Public Offer Agreement

Under this Public Offer Agreement, the Seller, on the one hand, and any third party who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter jointly referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement) addressed to an unlimited number of persons, which is a public offer of the Seller to conclude a contract of sale and delivery of the Goods posted in the relevant section of the Website https://icecloths.com.

Sellers who intend to sell the Goods through the Website https://icecloths.com and Buyers who purchase the Goods whose images are posted on the relevant pages of https://icecloths.com shall accept the following terms of this Agreement.

1. TERMS AND DEFINITIONS

Acceptance - acceptance by the Buyer of the Seller's offer to purchase the Goods, the image of which is posted on the Website https://icecloths.com, by adding it to the virtual basket and sending the Order.

Public Offer Agreement - a public agreement, a sample of which is posted on the Website https://icecloths.com, / and the use of which is mandatory for all Sellers, containing the Seller's offer to purchase the Goods, the image of which is posted on the Website https://icecloths.com, directed to an indefinite number of persons, including Buyers.

Order means a duly executed and posted on the Website https://icecloths.com application of the Buyer for the purchase of the Goods addressed to the Seller.

Legislation - the norms established by Ukrainian or international legislation for the regulation of contractual legal relations under the Agreement.

Significant defect of the Goods - a defect that makes it impossible or unacceptable to use the Goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller), after its elimination it manifests itself again for reasons beyond the consumer's control.

Goods - an item of trade (product, model, accessory, components and related items, any other items of trade), the purchase of which is posted on the Website https://icecloths.com, the offer of the seller.

Buyer - any legally capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who has visited the Website https://icecloths.com and intends to purchase a particular Product.

Seller - individual entrepreneur Lednikova Alona Volodymyrivna, in accordance with the current international and Ukrainian legislation, who is the owner of the Goods, and who intends to sell them through the Website https://icecloths.com.

2.GENERAL PROVISIONS

2.1 The contractual relationship between the Seller and the Buyer is formalized in the form of a Public Offer Agreement. Clicking the “BUY” button on the page of the Website https://icecloths.com, in the “SHOP” section in the appropriate section means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with applicable international and Ukrainian legislation, has accepted the terms of the Public Offer Agreement, which are indicated below.

2.2. After the Buyer clicks the “BUY” button, the latter must fill in the contact information, select the method of delivery of the goods, fill in the information for delivery, select the payment method and fill in the payment information, after which the Buyer clicks the “PAY” button. It is from the moment the funds are received from the Buyer to the Seller's account that the Seller shall have the corresponding obligation to deliver the purchased goods in accordance with the terms of this Agreement.

2.3. The Public Offer Agreement is public, i.e., in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and conditions of ordering, payment and delivery of goods by the Seller, liability for an unfair Order and for failure to comply with the terms of this Agreement.

2.4. This Agreement shall enter into force from the moment the Buyer clicks on the “PAY” button, by which the Buyer agrees to purchase the Goods available from the Seller and shall be valid until the Buyer receives the Goods from the Seller and makes full payment. The Agreement shall be deemed concluded from the moment of receipt of payment for the selected goods to the Seller's account.

2.5. To regulate the contractual legal relations under the Agreement, the Parties shall choose and, if necessary, apply Ukrainian legislation. If an international treaty, ratified by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, the rules of the international treaty shall apply.

3. SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes to sell the Goods on the terms and in the manner specified in this Agreement on the basis of the Order placed by the Buyer on the relevant page of the Website https://icecloths.com, and the Buyer undertakes to buy the Goods and pay for them on the terms and in the manner specified in this Agreement.

3.2. The Seller warrants that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and that there are no rights of third parties to them.

3.3 The Seller confirms that it has all the necessary permits for economic activity, which regulate the scope of legal relations arising and operating in the course of the execution of this Agreement, and also guarantees that it has the right to manufacture and / or sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer's rights in the course of execution of this Agreement and sale of the Goods.

