Public offer agreement

LIMITED LIABILITY COMPANY "Yanser LTD" represented by Director Klymenko Serhiy Leonidovich, EDRPOU 20059461, on the one hand, hereinafter referred to as the Seller, and any capable individual or legal entity that fully and unconditionally accepts the terms of this Agreement by accession, hereinafter referred to as the Buyer, on the other hand, have concluded this Agreement on the following:

1. DEFINITION OF TERMS

1.1. For the purposes of this public sale and purchase agreement, the terms below shall have the following meanings:

1.1.1. Agreement - this public contract of sale, concluded at a distance (in accordance with the Order of the Ministry of Economy of Ukraine No. 103 dated 19.04.2007), which provides for the sale of Goods to an indefinite circle of Buyers using means of distance communication (Internet) through the Naviale Online Store located on the website: https://naviale.ua/

 1.1.2. Goods - non-food products (women's, men's, and children's underwear, hosiery, etc.), which under the terms of this Agreement are offered for sale at a distance using means of distance communication (Internet) in the Kleo Online Store.

 1.1.3. Seller - the Naviale Online Store located on the website: https://naviale.ua/. The location, contact details and working hours of the Seller are specified in the Contacts section https://naviale.ua/kontakty on the website: https://naviale.ua/ of the Naviale Online Store.

 1.1.4. Buyer - any legally capable individual or legal entity that, in accordance with the procedure stipulated by this Agreement, has voluntarily fully accepted (accepted) all its terms without exception.

 1.1.5. Recipient of the Goods - any legally capable individual or legal entity specified by the Buyer in the relevant Order for the Goods as the recipient of the Goods.

 1.2. For the purposes of this Agreement, all terms specified in clause 1.1. of this Agreement are used exclusively in the meaning specified in clause 1.1. of this Agreement, regardless of the use of these terms in the singular or plural, or in other grammatical forms, cases and/or constructions.

 1.3. All other terms that are not separately defined in this Agreement are understood and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, business customs, as well as the purpose and subject matter of this Agreement.

 

2. SUBJECT OF THE AGREEMENT

 2.1. In accordance with the procedure and on the terms established by this Agreement, the Seller undertakes to transfer the selected Goods to the Buyer, and the Buyer undertakes to accept and pay for the Goods in accordance with the procedure and on the terms established by this Agreement.

 2.2. The right of ownership of the Goods shall be transferred to the Buyer at the time of delivery (transfer) of the Goods and subject to full payment by the Buyer of the cost of the Goods in accordance with the procedure and on the terms established by this Agreement.

 

3. CHOICE OF GOODS AND PROCEDURE FOR CONCLUSION OF THE CONTRACT

 3.1. The Buyer independently and at his own discretion selects the Goods available and offered for sale in the online store "naviale.ua" and:

- clicks the "Place an order" button and independently fills out and sends the "order formation" form to the Seller, which must include his last name, first name and patronymic, his contact phone number, his e-mail address, the selected payment method, the selected method and the desired place of delivery of the Goods (in case the Buyer wishes to receive the Goods with delivery), the last name, first name and patronymic of the recipient of the Goods (in case the Recipient of the Goods will receive the Goods),

- places an order by telephone at 080-044-21-34.

 3.2. After filling out the “Place an order” form, the Buyer must carefully read all the terms of this Agreement, and in case of acceptance of these terms in full - clicks the “Place an order” button, which is considered the fact of sending the relevant Order for the selected Product by the Buyer.

 3.3. This Agreement is considered concluded, and the Seller’s proposal to conclude this Agreement (offer) is fully accepted (accepted) by the Buyer from the moment the Buyer clicks the “Place an order” button on the website: naviale.ua or after placing an order by calling the phone number 080-044-21-34 of the Naviale Online Store.

 3.4. By clicking on the "Place an order" button or by dialing the phone number 080-044-21-34, the Buyer confirms his full and complete agreement with all the terms of this Agreement without exception, including the terms of delivery and payment for the Goods at the prices indicated on the website: https://naviale.ua/ of the Naviale Online Store on the date of conclusion of this Agreement by the Buyer.

