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Preamble

This Public Offer Agreement is an official offer of the Individual Entrepreneur _______________, EDRPOU code ____________, (hereinafter referred to as the Seller) to an unlimited number of persons to conclude a contract for the sale of Goods remotely with the Seller on the terms provided for by this offer by creating an order in the online store at https://www.samadhi.com.ua/.

DEFINITION OF TERMS

Public Offer Agreement means a public agreement, the terms of which, in accordance with Articles 633, 641 of the Civil Code of Ukraine, are the same for all Buyers, the unconditional acceptance of the terms of which by the Buyer (payment for the Goods in accordance with Part 2 of Article 642 of the Civil Code of Ukraine) shall be deemed acceptance of this Agreement between the Seller and the Buyer.

Offer means the Seller’s offer to enter into this Public Offer Agreement on the terms and conditions set forth in this Agreement, addressed to an unlimited number of persons.

Acceptance – acceptance by the person of the offer to conclude the Agreement (by clicking on the “Place an order” / “Buy” link, or by placing an order through the operator, manager of the online store).

Online Store means the corresponding software and functional complex located on the Seller’s official Website at https://www.samadhi.com.ua/, which allows you to familiarize yourself with the Goods, their appearance, characteristics, price, payment terms, etc., place an appropriate order, etc.

A website is a set of web pages that are united both in content and navigation under a single domain name at https://www.samadhi.com.ua/.

Order – a duly executed and placed request of the Buyer (the relevant fields on the website in the “Ordering” section are filled in) addressed to the Seller with a proposal to sell the list of Goods selected on the Website, indicating its quantity.

Order Confirmation – the Seller’s notification of receipt of the order from the Buyer and acceptance of such order for execution by the Seller.

User – an individual who has reached the age of eighteen, has full legal capacity, uses this Site and/or its individual tools, has agreed to the terms of the Public Offer, the Privacy Policy and has fulfilled all its conditions described below.

The Recipient is the person specified by the Payer in the “Ordering” section as the person authorized to receive the goods. Unless otherwise specified in the “Ordering” section, the Recipient is the Payer.

The Payer is the person who pays for the Buyer’s order, unless otherwise specified in the section “Ordering”, the Payer is the Buyer.

Buyer – a registered or unregistered User who places an order and intends to purchase the Goods, or purchases the Goods offered for sale by the Seller and presented on the Website.

The Seller is an individual entrepreneur _______________, EDRPOU code __________, who is the right holder of the Website and who places information on it with a proposal to purchase certain Goods.

Offer – information about the Goods posted by the Seller on the Website, which includes information about the Goods, their price, payment and delivery methods, information about discounts and promotional offers for the Goods, as well as other conditions for the purchase of the Goods. The terms of the Offers posted on the Website are set by the Seller. The Offer is information about the possible terms of purchase of the Goods.

Goods – clothing, accessories, components and accompanying items offered for sale by the Seller, posted on the Site, for which the price, name, description, characteristics and availability status are indicated.

Content – images, photos, videos, texts, designs posted on the Website.

1. General provisions

1.1. This Public Offer Agreement is a public Agreement in accordance with Articles 633, 641 of the Civil Code of Ukraine, the terms of which are established the same for all Buyers and are addressed to an indefinite number of persons regardless of status (individual, legal entity, individual entrepreneur) who wish to purchase the Goods, information about which is contained on the Site, includingIt also regulates the procedure for the User’s access to the information posted on the Website, the procedure for using the Website, as well as the possibility of transferring the Goods and other conditions.

1.2. The Website is a platform for placing offers for the sale of Goods by the Seller. Information about the Goods is displayed on the Website and is dynamic. This means that the Seller may at any time, without prior notice to the User, make changes to this Agreement, materials and information contained in the Online Store. The specified changes come into force after their publication on the Website and apply to any order placed after their publication.

1.3. The fact that the Buyer has placed an order (by clicking on the “Place an order” link, or by placing an order through the operator, manager of the online store) in accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, is considered acceptance of this Agreement by the Buyer, his agreement with the terms of the Agreement and confirmation that he fully assumes the obligations arising from the use of the Site and the conclusion of this Agreement, including the Buyer’s consent to the Seller’s sending him SMS messages, e-mails about the status of his order and surveys. All of the above actions to be performed by the Seller shall not contradict the terms of this Agreement.

1.4. The Agreement concluded on the basis of the Buyer’s acceptance of this offer is the Adhesion Agreement, to which the Buyer joins without any exceptions and/or reservations.

