PUBLIC OFFER AGREEMENT

to order, purchase, sale and delivery of goods

This Agreement constitutes a public offer in accordance with Article 633 of the Civil Code of Ukraine.

Depending on the status of the Buyer and the selected payment method, the Seller under this Agreement may be:

PE “TOG TRADE”, EDRPOU 41805764 — in the case of sales of goods to legal entities and individual entrepreneurs;
Sole Proprietor Dmyterko Nataliia Hryhorivna, Tax ID 2286421048 — in the case of sales of goods to private individuals and users of the website services.

Hereinafter, the relevant entity shall be referred to as the “Seller”.

This agreement for ordering, purchasing, and delivering Goods defines the basic terms and conditions for ordering, purchasing, and delivering goods through the website https://togtrade.com

The buyer, acting for the purpose of purchasing the Goods, accepts the terms of the present contract for the purchase and sale of goods (hereinafter referred to as the Contract) on the following terms.

1. DEFINITION OF TERMS

1.1. Public offer (hereinafter - the "Offer") - a public offer of the Seller, addressed to an indefinite group of persons, to conclude a contract for the purchase and sale of goods remotely (hereinafter - the "Agreement") with the Seller on the terms and conditions contained in this Offer, including all Appendices.

1.2. Order – the Customer's decision to order goods and their delivery, issued in the online store and/or orders for the purchase and delivery of goods.

2. GENERAL PROVISIONS

2.1. The information below is an official offer (offer) of the online store https://togtrade.com to any natural person (hereinafter referred to as the Buyer) to conclude a contract for the purchase and sale of goods. The specified contract is public, i.e. according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers.

2.2. According to Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this offer (offer), which confirms the conclusion of the Agreement for the sale of goods on the terms proposed below, is the fact of placing and confirming the order.

2.3. By placing the Order, the Buyer confirms agreement and unconditional acceptance of the conditions of this offer (offer).

2.4. By concluding the Agreement (that is, accepting the conditions of this Offer (Offer) by placing an Order), the Buyer confirms the following:

The buyer is fully and completely familiar with and agrees with the terms of this offer (offer);

He gives permission for the collection, processing and transfer of personal data under the conditions specified below in the Warning regarding the collection, processing and transfer of personal data. The permission for the processing of personal data is valid during the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Customer confirms that he is notified (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", of the purposes of data collection, as well as of the fact that his personal data are transferred to the Seller for the purpose of the possibility of fulfilling the terms of this Agreement, the possibility of carrying out mutual settlements, as well as to receive invoices, deeds and other documents. The Customer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notification to the Customer, without changing the purpose of personal data processing. The extent of the Customer's rights as a subject of personal data according to the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.

3. PRICE OF THE PRODUCT

3.1. The price for each item of the Product is indicated on the website of the Internet store https://togtrade.com

3.2. The seller has the right to unilaterally change the price for any position of the Product.

3.3. In the event of a price change for the ordered Product, the Seller undertakes to inform the Buyer about the change in the price of the Product.

3.4. The Buyer has the right to confirm or cancel the Order for the purchase of the Goods if the price has been changed by the Seller after the Order has been placed.

3.5. Before paying for the goods, the Buyer finds out whether the goods are available and the terms of delivery are agreed upon. Only after the terms and availability have been agreed upon, the buyer pays for the goods.

3.6. If the goods have been paid after all the agreements have been made - changing the price by the Seller to the price paid by the Buyer is not allowed.

3.7. The buyer pays for the delivery of the goods himself or carries out self-delivery from the Seller's warehouse. The seller can announce the cost of delivery of the goods when the operator places an order.

3.8. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller.

3.9. Settlements between the Seller and the Buyer for the Goods are made by the methods indicated on the website of the online store in the "Delivery and payment" section.

4. PROCESSING THE ORDER

4.1. The Order of the Product is carried out by the Buyer through the Operator by phone:

+38(050) 100 04 99, +38 (050) 452 33 32, +38 (067) 540 90 92

or through the "basket" service of the Internet store website https://togtrade.com

4.2. When registering on the website of the online store, the Buyer undertakes to provide the following registration information:

4.2.1. Surname and first name of the Buyer or the person indicated by him (recipient);

4.2.2. The address to which the Goods should be delivered (if delivery to the Buyer's address);

4.2.3. E-mail address (optional field);

4.2.4. Contact phone.

4.3. The name, quantity, article number, and price of the Product selected by the Buyer are indicated in the Buyer's basket on the Internet store website.