 3.5. By clicking on the "Place an order" button or by dialing the phone number 080-044-21-34, the Buyer confirms that he has been notified by the Seller in a convenient and accessible manner in accordance with the requirements of Part 2 of Article 13 of the Law of Ukraine "On Protection of Consumer Rights" about:

- the location and operating hours of the Seller;

- the main characteristics and consumer properties of the Goods selected by the Buyer;

- the cost of the Goods selected by the Buyer, as well as the cost of its delivery to the Buyer;

- method, procedure and terms of payment and

rates of the Goods selected by the Buyer;

- warranty obligations of the Seller and other services related to the maintenance or repair of the Goods selected by the Buyer (if any);

- warranty period and service life of the Goods selected by the Buyer, mandatory conditions for the use of the Goods and possible consequences in case of their non-fulfillment;

- procedure for accepting claims;

- period for accepting the proposal (offer) for concluding this public Agreement;

- procedure for terminating this Agreement;

- other conditions under which the Goods are offered for sale.

 3.6. By clicking on the "Place an order" button or by dialing the phone number 080-044-21-34, the Buyer confirms that he has received all necessary, accessible, reliable and timely information about the Product he has chosen in full and in accordance with the requirements of Article 15 of the Law of Ukraine "On Protection of Consumer Rights", which fully ensured the possibility of a conscious and competent choice of this Product.

 3.7. Clicking on the "Place an order" button by the Buyer or by dialing the phone number 080-044-21-34 is considered to be unconditional and full acceptance by the Buyer of all the terms and conditions of this Agreement without exceptions, as well as entry into the relevant contractual legal relationship with the Seller.

 3.8. In cases provided for by the current legislation of Ukraine, this Agreement is concluded in writing.

 3.9. The term for processing and registration by the Seller of an Order for Goods sent by the Buyer is up to 2 (Two) business days from the date of filling in and sending by the Buyer in accordance with the procedure established in clauses 3.1.-3.2. of this Agreement, the form of such an Order for Goods. If the specified Order for Goods was sent by the Buyer on a weekend or holiday, the term for processing and registration of this Order for Goods begins on the first business day after the weekend or holiday.

 3.10. An Order for Goods, filled in and sent by the Buyer in accordance with the procedure established in clauses 3.1.-3.2. of this Agreement, is issued by the Seller on the appropriate form (paper medium) in two authentic copies. The first copy of the completed Order form for the Goods is transferred by the Seller to the Buyer or the Recipient of the Goods together with the ordered Goods at the time of its delivery (transfer), the second copy is signed by the Buyer or the Recipient of the Goods and remains with the Seller.

 3.11. Within the period established in clause 3.9. of this Agreement, the Seller undertakes to:

- assign a serial number to the Order for the Goods sent by the Buyer;

- send to the e-mail address specified by the Buyer in this Order for the Goods an automatic electronic notification about the processing of this Order for the Goods, which indicates the serial number of this Order for the Goods assigned by the Seller and information about the delivery time of the Goods ordered by the Buyer (if the Buyer ordered the Goods with delivery).

 3.12. If the Buyer in the Order for the Goods has chosen a non-cash payment method for the Goods, then within the period established by clause 3.9. of this Agreement, the Seller undertakes to send to the e-mail address specified by the Buyer in such Order for the Goods an invoice for payment for the Goods ordered by the Buyer, including the cost of its delivery (if the Buyer ordered the Goods with delivery).

 3.13. The Buyer has the right, by notifying the Seller thereof, to unilaterally withdraw from this Agreement during the entire period from the moment of its conclusion (acceptance by the Buyer of the Seller's offer) and until the moment of actual receipt of the ordered Goods.

 

4. RIGHTS AND OBLIGATIONS

 4.1. The Buyer has the right:

 4.1.1. to demand from the Seller full and proper fulfillment of the terms of this Agreement;

 4.1.2. refuse to accept and pay for poor-quality or incomplete Goods or Goods that do not correspond to the Order placed for this Goods;

 4.1.3. in the event that defects in the purchased Goods are discovered during the established warranty period, demand from the Seller - either a proportional reduction in the price of the Goods, or free elimination of defects in the Goods, or reimbursement of costs for eliminating defects in the Goods;

 4.1.4. in the event that significant defects in the Goods are discovered during the established warranty period, which arose through the fault of the Seller - either terminate this Agreement, or demand the exchange (replacement) of the purchased Goods for the same Goods of proper quality or for another similar Goods offered for sale in the Naviale Online Store;

 4.1.5. refuse this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;

 4.1.6. terminate this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;

 4.1.7. in the event of termination or refusal from this Agreement, demand from the Seller a refund of the funds paid for the Goods;

 4.1.8. exercise other rights provided for by this Agreement and the norms of the current legislation of Ukraine.

