PUBLIC OFFER AGREEMENT (USER AGREEMENT)

1. General Provisions

1.1. This Public Offer (User Agreement) (hereinafter – "Public Offer" or "Agreement") applies to the Seller's online store located on the online platform at [https://puff.com.ua ](https://puff.com.ua ); (hereinafter – "Website").

1.2. The Seller is a sole proprietor Kovalevska Mariia Andriivna, RNOKPP 3590204504, Ukraine, 25018, Kirovohrad region, city of Kropyvnytskyi, Kurinnyi Lane, building 46, acting on the basis of the Extract from the Unified State Register (USR).

1.3. This Public Offer contains the terms of a legally binding adhesion contract ("Agreement") between the Seller on one side, and any person using the Website for the purpose of browsing its content and/or placing orders (purchases), hereinafter referred to as the "User" or "Buyer", who accepts (accedes to) this Public Offer.

1.4. This Agreement and the product information constitute a public offer (in accordance with Article 633 of the Civil Code of Ukraine). By accessing the Website, the User is deemed to have joined this Agreement. The use of materials and services of the Website is governed by the applicable legislation of Ukraine.

1.5. The Website sections "User Agreement", "Payment and Delivery", "Exchange and Returns" are integral parts of this Public Offer, which extends to all additional terms and conditions of purchasing Goods and services provided on the Website.

1.6. This Agreement is concluded for an indefinite period and may be terminated by either Party unilaterally with prior notice to the other Party.

1.7. The Seller reserves the right to change, add, or remove provisions of this Agreement at any time without notifying the User. The User bears personal responsibility for reviewing this Agreement for any changes.

2. Definition of Terms

2.1. The following terms have the meanings set out below for the purposes of this Public Offer:

  • Website – a web page on the Internet at: [https://puff.com.ua](https://puff.com.ua), intended for browsing information about the online store, the Seller's products, and placing purchases (orders).
  • Goods – a product, service, subscription, or maintenance, and other tangible items presented by the Seller on the Website that the User may purchase.
  • Online store User (hereinafter – "User") – a person who has access to the Website via the Internet and uses the Website for the purpose of browsing its content and/or placing orders (purchases).
  • Website Content (hereinafter – "Content") – results of intellectual activity protected by law.

3. Subject Matter of the Agreement

3.1. The subject matter of this Agreement is to provide the User with the opportunity to purchase for personal use the Goods presented by the Seller on the Website. This Agreement is concluded at the moment an order is placed. The Buyer confirms their acceptance of the Agreement's terms by using the Website and placing orders, as well as by paying the issued invoice.

3.2. The Seller provides the User with the following types of services:

  • access to the search and navigation tools of the online store;
  • access to information about the Goods and how to purchase them;
  • other types of services implemented by the Seller on the Website.

3.3. This Agreement covers all existing (currently operational) services of the online store on the Website, as well as any modifications and additional services that may appear in the future.

4. Purchase of Goods.

4.1. Goods are presented on the Website through corresponding images and descriptions. Each product is accompanied by its price. Product descriptions are not exhaustive and may contain errors or inaccuracies.

4.2. Upon the Buyer's request, the Seller is obliged to provide any other information that the Buyer deems necessary and sufficient to make a purchasing decision.

4.3. The price of the goods listed on the Website may be changed by the Seller unilaterally.

4.4. Purchasing Goods offered on the Website may require the creation of a User account.

4.5. An order may be placed by the Buyer independently on the Website.

4.6. After an order is placed, a confirmation email is sent to the Buyer's email address, which constitutes an integral part of this Agreement.
 

5. Delivery of Goods and Services

5.1. Delivery methods and estimated timeframes are indicated on the Website in the "Payment and Delivery" section.

5.2. The Seller reserves the right, at their own discretion, to restrict delivery to temporarily occupied territories, as well as to territories where active hostilities are taking place.

6. Payment for Goods

6.1. Payment methods are indicated on the Website in the "Payment and Delivery" section.

6.2. In the event of an incorrectly stated price, the Seller informs the Buyer to either confirm the order at the corrected price or cancel the order.

6.3. The price of goods on the Website may be changed by the Seller unilaterally. However, the price of a Good already ordered by the Buyer shall not be subject to change.

6.4. The fact of acceptance of the goods by the Buyer is the payment for the goods (payment of the total order amount and the cost of delivery).

7. Returns of Goods and Refunds.

7.1. The terms and conditions for returning Goods are indicated on the Website in the "Exchange and Returns" section.

7.2. Refunds are issued using the same method by which the goods were paid, or to the Buyer's account, or by another method as agreed between the Parties.

