Public Offer for Evimarko Market Shops

This document is a public proposal (offer) by [details to be provided] (hereinafter, “Evimarko”) to a business entity selling goods (hereinafter, the “Shop”) to conclude an agreement for the provision of the services of the “Evimarko Market” information platform (hereinafter, the “Market”) on the terms below (hereinafter, the “Offer”) in accordance with Articles 633, 634, 641 and 642 of the Civil Code of Ukraine and the Law of Ukraine “On Electronic Commerce”.

The Market may be temporarily unavailable or operate in test mode. The Offer is effective from the moment the Market is opened to the Shop.

1. What the Market is and Evimarko’s role

1. The Market is a section of the Evimarko service in which Shops place offers of goods (car care chemicals, films, materials, equipment, etc.) and studios that are Evimarko users can place orders.
2. Evimarko is solely an information platform (an intermediary in the exchange of information) and is not a seller, supplier, agent, commission agent or party to a sale and purchase agreement. The sale and purchase (supply) agreement is concluded directly between the Shop and the studio. The studio pays for goods directly to the Shop; Evimarko does not accept or hold funds for goods.
3. Evimarko does not verify the availability, quality, safety, lawfulness or conformity with description of goods and does not guarantee the performance of orders by any party.

2. Acceptance

Acceptance of the Offer consists of registering the Shop and ticking the consent box. The fact, time, IP address and version of the Offer are recorded in Evimarko’s log. The person registering the Shop warrants that they are authorised to act on behalf of the Shop.

3. Shop verification

1. The Shop’s goods become visible to studios only after verification. For verification, the Shop provides: its legal form, full name / full name of the sole proprietor (FOP), EDRPOU code or individual tax number (RNOKPP), documents confirming registration and the right to sell the goods and, where necessary, other documents at Evimarko’s request.
2. Evimarko has the right to refuse verification or to revoke it without giving reasons, in particular in the event of inaccurate data, sanctions risks, links to the aggressor state or complaints from studios.
3. The Shop shall keep its data up to date and notify any changes within 5 business days.

4. Commission, invoices and payment

1. For the use of the Market, the Shop pays Evimarko a commission of 5% of the value of completed orders (the value of the goods in the order, excluding delivery costs, unless otherwise stated in the Market). The commission rate for a particular Shop may be changed by agreement or with 14 calendar days’ notice; the change does not apply to orders already placed.
2. An order is deemed completed if the studio has marked it as “Received”, or if it is automatically deemed received 14 days after dispatch where the studio has not reported a problem. No commission is charged on items whose return has been accepted (or it is reversed in the next invoice).
3. Evimarko issues an invoice for the commission once a week for all orders completed in the preceding period. The invoice is available in the Shop’s account.
4. The Shop pays the invoice within 5 banking days of its issue to the bank details specified in the invoice.
5. Consequences of non-payment: if an invoice is not paid on time, Evimarko has the right to suspend the display of the Shop’s goods and the acceptance of new orders until the debt is repaid in full; if the delay exceeds 30 days, to terminate the Offer and recover the debt in the manner prescribed by law, taking into account Article 625 of the CCU (3% per annum and the inflation index). Suspension does not release the Shop from the obligation to fulfil orders already accepted.
6. The commission is non-refundable if the sale and purchase agreement has been performed, even if a dispute subsequently arises between the Shop and the studio.

5. Obligations and liability of the Shop

1. The Shop is solely and fully responsible for: the goods, their availability, quality, safety, completeness, labelling, and conformity with the description and photos; prices and promotions; warranty obligations; delivery; acceptance of returns and exchanges; tax obligations and the issuing of settlement documents (fiscal receipts, delivery notes); compliance with legislation on consumer protection, advertising, technical regulations, licensing and intellectual property.
2. If the buyer is a consumer within the meaning of the Law of Ukraine “On Consumer Rights Protection”, all obligations of the seller under that Law (provision of information, warranty, returns within 14 days, etc.) are borne by the Shop.
3. The Shop warrants that it holds the rights to the texts, photos and trademarks it posts and that the goods are not counterfeit, smuggled, subject to sanctions or prohibited from circulation.
4. It is prohibited to post: goods prohibited or restricted in circulation; goods originating from the aggressor state; false information; to artificially inflate reviews or ratings; or to steer studios towards transactions outside the Market for the purpose of avoiding commission on orders received through the Market.
5. The Shop shall indemnify Evimarko for any losses, fines and expenses (including legal costs) arising from claims by studios, consumers, right holders or public authorities relating to the Shop’s goods or actions.
6. The Shop processes studios’ personal data (contacts, delivery addresses) obtained to fulfil an order as an independent controller, solely for the purpose of fulfilling the order, in compliance with the Law of Ukraine “On Personal Data Protection”.

6. Rights of Evimarko

1. Evimarko has the right, without notice, to remove or hide a product, a review or the entire Shop, or to suspend the account, if: this Offer or the law has been breached; complaints have been received; an invoice has not been paid; there are signs of fraud or a threat to the Market’s reputation.
2. Evimarko determines the display order of goods (relevance, rating based on reviews, availability, rotation) and does not guarantee the Shop any particular number of impressions or orders.
3. Evimarko does not delete studios’ reviews at the Shop’s request, except for reviews containing insults, spam or clearly false information; the Shop may reply to a review.

7. Limitation of Evimarko’s liability

The Market is provided “as is”. Evimarko is not liable for the acts or omissions of Shops and studios, for goods, payment and delivery, or for lost profits and indirect losses. Evimarko’s aggregate liability to the Shop is limited to the amount of commission paid by the Shop for the last calendar month, to the extent permitted by law. The provisions of the Terms of Use on force majeure, intellectual property, amendment of terms, governing law and pre-trial dispute resolution apply to this Offer accordingly.

8. Term and termination

The Offer is valid for an indefinite period. The Shop may cease participating in the Market by notifying Evimarko in writing, after fulfilling accepted orders and paying all invoices. Evimarko may terminate the Offer by giving the Shop 14 days’ notice and, in the event of breaches, immediately. The Shop’s data is retained in accordance with the Privacy Policy.

9. Evimarko’s details

[details to be provided]
Individual tax number (RNOKPP) / EDRPOU code: [details to be provided]
Address: [details to be provided]
Email: [email protected]
Phone: [details to be provided]