about ordering and buying and selling goods
m. Odesa 23 May 2025 year
INDIVIDUAL ENTREPRENEUR MALYSHEVA MARIA GENNADIIVNA, which is a single tax payer (2-a group) according to the norms of the Tax Code of Ukraine, which acts in its own name on the basis of the Extract from the Unified State Register of Legal Entities, individual entrepreneurs and public organizations (in the future - Seller), officially and publicly offers to individuals, to natural persons-entrepreneurs, legal entities (in the future - Buyer, together in the future - Parties) conclude a contract of sale of the Goods, presented on the Site https://whooping.in.ua/.
This Agreement (offer) is public in accordance with Art. Art. 633, 641 Civil Code of Ukraine, contains all the essential terms of ordering and selling the Goods and is the same for all Buyers. By concluding this Agreement (offers) The buyer fully accepts the terms and conditions and procedure for ordering, payment of goods, delivery of goods, return of goods, liability for bad faith order and all other terms of the contract. The contract is considered concluded from the moment the Buyer clicks the "Confirm order" button on the checkout page in the "Basket" section and the Buyer receives an electronic order confirmation from the Seller.
Public contract (offer) (in the future - Offer) — public offer of the Seller, addressed to an undefined circle of people, conclude a contract for the sale of goods remotely on the terms and conditions with the Seller, contained in this Offer.
The seller is FOP Malysheva Maria Hennadiyevna, which is a party to this Offer, is a single tax payer (2-a group) according to the norms of the Tax Code of Ukraine, which acts in its own name on the basis of the Extract from the Unified State Register of Legal Entities, individual entrepreneurs and public organizations.
The buyer is a legal person, which reached 18 years, or a legal entity or an individual entrepreneur, which by its actions has shown its intention to join this Offer, receives information from the Seller, places an order for the purchase of the Product, that is presented on the website of the online store, is a party to this Offer.
The site of the online store is the site of the Seller at the address https://whooping.in.ua/, created for the conclusion of retail sales contracts on the basis of familiarization of the Buyer with the description of the Goods proposed by the Seller using the Internet.
The product is the object of the agreement between the Seller and the Buyer, which was selected by the Buyer on the Website of the online store and placed in the basket, or already purchased by the Buyer from the Seller remotely.
1.1. 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 Offer. List of Goods, their cost and other information about them are listed on the website of the online store.
1.2. Date of conclusion of the Offer (acceptance of the Offer) and the moment of complete and unquestionable acceptance by the Buyer of the terms of the Offer is considered the date when the Buyer clicks the "Confirm order" button on the checkout page in the "Basket" section and the Buyer receives an electronic confirmation of the order from the Seller.
1.3. The seller has no right to disclose information to third parties, which became known to the Seller in connection with the execution of this Offer, except in cases, provided by the current legislation of Ukraine.
1.4. The Buyer shall have no claims against the Seller regarding the disclosure of confidential information in the case of sending it to the Seller using telecommunication means of communication. The buyer bears personal responsibility for the access of third parties to confidential information and its disclosure in connection with the provision to third parties, including carelessness, access, login/password for the account on the website of the online store, non-compliance by the Buyer with other reasonable security conditions during the use of resources, involved in the purchase and sale of the Goods.
1.5. The parties guarantee each other, possessing the necessary legal capacity, as well as all rights and powers to conclude and fulfill the terms of the Offer.
1.6. The offer is mandatory for execution by the Seller from the date of its publication on the Website of the online store.
1.7. It is obligatory for the Buyer of the Offer from the moment of his acceptance of the offer to conclude the Offer — to take confirmatory actions. Unconditional and full acceptance of the terms of the Offer by the Buyer consists in the Buyer pressing the "Confirm order" button on the checkout page in the "Basket" section and the Buyer receiving an electronic order confirmation from the Seller.
1.8. The Offer is concluded by the Buyer joining the Offer proposed by the Seller in general and accepting all the essential terms of the Offer without signing a written copy of the Offer and has legal force in accordance with the provisions of Art.. 633, 634 Civil Code of Ukraine. The buyer cannot offer his own terms of the Offer.
1.9. The Buyer gives unconditional consent to the Seller to process the Buyer's personal data, including receiving and processing confidential information, images, photo-, audio, and video materials for the purpose of ordering and buying and selling Goods.
1.10. The terms of this Offer generally create and regulate mutual rights and obligations between the Buyer and the Seller when ordering and buying and selling Goods under the terms of this Offer.
