Public Offer Agreement

General Provisions

1.1. This Offer Agreement is the official proposal of Sole Proprietor (FOP) Slobodyanyk Nataliia Petrivna (address: 13 Heroiv Maidanu St., apt. 91, 22100 Koziatyn, Ukraine,
EDRPOU/Tax ID 2714117563, Universal Bank UA363220010000026008340128508), hereinafter referred to as the «Seller», to conclude a contract for the sale of goods remotely, namely through the Online Store, hereinafter referred to as the «Agreement», and publishes this Public Offer (proposal) on the official website of the Seller www.nesia-ferdman.com (hereinafter – the «Website»).
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s proposal (acceptance) to conclude an electronic contract for the sale of goods shall be considered the fact of payment by the Buyer for the order under the terms of this Agreement, within the time frames and at the prices indicated on the Seller’s Website.

Definitions

2.1. For the purposes of this Offer, unless the context otherwise requires, the following terms shall have the following meanings:
- «Goods» — models, accessories, components, and accompanying items;
- «Online Store» — in accordance with the Law of Ukraine «On E-Commerce», a means of presenting or selling goods, works, or services through the conclusion of an electronic transaction;
- «Seller» — the company that sells the goods presented on the Website;
- «Buyer» — an individual who has concluded an Agreement with the Seller under the terms set out below;
- «Order» — the selection of individual items from the list of goods specified by the Buyer when placing and paying for an order.

Subject of the Agreement

3.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
This Agreement regulates the purchase and sale of goods in the Online Store, including:
- voluntary selection by the Buyer of goods in the Online Store;
- independent placement of an order by the Buyer in the Online Store;
- payment by the Buyer for the order placed in the Online Store;
- processing and delivery of the order to the Buyer under the terms of this Agreement.

Procedure for Placing an Order

4.1. The Buyer has the right to place an order for any goods presented on the Online Store’s website and available in stock.
4.2. Each item may be included in the order in any quantity.
4.3. If the goods are out of stock, the Company’s Manager must notify the Buyer (by phone or via email).
4.4. In case of out-of-stock goods, the Buyer has the right to replace them with goods of a similar model, refuse the goods, or cancel the order.

Procedure for Payment of the Order

Cash on Delivery

5.1. Payment is made upon receipt of the goods at the offices of transport companies, in cash, in the national currency.
5.2. In the absence of payment, the Online Store reserves the right to cancel the order.

Delivery Terms

6.1. Delivery of goods purchased in the Online Store is carried out to the branches of Nova Poshta, where the orders are issued.
6.2. Along with the order, the Buyer receives documents in accordance with the legislation of Ukraine.

Rights and Obligations of the Parties

7.1. The Seller has the right to:
- unilaterally terminate the provision of services under this Agreement in case the Buyer violates the terms of this Agreement.
7.2. The Buyer must:
- timely pay for and receive the order under the terms of this Agreement.
7.3. The Buyer has the right to:
- place an order in the Online Store;
- conclude an electronic agreement;
- demand that the Seller fulfill the terms of this Agreement.

Liability of the Parties

8.1. The Parties are liable for failure to perform or improper performance of the terms of this Agreement in the manner provided for by this Agreement and the current legislation of Ukraine.
8.2. The Seller shall not be liable:
- for changes made by the manufacturer to the appearance of the goods;
- for minor discrepancies in the color range of goods, which may differ from the original goods solely due to different color rendering on monitors of certain models of personal computers and mobile devices;
- for the content and accuracy of the information provided by the Buyer when placing the order;
- for delays and interruptions in the provision of services (order processing and delivery of goods) that occur for reasons beyond the Seller’s control.
8.3. In the event of force majeure circumstances, the Parties shall be released from fulfilling the terms of this Agreement. For the purposes of this Agreement, «force majeure» shall mean events of an extraordinary, unforeseeable nature that prevent or objectively hinder the execution of this Agreement, which the Parties could not have foreseen or prevented.
8.4. The Parties shall make every effort to resolve any disagreements exclusively through negotiations.

Final Provisions

9.1. The Online Store reserves the right to unilaterally amend this Agreement, provided it is published in advance on the website www.nesia-ferdman.com.
9.2. The Online Store is established to organize the remote method of selling goods via the Internet.
9.3. The Buyer is responsible for the accuracy of the information provided when placing the order. By accepting (placing an order and subsequently paying for the goods), the Buyer gives the Seller unconditional consent to the collection, processing, storage, and use of their personal data in accordance with the Law of Ukraine «On Personal Data Protection».
9.4. Payment by the Buyer for the order placed in the Online Store means the Buyer’s full agreement with the terms of the sales contract (public offer).
9.5. The actual date of the electronic transaction between the Parties is the date of acceptance of the terms in accordance with Article 11 of the Law of Ukraine «On E-Commerce».
9.6. Viewing goods and the order placement process for the Buyer is free of charge.
9.7. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for the purpose of processing the order, sending notifications to the Buyer, delivering the goods, performing settlements, and other actions related to the execution of the order.

Procedure for Returning Goods of Proper Quality

9.8. The return of goods to the Online Store shall be carried out in accordance with the current legislation of Ukraine.
9.9. The return of goods of proper quality to the Online Store shall be made at the Buyer’s expense.
9.10. In the event of the Buyer returning goods of proper quality, the Online Store shall refund the amount paid for the goods upon the fact of returning the goods, minus compensation for the Online Store’s expenses related to the delivery of the goods to the Buyer.

Term of the Agreement

9.11. The electronic contract shall be deemed concluded from the moment the person who made the proposal to conclude such a contract receives a response regarding the acceptance of this proposal in the manner prescribed by part six of Article 11 of the Law of Ukraine «On E-Commerce».
9.12. Prior to the expiration of its validity period, this Agreement may be terminated by mutual consent of the Parties before the start of the actual delivery process of the goods, by refunding the funds.
9.13. The Parties have the right to terminate this Agreement unilaterally in case of non-performance by one of the Parties of the terms of this Agreement, as well as in cases provided for by the current legislation of Ukraine.

Please note that the Online Store on the official website www.nesia-ferdman.com has the right, in accordance with the legislation of Ukraine, to grant the right to use the online platform to sole proprietors and legal entities for the sale of goods.