4. RIGHTS AND OBLIGATIONS OF THE SELLER

4.1 The seller is obliged to

- fulfill the terms of this Agreement

- fulfill the Buyer's order in case of receipt of payment from the Buyer;

- transfer to the Buyer the Goods selected by the latter on the corresponding page of the Website https://icecloths.com;

4.2. The Seller has the right to:

- unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement, or if such suspension is due to objective reasons beyond the Seller's control.

- unilaterally refuse to provide services under this Agreement in case of violation by the Buyer of the terms of this Agreement, or in case of impossibility to fulfill the order, if such impossibility is due to objective reasons beyond the Seller's control. In this case, the Seller shall refund to the Buyer the funds received for the Goods, without taking into account the Buyer's expenses for payment of any commissions when making payment. Upon receipt by the Buyer of the refund for the paid goods, this Agreement shall be deemed terminated.

5. RIGHTS AND OBLIGATIONS OF THE BUYER

5.1. The Buyer is obliged to:

- timely pay and receive the order on the terms of this Agreement;

- familiarize themselves with the information about the Goods posted on the Website https://icecloths.com;

- upon receipt of the Goods from the person who delivered them, verify the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete completeness of the Goods, record them in the act, which must be signed together with the Buyer by the person who delivered it to the Buyer;

- in case of return of the Goods, follow the rules specified in this Agreement and in the Return of Goods section on the Seller's website.

In case the Buyer orders the Goods outside Ukraine, the return and exchange of the Goods shall not be made.

5.2. The Buyer has the right to:

- place an order on the corresponding page of the Website https://icecloths.com;

- require the Seller to fulfill the terms of this Agreement.

6. ORDERING PROCEDURE

6.1. The Buyer independently places an order on the corresponding page of the Website https://icecloths.com by adding goods to the virtual basket by clicking the “TO CART” button or by clicking the “BUY” button, or by placing an order by e-mail or by calling the phone number indicated in the contacts section of the Website https://icecloths.com.

6.2. The term for the formation of the Order and the language of shipment are specified in the section “Delivery and Payment”. In case the order is sent on a weekend or a holiday, the period of formation starts from the first working day after the weekend.

7. CONTRACT PRICE AND PAYMENT PROCEDURE

7.1 The price of each individual product is determined by the Seller and is indicated on the corresponding page of the Website https://icecloths.com.Ціна The Agreement is determined by adding the prices of all selected Products placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Agreement.

7.2. The cost of the Order may vary depending on the price, quantity or range of goods. 

7.3. The Buyer may pay for the Order in the following ways:

1) by bank transfer of money to the Seller's current account specified in the invoice, including through Internet banking (the Buyer pays for the order within two days from the date of receipt of the invoice in the amount of 100% prepayment).

2) via the website https://icecloths.com with a payment card of the following type:

- Visa

- Visa Electron

- Mastercard

- Mastercard Electronic

- Maestro

3) in any other way as agreed with the Seller.

Note. When the Buyer pays for the order with a payment card, an additional commission may be charged by the issuer of this card, in particular, when the Buyer pays for the order with a payment card, an additional commission may be charged when the Buyer pays for European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. Clicking on the “BUY” button on the page of the Website https://icecloths.com in the corresponding section means that the Seller has informed the Buyer about the possibility of charging an additional fee when the Buyer pays for European orders by Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card issuers.

8. TERMS OF DELIVERY OF GOODS

8.1. The Buyer receives the Goods by delivery or receives them personally. The procedure for payment and receipt is indicated on the corresponding page of the Website https://icecloths.com.

8.2. When delivering the Goods to other cities of Ukraine or on the territory of another country, performed by other Delivery Services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees to the Rules of carriage of goods by these carrier companies.

8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies shall be confirmed by the Buyer with his own signature in the consignment note, the declaration of the Carrier Company, or in the expenditure invoice upon receipt of the goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid for by the Buyer, in a complete set according to the specification of the Goods and in proper (working) condition and quality.