1.11. Taking affirmative actions, by the Buyer pressing the "Confirm order" button on the checkout page in the "Basket" section and the Buyer receiving an electronic order confirmation from the Seller, The buyer unconditionally and unconditionally agrees to the terms of this Offer and confirms, that he is familiar with and agrees with the terms of this Offer, terms and conditions and procedure for placing an order, payment of goods, delivery of goods, return of goods, responsibility for an unscrupulous order and all other terms of the Offer, and also gives his consent to the collection and processing of his personal data in the order, determined by the current legislation of Ukraine.
2.1. The buyer places an order independently on the website of the online store through the "Basket" form, or by placing an order by e-mail or by phone, indicated in the contact section on the website of the online store.
2.2. The Seller has the right to refuse to transfer the order to the Buyer in the event, if information, specified by the Buyer when placing the order, are incomplete or cause suspicion regarding their validity.
2.3. When placing an order on the Website of the online store, the Buyer undertakes to provide the following mandatory information, necessary for the Seller to fulfill the order:
2.3.1. name of the business entity/FOP/Buyer's surname and first name (for individuals);
2.3.2. name of the settlement, region, branch number of Nova Poshta;
2.3.3. contact phone;
2.3.4. EDRPOU code for legal entities and individual entrepreneurs.
2.4. Name, number, item, the price of the Product selected by the Buyer is indicated in the Buyer's basket on the Website of the online store.
2.5. If any of the Parties to the Offer need additional information, The Party has the right to request this information from the other Party. In case of failure to provide the necessary information by the Buyer, The Seller is not responsible for processing the order and selling the Goods to the Buyer.
2.6. When placing an order through the Seller's phone number or email address (p. 2.1. of this Offer) The buyer undertakes to provide information, specified in p. 2.3.–2.4. of this Offer.
2.7. After the Buyer enters the relevant data in the registration form on the Online Store Site, placing an Order through the Seller's phone number or e-mail, data about the Buyer are entered into the Seller's database.
2.8. The buyer is responsible for the accuracy of the information provided when placing the Order.
2.9. Making an Offer, that is, accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing an Order, The buyer confirms the following:
A) The buyer is fully informed, and agree to the terms of this offer (offers);
b) The buyer gives permission for collection, processing and transfer of personal data, permission to process personal data is valid for the entire duration of the Offer, and also for an unlimited period after its expiration. In addition to this, by concluding the Offer, the Buyer confirms, that he is notified (without further notice) about rights, established by the Law of Ukraine "On Personal Data Protection", about the purposes of data collection, and also about that, that his personal data is transferred to the Seller for the purpose of being able to fulfill the terms of this Offer, the possibility of mutual settlements, and also to receive bills, acts and other documents. The buyer also agrees that, that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications from the Buyer for the purpose of fulfilling the Buyer's order. Scope of the Buyer's rights, as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.
3.1 The prices for the Goods are determined by the Seller independently and are indicated on the Website of the online store. All prices for the Goods are indicated on the Online Store website in hryvnias. The seller is a single tax payer 2 group and is not a VAT payer according to the Tax Code of Ukraine. The product price does not include VAT.
3.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of the Product, the cost of which is paid in full by the Buyer, cannot be changed by the Seller unilaterally.
3.2.1. In case of a technical error on the Website of the online store (including the incorrect price of the Product, photo or description), The Seller has the right to cancel the Buyer's order or offer new conditions for the purchase of the Goods. In the event of a technical error on the Website of the online store, the Buyer has the right to refuse the goods without consequences.
3.3. Price of the Product, which is indicated on the website of the online store, does not include shipping costs. Delivery of the Goods is carried out exclusively through "Nova Poshta" LLC. The buyer pays the cost of delivery directly to Nova Poshta in accordance with its current tariffs.
3.4. The approximate cost of delivery of the Goods by the Nova Poshta service is automatically calculated and displayed to the Buyer when placing an order on the Online Store Website. The final cost of delivery depends on the tariffs of the carrier and is paid by the Buyer directly upon receipt of the shipment.
3.5. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller on his account.
3.6. Settlements between the Seller and the Buyer are carried out in the following ways, at the Buyer's option:
All possible payment methods and their conditions of use are indicated on the website of the online store in the "Payment and Delivery" section. If you choose postpaid, The buyer also pays the cost of the money transfer service in accordance with the carrier's tariffs.
3.7. When receiving the goods, the Buyer must be in the presence of a representative of the delivery service (carrier) check the compliance of the Product with the qualitative and quantitative characteristics (name of the product, number, completeness).
