Public Offer Agreement

Under this Agreement, one party, Seller on the one hand, and any person who has accepted the terms and conditions of this Public Offer Agreement - Buyer, on the other hand, hereinafter jointly referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is an official public offer of the Seller to conclude with the Buyers an agreement of sale of the Goods, pictures of which are placed in the relevant section of the Website https://konstruktyv.ua/. The Buyers, when purchasing the Goods, the images of which are posted on the pages of https://konstruktyv.ua/, accept the terms and conditions of this Agreement regarding the following.

1. GENERAL PROVISIONS

1.1 The contractual relationship between the Seller and the Buyer shall be formalised by means of a Public Offer Agreement. Clicking on the page of the Website https://konstruktyv.ua/ in the appropriate section of the button "ORDER" means that the Buyer, regardless of status (natural person, legal entity, private entrepreneur), according to the current international and Ukrainian legislation, has accepted to fulfil the following public offer agreement.

1.2 The Public Offer Agreement is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms and conditions are the same for all Buyers regardless of status (natural person, legal entity, private entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and conditions and procedure of ordering, payment and delivery of goods by the Seller, liability for bad faith Order and failure to fulfil the terms of this Agreement.

1.3 This Agreement shall come into force from the moment the Buyer clicks on the "ORDER" button, by which the Buyer agrees to purchase the Goods available from the Seller, and shall remain in force until the Buyer receives the Goods from the Seller and makes full payment to the Seller.

1.4 To regulate contractual legal relations under the Agreement, the Parties shall choose and, if necessary, apply Ukrainian legislation. If an international treaty, agreed to be bindingby the Verkhovna Rada of Ukraine, establishes other rules than those established by the Ukrainian legislation, the rules of the international treaty shall be applied.

2. TERMS AND DEFINITION

"Public Offer Agreement" means a public agreement, a sample of which is available on the Website https://konstruktyv.ua/ and the application of which is binding on all Buyers, containing the Seller's offer to purchase the Goods, the image of which is available on the Website https://konstruktyv.ua/, sent to an indefinite number of persons, including Buyers.

"Acceptance". - acceptance by the Buyer of the Seller's offer to purchase the Goods or services, the image of which is placed on the Website https://konstruktyv.ua/.

"Goods" means the item of trade (building materials, tools, consumables and other items of trade) for the purchase of which the Seller's offer is displayed on the Website https://konstruktyv.ua/.

"Buyer" - any capable natural person, legal entity, natural person-entrepreneur, according to the current international and Ukrainian legislation, who visited the Website https://konstruktyv.ua/ and intends to purchase this or that Good or Service.

"Order" - a duly executed and placed on the Website https://konstruktyv.ua/ application of the Buyer for purchase of Goods or Services addressed to the Seller.

"Legislation" - norms established by Ukrainian or international legislation to regulate contractual legal relations under the Agreement.

"Material defect of the Goods" - a defect excluding or inadmissible to use the Goods in accordance with its intended purpose, occurred through the fault of the manufacturer (Seller), after its elimination, it appears again for reasons independent of the consumer.

3. SUBJECT OF THE AGREEMENT

3.1 The Seller undertakes to sell the Goods on the basis of the Order placed by the Buyer on the corresponding page of the Website https://konstruktyv.ua /, and the Buyer undertakes to purchase the Goods or Services and pay money for them on the terms and conditions and in accordance with the procedure specified in this Agreement.

3.2 The Seller warrants that the Goods or Services are not pledged, are not the subject of a dispute, are not under arrest, and there are no third-party rights to them.

3.3 The Seller and the Buyer confirm that the valid Agreement is not a sham or sham transaction or a transaction made under the influence of pressure or deceit including:

• Buyer's voluntary selection of goods;
• Buyer's independent order placement;
• payment by the Buyer of the placed order;
• processing and delivery of the order to the Buyer on the terms and conditions of this Agreement.

