PUBLIC OFFER AGREEMENT ON SALE OF GOODS AND PROVISION OF SERVICES

This document is an official proposal (public contract) in accordance with Article 633 of the Civil Code.

The contract of public offer is public and, according to Art. 633, 641 of the Civil Code of Ukraine, its terms are the same for all consumers, unconditional acceptance of the terms of which (payment in any way in accordance with Part 2 of Article 642 of the Civil Code of Ukraine) is considered acceptance of this Agreement between Buyer and Seller and certifies its conclusion.

Definition of terms

• Public offer agreement (Offer) - an agreement publicly concluded between the Seller and the Buyer on the terms of sale of goods and provision of services.
• Buyer - any able-bodied natural person who has reached the age of 18 at the time of concluding the Agreement, or a legal entity or a natural person-entrepreneur who, on the basis of a public offer concluded with the Seller, purchases goods and receives services and pays for them.
• Seller - a legal entity or individual entrepreneur who places on the Website information about goods and/or services sold by him. The Seller may be either the Administration or any other person to whom the Website Administration has given permission to post information about the goods and/or services available to such person. The name of the Seller is indicated in the description of the Goods, and in the documents for the Goods, documents certifying the transfer of the Goods to the Buyer (acceptance-transfer act), and any other documents that may confirm the transfer of the Goods to the Buyer.
• Administration - the administration of the website of the online store smart-pattern.com.ua. Individual - entrepreneur Telezhynsky Roman Anatoliyovych, who acts on the basis of the Certificate of state registration of a natural person-entrepreneur № 2009380000000000244 from 16.04.2021.
• User - an individual who has reached 18 years of age, is endowed with full civil capacity, uses this Website and/or its individual tools and modules, and has agreed to the terms of the Offer.
• Website - a website owned by the Website Owner, which contains an up-to-date list of goods and services, at the URL: smart-pattern.com.ua.
• Goods - goods and services, or other tangible or intangible objects, information about which is posted on the Website.
• Document for goods and services - a settlement document (commodity or cash receipt, receipt, etc.), which the Buyer receives based on the results of payment for goods and services upon receipt from the Seller
• Order - the User’s request via the Website and/or a call to the Seller’s hotline regarding the sale of goods and/or services, as well as a set of goods and/or services specified in the User’s order.
• Payer - a person who pays for the User’s Order.
• Recipient - a person specified by the Payer in the Order form as a person authorized by the Payer to receive the purchased goods and/or services. Unless otherwise specified in the Order form, the Recipient is the Payer.
• Offer - information about goods and/or services posted by the Seller on the Website, which includes information about goods and/or services, price, methods of payment and delivery, information about discounts and promotional offers, as well as other conditions of purchase of goods and/or services. The terms of the Offers posted on the Website are set by the Seller.

• Parties - Seller, Buyer, User, Administration, Payer.

• Terms.
  1.1. This Agreement regulates the User’s access to information about goods and/or services posted on the Website, as well as the possibility of selling and transferring such goods and/or services to the User.
  1.2. This Agreement contains all the essential conditions for the organization of purchase and sale remotely, ie through the Website.
  1.3. This Agreement is posted on the Website and is available in four languages: Ukrainian, Russian, English and French. The parties agreed that the text presented in the Ukrainian language shall prevail.
  1.4. In accordance with Art. 642 of the Civil Code of Ukraine full and unquestioning acceptance of the terms of the public contract, ie the public offer of the Website is the fact of clicking on the link “Pay” and pay the order at 100% under the terms of this agreement.
  1.5. The public offer is also accepted upon registration of the Buyer on the Website.
  1.6. The Website is a platform for the placement of Offers by Sellers.
  1.7. Information about goods and/or services displayed on the Website smart-pattern.com.ua is dynamic. This means that the information may be updated, changed, supplemented, deleted by the Administration at any time without prior notice to the User. The Administration of the Website has the right to make changes to the terms of this Agreement at any time. Changes take effect from the moment of posting a new version of the Agreement on the Website and do not require additional notification of the User.
  1.8. The agreement of all essential conditions by the Parties is payment and/or actual receipt of goods and/or services by the Buyer, as well as shipment of goods and/or services by the Seller.