 4.2. The Buyer undertakes:

 4.2.1. to properly and fully fulfill all its obligations under this Agreement;

 4.2.2. before concluding this Agreement, carefully familiarize itself with its content and terms, as well as familiarize itself with the cost of the Goods offered

to the sale in the Naviale Online Store, the methods and procedure for its payment;

 4.2.3. before concluding this Agreement, carefully familiarize yourself with the cost and methods of delivery of the Goods on the “Payment and Delivery” and “Return of Goods” pages on the website: naviale.ua of the Naviale Online Store

 4.2.4. in accordance with the procedure and under the conditions established by this Agreement, accept the ordered high-quality and complete Goods;

 4.2.5. in accordance with the procedure and under the conditions established by this Agreement, pay the cost of the ordered Goods;

 4.2.6. during the warranty period, keep the relevant payment document (receipt, merchandise or cash receipt) confirming the sale (transfer) of the Goods;

 4.2.7. fulfill other obligations stipulated by this Agreement and the norms of the current legislation of Ukraine.

 4.3. The Seller has the right:

4.3.1. depending on the market situation, periodically review and change the cost of the Goods offered for sale in the Naviale Online Store;

 4.3.2. to hold Sales and offer Promotional Offers that provide for a temporary opportunity to purchase the Goods on more favorable terms than usual;

 4.3.3. to exercise other rights provided for by this Agreement and the norms of the current legislation of Ukraine.

 4.4. The Seller undertakes:

 4.4.1. to properly and fully fulfill all its obligations under this Agreement;

 4.4.2. to provide the Buyer with complete and reliable information about the Goods and their cost by posting this information on the website: naviale.ua of the Naviale Online Store

 4.4.3. provide the Buyer with complete and reliable information about the cost and methods of delivery of the Goods by posting this information on the “Payment and Delivery” page on the website: naviale.ua of the “Naviale” online store.

 4.4.4. within the terms, in the manner and on the terms established by this Agreement, ensure delivery of the Goods ordered by the Buyer to the place specified by the Buyer and in the manner chosen by the Buyer in the relevant Order for such Goods;

 4.4.5. within the terms, in the manner and on the terms established by this Agreement, ensure the transfer (handover) to the Buyer or Recipient of the Goods of high-quality and complete Goods ordered by the Buyer in proper packaging, and also transfer all the documents specified in clause 6.11. of this Agreement together with the Goods;

 4.4.6. in the event of termination of this Agreement within the period established by this Agreement and the norms of the current legislation of Ukraine, return to him the funds paid for the Goods within the terms, in the manner and on the terms established by this Agreement;

 4.4.7. perform other obligations stipulated by this Agreement and the norms of the current legislation of Ukraine.

 

5. COST OF THE GOODS AND PAYMENT PROCEDURE

 5.1. The cost of the Goods offered for sale in the Naviale Online Store is indicated on the website: naviale.ua of the Naviale Online Store (an integral part of this Agreement) and is established in the manner stipulated by the current legislation of Ukraine.

 5.2. The cost of the Goods offered for sale in the Naviale Online Store includes all taxes, duties and any other, including non-tax, mandatory payments.

 5.3. The Seller has the right to hold seasonal or any other types of sales of the Goods offered for sale in the Naviale Online Store (hereinafter referred to as the Sale).

 5.4. The Seller has the right to offer Buyers to purchase several Goods at once or a combination of them, as well as to offer Buyers, in the event of the purchase of a specific Goods specified by the Seller, to purchase another Goods specified by the Seller at a reduced price (hereinafter referred to as the Promotional Offers). In this case, the Seller must additionally indicate the following information on the website: naviale.ua of the Naviale Online Store (an integral part of this Agreement):

- the content and cost of the Promotional Offer, and in the event of the offer to purchase several Goods at once or their combination at one price - the cost of such Goods for each separately;

- the conditions for accepting the Promotional Offer, in particular the term of its acceptance, as well as any restrictions on its acceptance, including restrictions on the number of Goods offered for purchase under such conditions.

