This Agreement is an official and public offer by the Seller to enter into a sales contract for the Goods presented on the website www.onyshchuk.shop. This Agreement is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to any one buyer over another. By entering into this Agreement, the buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for unfair orders, and all other terms of the Agreement. The Agreement is considered concluded from the moment the “Confirm Order” button is pressed on the order page in the “Cart” section, and the Buyer receives confirmation of the order from the Seller electronically.

1. Definitions

1.1. Public Offer (hereinafter referred to as the “Offer”) – a public offer by the Seller, addressed to an indefinite number of persons, to enter into a sales contract (hereinafter referred to as the “Agreement”) remotely on the terms contained in this Offer.

1.2. Goods or Services – the object of the transaction between the Parties, which was selected by the Buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.

1.3. Online Store – the Seller’s website at www.onyshchuk.shop, created for the conclusion of retail and wholesale sales contracts based on the Buyer’s acquaintance with the description of the Goods offered by the Seller via the Internet.

1.4. Buyer – a capable individual who has reached the age of 18, receives information from the Seller, places an order to purchase goods presented on the Online Store website for purposes not related to business activities, or a legal entity or individual entrepreneur.

1.5. Seller – Individual Entrepreneur Halyna Andriivna Onyshchuk (taxpayer registration card number: 3370310528), who operates in accordance with the current legislation of Ukraine. Tax address: 10030, Zhytomyr region, Zhytomyr city, Ivana Mazepy Street, Building 98, Apartment 61. Phone: +380 93 950 77 16. Recipient’s account: UA063052990000026005015009997 (UAH). Bank name: PJSC CB “PRIVATBANK”.

2. Subject of the Agreement

2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the date the Buyer fills out the order form on the Online Store website, provided the Buyer receives confirmation of the order from the Seller electronically. If necessary, at the Buyer’s request, the Agreement may be drawn up in writing.

3. Placing an Order

3.1. The Buyer independently places an order in the Online Store through the “Cart” form or by placing an order via email or phone number specified in the contact section of the Online Store.

3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer during the order placement is incomplete or raises suspicion about its validity.

3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:

3.3.1. Buyer’s last name, first name;

3.3.2. Address to which the Goods should be delivered (if delivery to the Buyer’s address);

3.3.3. Contact phone number.

3.3.4. Identification code for a legal entity or individual entrepreneur.

3.4. 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.

3.5. If either Party to the Agreement requires additional information, they have the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the Online Store.

3.6. When placing an order through the Seller’s operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4 of this Offer.

3.7. The Buyer’s acceptance of the terms of this Offer is carried out by entering the relevant data in the registration form on the Online Store website or when placing an Order through the operator. After placing an Order through the operator, the Buyer’s data is entered into the Seller’s database.

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

3.9. By concluding the Agreement, i.e., accepting the terms of this offer (offered terms of purchasing the Goods), by placing an Order, the Buyer confirms the following:

a) The Buyer is fully acquainted with and agrees with the terms of this offer;

b) The Buyer gives permission for the collection, processing, and transfer of personal data, with the permission for the processing of personal data valid throughout the duration of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that they have been informed (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, the purpose of data collection, as well as that their personal data is transferred to the Seller for the possibility of fulfilling the terms of this Agreement, making mutual settlements, as well as for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer their personal data to third parties without any additional notifications from the Buyer to fulfill the Buyer’s order. The scope of the Buyer’s rights as a subject of personal data under the Law of Ukraine “On Personal Data Protection” is known and understood by the Buyer.

4. Price and Delivery of Goods

4.1. Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices for Goods and services are indicated on the website in UAH, including VAT.

4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a specific unit of Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.

4.3. The cost of the Goods indicated on the Online Store website does not include the cost of delivering the Goods to the Buyer. The cost of delivering the Goods is paid by the Buyer according to the current rates of delivery services (carriers) directly to the selected delivery service (carrier).

4.4. The cost of the Goods indicated on the Online Store website does not include the cost of delivery to the Buyer’s address.

4.5. The Seller may indicate the approximate cost of delivering the Goods to the Buyer’s address when the Buyer contacts the Seller with the appropriate request by sending a letter to the email address or when placing an order through the Online Store operator.

4.6. The Buyer’s obligation to pay for the Goods is considered fulfilled from the moment the Seller receives funds to their account.

