Public offer

PUBLIC OFFER AGREEMENT

PUBLIC AGREEMENT (OFFER)
for the ordering, purchase, sale and delivery of goods

This agreement between PE "Yaroslav", hereinafter the "Seller", and the user of the website services, hereinafter the "Customer", is an agency agreement for the ordering, purchase and delivery of Goods and determines the basic conditions for ordering, purchasing and delivering goods via the website https://www.solnyshko.kiev.ua The Buyer, acting with the aim of purchasing the Goods, accepts the terms of this goods sale and purchase agreement (hereinafter - the Agreement) on the following terms.

1. DEFINITION OF TERMS

1.1. Public offer (hereinafter - "Offer") - a public proposal of the Seller, addressed to an indefinite circle of persons, to conclude with the Seller a goods sale and purchase agreement by remote means (hereinafter - the "Agreement") on the terms contained in this Offer, including all Annexes.

1.2. Order - the decision of the Customer to order goods and their delivery, executed in the online store and/or an agency mandate for the purchase and delivery of goods.

2. GENERAL PROVISIONS

2.1. The information provided below is an official proposal (offer) of the online store to any natural person (hereinafter - the Buyer) to conclude a goods sale and purchase agreement. The specified agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are identical for all buyers.

2.2. In accordance with Article 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of this proposal (offer), which confirms the conclusion of the goods sale and purchase Agreement on the terms proposed below, is the fact of placing and confirming the order.

2.3. By placing an Order, the Buyer confirms their agreement and unconditional acceptance of the terms of this proposal (offer).

2.4. By concluding the Agreement (that is, accepting the terms of this Proposal by placing an Order), the Buyer confirms the following:

• The Buyer is fully and completely familiar with and agrees to the terms of this proposal (Offer);
• The Buyer gives permission for the collection, processing and transfer of personal data under the conditions defined below in the Disclaimer regarding the collection, processing and transfer of personal data; the permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Customer confirms that they are notified (without additional notice) of the rights established by the Law of Ukraine "On Protection of Personal Data", about the purposes of data collection, as well as that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, the possibility of conducting settlements, as well as for receiving invoices, acts and other documents. The Customer also agrees that the Seller has the right to provide access and transfer their personal data to third parties without any additional notification of the Customer, without changing the purpose of personal data processing. The scope of the Customer's rights as a subject of personal data in accordance with the Law of Ukraine "On Protection of Personal Data" is known and understood by them.

3. PRICE OF GOODS

3.1. The price for each item of the Goods is indicated on the website of the Online Store.

3.2. The Seller has the right to unilaterally change the price of any item of the Goods.

3.3. In case of a change in the price of the ordered Goods, the Seller undertakes to inform the Buyer about the change in the price of the Goods.

3.4. The Buyer has the right to confirm or cancel the Order for the purchase of the Goods if the price is changed by the Seller after the Order is placed.

3.5. A change in the price of the Goods paid by the Buyer by the Seller is not allowed.

3.6. The Seller indicates the cost of delivery of the Goods on the website of the Online Store or informs the Buyer when placing an order via an Operator.

3.7. The Buyer's obligations regarding payment for the Goods are considered fulfilled from the moment funds are received by the Seller.

3.8. Settlements between the Seller and the Buyer for the Goods are carried out by the methods indicated on the website of the Online Store in the "Delivery and payment" section.

4. PLACING AN ORDER

4.1. Ordering of the Goods is carried out by the Buyer through an Operator by phone:

• (050)806-53-27
• (067)776-30-69
• (093)895-23-43

or through the service of the Online Store website

4.2. When registering on the Online Store website, the Buyer undertakes to provide the following registration information:

4.2.1. Surname and name of the Buyer or the person specified by them (recipient);

4.2.2. Address to which the Goods should be delivered (if delivery is to the Buyer's address);

4.2.3. Email address (not a mandatory field to fill in);

4.2.4. contact phone number.

4.3. The name, quantity, article, and price of the Goods selected by the Buyer are indicated in the Buyer's cart on the Online Store website.