 5.5. The cost of the Goods ordered by the Buyer is equal to the cost of the Goods specified for this Buyer on the website: naviale.ua of the Naviale Online Store at the time of conclusion of this Agreement by this Buyer (acceptance by this Buyer of the Seller's offer).

 5.6. From the moment of conclusion of this Agreement by the Buyer (acceptance by the Buyer of the Seller's offer), the Seller has no right to change or otherwise revise for this Buyer the cost of the Goods ordered by him, as well as the cost of its delivery.

 5.7. If the Buyer ordered the Goods with delivery, the cost of its delivery to the place and in the manner specified by the Buyer in the relevant Order for the Goods is included in the cost of this Goods. At the same time, in the settlement document for the Goods (receipt, merchandise or cash receipt), which is transferred to the Buyer together with the delivered Goods, the cost of the Goods and the cost of delivery are indicated both separately and together.

 5.8. By filling out the "Place an order" form

» The Buyer, at his own discretion, chooses one of the methods of payment for the cost of the Goods ordered by him, including the cost of its delivery (if the Buyer ordered the Goods with delivery), specified in the section "Delivery method" on the website: naviale.ua of the "Naviale" online store (an integral part of this Agreement), or transfers this data when placing the order for the Goods by ordering a call from the Seller by telephone.

 5.9. Payment for the cost of the ordered Goods, the cost of which exceeds 49,999.99 UAH, is made by the Buyer only by non-cash payment.

 5.10. Failure by the Buyer to fulfill his obligations to pay for the Goods ordered by him is considered a unilateral refusal by the Buyer from this Agreement in full, which, accordingly, is a consequence of the termination in full of all obligations of the Seller that arose as a result of the Buyer's acceptance of the Seller's offer to conclude this Agreement.

 5.11. All payments under this Agreement shall be made exclusively in the national currency of Ukraine.

 

6. DELIVERY AND HANDING (TRANSFER) OF THE GOODS

 6.1. If the Buyer has ordered the Goods without delivery, he may independently receive the ordered Goods at the Seller's address specified on the website: naviale.ua of the Naviale Online Store.

 6.2. If the Buyer has ordered the Goods with delivery, the Seller undertakes, within the period specified in the relevant automatic electronic notification about the processing of the Buyer's Order for the Goods, but in any case no later than 30 (Thirty) calendar days from the moment the Buyer concludes this Agreement (the Buyer accepts the Seller's offer), to deliver the Goods to the Buyer or the Recipient and hand over (transfer) the ordered Goods at the place of delivery of the Goods specified by the Buyer in the relevant Order for the Goods.

 6.3. The Seller shall deliver the Goods in the manner and to the place specified by the Buyer in the relevant Order for the Goods.

 6.4. The Recipient of the Goods ordered by the Buyer is the Buyer or the Recipient of the Goods.

 6.5. The cost of delivery of the Goods ordered by the Buyer is determined depending on the place and method of delivery specified by the Buyer in the relevant Order for the Goods.

 6.6. Information on the cost and possible methods of delivery of the Goods (an integral part of this Agreement) is contained in the section “Payment and delivery” on the website: naviale.ua of the “Naviale” online store https://naviale.ua/dostavka-ta-oplata.html

 6.7. The delivery of the Goods ordered by the Buyer is carried out by the Seller on its own or with the help of couriers and delivery services engaged by the Seller on a partnership basis, depending on the place and method of delivery specified by the Buyer in the relevant Order for the Goods.

 6.8. Delivery and delivery (transfer) of the ordered Goods by means of the delivery service of Nova Poshta LLC is carried out under this Agreement, taking into account the peculiarities of the terms of delivery of goods established by Nova Poshta LLC (http://novaposhta.ua).

 6.9. The Goods are delivered (transferred) to the Buyer or Recipient of the Goods in a packaged form.

 6.10. Together with the Goods, the Seller undertakes to transfer to the Buyer or Recipient of the Goods:

 - an appropriate settlement document of the established form (receipt, sales receipt) with a note on the date of sale (date of transfer) of the Goods;

 6.11. Delivery (transfer) of the ordered Goods to the Buyer or Recipient of the Goods is carried out exclusively under the following conditions:

 - payment by the Buyer of one hundred percent of the cost of such Goods in the manner and on the terms established by this Agreement;

 - presentation by the Buyer or Recipient of the Goods of a document certifying his identity;

 6.12. During the delivery (transfer) of the ordered Goods to the Buyer or the Recipient of the Goods, the Seller or the couriers and delivery services engaged by the Seller on a partnership basis that delivered such Goods, in the presence of the Buyer, check the conformity of the Goods with the Order for this Goods sent by the Buyer in accordance with the procedure established in clauses 3.1.-3.2. of this Agreement.

