Public Offer Agreement of the Online Store gordigroup.com.ua for the Sale of Goods

This Agreement is an official and public offer of the Seller to enter into a sale and purchase agreement for the Goods presented on the website gordigroup.com.ua. This Agreement is public, meaning that, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of their status: an individual, a legal entity or an individual entrepreneur, without giving preference to one Buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and procedure for placing an order, payment for the Goods, delivery of the Goods, return of the Goods, liability for improper ordering and all other terms of the Agreement. The Agreement is considered concluded from the moment the Buyer clicks the “Confirm Order” button on the checkout page in the “Cart” section and receives electronic confirmation of the order from the Seller.

1. Definitions

1.1. Public Offer, hereinafter referred to as the “Offer”, means a public proposal of the Seller addressed to an indefinite number of persons to enter into a distance sale and purchase agreement for goods with the Seller, hereinafter referred to as the “Agreement”, under the terms set out in this Offer.

1.2. Goods means the subject of the transaction between the Parties, which has been selected by the Buyer on the Online Store website and placed in the cart, or has already been purchased by the Buyer from the Seller remotely.

1.3. Online Store means the Seller’s website located at gordigroup.com.ua, created for the conclusion of retail and wholesale sale and purchase agreements based on the Buyer’s review of the Goods description offered by the Seller via the Internet.

1.4. Buyer means a legally capable individual who has reached the age of 18 and receives information from the Seller, places an order for the purchase of Goods presented on the Online Store website, or a legal entity or an individual entrepreneur.

1.5. Seller means GORDI GROUP LLC, Tax ID / EDRPOU 449475823235, a legal entity operating in accordance with the current legislation of Ukraine.

1.6. Order means a duly completed request of the Buyer for the purchase and delivery of Goods selected on the Online Store website.

2. Subject of the Agreement

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 Agreement.

2.2. The date of conclusion of the Offer Agreement, the acceptance of the Offer and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall 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. If 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 independently in the Online Store through the “Cart” form or places an order by email or by the phone number specified in the Contacts section of the Online Store.

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

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

3.3.1. the Buyer’s surname and first name;

3.3.2. the address to which the Goods should be delivered, if delivery is made to the Buyer’s address;

3.3.3. contact phone number;

3.3.4. identification code for a legal entity or individual entrepreneur, if the order is placed on behalf of a legal entity or individual entrepreneur.

3.4. The name, quantity, article number and price of the Goods selected by the Buyer are indicated 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 necessary information, the Seller shall not be liable for the inability to properly fulfill the order.

3.6. When placing an order through the Seller’s operator, 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 into the order form on the Online Store website or by placing an order through the operator. After an order is placed through the 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 the order.

3.9. By entering into the Agreement, that is, by accepting the terms of this Offer by placing an order, the Buyer confirms that:

3.9.1. the Buyer has fully read and agrees to the terms of this Offer;

3.9.2. the Buyer gives consent to the collection, processing, storage and use of personal data within the scope necessary for placing, confirming, paying for, delivering and fulfilling the order. By entering into the Agreement, the Buyer confirms that they have been informed of the rights established by the Law of Ukraine “On Personal Data Protection”, of the purpose of data processing, and that their personal data may be transferred to delivery services, payment services, banking institutions and other contractors of the Seller solely to the extent necessary for the performance of this Agreement, settlement of payments, receipt of invoices, acts and other documents.

4. Price, Payment and Delivery of Goods

4.1. The prices of Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices of Goods and services on the website are stated in Ukrainian hryvnia.

4.2. The Seller may change the prices of Goods and services unilaterally depending on market conditions. However, the price of a specific unit of Goods that has already been fully paid for by the Buyer may not be changed by the Seller unilaterally.

4.3. The price of the Goods indicated on the Online Store website does not include the cost of delivery to the Buyer. Delivery costs are paid by the Buyer separately according to the tariffs of the selected delivery service, unless otherwise agreed with the Seller when placing the order.

4.4. Orders are delivered within the territory of Ukraine by Nova Poshta or by another delivery method agreed with the Seller. The Buyer may choose a convenient delivery option when placing the order or agree on it with the Seller’s manager after the order has been confirmed.

4.5. The order may be delivered to a branch, parcel locker or by courier to the Buyer’s address, depending on the availability of the selected delivery service, the dimensions of the Goods and the destination.

4.6. Orders are dispatched within 1-2 business days after the order has been confirmed and a partial prepayment has been made, if such prepayment is required under the terms of the order. Orders placed on weekends or public holidays are processed on the next business day.

4.7. Delivery time depends on the selected delivery service, the destination, the dimensions of the Goods and the workload of the carrier. The estimated delivery time within Ukraine is usually from 1 to 5 business days, unless otherwise agreed with the Seller when placing the order.

4.8. The delivery cost is not included in the price of the Goods and is determined according to the tariffs of the selected delivery service. For oversized, bulky or non-standard Goods, including artificial Christmas trees, decorative structures, lighting products and other similar Goods, the delivery cost may be calculated individually.

4.9. Orders are dispatched only after a partial prepayment has been made, if such prepayment is required under the terms of the order. The remaining amount may be paid upon receipt of the order through the delivery service or by another payment method agreed with the Seller.

4.10. Payment for the Goods may be made by one of the payment methods available on the Online Store website or agreed with the Seller’s manager, including online payment by bank card, cash on delivery upon receipt of the order, or bank transfer to the account of GORDI GROUP LLC according to the payment details provided after order confirmation.

4.11. The Buyer’s payment obligation for the Goods shall be deemed fulfilled from the moment the funds are credited to the Seller’s account.

4.12. Payments between the Seller and the Buyer for the Goods shall be made using the payment methods specified on the Online Store website in the “Payment and Delivery” section.

