PUBLIC OFFER AGREEMENT

The Public Offer Agreement, hereinafter referred to as the "Agreement", is a public contract of adhesion. By accepting the terms of this Agreement, the Buyer agrees to the terms of ordering, order delivery, payment and return of the Goods.
The addressee of this Agreement is any legal entity, individual or individual entrepreneur who visits the website of the online store at https://candles.lviv.ua/ and wishes to purchase the product(s) offered by the online store.
This Agreement is an agreement between the Individual Entrepreneur Myskovych V. B. (online store at https://candles.lviv.ua/), hereinafter referred to as the "Seller" and any legal entity, individual or individual entrepreneur, hereinafter referred to as the "Buyer", hereinafter referred to collectively as the "Parties" and individually as a "Party".
This Agreement shall be governed by the Law of Ukraine "On Protection of Consumer Rights" dated 12 May 1991, the Law of Ukraine "On Electronic Commerce" dated 30 September 2015, the Rules for Retail Trade in Non-Food Products approved by the Order of the Ministry of Economy of Ukraine dated 19 April 2007, the Rules for Sale of Goods to Order and Outside Commercial or Office Premises dated 19 April 2007.

1. GENERAL PROVISIONS

1.1 This Agreement contains all the essential terms of the Agreement concluded at a distance and establishes the procedure for organising the sale and purchase of goods at a distance, namely through the Lviv Candle Manufactory online store at https://candles.lviv.ua/.
1.2. Full and unconditional acceptance of the terms of this Agreement is the fact of clicking on the "Add to Cart" link on the Seller's website, "Proceed to Checkout" and "Checkout" links during the ordering process.
1.3. Full and unconditional acceptance of this Agreement shall also be deemed to be the Buyer's registration on the Seller's website using the "Login" link.
1.4. By accepting the terms of this Agreement, the Buyer confirms that he is familiar with the content of this Agreement and agrees to its terms in full. If the Buyer is an individual, by accepting the terms of this Agreement, the Buyer also gives the Seller permission to process his personal data to the extent necessary for the performance of this Agreement and settlements between the Parties. The Seller's permission to process personal data is valid for the duration of this Agreement. By accepting the terms and conditions of this Agreement, the Buyer confirms that he/she is familiar with the rights of the personal data subject provided for by the Law of Ukraine "On Personal Data Protection" and the purpose of personal data processing.

2. TERMS USED IN THIS AGREEMENT

2.1. "Online store" - the Seller's website at: https://candles.lviv.ua/is a website created for the purpose of retail sale of the Goods via the Internet, i.e. conclusion of sales contracts at a distance, based on the Buyer's familiarisation with the description and/or image of the Goods provided by the Seller on the relevant website.
2.2. "Product" - is a list of assortment items, with description, price, image, posted by the Seller on the website of the online store for the purpose of offering it for sale.
2.3. "Seller" - individual entrepreneur Myskovych V.B., registered at 15 Kolomyiska St., Lviv, apartment 52, taxpayer registration number - 2786519831.
2.4. "Buyer." - a person who accepts the terms of this Agreement and takes actions aimed at purchasing the Goods posted on the website of the Online Store.
2.5. "Order" - is the decision of the Buyer to purchase the Goods selected on the website by making a corresponding request by clicking on the "Add to Cart", "Go to Checkout" and "Checkout" links
2.6. "Personal data" - is information or a set of information about an individual who is identified or can be specifically identified.

3. SUBJECT OF THE CONTRACT

3.1. The Seller undertakes to transfer the Goods to the Buyer's ownership, and the Buyer undertakes to accept and pay for the Goods on the terms and conditions stipulated herein.
3.2. The colour and weight of the Goods may differ from those stated on the website, taking into account the specifics of the Goods, as well as the fact that they are the result of handmade work.
3.3 This Agreement regulates the procedure for organising the sale and purchase of the Goods, namely:
3.3.1. the Buyer's choice of the Goods in the Online Store at its sole discretion;
3.3.2. the Buyer's independent placement of the Order on the website of the Online Store;
3.3.3. execution of the Order by the Seller and transfer of the Order to the Buyer;
3.3.4. the procedure for payment by the Buyer of the placed Order.
3.4. This Agreement shall apply to the entire range of Goods presented on the website of the Online Store for the entire time while such offers with a description and/or image of the Goods are posted on the website of the Online Store.