 6.13. In the event that the ordered Goods do not correspond to the corresponding Order for this Goods sent by the Buyer or the Goods are of poor quality, incomplete or have any defects, the Buyer has the right at his own discretion:

- or to refuse this Agreement;

- or to demand the exchange (replacement) of this Goods for the same Goods of proper quality in accordance with the Order for the Goods sent by the Buyer or for another similar Goods from among the Goods available for sale in the Naviale Online Store.

 6.14. If the Goods ordered and received by the Buyer are of high quality, complete and fully comply with the relevant Order for this Goods sent by the Buyer, this is an unconditional confirmation of the following facts:

- receipt of the ordered Goods by the Buyer or the Recipient of the Goods;

- compliance of the ordered Goods with the Order sent by the Buyer for this Goods;

- the absence of claims by the Buyer regarding the quality and completeness of the ordered Goods.

 6.15. The risk of accidental destruction, loss or damage to the ordered Goods passes to the Buyer from the moment of delivery (transfer) of this Goods to the Buyer or the Recipient of the Goods.

 6.16. This Agreement is considered to be executed at the moment of delivery (transfer) of the Goods to the Buyer or the Recipient of the Goods

in the complete Goods ordered by the Buyer of proper quality, which fully corresponds to the Order sent by the Buyer for this Goods.

 6.17. Refusal of the Buyer or the Recipient of the Goods to accept the ordered Goods, which are of good quality, complete and fully correspond to the Order sent by the Buyer for this Goods, is considered a unilateral refusal of the Buyer from this Agreement in full, which, accordingly, is a consequence of the termination in full of all obligations of the Seller that arose as a result of the Buyer's acceptance of the Seller's offer to conclude this Agreement, except for the obligations to refund the funds paid by the Buyer for the Goods (if such funds were paid).

 

7. QUALITY OF THE GOODS, WARRANTY OBLIGATIONS, PROCEDURE FOR SUBMITTING AND SATISFYING THE BUYER'S CLAIMS

 7.1. The Seller undertakes to transfer to the Buyer the Goods ordered by him of proper quality, suitable for use for the purpose for which such Goods are usually used.

 7.2. The quality of the Goods must meet the requirements established for such a category of Goods in the relevant regulatory legal acts and regulatory documents.

 7.3. The warranty period begins to run from the date of delivery (transfer) of the ordered Goods to the Buyer.

 7.4. When the Buyer exchanges the Goods of proper quality or exchanges (replaces) the Goods with significant defects, its warranty period is calculated anew from the date of exchange of the Goods of proper quality or from the date of exchange (replaces) of the Goods with significant defects.

 7.5. The warranty period is increased by the period of the Seller's free elimination of defects in the Goods. The specified period is calculated from the date when the Buyer transferred the Goods to the Seller for elimination of its defects.

 7.6. In the event of detection during the established warranty period of significant defects of the Goods (according to the definition of this term in the Law of Ukraine "On Protection of Consumer Rights"), which arose due to the fault of the Seller, or the detection of facts of falsification of the Goods, confirmed if necessary by an expert opinion, the Buyer has the right at his own choice:

- terminate this Agreement with a full refund of the funds paid for the Goods;

- demand the exchange (replacement) of the Goods with significant defects or falsified Goods for the same Goods of proper quality or for another similar Goods, from among the Goods available for sale with an appropriate transfer of the cost of the Goods in accordance with the current legislation of Ukraine.

 7.7. The requirements provided for in clause 7.8. of this Agreement are considered by the Seller subject to the presentation by the Buyer of the relevant settlement document of the established form (receipt, merchandise or cash receipt) with a note on the date of sale (date of transfer) of the Goods.

 7.8. The Buyer's claims provided for in clause 7.8. of this Agreement shall not be satisfied if the Seller proves that the defects of the Goods arose as a result of the Buyer's violation of the rules for using the Goods or the conditions of its storage.

