return conditions.

10.8. Refunds are issued after the Goods have been received and inspected in accordance with the requirements of the applicable legislation of Ukraine.

10.9. If a manufacturing defect, damage or another deficiency is discovered, the Buyer is advised to take photographs or video and notify the Seller.

11. Liability of the Parties and Dispute Resolution

11.1. The Parties are liable for failure to fulfil or improper fulfilment of their obligations in accordance with this Agreement and the applicable legislation of Ukraine.

11.2. The Seller is not liable for delivery delays caused by the carrier or by circumstances beyond the Seller's control.

11.3. The Seller is not liable for the inability to fulfil an Order resulting from incorrect, incomplete or inaccurate contact details provided by the Buyer.

11.4. The Seller is not liable for consequences resulting from improper installation, connection or use of the Goods by the Buyer in violation of the manufacturer's instructions, technical requirements or intended purpose of the Goods.

11.5. The Parties shall attempt to resolve all disputes and disagreements through negotiations.

11.6. If the Parties are unable to reach an agreement, the dispute shall be resolved in accordance with the applicable legislation of Ukraine.

12. Force Majeure

12.1. The Parties are released from liability for full or partial failure to fulfil their obligations under this Agreement if such failure results from force majeure circumstances that arose after the conclusion of the Agreement and are beyond the reasonable control of the Parties.

12.2. Such circumstances may include, but are not limited to, war, hostilities, emergencies, fires, floods, natural disasters, accidents, prolonged disruptions to transport or energy infrastructure, decisions of public authorities and other force majeure circumstances.

12.3. A Party that is unable to fulfil its obligations due to force majeure circumstances must notify the other Party within a reasonable period.

12.4. The period for fulfilling the obligations shall be extended for the duration of the relevant circumstances and their consequences.

13. Personal Data

13.1. By placing an Order, the Buyer provides the Seller with personal data necessary for processing, payment, delivery and support of the Order.

13.2. The Seller processes the Buyer's personal data to the extent necessary to fulfil the Order, maintain accounting and tax records, comply with legal requirements and ensure the operation of the online store.

13.3. Personal data may be transferred to third parties where necessary to fulfil the Order, including delivery services, payment providers, banks and other involved service providers, or in cases provided for by the legislation of Ukraine.

13.4. Advertising and marketing communications may be sent to the Buyer where appropriate consent or another lawful basis exists.

13.5. The Seller takes reasonable organizational and technical measures to protect Buyers' personal data from unauthorized access.

14. Other Terms

14.1. This Agreement is governed by the applicable legislation of Ukraine.

14.2. If any individual provision of this Agreement is found to be invalid or unenforceable, this shall not affect the validity of the remaining provisions of the Agreement.

14.3. Information regarding payment, delivery, exchanges and returns published in the relevant sections of the website forms an integral part of this Agreement.

14.4. The current version of this Agreement is permanently available on the “Hidrosad” online store website at https://gidrosad.com.ua/.

14.5. By placing an Order, the Buyer confirms that they have read the terms of this Agreement, understand them and agree to them in full.