3.8. The buyer or his representative, when accepting the goods, confirms with his signature on the delivery note or other accompanying document, which has no claim to quantity, appearance and completeness of the Product.
3.9. The right of ownership and the risk of accidental loss or damage to the Goods are transferred to the Buyer from the moment the Seller hands over the Goods to the Nova Poshta delivery service. From the moment the Goods are handed over to the carrier, the Seller is not responsible for the actions of the delivery service, terms of transportation, the loss, damage or delay in delivery of the Goods.
4.1. The seller is obliged:
4.1.1. Deliver the Goods to the Buyer in accordance with the terms of this Offer and the Buyer's order.
4.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except in cases, provided by law and during the execution of the Buyer's Order.
4.1.3. Notify the Buyer about the occurrence of any circumstances, that make it impossible to buy and sell the Goods.
4.2. The seller has the right:
4.2.1 Change the terms of this Offer, as well as prices for Goods unilaterally, placing them on the website of the online store. All changes take effect from the moment of their publication.
4.2.2. Refuse to sell the Goods to the Buyer if the Buyer presents incomplete and/or inaccurate information about himself to the Seller, as well as in the event of the Buyer's indebtedness to the Seller for any of the Seller's Goods.
4.2.3. Get, store and use information about the Buyer in accordance with the requirements of the legislation of Ukraine on the protection of personal data.
4.3 The buyer undertakes:
4.3.1 Before concluding the Offer, familiarize yourself with the contents of the Offer, terms of the Offer and prices, offered by the Seller on the Online Store Site.
4.3.2 Provide all necessary data, that uniquely identify him as the Buyer, and sufficient for the delivery of the ordered Goods to the Buyer.
5.1. The buyer has the right to return the goods to the seller of the appropriate quality, if the product did not satisfy him in terms of form, dimensions, style, in color, due to its size or other reasons, it cannot be used for its intended purpose. The buyer has the right to return goods of appropriate quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of appropriate quality is carried out, if it has not been used and if its commercial appearance has been preserved, consumer properties, package, seals, shortcuts, as well as a settlement document, issued to the Buyer for payment of the Goods. List of goods, which are not subject to return on grounds, provided for in this paragraph, approved by the Cabinet of Ministers of Ukraine.
5.2. The return to the Buyer of the cost of the Goods of appropriate quality is carried out within 30 (thirty) calendar days from the moment of receipt of such Goods by the Seller, subject to compliance with the requirements, provided for in. 5.1. Offers, current legislation of Ukraine.
5.3. The cost of the Goods is subject to refund by bank transfer to the Buyer's account.
5.4. The return of the Goods of proper quality to the Seller's address is carried out at the expense of the Buyer and the Seller does not reimburse the Buyer.
5.5. In case of detection of defects in the Product during the established warranty period, Buyer in person, in order and on time, established by the legislation of Ukraine, has the right to present claims to the Seller, provided for by the Law of Ukraine "On the Protection of Consumer Rights". When presenting requirements for free elimination of defects, the term for their elimination is calculated from the date of receipt of the Goods by the Seller at his disposal and physical access to such Goods.
5.6. Consideration of requirements, provided for by the Law of Ukraine "On the Protection of Consumer Rights", is carried out by the Seller on the condition that the Buyer provides documents, provided by the current legislation of Ukraine. The seller is not responsible for the defects of the goods, which arose after its transfer to the Buyer as a result of the Buyer's violation of the rules for the use or storage of the Goods, actions of third parties or force majeure.
5.7. The buyer does not have the right to refuse goods of proper quality, which has individually defined properties, if the specified product can be used exclusively by the Buyer, who bought it, (including. at the request of the Buyer, non-standard sizes, characteristics, appearance, equipment and others). Confirmation of that, that the product has individually defined properties, there is a difference in product sizes and other characteristics, that are indicated on the website of the online store.
5.8. Product return, in cases, provided by law and this Offer, is carried out at the address, indicated on the website of the online store in the "Contacts" section.
6.1. The seller is not responsible for damage, caused to the Buyer or third parties as a result of improper installation, using, storage of the Goods purchased from the Seller.
6.2. The seller is not responsible for improper, untimely fulfillment of orders and obligations if the Buyer provides inaccurate or erroneous information.
6.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Offer.
6.4. The parties are not responsible for non-fulfillment or improper fulfillment of the terms of this Offer in case of special circumstances for objective reasons (force majeure circumstances), which the Parties could not foresee and which prevent the Parties from fulfilling their obligations under this Offer.
