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PUBLIC OFFERThis document contains a public offer (hereinafter referred to as the "Offer") to conclude a retail sale and purchase agreement with the use of remote communication means in the manner and on the terms and conditions set out below.The offer is drawn up taking into account the requirements of Articles 638-641, 698-699 of the Civil Code of Ukraine, the Law of Ukraine "On Electronic Commerce", the Law of Ukraine "On Consumer Protection", the Procedure for conducting trade activities and rules of trade services in the consumer goods market, approved by the Cabinet of Ministers of Ukraine No. 833 of 15.06.2006, the Rules for the sale of goods to order and outside commercial or office premises, approved by the order of the Ministry of Economy of Ukraine No. 103 of 19.04. 2007 and other provisions of the current legislation.The Agreement is considered to be a contract of adhesion within the meaning of Article 634 of the Civil Code of Ukraine, that is, it can be concluded only by the Buyer's accession to the Agreement as a whole, and the Buyer, in turn, has no right to offer its terms and conditions and / or require the inclusion of any terms and conditions in the Agreement. 1. Definition of terms used in the Offer: "Offer" means a public offer to conclude the Agreement set forth herein, published on the Internet at: nesemos.com;"Acceptance" - the response of the person to whom the proposal to conclude the contract is addressed, on its acceptance, which is complete and unconditional, without signing a written copy of the Agreement by the Parties; "Seller" - an individual entrepreneur or a legal entity established under the laws of Ukraine, which sells the Goods using the means of remote communication to the Buyers, using the Internet service nesemos.com;"Buyer" means an individual who purchases the Goods for his/her personal needs not directly related to entrepreneurial activity or performance of duties of an employee; "Goods" - products sold by the Seller. The assortment list of the Goods is posted on the Internet service nesemos.com;"Means of remote communication" - telecommunication networks, postal communication, television, information networks, including the Internet, which can be used to conclude contracts at a distance;"Agreement concluded at a distance" - an agreement concluded by the Seller with the Buyer by means of remote communication;"Order" - an assortment list of Goods selected by the Buyer, its price and delivery terms, as well as other information provided by the Buyer to the Seller in order to conclude the Agreement. "Agreement" - an electronic contract for the sale of Goods concluded between the Seller and the Buyer as a result of the latter's acceptance of the Offer, executed in electronic form;"Parties" - the Seller and the Buyer when jointly mentioned in the text of the Offer.2. General provisions2.1. This Offer is a public offer to conclude a contract of sale of Goods between the Seller and the Buyer, information about which (Goods) is posted on the Internet service nesemos.com.2.2. Acceptance of the Offer is carried out by: - payment by the Buyer for the Goods, the list of which is specified in his order. The Offer is considered accepted at the time of payment for the Goods by the Buyer, after a properly executed Order. The date of payment for the Goods by the Buyer and receipt of the duly executed Order shall be indicated by the Seller in the relevant electronic message addressed to the Buyer, which is posted on the Internet resource nesemos.com, in the manner prescribed by this Offer. 2.3. The Buyer's actions provided for in paragraph 2.2 of this Offer indicate the full and unconditional acceptance of this Offer by the Buyer.2.4. The Offer is valid only for the Goods, the assortment list of which is set out on the Internet service nesemos.com.2.5. The Offer may be withdrawn by the Seller at any time (i.e. before, at the time of and after its receipt by the Buyer), about which a corresponding message is posted on the Internet service nesemos.com.2.5.1. The Buyer may accept the Offer until its withdrawal by the Seller.2.6. The Seller has the right to make changes to the Offer at any time.2.6.1. Changes to the Offer come into force from the moment of their publication on the Internet service nesemos.com.2.7. The sale and purchase agreement concluded between the Seller and the Buyer as a result of the acceptance of the Offer by the latter has the nature of a public contract of adhesion in the sense in which it is defined in Articles 633 and 634 of the Civil Code of Ukraine, Article 11 of the Law of Ukraine "On Electronic Commerce". 2.8. The agreement is regarded as concluded at the location of the Seller. 3. Information about the Goods3.1. Information about the Goods offered by the Seller is presented on the Internet resource nesemos.com in the form of photographic images and accompanying information materials, and may also be provided to Buyers using other means of remote communication.3.2. If the manufacturer sets a warranty period for the Goods, such period is indicated in the documentation accompanying the Goods.4. Placement of the Order4.1. Placement of the order by the Buyer and further payment for the Goods by the Buyer is carried out using the Internet service nesemos.com. 4.2. Before concluding the Agreement, the Buyer has the opportunity through the Internet service nesemos.com to receive all the necessary information about the name of the Seller, the main characteristics of the Goods, the price of the Goods and the terms of payment, as well as other information, the need for which is provided by the legislation of Ukraine on consumer protection.4.3. To place and pay for the Order using the means of the Internet service nesemos.com, the Buyer provides the following information (mandatory):- surname, first name of the Buyer;- name, article and/or brand (if any), quantity and price of the Goods;- the address to which the Goods are to be delivered;- contact details of the Buyer: phone number and e-mail address, if available, as well as contact details of the person who will receive the Goods. When placing an Order using the means of the nesemos.com Internet service, the Buyer accepts all the terms of the Offer by reading its text in the footer of the nesemos.com Internet service. 