Public offer

This public contract for the sale of goods (public offer) is an offer from the seller to an unlimited circle of persons, in accordance with Articles 633 and 641 of the Civil Code of Ukraine, to conclude a public contract for the sale of goods at a distance, using means of remote communication (the Internet).

1. TERMS AND DEFINITIONS.

1.1. Public contract for the sale of goods (public offer) - a contract concluded by the seller with the buyer using means of remote communication (the Internet) regarding the quality, terms, price, and other conditions under which the goods are sold, which are the same for all buyers, posted in the public domain on the website at the address: hramaesthetic.com (hereinafter also referred to as the “HRAM Online Store”).

1.2. Public offer – an offer from the seller, addressed to an unlimited circle of persons, in accordance with Articles 633 and 641 of the Civil Code of Ukraine, to conclude a contract (public offer) with the seller, which is posted in the public domain on the HRAM Online Store website.

1.3. Acceptance – the provision by the buyer of full and unconditional consent to the seller's offer to conclude a public contract for the sale of goods (public offer) (hereinafter also referred to as the “Contract”) under the terms defined by this Contract, by placing an order and paying for the ordered goods, which signifies the buyer's signing of this Contract and the buyer's acceptance of all its terms.

1.4. Seller – the person offering goods for sale on the HRAM Online Store website, whose details are specified in the payment invoice and/or the shipping documents accompanying the goods.

1.5. Buyer – any person who has accepted this Contract.

1.6. Goods - clothing, accessories, underwear, and any other item displayed and offered for sale to buyers by being posted by the seller on the HRAM Online Store website.

1.7. HRAM Online Store – a remote means for remotely demonstrating (presenting) and/or selling the seller's goods by means of an electronic transaction (electronic contract) concluded between the seller and the buyer, which is formed based on the buyer's familiarization with photographs, descriptions of the goods, and any other informational materials about the goods presented by the seller using information and telecommunication systems, which excludes the possibility of the buyer directly familiarizing themselves with the goods or samples of the goods during the conclusion of such a contract.

1.8. Order – the buyer's decision to purchase goods from the seller, placed by the seller on the HRAM Online Store website, by placing an order and paying for the ordered goods.

1.9. Delivery of goods – the buyer's instruction to the seller to arrange the delivery service for the goods ordered and paid for by the buyer through the carrier company "Nova Poshta," at the buyer's expense, using the details provided by the buyer in their order, which must include: Full name of the Consignee of the shipment (parcel), mobile phone number of the Consignee of the shipment (parcel), settlement (city/town) and the Nova Poshta branch number for receiving the shipment (parcel), or the address for receiving the shipment (parcel) by the Consignee, provided that a request for courier delivery has been made.

1.10. Consignee of the goods – the buyer or any person to whom the buyer has granted the right to receive the goods under this Contract on behalf of the buyer, by specifying such right in their order or by the buyer personally amending the consignee or their data on the airway bill of the carrier company "Nova Poshta" created when the seller arranges the shipment (parcel) with the goods ordered by the buyer. In such a case, the goods are considered accepted by the buyer's authorized representative, and the buyer is deprived of the right to make any claims against the seller regarding the fact that the goods were handed over by the seller to a person not authorized by the buyer.

1.11. LiqPay System — the Bank's payment service for conducting payment transactions between the seller and the buyer under this Contract on the Internet using personal computers and/or other mobile devices.

1.12. Any other terms not defined separately in this Contract shall be perceived and interpreted by its parties based on the provisions of current legislation of Ukraine, trade customs, as well as the purpose and subject matter of this Contract.

2. SUBJECT OF THE CONTRACT.

2.1. The seller undertakes to transfer the goods into the ownership of the buyer, and the buyer undertakes to pay for and accept the goods under the terms of this Contract.

3. PROCEDURE FOR SELECTING GOODS AND PLACING AN ORDER.

3.1. The buyer independently, at their own discretion, selects the goods offered for sale by the seller on the HRAM Online Store website.