4. ORDERING PROCEDURE

4.1 The Buyer independently places an Order on the website of the Online Store by clicking on the links "Add to Cart", "Proceed to Checkout" and "Checkout".
4.2. The minimum amount of the Goods required to place an Order in the Online Store is UAH 300 (three hundred).
4.3. Registration on the website of the Online Store is not required to place an Order.
4.4. The Buyer is fully responsible for providing accurate information when placing an Order.
4.5. Provision of inaccurate information by the Buyer when placing an Order may result in the Seller's inability to fulfil its obligations under the Agreement. In such circumstances, the Seller shall not be liable for failure to fulfil its obligations under the Agreement.

5. COST AND PROCEDURE OF PAYMENT FOR THE GOODS

5.1. The price of each Product is determined by the Seller and indicated by him on the website of the Online Store. The price of the Order is set by adding the prices of all the Goods added to the Order. The cost of delivery is not included in the price of the Order and is determined by the carrier's tariffs.
5.2 The price of the Agreement is equal to the price of a particular Order. The price of the Order may vary depending on the price, nomenclature and quantity of the Goods attached to the Order.
5.3. The Seller may not change the price for the Buyer, if the latter accepts the terms of this Agreement and places an Order at the prices indicated on the website of the online store at the time of placing the Order.
5.4. The Buyer may choose one of the following payment methods for the Goods:
5.4.1. instant payment using the LiqPay payment system when placing an Order;
5.4.2. payment for the Goods by bank transfer via Internet banking or self-service terminal, according to the bank card details sent to the Buyer when placing the Order;
5.4.3. payment for the Goods in cash / bank transfer upon receipt, provided that the delivery method is "Pickup".
5.4. If the option "Payment terminal/bank cash desk" is selected when placing the Order (payment for the Goods by bank transfer), the Buyer is obliged to pay for the Goods within 2 (two) business days from the date of placing the Order.

6. DELIVERY AND RECEIPT OF GOODS

6.1. The Buyer may choose one of the following methods of delivery of the Goods:
6.1.1. delivery by courier service to the branch at the place of delivery.
6.1.2. pickup from the Lviv Candle Factory store daily from 10:00 to 19:00 at the address: Lviv, 1 Muzeiana Square.
6.2. Delivery and courier delivery by Nova Poshta is carried out on the terms and conditions and at the rates established by the carrier.
6.3. The Seller is not responsible for the delivery time of the Goods, since the delivery time of the Goods is determined by the carrier, namely the company "Nova Poshta".
6.4. Payment of the delivery cost at the carrier's tariffs shall be made by the Buyer upon receipt of the Goods.
6.5. Upon receipt of the Goods, the Buyer shall check the external integrity of the packaging, inspect the delivered Goods and make sure that they are complete and intact. In case the Buyer refuses to inspect the Goods, it is considered that the Goods transferred to the Buyer are of proper quality, in full completeness and accepted by him without any comments.
6.6. In case of damage to the Goods or delivery of the Goods in a different quantity than specified in the Order, the Buyer shall draw up an Act in any form or in the form provided by the carrier. The Act must be signed by the Buyer and the carrier's representative.
6.7. Within 1 (one) calendar day from the date of receipt of the Goods, the Buyer shall notify the Seller's representative responsible for placing the Order of the identified defects (damage/incomplete completeness) and agree on the replacement of the Goods, including by sending a corresponding application.

