THE QUIET CODE

PUBLIC OFFER AGREEMENT

Website https://cover-apparel.com (hereinafter - "Website" ) and Instagram profile https://instagram.com/cover.apparel.ua (hereinafter - "Profile" ) management is conducted by an individual entrepreneur (FOP) Fedorova Anastasia Volodymyrivna, (Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations № 20670000000175506 dated 11.07.2019), which is registered and operates in accordance with the requirements of the legislation of Ukraine (hereinafter - the "Seller"). This Public Offer Agreement (hereinafter - the "Offer", "Agreement" ) is a Seller’s official open offer to enter into a remote sales Agreement, by placing an order using the Website or the Seller's Profile.

1. DEFINED TERMS

1.1. This section sets out the meaning of the following terms and definitions used in this Agreement.

1.1. "Order" - a duly executed Buyer’s request for goods purchase, addressed to the Seller.

1.2. "Buyer" - a person who carries out the Order and intends to purchase / purchases the Goods offered for sale by the Seller and presented in the Profile or on the Website.

1.3. "Seller" - a person who manages the Profile and the Website, namely, an  individual entrepreneur (FOP) Fedorova Anastasia Volodymyrivna .

1.4. "Offer" - information about the Goods posted by the Seller in the Profile, on the Website and in this Offer and previously agreed with the Buyer, which includes information about the Goods, its price, payment and delivery methods, as well as other conditions of purchase.

1.5. "Profile" - the Seller's account on the "Instagram" social network, which can be accessed via the link https://instagram.com/cover.apparel.ua  and contains Goods and Offers description, this Offer etc. on some of its pages (sections).

1.6. "Website" – collection of web pages that is identified by the domain name of https://cover - apparel. https://cover-apparel.com/comhttps://cover-apparel.com/ and managed by the Seller, which includes all the posted information, in particular, information about the Goods and Offers, as well as informational and technical means.

1.7. "Delivery service" - a third party logistics, courier and / or postal delivery services provider.

1.8. "Goods" - a material object offered for sale by the Seller and posted on the Profile or Website, which is described in the current Offer.

1.9. "Financial Agent" – a company that provides an Internet payment service, which can be integrated into the Website’s functionality and used by the Customer to pay for Contractor’s services.

1.2. Terms used but not defined in this Offer, shall have the meanings ascribed to them by the current legislation of Ukraine or, if not applicable, - by common sense.

2. THE SCOPE OF THE OFFER

2.1. The Seller obliges to transfer the ownership of Goods to the Buyer, and Buyer obliges to accept the relevant Goods and pay for it a certain amount of money on the terms agreed by this Offer.

3. TERMS OF THE OFFER ACCEPTANCE

3.1. The person who accepted the offer acquires all the rights and obligations of the Buyer in accordance with Art. 638 of the Civil Code of Ukraine (hereinafter - the "Civil Code of Ukraine").

3.2. Offer acceptance by the Buyer is carried out by accepting the terms of payment and delivery, as well as other terms of purchase of the relevant Goods offered by the Seller in the Offer.

3.3. The Offer is considered being accepted by the Buyer when the Buyer has paid the full price of the Goods to the Seller’s current bank account, which is considered a complete and unconditional response of the Buyer to accept the Offer, in accordance with Part 1 of Art. 642 of the Civil Code of Ukraine.

4. PLACING THE ORDER IN THE PROFILE

4.1. To place an Order in the Seller's Profile, the Buyer sends the Seller information about the latter's Offer and notice of intent to purchase the Goods presented in the relevant Offer by sending message to Seller’s Profile via "Instagram" social network.

4.2. When the availability of Goods, presented in the relevant Offer, is confirmed, the Buyer then provides the Seller with information required for placing the Order, namely: surname, name and patronymic of the Buyer, mobile phone number, e-mail address, delivery details (address, collecting point, etc.).