6.5. Force majeure circumstances of the Parties include: natural disasters (the storm, cyclones, floods, earthquakes and other natural and climatic phenomena); war and hostilities, insurgency, blockade, mass riots, strikes, disturbances and other illegal actions; technological factors (lack of electricity, equipment damage, accidents, fires, etc.); actions, inaction or acts of state bodies, executive authorities and local self-government, aimed at terminating or suspending the performance of actions under this Offer, and such, that prevent the normal activity of the Parties.
6.6. Side, which cannot fulfill its contractual relations due to circumstances, specified in p. 6.5. The offeree must notify the other party in writing, but not later 7 (seven) calendar days from the date of their occurrence, and also properly confirm this fact.
6.7. The buyer is responsible for providing the seller with complete and reliable information, necessary for processing the order by the Seller, as well as for the timely and complete fulfillment of their financial obligations.
6.8. All controversial issues, that may arise from this Offer or in connection with its implementation, The parties will decide through negotiations, or in court, taking into account the provisions of p. 6.9. of this Offer, in accordance with the current legislation of Ukraine.
6.9. Pre-trial settlement of disputes is mandatory for the Parties to this Offer.
6.10. In case of impossibility of resolving differences through negotiations during 30 (thirty) days, the dispute is subject to consideration in the local court at the location of the defendant.
7.1. Providing your personal data on the Website of the online store when registering or placing an Order, The Buyer gives the Seller his voluntary consent to the processing, using (including transmission) your personal data, as well as performing other actions, provided for by the Law of Ukraine "On Personal Data Protection", without limiting the term of such consent. The owner of personal data is the Seller.
7.2. The Seller undertakes not to disclose the information received from the Buyer. The provision of information by the Seller to counterparties and third parties is not considered a violation, acting on the basis of a contract with the Seller, including for the fulfillment of obligations to the Buyer, and also in cases, when the disclosure of such information is established by the requirements of the current legislation of Ukraine.
7.3. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency.
7.4. The seller is not responsible for the disclosure of information, provided by the Buyer at the time of placing the order, if such disclosure is due to circumstances, which did not depend on the will of the Seller and could not be prevented or avoided by him (in particular, due to hacker attacks, interception of information data, placement of confidential information by the Buyer on external information resources and/or websites, etc).
7.5. The buyer bears personal responsibility for the disclosure of confidential information when he intentionally or negligently provides access to telecommunications resources to third parties, that were used during the purchase and sale of the Product or to the information provided/received during the purchase and sale of the Product.
7.6. The seller takes all possible measures to preserve confidential information, but is not responsible for its disclosure as a result of hacker attacks on the Seller's software or physical theft of media.
8.1. This Offer is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
8.2. Receiving, processing, storage and use of information about the Buyer is carried out by the Seller in accordance with the requirements of the Law of Ukraine "On the Protection of Personal Data".
8.3. By joining this Offer, the Buyer gives his consent to the Seller for storage, processing and use of his personal data, provided when concluding this Offer, in order to create the Seller's customer base, as well as for contacting the Buyer and selling the Goods.
8.4. The Buyer consents to the use by the Seller of the Buyer's contact data for sending informational messages and (or) advertising in nature, the text of which may contain personal and confidential information about the Buyer. At the written request of the Buyer, the latter's contact details are excluded from the list of recipients for informational and advertising messages.
8.5. The buyer understands and agrees that, that all the information, which is placed on the website of the online store, is of an informational and advisory nature only.
8.6. The current catalog of Products and their prices is posted on the website of the online store.
8.7. The offer comes into force for a specific Buyer from the moment he takes confirmatory actions and is valid until the Parties fully fulfill their obligations under this Offer.
8.8. This Offer is publicly announced to all Buyers, by placing it (promulgation) on the website of the online store.
8.9. The seller determines the conditions of the Offer independently and in compliance with the requirements of the current legislation of Ukraine. The Seller independently has the right to change the conditions of the Offer with mandatory notification of this to the Buyers on the Website of the online store.
8.10. When making changes to this Offer, The seller posts notices of such changes on the website of the online store. At the same time, the Seller guarantees and confirms, that the current version of the text of this Offer posted on the Website of the online store is valid. The buyer is responsible for familiarizing himself with the updated version of the Offer. Posting changes on the Online Store Site is considered sufficient notification of the Buyer about the change in conditions.
FOP Malysheva Maria Gennadyevna
EDRPOU 3506808562
y/y IBAN: UA443052990000026009004921565
JSC KB “Privatbank”
+380 63 567 73 00
Odesa, Odesa region, Ukraine