Public Offer

This English version is a translation provided for convenience only. In the event of any discrepancy between this translation and the Ukrainian version, the Ukrainian version shall prevail.

This document is a public proposal (offer), within the meaning of Articles 633, 641 and 644 of the Civil Code of Ukraine, to conclude a contract for the sale and purchase of goods on the terms set out below. The contract is concluded at a distance in accordance with the Law of Ukraine "On Electronic Commerce" and the Law of Ukraine "On Consumer Rights Protection".

1. Definitions

• Seller - an individual entrepreneur (sole proprietor, FOP) whose details are set out in section 13, selling through the Website.
• Buyer - an individual, individual entrepreneur (FOP) or legal entity placing an Order. A Buyer who is an individual purchasing Goods for personal needs is a consumer.
• Website - thermera.com.ua including all its pages.
• Goods - wood pellets, agro pellets, coal, fuel briquettes, peat briquettes and other solid fuel offered on the Website.
• Order - the Buyer's request to purchase Goods, placed via the Website (order form, cart, personal account), by phone or via a messenger.
• Personal Account - the section of the Website where a registered Buyer can see their Orders, their status and the waybill (TTN) number.

2. Subject matter of the contract and procedure for its conclusion

2.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to accept and pay for them on the terms of this contract.

2.2. Placing an Order by the Buyer constitutes acceptance of this offer. The contract is deemed concluded from the moment the Seller confirms the Order (by phone, SMS, messenger, e-mail or by changing the status in the Personal Account to "Confirmed"). By placing an Order, the Buyer confirms that they have read this offer and the Privacy Policy and agree to them.

2.3. During confirmation, the manager agrees with the Buyer on the product range, packaging, quantity, final price, method and cost of delivery, and dispatch date. If the Goods are out of stock or the price has changed, the Seller shall notify the Buyer, and the Buyer may accept the new terms, replace the Goods or cancel the Order at no cost.

2.4. For wholesale lots (as a rule, from 5), deliveries with deferred payment or regular deliveries, the Parties may conclude a separate written supply contract. In the event of any discrepancy, the separate contract shall prevail.

3. Price

3.1. Prices on the Website are stated in hryvnias (UAH) per the unit indicated next to the Goods (bag, pack, pallet, big bag, tonne).

3.2. The cost of delivery, unloading, lifting or carrying the Goods is not included in the price of the Goods, unless expressly stated otherwise on the Website or agreed when the Order is confirmed.

3.3. The Seller may change prices on the Website. The price of a confirmed Order does not change, except where the Buyer changes the contents of the Order.

3.4. Whether VAT is included in the price is determined by the Seller's tax status and is stated in the invoice.

4. Payment

4.1. The following payment methods are available:

• on receipt at a branch or from the carrier's courier (cash on delivery; the transfer fee is paid by the Buyer at the carrier's rates);
• in cash or by card to the driver or the Seller's representative upon delivery by the Seller's own or hired transport;
• bank transfer to the Seller's account against an issued invoice (for legal entities and sole proprietors (FOP), with supporting documents);
• other methods stated on the "Delivery and Payment" page.

4.2. For large lots, bulk loads, deliveries to remote regions or made-to-order Goods, the Seller may request partial or full prepayment. This is agreed before the Order is confirmed.

4.3. Together with the Goods, the Seller provides a payment document (fiscal receipt) in paper or electronic form and, on request, a delivery note and quality documents for the lot.

5. Delivery and tracking

5.1. Delivery methods: by Nova Poshta or other carriers (bags, packs, trial lots), by the Seller's own or hired freight transport (pallets, big bags, bulk), or self-pickup from the warehouse. Delivery times and costs are set out on the "Delivery and Payment" page and are agreed during confirmation.

5.2. Delivery times by carriers are approximate. The Seller is not liable for delays caused by the carrier, but assists the Buyer in establishing the reasons and filing a claim.

5.3. After dispatch, the Buyer receives the waybill (TTN) number. The Order status and shipment movement can be tracked in the Personal Account or on the tracking page using the Order number. Statuses are for information purposes only and are generated on the basis of data from the Seller and the carrier.

5.4. For delivery by freight transport, the Buyer shall ensure vehicle access to the unloading point and space for storage. If access is not possible, the Parties shall agree on another place of handover; additional mileage or waiting time is paid separately by prior agreement.