4.4. The Buyer is responsible for the completeness and accuracy of the information provided by him in accordance with subparagraph 4.3 of this Offer.4.5. The order is considered placed at the time of payment for the Goods, after receipt / approval by the Buyer of the information, the need for receipt / approval of which is provided for by the current legislation of Ukraine. 4.6. Information received by the Seller from the Buyer is confidential and cannot be transferred to third parties without the consent of the Buyer, except as provided by the current legislation of Ukraine and this Offer. The Seller and the Buyer agreed that it will not be considered a violation of the terms of clause 4.7 of this Offer for the Seller to provide the information received by him from the Buyer in the process of registration / placement of the Order by the latter on the Internet service nesemos. com, execution of the Order, to third parties involved by the Seller to fulfill its obligations under the Offer and/or to protect its rights and interests, including, but not limited to, companies of partners, contractors, executors, agents, consultants, law and audit firms, etc. but only to the extent necessary for such third parties to perform their tasks. 4.7. By accepting this Offer, the Buyer agrees to the processing by the Seller of personal data provided by the Buyer about himself when placing and paying for the order on the Website and/or placing the Order. The Buyer also agrees that the purpose of processing personal data is to provide information support for the internal economic activities of the Seller (in particular, to ensure the effective operation of the Internet service, prompt processing and execution of Orders, generalization of information on the quantitative and qualitative characteristics of the received Orders, etc.).5. Payment for the Order5.1. Payment for the Goods is made in the national currency of Ukraine - hryvnia. The Buyer can pay for the ordered Goods in the following ways:5.1.1. by using a bank payment card online using the Wayforpay service, or another similar service available on the nesemos.com Internet service;5.1.2. in any other way by agreement with the Seller, including through the cash on delivery service, which may be provided by the relevant postal operator.5.2. The price of the Agreement is defined as the sum of the cost (prices) of all selected and paid by the Buyer Goods.5.3. The Buyer independently chooses the method of payment for the ordered Goods, unless otherwise provided by this Offer and / or specified on the Internet service nesemos.com.5.4. The fact of payment by the Buyer for the Goods is confirmed by the relevant settlement document (receipt, message, etc.), which is generated and sent to the Buyer by the relevant payment system by which the Buyer makes payment, as well as the relevant receipt of the issuing bank of the card with which the Buyer made such payment. 6. Fulfillment of the Order6.1. After payment for the Order, the Seller processes it and organizes the delivery of the Goods.6.2. The Seller ensures the delivery of the Goods to the person specified in the Order within the period specified with the Buyer, in the manner prescribed by clause 2.2 of this Offer. 6.3. The Seller may agree with the Buyer a specific date of delivery of the Goods within the period specified in clause 220.127.116.11. The ordered Goods can be delivered to the person specified in the Order by mail through postal operators.6.4.1. Specific terms and conditions of delivery of the Goods are specified in the Buyer's Order on the Internet service nesemos.com. 6.5. The Order is considered completed from the moment the Seller transfers the Goods to the relevant postal operator for further delivery of the Goods to the person specified in the Order.In order to confirm the fact of receipt of the Goods by the person specified in the Order and/or the Buyer, the postal operator may issue documents provided for by the current legislation of Ukraine. 6.6. In case of impossibility to fulfill the Order, the Seller shall immediately notify the Buyer thereof. Information about the impossibility of fulfilling the Order and the reasons for such impossibility is sent by the Seller in the form of an electronic message to the Buyer.6.7. The transfer of ownership of the Goods and all risks associated with damage, damage and destruction of the goods from the Seller to the Buyer is carried out at the time of transfer of the Goods to the person specified in the Order and/or to the Buyer, in the manner prescribed by this Offer.6.8. The Goods are delivered to the Buyer in packaging that ensures the safety of the Goods under normal conditions of storage and transportation.6.9. In the event that the delivery of the Goods was carried out within the established time limits, but the Goods were not transferred to the person specified in the Order and/or to the Buyer, as a result of the latter's guilty actions and/or inaction, the next delivery of the Goods is carried out within a new period agreed by the Parties, after the Buyer re-pays for the delivery of the Goods, as well as compensation by the Buyer to the Seller for the cost of preliminary delivery. 