Individual entrepreneur Artur Oleksandrovych Soletskyi, taxpayer registration number (RNOKPP) 3516906114 (hereinafter the “Seller”), who sells sportswear through the online store website at https://marsaactive.com/, guided by Articles 633, 641 and 642 of the Civil Code of Ukraine, offers an unlimited number of persons (hereinafter the “Buyer”) to enter into a public agreement for the purchase of goods through the online store on the terms set out in this public offer (hereinafter the “Agreement”).
1. DEFINITIONS
1.1. Public offer – the Seller’s proposal, set out in this document and published on the Website, to conclude an Agreement with the Buyer on the terms specified herein.
1.2. Agreement – the agreement concluded between the Seller and the Buyer as a result of acceptance of the Public offer, governing the Buyer’s purchase of Goods through the online store.
1.3. Acceptance – the Buyer’s full and unconditional acceptance of the terms of the Public offer by placing an Order with the Seller in the manner set out in Section 3 of this Agreement.
1.4. Website – the Seller’s online store website at https://marsaactive.com/, where this Public offer and information about the Goods are published.
1.5. Goods – sportswear and other goods offered for sale by the Seller on the Website.
1.6. Order – a request made by the Buyer via the Website to purchase selected Goods, specifying their name, size, quantity and other details required for payment and delivery.
1.7. Buyer – an individual who intends to purchase or has purchased Goods for personal needs by accepting the Public offer.
2. SUBJECT OF THE AGREEMENT
2.1. Under this Agreement, the Seller undertakes to transfer the Goods selected by the Buyer into the Buyer’s ownership, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
2.2. Goods are sold remotely through the online store on the basis of the Buyer’s review of the information about the Goods published on the Website and the Order placed by the Buyer.
2.3. The name, model, size, colour, quantity and price of the Goods purchased by the Buyer are determined by the relevant Order. Information on the main characteristics of the Goods is provided on the Goods’ page on the Website.
2.4. Photographs of the Goods on the Website are intended to show their appearance. The colour shade on the Buyer’s screen may differ from the actual colour due to the way the device displays colours.
3. ACCEPTANCE OF THE AGREEMENT
3.1. Before placing an Order, the Buyer is given the opportunity to read the terms of this Public offer, the information about the selected Goods, their price and the available payment and delivery methods.
3.2. To place an Order, the Buyer selects the Goods, provides the details required for their purchase and delivery, checks the contents of the Order and clicks the “Check out” button. Before clicking this button, the Buyer may change or correct the details provided.
3.3. Clicking the button specified in clause 3.2 of this Agreement constitutes the Buyer’s full and unconditional acceptance of its terms.
3.4. The Agreement is deemed concluded from the moment the Seller receives the Order by which the Buyer accepted the Public offer. The Buyer’s choice of payment upon receipt of the Goods does not affect the fact that the Agreement has been concluded.
3.5. At the Buyer’s request, an Order may be placed by contacting the Seller using the contact details published on the Website. In this case, acceptance of this Public offer is the Buyer’s oral or written confirmation of the Order after agreeing with the Seller the name, quantity and price of the Goods, as well as the method of payment and delivery.
3.6. The Seller confirms receipt of the Order by sending a message to the email address or phone number provided by the Buyer, or in another way available when placing the Order. Such a message confirms that the Seller has received the Order.
3.7. If, after the Order has been placed, it turns out that the ordered Goods are unavailable or the Order cannot be fulfilled on the agreed terms, the Seller shall promptly notify the Buyer. Replacement of the Goods or changes to the terms of the Order are made with the Buyer’s consent. If the Buyer has already paid for the Goods and the parties have not agreed on a replacement, the money paid shall be refunded.
3.8. The Buyer may contact the Seller to correct an error in the Order or to cancel it using the contact details provided on the Website. The consequences of such a request after the Agreement has been concluded are determined by the terms of this Agreement.
4. PAYMENT
4.1. The price of each item is shown on the relevant page of the Website in hryvnias. The total cost of the Order is shown to the Buyer before it is placed and consists of the cost of the selected Goods.
4.2. The cost of delivery, if paid by the Buyer, is communicated to the Buyer before the Order is placed or is determined according to the rates of the selected carrier in cases notified to the Buyer before the Agreement is concluded.
4.3. The Buyer pays for the Goods using one of the methods available on the Website when placing the Order. The terms and timing of payment depend on the payment method chosen by the Buyer.
4.4. The price of the Goods specified in the Order placed by the Buyer may not be changed unilaterally by the Seller after the Agreement has been concluded. Changes to the contents or cost of the Order are permitted by agreement of the Parties.
