Public Offer Contract

1 General Provisions.

1.1 This Offer is a public offer https://novohim.com.ua/, hereinafter in the text – Seller, to conclude a contract of sale, hereinafter in the text – Contract, by remote method, namely through the official online shop of the Seller, hereinafter in the text – Site, on the terms of this Offer.
1.2 In accordance with Article 663 of the Civil Code of Ukraine, the terms of this Agreement are the same for all Buyers, regardless of their status (individuals, individuals – entrepreneurs and legal entities) without providing advantages.
1.3 The Agreement shall be deemed concluded from the moment the Buyer clicks the ‘Confirm Order’ button on the order placement page on the Website and receives the order confirmation from the Seller.
1.4 The Contract shall also be deemed to have been concluded upon payment of the Seller’s invoice in any manner convenient to the Buyer.

2 Definition of Terms.

2.1 Goods – the object of the parties’ agreement, which was selected on the Site and placed in the Shopping Cart section or already bought and paid for on the Site by remote method.
2.2 Online shop – the Seller’s Website at https://novohim.com.ua/, in accordance with the Law of Ukraine ‘on electronic commerce’, a means for the presentation or realisation of goods, work or services by means of electronic transaction.
2.3 Seller – LLC ‘Company ’Novohim”, a legal entity – the owner of the goods, which are presented on the Site and acts in accordance with the current legislation of Ukraine.
2.4 Buyer – a natural person over 18 years of age, a natural person-entrepreneur or a legal entity, who places an order for the purchase of Goods, which are presented on the Seller’s Website.

3. Subject of the Contract.

3.1 The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms and conditions of this Agreement.
3.2 The moment of conclusion of the Offer (Acceptance) and unconditional acceptance of the terms of this Agreement is the fact of filling in the order form on the Website or payment of the invoice by the Buyer and means his full consent to the terms of payment and delivery of the Goods.
3.3 By concluding the Agreement, i.e. by agreeing to the terms and conditions of this Offer by placing an order or paying an invoice, the Buyer confirms the following:
– The Buyer is fully and completely familiarised with and agrees to the terms and conditions of the Public Offer.
– The Buyer authorises the collection, processing and transfer of personal data, which is valid for the entire term of the Contract, as well as for an unlimited period after its termination.
3.4 The Buyer shall provide the Supplier with copies of documents confirming the authority of the person signing the Contract on behalf of the Buyer.

4 Order placement.

4.1 The Buyer has the right to place an order for any Goods on the Website of the Online Store by writing to the e-mail address or calling the phone number specified in the Contacts section of the Website and available.
4.2 Each item of the Goods can be ordered in any quantity, in accordance with the fills indicated on the site.
4.3 When placing an order, the Buyer undertakes to provide such information truthfully:
– Name and quantity of the goods (to be specified in the Basket when ordering Goods on the Site)
– Surname and first name
– Phone number
– Email address
– Delivery address

4.4 The Seller has the right to refuse to place an order to the Buyer if there are reasons to believe that the data in clause 4.3 are not true or are incomplete.
4.5 If the Goods are unavailable, the Seller undertakes to inform the Buyer of this by any convenient means (telephone, e-mail).
4.6 The absence of the Goods gives the Buyer the right to replace the Goods, refuse or cancel the order.
4.7 The Seller reserves the right to refuse service to the Buyer in case of providing false data, violation of the terms and conditions of this Agreement or committing actions that damage the reputation, business practices or technical infrastructure of the Seller.

5. Order of prices, payment and delivery of the Goods.

5.1 Prices for the Goods are set independently by the Buyer and may be changed unilaterally depending on market changes.
5.2 The price of the Goods, which is indicated on the Seller’s Website, does not include the cost of delivery of the Goods to the Buyer. The Buyer shall pay for the delivery of the Goods himself upon receipt of the Goods in accordance with the tariffs of the transport company (carrier).
5.3 Settlements for the Goods between the Seller and the Buyer are made on the terms of 100% prepayment to the settlement account of the Seller, by the methods provided on the Website of the Online Store in the Payment section, unless otherwise provided.
5.4 Delivery of the Goods is carried out within 3-7 working days after receipt of funds to the Seller’s current account.

