Public Offer Agreement

PUBLIC OFFER AGREEMENT
for the ordering, purchase, sale and delivery of goods

This agreement constitutes the official and public offer of the Seller to conclude a contract of sale for the Goods presented on the website tihon.com.ua. This agreement is public, meaning that, in accordance with Article 633 of the Civil Code of Ukraine, its terms are identical for all buyers regardless of their status (natural person, legal entity, individual entrepreneur), without granting preference to any one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and procedure for placing an order, paying for goods, delivery of goods, return of goods, liability for a bad-faith order, and all other terms of the agreement. The Agreement is deemed concluded from the moment the «Confirm Order» button is clicked on the checkout page in the «Cart» section and the Buyer receives electronic confirmation of the order from the Seller.

1. Definition of Terms

1.1. Public offer (hereinafter the «Offer») – a public proposal of the Seller, addressed to an indefinite range of persons, to conclude with the Seller a contract for the sale of goods by distance means (hereinafter the «Agreement») on the terms contained in this Offer.

1.2. Goods or Service – the object of the transaction between the parties, which was selected by the buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller by distance means.

1.3. Online Store – the Seller’s website at www.tihon.com.ua, created for concluding retail and wholesale contracts of sale on the basis of the Buyer’s familiarisation with the description of the Goods offered by the Seller via the Internet.

1.4. Buyer – a legally capable natural person who has reached the age of 18, who receives information from the Seller and places an order for the purchase of goods presented on the Online Store website for purposes not connected with business activity, or a legal entity or individual entrepreneur.

1.5. Seller – Limited Liability Company «NVO Tihon» (identification code 41784315), a legal entity established and operating in accordance with the current legislation of Ukraine, whose registered address is: 61001, Kharkiv, 27 Bohdana Khmelnytskoho St.

2. Subject of the Agreement

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

2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of the Buyer’s full and unconditional acceptance of the terms of the Agreement is deemed to be the date on which the Buyer completes the order form located on the Online Store website, provided that the Buyer receives electronic confirmation of the order from the Seller. Where necessary, at the Buyer’s request, the Agreement may be executed in written form.

3. Placing an Order

3.1. The Buyer places an order in the Online Store independently through the «Cart» form, or by placing an order by e-mail or by telephone at the number indicated in the contacts section of the Online Store.

3.2. The Seller has the right to refuse to hand over an order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts as to its validity.

3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information required by the Seller in order to fulfil the order:

3.3.1. the Buyer’s surname and first name;

3.3.2. the address to which the Goods are to be delivered;

3.3.3. a contact telephone number.

3.4. The name, quantity, article number and price of the Goods selected by the Buyer are stated in the Buyer’s cart on the Online Store website.

3.5. If either Party to the agreement requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the required information, the Seller bears no responsibility for providing a quality service to the Buyer when purchasing goods in the online store.

3.6. When placing an order through the Seller’s operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4 of this Offer.

3.7. The Buyer accepts the terms of this Offer by entering the relevant data in the registration form on the Online Store website or when placing an Order through an operator. After an Order is placed through an Operator, the Buyer’s data is entered into the Seller’s database.

3.8. The Buyer is responsible for the accuracy of the information provided when placing an Order.

3.9. By concluding the Agreement, that is, by accepting the terms of this proposal (the proposed terms for acquiring the Goods) through placing an Order, the Buyer confirms the following:

a) the Buyer is fully and completely familiar with, and agrees to, the terms of this proposal (offer);

b) the Buyer grants permission for the collection, processing and transfer of personal data; the permission to process personal data is valid for the entire term of the Agreement and also for an unlimited period after its expiry. In addition, by concluding the agreement the Buyer confirms that the Buyer has been notified (without further notice) of the rights established by the Law of Ukraine «On the Protection of Personal Data», of the purposes of data collection, and of the fact that the Buyer’s personal data is transferred to the Seller in order to make it possible to perform the terms of this Agreement, to carry out settlements between the parties, and to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to grant access to and transfer the Buyer’s personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a personal data subject under the Law of Ukraine «On the Protection of Personal Data» is known and understood by the Buyer.

4. Price and Delivery of the Goods

4.1 Prices for Goods and services are determined by the Seller independently and are stated on the Online Store website. All prices for Goods and services on the website are stated in hryvnias, VAT included.

4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of an individual unit of Goods, the cost of which has been paid by the Buyer in full, may not be changed by the Seller unilaterally.

4.3. The cost of the Goods stated on the Online Store website does not include the cost of delivering the Goods to the Buyer. The cost of delivering the Goods is paid by the Buyer in accordance with the current tariffs of the delivery services (carriers), directly to the delivery service (carrier) chosen by the Buyer.

4.4. The cost of the Goods stated on the Online Store website does not include the cost of delivering the Goods to the Buyer’s address.

4.5. The Seller may state the approximate cost of delivering the Goods to the Buyer’s address upon the Buyer’s request to the Seller, made by sending a letter to the Seller’s e-mail address or when placing an order through an operator of the online store.

4.6. The Buyer’s obligations to pay for the Goods are deemed fulfilled from the moment the funds are credited to the Seller’s account.

4.7. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the Online Store website in the «Payment and Delivery» section.

4.8. Upon receiving the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), verify that the Goods conform to the qualitative and quantitative characteristics (name of the goods, quantity, completeness).

4.9. When accepting the Goods, the Buyer or the Buyer’s representative confirms by signature on the sales receipt, or on the order, or on the transport waybill for the delivery of the goods, that the Buyer has no claims regarding the quantity, appearance and completeness of the goods.