• Ordering procedure.
  2.1. The Buyer places his order online on the Website or by telephone via the contacts listed on the Website.

• Cost and order of payment for the goods.
  3.1. The full value of the goods is indicated on the pages of the Seller’s Website.
  3.2. Prices for Goods and Services may vary depending on market conditions, which is reflected in the prices on the Website. The Seller may not change the price for a particular Buyer, if he has already accepted the terms of the Seller and made in the manner prescribed by this agreement payment for the Goods (services).
  3.3. The Buyer pays for the order within 3 working days (in the amount of 100% of the subscription) by bank transfer to the current account of the Seller indicated in the invoice, incl. using Internet banking.
  3.4. In the event that the Buyer pays for access to the downloading of the Goods and the impossibility of its direct download for technical or any other reasons caused by the Buyer, no refund is made, and the Goods will be considered received properly. Refunds are only possible if the Seller has provided a damaged file (which cannot be reproduced or saved) (if proven after verification by the Seller) and if the Seller cannot replace such a file.
  3.5. If the Order is canceled by the Buyer or rejected by the Seller, the paid value of the Goods is refundable, and the delivery costs incurred by the Seller until the cancellation of the Order by the Buyer are not refundable.

• Delivery of the order.
  4.1. Delivery of the order to the Buyer is done by providing access to download the Goods on the Website.
  4.2. Granting access to the download of the Goods is provided to the Buyer only after full payment of such Goods.
  4.3. The number of downloads of the Goods files purchased by the Buyer may be limited. Information on limiting the number of downloads of the Goods may be provided in addition.
  4.4. Files of the Goods are provided for download to Buyers of the Goods in the form in which they were received from the owner of the intellectual property rights to such files. The Seller undertakes to provide access to the Goods in one or more of the possible variants of the file formats of the Goods of its choice. Seller is not responsible for the impossibility of downloading the file of the Goods in a certain format, regardless of whether this format was declared in the list available for this work.
  4.5. The Buyer undertakes to use the files accessed by the Seller in accordance with the terms of this Public Offer only for personal and educational purposes.
  4.6. The Buyer is prohibited from:

• transfer (forward, download, etc.) the Goods to third parties, in whole or in part;

• place the Goods on the Internet or other networks on any websites, mobile applications, social networks and other resources in public access and provide access to download the Goods to an unlimited number of persons;
• reproduce the Goods publicly, including by radio and television and on the Internet;
• to make copies of the Goods in printed form or in any other material form, if this reproduction is intended for further distribution;
• hack (attempt to hack) DRM (technical means of protection against unauthorized use of the Goods) or in any other way to make (try) access to the Goods, except for those methods provided by the Seller;

• Failure to comply with the requirements of paragraphs 6.4 - 6.6. The public offer is a violation of the intellectual property rights of the Seller and other owners of intellectual property rights, the Goods of which are offered for sale on the Seller’s Website. The Buyer is independently liable for these offenses and other infringements of intellectual property rights of the owners of the Goods in accordance with the Civil Code, the Criminal Code of Ukraine and the Law of Ukraine “On Copyright and Related Rights”.

