Legal notice

PUBLIC OFFER AGREEMENT

for ordering, purchasing, and delivery of goods

This Agreement is an official and public proposal (offer) by Sole Proprietor (FOP) Kuts-Polikarpov Heorh Heorhiiovych (hereinafter referred to as the “Seller”) to enter into a contract for the sale and purchase of goods presented on the website https://magazinjorikaflekssa.com.ua (hereinafter referred to as the “Website”) with any legally capable person (hereinafter referred to as the “Buyer”). Pursuant to Article 633 of the Civil Code of Ukraine, this Agreement is a public contract and contains the same terms and conditions for all Buyers.

By placing an order and clicking the “Confirm Order” button in the cart on the Website, as well as upon receiving an electronic order confirmation from the Seller, the Buyer fully accepts the terms of this Agreement, including the procedure for ordering, payment, delivery, returns, liability, and other terms.

1. Terms and Definitions

1.1. Public Offer (hereinafter the “Offer”) means the Seller’s public proposal addressed to an indefinite number of persons to enter into a distance sale and purchase agreement on the terms set out in this Offer.

1.2. Goods means any products presented on the Website and selected by the Buyer for purchase.

1.3. Online Store means the Seller’s Website created for selling goods remotely (by distance means).

1.4. Buyer means a legally capable natural person (including a Consumer) as well as a legal entity or sole proprietor (FOP) (subject to the relevant functionality/terms available on the Website) who places an order.

1.5. Seller means Sole Proprietor (FOP) Kuts-Polikarpov Heorh Heorhiiovych acting in accordance with the laws of Ukraine.

2. Subject of the Agreement

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

2.2. The characteristics of the Goods (name, size/color, quantity), price, availability, and dispatch/manufacturing timeframes (if applicable) are indicated on the Website in the product page and/or in the order confirmation.

2.3. The Agreement shall be deemed concluded from the moment of the Buyer’s acceptance of the Offer (acceptance) as defined in this Agreement.

3. Placing an Order

3.1. The Buyer places an order independently via the Website.

3.2. The Seller has the right to clarify the Buyer’s details and/or reject the processing of an order in case of an obvious error, incomplete information, or suspicion of fraud.

3.3. When placing an order, the Buyer provides the information necessary to fulfill the order: full name, contact phone number, delivery address, email (if available), as well as other information required for delivery/payment.

3.4. The details of the Goods (name, quantity, price) are determined in the cart and/or in the order confirmation.

3.5. If necessary, the Seller may request additional information to fulfill the order.

3.6. The Buyer’s data is stored in the Seller’s database to the extent necessary to fulfill the order and comply with legal requirements.

3.7. The Buyer is responsible for the accuracy of the information provided.

3.8. By placing an order, the Buyer confirms:

3.8.1. Full acceptance of the terms of this Offer;

3.8.2. Consent to the processing, transfer, and storage of personal data in accordance with the Law of Ukraine “On Personal Data Protection”.

4. Prices, Payment, and Delivery

4.1. Prices on the Website are indicated in Ukrainian hryvnia (UAH). Taxes/fees are included in the price in accordance with the Seller’s taxation regime.

4.2. Prices may change without prior notice; however, the price of paid orders is not subject to change.

4.3. Delivery costs are not included in the price of the Goods and are paid by the Buyer separately according to the tariffs of the selected delivery service and/or the terms specified on the Website.

4.4. The estimated delivery cost may be clarified upon request or during checkout.

4.5. Payment is deemed made from the moment the funds are credited to the Seller’s account or payment is confirmed by a payment service (depending on the payment method).

4.6. Upon receiving the Goods, the Buyer must check the integrity of the packaging and the conformity of the contents (name/quantity/size, etc.) and, if necessary, record any damage/non-conformity with the carrier.

4.7. Title to the Goods and the risk of accidental loss/damage pass to the Buyer from the moment the Buyer actually receives the Goods (unless otherwise required by law).

5. Rights and Obligations of the Parties

5.1. The Seller shall:

5.1.1. Deliver the Goods in accordance with the order and the terms of this Agreement;

5.1.2. Keep the Buyer’s data confidential, except as required by law or necessary to fulfill the order.

5.2. The Seller has the right to:

5.2.1. Make changes to this Agreement and the prices of the Goods unilaterally by publishing changes (a new version) on the Website. Changes apply to orders placed after the publication date.

5.3. The Buyer shall:

5.3.1. Review the terms of this Agreement and the information about the Goods before placing an order;

5.3.2. Provide complete and accurate delivery details.

6. Returns and Exchanges

6.1. For Consumers (natural persons purchasing for personal needs), the right to exchange/return goods of proper quality applies within 14 days from the date of receipt, provided that the merchantable condition, consumer properties, seals/tags (if any), and the payment document are preserved.

6.2. Goods of proper quality that are not subject to exchange (return) are defined by the list approved by Resolution of the Cabinet of Ministers of Ukraine No. 172 (including, for example, underwear, hosiery, etc.).

6.3. If exchange is impossible (no equivalent Goods available), the Consumer has the right to terminate the contract and receive a refund in the manner provided by law.

6.4. Refunds are made using the same method by which payment was made, or to the Buyer’s bank account (by agreement/subject to the technical capability of the payment system).

6.5. The cost of return shipping is paid by the Buyer and is not reimbursed unless otherwise provided by law or by the Seller’s decision in a specific case.

6.6. Claims are considered subject to the availability of the necessary documents. The Seller is not liable for damage resulting from improper use or the actions of third parties/force majeure.

6.7. Goods made to order or personalized are not subject to return (to the extent permitted by law).

6.8. The return address for the Goods is provided to the Buyer after prior coordination of the return with the Seller’s manager. To obtain the address and return instructions, the Buyer contacts the Seller using the contacts indicated on the Website and/or in the order confirmation. Returns sent without prior coordination and without receiving the current address/instructions may not be accepted for processing.

7. Liability of the Parties

7.1. The Seller is not liable for damage caused by improper installation, use, or storage of the Goods.

7.2. The Seller is not liable for non-performance of obligations if the Buyer provides inaccurate information.

7.3. The Parties are liable for non-performance of the terms of this Agreement in accordance with the laws of Ukraine.

7.4. Neither Party is liable for breach of obligations in case of force majeure (war, natural disasters, etc.). The affected Party shall notify the other Party within a reasonable time.

8. Confidentiality and Personal Data Protection

8.1. By placing an order, the Buyer gives consent to the processing of personal data in accordance with the Law of Ukraine “On Personal Data Protection” for the purposes of fulfilling this Agreement (order acceptance, payment, delivery, return) and communication with the Buyer.

8.2. The Seller may transfer data to third parties (delivery services and payment providers) exclusively to the extent necessary to fulfill the order, or as required by law.

8.3. The Buyer is responsible for the relevance of the information provided. The Seller is not liable for actions taken based on outdated or incorrect data.

9. Final Provisions

9.1. This Agreement is governed by the laws of Ukraine.

9.2. Disputes are resolved through negotiations, and if no agreement is reached — in court proceedings in accordance with the laws of Ukraine.

9.3. If any provision of this Agreement is found invalid, this does not affect the validity of the remaining provisions.

Seller’s Details

Sole Proprietor (FOP): Kuts-Polikarpov Heorh Heorhiiovych

Tax ID / EDRPOU: 3824104613

IBAN: UA293220010000026002330031720

Bank: JSC “Universal Bank”

Registered address: 16-V Perova Blvd., Kyiv, Ukraine

Email: heorh@magazinjorikaflekssa.com

Phone: +380 73 531 25 89