4.10. Title and the risk of accidental loss of or damage to the Goods pass to the Buyer or the Buyer’s Representative from the moment the Buyer receives the Goods in the place of delivery of the Goods where the Goods are collected directly from the Seller, or from the moment the Seller hands the goods over to the delivery service (carrier) chosen by the Buyer.

5. Rights and Obligations of the Parties

5.1. The Seller is obliged to:

5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.

5.1.2. Not disclose any private information about the Buyer and not grant access to such information to third parties, except in the cases provided for by law and in the course of fulfilling the Buyer’s Order.

5.2. The Seller has the right to:

5.2.1 Change the terms of this Agreement, as well as the prices for Goods and services, unilaterally, by publishing them on the Online Store website. All changes take effect from the moment of their publication.

5.3 The Buyer undertakes to:

5.3.1 Familiarise themselves, prior to concluding the Agreement, with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the Online Store website.

5.3.2 In order for the Seller to fulfil its obligations to the Buyer, the Buyer must provide all necessary data that unambiguously identifies the Buyer and is sufficient for delivering the ordered Goods to the Buyer.

6. Return of Goods

6.1. The Buyer has the right to return to the Seller a non-food item of proper quality if the item did not satisfy the Buyer in terms of shape, dimensions, colour or size, or if for other reasons it cannot be used by the Buyer for its intended purpose. The Buyer has the right to return an item of proper quality within 14 (fourteen) days, not counting the day of purchase. An item of proper quality is returnable if it has not been used and if its merchantable appearance, consumer properties, packaging, seals and labels have been preserved, as well as the payment document issued to the Buyer for the Goods. The list of goods that are not subject to return on the grounds set out in this clause is approved by the Cabinet of Ministers of Ukraine.

6.2. Refund to the Buyer of the value of an item of proper quality is made within 30 (thirty) calendar days from the moment the Seller receives such Goods, subject to compliance with the requirements set out in clause 6.1 of the Agreement and with the current legislation of Ukraine.

6.3. The value of the goods is refunded by bank transfer to the Buyer’s account.

6.4. The return of Goods of proper quality to the Seller’s address is carried out at the Buyer’s expense and is not reimbursed to the Buyer by the Seller.

6.5. If defects are discovered in the Goods within the established warranty period, the Buyer personally has the right, in the manner and within the time limits established by the legislation of Ukraine, to submit to the Seller the claims provided for by the Law of Ukraine «On the Protection of Consumer Rights». Where claims for the free elimination of defects are submitted, the period for their elimination runs from the date on which the Seller receives the Goods into its possession and obtains physical access to such Goods.

6.6. Claims provided for by the Law of Ukraine «On the Protection of Consumer Rights» are considered by the Seller on condition that the Buyer provides the documents required by the current legislation of Ukraine. The Seller is not liable for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer’s breach of the rules for using or storing the Goods, the actions of third parties, or force majeure.

6.7. The Buyer has no right to refuse goods of proper quality that have individually determined properties, if such goods can be used exclusively by the Buyer who purchased them (including non-standard dimensions, characteristics, appearance, configuration and other features made at the Buyer’s request). Confirmation that the goods have individually determined properties is a difference between the dimensions and other characteristics of the goods and those stated in the online store.

6.8. The return of goods, in the cases provided for by law and by this Agreement, is carried out to the address indicated on the website in the «Contacts» section.

7. Liability

7.1. The Seller is not liable for damage caused to the Buyer or to third parties as a result of improper installation, use or storage of Goods purchased from the Seller.

7.2. The Seller is not liable for improper or untimely fulfilment of Orders and of its obligations where the Buyer has provided inaccurate or erroneous information.

7.3. The Seller and the Buyer are liable for the fulfilment of 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 liability for full or partial failure to fulfil its obligations if such failure is the result of force majeure circumstances such as: war or military action, earthquake, flood, fire and other natural disasters arising independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. The Party unable to fulfil its obligations shall immediately notify the other Party thereof.

8. Confidentiality and protection of personal data.

8.1. By providing personal data on the Online Store website when registering or placing an Order, the Buyer gives the Seller voluntary consent to the processing and use (including transfer) of the Buyer’s personal data, as well as to other actions provided for by the Law of Ukraine «On the Protection of Personal Data», without any limitation on the term of such consent.

8.2. The Seller undertakes not to disclose information received from the Buyer. The provision by the Seller of information to counterparties and third parties acting under a contract with the Seller, including for the fulfilment of obligations to the Buyer, as well as in cases where the disclosure of such information is required by the current legislation of Ukraine, is not considered a breach.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not liable for poor performance or non-performance of its obligations owing to information about the Buyer being out of date or inaccurate.

9. Other Terms

9.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. If a disputed matter is not settled through negotiations, the Buyer and/or the Seller have the right to refer the dispute to the judicial authorities in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to amend this Agreement unilaterally in the manner provided for in clause 5.2.1 of the Agreement. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in the manner provided for by the current legislation of Ukraine.

9.4. This Agreement is drawn up in Ukrainian. Versions of the Agreement in other languages published on the Online Store website are translations and are provided solely for the Buyer’s convenience. In the event of any discrepancy between the texts, the Ukrainian version prevails.

ADDRESS AND BANK DETAILS OF THE SELLER:
LLC «SCIENTIFIC AND PRODUCTION ASSOCIATION «TIHON»»
61001, Kharkiv, Bohdana Khmelnytskoho St., bldg. 27

Account UA093515330000026006052193320 at KHARKIV RD OF JSC CB «PRIVATBANK»

Bank code (MFO) 351533

EDRPOU code 41784315

tel. (093) 1626201