3.4 The Seller confirms that it has all necessary permits for economic activity, regulating the sphere of legal relations arising and acting in the process of fulfilment of this Agreement, and also guarantees that it has the right to produce and/or sell goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer's rights in the process of fulfilment of this Agreement and sale of Goods or Services.

4. RIGHTS AND OBLIGATIONS OF THE SELLER

4.1 The Seller shall:

• fulfil the terms and conditions of this Agreement;
• fulfil the Buyer's orders upon receipt of payment from the Buyer;
• to transfer the Goods or Service to the Buyer according to the selected sample on the relevant page of the Website https://konstruktyv.ua/, the order placed and the terms and conditions of this Agreement;
• check the qualitative and quantitative characteristics of the Goods when packing them in the warehouse.

4.2 The Seller has the right to:

• unilaterally suspend the provision of services under this Agreement in case of the Buyer's violation of the terms of this Agreement.

4.3. Seller: KONSTRUKTYV BTB LLC, 03056, BC "HUB 4.0, CAMPUS, 14, Nizhnekluchev Street, Kyiv, tel: +38(067) 382 12 33, +38(050) 456 34 06, e-mail: zamovlennya@konstruktyv.ua. 5.

5. RIGHTS AND OBLIGATIONS OF THE BUYER

5.1 The Buyer shall: timely pay for and receive orders under the terms of this Agreement; familiarise himself with the information about the Goods posted on the Website https://konstruktyv.ua/; upon receipt of the Goods from the person who delivered them, make sure of the integrity and completeness of the Goods by examining the contents of the package. In case of damage or incomplete completion of the Goods - to fix them in the act, which together with the Buyer shall be signed by the person who delivered the Goods to the Buyer.

5.2 The Buyer has the right to: place an order on the relevant page of the website https://konstruktyv.ua/; and demand from the Seller to fulfil the terms and conditions of this Agreement.

6. ORDER PLACEMENT PROCEDURE

6.1 The Buyer shall independently place orders on the relevant page of the Website https://konstruktyv.ua/ by adding the "Order" button, or by placing an order by e-mail or by phone number specified in the contact section of the Website https://konstruktyv.ua/.

7. PRICE OF THE AGREEMENT AND PAYMENT PROCEDURE

7.1 The price of each individual Good or Service shall be determined by the Seller.

7.2 The price of the Order may vary depending on the price, quantity or nomenclature of the Goods or Services.

7.3 The Buyer may pay for the Order by bank transfer to the Seller's current account specified in the invoice, including via Internet banking.

8. TERMS OF DELIVERY OF GOODS

8.1 The Buyer shall receive the goods by delivery or receive them personally. The procedure for payment and collection is set out on the relevant page of the Website https://konstruktyv.ua/

8.2 When delivering the Goods to other cities of Ukraine or on the territory of another country, performed by other Delivery Services (hereinafter referred to as the Carrier Company), the Buyer fully and unconditionally agrees with the Rules of Carriage of Goods by these Carrier Companies.

8.3 The fact of receipt of the Goods and absence of claims to the quality of the delivered Goods. Carrier Companies, the Buyer confirms with its own signature in the delivery note, declaration of the Carrier Company, or in the delivery note upon receipt of the Goods. For its part, the Seller warrants that the Goods will be shipped to the Carrier Company in the quantity specified and paid for by the Buyer, complete in accordance with the specification of the Goods and in proper (working) condition and quality.

8.4 Any questions arising in the process of payment and receipt of the Goods can be clarified by the Buyer at the contact details in the Contact Us section.

9. TERMS OF RETURNING THE GOODS

9.1 According to Article 9 of the Law of Ukraine "On Protection of Consumer Rights", the Buyer has the right to exchange the Goods of proper quality within fourteen days, excluding the day of purchase, unless a longer period is announced by the Seller. The Buyer has the right to exchange the Goods subject to the provisions of the legislation on the grounds and list of Goods not subject to exchange (return).

9.2 If the Buyer intends to return the Goods, he/she may contact the company's representatives at the contact details in the Contacts section.

