PUBLIC OFFER AGREEMENT

The following text constitutes a Public Offer Agreement (within the meaning of Articles 633 and 641 of the Civil Code of Ukraine) between the NUGA brand online store (hereinafter referred to as the Seller) and an individual (hereinafter referred to as the Buyer), setting out all terms governing the sale and purchase of goods remotely (i.e. through the Online Store).

1. General Provisions.

1.1. The terms of this Agreement govern the relationship between the Seller and the Buyer concerning the purchase of goods through the Online Store website and apply equally to all Buyers.

1.2. Legal relations under this Agreement are governed exclusively by the legislation of Ukraine, including the Law of Ukraine “On Consumer Protection” No. 1023-XII dated 12 May 1991, the Civil Code of Ukraine No. 435-IV dated 16 January 2003, and the Law of Ukraine “On Electronic Commerce” No. 675-VIII dated 3 September 2015.

2. Subject Matter 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. The text of the Public Offer Agreement (hereinafter referred to as the Agreement) is published on the Website.

2.2. Placing an Order confirms that the Buyer accepts and agrees to all terms of this Agreement.

2.3. The date on which the Agreement is concluded is the date on which the Buyer pays for the Goods on the Website or by bank transfer using a bank card number. The date of payment for the Goods is the date on which the funds are credited to the Seller’s bank account through the Monopay payment service.

3. Order Placement Procedure.

3.1. The Buyer independently places an Order in the Online Store on the Website by choosing one of the methods available on the Website, namely:

3.1.1. By using the dedicated “Cart” menu on the Website and adding the selected Goods to it;

3.1.2. By selecting the “Place order” and “Buy” functions on the Website.

3.2. The amount payable for the Order is displayed in the “Cart” menu on the Website.

3.3. When placing an Order, the Buyer is offered the option to pay for the Goods on the Website through the Monopay payment service or by cash on delivery through the Nova Poshta delivery service.

3.4. The Seller may obtain any clarification regarding the Order by calling the telephone number provided by the Buyer when placing the Order.

4. Order Payment Procedure.

4.1. When placing an Order, the Buyer pays the full price of the Goods to the Seller.

4.2. The Buyer pays for the Order using a Visa or MasterCard issued by any bank through the Monopay payment service.

5. Delivery Times, Costs and Conditions.

5.1. The Goods are delivered throughout Ukraine, except for the Autonomous Republic of Crimea and the occupied territories, every Monday, Wednesday and Friday. Orders placed after 17:00 will be dispatched on the next business day via Nova Poshta.

5.2. When placing an Order, the Buyer may independently choose one of the delivery methods offered.

5.3. The delivery time for the Goods depends on the Buyer’s location.

5.4. The Buyer provides all necessary delivery information when placing the Order on the Website or when clarifying the Order with a manager by telephone.

5.5. The Seller makes every effort to meet the delivery times stated on the websites of the companies directly responsible for delivering the Goods. However, delivery delays may occur due to unforeseen circumstances beyond the Seller’s control (force majeure).

5.6. The delivery cost depends on the weight of the Goods and the carrier’s current rates and is paid separately by the Buyer.

6. Seller’s Obligations.

6.1. To comply with the terms of this Agreement.

6.2. To fulfil the Buyer’s Order if the Order has been accepted and payment has been received from the Buyer in accordance with the procedure specified in this Agreement.

6.3. To transfer the Goods to the Buyer in accordance with the Order, provided that the Buyer complies with the terms of this Agreement.

6.4. To check the quality and quantity of the Goods during packing.

6.5. If the Buyer receives Goods of inadequate quality or defective Goods due to the Seller’s fault, to replace such Goods with an equivalent item.

7. Buyer’s Obligations.

7.1. Before placing an Order, the Buyer undertakes to:

7.1.1. Read the information about the Goods published on the Website;

7.1.2. Read and accept the terms of this Agreement or refrain from placing an Order if the terms of the Agreement are unacceptable to the Buyer;

7.2. Upon receipt of the Goods, immediately inspect them and ensure that they are complete and correspond to the Order. If the Goods have any defects or damage (hereinafter referred to as Defects), the Buyer must notify the Seller within 14 (fourteen) calendar days of receiving such Goods.

8. Procedure for Receiving and Returning the Goods.

8.1. Upon receipt of the Goods, the Buyer must ensure that they are intact and complete by inspecting the contents of the packaging containing the Goods.

8.2. If any Defects are discovered, the Buyer must notify the Seller’s representative (the manager responsible for processing the Order for the Goods) within 14 (fourteen) calendar days of receiving such Goods and arrange their replacement. Any Defects discovered must be documented by photographs or video.

8.3. The Parties agree that failure to comply with the mandatory requirements of this procedure constitutes acknowledgement that the Buyer received the Goods in proper condition, without any damage or Defects.

8.4. If Defects are discovered, the Buyer may request that the Seller refund the amount paid for the Goods or replace the Goods with an equivalent item of proper quality.

8.5. If, due to Defects discovered in the Goods, the Buyer wishes to receive a refund of the amount paid, the Seller must refund that amount within 30 (thirty) calendar days of the Buyer expressing that wish.

9. Term and Termination of the Agreement.

9.1. This Agreement enters into force upon the Buyer’s acceptance of the offer (receipt of the Buyer’s payment for the Goods in the Seller’s account) and remains in effect until the Parties have fulfilled their obligations in full, except in cases of early termination.

9.2. Before its expiry, this Agreement may be terminated by mutual written agreement of the Parties, except in the cases provided for in this Agreement.

10. Dispute Resolution.

10.1. Any disputes arising out of or in connection with this Agreement shall be resolved by the Parties through negotiations.

10.2. If the Parties cannot reach agreement on a disputed matter, the dispute shall be resolved in court in accordance with the legislation of Ukraine in force.