Public Offer Agreement
Public offer agreement for the remote sale of goods
Effective date: 01.01.2025 | Revision date: 10.08.2026
This document is an official proposal (offer) by Individual Entrepreneur Ivanovych Oleksiy Romanovych (hereinafter — the "Seller"), operating under the trademark GYMFAST at gymfast.com.ua, to enter into a goods purchase and sale agreement on the terms set out below.
In accordance with Articles 633 and 641 of the Civil Code of Ukraine and the Law of Ukraine "On Electronic Commerce", this document has the legal force of a contract. Placing an order on the website constitutes full and unconditional acceptance of the terms of this Offer.
1. Terms and Definitions
- Seller — Individual Entrepreneur Ivanovych Oleksiy Romanovych, trademark GYMFAST.
- Buyer — any individual or legal entity that has placed an Order on the website.
- Website — the online store gymfast.com.ua.
- Goods — a product listed in the Website catalogue.
- Order — a duly submitted request by the Buyer to purchase Goods through the Website.
- Acceptance — the placement of an Order by the Buyer, signifying agreement to the terms of this Offer.
2. Subject Matter of the Agreement
The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to accept and pay for them under the terms of this Agreement.
The range, quantity, and price of the Goods are determined in accordance with the submitted Order.
3. Placing an Order
- Orders can be placed through the Website 24/7.
- After placing an order, the Buyer receives a confirmation to the provided phone number.
- The Seller's manager processes Orders daily and contacts the Buyer to confirm product availability and clarify delivery details.
- An Order is considered accepted after confirmation by the manager.
- The Seller reserves the right to decline an Order if the Goods are out of stock, with mandatory notification to the Buyer.
4. Prices and Payment
- All prices on the Website are listed in Ukrainian hryvnias (UAH) inclusive of VAT.
- The price is fixed at the time of placing the Order and cannot be changed unilaterally after confirmation.
- Available payment methods:
- Cash on delivery — payment upon collection at the delivery service branch (delivery service commission is borne by the Buyer)
- Online card payment — Visa, Mastercard via a secure payment service
- The Seller does not store Buyers' bank card details.
5. Delivery
- Delivery is available throughout Ukraine via Nova Poshta, Ukrposhta, and courier services.
- Delivery cost and timeframes depend on the chosen method and the delivery service's rates.
- Free delivery is provided for orders above the amount specified on the Website at checkout. Promotional terms may change.
- Estimated delivery time: 1–5 business days depending on the region.
- Once the Goods are handed over to the delivery service, the Buyer receives a tracking number for the parcel.
- The risk of accidental loss or damage to the Goods passes to the Buyer from the moment the Goods are handed over to the delivery service.
- If the Buyer does not collect the order from the branch within the storage period, the parcel is returned to the Seller. Return delivery costs may in such case be charged to the Buyer.
6. Returns and Exchanges
Returns and exchanges are carried out in accordance with the Law of Ukraine "On Consumer Rights Protection".
6.1 Returns of goods of proper quality
- The Buyer has the right to return or exchange goods of proper quality within 14 calendar days from the date of receipt (not counting the day of purchase).
- Return conditions: the goods have not been used, their commercial appearance, consumer properties, seals and labels are intact, and documents are present.
- Return shipping costs for goods of proper quality are borne by the Buyer.
6.2 Returns of defective goods
- If defects are found in the goods, the Buyer has the right to demand a replacement, repair, or refund.
- Return shipping costs for defective goods are borne by the Seller.
- To initiate a return, please contact the Seller at info@gymfast.com.ua with a description of the issue and photographs.
6.3 Refunds
- Refunds are issued within 7 business days after the returned goods are received and inspected.
- Refunds are made via the same payment method used for the original purchase.
7. Warranty
The Seller acts as an intermediary (selling goods from manufacturers and suppliers). Warranty service is provided in accordance with the manufacturer's terms for the specific product, unless otherwise stated in the product description on the Website.
If you have any quality complaints about a product, please contact us at info@gymfast.com.ua — we will help resolve the matter with the supplier.
8. Rights and Obligations of the Parties
The Seller undertakes to:
- Deliver the Goods to the Buyer in the quantity and assortment matching the Order
- Notify the Buyer of any unavailability of Goods or inability to fulfil the Order
- Ensure the accuracy of product information on the Website
- Comply with the terms of this Agreement and applicable Ukrainian law
The Buyer undertakes to:
- Provide accurate information when placing an Order
- Pay for and collect the Goods in a timely manner
- Read the terms of this Offer before placing an Order
9. AI Assistant (Chatbot)
The Website features an AI assistant (chatbot) that helps Buyers with product selection, catalogue navigation, and placing orders.
- The AI assistant operates on the basis of artificial intelligence technologies and uses information from the Website catalogue.
- The AI assistant's recommendations are purely informational and advisory in nature and do not constitute medical, nutritional, pharmaceutical, or any other professional advice.
- The Seller is not responsible for decisions made by the Buyer based on the AI assistant's recommendations, including the choice of products, their use, dietary supplement dosage, etc.
- The AI assistant may make mistakes or provide inaccurate or incomplete information. The Buyer is solely responsible for verifying information before making a decision.
- Before consuming sports nutrition, dietary supplements, or other specialised products, it is recommended to consult a doctor or qualified specialist.
- Orders placed through the AI assistant are subject to the same terms as orders placed by any other method on the Website.
- Chat dialogue texts may be processed and stored to improve service quality in accordance with the Privacy Policy.
10. Liability of the Parties
- The Seller is not liable for delivery delays caused by the delivery service or force majeure circumstances.
- The Seller is not liable for damage caused by the Buyer's improper use of the Goods.
- In case of a breach of the terms of this Agreement, the parties shall be liable in accordance with applicable Ukrainian law.
11. Force Majeure
The parties are released from liability for partial or complete non-performance of obligations if such non-performance results from force majeure circumstances: military actions, natural disasters, decisions of state authorities, communication network failures, and other circumstances beyond the parties' control. The party affected by such circumstances must notify the other party as soon as possible.
12. Dispute Resolution
All disputes shall be resolved through negotiation. If no agreement is reached, disputes shall be settled in accordance with applicable Ukrainian law in court at the Seller's place of business.
The relationship between the Seller and the Buyer is governed by the laws of Ukraine, including:
- Civil Code of Ukraine
- Law of Ukraine "On Consumer Rights Protection"
- Law of Ukraine "On Electronic Commerce"
13. Changes to the Offer
The Seller reserves the right to unilaterally amend the terms of this Offer. Changes take effect upon their publication on the Website. Continued use of the Website after publication of changes constitutes acceptance of the new terms.
14. Seller Contact Information
By placing an order on gymfast.com.ua, you confirm that you have read the terms of this Agreement, fully understand them, and agree to be bound by them.