Public offer agreement

PUBLIC OFFER

This contract is an official and public offer of the Seller to conclude a distance purchase and sale agreement for the Goods presented on the official website of the online store to an unlimited number of persons. This contract is public, meaning that, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers without giving preference to one buyer over another.

TERMS

Acceptance – full acceptance and fulfillment of the terms of the Contract, realized by means specified in the Contract.
Seller – Individual Entrepreneur Tetiana Yudina, identification code (EDRPOU) 3303216320, a natural person established and acting in accordance with the current legislation of Ukraine. Organizes the process of selling Goods through the Online Store.
Payer – capable and legal individual who pays for the ordered Goods.
Buyer – capable and legal individual who accepts this Contract and places an order for Goods.
Recipient of the Goods – a natural person who receives the ordered and paid Goods.
Manufacturer – an individual entrepreneur and/or a legal entity who is the manufacturer of the Goods subsequently sold in the online store under an agreement between such person and the Seller or Administrator.
User – a natural person who, among other things, views the web pages of the online store.
Online Store – created in accordance with the Law of Ukraine "On Electronic Commerce" means for selling goods by making an electronic agreement, located at the Internet address: https://puramur.com.ua/.
Registration – the algorithm of actions of the User and/or Buyer on the web page of the Online Store to gain access to the Personal Cabinet, namely: filling out a form of personal data (name, surname, phone number, email, creating a password).
Authorization – the algorithm of actions of a registered User and/or Buyer to enter the Personal Cabinet.
Order – actions of the Buyer regarding the selection, purchase, and delivery of the chosen Goods through the Online Store service and/or a formed order to purchase the Goods.
Cart – the Online Store service that allows the Buyer to view the selected Goods and decide whether to purchase it, as well as proceed to order processing.
Personal Cabinet – the Online Store service, through which the User or Buyer, after authorization, has access to additional features of the Online Store.
Goods – a product placed in the Online Store for sale.
Personal Data – information provided by the User and/or Buyer for registration in the Personal Cabinet, ordering Goods, posting reviews, etc.
Public Offer (hereinafter referred to as the "Offer") – the public offer of the Seller, addressed to an indefinite number of persons, to conclude a distance purchase and sale agreement for the Goods on the terms contained in this Offer.
Distance selling of Goods – concluding an electronic agreement based on the Buyer's familiarization with the description of the Goods and the public contract (offer) placed on the web page of the Online Store.

SUBJECT OF THE CONTRACT

The Seller undertakes, under the conditions and in the manner specified by this Contract, to provide the Buyer with the Goods, and the Buyer undertakes, under the conditions and in the manner determined by this Contract, to pay for and accept the Goods.
The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of the Buyer's full and unconditional acceptance of the terms of the Contract are considered the date of filling out the order form by the Buyer, located on the website of the online store, provided that the Buyer receives confirmation of the order from the Seller in electronic form.
The Buyer has the right to place an order for any Goods presented on the website of the online store that are in stock.
The Manufacturer of the Goods is fully responsible for the quality of the Goods.

PROCEDURE FOR CONCLUDING THE CONTRACT

The Public Contract has legal force in accordance with Articles 633, 634, 641, and 642 of the Civil Code of Ukraine and is equivalent to a contract signed and sealed by the Parties. The Buyer and the User do not have the right to propose their conditions for concluding the Contract to the Seller.
The Contract is concluded by obtaining the full and unconditional consent (Acceptance) of the Buyer or User without the signature of a written copy of the Contract by the Parties. In case the Buyer or User disagrees with the terms of the Contract, it is impossible to place an order for the Goods and/or register.
By entering into this Contract, the Buyer and the User automatically confirm their awareness and agree to the full and unconditional acceptance of its provisions and conditions.
According to Article 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the conditions of this offer (offer), confirming the conclusion of the contract of sale of goods on the conditions proposed below, is the fact of placing and confirming the order.
By entering into the Contract (i.e., accepting the conditions of this Offer by placing an order), the Buyer confirms that they are fully acquainted with and agree to the terms of this offer.