7. RETURN OF GOODS OF GOOD QUALITY

7.1. The Buyer has the right to exchange the Goods of good quality for a similar one within 14 (fourteen) calendar days if the Goods do not satisfy him/her in terms of shape, size, style, colour, size or for other reasons cannot be used for their intended purpose.
7.2. The Buyer has the right to exchange the Goods of good quality, provided that:
7.2.1. The Goods have not been used and their presentation, labels, films have been preserved, and the integrity of the Goods' packaging has not been violated;
7.2.2. the full completeness of the Goods sold is preserved;
7.2.3. a payment document, including an electronic payment document confirming payment for the Goods, has been saved.
7.3. In case the requirements stipulated in clauses 7.2.1-7.2.3. of this Agreement are not met, the Seller has the right to refuse to exchange the Goods.
7.4. In case of exchange of the Goods, the warranty period shall be calculated anew starting from the date of exchange.
7.5. If at the time of the exchange the similar Goods are not available, the Buyer has the right to purchase any other Goods from the available assortment with the corresponding transfer of the cost, or to receive a refund in the amount of the cost of the returned Goods, or to exchange the Goods for similar ones when the Goods first come on sale. The Seller is obliged to notify the Buyer who requests the exchange of the Goods on the day of receipt of the Goods.
7.6. In case of return or exchange of the Goods of good quality, the costs associated with the delivery of the Goods shall be borne by the Buyer.

8. RECEIVING GOODS OF INADEQUATE QUALITY

8.1. The Seller guarantees the proper quality of the Goods within 7 (seven) calendar days from the date of purchase, taking into account the specific properties of the Goods.
8.2. In case of detection of defects caused by the Seller's fault within the established warranty period, and provided that the Goods have not been used, the Buyer has the right to demand from the Seller at its sole discretion:
8.2.1. termination of the Agreement and refund;
8.2.2. replacement of the Goods with the same or similar in characteristics to those available from the Seller.
8.3. Upon termination of the Agreement, the Seller, subject to the return of the Goods, shall refund to the Buyer the funds paid for the Goods based on their value at the time of the relevant request (in case of price increase) or based on the value of the Goods at the time of purchase (in case of price decrease).
8.4. The Seller shall refund to the Buyer the funds paid for the Goods within the period agreed by the Parties, but not later than within 7 (seven) calendar days from the date of return of the Goods.
8.5. When replacing the Goods, settlements with the Buyer shall be made as follows:
8.5.1. in case of replacement of the Goods with the same Goods, the price of which has changed, the cost shall not be recalculated;
8.5.2. in case of replacement of the Goods with the Goods of similar characteristics, the cost of the Goods shall be recalculated based on the cost at the time of exchange (in case of price increase) or based on the cost at the time of purchase (in case of price decrease).
8.6. In case of availability of the same or similar Goods by characteristics, the Seller shall satisfy the Buyer's request for replacement of the Goods immediately, and in case of necessity of quality check - within 14 (fourteen) calendar days from the date of the request.
8.7. In the absence of the same or similar Goods, the Seller shall be obliged to satisfy the Buyer's request for replacement of the Goods within 2 (two) months from the date of the request.
8.8. In the event of replacement of the Goods of inadequate quality, the costs associated with the delivery of the Goods shall be borne by the Buyer.

9. RIGHTS AND OBLIGATIONS OF THE PARTIES

9.1. The Buyer shall:
9.1.1. prior to the conclusion of this Agreement, to get acquainted with its content, terms and conditions and prices offered by the Seller on the website of the online store https://candles.lviv.ua/;
9.1.2. to place an Order on the website of the Online Store;
9.1.3. comply with the terms and conditions of this Agreement;
9.1.4. timely receive and pay for the Goods from the carrier's courier (in case of courier delivery), at the carrier's branch (in case of delivery to the branch), at the Lviv Candle Manufactory store (in case of self-delivery);
9.1.5. upon receipt of the Goods, verify their integrity and completeness;
9.1.6. in case of damage and incomplete completeness, record them in the act in accordance with the terms of this Agreement.
9.2. The Buyer has the right to:
9.2.1. require the Seller to comply with the terms of this Agreement;
9.2.2. terminate the Agreement in cases provided for by the Agreement and the current legislation of Ukraine.
9.3. The seller is obliged to:
9.3.1. comply with the terms and conditions of this Agreement;
9.3.2. transfer to the Buyer the Goods specified by the Buyer in the Order under the terms of this Agreement;
9.3.3. comply with the warranty obligations provided for hereunder.
9.4. The seller has the right to:
9.4.1. fail to fulfil its obligations under this Agreement in the event of force majeure circumstances that prevent it from doing so;
9.4.2. unilaterally change the terms of this Agreement, as well as the prices for the Goods, by posting new information on the website of the online store at https://candles.lviv.ua/. Such changes shall become effective immediately after their publication on the website, except for the terms of the Agreement and the prices for the Goods that existed at the time of placing the Order, which took place before the publication of the new information.