4.3. The Buyer is responsible for the correctness and accuracy of the information provided to the Seller when placing the Order. In case the information provided by the Buyer is inaccurate, the latter reimburses all costs which the Seller became liable for due to inaccurate information from the Buyer.

4.4. The information mentioned in p.4.2. shall be provided by the Buyer within 1 working day from the moment of confirmation by the Seller of the availability of Goods presented in the relevant Offer. In case of failure to provide such information, the Seller has the right to refuse the Buyer in Order placement if the relevant Goods is out of stock.

4.5. Based on the results of providing the information required in p.4.2., the Seller provides the Buyer with the payment details to enable the payment within the time frame and on the terms specified by the relevant Offer.

4.6. The order is considered to be duly executed from the moment when payment for the Goods is made under the conditions mentioned in p.6.4.1 of this Offer.

5. PLACING THE ORDER ON THE WEBSITE

5.1. To place an Order on the Seller's Website, the Buyer selects the Goods presented in the relevant Offers on the Website, which the Buyer has an intention to purchase. The goods are selected by following the link under "Add to cart" button for each individual goods item.

5.2. Placing an Order for the selected Goods is carried out by following the link under "Check out" button and providing information in the check out form, namely: name, surname of the Customer, his/her phone number and e-mail address, the delivery method.

5.3. The Buyer is responsible for the correctness and accuracy of the information provided to the Seller when placing the Order. In case the information provided by the Buyer is inaccurate, the latter reimburses all costs which the Seller became liable for due to inaccurate information from the Buyer.

5.4. According to the results of the Customer's actions mentioned in p.5.2. of this Offer, the Seller confirms the order by making a call to the Customer's phone number. If the Customer chooses "Do not call me back to clarify the order" option, the Seller has the right not to confirm the order.

5.5. The order is considered to be duly executed from the moment when payment for the Goods is made under the conditions mentioned in p.6.4.1. of this Offer.

6. PRICE AND PAYMENT TERMS 

6.1. The price of the Goods is determined by the Offer at the time of Order placement and does not include cost of Goods delivery to the Buyer.

6.2. All costs associated with the Goods delivery to the Buyer, in particular, but not exclusively by the Delivery Service, shall be covered by the Buyer.

6.3. The Buyer pays the Goods price in national currency of Ukraine - hryvnia.

6.4. In accordance with the conditions specified in the Offer, the Buyer makes the payment for the Goods in the following ways:

6.4.1. If an Order is placed in the Profile - full payment of the Goods price should be made via non-cash bank transaction to Seller’s bank account specified in Section 12 "SELLER’S BANK DETAILS", prior to Seller’s fulfilment of their obligation to transfer the Goods to the Buyer.

6.4.2. If an Order is placed on the Website – full payment of the Goods price should be made via the Financial Agent’s service by filling out the relevant sections of the payment form, prior to Seller’s fulfilment of their obligation to transfer the Goods to the Buyer.

6.5. When making the full Goods price payment via non-cash bank transaction to Seller’s bank account specified in Section 12 "SELLER’S BANK DETAILS", the Buyer must indicate the following information in the "Purpose of payment" section: name, surname and patronymic, telephone number and details of the relevant Order. If the Buyer does not provide the specified information or provides wrong information, then the Seller is not responsible for a possible delay of the Goods transfer or additional costs caused by the Buyer’s actions.

6.6. The Seller reserves the right to withhold the Goods delivery until payment is made by the Buyer, as specified by the relevant Offer.

7. GOODS DELIVERY

7.1. Terms of goods delivery are determined by the Delivery service’s regulations.

7.2. The Seller is obliged to transfer the Goods to the Delivery Service within 5 ( five ) working days from the date when the payment of the Good’s full price and on the terms specified in p.6.4.1, 6.4.2 was made by the Buyer. In case of any circumstances that complicate the Goods transfer, the Seller has the right to transfer the Goods within 7 (seven) working days, provided that the Buyer  was prior informed of the relevant circumstances.

