Public Offer Agreement

1. General Provisions

1.1. This offer is an official proposal by "NEWBORN K" (Sole Proprietor Amegan Annette Mauanam Sezenuivna Tax ID 3368316041), hereinafter referred to as the "Seller," to conclude a Distance Sales Agreement for goods, i.e., through an online store, hereinafter referred to as the "Agreement," and places a Public Offer on the Seller's official website https://newbornk.com (hereinafter - the "Website").

1.2. The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic goods sales agreement is considered to be the Buyer's placement of an order under the terms of this Agreement, within the timeframe and at the prices specified on the Seller's Website.

2. Concepts and Definitions

2.1. In this offer, unless the context requires otherwise, the terms below have the following meanings:

* "Goods" - models, accessories, clothing, and accompanying items;

* "Online Store" - in accordance with the Law of Ukraine "On Electronic Commerce," a means for presenting or selling goods, works, or services by conducting an electronic transaction.

* "Seller" - a company that sells goods presented on the Website.

* "Buyer" - an individual who has entered into an Agreement with the Seller under the terms set forth below.

* "Order" - the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.

3. Subject of the Agreement

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

This Agreement governs the purchase and sale of goods in the Online Store, including:

- the Buyer's voluntary selection of goods in the Online Store;

- the Buyer's independent placement of an order in the Online Store;

- the Buyer's payment for the order placed in the Online Store;

- processing and delivery of the order to the Buyer for ownership under the terms of this Agreement.

4. Order Placement Procedure

4.1. The Buyer has the right to place an order for any goods presented on the Online Store's Website and available.

4.2. Each item can be represented in the order in any quantity.

4.3. In the absence of goods in stock, the company Manager is obliged to inform the Buyer (by phone or email).

4.4. In the absence of goods, the Buyer has the right to replace them with goods of a similar model, refuse the given goods, or cancel the order.

5. Order Payment Procedure:

Cash on delivery

5.1. Payment is made upon receipt of the goods at the transport company's branch (courier service) by cash/non-cash payment in hryvnias.

Non-cash

5.2. Payment is made by bank transfer according to the seller's details, or using payment services for accepting electronic payment methods and cards (LiqPay, NovaPay, MonoPay, etc.)

5.3. If funds are not received, the Online Store reserves the right to cancel the order.

6. Order Delivery Terms

6.1. Delivery of goods purchased in the Online Store is carried out to the warehouses of transport companies, where orders are issued.

6.2. Along with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine. For "cash on delivery" payments: at the time of payment for the goods at the point where the transfer from the transport company (courier service) takes place, the Buyer will receive an SMS message with a link to the electronic fiscal receipt. For non-cash payments, the Buyer receives an SMS message with a link to the electronic fiscal receipt immediately after the Seller receives payment. If necessary, the Buyer can receive a paper fiscal receipt or other documents dictated by the Laws of Ukraine, based on the Buyer's legal status and payment method.

7. Rights and Obligations of the Parties:

7.1. The Seller has the right to:

- unilaterally terminate the provision of services under this agreement in case of violation by the Buyer of the terms of this agreement.

7.2. The Buyer is obliged to:

- timely pay for and receive the order under the terms of this agreement.

7.3. The Buyer has the right to:

- place an order in the Online Store;

- conclude an electronic agreement;

- receive a settlement document confirming the transfer of ownership of the goods (receipt, invoice);

- demand that the Seller fulfill the terms of this Agreement.

8. Responsibility of the Parties

8.1. The parties are responsible for non-performance or improper performance of the terms of this agreement in the manner provided by this agreement and current legislation of Ukraine.

8.2. The Seller is not responsible for:

- the changed appearance of the Goods by the manufacturer;

- minor discrepancies in the color scheme of the goods, which may differ from the original goods solely due to different color rendering of individual computer monitors;

- the content and truthfulness of the information provided by the Buyer when placing an order;

- delays and disruptions in the provision of Services (order processing and goods delivery) that occur due to reasons beyond its control;

- illegal actions committed by the Buyer through this access to the Internet;

- the transfer by the Buyer of their network identifiers - IP, MAC address, login, and password to third parties;

8.3. The Buyer, using the Internet access provided to them, is solely responsible for the damage caused by their actions (personally, even if another person was logged in under their account) to individuals or their property, legal entities, the state, or moral principles.

8.4. In the event of force majeure circumstances, the parties are released from fulfilling the terms of this agreement. For the purposes of this agreement, force majeure circumstances are understood as events of an extraordinary, unforeseen nature that exclude or objectively prevent the performance of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.

8.5. The parties make every effort to resolve any disputes exclusively through negotiations.

9. Other Terms

9.1. The Online Store reserves the right to unilaterally amend this agreement, provided it is pre-published on the website https://newbornk.com

9.2. The Online Store was created to organize the distance selling of goods online.

9.3. The Buyer is responsible for the accuracy of the information provided when placing an order. At the same time, when accepting (placing an order and subsequently paying for the goods), the Buyer gives the Seller their unconditional consent to the collection, processing, storage, and use of their personal data, in the understanding of the Law of Ukraine "On Personal Data Protection."

9.4. Payment by the Buyer for an order placed in the Online Store signifies the Buyer's full agreement with the terms of the sales agreement (public offer).

9.5. The actual date of the electronic transaction between the parties is the date of acceptance of the terms, in accordance with Article 11 of the Law of Ukraine "On Electronic Commerce."

9.6. The use of the Online Store resource for preliminary viewing of goods, as well as for placing an order, is free for the Buyer.

9.7. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for the purposes of processing the order, sending notifications to the Buyer, delivering goods, making mutual settlements, etc.

10. Procedure for Returning Goods of Proper Quality

10.1. The return of goods to the Online Store is carried out in accordance with current legislation of Ukraine.

10.2. The return of goods to the Online Store is at the Buyer's expense.

10.3. When the Buyer returns goods of proper quality, the Online Store refunds the monetary amount paid for the goods upon actual return of the goods, deducting compensation for the Online Store's expenses related to the delivery of the goods to the Buyer.

11. Term of the Agreement

11.1. An electronic agreement is considered concluded from the moment the person who sent the offer to conclude such an agreement receives a response about the acceptance of this offer in the manner determined by part six of Article 11 of the Law of Ukraine "On Electronic Commerce."

11.2. Before the expiration of its term, this Agreement may be terminated by mutual agreement of the parties before the actual delivery of the goods, by refunding the funds.

11.3. The parties have the right to terminate this agreement unilaterally in case one of the parties fails to fulfill the terms of this Agreement and in cases provided by the current legislation of Ukraine.