Public offer agreement

1. General Provisions

  1. This document, addressed to an indefinite number of persons, constitutes a Public Offer of Limited Liability Company “KSIMEX-ELECTRO” (hereinafter – the Seller) to conclude an electronic distance sales contract (via the Online Store).
  2.  In accordance with Articles 633, 641, 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this Offer, confirming its conclusion, is the fact of the Buyer’s confirmation of an order on the Online Store website.

1.3. Definitions:

  • Online Store: The Seller’s website located at: https: ksimex-electro.com.ua, created for concluding sales agreements (hereinafter also referred to as the “Website”).
  •  Seller: LLC “KSIMEX-ELECTRO” (the legal entity that sells the Goods).
  •  Buyer: A natural person, legal entity, or sole proprietor who places an Order in the Online Store and concludes this Agreement with the Seller.
  •  Goods: Electrical products, fittings, components, accessories, cable and wire products, and other merchandise offered for sale on the Website.
  •  Order: Items selected by the Buyer from the assortment presented on the Website, confirmed and submitted through the Website.

2. Subject of the Agreement

2.1. The Seller undertakes to transfer the Goods specified in the Order into the Buyer’s ownership, and the Buyer undertakes to accept and pay for the Goods in accordance with this Agreement.

2.2. Based on the Order, the Seller sells and delivers the Goods in accordance with the current price list published on the Website.

2.3. Photos and descriptions/characteristics accompanying the Goods are illustrations and provide general information; they may differ from the actual appearance of the Goods (e.g., due to differences in monitor color reproduction). To obtain complete information, the Buyer must contact the Seller before placing an Order. By confirming the Order, the Buyer simultaneously confirms that they have reviewed all technical characteristics provided in the product card on the Website.

2.4. Sale and delivery of Goods are carried out only within the territory of Ukraine and subject to transportation company restrictions regarding delivery to areas with active hostilities. Delivery is not performed to temporarily occupied territories or areas without “Nova Poshta” branches.

3. Ordering Process, Availability, and Price

3.1. Ordering. The Buyer independently places an Order for any Goods presented on the Website and available in stock (or under pre-order) using the Website’s functionality.

3.2. Placing an Order on the Website constitutes an offer to conclude an electronic contract pursuant to the Law of Ukraine “On Electronic Commerce.”

3.3. After placing an Order, the Buyer receives an automatic confirmation by email or in their user account.

3.4. The Seller stores information about the Order in an electronic system that enables reproduction of its content.

3.5. Availability of Goods. All Orders are accepted subject to the availability of Goods in the Seller’s warehouse or marked as “pre-order” with an estimated delivery date. The Buyer agrees that confirming an Order for Goods not currently in stock implies acceptance of possible delivery delays beyond the Seller’s control.

Actions in case of absence of the ordered Goods:

  • If the Goods are unavailable, the Seller’s sales manager must notify the Buyer (by phone or email).
  • The Buyer may replace the item with an equivalent one, refuse it, or cancel the Order.
  • If a prepaid Order is cancelled fully or partially, the corresponding amount is refunded to the Buyer.

3.6. Price. The price of Goods is the price indicated on the Website at the time of placing the Order. Prices include taxes (including VAT if applicable) and do not include delivery costs, which are added separately.

4. Payment and Delivery

4.1. Payment Procedure. The Buyer pays for the Order via bank transfer to the Seller’s bank account (bank transfer, payment cards). Payments are processed using services integrated into the Website (Pay by Mono, LiqPay, etc.). Processing and storage of payment data are carried out in accordance with the rules of the relevant services.

4.2. Payment Date. The date of payment is the date funds are credited to the Seller’s bank account.

4.3. Additional Costs. Payment system fees and delivery expenses (if the Order does not meet the conditions of free delivery, if applicable) are paid by the Buyer.

4.4. Delivery Conditions:

  • Delivery is performed to transportation company warehouses or by courier (as agreed).
  • The Goods are delivered provided all payment conditions are met and identification of the recipient is possible.
  • Delivery times are determined by the transportation company, but the Seller shall notify the Buyer of delays exceeding 3 business days.

4.5. Shipping Insurance

  • All shipments are insured for the full value specified in the delivery note.
  • In case of return, the Buyer must send the Goods at their own expense with mandatory insurance equal to the value listed in the delivery note.

4.6. Transfer of Risk. The risk of accidental loss or damage transfers to the Buyer at the moment of handover of the Goods to the Buyer (or Recipient/their authorized representative).

4.7. Acceptance of Goods. Upon receipt, the Buyer must check completeness, packaging integrity, and absence of external damage.

*4.8. Claims regarding mechanical damage, missing components, or packaging defects are accepted only at the moment of acceptance from the carrier.

4.9. If the Goods do not match the Order, the Buyer must immediately notify the Seller.

5. Warranty and Returns

5.1. Warranty Period. Unless otherwise specified by the manufacturer or Seller, the warranty period is 12 months from the date of receipt.

