Public Offer Agreement

General Provisions

1.1. This offer is an official proposal by Sole Proprietor Kulik Liudmyla, registered at the address: Lutsk, Suputnyka St., building 4a, apt. 37, hereinafter referred to as the “Seller”, whose physical address is Lutsk, Mamsurova St. 10B, to conclude a Purchase and Sale Agreement for goods remotely, i.e., through the online store, hereinafter referred to as the “Agreement”, and publishes this Public Offer (proposal) on the official website of the Seller “https://kulikwood.com/” (hereinafter – the “Website”).

1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s proposal (acceptance) to conclude an electronic purchase and sale agreement for goods is considered to be the fact of payment by the Buyer for the order on the terms of this Agreement, within the timeframes and at the prices indicated on the Seller’s Website.

Definitions and Terms

2.1. In this offer, unless the context requires otherwise, the following terms shall have the following meanings:

• “Goods” — models, accessories, components, and related items;

• “Online Store” — a means of submitting or selling goods, works, or services via an electronic agreement, in accordance with the Law of Ukraine “On Electronic Commerce”;

• “Seller” — the company selling the goods presented on the Website;

• “Buyer” — an individual who has entered into the Agreement with the Seller under the terms set forth below;

• “Order” — the selection of individual items from the list of goods specified by the Buyer when placing the order and making payment.

Subject of the Agreement

3.1. The Seller undertakes to transfer the Goods to the Buyer’s ownership, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.

This Agreement regulates the purchase and sale of goods in the Online Store, including:

• voluntary selection of goods by the Buyer in the Online Store;

• independent placement of an order by the Buyer in the Online Store;

• payment by the Buyer for the order placed in the Online Store;

• processing and delivery of the order to the Buyer’s ownership under the terms of this Agreement.

Order Placement Procedure

4.1. The Buyer has the right to place an order for any goods available on the Website.

4.2. Each item may be included in the order in any quantity, but not exceeding the available stock.

4.3. If the item is out of stock, the Company’s Manager is obliged to inform the Buyer (by phone or email).

4.4. If the item is out of stock, the Buyer has the right to replace it with an equivalent model, refuse the item, or cancel the order.

Order Payment Procedure

5.1. Cash on Delivery

5.1.1. Payment is made upon receiving the goods at the transport company’s warehouse or from the hands of the courier in cash (in UAH).

5.2. Prepayment

5.2.1. Payment is made in advance by debiting the Buyer’s card account via the LiqPay payment service in UAH.

5.3. If the payment is not received, the Online Store reserves the right to cancel the order.

Order Delivery Terms

6.1. Delivery of goods purchased in the Online Store is made to transport company warehouses, where orders are handed over, or by courier delivery to the address specified when placing the order.

6.2. Together with the order, the Buyer is provided with documents in accordance with Ukrainian legislation.

Rights and Obligations of the Parties

7.1. The Seller has the right:

• to unilaterally terminate the provision of services under this Agreement if the Buyer violates the terms of this Agreement.

7.2. The Buyer is obligated to:

• timely pay for and accept the order under the terms of this Agreement.

7.3. The Buyer has the right to:

• place an order in the Online Store;

• conclude an electronic agreement;

• demand that the Seller fulfill the terms of this Agreement.

Liability of the Parties

8.1. The Parties are liable for failure to fulfill or improper fulfillment of the terms of this Agreement as provided in this Agreement and in accordance with current Ukrainian legislation.

8.2. The Seller is not liable for:
• changes in the external appearance of the Goods made by the manufacturer;
• minor discrepancies in the color of the goods, which may differ from the original due to different color renditions on computer monitors of individual models;
• the content and accuracy of the information provided by the Buyer when placing the order;
• delays and interruptions in the provision of services (order processing and delivery of goods) caused by reasons beyond its control;
• illegal actions by the Buyer carried out via access to the Internet;
• the Buyer’s transmission of network identifiers (IP, MAC address, login, and password) to third parties.

8.3. The Buyer, by using access to the Internet, is solely responsible for any harm caused by their actions (personally, even if another person was using their login) to individuals, their property, legal entities, the state, or principles of morality.

8.4. In the event of force majeure circumstances, the Parties are released from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure refers to extraordinary, unforeseen events that prevent or objectively hinder the fulfillment of this Agreement, the occurrence of which the Parties could not have foreseen or prevented by reasonable means.

8.5. The Parties shall make every effort to resolve any disagreements exclusively through negotiations.

Other Terms

9.1. The Online Store reserves the right to make changes to this Agreement unilaterally, provided that they are published on the website https://kulikwood.com/

9.2. The Online Store is created for organizing the remote sale of goods via the Internet.

9.3. The Buyer is responsible for the accuracy of the information provided when placing the order. At the time of acceptance (placing the order and making payment for the goods), the Buyer gives the Seller their unconditional consent to collect, process, store, and use their personal data, in accordance with the Law of Ukraine “On Protection of Personal Data”.

9.4. Payment by the Buyer for an order placed in the Online Store means the Buyer’s full agreement with the terms of the purchase and sale agreement (public offer).

9.5. The actual date of the electronic agreement between the Parties is the date of acceptance of the terms, according to Article 11 of the Law of Ukraine “On Electronic Commerce.”

9.6. The use of the Online Store resource for previewing goods or placing orders is free of charge for the Buyer.

9.7. The information provided by the Buyer is confidential. The Online Store uses the information about the Buyer exclusively for order processing, sending notifications to the Buyer, delivering the goods, making financial settlements, etc.

Return Procedure for Goods of Proper Quality

10.1. The return of goods to the Online Store is carried out in accordance with current Ukrainian legislation.

10.2. The return of goods to the Online Store is at the Buyer’s expense.

10.3. When the Buyer returns goods of proper quality, the Online Store refunds the amount paid for the goods upon the return of the goods, minus the compensation for the delivery costs incurred by the Online Store.

Term of the Agreement

11.1. The electronic agreement is considered concluded from the moment the person who made the proposal receives a response accepting this proposal, in accordance with Part 6 of Article 11 of the Law of Ukraine “On Electronic Commerce.”

11.2. This Agreement may be terminated by mutual consent of the Parties before the actual delivery of the goods, by returning the money.

11.3. The Parties have the right to terminate this Agreement unilaterally in the event of non-fulfillment of the terms of this Agreement by one of the Parties and in cases provided for by current Ukrainian legislation.