1.5. Any information about the Goods contained on the Site is for informational purposes only and cannot be taken as fully conveying all the properties and characteristics of the Goods. In case the Buyer has any questions regarding the properties and characteristics of the Goods, before ordering the Goods, he/she should contact the operator, the manager of the Online Store or send a request to ________________.

1.6. Sufficient evidence of acceptance of the offer by the Buyer (i.e., the Parties’ agreement on all essential terms of sale of the Goods) is the actual payment for it, receipt of the goods by the Buyer\Recipient.

1.7. The owner of intellectual property rights to distribute the Content presented on the Website is the Seller.

2. Registration on the Site and the procedure for placing an Order

2.1. To be able to make a purchase on the Website, the User must register. To do this, he/she must click the “Registration” button and fill in the registration form. The Seller reserves the right to reject any registration application and/or terminate anyone’s registration on the Site.

2.2. The User may also place an Order for goods without the appropriate registration, but the mandatory fields in the “Ordering” form must be correctly filled in.

2.3. When registering on the Site or filling out the registration form when ordering the Goods, the User undertakes to provide the information marked as mandatory in full. The User is responsible for the accuracy, correctness and truthfulness of both mandatory and other information provided. In case of any inaccuracy, incorrectness or untruthfulness of the information provided by the Registered User, the Seller reserves the right to cancel the User’s registration at any time without any compensation or reimbursement.

2.4. By entering information into the registration form of the Website, as well as placing an Order, the Buyer confirms that he is familiar with the terms of this Agreement, and all actions to be taken by him will not contradict the terms of this Agreement.

2.5. The Order shall be deemed accepted for execution, and the Agreement between the Buyer and the Seller shall be deemed concluded, after the Buyer receives confirmation of the fact of approval and acceptance of the Order by the Seller by making a telephone call to the mobile phone number specified during the registration by the Buyer. Also, confirmation and approval of the order can be made via the e-mail specified by the Buyer when registering on the Site or through the Buyer’s available messenger (Viber, Telegram, WhatsApp).

2.6. The Seller has the right to reject the Order in case of actual absence of the Goods in the warehouse, by sending an e-mail or making a phone call to the Buyer, or by notifying the Buyer by messenger (Viber, Telegram, WhatsApp). In this case, the rights and obligations of the Parties related to the sale, delivery and transfer of the ordered Goods to the Buyer and payment to the Seller provided for in this Agreement shall be terminated, and the cost of the Goods, if paid for, shall be returned to the Buyer, unless the Parties agree otherwise.

2.7. In the event that the Seller is unable to confirm the Order, due to the Buyer’s incorrect e-mail address or telephone number, the Seller has the right to cancel such an unconfirmed Order.

3. Cost and terms of payment for the Goods

3.1. The price of the Goods indicated on the Website in the relevant section at the time of placing the Order does not include the cost of delivery.

3.2. The Seller has the right to unilaterally change the price of the Goods without notice. However, the Seller shall not be entitled to change the price of the ordered Goods after the Order has been accepted by the Seller, and the Buyer has received a phone call or e-mail confirming the Order, or the Buyer has made payment for the Goods.

3.3. The cost of the Goods shall be paid in the national currency of Ukraine – hryvnia.

3.4. The Buyer may pay for the ordered Goods:

-by Visa or MasterCard on the Website at the time of placing the Order;

-by transferring funds immediately before sending the Goods to the Seller’s bank account;

-in cash upon receipt of the order by the carrier.

Attention: The Buyer pays the fee for sending funds using the services of the carrier company Nova Poshta. The cost of transferring funds by cash on delivery is 20 UAH + 2% of the amount (the amount of the fee is set by the tariffs of Nova Poshta). When paying for an order with a Visa or MasterCard on the Site immediately after placing an order through the payment system, payment is made directly on the Site page and is protected by security certificates. You pay only the cost of the Goods, no commission is charged when paying online.

3.5. The Goods must be fully paid for by the Buyer before they are received by the Buyer.

3.6. In case of cancellation of the Order or return of the Goods, the funds shall be returned to the Buyer.

3.7. When returning the Goods, the funds shall be returned to the Buyer only after receiving the Goods of proper quality and processing by the Seller of a duly completed return application.

3.8. Refunds can be made to the bank card used to pay for the order, or if the payment was made by bank details, to the bank card specified in the order.

3.9. The refund period is up to 20 business days after the Seller receives a duly completed refund application.

4. Procedure for the transfer of goods

4.1. Delivery of the Goods is carried out throughout the territory of Ukraine, except for the temporarily occupied territories.