9.3 In case of any defects, the Buyer is obliged to fix it in an arbitrary act. The act shall be signed by the Buyer and the person who delivered the Goods or by the Seller. If possible, the defects shall be fixed by means of photo or video recording. Within 1 (one) day, the Buyer shall notify the manager (the Seller's representative responsible for ordering the Goods) of the defects and agree on the replacement of the Goods.

9.4 The Parties have agreed that in case of non-compliance with the mandatory requirements of the above procedure, the Buyer shall be deemed to have received the Goods in proper condition - without any mechanical damage and fully complete.

10. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION

10.1 The Parties shall be liable for non-fulfilment or improper fulfilment of the terms and conditions of this Agreement in accordance with the procedure stipulated by this Agreement and the current international and Ukrainian legislation.

10.2 In case of disputes related to the performance of this Agreementby the Parties, except for disputes on debt recovery from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The claim shall be considered within 7 (seven) calendar days from the date of its receipt. In disputes in connection with debt collection from the Buyer, compliance with the claim procedure is not required

10.3 All disputes, disagreements or claims arising out of or in connection with this Agreement, in particular those relating to its performance, breach, termination or invalidity, shall be settled in the appropriate court in accordance with international and Ukrainian substantive and procedural law.

11. FORCE MAJEURE

11.1 The Parties shall not be liable for failure to fulfil any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, i.e. events or circumstances that are truly beyond the control of such Party, occurred after the conclusion of this Agreement, are unpredictable and unavoidable. Force Majeure includes, but is not limited to, natural disasters, strikes, fires, floods, explosions, icing, wars (whether declared or undeclared), riots, loss of goods, carrier delays caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, catastrophes, restrictions imposed by governmental authorities (including allocations, priorities, official requirements, quotas and price controls) if these circumstances have directly affected the performance of this Agreement

11.2 The Party for which it has become impossible to fulfil its obligations under this Agreement due to force majeure shall immediately inform the other Party in writing of the occurrence of the above circumstances and, within 30 (thirty) calendar days, provide the other Party with a confirmation of force majeure. Such confirmation shall be a certificate, certificate or other relevant document issued by an authorised state body located in the place of force majeure.

11.3 The time required for the Parties to fulfil their obligations under this Agreement will be extended for any period during which performance was delayed due to the circumstances listed above.

11.4 If, due to force majeure circumstances, the failure to fulfil the obligations under this Agreement lasts for more than three months, each of the Parties shall have the right to terminate this Agreement unilaterally by giving written notice to the other Party. Notwithstanding the occurrence of force majeure, prior to termination of this Agreement as a result of force majeure, the Parties shall make final mutual settlements.

12. OTHER TERMS AND CONDITIONS OF THE AGREEMENT

12.1 The information provided by the Buyer is confidential. The information about the Buyer is used exclusively for the purpose of fulfilment of his Order (sending a message to the Seller about ordering Goods or Services, sending advertising messages, etc.).

12.2 By accepting the Agreement on the Website https://konstruktyv.ua/, the Buyer voluntarily consents to the collection and processing of his/her personal data for the following purposes: the data becoming known will be used for commercial purposes, in particular for processing orders for the purchase of Goods, receiving information about the Order, sending by telecommunication means (e-mail, mobile phone) promotional and special offers, information about promotions, drawings or any other. For the purposes provided for in this clause, the Buyer shall be entitled to send letters, messages and materials to the Buyer's postal address and e-mail address, as well as to send SMS messages and make calls to the telephone number specified in the questionnaire.

12.3 The Buyer grants the right to process his personal data, in particular: to place personal data in databases (without further notice thereof), to carry out lifelong storage of data, their accumulation, updating, modification (if necessary). The Seller undertakes to ensure data protection from unauthorised access of third parties, not to distribute and not to transfer data to any third party (except for the transfer of data to related parties, commercial partners, and persons authorised by the Seller to perform direct processing) data for the specified purposes, as well as at the mandatory request of a competent state authority).

12.4 In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials and sending it to the postal or e-mail address.

12.5 The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information provided when placing an order.