5.5. Ownership of the Goods and the risk of their accidental loss or damage pass to a consumer Buyer at the moment the Goods are received. For Buyers who are legal entities or sole proprietors (FOP), in the case of self-pickup or delivery by the Buyer's own carrier, they pass at the moment the Goods are handed over to the Buyer or its carrier.

6. Acceptance of the Goods

6.1. Upon receipt, the Buyer checks the number of items (bags, packs, pallets), the integrity of the packaging and the conformity of the Goods with the Order.

6.2. If a shortage, damaged packaging or non-conformity is found, the Buyer records this in the carrier's documents or in the delivery note, takes photos and notifies the Seller on the day of receipt. At the Buyer's request, a control weighing may be carried out.

6.3. Acceptance of the Goods without comments does not deprive a consumer Buyer of the right to make quality claims within the time limits established by law.

7. Quality of the Goods

7.1. The characteristics of the Goods (fraction, moisture, ash content, calorific value, packaging) are stated in the description on the Website and in the quality documents for the lot. The values may vary within the tolerances established by standards and the manufacturer's documents.

7.2. Solid fuel is a natural product. The presence of fines and dust within the standard limits, and differences in the shade, size and shape of pellets or lumps, are not defects.

7.3. The Buyer shall store the Goods in a dry, ventilated place protected from precipitation and ground moisture. The Seller is not liable for changes in the properties of the Goods resulting from a breach of storage conditions after handover.

7.4. Combustion performance depends on the type and settings of the boiler. Before a large purchase, we recommend ordering a trial bag.

8. Returns and exchanges

8.1. Goods of proper quality. A consumer Buyer has the right to withdraw from Goods purchased at a distance within 14 calendar days from the date of receipt without giving any reason. Goods may be returned if they have not been used and have retained their marketable condition and intact factory packaging (bags, packs, pallet film). The cost of return transport is paid by the Buyer. The money is refunded no later than 30 days from the date the Seller receives the returned Goods.

8.2. Goods of improper quality. If the Goods are defective, a consumer Buyer has the rights provided for by consumer protection legislation: replacement with the same Goods of proper quality, a proportionate price reduction, or termination of the contract with a refund of the amount paid. To have a claim considered, send photos of the Goods, the label and the packaging and the Order number, and, at the Seller's request, provide a sample. The cost of delivering Goods of improper quality is borne by the Seller.

8.3. How to make a return. Write to [email protected] or call +380 (97) 062-32-37. We will reply within 3 business days and agree on the return method.

8.4. For Buyers who are legal entities or sole proprietors (FOP) purchasing Goods for business purposes, returns and quality claims are governed by the Civil Code and the Commercial Code of Ukraine and by a separate supply contract (if any).

9. Cancellation of an Order

9.1. The Buyer may cancel an Order free of charge before it is dispatched by notifying the manager or via the Personal Account.

9.2. If the Buyer refuses the Order after dispatch or does not collect it at the carrier's branch, the Buyer shall reimburse the Seller's actual costs of delivery in both directions, unless otherwise provided by law.

9.3. The Seller may cancel an Order if it is unable to contact the Buyer within 3 business days, if the Buyer has provided false information, or if the Goods are unavailable. In this case, any money paid is refunded in full.

10. Liability and force majeure

10.1. The Parties are liable for non-performance of the contract in accordance with the legislation of Ukraine.

10.2. The Parties are released from liability for failure to perform their obligations due to force majeure circumstances: hostilities, shelling, air raid alerts, traffic restrictions, power outages, natural disasters, decisions of public authorities. The time for performance is extended for the duration of such circumstances; a Party shall notify the other Party of them as soon as possible.

11. Personal data

The Seller processes the Buyer's personal data for the performance of this contract in accordance with the Privacy Policy. Promotional mailings are sent only with the Buyer's separate consent.

12. Dispute resolution and other terms

12.1. Disputes shall be resolved through negotiations. If no agreement is reached, the dispute shall be heard by a court in accordance with the legislation of Ukraine. A consumer Buyer may also apply to the State Service of Ukraine on Food Safety and Consumer Protection (Держпродспоживслужба).

12.2. The Seller may amend this offer by publishing a new version on the Website. An Order confirmed before the amendment is governed by the version in force at the time of confirmation.

12.3. The use of the Website and the Personal Account is also governed by the Website Terms of Use.

13. Seller details

• Sole proprietor (FOP) (full name is stated in the invoice and fiscal receipt)
• Address: stated on the "Contacts" page
• Phone: +380 (97) 062-32-37
• E-mail: [email protected]