4.4. If the Seller needs additional information, he may request it from the Buyer. If the Buyer does not provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods on the Internet market.

4.5. When placing an Order through the Operator (clause 4.1. of this Offer), the Buyer undertakes to provide the information specified in clause 4.2. of this Offer.

4.6. The Buyer's acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data in the registration form on the Internet store's website or when placing an Order through the Operator. After placing the Order through the Operator, data about the Buyer are registered in the Seller's database.

4.7. The buyer is responsible for the accuracy of the information provided when placing the order.

4.8. A remote sales contract between the Seller and the Buyer is considered to be concluded from the moment the order is placed electronically on the website of the online store or the Seller issues a cashier's or sales receipt or other document confirming payment for the Goods to the Buyer.

5. DELIVERY AND HANDOVER OF GOODS TO THE BUYER

5.1. The methods, order and terms of delivery of goods are indicated on the site in the "Delivery and payment" section. The order and terms of delivery of the ordered goods are agreed by the Buyer with the operator of the online market at the time of purchase.

5.2. The term of delivery of the Product is discussed separately with the Operator for each product.

5.3. Self-delivery of goods:

5.3.1. After creating the application, the buyer can make a payment and receive the goods at the following address: Dnipro, A. Polya Ave., 76. Working hours: Mon-Fri from 09:00 to 16:30, Sat and Sun are closed

5.3.2. The right of ownership and the risk of accidental loss or damage to the goods passes to the Customer or his representative from the moment of receipt of the goods by the Parties and the signing of the goods receipt and/or order (and/or order for the purchase and delivery of the goods) upon delivery.

5.4. The delivery of the goods is carried out by the employees of the online store on their own, according to the terms of delivery, or with the involvement of third parties (the carrier).

5.5. When receiving the goods, the Customer must check the conformity of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date) in the presence of the courier representative.

5.6. Upon receiving the goods, the Customer or the Customer's Representative confirms with his signature on the goods receipt and/or the order for the delivery of the goods that he has no complaints about the quantity of the goods, appearance and completeness of the goods.

6. RETURN OF GOODS

6.1. The customer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - in the order and under the conditions determined by the Law of Ukraine "On the Protection of Consumer Rights".

6.2. The return of a product of proper quality is possible if its product type, consumer properties, as well as a document confirming the fact of purchase and the conditions of the order of the specified product are preserved.

6.3. The customer has no right to refuse a good quality product that has individually defined properties, if the specified product can be used exclusively by the consumer who purchased it (including non-standard, at the request of the customer, sizes, overalls with logos, etc.). The confirmation that the product has individually defined properties is the difference in product sizes and other characteristics that are specified in the online store.

6.4. The return of goods, in cases provided by law and this Agreement, is carried out at the address indicated on the site in the "Delivery and payment" section.

6.5. If the Buyer refuses the goods of proper quality, the Seller returns money equal to the value of such Goods, with the exception of the seller's costs for the delivery of the goods that are returned.

6.6. Refund of the amount specified in clause 6.5. carried out within 7 working days after receiving the return of the goods by the store.

7. RESPONSIBILITY OF THE PARTIES

7.1. The Seller is not responsible for damage caused to the Buyer as a result of improper use of the Goods pre-ordered on https://togtrade.com and purchased from the Seller.

7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in case of providing unreliable or false information by the Buyer.

7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer is released from responsibility for the full or partial non-fulfillment of their obligations, if the non-fulfillment is a consequence of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that arose independently of the will of the Seller and/or the Buyer after conclusion of this contract. The Party that cannot fulfill its obligations shall immediately notify the other Party thereof.

ADDRESS AND DETAILS

Seller: PP "TOG TRADE"

Address: Ukraina, Dnipro, 76 A. Polya Avenue

EDRPOU 41805764

TIN 418057604651

Current account: UA 59 305299 00000 26003050288399

in PJSC CB "PRIVATBANK"

MFO 305299

Phone: +38 067 632 33 83

SUPPLIER:
Sole Proprietor Dmyterko Nataliia Hryhorivna

Address:
59/185 Oleksandra Polia Avenue,
Dnipro, Dnipropetrovsk Region, 49101, Ukraine

Bank account:
UA19 305 299 00000 26004050 653611 at JSC CB “PrivatBank”

MFO: 305299
Tax ID: 2286421048
Tel.: +38 096 521 41 58