4.2. Delivery of the ordered Goods is carried out within the period specified by the relevant carrier, depends on the delivery method and is counted from the date of completion.

4.3. When placing an Order, the Buyer has the opportunity to choose the delivery method, namely:

-Courier delivery (delivery by courier to the address specified by the Buyer);

-receipt of the Goods at the selected delivery service branch (the delivery service branch can be selected from the list indicated on the Site).

4.4. The cost of delivery of the Goods shall be calculated at the rates of the companies that directly deliver the Goods. All the necessary information regarding the delivery of the Goods shall be indicated by the Buyer when placing the Order in the “Ordering” section on the Website.

4.5. The Seller makes every effort to comply with the delivery times specified on the Site, however, delivery delays are possible due to unforeseen circumstances beyond the Seller’s control (force majeure circumstances). The Seller informs the Buyer in case of force majeure and agrees on new delivery terms by e-mail or by telephone.

4.6. The moment of receipt of the Goods by the Buyer is the signing by the Recipient\Buyer of a document confirming the fact of acceptance of the Goods ordered by him/her (consignment note, acceptance certificate, shipping declaration, etc.) or the actual receipt of the Goods by the Recipient\Buyer and the performance of actions indicating acceptance of the Goods. In order to issue the Goods to the Recipient, the latter must present an identity document (passport) upon receipt of the Goods.

4.7. Before the Seller sends the Goods, they are checked and insured at full value. Upon receipt of the Goods, the Buyer undertakes to check the Goods for mechanical damage, and in case of discrepancies on the spot, to file a claim with the delivery service, otherwise, claims for mechanical damage to the Goods shall not be considered by the Seller. The Seller shall not be liable for the actions of the companies providing delivery of the Goods to the Buyers.

4.8. The Buyer has the right to appoint a third party as the Recipient of the purchased Goods. In this case, the Buyer is obliged to indicate in the Order form the data necessary to identify the Recipient and deliver the Goods to him. In this case, the relations between the parties are subject to the provisions of Art. 636 of the Civil Code of Ukraine.

5. Return of the Goods of good quality

5.1. The Buyer has the right to exchange the Goods of good quality for a similar one from the Seller from whom it was purchased if the Goods do not satisfy him in terms of shape, size, style, color, size or for other reasons cannot be used for their intended purpose under the following conditions:

• The goods for exchange are provided to the Seller within no more than 14 (fourteen) days, not counting the day of purchase;
• A product can be replaced if it has never been in use, does not contain any traces of use, and if its presentation, consumer properties, seals, labels, films, and the integrity of the packaging of both the product and its components are preserved;
• The item is free of scratches, chips, scuffs, and is in perfect working order;
• the full completeness of the Goods sold is preserved;
• The Goods may be replaced upon presentation by the Buyer of the payment document issued to the Buyer together with the sold Goods.

5.2. The requirements of clause 5.1. do not apply to the Goods that, in accordance with Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated 19.03.94 No. 172 “On Implementation of Certain Provisions of the Law of Ukraine “On Protection of Consumer Rights”, are included in the List of Goods of Good Quality that are not subject to exchange (return).

5.3. If the Goods do not meet the conditions specified in clause 5.1, the Seller has the right to refuse to exchange the Goods.

5.4. Transportation costs for the delivery of the Goods during the exchange under clause. 5.1. are assigned to the Buyer.

5.5. If at the time of the exchange a similar Product is not on sale, the Buyer has the right to either purchase any other products from the available assortment with the corresponding transfer of the cost, or terminate the agreement and receive a refund in the amount of the cost of the returned Product, or exchange the Product for a similar one at the first receipt of the relevant Product for sale.

5.6. Refunds are made upon receipt and inspection of the Goods within 7 (seven) business days.

5.7. In case of detection of contamination or damage after receiving the Goods, the Buyer may be refused a refund.

6. Return of the Goods of inadequate quality

6.1. Goods of inadequate quality (after use or with damaged labels) ordered on the Website are not subject to exchange and return.

6.2. Upon receipt of the Goods of inadequate quality (manufacturing defect), the Buyer has the right to:

– returning the Goods to the Seller and refunding the cost of such Goods;

– replacement of defective Goods with Goods of proper quality.

6.3. The detected defect of the received Goods shall be confirmed by the relevant photographs, which, together with the following information, shall be sent to the Seller’s e-mail address __________________:

– Name of the Buyer/Recipient and contact details (phone number, e-mail);

– order number and date;

– the cost of the order.