7.3. In accordance with the terms specified in the Offer, the Buyer has the right to choose a delivery method mentioned in the Offer. The Seller is not responsible for the situation when Goods delivery cannot be accomplished by the method chosen by the Buyer, due to circumstances caused by the actions of the Delivery Service.

7.4. The Seller is believed to have fulfilled its obligation to transfer the Goods to the Buyer when the Goods is provided to the relevant Delivery Service for shipment.

7.5. The Seller is not responsible for the actions of the Delivery Service related to Goods transfer to the Buyer.

7.6. When receiving the Goods, the Buyer should conduct an inspection to verify the Goods are not damaged and, in case of spotting the defects, submit a claim to the Delivery Service and sign a damage report or any other document confirming the improper quality of the Goods.

7.7. The Buyer's claims regarding visible defects of the Goods, their completeness and quality are not accepted after receipt / acceptance of the Goods by the Buyer.

8. TERMS OF GOODS RETURN

8.1. If the available Goods do not meet the Buyer’s expectations, the latter has the right to return the purchased Goods of proper quality within 14 (fourteen) calendar days from the date of receipt, subject to the "Consumer Rights Protection" Legislative Act of Ukraine.

8.2. The Buyer can return the Goods in one of the following ways:

8.2.1. By transfering the Goods to the Seller’s address, which is previously agreed between the Seller and the Buyer via online messaging to the Seller's Profile;

8.2.2. By transfering the Goods to the Seller's address via Delivery Service at the expense of the Buyer.

8.3. A refund for returned Goods shall be made within 14 (fourteen) working days from the date when the Seller has received the relevant Goods.

9. CONFIDENTIALITY AND PERSONAL DATA

9.1. Personal data provided by the Buyer is confidential information. The Seller uses this information to fulfill the Buyer's Order, unless otherwise specified in the agreement between them.

9.2. By providing personal data for the purpose of placing an Order, the Buyer consents to the Seller to collect and process his/her personal data for the following purposes: accepting and executing the Buyer's Order, providing information about Seller’s promotions and special offers or any other information related to Seller’s marketing activities. 

9.3. With the purpose specified in p.9.1, the Seller has the right to send e-mails or SMS messages and call the Buyer’s phone number specified in the order details.

9.4. The Buyer allows the Seller to process his personal data by various means, including, but not limited to: adding the Buyer’s personal data to a database and storing, updating or modifying it (without further notice). The seller obliges to provide data protection from unauthorized access by third parties, and not to release the data except for cases when this is necessary for data direct processing or at the request of the competent state authorities.

9.5. If the Buyer does not wish to receive the information mentioned in p.9.2., he/she has the right to refuse it by notifying the Seller.

10. SETTLEMENT OF DISPUTES

10.1. All disputes arising out of or relating to this Offer shall be resolved through peaceful negotiations between the Parties. The Contractor shall make every effort to settle disputes between the Parties.

10.2. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the legislation of Ukraine.

11. FINAL PROVISIONS

11.1. The Agreement shall enter into force upon acceptance of the Offer by the Customer and shall remain in force until the Parties have fully fulfilled their obligations.

11.2. In case of failure to perform this Agreement due to any force majeure that the Parties could neither foresee nor prevent, and that affected the Parties' performance of their obligations under this Agreement, neither Party shall be liable for such failure. Circumstances of force majeure are external and extraordinary events, including war or hostilities, riots, mobilization, diseases, epidemics, fires, explosions, natural disasters, and their consequences that directly affected the implementation of the terms of this Treaty.

11.3. The current version of the Public Offer Agreement can be found in the Profile and on the Website or its attachments.

11.4. All proposals or questions under this Agreement are reported via the feedback specified in the Profile and on the Website.

11.5. The text of the offer is in English.

12. SELLER’S INFORMATION

Individual entrepreneur (FOP) Fedorova Anastasia Volodymyrivna

Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations № 20670000000175506 dated 11.07.2019

IBAN UA 423220010000026003310030052