 

8. EXCHANGE AND REPLACEMENT OF GOODS

 8.1. The Buyer has the right, within the period established by the current legislation of Ukraine, to exchange the Goods of proper quality for a similar one from the Seller, if the Goods did not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose.

 8.2. The exchange of Goods of proper quality is carried out if it was not used and if its presentation, consumer properties, seals and labels, as well as the invoice document issued to the consumer together with the sold Goods, have been preserved.

 8.3. List of Goods that are not subject to exchange and return for the reasons specified in clause 8.1. of this Agreement, approved by the Cabinet of Ministers of Ukraine (zakon4.rada.gov.ua/laws/show/172-94-п).

 8.4. Exchange of Goods of proper quality, as well as exchange (replacement) of Goods with significant defects is carried out by the Seller on the basis of a written application of the Buyer sent to the Seller's address specified in the "Contacts" section on the website: naviale.ua Online store "Naviale" https://naviale.ua/kontakty

 8.5. The Buyer's requirements for the exchange of Goods of proper quality, as well as the Buyer's requirements for the exchange (replacement) of Goods with significant defects, if the Seller has the Goods necessary for the exchange or replacement, are subject to immediate satisfaction by the Seller, but in any case no later than 14 (Fourteen) business days from the date of receipt of the application specified in clause 8.4. of this Agreement from the Buyer.

 8.6. The exchange of Goods of proper quality, as well as the exchange (replacement) of Goods with significant defects is carried out by the Seller if the Buyer has an appropriate settlement document of the established form (receipt, sales receipt), confirming the sale of the Goods to the Buyer, with a note on the date of sale (date of transfer) of the Goods.

 8.7. If at the time of the Buyer's request to the Seller to exchange the Goods of proper quality for another similar Goods, the Goods required by the Buyer for the exchange are not on sale in the Naviale Online Store, the Buyer has the right:

- or exchange the purchased Goods for any other Goods from among the Goods available for sale in the Naviale Online Store with the appropriate transfer of the cost of the Goods in accordance with the current legislation of Ukraine;

- or terminate this Agreement in accordance with the procedure established by Section 9 of this Agreement.

- or exchange the received Goods for another similar Goods upon their first entry into sale in the Naviale Online Store. In this case, the Seller undertakes to notify the Buyer thereof on the day such Goods are entered into sale.

 8.8. The Buyer shall return the Goods of proper quality, as well as the Buyer shall return the Goods with significant defects in connection with the exchange or replacement of such Goods, in accordance with the procedure established by Section 10 of this Agreement.

 

9. PROCEDURE FOR TERMINATING THE AGREEMENT

 9.1. The Buyer has the right to terminate this Agreement in the cases and within the terms established by the current legislation of Ukraine, by notifying the Seller thereof in accordance with the procedure established by Section 9.2. of this Agreement.

 9.2. Notice of termination of this Agreement shall be deemed to be the Buyer's application for a refund of the funds paid for the Goods, sent to the Seller in accordance with the procedure established by clause 11.1. of this Agreement.

 9.3. This Agreement shall be deemed to be terminated from the moment the Seller receives the Buyer's application for a refund of the funds paid for the Goods.

 9.4. To exercise his right to terminate this Agreement, the Buyer must necessarily save and present to the Seller the relevant payment document of the established form (receipt, sales receipt) confirming the purchase of the Goods, with a note on the date of sale (date of transfer) of the Goods.

 9.5. Termination of this Agreement by the Buyer shall result in the return of the Goods purchased (received) by him to the Seller in accordance with the procedure established by Section 10 of this Agreement.

 

10. RETURN OF GOODS

 10.1. In the event of termination of this Agreement by the Buyer, in the event of the Buyer exchanging the Goods of proper quality or exchanging (replacing) the Goods with significant defects by the Buyer, the Buyer shall immediately notify the Seller of the place (address) where the Goods may be returned, but exclusively within the settlement to which the specified Goods were delivered at the Buyer's order.

 10.2. If the Goods were delivered to the Buyer by the delivery service of Nova Poshta LLC, the Buyer shall return the Goods to the Seller in the same manner.

 10.4. The Buyer must return the Goods in the original packaging in which he or the Recipient of the Goods received the Goods.

 10.5. The returned Goods must meet the following requirements: they have not been used, their presentation, consumer properties, seals and labels have been preserved, as well as the invoice issued to the consumer together with the sold Goods.

