Public Offer Agreement

Public Offer Agreement

General Provisions

1. 1.1. This offer is an official proposal of the ORLOV & FROLOV online store (hereinafter referred to as the "Seller") to conclude a дистанционный (online) purchase and sale agreement for goods (hereinafter referred to as the "Agreement"), and constitutes a Public Offer (proposal) published on the Seller's official website https://orlov-design.com (hereinafter referred to as the "Website" or "Site").
2. 1.2. The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic purchase and sale agreement for goods is considered the fact of payment by the Buyer for the order under the terms of this Agreement, within the timeframes and at the prices indicated on the Seller's Website.

Definitions and Terms

1. 2.1. In this offer, unless the context otherwise requires, the following terms shall have the meanings set forth below:
   • "Goods" - models, accessories, components, and related items;
   • "Online Store" - in accordance with the Law of Ukraine "On Electronic Commerce", a means for presenting or selling goods, works, or services through the conclusion of an electronic transaction.
   • "Site" - a collection of web pages located on the Internet at a specific address.
   • "Seller" - the company selling the goods presented on the Site.
   • "Buyer" - a natural or legal person who has entered into an Agreement with the Seller under the terms set forth below.
   • "Order" - the selection of individual items from the list of goods specified by the Buyer when placing the order and making payment.

Subject of the Agreement

1. 3.1. 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. 3.2. This Agreement governs the purchase and sale of goods in the Online Store, including:
   • voluntary selection of goods by the Buyer on the Site;
   • independent placement of an order by the Buyer on the Site;
   • payment by the Buyer for the order placed on the Site;
   • processing and delivery of the order to the Buyer's ownership under the terms of this Agreement.

Order Placement Procedure

1. 4.1. The Buyer has the right to place an order for any product presented on the Site and available. The Buyer undertakes to provide accurate and necessary information about themselves for order processing.
2. 4.2. Each item can be presented in the order in any quantity.
3. 4.3. If the goods are out of stock, the Company Manager is obliged to notify the Buyer (by phone or email).
4. 4.4. If the goods are out of stock, the Buyer has the right to replace them with goods of a similar model, refuse the goods, or cancel the order.

Order Payment Procedure

1. 5.1. Payment is made by cash on delivery upon receipt of the goods at the transport company's office in Ukrainian Hryvnias (UAH). This form of payment is only applicable to pre-made goods.
2. 5.2. The "Cash on Delivery" payment method is not available to buyers outside of Ukraine.
3. 5.3. Cut-to-order goods or goods made to order are paid by prepayment of at least 70% of the full cost. The prepayment amount is agreed upon with each buyer individually. If funds are not received, the Online Store reserves the right to cancel the order.
4. 5.4. Payment methods: cash, cashless transfer, payment by bank cards, and via other payment systems.
5. 5.5. Currency of settlement: from buyers within Ukraine – Ukrainian Hryvnia (UAH). From foreign buyers – US Dollars (USD) or Euro (EUR).

Order Delivery Terms

1. 6.1. Delivery of goods purchased in the Online Store is carried out to the warehouses of transport companies, as well as by courier delivery to the specified address (if applicable).
2. 6.2. International Delivery: Delivery of goods outside of Ukraine is carried out by international postal services. Estimated delivery times and costs depend on the destination country and the carrier's tariffs. The Buyer is responsible for paying any customs duties and taxes in accordance with the legislation of the receiving country. Detailed information on international delivery may be available on a separate page of the Site.
3. 6.3. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.

Rights and Obligations of the Parties

1. 7.1. The Seller has the right:
   • to unilaterally terminate the provision of services under this agreement if the Buyer violates the terms of this agreement.
2. 7.2. The Buyer is obliged:
   • to pay for and receive the order in a timely manner under the terms of this agreement.
   • to provide accurate information necessary for processing and delivering the order.
3. 7.3. The Buyer has the right:
   • to place an order in the Online Store;
   • to conclude an electronic agreement;
   • to demand from the Seller the fulfillment of the terms of this Agreement;
   • to receive information about the status of their order and a tracking number (if available).