4.4. If the Seller needs additional information, they have the right to request it from the Buyer. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing high-quality service to the Buyer when purchasing goods in the online store.

4.5. When placing an Order through the Operator (clause 4.1. of this Offer), the Buyer undertakes to provide the information specified in clause 4.2. of this Offer.

4.6. Acceptance of the terms of this Offer by the Buyer is carried out by entering the relevant data by the Buyer into the registration form on the Online Store website or when placing an Order through the Operator. After placing an Order through the Operator, data about the Buyer is registered in the Seller's database.

4.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.

4.8. The distance selling Agreement between the Seller and the Buyer is considered concluded from the moment of electronic order placement on the Online Store website service or upon issuance of a cash or sales receipt or another document confirming payment for the Goods by the Seller to the Buyer.

5. DELIVERY AND TRANSFER OF GOODS TO THE BUYER

5.1. Methods, procedure, and terms of delivery of goods are indicated on the website in the "Delivery and Payment" section. The Buyer agrees on the procedure and terms of delivery of the ordered goods with the online store operator at the time of placing the purchase.

5.2. Self-pickup of goods:

5.2.1. After the application is formed, the buyer can pay for and receive their goods at the address: Kyiv, Heroiv Sevastopolia St. 10, Mon - Sat from 09:00 to 20:00, Sun from 09:00 to 18:00

5.2.2. Ownership and risk of accidental loss or damage to the Goods pass to the Customer or their Representative from the moment of receipt of the Goods by way of and signing by the Parties of the sales receipt and/or order (and/or authorization for the purchase and delivery of the Goods) for delivery.

5.3. Delivery of the Goods is carried out by the efforts of the online store employees in accordance with the delivery terms, or with the involvement of third parties (a carrier).

5.4. Upon receipt of the Goods, the Customer must, in the presence of the courier representative, check the compliance of the Goods with qualitative and quantitative characteristics (name of the goods, quantity, completeness).

5.5. The Customer or the Customer's Representative, when accepting the Goods, confirms with their signature on the sales receipt and/or the order for the delivery of goods that they have no claims regarding the quantity of the Goods, the appearance, and the completeness of the Goods.

6. RETURN OF GOODS

6.1. The Customer has the right to refuse the Goods at any time before their handover, and after the handover of the Goods - in the order and on the conditions determined by the Law of Ukraine "On Protection of Consumer Rights".

6.2. Return of Goods of proper quality is possible in case its marketable appearance, consumer properties, as well as a document confirming the fact of purchase and terms of the order of the specified Goods, are preserved.

6.3. The Customer does not have the right to refuse the Goods of proper quality that have individually-determined properties if the specified Goods can be used exclusively by the Consumer who purchased them (incl. non-standard sizes, at the Customer's request, etc.). Confirmation that the Goods have individually-determined properties is the difference in the dimensions of the Goods and other characteristics specified in the online store.

6.4. The return of the Goods, in cases provided for by law and this Agreement, is carried out at the address specified on the website in the "Delivery and Payment" section.

6.5. In case of the Customer's refusal of the Goods of proper quality, the Seller returns funds in the amount of the cost of such Goods, excluding the Seller's expenses for the delivery of the returned Goods.

6.6. The return of the amount specified in clause 6.5 is carried out within 7 working days after the store receives the returned Goods.

7. LIABILITY OF THE PARTIES

7.1. The Seller is not liable for any damage caused to the Buyer as a result of improper use of the Goods previously ordered on the website https://www.solnyshko.kiev.ua and purchased from the Seller.

7.2. The Seller is not liable for improper or untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or false information.

7.3. The Seller and the Buyer are liable for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer shall be released from liability for full or partial failure to fulfill their obligations if such failure is a result of force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party thereof.

ADDRESS AND BANK DETAILS

FOP Monina Olena Oleksandrivna

03065, Ukraine, Kyiv, H. Sevastopolia St. 10, 2nd floor

TIN 2340913003

Account: UA863052990000026005006801193

in JSC CB "PRIVATBANK"