 11. PROCEDURE FOR RETURNING THE AMOUNTS PAID FOR THE GOODS, PROCEDURE FOR COMPENSATION OF THE BUYER’S EXPENSES

 11.1. The refund of the amounts paid by the Buyer for the Goods/reimbursement of the expenses for eliminating the defects of the Goods is carried out by the Seller on the basis of a written application from the Buyer/his duly authorized representative sent to the Seller’s address specified in the “Contacts” section on the website: naviale.ua Online store “Naviale” https://naviale.ua/kontakty

 11.2. The Buyer must attach to the application specified in clause 11.1:

- a relevant payment document of the established form (receipt, sales receipt), confirming the purchase of the Goods, with a note on the date of sale (date of transfer) of the Goods;

- documents confirming the costs incurred by the Buyer to eliminate the defects of the Goods (in the event of a claim for reimbursement of such costs).

 11.3. The Seller shall return to the Buyer/his duly authorized representative the funds paid for the Goods/reimbursement of the costs of eliminating the defects of the Goods in one of the following ways, depending on the method of delivery and handover of such Goods, as well as the method of payment for the Goods:

 11.3.1. In the event of cash payment for the Goods, if the delivery and handover of the Goods was carried out by the Seller on its own:

 - transfer of the corresponding amount of funds to the account opened by the Buyer at a banking institution, including the card account specified by the Buyer in the application specified in clause 11.1. of this Agreement;

 11.3.2. In case of non-cash payment for the Goods by bank transfer by the Buyer of the corresponding amount of money equal to the value of the Goods to the Seller's current account:

- by transferring the corresponding amount of money equal to the value of the Goods to the Buyer's bank account, or to the bank account of a duly authorized representative of the Buyer (provided that the Buyer grants such powers to his representative).

 11.4. In the application specified in clause 11.1. of this Agreement, the Buyer must indicate in which of the methods specified in clause 11.3. of this Agreement he wishes to receive a refund of the money paid by him for the Goods.

 11.5. The refund of the money paid by the Buyer for the Goods is carried out by the Seller provided that the Buyer returns such Goods in accordance with the procedure established by Section 10 of this Agreement.

 

12. SELLER'S LIABILITY AND DISPUTE RESOLUTION PROCEDURE

 12.1. For violation of its obligations under this Agreement, the Seller shall be liable in accordance with the current legislation of Ukraine.

12.2. The Seller is exempt from liability for full or partial failure to fulfill its obligations

obligations under this Agreement, if such non-performance was a consequence of force majeure circumstances.

 12.3. For the purposes of this Agreement, force majeure circumstances are understood to mean external and extraordinary events that did not exist at the time of conclusion of this Agreement and arose independently of the Seller's will, provided that the Seller could not foresee the occurrence of such circumstances or prevent their occurrence using means the use of which could be reasonably required and expected.

 12.4. Force majeure circumstances include, but are not limited to: earthquakes, fires, floods, epidemics, epizootics, contamination by radiation or any nuclear source, transport disasters, military actions, uprisings, mass riots, revolutions, strikes, terrorist acts, social conflicts, decisions of state authorities and local governments, blockades, embargoes, international sanctions, etc.

 12.5. In the event that the Seller loses the ability to fulfill its obligations under this Agreement as a result of force majeure circumstances, the Seller undertakes to immediately notify the Buyer of the occurrence, type and possible duration of events that prevent the proper fulfillment of obligations under this Agreement, within 5 (Five) business days from the date of occurrence of such circumstances.

 12.6. All disputes and disagreements arising between the Buyer and the Seller regarding the exercise of their rights and the fulfillment of their obligations under this Agreement shall be resolved through negotiations.

 12.7. In the event that no agreement is reached on the subject of the dispute through negotiations, all disputes and disagreements between the Buyer and the Seller regarding the exercise of their rights and the fulfillment of their obligations under this Agreement shall be resolved in accordance with the procedure established by the current legislation of Ukraine.

 

13. OTHER CONDITIONS

 13.1. This Agreement is a public offer in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine. The terms of the offer are the same for all Buyers (Internet) through the Naviale Online Store.

 13.2. The period for accepting the proposal (offer) for the conclusion of this public Agreement is established from July 1, 2025. and until December 31, 2030 inclusive.