8. Rights and Obligations of the Parties.

8.1. The Seller has the right to:

  • Make changes to the list of Goods and services offered on the Website and/or to the prices applicable to such Goods and/or services at any time without notifying the User. Changes take effect from the moment the new version of the Public Offer is published on the Website.
  • Restrict access to the Website in the event of a User's violation of the terms of this Agreement.
  • Expand and reduce the product offering on the Website, regulate access to the purchase of any goods, and suspend or discontinue the sale of any goods at their own discretion.
  • Run special promotions.

8.2. The Seller undertakes to:

  • Maintain confidentiality with respect to the Buyer's personal data, as well as other information about the Buyer that became known to the Seller in connection with the performance of this Agreement, except in cases where such information: is publicly available; is disclosed at the request or with the permission of the Buyer; is required to be disclosed on grounds provided by law, or upon receipt of relevant requests from a court or authorized government authorities; is disclosed on other grounds provided for by the agreement of the Parties;
  • Provide the Buyer with necessary information regarding the goods and services listed on the Website.

8.3. The User has the right to:

  • Receive additional information and clarifications from the Seller regarding the goods and services listed on the Website;
  • Cancel an order before the goods are handed over to the carrier, except for goods manufactured according to an individual (personalized) order. Personalized goods include goods manufactured or modified according to the Buyer's individual specifications, including the application of a name, logo, individual design, special characteristics, dimensions, colors, or other parameters specified by the Buyer;
  • When placing an order for a personalized product, the Buyer confirms their agreement that such an order cannot be cancelled after the Seller begins fulfilling it. Fulfillment of the order begins immediately upon payment.
  • In accordance with Clause 1, Part 5, Article 5 of the Law of Ukraine "On Consumer Rights Protection", goods manufactured to an individual consumer order are not subject to exchange (return).

8.4. The User undertakes to:

  • Provide, upon the Seller's request, additional information that is directly relevant to the services being provided.
  • Refrain from any actions that could be considered as disrupting the normal operation of the Website.
  • Bear personal responsibility for maintaining the confidentiality of account information, including the password, as well as for all activity conducted under the User's account without exception.
  • Immediately notify the Seller or the website administration of any unauthorized use of their account or password, or any other breach of security.

8.5. The User is prohibited from:

  • Using any third-party devices, software, procedures, algorithms and methods, automated devices or equivalent manual processes to access, acquire, copy, or track the content of this online store's Website;
  • Disrupting the proper functioning of the Website;
  • Gaining unauthorized access to the Website's features, as well as to any services offered on the Website;
  • Violating the security or authentication systems on the Website;
  • Using the Website and its Content for any purposes prohibited by the legislation of Ukraine, as well as inciting any illegal activity or other activity that violates the rights of the online store or other persons.

9. Liability and Disclaimers.

9.1. The Website Content is protected by copyright law, trademark legislation, as well as other rights related to intellectual property and legislation on unfair competition.

9.2. Any damages that the User may incur as a result of intentional or negligent violation of any provision of this Agreement, as well as due to unauthorized access to the communications of another User, shall not be compensated by the Seller.

9.3. The Seller is not liable for:

  • Delays or failures in transaction processing arising from force majeure circumstances, as well as any problems in telecommunication, computer, electrical, and other related systems.
  • Actions of transfer systems, banks, payment systems, and delays related to their operation.
  • Actions of the Khorosho platform company that resulted in changes to the Website's operation.
  • The proper functioning of the Website if the User lacks the necessary technical means to use it, and bears no obligation to provide users with such means.
  • Damage caused to the Buyer as a result of improper use of purchased Goods.
  • Technical malfunctions arising due to the fault of the Website's internet platform administration and/or internet service provider.
  • Termination of access to the Website in the event of the User's violation of any provision of this Agreement or any other document containing the terms of use of the Website.

9.4. The Seller has the right to suspend and/or block access to the Website or the User's account without prior notice if the User has violated this Agreement or the terms of use of the Website contained in other documents, as well as in the event of the Website being shut down, or due to a technical malfunction or issue.

10. Dispute Resolution.

10.1. By concluding this Agreement, the Parties confirm that all information provided by the Parties has been provided on lawful grounds and that they have the right to use and dispose of it.

10.2. In the event of any disagreements or disputes between the Parties to this Agreement, a mandatory pre-condition before going to court is the submission of a claim (a written proposal for voluntary settlement of the dispute).

10.3. The recipient of the claim shall, within 30 calendar days from the date of receipt, notify the claimant in writing of the results of the claim review.

10.4. If the dispute cannot be resolved voluntarily, either Party has the right to go to court to protect their rights as provided by the applicable legislation of Ukraine.