4.7. Settlements between the Seller and the Buyer for the Goods are carried out in the ways specified on the Online Store website in the “Payment and Delivery” section.

4.8. Upon receipt of the Goods, the Buyer must, in the presence of the representative of the delivery service (carrier), check the compliance of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).

4.9. The Buyer or their representative, upon receiving the Goods, confirms with their signature on the sales receipt/or order/or transport waybill for the delivery of goods that they have no claims regarding the quantity of goods, appearance, and completeness of the goods.

4.10. Ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or their Representative from the moment the Buyer receives the Goods at the place of delivery of the Goods during self-delivery from the Seller, or during the transfer of the Goods by the Seller to the delivery service (carrier) chosen by the Buyer.

5. Rights and Obligations of the Parties

5.1. The Seller must:

5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.

5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except as required by law and during the execution of the Buyer’s Order.

5.2. The Seller has the right to:

5.2.1. Change the terms of this Agreement, as well as the prices for Goods and services, unilaterally, by posting them on the Online Store website. All changes take effect from the moment of their publication.

5.3. The Buyer must:

5.3.1. Before concluding the Agreement, familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Online Store website.

5.3.2. To fulfill the Seller’s obligations to the Buyer, the latter must provide all necessary data that uniquely identifies them as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.

6. Return of Goods

6.1. The Buyer has the right to return non-food Goods of proper quality to the Seller if the Goods did not satisfy them in terms of form, dimensions, style, color, size, or for other reasons cannot be used by them for their intended purpose. The Buyer has the right to return the Goods of proper quality within 14 (fourteen) days, not counting the day of purchase. The return of Goods of proper quality is carried out if they were not used and if their product appearance, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment of the Goods, are preserved. The list of Goods that cannot be returned based on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.

6.2. The refund of the value of the Goods of proper quality to the Buyer is made within 30 (thirty) calendar days from the moment the Seller receives such Goods, provided that the requirements specified in clause 6.1. of the Agreement, and the current legislation of Ukraine, are met.

6.3. The cost of the Goods is refunded by bank transfer to the Buyer’s account.

6.4. The return of Goods of proper quality to the Seller’s address is carried out at the Buyer’s expense, and the Seller does not reimburse the Buyer.

6.5. In the event of defects in the Goods detected during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present to the Seller the requirements provided by the Law of Ukraine “On Consumer Protection”. When making claims for free defect elimination, the period for their elimination is counted from the date the Seller receives the Goods at their disposal and has physical access to such Goods.

6.6. The consideration of claims provided by the Law of Ukraine “On Consumer Protection” is carried out by the Seller provided that the Buyer submits documents as required by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that occurred after their transfer to the Buyer due to the Buyer’s violation of the rules of use or storage of the Goods, actions of third parties, or force majeure.

6.7. The Buyer does not have the right to refuse Goods of proper quality that have individually determined properties if the specified Goods can be used exclusively by the Buyer who purchased them (including, but not limited to, non-standard sizes, characteristics, appearance, configuration, etc.). Confirmation that the Goods have individually determined properties is the difference in the sizes of the Goods and other characteristics specified in the Online Store.

6.8. The return of Goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the “Contacts” section.

7. Liability

7.1. The Seller is not liable for damage caused to the Buyer or third parties due to improper installation, use, or storage of the Goods purchased from the Seller.

7.2. The Seller is not liable for improper, untimely execution of Orders, and their obligations in the event of the Buyer’s provision of inaccurate or erroneous information.

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

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

8. Confidentiality and Protection of Personal Data

8.1. By providing their personal data on the Online Store website during registration or placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as to the commission of other actions provided for by the Law of Ukraine “On Personal Data Protection”, without limiting the term of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to contractors and third parties acting based on an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor performance or non-performance of their obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.

9. Miscellaneous

9.1. This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In the event of failure to resolve a disputed issue through negotiations, the Buyer and/or the Seller have the right to apply to the judicial authorities for the resolution of the dispute in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided for in clause 5.2.1. of the Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.

SELLER’S ADDRESS AND DETAILS:

Individual Entrepreneur Halyna Andriivna Onyshchuk

10030, Zhytomyr region, Zhytomyr city, Ivana Mazepy Street, Building 98, Apartment 61

Account: UA063052990000026005015009997 in PJSC CB “PRIVATBANK”

Phone: +380 93 950 77 16