7. Return of the Goods7.1. In accordance with the requirements of Annex No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172 "On Implementation of Certain Provisions of the Law of Ukraine "On Consumer Protection", food products are included in the List of Good Quality Goods that cannot be exchanged (returned) if they do not satisfy consumers for any reason. 7.2. In case of termination of the Agreement at the initiative of the Buyer, the latter shall contact the Seller with the reasons for returning the Goods.7.3. Goods (which do not belong to the List of Goods of Good Quality that are not subject to exchange (return) shall be returned to the Seller in the manner prescribed by the Law of Ukraine "On Consumer Protection", the Rules for the sale of goods to order and outside commercial or office premises, approved by the Order of the Ministry of Economy of Ukraine No. 103 of 19.04. 2007 and other provisions of the current legislation of Ukraine in the field of consumer protection.8. Intellectual property rights warning8.1. Intellectual property rights to text information, graphic images and other objects of intellectual property rights contained on the nesemos.com Internet service and on the Goods belong to the Seller, and may not be used by third parties without the written consent of the Seller. 8.2. The Internet service nesemos.com is protected by copyright and the laws of Ukraine on copyright. The copyright for the design and all information of the nesemos.com Internet service, as well as for the selection and arrangement of materials belongs to the Seller. 8.3. The Buyer agrees to the processing of personal data by the Seller, including, but not limited to, the consent to the collection, registration, accumulation, storage, adaptation, modification, renewal, use, dissemination (including distribution, sale, transfer, etc.), destruction of his personal data in order to properly fulfill the terms of this Offer, and to ensure legal relations of tax, accounting, statistical reporting, business relations. 8.4. By this Offer, the Buyer agrees to the Seller's right to use, reproduce, post, publish photos, videos and other information about the Buyer, which was created by them, and arose as a result of the latter's use of the Internet service nesemos.com. 8.5. Photos, videos and other information specified in clause 8.4. of this Agreement shall be used by the Seller solely for advertising purposes, including for the organization by the Seller of competitions and other possible events using this information on the Internet service nesemos.com. 9. Force-majeure circumstances9.1. The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement, if they arose as a result of force majeure.9.1.1. Force majeure means any circumstances that arose beyond the will or contrary to the will or desire of the Parties, and which cannot be foreseen or avoided, including hostilities, civil unrest, epidemics, blockades, earthquakes, floods, fires, decisions or orders of public authorities and governments, as a result of which the Parties will be imposed additional obligations or additional restrictions (licensing, customs, tax, etc.) and other actions or events that exist beyond the will of the Parties.9.2. The Party that does not or cannot fulfill its obligations under the Agreement due to force majeure shall notify the other Party in writing of the obstacles and their impact on the fulfillment of obligations arising in connection with the conclusion of the Agreement.9.3. If force majeure circumstances exist for 30 (thirty) consecutive days and do not show signs of termination, the Agreement may be terminated by either Party by sending a written notice to the other Party.9.4. The fact of force majeure must be confirmed by a certificate of the relevant competent authority.10. Final provisions of the agreement10.1. By agreeing to the terms of this Offer, the Buyer confirms his legal capacity and legal capacity, his real intention to conclude this Agreement on the terms specified in the Offer, the absence of any coercion to conclude this Agreement, full understanding of the terms and terminology used in this Offer in Ukrainian, the legal use of a bank payment card, and also realizes and confirms his responsibility for the obligations imposed on him as a result of the conclusion of this Agreement.10.2. All notices provided by this Offer and sent by the Seller to the Buyer shall be deemed to be duly sent if they are sent using remote communication means on the basis of contact information provided by the Buyer in the manner prescribed by this Offer.10.3. All tax obligations arising for the Parties in connection with the acceptance of this Offer are the responsibility of such taxpayers.10.4. Proposals regarding the Seller's activities, requests for information, etc. are accepted by the Seller in the following ways: - by e-mail: moc.liamg%40pohsomesen10.5. All legal relations arising in connection with the conclusion, execution and termination of the Agreement and not provided for by this Offer are governed by the norms of the current legislation of Ukraine.11. Information about the SellerName of the Seller: Individual entrepreneur Shuklinov Petro Yuriyovych, taxpayer registration number 3254016392;Seller's location: Kyiv, Kharkivske shose 2