• Rights and duties.
  5.1. The User undertakes to carefully read this Agreement. If the User does not agree with its terms, the User undertakes to immediately stop using the Website.
  5.2. The User agrees not to perform actions that may be considered as violating the current legislation of Ukraine or international law, including in the field of intellectual property, copyright and related rights, as well as any actions that may lead to violations of normal operation of the Website and its services.
  5.3. Use of materials posted on the Website without the written permission of the copyright holder is not permitted. For the lawful use of the materials of the Website, it is necessary to enter into license agreements with the right holders.
  5.4. When quoting materials from the Website, including copyrighted works, a link to the Website is required.
  5.5. Comments and other records of the User on the Website must not contradict the requirements of the legislation of Ukraine and generally accepted norms of morality and ethics.
  5.6. The User is warned that the Administration is not responsible for visiting and using external resources, links to which may be contained on the Website.
  5.7. The User understands and agrees that any materials or services of the Website and/or Parts thereof may be accompanied by advertising. The User agrees that the Administration does not bear any responsibility and does not bear any responsibilities related to such advertising.
  5.8. The User is aware that the Sellers are separate entities that are not under the control of the Administration. The User is aware that the Administration does not have any authority to influence the Sellers to fulfill their obligations regarding the acceptance and / or execution of the Order, as well as the circumstances arising after the sale of the Goods (warranty obligations, etc.).
  5.9. The Administration and/or the Seller shall not be liable for damage caused to the Buyer as a result of improper use of the Goods purchased by him.
  5.10. Seller shall not be liable for any costs incurred by Buyer for direct or indirect damages, including lost profits or lost data, damage to honor, dignity or business reputation that may be caused to Seller as a result of using the Website.
  5.11. The Seller is not liable to the Buyer if the Buyer for one reason or another did not like the content, design, literary and artistic value, etc. of the purchased Goods of proper quality.
  5.12. The Administration and / or the Seller shall consider the claims of the buyers within 30 (thirty) working days from the moment of receipt of such claims.
  5.13. In the event of force majeure, the parties are released from fulfilling the terms of this Agreement. Force majeure for the purposes of this Agreement means events of an extraordinary, unforeseen nature that exclude or objectively impede the implementation of this Agreement, the occurrence of which the Parties could not have foreseen and prevented by reasonable means.
  5.14. In cases not provided for in this Agreement, the Parties shall bear the responsibility established by the current legislation of Ukraine.
  5.15. In order to prevent unauthorized automatic scanning of the Website, as well as the use of the Website for fraudulent purposes and in case of reasonable suspicion of abuse by the Seller regarding the use of the Site, the Seller reserves the right to:

• block the Buyer’s access to the Website ;

• cancel all Orders, including paid ones, made by using unauthorized access;

• recover damages caused by the use of unauthorized access to the Website.

• Confidentiality and protection of information.
  6.1. The User / Buyer consents to the Administration / Seller to collect, process, accumulate, store and use his personal data (surname, name, patronymic, e-mail address, mobile phone number and other personal data), as well as transfer them to third parties. to persons solely for the purpose and within the limits of ensuring by the Seller of performance of the duties assigned to it according to conditions of the given offer.
  6.2. The Administration / Seller has the right to send service messages informing the Buyer about the order and the stages of its processing. They are sent automatically and cannot be rejected by the Buyer.
  6.3. The Administration / Seller has the right to use the “Cookies” technology. Cookies do not contain confidential information and are not passed on to third parties.
  6.4. The Buyer / User has the right to request correction of personal data, delete them if they are no longer needed, restrict the processing of information when it is denied, receive information on the conditions of access to personal data, including information about third parties to whom his personal data is transferred, access to their personal data, other rights and obligations under current legislation of Ukraine.

• Miscellaneous.
  7.1. The Website may be temporarily partially or completely unavailable due to technical, preventive or other work, or for any other technical reasons.
  7.2. On all issues that are not provided by the terms of this offer, the Parties are guided by the current legislation of Ukraine.
  7.3. The Seller and the Buyer communicate through the use of e-mail, telephone (SMS, etc.), applications, advertisements and / or messages. The Buyer agrees that all communications, data or other information provided in electronic form have legal force and are equivalent to documents drawn up in writing.
  7.4. By registering in the online store, the Buyer agrees to receive updated information, newsletters with the latest news, new arrivals, special offers and announcements for sale through any means of communication, including e-mail, SMS, etc. electronic commercial communications).
  7.5. The Seller has the right to make changes to the text of this Public Offer and / or Appendices without prior notice. Such changes take effect after their publication and apply to any Order made after their publication.

• Term of the contract.
  8.1. This Agreement comes into force from the moment of its acceptance by the User - according to item 1.4. and / or item 1.5. of this Agreement and is valid until the Parties fulfill their obligations in full.
  8.2. The Parties have the right to terminate the Agreement by mutual consent, but until the actual delivery of the Goods.