4.5. If online payment is chosen, the Buyer makes the payment through the payment service available on the Website. If the payment was not completed or was declined, the Goods are not considered paid for. The Buyer may retry the payment or contact the Seller to agree on further fulfilment of the Order.
4.6. If payment upon receipt of the Goods is chosen, the Buyer pays upon receipt in the manner communicated by the Seller when the Order is placed and in accordance with the terms of the chosen carrier, in particular JSC Ukrposhta or Nova Poshta LLC.
4.7. The Seller provides the Buyer with a payment document in accordance with the procedure established by the legislation of Ukraine.
5. DELIVERY OF GOODS
5.1. Goods are delivered by the methods available to the Buyer on the Website when placing the Order. The Buyer selects the delivery method and provides the information required for delivery.
5.2. Information about delivery times and costs is provided to the Buyer before the Order is placed. If the exact delivery time depends on the carrier, the Seller informs the Buyer when the Goods will be handed over to the carrier and the available information on the estimated delivery time.
5.3. The Seller hands over for delivery Goods that correspond to the placed Order within the time agreed with the Buyer. If circumstances arise that prevent the Order from being fulfilled within this time, the Seller shall notify the Buyer.
5.4. The Goods are handed over to the Buyer or the recipient designated by the Buyer at the address or collection point selected when placing the Order.
5.5. When receiving the parcel, the Buyer must check the integrity of the packaging and that the Goods received match the Order, are complete and have no visible damage. If damage to the packaging or the Goods, or a mismatch with the Order, is found, the Buyer should, where possible, record these circumstances together with the carrier’s representative and promptly notify the Seller using the contact details on the Website.
6. EXCHANGE AND RETURN OF GOODS
6.1. Within fourteen days, the Buyer has the right to ask the Seller to exchange Goods of proper quality if they do not suit the Buyer in size, style or colour or cannot be used for their intended purpose for other reasons.
6.2. Goods of proper quality are exchanged if they have not been used and their original appearance, consumer properties, seals and labels are preserved, together with the document confirming the purchase of the Goods from the Seller.
6.3. If, at the time of the Buyer’s request, similar Goods are not available for exchange, the Buyer has the right to choose other Goods from the available range with a corresponding recalculation of the price, to terminate the Agreement and receive a refund of the money paid for the Goods, or to make the exchange once the relevant Goods become available.
6.4. The right to an exchange on the grounds specified in clause 6.1 of this Agreement does not apply to goods of proper quality included in the list of goods not subject to exchange (return) approved by the Cabinet of Ministers of Ukraine and the current Law of Ukraine “On Consumer Rights Protection”.
6.5. To request an exchange or termination of the Agreement, the Buyer contacts the Seller using the contact details on the Website, provides the Order number or other details identifying the purchase and states the request. The Seller informs the Buyer of the address and procedure for sending the Goods.
6.6. To exercise the right provided for in clause 6.1, the Buyer must keep the Goods received in an unaltered condition. Opening the packaging, examining or checking the Goods, including trying them on to determine the size, does not in itself deprive the Buyer of the right to terminate the Agreement. Using sportswear for its intended purpose, in particular wearing it during a workout or washing it, does not constitute examining or checking the Goods.
6.7. If the Agreement is terminated, the Buyer returns the Goods by post in the manner agreed by the Parties.
6.8. Refunds are made by the Seller in the manner and within the time limits established by the legislation of Ukraine for the relevant ground. The Buyer is informed of the refund method; if necessary, the Parties agree on the details for the transfer.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Seller undertakes to:
7.1.1. Provide the Buyer, before the Agreement is concluded, with necessary, accessible and reliable information about the Goods, their price and the terms of payment, delivery, exchange and return.
7.1.2. Transfer to the Buyer Goods of proper quality that correspond to the terms of the placed Order and the information about them provided on the Website.
7.1.3. Fulfil the Order within the time agreed with the Buyer and inform the Buyer of any circumstances that prevent the Order from being fulfilled on the agreed terms.
7.1.4. Consider the Buyer’s requests regarding the Goods, their exchange or return, and satisfy justified claims in the manner established by the legislation of Ukraine.
7.2. The Seller has the right to:
7.2.1. Receive payment for the Goods in accordance with the payment method chosen by the Buyer and the terms of the placed Order.
7.2.2. Contact the Buyer using the contact details provided to clarify information required to fulfil the Order.
7.2.3. Change the range and prices of the Goods on the Website. Such changes do not affect the terms of Agreements concluded before they were made.
