Public offer contract

PUBLIC AGREEMENT (OFFER)

For ordering, purchase-sale, and delivery of goods

This agreement is an official and public offer from the Seller to conclude a purchase-sale agreement for the Goods presented on the website www.thedome.com.ua. This agreement is public, which means that, according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers, regardless of the status (individual, legal entity, individual entrepreneur), without giving preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions of ordering, payment for the goods, delivery of the goods, returning the goods, liability for dishonest ordering, and all other conditions of the agreement. The Agreement is considered concluded from the moment the Buyer clicks the “Confirm Order” button on the order confirmation page in the “Cart” sectionandreceivesconfirmationoftheorderfromtheSellerinelectronicform.

Definitions

1.1. Public offer (here in after referred to as the “Offer”) – a public proposal from the Seller addressed to an indefinite number of persons to conclude a distance purchase-sale agreement (here in after referred to as the “Agreement”) with the Seller on the terms contained in this Offer.

1.2. Goods or Services – the object of the agreement between the parties, whichhasbeenselectedbythebuyeronthewebsiteoftheonlinestoreandplacedinthecart, or already purchased by the Buyer from the Seller through distance means.

1.2. Online store – the Seller’s website located at www.thedome.com.ua, created for the purpose of concluding retail and whole sale purchase-sale agreements based on the Buyer’s familiarization with the Seller’s description of the Goods using the Internet.

1.3. Buyer – a capable individual who has reached the age of 18, receives information from the Seller, placesanorderforthepurchaseofgoodspresentedonthewebsiteoftheonlinestoreforpurposesunrelatedtoentrepreneurialactivity, or a legal entity or individual entrepreneur.

1.4. Seller – Individual Entrepreneur Tetyana Masyuchenko (identification code 2661318749), a legal entity established and operating in accordance with the current legislation of Ukraine, with its registered address at 25, Hvardiyska Street, Uzhhorod, 88000.

Subject 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 conditions of this Agreement.

2.2. 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 Agreement shall be considered as the date when the Buyer completes the order form located on the website of the online store, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the Buyer’s request, the Agreement may be formalized in writing.

Order Placement

3.1. The Buyer independently places an order by email or by using the contact number provided in the contact section.

3.2. The Seller has the right to refuse to deliver the order to the Buyer if the information provided by the Buyer during order placement is incomplete or raises suspicion regarding its accuracy.

3.3. When placing an order on the website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:

3.3.1. Buyer’s surname, first name.

3.3.2. Delivery address (if delivery is to be made to the Buyer’s address).

3.3.3. Contact phone number.

3.3.4. Identification code for a legal entity or individual entrepreneur.

3.4. The name, quantity, article, and price of the selected Goods by the Buyer are indicated in the Buyer’s cart on the website of the online store.

3.5. If either party of the agreement requires additional information, they have the right to request it from the other party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing a quality service to the Buyer when purchasing goods from the online store.

3.6. When placing an order through the Seller’s manager (point 3.1. of this Offer), the Buyer undertakes to provide the information specified in points 3.3 – 3.4. of this Offer.

3.6. The acceptance of the terms of this Offer by the Buyer is carried out by entering the relevant data by the Buyer into the registration form on the company’s website or when placing an order through the manager. After placing an order through the manager, the Buyer’s data is entered into the Seller’s database.

3.7. The Buyer is responsible for the accuracy of the information provided when placing the order.

3.8. By entering into the Agreement, i.e., accepting the terms of this offer (the proposed terms of purchasing the Goods) by placing an order, the Buyer confirms the following:

a) The Buyer is fully acquainted with and agrees to the terms of this offer.

b) The Buyer gives permission for the collection, processing, and transfer of personal data. The permission to process personal data is valid for the entire term of the Agreement and for an unlimited period after its termination. In addition, by entering into the agreement, the Buyer confirms that they have been informed (without additional notification) of the rights established by the Law of Ukraine “On the Protection of Personal Data,” the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and obtaining invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer their personal data to third parties without any additional notification to the Buyer in order to fulfill the Buyer’s order. The Buyer is aware of and understands the scope of their rights as a subject of personal data according to the Law of Ukraine “On the Protection of Personal Data.”

Price and Delivery of Goods

4.1 Prices for goods and services are determined by the Seller independently and indicated on the website. All prices for goods and services are stated on the website in Ukrainian Hryvnia (UAH) and include VAT.

4.2 Prices for goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of an individual unit of goods, the cost of which has been fully paid by the Buyer, cannot be changed by the Seller unilaterally.

4.3 The price of the goods indicated on the website does not include the cost of delivery to the Buyer. The cost of delivering the goods is paid by the Buyer according to the applicable tariffs of the selected delivery service provider (carrier) directly to the chosen delivery service provider (carrier).

4.4 The price of the goods indicated on the website does not include the cost of delivering the goods to the Buyer’s address.

4.5 The Seller may provide an estimated cost of delivering the goods to the Buyer’s address when the Buyer makes a relevant inquiry to the Seller by sending an email or when placing an order through the online store operator.

4.6 The Buyer’s obligation to pay for the goods is considered fulfilled from the moment the funds are received by the Seller’s account.