6.4. The Buyer’s claims for a refund for defective Goods must be submitted by sending a written application to the above e-mail address.

6.5. A claim regarding the quality of the received Goods received by e-mail shall be considered by the Seller within 3 (three) business days from the date of its receipt. If the claim is recognized, the Seller shall send the Buyer (via SMS or e-mail specified in the claim) the details necessary for the return of the Goods.

The Buyer’s claims shall be considered by the Seller only upon submission of a payment document confirming the purchase of the Goods from the Seller and the Goods in respect of which there are claims.

6.6. The Seller has the right not to consider the Buyer’s application (claim) regarding the defective Goods sent without providing the above documents or in violation of the procedure for returning the defective Goods until the defects are eliminated. If the Buyer fails to send the specified documents within 7 (seven) days from the date of receipt by the Seller of the relevant defective Goods, the Seller’s obligations to satisfy the Buyer’s claim shall be terminated, and the Seller shall have the right to dispose of the Goods at its sole discretion. The Seller shall not be obliged to return the Goods for which the application is not properly executed and the proper documents are not provided.

The Seller shall have the right to refuse to receive the defective Goods if the Buyer has committed a violation when sending the claim and the defective Goods (incorrect return details provided by the Seller), which may result in additional financial costs on the part of the Seller.

6.7. Upon receipt of the Goods, the Buyer undertakes to inspect them for mechanical damage. The fact of mechanical damage must be recorded at the time of receipt of the Goods, otherwise claims for mechanical damage to the Goods shall not be considered by the Seller.

7. Access to the Website

7.1. The Seller shall make every effort to ensure the proper functioning of the Website, but shall not be liable for non-fulfillment or improper fulfillment of the obligations under this Agreement, as well as for any damage caused in this regard:

-Unlawful actions of third parties;

malfunctions of the Website caused by errors in the code, computer viruses and other third-party code fragments in the Website software;

-the absence of Internet connections between the User’s device and the Website server, as well as between the Website server and the Internet;

-provision of operational measures by state authorities and other duly authorized organizations that affect the operation of the Website;

-performing updates of the Website software;

-According to the applicable and effective decision of the authorized state authorities.

8. Responsibility of the Parties

8.1. The Buyer\User of the Website agrees and warrants not to take any actions that may be considered a violation of Ukrainian legislation or international law, including in the field of intellectual property, copyright, as well as any actions that lead or may lead to a violation of the normal functioning of the Website and its services.

8.2. By accepting the terms of the Agreement, the User/Buyer confirms that he/she has read and agrees to the terms of this Agreement.

8.3. Comments and other entries of the User/Buyer on the Website shall not contradict the requirements of the legislation of Ukraine and generally accepted norms of morality and ethics.

8.4. The User/Buyer is responsible for the accuracy of the data specified in the registration form and the Order form. In case the incorrect, inaccurate and/or incorrect indication of data in the Order has led to additional costs of the Seller related to the delivery of the Goods to the incorrectly specified address or the delivery of the Goods to the incorrectly specified Recipient, all related losses and expenses shall be borne by the User/Buyer. The Seller has the right to deduct the amount of such losses or expenses from the amounts paid by the Buyer as payment for the Goods.

8.5. The responsibility for money transfers made by the Payer lies entirely with the banking institutions and payment systems used by the Payer. The Seller does not assume any responsibility for their actions.

8.6. The seller is not responsible for the work of Internet providers, payment systems, telecommunication operators, banking institutions, Visa, MasterCard payment services, as a result of which the necessary information, data was not received or received late, was lost or damaged.

8.7. The Seller is not responsible for the performance of the equipment on which the Website is hosted, the availability of the Website, the operation of data transmission channels and other technical means for Users to access the Website.

8.8. The Seller’s liability may not exceed the cost of the purchased Goods on the Website and does not include any lost profits, indirect losses, damage caused to third parties.

8.9. The Seller is not responsible for the actions of the companies providing delivery of the Goods to the Recipient/Buyer, including delivery times, as well as for the integrity of the Goods during transportation by delivery services.

8.10. The User/Buyer is prohibited from offering or using the information posted on the Website (including the Content), as well as in any other way distributing the received Content or copies thereof.

9. Dispute Resolution and Applicable Law

9.1. This Agreement is made in accordance with the laws of Ukraine. The User/Buyer located outside of this jurisdiction fully agrees to subject the legal relations arising from any use of the Website to the laws of Ukraine.