 13.3. Withdrawal or change of the terms of the offer (offer) to conclude this public Agreement, as well as a change of the terms of this public Agreement may be made by the Seller at any time without additional notice to the Buyer, with the exception of agreements already concluded on previous terms.

 13.4. Withdrawal or change of the terms of the offer (offer) to conclude this public Agreement, as well as a change of the terms of this public Agreement, cannot be the basis for:

-any revision or change of the terms or termination of agreements already concluded by the Seller with the Buyers on the terms of this public Agreement;

-refusal of the Seller from the obligations assumed under agreements already concluded with the Buyers on the terms of this public Agreement.

 13.5. The terms of the offer (offer) for the conclusion of this public Agreement, as well as the terms of this public Agreement, are the same for all Buyers.

 13.6. The Buyer confirms that he is familiar with and agrees with the Privacy Policy posted on the website https://naviale.ua/, which is an integral part of this Agreement.

 13.7. The conclusion of this public Agreement (acceptance by the Buyer of the Seller's offer) is considered an unconditional and full acceptance by the Buyer of all the terms of this public Agreement without exceptions, including essential terms, as well as entry into the relevant contractual legal relationship with the Seller.

 13.8. The Seller has the right to send information messages (including advertising messages) with the prior consent of the Buyer. The Buyer has the right to refuse to receive them at any time.

 13.9. Full information about the Goods offered for sale in the Naviale Online Store under the terms of this public Agreement, as well as the information specified in clause 3.5. of this Agreement, is contained on the website: naviale.ua of the Naviale Online Store

 13.10. Recognition of individual terms of this public Agreement as invalid, void or as having lost their validity does not result in recognition of any other terms of this public Agreement as invalid, void or as having lost their validity.

 13.11. By concluding this public Agreement, the Buyer gives his full, complete and indefinite consent to receive from the Seller via SMS, e-mail, social networks, etc. information messages about the news of the Naviale Online Store, as well as about Promotional Offers and Sales of Goods held by the Seller in the Naviale Online Store. At the same time, the Buyer has the right to refuse to receive the specified

 13.12. By filling out the "Place an order" form and/or going through the registration procedure on the website: naviale.ua of the "Naviale" online store, the Buyer gives his full and unconditional consent to:

- entering by the Seller (owner and manager of the personal data base) the information provided by the Buyer into the personal data base of the "Buyer", including

including information that is considered personal data in accordance with the current legislation of Ukraine;

- the Seller's dissemination of information about the Buyer, including information that is considered personal data in accordance with the current legislation of Ukraine, to third parties, including couriers and delivery services engaged by the Seller, exclusively for the purposes provided for in clause 13.14. of this Agreement;

- the Seller's dissemination of information about the Buyer, including information that is considered personal data in accordance with the current legislation of Ukraine, in cases expressly provided for by the current legislation of Ukraine.

 13.13. By filling out the "Place an order" form and/or completing the registration procedure on the website: naviale.ua of the Naviale Online Store, the Buyer provides his full, complete and indefinite consent to the processing and use by the Seller of information about the Buyer, including information that, in accordance with the current legislation of Ukraine, is considered personal data, exclusively for the following purposes:

- for the purpose of registering and identifying the Buyer in the Naviale Online Store;

- for the purpose of renewing the Buyer's registration password in the Naviale Online Store;

- for marketing purposes, namely: notifying the Buyer via IM (Instant Messaging), SMS, e-mail, social networks, etc. about news of the Naviale Online Store, Promotional offers and Sales of Goods held by the Seller in the Naviale Online Store, conducting an analysis of the market for the consumption of the Goods, determining the circle of potential Buyers, determining the needs of potential Buyers in the Goods offered for sale, etc.;

- for the purpose of the Seller's conscientious fulfillment of its contractual obligations to the Buyer, including obligations to deliver the Goods;

- for the purpose of the Seller's fulfillment of the requirements of the current legislation of Ukraine, including the legislation on consumer protection.

 13.14. The legal relations arising from this public Agreement are subject to the provisions of the Civil Code of Ukraine, the Law of Ukraine "On Consumer Protection" and "On Electronic Commerce", the Rules for the Sale of Goods to Order and Outside Commercial or Office Premises, approved by the Order of the Ministry of Economy of Ukraine dated April 19, 2007 No. 103.

 13.15. On all issues not reflected in this public Agreement, the Parties are guided by the provisions of the current legislation of Ukraine.