4.13. Upon receipt of the Goods, the Buyer must check, in the presence of the delivery service representative, whether the Goods correspond to the order, whether the packaging is intact, and whether the quantity, completeness and external condition of the Goods are proper.

4.14. By accepting the Goods, the Buyer or the Buyer’s representative confirms that they have no claims regarding the quantity, appearance or completeness of the Goods, unless otherwise recorded in the carrier’s report at the time of receipt.

4.15. Ownership and the risk of accidental loss of or damage to the Goods shall pass to the Buyer from the moment the Goods are actually received by the Buyer or the Buyer’s representative, unless otherwise provided by the applicable legislation of Ukraine.

5. Rights and Obligations of the Parties

5.1. The Seller undertakes 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 the Buyer’s private information or provide access to such information to third parties, except in cases provided for by the legislation of Ukraine and necessary for the fulfillment of 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 of Goods and services, unilaterally by posting the relevant changes on the Online Store website. All changes shall take effect from the moment of their publication.

5.2.2. Refuse to process or fulfill the Buyer’s order if the Buyer provides incomplete, inaccurate or incorrect information necessary for the fulfillment of the order.

5.3. The Buyer undertakes to:

5.3.1. Read the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the Online Store website before entering into the Agreement.

5.3.2. Provide all necessary data that clearly identifies the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.

5.3.3. Pay for the Goods in the manner and under the terms defined by this Agreement and agreed when placing the order.

5.3.4. Inspect the Goods upon receipt in the presence of the delivery service representative.

6. Return of Goods

6.1. The Buyer has the right to return non-food Goods of proper quality to the Seller if the Goods do not satisfy the Buyer in terms of shape, dimensions, style, color, size or for other reasons cannot be used by the Buyer for their intended purpose. The Buyer has the right to return Goods of proper quality within 14 (fourteen) days, excluding the day of purchase. Goods of proper quality may be returned if they have not been used, their marketable appearance, consumer properties, packaging, seals, labels and the payment document issued to the Buyer for payment of the Goods have been preserved. The list of Goods that are not subject to return on the grounds specified in this clause is approved by the Cabinet of Ministers of Ukraine.

6.2. The refund of the cost of Goods of proper quality to the Buyer shall be made within the period established by the current legislation of Ukraine, but no later than 7 (seven) days from the date of termination of the Agreement and receipt of such Goods by the Seller, provided that the requirements set out in clause 6.1 of this Agreement and the current legislation of Ukraine are met.

6.3. The cost of the Goods shall be refunded by bank transfer to the Buyer’s account.

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

6.5. If defects are discovered in the Goods during the established warranty period, the Buyer, in the manner and within the time limits established by the legislation of Ukraine, has the right to submit claims to the Seller as provided by the Law of Ukraine “On Consumer Rights Protection”. When claims for free elimination of defects are submitted, the period for their elimination shall be calculated from the date on which the Seller receives the Goods at its disposal and obtains physical access to such Goods.

6.6. Consideration of claims provided for by the Law of Ukraine “On Consumer Rights Protection” shall be carried out by the Seller subject to the Buyer providing the documents required by the current legislation of Ukraine. The Seller shall not be liable for defects in the Goods that occurred after their transfer to the Buyer as a result of the Buyer’s violation of the rules of use or storage of the Goods, actions of third parties or force majeure.

6.7. The Buyer has no right to refuse Goods of proper quality that have individually defined properties, if such Goods can be used exclusively by the Buyer who purchased them, in particular if the Goods were manufactured or modified at the Buyer’s request with non-standard dimensions, characteristics, appearance, configuration, etc. Confirmation that the Goods have individually defined properties is the difference in the dimensions of the Goods and other characteristics from the standard characteristics indicated in the Online Store.

6.8. The return of Goods in the cases provided for by law and this Agreement shall be carried out to the address indicated on the website in the “Contacts” section.

7. Liability

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

7.2. The Seller shall not be liable for improper or untimely fulfillment of orders and its obligations if the Buyer provides inaccurate, incomplete or erroneous information.

7.3. The Seller and the Buyer shall be liable for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer shall be released from liability for full or partial non-fulfillment of their obligations if such non-fulfillment is the result of force majeure circumstances, including war or military actions, earthquake, flood, fire, other natural disasters and circumstances that arose independently of the will of the Seller and the Buyer after the conclusion of this Agreement. The Party that is unable to fulfill its obligations must notify the other Party thereof.

8. Confidentiality and Personal Data Protection

8.1. By providing personal data on the Online Store website during registration or when placing an order, the Buyer gives the Seller voluntary consent to process, store, use and transfer their personal data within the scope necessary for placing, confirming, paying for, delivering and fulfilling the order, warranty service, return of Goods and compliance with the requirements of the current legislation of Ukraine.

8.2. The Seller undertakes not to disclose the information received from the Buyer. Providing information by the Seller to delivery services, payment services, banking institutions, service partners and other contractors acting under an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where disclosure of such information is required by the current legislation of Ukraine, shall not be considered a violation.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller shall not be liable for improper performance or non-performance of its obligations due to the Buyer’s information being outdated or inaccurate.

9. Other Terms

9.1. This Agreement is concluded in the territory of Ukraine and is governed by the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If the disputed issue cannot be settled through negotiations, the Buyer and/or the Seller have the right to apply 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 this Agreement. Amendments to the Agreement may also be made by mutual agreement of the Parties in the manner provided for by the current legislation of Ukraine.

10. Seller’s Address and Payment Details

Seller: GORDI GROUP LLC

Tax ID / EDRPOU: 449475823235

IBAN: UA593052990000026004001612601

Bank: JSC CB “PRIVATBANK”

MFO: 305299