REGISTRATION AND AUTHORIZATION

To gain access to the Personal Cabinet, the User and/or the Buyer must complete Registration and Authorization.
For Registration on the Internet store, the User and/or the Buyer must provide the following information:

Last name and first name;
Email and contact phone number;
Create a password.

The User and/or the Buyer can perform Authorization by entering their email and password in the Authorization form.
After completing Registration and Authorization, the Internet store grants access to the Personal Cabinet.

ORDER PLACEMENT FOR PURCHASING GOODS

The Buyer places an order to purchase the Goods as follows:

Adds the Goods through the service on the Internet store's website in the "Cart" section;
In the Cart, selects the quantity of Goods;
On the order confirmation page, provides personal information: name, surname, email, and contact phone number (authorized Users do not need to fill in this information);
Chooses the payment method for the Goods;
Selects the delivery method for the Goods (via a carrier or self-pickup), depending on the dimensions of the Goods, the order amount, and the Buyer's preferences;
If necessary, adds comments for the Goods delivery;
Confirms the order. By confirming the order, the Buyer agrees to the terms of this offer.

The Buyer is fully responsible for the data provided during the order, including information about the Recipient and the Payer. By specifying another person as the Recipient, the Buyer grants full and unconditional right to transfer the ordered Goods to that person. By specifying another person as the Payer, the Buyer confirms the full and unconditional authorization from that person to act as the Payer and undertake the payment for the Goods. In case of any claims from the Payer or the Recipient, the Buyer is obligated to settle them independently. If the Payer refuses to pay and/or the Recipient refuses to accept the Goods, the Buyer must pay for and accept the Goods under the terms of this Agreement. By placing an order and specifying the Recipient or Payer, the Buyer confirms familiarity with the conditions stated in this Agreement.
The Goods available for purchase on the Internet store are owned by the Seller, are not in dispute, and have no rights from third parties.
The Seller reserves the right to unilaterally change the cost and/or quantity of the Goods before transferring the Goods, notifying the Buyer through any available notification services (including, but not limited to, email, SMS, messenger messages).
The photos of the Goods presented on the website may slightly differ from the actual appearance of the Goods. Descriptions and/or characteristics accompanying the Goods are provided for informational purposes. The Internet store does not guarantee the accuracy and completeness of the materials about the Goods offered for sale; the Seller specifies the main characteristics of the Goods. The User and/or the Buyer can obtain complete information about the Goods by contacting the Internet store through any available means. The Seller may make changes to the descriptions, characteristics, or photos of the Goods at any time without prior notice. To clarify information about the Goods, the User and/or the Buyer can contact the Internet store through any available means.

PAYMENT AND DELIVERY OF GOODS

The Buyer and/or Payer makes the payment for the Goods during order placement or upon its receipt:

Non-cash;
Cash.

In case of paying for the Goods using the "LiqPay" payment system or internet banking, such payment is made under the conditions specified by the payment system chosen by the Buyer and/or Payer, or the internet banking system used by the Buyer and/or Payer.
All commission fees incurred by the Buyer and/or Payer during non-cash prepayment of the Goods are covered by the Buyer and/or Payer unless otherwise specified by the respective payment system, remote service system, or the Buyer's and/or Payer's bank.
The Internet store informs the Buyer and/or Recipient of the successful order placement by sending a notification (SMS, email, messenger, etc.) or a phone call, indicating the order number, invoice details, etc.
The confirmation of the Goods' transfer is considered when it is received by the Buyer or the Recipient and signing the shipping document/Waybill or any other document confirming the transfer of the Goods.

RIGHTS AND OBLIGATIONS OF THE PARTIES

The User has the right to:

Browse the web pages of the online store without placing an order;
Register on the online store and gain access to the Personal Account.

The User is obligated to:

Adhere to the terms of this Agreement when using the online store.

The Buyer has the right to:

Register on the online store and gain access to the Personal Account;
Pay for and receive the Goods according to the conditions outlined in the Agreement;
Refuse the purchase and return the Goods according to the conditions outlined in the Agreement.