5.5 When transporting the paid goods by a delivery service (transport company), the goods shall be stored free of charge for the period set by the freight forwarder. After that they shall be automatically returned to the Seller. In this case, the Buyer is obliged to pay for the carriage both ways. In case of disagreement, the Buyer shall provide this information to the Seller prior to dispatch of the Goods.
5.6 Title, risk of accidental loss or damage to the Goods shall pass from the Seller to the Buyer at the moment when the Goods are handed over by the Seller to the Seller’s representative, when the goods are collected independently or when the Goods are handed over to the transport carrier for delivery to the Buyer
5.7 In case of technical or system errors, including incorrect display of the price or availability of the Goods, the Seller reserves the right to cancel the order placed by the Buyer with subsequent notification of the latter.
5.8 In case of delivery of the Goods through a logistics company (in particular Nova Posta), the confirmation of receipt of the Goods shall be deemed to be the fixation of the fact of delivery of the goods in the carrier’s system (delivery information, electronic signature, photo or video fixation). Such information shall be recognised by the Parties as proper proof of delivery and receipt of the Goods by the Buyer.
5.9 Return of the Products is possible only upon prior written agreement of the Parties. The Buyer shall deliver the Products at its own expense to the Supplier’s address and provide a signed return delivery note. Risks of loss, damage or destruction of the Products upon return shall be borne by the Buyer.

6. Rights and obligations of the parties

6.1 The Seller undertakes to transfer the Goods to the Buyer in accordance with the terms and conditions of this Agreement.
6.2 The Seller has the right to change the terms and conditions of this Agreement, as well as the prices for the Goods unilaterally by posting them on the Website of the Online Store at https://novohim.com.ua/.
6.3 The Buyer undertakes to familiarise himself with the price and packaging of the Goods, delivery terms and other terms and conditions of this Agreement prior to its conclusion.
6.4 Within 3 (three) working days after receipt of the Goods, the Buyer shall provide signed copies of the delivery note or sign it electronically via the electronic document management system. In case of failure to provide the signed document or a motivated written refusal within the specified period of time – the Goods shall be deemed accepted properly, without comments and in full.

6.5 The Parties have agreed that all official communications shall be sent by registered mail, by e-mail to the addresses specified in the Contract or via the electronic document management service ‘M.E.Doc’. The message shall be deemed received on the next working day after sending.
6.6 Electronic documents shall be deemed to be signed and become valid if they have been signed by the Contracting Party and sent to the Contracting Party by KEP, but if within 7 (seven) business days the Contracting Party has not signed such documents and has not sent a motivated refusal to sign electronic documents to the Contracting Party, they shall be deemed to have become valid. Motivated refusal to sign electronic documents may be enforced through the mechanism of withdrawal of an electronic document with the obligatory provision of comments on the reasons for the withdrawal. If the electronic document is not signed but the Buyer has accepted the Products, the document shall be deemed signed at the moment of receipt of the Products.

7. Liability of the parties

7. 1 The Seller shall not be liable for damage caused to the Buyer or third parties in the process of improper use, storage or transport of the Goods purchased from the Seller.
7.2 The Parties shall be liable for failure to fulfil or improper fulfilment of the terms and conditions of this Agreement in accordance with the procedure stipulated by this Agreement and the current legislation of Ukraine.
7.3 The Parties are released from responsibility for full or partial failure to fulfil their obligations in case of force majeure circumstances (force majeure). Such circumstances shall mean: military actions or war, earthquakes, floods, fire or other natural disasters, which occurred regardless of the will of the Seller and/or the Buyer after signing this Agreement.

7.4 The Seller shall not be liable for the actions of third parties, including but not limited to the actions of payment systems, delivery services or hosting providers, which may affect the performance of this Agreement.
7.5 In the event of a dispute, the fact of delivery and receipt of the Goods shall be confirmed by the logistics company’s delivery data, which shall be legally binding and shall not require further confirmation.
7.6 Claims regarding the quantity, assortment or quality of the Goods must be submitted to the Seller in writing no later than 5 (five) working days after receipt of the Goods. Upon expiry of the said period, the Goods shall be deemed to have been duly accepted without any comments.

8. Оther terms and conditions.

8.1 All disputes and disagreements arising in the course of fulfilment of obligations under this Agreement by the Parties shall be settled by negotiations. In case of impossibility to settle disputes through negotiations, the parties have the right to apply for a decision to judicial authorities in accordance with the current legislation of Ukraine.
8.2 The Seller has the right to amend this Agreement unilaterally in accordance with clause 6. 6.2 of the Agreement. In addition, amendments to the Contract may be made by the parties by mutual agreement and in accordance with the current legislation of Ukraine.

9. LEGAL ADDRESSES, POSTAL AND PAYMENT DETAILS, SIGNATURES OF THE PARTIES

SELLER
Novohim Company LLC
61017, 37 Kokchetavskaya str., Kharkiv
UA343052990000026006045911913
in CB “Privatbank”, GRU, Kharkiv,
EDRPOU 32132936
TIN 321329320338 svo 100153756
Director ________________ Sergey PAPKO