3.2. The buyer is obliged to familiarize themselves with all terms of this Contract, and in case of agreement (acceptance) with all its terms, places an order according to the form posted on the HRAM Online Store website. That is, by placing an order, the buyer is considered to have fully agreed with all terms of this Contract, the seller's offer to conclude this Contract is fully accepted by the buyer from the moment the buyer places the order, and this Contract is considered concluded.

3.3. The buyer independently familiarizes themselves with the order form posted on the HRAM Online Store website and independently enters all data into the order.

3.4. In case the buyer has questions regarding the selected goods, the buyer may contact the seller in any way available to them before starting to place an order.

3.5. By placing an order, the buyer confirms that before concluding this Contract, they were provided with all necessary information about the name of the seller, their location and the procedure for receiving claims; basic characteristics of the goods; price, including delivery charges, and payment terms; other conditions for the fulfillment of this Contract; the procedure for termination of this Contract; and other conditions under which the goods are offered for sale by the seller.

3.6. By placing an order, the buyer confirms that they have received necessary, accessible, truthful, and timely information about the goods, which ensures the possibility of a conscious and competent choice, and that such information was provided to the buyer before they purchased the goods.

3.7. In the order, the buyer is obliged to authorize the seller to arrange the delivery service for the goods paid for by the buyer through the carrier company "Nova Poshta," at the buyer's expense, using the details provided by the buyer in their order, which must include: Full name of the Consignee of the shipment (parcel), mobile phone number of the Consignee of the shipment (parcel), settlement (city/town) and the Nova Poshta branch number for receiving the shipment (parcel), or the address for receiving the shipment (parcel) by the Consignee, provided that a request for courier delivery has been made. At the same time, the buyer bears full responsibility for the information provided to the seller and for any errors in such information that caused the seller to be unable to properly fulfill their obligations to the buyer regarding the execution of the order for delivery services.

3.8. The seller's processing time for an order properly placed by the buyer is two working days. Within the processing period, the seller undertakes to confirm the receipt of the order and provide the buyer with the payment details for the ordered goods or to cancel the buyer's order in case the goods selected by the buyer are not in the seller's warehouse. If the seller needs additional information from the buyer, the seller has the right to request it from the buyer. In case the buyer does not provide the additional information requested by the seller, the seller shall not be liable for the provision of quality service to the buyer when purchasing goods or for the seller's non-compliance with any deadlines and other conditions set out in this Contract.

4. PRICE AND PAYMENT PROCEDURE.

4.1. The price of each individual item is determined by the seller and is indicated on the HRAM Online Store website.

4.2. The order price is determined by adding the prices of all goods included in the order, which equals the total amount payable by the buyer.

4.3. The contract price is equal to the order price.

4.4. The seller may change the price of the goods unilaterally until the moment the buyer places the order.

4.5. After the order is placed, the price cannot be changed.

4.6. Ordering goods refers to the formation of an order by the buyer, confirmation of the order by the seller, and 100% payment by the buyer for the ordered goods.

4.7. The buyer makes 100% payment for the ordered goods within one banking day of the seller providing the payment details for the goods ordered by the buyer.

4.8. Payment for the ordered goods is made by the buyer in the national currency of Ukraine, in non-cash form, through the LiqPay system using personal computers and/or other mobile devices.

4.9. All additional costs related to the buyer's payment for the ordered goods, including, but not limited to, bank commissions related to conducting payment transactions between the buyer and the seller through the LiqPay system, are covered by the buyer at their own expense.

4.10. The ordered goods are considered paid for by the buyer, and the buyer's obligations regarding payment for the ordered goods are considered fulfilled, at the moment the funds from the buyer are received into the seller's account in the full amount of the cost of the ordered goods.

4.11. The seller reserves the right to unilaterally change prices for goods demonstrated and offered for sale to buyers by posting them on the HRAM Online Store website, to offer and cancel special offers and/or discounts on goods, and to change goods, sales conditions, and any other conditions of this Contract.