The Buyer is obligated to:

Adhere to the terms of the Agreement;
Pay (unless another person is specified as the Payer) for and accept (unless another person is specified as the Recipient) the ordered Goods in accordance with the conditions specified in the Agreement;
Familiarize themselves with the instructions for use and technical specifications of the Goods before using it;
Use the Goods for its intended purpose;
Adhere to the operating conditions of the Goods.

The Seller has the right to:

Receive payment for the Goods;
Refuse the return or exchange of the Goods in accordance with the terms of the Agreement;
Refuse to refund the funds paid for the Goods in accordance with the terms of the Agreement;
Change the cost of the Goods;
Change the terms of the Agreement;
Refuse to sell the Goods to the Buyer in case of a violation of the Agreement by the Buyer.

The Seller is obligated to:

Provide the Buyer with information about the Goods;
Process returns or exchanges of the Goods in accordance with the terms of the Agreement;
Transfer the Goods to the Buyer (unless another person is specified as the Recipient);
Not disclose information about Buyers, Users, Payers, and Recipients and not provide access to confidential information to third parties, except in cases provided by law and the terms of the Agreement or at the request of such a person.

The Recipient has the right to:

Accept the Goods on the terms of this Agreement;
Refuse to accept the Goods on the terms of this Agreement.

The Payer is obligated to:

Pay for the Goods on the terms of this Agreement;
Return the funds paid for the Goods on the terms of this Agreement.

INTELLECTUAL PROPERTY

All exclusive rights to intellectual property granted for use to the Buyer and/or User on the online store are provided "as is," including but not limited to: software, content, product descriptions, design elements, name, graphic images and illustrations, and/or other objects, as well as components of the website and its elements, are owned by the Seller.
The Buyer and User acknowledge and agree that the Seller owns all rights to the intellectual property of the online store, as specified in the preceding clause of this Agreement.

RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION

By contacting or leaving comments on the online store, the Buyer or User assumes full and unconditional responsibility that such comments are not illegal, harmful, threatening, defamatory, offensive to the dignity of another individual; do not violate copyright, do not promote hatred and/or discrimination against people based on race, ethnicity, gender, religion, social characteristics, do not contain insults to specific individuals or organizations, and in any other way do not violate the current legislation of Ukraine. The Buyer and User agree that any of their messages or comments on the online store may be deleted without their consent and may also be used free of charge by the Seller for marketing and advertising purposes. The Seller is not responsible for any information posted by the User or Buyer on the online store. The Parties are responsible in accordance with the current legislation of Ukraine for non-performance or improper performance of their obligations under this Agreement.
The Seller is not responsible for changes in the appearance, composition, and configuration of the Product made by the Manufacturer.
The Seller is not responsible for defects in the Product that arise after its delivery to the Buyer due to the Buyer's violation of the rules for using or storing the Product, actions of third parties, or force majeure circumstances. The Seller is not responsible for the improper execution or non-fulfillment of its obligations due to outdated and/or incorrectly provided information by the Buyer on the online store for order processing.
The Seller is not responsible if, as a result of consuming or using the Products, harm is caused to the health of animals or short-term and/or long-term diseases are caused. The Buyer independently assumes responsibility for the choice, application, and purpose of the Product for the animal.
The Manufacturer is responsible for the quality of the Products sold by the Seller, except for proven cases where the quality violation occurred after the transfer of the Product to the Seller.
If the Recipient of the Product specified by the Buyer is a natural person without full legal capacity or legal capacity, the Buyer bears all risks regarding the receipt and use of the Product.
All disputes arising from this Agreement and/or related to it are resolved through negotiations between the Parties.
If the respective dispute cannot be resolved through negotiations, such dispute shall be resolved in court in accordance with the current legislation of Ukraine.

CONFIDENTIAL INFORMATION AND PERSONAL DATA PROTECTION

Confidential information for the purposes of this Agreement means information related to the use of the online store and making purchases in it. Confidential information includes:

Personal data of the Buyer and User;
Comments, reviews, other messages from the Buyer and User;
Materials of complaints and requests from the Buyer and User.

