PUBLIC CONTRACT (OFFER)

1. Definition of Terms

1.1. Public offer (hereinafter - "Offer") - a public proposal of the Seller, addressed to an indefinite circle of persons, to enter into a purchase and sale agreement with the Seller for goods remotely (hereinafter - "Agreement") on the terms contained in this Offer.

1.2. Goods or Service - the object of the agreement between the parties, which was selected by the buyer on the Internet 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.elektrokalyan.com created for concluding retail and wholesale purchase and sale agreements based on the Buyer's acquaintance with the description of the Goods offered by the Seller using the Internet network.

1.4. Buyer - a legally capable individual who has reached 18 years of age, receives information from the Seller, places an order for the purchase of goods presented on the Online store website for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.

1.5. Seller - INDIVIDUAL ENTREPRENEUR KOBZAR VLADYSLAV BORYSOVYCH (identification code 3541910136), an individual who is registered and acts in accordance with the current legislation of Ukraine, whose location is: Ukraine, 19615, Cherkasy region, Cherkasy district, village Moshny, vul. Sviatkova, building 5

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 is the date of filling out the order form located on the Online store website, subject to the Buyer receiving confirmation of the order from the Seller in electronic form. If necessary, at the Buyer's request, the Agreement may be executed in writing.

3. Order Placement

3.1. The Buyer independently places an order in the Online store through the "Cart" form, or by making an order by email or by phone number specified in the contacts 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 order placement is incomplete or raises doubts 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. surname, name of the Buyer;
• 3.3.2. address to which the Goods should be delivered (if delivery to the Buyer's address);
• 3.3.3. contact phone;
• 3.3.4. Identification code for a legal entity or individual entrepreneur.

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

3.5. If any of the Parties to the agreement needs additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, 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 (p. 3.1. of this Offer), the Buyer undertakes to provide the information specified in p. 3.3 – 3.4. of this Offer. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data into the registration form on the Online store website or when placing an Order through the operator. After placing the Order through the Operator, the Buyer's data is entered into the Seller's database.

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

3.8. By concluding the Agreement, that is, accepting the terms of this proposal (proposed terms of purchase of the Goods), by placing the Order, the Buyer confirms the following:

a) The Buyer is fully and completely familiar with and agrees to the terms of this proposal (offer);

b) he gives permission for the collection, processing and transfer of personal data, 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 Buyer confirms that he is informed (without additional notification) about the rights established by the Law of Ukraine "On Protection of Personal Data", about the purposes of data collection, and also about the fact that his personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, the possibility of conducting 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 his personal data to third parties without any additional notifications to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Protection of Personal Data" is known and understandable to him.

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 hryvnias 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 separate 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 delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.

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

4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer makes a corresponding request to the Seller by sending an email or when placing an order through the online store operator.

4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds arrive to the Seller's account.

4.7. Settlements between the Seller and the Buyer for the Goods are carried out by the methods 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 a representative of the delivery service (carrier), check the compliance of the Goods with quality and quantitative characteristics (name of the goods, quantity, completeness, expiration date).

4.9. The Buyer or his representative, when accepting the Goods, confirms with his signature in the goods receipt / or in the order / or in the transport invoice for the delivery of goods, that he has no claims to the quantity of goods, appearance and completeness of the goods.

4.10. The right of ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or his Representative from the moment the Buyer receives the Goods in the city of delivery of the Goods when self-delivering the Goods 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 is obliged:

• 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 to disclose any private information about the Buyer and not to provide access to this information to third parties, except in cases provided by law and during the execution of the Buyer's Order.

5.2. The Seller has the right: 5.2.1 To change the terms of this Agreement, as well as 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 undertakes:

• 5.3.1. Before concluding the Agreement, familiarize yourself 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. For the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that uniquely identify him as the Buyer, and sufficient for delivering the ordered Goods to the Buyer.

6. Return of Goods

6.1. The Buyer has the right to return to the Seller non-food goods of proper quality if the goods did not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, excluding the day of purchase. Return of goods of proper quality is carried out if it has not been used and if its marketable appearance, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment of the Goods, have been preserved. The list of goods that are not subject to return on the grounds provided in this paragraph is approved by the Cabinet of Ministers of Ukraine.

6.2. Return to the Buyer of the cost of goods of proper quality is carried out within 30 (thirty) calendar days from the moment the Seller receives such Goods, subject to compliance with the requirements provided in p. 6.1. of the Agreement, the current legislation of Ukraine.

6.3. The cost of the goods is subject to return by bank transfer to the Buyer's account.

6.4. Return of Goods of proper quality to the Seller's address is carried out at the Buyer's expense and is not reimbursed by the Seller to the Buyer.

6.5. In case of detection of defects in the Goods 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 Protection of Consumer Rights". When making claims for the free elimination of defects, the period for their elimination is counted from the date of receipt of the Goods by the Seller at his disposal and physical access to such Goods.

6.6. Consideration of the requirements provided by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller subject to the provision by the Buyer of documents provided by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after their transfer to the Buyer as a result of violation by the Buyer 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 defined properties if the specified goods can be used exclusively by the Buyer who purchased it (including at the Buyer's request non-standard sizes, characteristics, appearance, configuration, etc.). Confirmation that the goods have individually defined properties is the difference in the size of the goods and other characteristics indicated in the online store.

6.8. Return of goods, in cases provided by law and this Agreement, is carried out at the address specified on the website in the "Contacts" section

7. Responsibility

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

7.2. The Seller is not responsible for improper, untimely execution of Orders and its obligations in case of provision by the Buyer of unreliable or erroneous information.

7.3. The Seller and the Buyer are responsible 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 are released from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is a consequence 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 immediately notifies the other Party about this.

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 the commission of other actions provided by the Law of Ukraine "On Protection of Personal Data", without limitation of 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 to provide the Seller with information to counterparties and third parties acting on the basis of 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 maintaining their personal data up to date. The Seller is not responsible for the poor performance or non-performance of its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.

9. Other Conditions

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

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

9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided in p. 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 provided by the current legislation of Ukraine.