Liability of the Parties

1. 8.1. The Parties shall be liable for non-performance or improper performance of the terms of this agreement in accordance with this agreement and the current legislation of Ukraine.
2. 8.2. The Seller shall not be liable for:
   • changes in the appearance of the Goods made by the manufacturer;
   • minor discrepancies in the color scheme of the goods, which may differ from the original product solely due to different color rendering of personal computer monitors of individual models;
   • the content and accuracy of the information provided by the Buyer when placing the order;
   • delays and interruptions in the provision of Services (order processing and delivery of goods) that occur due to reasons beyond its control, including the actions of payment systems and delivery services;
   • illegal actions committed by the Buyer using this Internet access;
   • the transfer by the Buyer of their network identifiers - IP, MAC addresses, login, and password to third parties.
3. 8.3. The Buyer, using the provided Internet access, is solely responsible for any damage caused by their actions (personally, even if another person was logged in under their account) to individuals or their property, legal entities, the state, or moral principles of morality.
4. 8.4. In the event of force majeure, the parties shall be relieved from the performance of the terms of this agreement. For the purposes of this agreement, force majeure shall mean events of an extraordinary, unforeseen nature that exclude or objectively impede the performance of this agreement, the occurrence of which the Parties could not have foreseen or prevented by reasonable means.
5. 8.5. The Parties shall make every effort to resolve any disputes exclusively through negotiations.

Other Terms

1. 9.1. The Online Store reserves the right to unilaterally amend this agreement, provided that it is предварительно (in advance) published on the Site at least ten (10) calendar days before such changes come into force.
2. 9.2. The Online Store is created for the organization of дистанционный (online) sales of goods via the Internet.
3. 9.3. The Buyer is responsible for the accuracy of the information provided when placing the order. By accepting (placing the order and subsequently paying for the goods), the Buyer provides the Seller with their unconditional consent to the collection, processing, storage, and use of their personal data in accordance with the Privacy Policy.
4. 9.4. Payment by the Buyer for the order placed in the Online Store constitutes full agreement by the Buyer with the terms of the purchase and sale agreement (public offer).
5. 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 Electronic Commerce".
6. 9.6. The use of the Online Store's resource for предварительный (preliminary) viewing of goods, as well as for placing an order by the Buyer, is free of charge.
7. 9.7. The information provided by the Buyer is confidential. The Online Store uses the Buyer's information solely for the purpose of processing the order, sending notifications to the Buyer, delivering the goods, making settlements, etc.

Procedure for Returning Goods of Proper Quality

1. 10.1. The return of goods to the Online Store is carried out in accordance with the current legislation of Ukraine.
2. 10.2. Goods of proper quality made to individual order are not subject to return.
3. 10.3. The return of goods to the Online Store is carried out at the Buyer's expense.
4. 10.4. Upon the return of goods of proper quality by the Buyer, the Online Store shall refund the amount paid for the goods upon the fact of the return of the goods, minus compensation for the Online Store's expenses related to the delivery of the goods to the Buyer.
5. 10.5. Return of Goods Shipped Outside of Ukraine: The terms of return for goods shipped outside of Ukraine are governed individually and may differ from the standard return conditions within Ukraine. The Buyer must contact the Seller to clarify the return procedure in each specific case.

Term of the Agreement

1. 11.1. The electronic agreement is considered concluded from the moment the person who sent the offer to conclude such an agreement receives a response accepting this offer in the manner determined by part six of Article 11 of the Law of Ukraine "On Electronic Commerce".
2. 11.2. Before the expiration date, this Agreement may be terminated by mutual agreement of the parties before the actual delivery of the goods, by refunding the monetary funds.
3. 11.3. The Parties have the right to unilaterally terminate this agreement in case of non-performance by one of the parties of the terms of this Agreement and in cases provided for by the current legislation of Ukraine.

Please note that the ORLOV & FROLOV online store on the official website https://orlov-design.com, in accordance with the legislation of Ukraine, has the right to grant the right to use the online platform to sole proprietors and legal entities for the sale of goods.