8.4. In case of the Buyer's absence at the delivery address specified by the Buyer in the application or the Buyer's refusal to receive the Goods for unreasonable reasons, upon delivery by the Courier of the carrier company, the Goods shall be returned to the place of shipment. Payment for the services of the Carrier Company and other costs related to delivery costs shall be deducted from the amount paid by the Buyer for the Goods. The balance of the amount shall be refunded to the Buyer based on his/her official letter sent to the e-mail address: icecloths.sales@gmail.com indicating the current account to which the funds should be returned. 

All questions arising in the process of payment and receipt of the Goods can be clarified by the Buyer using the contact information in the Contacts section.

9. TERMS OF RETURN OF GOODS

9.1. In accordance with Article 9 of the Law of Ukraine “On Protection of Consumer Rights”, the Buyer has the right to exchange the Goods of good quality within fourteen days, excluding the day of purchase, unless a longer period is announced by the Seller. The Buyer has the right to exchange the Goods, subject to the provisions of the legislation on the grounds and list of Goods that are not subject to exchange (return).

9.2. If the Buyer intends to return the Goods, such return shall be made in accordance with the section of the Site “Returns”, taking into account the terms and conditions of the carrier or courier.

By ordering the Goods outside of Ukraine, the Buyer accepts the terms that the Seller does not return and exchange the Goods under any circumstances.

9.3. The Parties agreed that in case of non-compliance with the mandatory requirements of this procedure, the Buyer shall be recognized as receiving the Goods in proper condition - without any mechanical damage and in full.

10. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION

10.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and applicable international and Ukrainian law.

10.2. In the event of disputes related to the Parties' performance of this Agreement, except for disputes on debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. In disputes in connection with debt collection from the Buyer, compliance with the claim procedure is not required.

10.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its performance, breach, termination or invalidity, shall be resolved in the appropriate court in accordance with international and Ukrainian substantive and procedural law.

11. FORCE MAJEURE CIRCUMSTANCES

11.1. The Parties shall not be liable for failure to fulfill any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, i.e. events or circumstances that are really beyond the control of such party, occurring after the conclusion of this Agreement, which are unpredictable and inevitable.

Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, missile attacks, UAV attacks, icing, wars (both declared and undeclared), martial law, riots, loss of goods, delays of carriers caused by accidents, martial law, missile attacks, and UAV shelling or adverse weather conditions, dangers and accidents at sea, embargoes, disasters, restrictions imposed by governmental authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affect the performance of this Agreement.

11.2. The Party for which it has become impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure shall immediately inform the other Party in writing of the occurrence of the above circumstances, as well as provide the other Party with confirmation of force majeure within 30 (thirty) calendar days. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.

11.3. The time required by the Parties to fulfill their obligations under this Agreement shall be extended for any period during which the performance was postponed due to the above circumstances.

11.4 If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement lasts for more than three months, either party has the right to terminate this Agreement unilaterally by notifying the other party in writing.

Notwithstanding the occurrence of force majeure, the parties shall make final settlements before termination of this Agreement due to force majeure.

12. OTHER TERMS OF THE AGREEMENT

12.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his order (sending a message to the seller about the order of the goods, sending advertising messages, etc.) 

12.2 By accepting the Agreement or registering on the Website https://icecloths.com (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data for the following purposes: the data that becomes known will be used for commercial purposes, including processing orders for the purchase of goods, receiving information about the order, sending advertising and special offers, information about promotions, drawings or any other information by telecommunication means (e-mail, mobile communication).

 For the purposes provided for in this clause, the buyer has the right to send letters, messages and materials to the postal address, e-mail of the buyer, as well as send SMS messages, make calls to the phone number specified in the questionnaire.

 12.3. The buyer gives the right to process his personal data, including: to place personal data in databases (without additional notice), to carry out lifelong storage of data, their accumulation, updating, changing (as necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for the specified purposes, as well as at the mandatory request of the competent state authority).

12.4 In case of unwillingness to receive the newsletter, the buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.

 12.5 The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information provided when placing an order.