4.7 Settlements between the Seller and the Buyer for the goods are made using the methods specified on the website in the “Payment and Delivery” section.

4.8 Upon receiving the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), verify the conformity of the goods to the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).

4.9 The Buyer or their representative, upon receiving the goods, confirms their acceptance of the quantity, appearance, and completeness of the goods by signing the sales receipt and/or the order form and/or the transportation invoice for the delivery of goods, indicating no claims.

4.10 The ownership and the risk of accidental loss or damage to the goods are transferred to the Buyer or their Representative from the moment the Buyer receives the goods in the city of delivery when the goods are self-delivered by the Seller or when the Seller transfers the goods to the chosen delivery service (carrier) selected by the Buyer.

Rights and Obligations of the Parties

5.1. The Seller shall be obliged to:

5.1.1. Deliver the goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.

5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except as provided by law and during the execution of the Buyer’s order.

5.2. The Seller has the right to:

5.2.1. Change the terms of this Agreement, as well as the prices for Goods and services, unilaterally by posting them on the website of the online store. All changes take effect from the moment of their publication.

5.3. The Buyer undertakes to:

5.3.1. Before concluding the Agreement, familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the website of the online store.

5.3.2. In order for the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary data that unambiguously identifies them as the Buyer and is sufficient for the delivery of the ordered Goods.

Return of Goods

6.1. The Buyer has the right to return non-food goods of proper quality to the Seller if the goods do not meet their requirements in terms of form, dimensions, style, color, size, or cannot be used for their intended purpose for other reasons. The Buyer has the right to return non-food goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of non-food goods of proper quality is carried out if the goods have not been used and if their commercial appearance, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for the payment of the Goods, are preserved. The list of goods that are not subject to return on the grounds provided in this clause is approved by the Cabinet of Ministers of Ukraine.

6.2. The refund of the value of non-food goods of proper quality to the Buyer shall be made within 30 (thirty) calendar days from the moment of receiving such Goods by the Seller, subject to compliance with the requirements provided in clause 6.1. of this Agreement and the applicable legislation of Ukraine.

6.3. The cost of the goods shall be refunded by bank transfer to the Buyer’s account.

6.4. The return of non-food goods of proper quality to the Seller’s address is carried out at the expense of the Buyer, and the Seller does not reimburse the Buyer for this.

6.5. In case of defects in the Goods found during the warranty period, the Buyer has the right, personally and within the deadlines established by the legislation of Ukraine, to make claims to the Seller in accordance with the requirements of the Law of Ukraine “On Protection of Consumer Rights.” When making claims for free elimination of defects, the time for their elimination is counted from the date of receipt of the Goods by the Seller at their disposal and physical access to such Goods.

6.6. The consideration of claims provided for by the Law of Ukraine “On Protection of Consumer Rights” shall be carried out by the Seller provided that the Buyer provides the documents specified by the current legislation of Ukraine. The Seller shall not be liable for defects in the Goods that have arisen after their transfer to the Buyer due to the Buyer’s violation of the rules of use or storage of the Goods, actions of third parties, or force majeure.

6.7. The Buyer does not have the right to refuse goods of proper quality that have individually determined properties if such goods can only be used by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, equipment, etc.) Confirmation that the goods have individually determined properties is the difference in the size of the goods and other characteristics indicated on the website of the online store.

6.8. The return of goods, in cases provided by law and this Agreement, is carried out at the address specified on the website in the “Contacts” section.

Liability

7.1. The Seller shall not be liable for any damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.

7.2. The Seller shall not be liable for improper or untimely fulfillment of Orders and its obligations in case the Buyer provides inaccurate or incorrect information.

7.3. The Seller and the Buyer shall be responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer shall be released from liability for complete or partial non-performance of their obligations if such non-performance is a result of force majeure circumstances such as war or military actions, earthquakes, floods, fires, and other natural disasters that occurred independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. The party unable to fulfill its obligations shall immediately notify the other party.

Confidentiality and Personal Data Protection

8.1. By providing their personal data on the website during registration, the Buyer voluntarily gives consent to the Seller for the processing, use (including transmission) of their personal data, as well as taking other actions provided by the Law of Ukraine “On Personal Data Protection,” without limitation to the term of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, or in cases where the disclosure of such information is required by the current legislation of Ukraine.

8.3. The Buyer is responsible for maintaining their personal data up to date. The Seller shall not be responsible for the inadequate performance or non-performance of its obligations due to the outdated or inaccurate information about the Buyer.

Other Terms

9.1. This agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case the disputing issue cannot be settled through negotiations, the Buyer and/or the Seller have the right to seek resolution through the courts in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to make changes to this Agreement unilaterally as provided in clause 5.2.1. of the Agreement. Additionally, changes to the Agreement can also be made by mutual agreement of the Parties in accordance with the current legislation of Ukraine.

SELLER’S ADDRESS AND DETAILS:

Individual Entrepreneur Tetyana Masyuchenko

25, Hvardiyska Street, Uzhhorod, 88000.

Account No. UA 313005280000026007001337829 at OTP Bank Kyiv

VAT ID: 2661318479

Single tax payer, second group

Tel: +38 (050) 8153800