4.12. Until the funds are credited to the seller's account, the goods are not reserved. The seller cannot guarantee the availability of the seller's goods in the quantity specified at the moment of placing the order, as a result of which processing times and any order details may increase.

4.13. The order is prepared by the seller for shipment to the buyer within two to ten working days after the funds in the amount of 100% of the cost of the goods ordered by the buyer are received into the seller's account.

4.14. The delivery cost of the ordered goods is not included in the price of the goods and is paid by the buyer independently according to the tariffs of the carrier company "Nova Poshta" upon receipt of the shipment (parcel) by the buyer.

5. TERMS OF DELIVERY OF GOODS.

5.1. Delivery of the goods ordered and paid for by the buyer is carried out through the carrier company "Nova Poshta," at the buyer's expense, using the details provided by the buyer in their order, which must mandatorily include: Full name of the Consignee of the shipment (parcel), mobile phone number of the Consignee of the shipment (parcel), settlement (city/town) and the Nova Poshta branch number for receiving the shipment (parcel), or the address for receiving the shipment (parcel) by the Consignee, provided that a request for courier delivery has been made.

5.2. Shipment of goods from the seller's warehouse takes place after 100% payment of the cost of the goods ordered by the buyer is received from the buyer into the seller's account.

5.3. The seller undertakes to arrange the delivery of the ordered goods according to the buyer's instruction provided when placing the order, within two to ten working days from the moment 100% payment for the cost of the goods ordered by the buyer is received into the seller's account, provided that the buyer has submitted all mandatory data of the Consignee of the shipment (parcel) for its delivery to the buyer.

5.4. Together with the ordered goods, the Consignee of the shipment (parcel) is provided with all documents required by the requirements of the current legislation of Ukraine. By accepting the goods, the buyer confirms the receipt from the seller of all documents required by the current legislation of Ukraine and the absence of any claims against the seller in this regard.

5.5. The delivery cost of the ordered goods is not included in the price of the goods and is paid by the buyer independently according to the tariffs of the carrier company "Nova Poshta" upon receipt of the shipment (parcel) by the buyer.

5.6. The seller is not responsible for the delivery times of the ordered goods transferred for carriage through the company "Nova Poshta," as such terms are set by the carrier company and do not depend on the seller.

5.7. Upon receipt of the goods, the buyer must check their integrity and completeness by inspecting the goods. In case of detecting defects and/or shortage of goods, the buyer must record them in an act, which must be signed by the buyer and an authorized person of the carrier, indicating the full name and position of such person. Also, the defects of the goods must be recorded by the buyer using photography. Within one calendar day from the moment of receipt of the goods, the buyer is obliged to notify the seller in writing about the detected defects and/or shortage of goods, as well as to provide the act and photographs. In case of non-compliance by the buyer with the requirements for receipt of goods from the seller, which are mandatory for them and stipulated in this clause of the Contract, the buyer shall be deemed to have received high-quality goods without any defects and shall have no claims against the seller regarding the quality of the goods received by the buyer.

5.8. The fact of shipment of the goods by the seller and receipt of the goods by the buyer is confirmed by the airway bill of the carrier company "Nova Poshta," issued to the seller by the carrier company "Nova Poshta" or printed by the seller from the "Nova Poshta" company website located on the Internet.

5.9. Ownership and the risk of accidental loss or damage to the goods pass to the buyer from the moment they receive the goods from the carrier company "Nova Poshta."

6. TERMS OF EXCHANGE AND RETURN OF GOODS.

6.1. The buyer has the right to return goods of proper quality to the seller if the goods did not satisfy the buyer in terms of shape, style, color, size, or for other reasons cannot be used by them for their intended purpose, within fourteen days, not counting the day of purchase of such goods.