10. PROCEDURE FOR ACCEPTING CLAIMS

10.1. In case of violation of the Buyer's rights and legitimate interests, including in case of receipt of the Goods of inadequate quality, the Buyer shall have the right to file a written claim with the Seller.
10.2. The claim shall contain the following information:
10.2.1. surname, name, patronymic of the Buyer, his postal address, information on means of communication;
10.2.2. full name of the Seller and its postal address;
10.2.3. the date of the claim;
10.2.4. circumstances that gave rise to the claim;
10.2.5. evidence confirming the validity of the claim;
10.2.6. the Buyer's request;
10.2.7. the amount of the claim and the Buyer's payment details.
10.3. The Buyer may make a claim by:
10.3.1. sending it by postal means to the Seller's postal address specified in this Agreement;
10.3.2. sending it as an attached file or as a text message to the Seller's email address: [email protected].
10.4. In case of sending a complaint by post or as an attached file to an e-mail address, such a complaint must be signed by the Buyer.
10.5. The use of an electronic digital signature when sending a claim to the Seller's email address is not required.
10.6. The Seller shall send a response to the claim within 7 (seven) days from the date of receipt of the claim in the manner in which the claim was sent. If it is impossible to send a response in time, the Seller shall set a deadline for its response, and notify the Buyer thereof. The total period for providing a response may not exceed 30 (thirty) calendar days from the date of receipt of the claim.

11. RESPONSIBILITY OF THE PARTIES

11.1. For improper performance or non-performance of their obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine.
11.2. The Parties shall not be liable for breach of their obligations under this Agreement if it occurred through no fault of their own.
11.3. the Seller shall not be liable, may not act as a defendant in court and shall not compensate for losses incurred by the Buyer due to the actions or omissions of third parties.
11.4. A Party shall be deemed innocent and shall not be liable for breach of the Agreement if it proves that it has taken all measures in its power to ensure proper performance of this Agreement.

12. FORCE MAJOR

12.1. The Parties agree that in the event of force majeure (extraordinary circumstances) that make it impossible for the Parties to fulfil their obligations, and any circumstances beyond the control of the Parties, the occurrence of which the Parties could neither foresee nor prevent by reasonable measures, the Parties shall be released from their obligations under this Agreement for the duration of the above circumstances.
12.2. The existence of force majeure shall be confirmed by the authorised body in accordance with the procedure provided for by the applicable law.
12.3. In the event of the occurrence or termination of force majeure, the Party affected by them shall immediately notify the other Party thereof within five (5) calendar days by sending an e-mail containing information on the nature of the circumstances, assessment of their impact on the performance and the expected term of performance of its obligations.
12.4. If, due to force majeure, the failure to fulfil obligations under this Agreement lasts for more than 5 (five) months, each of the Parties shall have the right to terminate this Agreement unilaterally by notifying the other Party in writing

13. CONTRACT VALIDITY PERIOD

13.1. This Agreement shall enter into force from the date of placing the Order by the Buyer or registration in the online store at https://candles.lviv.ua/ and shall remain in force until the Parties have fully performed their obligations under the Agreement.
13.2. This Agreement shall be considered extended each time for the period of execution of each Order if the Buyer continues to use the Online Store https://candles.lviv.ua/ and place an Order for the Goods.