9.2. The Parties confirm that if any term of this Agreement becomes or is declared invalid due to non-compliance with the legislation of Ukraine, this term will not be taken into account, and the Seller will take measures to amend the Agreement to the extent necessary to make it valid and preserve the intentions of the Parties in full.

9.3. The User/Buyer acknowledges and agrees that all possible disputes arising from the relations between the Parties, which the Parties failed to resolve through negotiations within 30 (thirty) days, shall be resolved in accordance with the current legislation of Ukraine.

10. Use of the User’s personal data

10.1. The Buyer and/or the Buyer’s authorized persons consent to the Seller’s processing of their personal data specified by them in the registration form (full name, mobile phone number, e-mail, postal address, etc.). The User’s personal data is confidential information, the collection and further processing of personal data is carried out by the Seller in accordance with the Law of Ukraine “On Personal Data Protection” and other regulatory legal acts of Ukraine. The source of personal data collection is information directly and voluntarily provided by the User.

10.2. By its consent under this Agreement, the User voluntarily provides the Seller with the personal data specified in the registration form for registration in the information system as a User, as well as for the purpose of maintaining cooperation with the Seller. The User also agrees to use his/her personal data to process Orders for the purchase of the Goods, to receive advertising and special offers, information about promotions, drawings, and other information about the activities of the Seller.

10.3. The User grants the Seller the right to process his/her personal data, including: to record personal data in the Seller’s databases (without additional notification of the User about this), to carry out indefinite storage of data, their accumulation, updating, changing (if necessary).

10.4. 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”, as well as with the Privacy Policy posted on the Website.

10.5. In case of changes to their personal data, the User must provide the Seller with updated information by making changes to the relevant section on the Website. If the User fails to comply with this requirement, the Seller shall not be liable for the adverse consequences associated with the use of outdated data.

10.6. The Seller shall not accept the User’s registration data if it is filled in incorrectly.

10.7. The User grants the Seller the right to send any information of a commercial and/or informational nature, as well as information about other consumer offers by e-mail, phone, SMS, messenger to the mobile phone number or e-mail specified in the registration form.

10.8. The User’s data specified in the registration data is confidential. Only authorized persons of the Seller and the User have access to the data, and this data may be provided at the request of law enforcement and/or other authorities in accordance with applicable law.

10.9. The User shall be responsible for the inaccuracy of the data specified during registration on the Website.

11. Other conditions

11.1. All terms and conditions for the implementation/performance of certain actions/operations posted in the relevant sections of the Website are integral parts (as Appendices) of this Agreement, which determine the obligations for both Parties. If the terms and conditions set forth in the text of this Agreement and the terms and conditions set forth in its Appendices (sections of the Website) differ, the Parties shall be governed by the terms and conditions set forth in the Appendices. The sale of the Goods by the Seller to the Buyer is governed by this Agreement, as well as the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Consumer Protection” and other legislative acts of Ukraine.

11.2. The Seller has the right to make changes to the text of this Agreement and / or Appendices without prior notice. Changes to the Public Offer come into force after their publication and apply to any Order made after their publication.

11.3. The User undertakes to carefully read this Agreement. In case of disagreement with its terms, the User undertakes to immediately stop using the Website.

11.4. The Seller and the Buyer shall keep in touch by using e-mail and telephone. The Buyer agrees that all notifications, data or other information provided electronically are legally binding and are equivalent to documents drawn up in writing.

11.5. If the Buyer wishes to unsubscribe from the mailing of messages related to this Agreement\Site, he/she must contact the Support Service by calling or sending an e-mail to the e-mail address indicated on the Site with a request to unsubscribe. The request will be fulfilled within 3 (three) days from the date of its receipt.

11.6. The Seller reserves the right to block the Buyer (deprive him/her of the opportunity to order and purchase the Goods), to file appropriate applications with law enforcement agencies and transfer such Buyer’s data to them if any actions of the Buyer, in the opinion of the Seller, bear signs of fraud and may harm the interests of other Users/Buyers or third parties.

11.7. The invalidation by a court of any provision of the Agreement shall not invalidate other provisions of the Agreement.

Dear User of the Site https://www.samadhi.com.ua/, please note that the use of the Site in any form (including, but not limited to, placing your Orders for Goods using the Site, participating in promotions, filling out forms, etc.) means that you have read and agree to the terms of use of the Site, as well as your acceptance of this Public Offer. This Public Offer is binding on the parties. If you disagree with the terms of this Public Offer, you must refrain from using the Site.