6.2. The buyer has the right to exchange goods of proper quality for similar ones from the seller from whom they were purchased, if the goods did not satisfy the buyer in terms of shape, style, color, size, or for other reasons cannot be used by them for their intended purpose, under the following conditions: 1) the goods for exchange are provided to the seller within no more than fourteen days, not counting the day of purchase; 2) the goods can be replaced if they have never been used, contain no traces of use, and if their commercial appearance, consumer properties, seals, and labels have been preserved; 3) the goods do not contain scratches, chips, abrasions, and there are no stains, snags, creases, or dents; 4) full completeness of the sold goods is preserved; 5) the goods do not belong to the category of intimate apparel (nightgowns, underwear, etc.); 6) the goods can be replaced upon presentation by the buyer of a payment document, receipt, or shipping documents issued to the buyer along with the sold goods, which confirm payment and receipt of the goods.

6.3. In case the goods do not meet the conditions stipulated in clauses 6.1 and 6.2 of this Contract, the seller has the right to refuse the buyer an exchange or return of the goods.

6.4. The return of the cost of goods of proper quality to the buyer is carried out within seven days from the moment such goods are received by the seller, provided that the buyer complies with the requirements stipulated in clauses 6.1 and 6.2 of this Contract and the current legislation of Ukraine. Delivery of goods of proper quality to the seller is carried out at the buyer's expense and is not reimbursed by the seller.

6.5. If at the moment of exchange a similar product is not on sale, the buyer has the right to either purchase any other product from the range available from the seller with an appropriate recalculation of the cost, or to terminate this Contract and receive back the money in the amount of the cost of the returned goods.

6.6. The buyer must notify the seller in writing about the return of the goods, indicating the reason for such return, and provide the documents confirming the order, payment, and receipt of the goods in fulfillment of this Contract, as well as documents the provision of which is required by the current legislation of Ukraine.

7. QUALITY GUARANTEES OF GOODS. BUYER'S CLAIMS RELATED TO DEFECTS IN GOODS.

7.1. The seller undertakes to transfer to the buyer goods of proper quality.

7.2. The photographs accompanying the goods may slightly differ from the actual appearance of the goods, taking into account the features of color rendering on different devices used to display the HRAM Online Store website. The description/characteristics accompanying the goods do not claim to be exhaustively informative and may contain typos.

7.3. Warranty periods for goods are established as 30 calendar days from the date of sale. During this period, the seller guarantees the proper quality of the goods and the fitness of the goods for use.

7.4. Complaints (claims) regarding defects in the goods are accepted by the seller within 30 (thirty) days from the moment the goods are purchased by the buyer. A complaint (claim) may be submitted only if the defect is discovered within the warranty period, and the defect causes the goods to be non-compliant with the terms of this Agreement. A difference in design or decor elements from those stated in the product description does not constitute a sign of a defective product.

7.5. After the buyer signs the accompanying documents for the goods, complaints (claims) regarding external defects, quantity, or completeness of the goods will not be accepted by the seller. That is, from the moment of delivery of the goods until the moment of signing the accompanying documents for the goods, the buyer must inspect the appearance of the goods and verify the quantity and completeness of the goods in accordance with the order placed.

7.6. The buyer's complaints (claims) must state the reasons for their submission and include full information about the order. The seller has the right to request additional information from the buyer to make a decision regarding the buyer's complaint (claim).

7.7. The buyer must adhere to the terms (rules) of use of the goods indicated by the manufacturer on the relevant internal labels placed on the product and/or placed by the seller on the HRAM online store website at the time the buyer placed the order.

7.8. In the event of discovery of material defects in the goods during the established warranty period, the buyer has the right to demand the termination of this Agreement and a refund of the amount paid for the defective goods within the warranty period.

7.9. The seller shall review the complaint (claim) within 14 calendar days from the moment of its receipt.

8. RIGHTS AND OBLIGATIONS OF THE PARTIES.

8.1. The seller has the right, at its own discretion, to unilaterally make changes to the terms of this Agreement by posting (publishing) the new version on the HRAM online store website. The changes take effect from the moment of their posting (publication) on the HRAM online store website, unless a different effective date for the changes is specified by the seller additionally at the time of their posting (publication).