14. PROCEDURE FOR TERMINATION OF THE AGREEMENT AND DISPUTE RESOLUTION

14.1 The Buyer shall have the right to terminate this Agreement by sending a written notice to the Seller by means of postal communication or by e-mail to [email protected] within 14 (fourteen) calendar days from the date of receipt of the Goods.
14.2. The termination of the Agreement shall also be deemed to be the return of the Goods to the Seller's postal address or to the premises of the Lviv Candle Manufactory store at the address: Lviv, 1 Muzeiana Square.
14.3. The Buyer shall have the right to terminate the Agreement provided that the Goods are preserved in an unaltered state, i.e. in case of non-use of the Goods, preservation of packaging, presentation, labels, accompanying documents and payment document for the Goods.
14.4. The Seller shall refund the funds paid for the Goods no later than on the 30th (thirtieth) calendar day from the date of receipt of the notice of termination of the Agreement. The Seller shall pay a penalty in the amount of 1% (one percent) of the value of the Goods for each day of delay in the return of funds.
14.5. In the event of termination of the Agreement, the Buyer shall return the Goods to the Seller's postal address or to the premises of the Lviv Candle Manufactory store at the address: Lviv, 1 Muzeiana Square. The obligation to return the Goods arises from the moment the Buyer receives the funds paid for the Goods. The costs associated with the return of the Goods shall be paid by the Seller.
14.6. The Buyer's obligation to store the Goods shall be terminated upon expiration of 60 (sixty) calendar days from the date of receipt of the Goods. Taking measures for the return of the Goods by the Seller is considered to be sending a notice demanding the return of the Goods to the Buyer's postal or e-mail address and/or refund of the funds paid for the Goods.
14.7. All disputes and disagreements arising out of or related to the performance by the Parties of their obligations under this Agreement shall be resolved through negotiations.
14.8. If it is impossible to resolve disputes and eliminate disagreements through negotiations, the Parties shall have the right to apply to the judicial authorities of Ukraine for protection of their rights and legitimate interests.

15. PROTECTION OF PERSONAL DATA

15.1. When placing an Order or registering on the Website, the Buyer provides the following personal information: surname, name, patronymic, telephone number, e-mail address, password for access to the Online Store.
15.2. By providing his/her personal data to the Seller, the Buyer agrees to their processing by the Seller, including for marketing purposes, as well as the transfer of personal data to third parties engaged by the Seller to fulfil its obligations to the Buyer under this Agreement.
15.3. The Buyer agrees to the Seller's processing of personal data by accepting the terms of this Agreement.
15.4. The Seller processes personal data on the basis of the consent provided by the Buyer, in the manner and for the purpose established by the Privacy Policy posted on the website of the Online Store.
15.5. The Seller has the right to store the Buyer's personal data during the term of this Agreement, as well as during the term established by the Privacy Policy.
15.6. The Seller has the right to send information, including advertising messages, to the Buyer's e-mail and/or contact number with the Buyer's consent.
15.7. The Buyer has the right at any time to refuse to receive information, including advertising messages. Service messages containing information about the Order and the stages of its processing may not be rejected by the Buyer.
15.8. The Seller has the right to use the Cookies technology in accordance with the Cookies Policy posted on the website of the Online Store.
15.9. The Seller is not responsible for the information posted by the Buyer on the website of the online store in a publicly accessible form.

16. OTHER TERMS OF THE AGREEMENT

16.1. The Online Store website and related services may be temporarily, partially or completely unavailable for use by the Buyer due to technical reasons, including preventive maintenance of the website. The Seller has the right, with the help of the technical service, to carry out preventive or other work necessary to ensure the normal functioning of the Online Store website with or without notifying potential buyers.
16.2. In the part not regulated by this Agreement, the provisions of the current legislation of Ukraine shall apply to the obligations arising between the Seller and the Buyer.
16.3. The moment the Seller fulfils its obligations to transfer the Goods and the Buyer acquires ownership of the Goods is the moment the Goods are delivered to the Buyer or the carrier service.

17. SELLER'S DETAILS

Volodymyr Bohdanovych Myskovych
Taxpayer registration number 2786519831
Bank account UA063052990000026000011020072 a JSC CB Privatbank
Registered address: 79066, Ukraine, Lviv region, Lviv, Kolomyiska street,
building 15, apartment 52
Contact phone number: +38 (050) 430 90 29
Email address: [email protected]