The Seller guarantees that the information:

Is kept as confidential and is not reproduced and/or copied beyond a reasonable period for the purposes of the Agreement;
Will not be transferred, disclosed, or otherwise made available to any other third party, except for officials, employees, trusted persons of the Administrator and Seller, who need to know and use Confidential information for the purposes of the Agreement;
Is not used for any purpose other than the purposes of this Agreement;
Is stored with security measures.

The provisions of this Agreement do not apply to information that:

Has become or becomes publicly known for reasons not related to breaches by the Party;
Is disclosed by the Party;
Must be disclosed in accordance with the law or any regulatory act of the executive authority of Ukraine.

By accepting the Agreement, the Buyer gives consent to the collection and processing of their Personal Data for the following purpose: the data that becomes known will be used to ensure relations in the field of purchase and sale, relations in the field of consumer rights protection, in the field of advertising and marketing research.
By registering on the online store and leaving any comments, appeals, or complaints, the User gives consent to the collection and processing of their Personal Data for the following purpose: the data that becomes known will be used to ensure relations in the field of purchase and sale, relations in the field of consumer rights protection, in the field of advertising and marketing research.
By providing a mobile phone number and email address during Registration or Order, the User and/or Buyer automatically agrees to receive messages from the online store, the Administrator, and the Seller, including of an advertising nature.
The Buyer and/or User can opt-out of receiving messages at any time through the corresponding algorithm of actions specified in such a message.
The Seller undertakes not to disclose the Personal Data received from the Buyer and/or User and to comply with the requirements of the law of Ukraine "On the Protection of Personal Data."
The following is not considered a violation:

The provision by the Seller of the Buyer's and/or User's Personal Data and the relevant information to third parties acting on the basis of a contract with the Seller to fulfill contractual obligations to the Buyer and/or User;
The provision of information in accordance with justified and applied requirements of the current legislation of Ukraine.

FORCE MAJEURE

Due to force majeure circumstances, the parties are exempt from liability for non-performance or improper performance of obligations stipulated by the Agreement.
Force majeure circumstances (acts of God) include extraordinary and unavoidable circumstances objectively preventing the fulfillment of obligations specified in the terms of the contract (agreement, agreement, etc.), duties according to legislative and other regulatory acts, namely: the threat of war, armed conflict, or a serious threat of such conflict (including but not limited to hostile attacks, blockades, military embargoes), actions of a foreign enemy, general military mobilization, military actions, declared and undeclared war, actions of a public enemy, riots, acts of terrorism, sabotage, piracy, unrest, invasion, blockade, revolution, coup, uprising, mass unrest, curfew, quarantine established by the Cabinet of Ministers of Ukraine, expropriation, forced seizure, capture of enterprises, requisition, public demonstration, strike, accident, unlawful actions of third parties, fire, explosion, long breaks in the operation of transport regulated by the terms of relevant decisions and acts of government authorities, closure of sea straits, embargo, prohibition (restriction) of export/import, etc. Also, conditions caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, tempest, flood, snow accumulation, freezing rain, hail, freezing of the sea, straits, ports, mountain passes, earthquake, lightning, fire, drought, subsidence and landslide, and other natural disasters, etc.
Force majeure circumstances may be recognized as those not specified in the above list but that meet the force majeure criteria, in accordance with the provisions of clause 6.9 of the Regulation on certification by the Chamber of Commerce and Industry of Ukraine and regional chambers of commerce and industry of force majeure circumstances (acts of God), approved by the Decision of the Presidium of the Chamber of Commerce and Industry of Ukraine dated December 18, 2014, No. 44(5), do not contradict the legislation of Ukraine, and are agreed upon by the parties in the contract, contract, agreement as such that exempts them from civil liability.
Financial and economic crises, default, increase in official and commercial exchange rates of foreign currency to the national currency, non-compliance/violation of its obligations by the debtor's counterparty, absence of necessary goods on the market for performance of obligations, lack of necessary funds by the debtor, etc., are not considered force majeure circumstances (acts of God).
In cases where force majeure circumstances persist for 6 (six) or more months, or when it becomes evident that such circumstances will last for the aforementioned period, either of the parties has the right to refuse to fulfill its obligations.