8.2. The seller undertakes to properly fulfill its obligations provided for by this Agreement.

8.3. The seller undertakes not to disclose information about the buyer's personal data obtained in the performance of this Agreement, except in cases provided for by the requirements of the current legislation of Ukraine.

8.4. The buyer has the right to demand from the seller the fulfillment of the obligations provided for by this Agreement.

8.5. The buyer undertakes to properly fulfill their obligations provided for by this Agreement.

9. LIABILITY OF THE PARTIES.

9.1. The parties are liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner provided for by this Agreement and the current legislation of Ukraine.

10. FORCE MAJEURE.

10.1. In the event of force majeure circumstances, such as natural disasters or strikes (excluding the parties' personnel), the party affected by such circumstances is released from liability in the form of a penalty (fine, interest) for non-fulfillment or improper fulfillment of its obligations under this Agreement, provided that the fact of the existence of such circumstances is confirmed by a certificate from the territorial body of the Chamber of Commerce and Industry of Ukraine and if such circumstances were the direct cause of the impossibility of fulfilling contractual obligations. The party for which force majeure circumstances have arisen must notify the other party to the agreement in writing about the occurrence of such circumstances no later than seven calendar days from the date of their occurrence, with subsequent confirmation of the fact of the existence of such circumstances by a certificate from the territorial body of the Chamber of Commerce and Industry of Ukraine. The deadline for providing the certificate from the territorial body of the Chamber of Commerce and Industry of Ukraine is fourteen calendar days from the date of occurrence of the force majeure circumstances. Failure to notify or late notification of the occurrence of force majeure circumstances OR failure to provide or late provision of the certificate from the territorial body of the Chamber of Commerce and Industry of Ukraine confirming the fact of the existence of force majeure circumstances deprives the affected party of the right to rely on such circumstances as a basis for exemption from liability in the form of a penalty (fine, interest) for non-fulfillment or improper fulfillment of its obligations under this agreement.

11. DISPUTES AND DISAGREEMENTS.

11.1. All disagreements arising in connection with this Agreement shall be resolved through negotiations between the parties. The application of pre-trial dispute resolution measures is a right, not an obligation of the parties, and such measures are applied at the discretion of each of them.

11.2. In the event that the parties do not reach an agreement on disputed issues, they shall be subject to consideration in court, in accordance with the jurisdiction and venue provided for by the current legislation of Ukraine.

12. VALIDITY OF THE AGREEMENT, AMENDMENTS, AND TERMINATION.

12.1. This Agreement enters into force from the moment it is accepted by the buyer and remains in effect until the moment the obligations are fully fulfilled by the seller and the buyer.

12.2. This Agreement may be terminated early by mutual agreement between the seller and the buyer.

12.3. This Agreement may be terminated early by a court decision.

12.4. The seller has the right to terminate this Agreement unilaterally, by providing notice via an announcement on the HRAM online store website no later than fifteen calendar days before the date of such termination. In such a case, the seller is not relieved of the duty to deliver the goods to all buyers who have already accepted such agreements and paid for the ordered goods.

12.5. On all issues not addressed in this Agreement, the parties shall be guided by the norms of the current legislation of Ukraine.

13. SELLER'S DETAILS.

INDIVIDUAL ENTREPRENEUR FONOVA DARYA YEVHENIIVNA

RNOKPP: 3564605886.

Address: Ukraine, 51200, Dnipropetrovsk region, Novomoskovsk district,

Novoselivka village, Samarska street, house 52.

IBAN: UA983052990000026002050562726 in JSC CB "PRIVATBANK",

EDRPOU of the bank: 14360570, bank code: 305299.

Email: sidashd97@gmail.com

Phone: +380676140304

Single tax payer of group 2, non-VAT payer