7.3. The Buyer undertakes to:
7.3.1. Provide reliable information required to place, pay for and deliver the Order, and promptly notify the Seller of any error found in this information.
7.3.2. Pay for and accept the Goods in accordance with the terms of the placed Order and this Agreement.
7.4. The Buyer has the right to:
7.4.1. Receive Goods that correspond to the placed Order, together with information about their main characteristics and care instructions.
7.4.2. Request an exchange or return of Goods of proper quality on the terms of Section 6 of this Agreement.
7.4.3. If Goods with defects are received, make the claims against the Seller provided for by the Law of Ukraine “On Consumer Rights Protection”.
8. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
8.1. The Parties are liable for non-performance or improper performance of their obligations under this Agreement in accordance with the legislation of Ukraine.
8.2. The Seller is responsible for ensuring that the Goods handed over to the Buyer correspond to the terms of the Order, the information provided about the Goods and the quality requirements established by law.
8.3. If the Buyer has provided incorrect or incomplete delivery details, the Seller is not responsible for any delay or impossibility of delivery to the extent caused by such details.
8.4. The Parties shall seek to resolve disputes arising from this Agreement through negotiation. If no agreement is reached, the dispute shall be resolved in the manner established by the legislation of Ukraine.
9. FORCE MAJEURE
9.1. A Party is released from liability for breach of an obligation under this Agreement if it proves that the breach occurred as a result of force majeure circumstances which it could not prevent and which directly made the performance of the relevant obligation impossible.
9.2. Such circumstances may include, in particular, hostilities, shelling, blocked delivery routes, natural disasters and decisions of state authorities. However, the mere existence of martial law is not sufficient grounds for releasing a Party from liability.
9.3. A Party prevented by force majeure from performing an obligation shall notify the other Party within a reasonable time after it becomes able to contact it. The notice shall specify the circumstances relied upon and their impact on the performance of the Agreement.
9.4. If, due to such circumstances, the Seller is unable to deliver Goods that have been paid for, the Parties shall agree on a new delivery date or the cancellation of the relevant Order with a refund to the Buyer of the money paid for the Goods.
10. CHANGES TO THE TERMS
10.1. The Seller has the right to change the terms of this Public offer by publishing a new version on the Website.
10.2. A new version of the Public offer comes into force from the moment it is published on the Website, unless a later effective date is specified in it.
10.3. An Order placed before a new version of the Public offer comes into force is governed by the terms in effect at the time the relevant Agreement was concluded.
10.4. The terms of an Agreement already concluded, in particular the contents of the Order, the price and the method of payment and delivery, may be changed by agreement between the Seller and the Buyer.
11. TERM OF THE AGREEMENT
11.1. This Public offer is valid from the moment it is published on the Website until it is replaced by a new version.
11.2. The Agreement for a specific Order comes into force from the moment it is concluded in accordance with Section 3 of this Agreement and remains in force until the Parties fulfil their obligations or until it is terminated on the grounds provided for by the Agreement or the legislation of Ukraine.
12. ELECTRONIC COMMUNICATION BETWEEN THE PARTIES
12.1. Notifications relating to the placement and fulfilment of the Order may be sent to the email address or phone number provided by the Buyer when placing the Order, including via messaging apps.
12.2. The Buyer may contact the Seller regarding performance of the Agreement or the exchange or return of Goods using the contact details published on the Website.
12.3. Electronic messages, Order confirmations and other data of electronic communication between the Parties may be used to confirm the contents of the Order and the circumstances of performance of the Agreement in accordance with the legislation of Ukraine.
13. PERSONAL DATA
13.1. The Seller processes the personal data provided by the Buyer when placing the Order for the purpose of accepting and fulfilling it, making payments, delivering the Goods, handling the Buyer’s requests and fulfilling obligations established by the legislation of Ukraine.
13.2. Depending on how the Order is placed and delivered, such data may include the name and surname of the Buyer or recipient, phone number, email address, delivery address and information about the Order.
13.3. To fulfil the Order, the Seller may transfer the necessary data to the carrier, the payment service and other persons involved in payment for or delivery of the Goods, to the extent required for them to perform their functions.
14. SELLER’S DETAILS
Individual entrepreneur Artur Oleksandrovych Soletskyi
Email: marsaactive@gmail.com
Phone: +380 (73) 015 15 88
IBAN UA213220010000026004300025816
RNOKPP 3516906114
Joint Stock Company UNIVERSAL BANK
MFO 322001
Bank EDRPOU code 21133352
Version of the Public offer dated 21 September 2026.