5.2. Quality. The Seller guarantees that the Goods meet state standards, current legislation, and the manufacturer’s technical specifications.

5.3. Returns (defective goods). If significant defects are found during the warranty period (confirmed by expert examination if required), the Buyer may request:

  • Termination of the Agreement and a refund;
  • Replacement of the Goods with an identical or similar item.

To return Goods, the Buyer must complete a return form provided with the Goods and delivery documents.
 If the return form is missing, the Seller may request additional data required by law.

If an identical product is unavailable or discontinued, the Seller may either replace it with a product of similar characteristics or refund the amount paid, minus depreciation at 5% per month from the purchase date (if the Buyer does not agree to replacement).

The Buyer agrees that additional identification may be required when requesting a refund.

5.4. Warranty Limitations. Warranty does not apply to defects caused by:

  • Violation of rules for installation, operation, or storage;
  • Use for non-intended purposes;
  • Foreign objects, liquids, insects inside the Goods;
  • Use of non-original consumables or components not certified by the manufacturer;
  • Unauthorized repair attempts or modification of design;
  • Damage caused by improper power supply parameters, mechanical damage, intentional or negligent actions, or force majeure.

5.5. Return of Goods of Proper Quality. The Buyer may return or exchange Goods of proper quality within 14 days from receipt if:

  • The Goods were not used;
  • Original appearance, labels, packaging, and consumer properties are preserved;
  • A proof-of-purchase document is provided.

5.6. Non-returnable items (proper quality):

  • Cable and wire products cut to the Buyer’s individual order;
  • Custom-assembled items or goods assembled to the Buyer’s technical specifications;
  • Goods with damaged packaging or used in installation;
  • Oversized or non-standard items imported under individual order.

The Seller checks returned Goods and documents within 3 business days, after which a refund is issued within the next 3 business days.

5.7. Return Costs. All return/exchange costs are borne by the Buyer. For returns of proper-quality Goods, the refund amount is reduced by the Seller’s documented expenses related to ordering and delivery.
Refunds are issued within 3 business days after all required documents are received.
For large or heavy defective goods (over 5 kg), the Seller may cover return and replacement delivery costs.

6. Liability and Force Majeure

6.1. The Seller’s liability for any Goods is limited to documented direct losses and does not include lost profits, indirect losses, or penalties.

6.2. The Seller is not responsible for manufacturer-initiated design changes or minor color discrepancies.

6.3. Force Majeure. Parties are released from liability for failure to perform obligations due to extraordinary, unforeseeable circumstances (strikes, fires, natural disasters, war, government acts, etc.).

7. Confidentiality and Personal Data Protection

7.1. When placing an Order and making payment, the Buyer provides unconditional consent to the collection, processing, storage, and use of their personal data (name, address, phone, email) in accordance with the Law of Ukraine “On Personal Data Protection.”

7.2. The Seller guarantees confidentiality and uses personal data solely for order fulfillment, Buyer identification, and settlements.

7.3. The Privacy Policy applicable to purchases on the Website is published separately in the “Privacy Policy” section. The Buyer confirms that they have reviewed it before confirming the Order.

8. Other Conditions

8.1. Amendments. The Seller may unilaterally amend this Agreement at any time without prior notice. The current version is always available on the Website. The version in effect at the time of Order confirmation applies to each Order.

8.2. Dispute Resolution. Parties shall use negotiation to resolve disputes. Otherwise, disputes are resolved under Ukrainian law.

8.3. Duration. The Agreement enters into force upon the Buyer’s Acceptance (confirmation of Order and payment) and remains in effect until all obligations are fully performed.

8.4. The Seller may transfer its rights and obligations to third parties without being released from responsibility for compliance with this Agreement.

8.5. Matters not regulated herein are governed by Ukrainian law.

9. Claims Procedure

9.1. Claims regarding Goods or service quality must be sent to the Seller’s email: electro@ksimex.ua
or in writing to the legal address.

9.2. Claims must include:

  • Buyer’s full name;
  • Order number;
  • Description of the issue;
  • Photo/video evidence (if available).

9.3. The Seller registers and reviews claims within 30 calendar days.

9.4. If additional expertise is necessary, the Seller notifies the Buyer of the extended review period.

10. Liability Limitations and Technical Errors

10.1. The Seller is not liable for temporary site unavailability, Internet failures, or third-party delivery service issues.

10.2. In case of an obvious technical error (incorrect price, availability, description), the Seller may cancel the Order with notification to the Buyer.

10.3. The Seller is not responsible for consequences of improper installation performed by the Buyer or third parties.

SELLER INFORMATION AND AUTHORIZED CLAIM RECIPIENTS

LLC “KSIMEX-ELECTRO”
Legal and physical address: Ukraine, 65114, Odesa,
Liustdorf Road, 140-V
EDRPOU Code: 32574250
Tax ID: 325742515533

Phone: +38 (0482) 34-26-96
 Fax: +38 (0482) 34-26-16
 Email: electro@ksimex.ua

Working hours: 8:30 – 17:30