PUBLIC AGREEMENT (OFFER)

This agreement is an official and public offer of the Seller to conclude a sales contract for the Goods presented on the website www.tep.ua. This agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for unfair ordering, and all other terms of the agreement. The agreement is considered concluded from the moment the "Confirm Order" button is pressed on the order confirmation page in the "Cart" section and the Buyer receives confirmation of the order from the Seller in electronic form.

1. Definitions

1.1. Public offer (hereinafter referred to as the "Offer") - a public proposal of the Seller addressed to an indefinite circle of persons to conclude a sales contract for the Goods remotely (hereinafter referred to as the "Contract") on the terms contained in this Offer.

1.2. Goods or Services - the object of the agreement between the parties, which was selected by the Buyer on the website of the Online Store and placed in the cart, or already purchased by the Buyer from the Seller remotely.

1.3. Online Store - the Seller's website at www.tep.ua created for concluding retail and wholesale sales contracts based on the Buyer's familiarization with the description of the Goods offered by the Seller using the Internet.

1.4. Buyer - a capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the Online Store for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.

1.5. Seller - Limited Liability Company "Balakomm" (identification code 30501814), a legal entity established and operating in accordance with the current legislation of Ukraine, located at: Ukraine, 58023, Chernivtsi, Kommunalnykiv St., 4b

2. Subject matter 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 Agreement-offer (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is considered to be the date of filling out the order form by the Buyer located on the website of the Online Store, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement may be executed in writing.

3. Order Placement

3.1. The Buyer independently places an order in the Online Store through the "Cart" form, or by placing an order via email or by 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 in the event that the information provided by the Buyer when placing the order is incomplete or raises doubts about its validity.

3.3. When placing an order on the website of the Online Store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:

3.3.1. Last name, first name of the Buyer;

3.3.2. Address to which the Goods should be delivered (if delivery to the Buyer's address);

3.3.3. Contact phone number.

3.3.4. Identification code for a legal entity or individual entrepreneur.

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

3.5. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. In the absence of the necessary information from the Buyer, the Seller is not responsible for providing 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. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data by the Buyer in the registration form on the website of the Online Store or when placing an Order through the operator. After placing the Order 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, i.e. accepting the terms of this offer (the proposed terms for the purchase of Goods), by placing the Order, the Buyer confirms the following:

a) The Buyer is fully aware of and agrees to the terms of this offer;

b) The Buyer gives permission for the collection, processing, and transfer of personal data, the permission for the processing of personal data is valid throughout the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into the Agreement, the Buyer confirms that he has been informed (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", about the purposes of data collection, as well as about the fact that his personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, the possibility of settlements, as well as for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.

4. Price and Delivery of Goods

4.1 The prices for Goods and services are determined by the Seller independently and are indicated on the website of the Online Store. All prices for Goods and services are indicated on the website in hryvnias, including VAT.

4.2 The prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.

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

4.4. The cost of Goods indicated on the website of the Online Store does not include the cost of delivery of Goods to the Buyer's address.

4.5. The Seller may indicate the approximate cost of delivery of Goods to the Buyer's address when the Buyer makes a corresponding request to the Seller by sending an email or when placing an order through the online store operator.

4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller in his account.

4.7. Settlements between the Seller and the Buyer for the Goods are carried out in the ways specified on the website of the Online Store in the section "Payment and Delivery".

4.8. When receiving the Goods, the Buyer must check the compliance of the Goods with the quality and quantity characteristics (name of the Goods, quantity, completeness, expiration date) in the presence of a representative of the delivery service (carrier).

4.9. The Buyer or his representative during the acceptance of the Goods confirms by his signature in the товарному чеку/ or in the order/ or in the transport invoice for the delivery of goods that he has no claims to the quantity of the goods, external appearance and completeness of the goods.

4.10. The ownership right and the risk of accidental loss or damage to the Goods pass to the Buyer or his Representative from the moment the Goods are received by the Buyer in the city of delivery of the Goods during the independent delivery of the Goods from the Seller, or during the transfer of the Goods by the Seller 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 provide access to this information to third parties, except in cases provided for by law and during the execution of the Buyer's Order.

5.2. The Seller has the right:

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

5.3. The Buyer undertakes:

5.3.1. Before concluding the Agreement, to familiarize himself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.

5.3.2. To fulfill the Seller's obligations to the Buyer, the latter must provide all necessary data that unambiguously identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.

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 did not satisfy him in form, size, style, color, or for other reasons cannot be used for its intended purpose. The Buyer has the right to return the goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of proper quality is carried out if it has not been used and if its commercial appearance, consumer properties, packaging, seals, labels, as well as the receipt issued to the Buyer for the payment of the Goods are preserved. The list of goods that are not subject to return on the grounds provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine.

6.2. The return of the value of goods of proper quality to the Buyer is carried out within 30 (thirty) calendar days from the moment the Seller receives such Goods, provided that the requirements specified in paragraph 6.1 of the Agreement and the current legislation of Ukraine are met.

6.3. The cost of the goods is subject to return 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 expense of the Buyer and is not reimbursed by the Seller to the Buyer.

6.5. In case of detection of defects in the Goods during the established warranty period, the Buyer personally has the right to submit claims to the Seller in the manner and within the time limits established by the legislation of Ukraine, as provided for by the Law of Ukraine "On Consumer Protection". When submitting claims for free elimination of defects, the term for their elimination is calculated from the date the Seller receives the Goods in its possession and has physical access to such Goods.

6.6. Consideration of claims provided for by the Law of Ukraine "On Consumer Protection" is carried out by the Seller provided that the Buyer submits the documents provided for by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after its transfer to the Buyer as a result of the Buyer's violation of the rules of use or storage of the Goods, the actions of third parties or force majeure.

6.7. The Buyer does not have the right to refuse goods of proper quality that have individually defined properties if the specified goods can be used exclusively by the Buyer who purchased them (including at the Buyer's request, non-standard sizes, characteristics, appearance, configuration, etc.). Confirmation that the goods have individually defined properties is the difference in the sizes of the goods and other characteristics specified in the online store.

6.8. The return of goods, in cases provided for by law and this Agreement, is carried out at the address specified on the website in the "Contacts" section.

7. Responsibility

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

7.2. The Seller is not responsible for improper or untimely fulfillment of Orders and its obligations in case the Buyer provides false or inaccurate information.

7.3. The Seller and the Buyer are responsible for fulfilling 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 non-fulfillment of their obligations if the non-fulfillment is a result of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. The party that is unable to fulfill its obligations shall immediately notify the other Party.

8. Confidentiality and Personal Data Protection

8.1. By providing their personal data on the online store website during registration or placing an Order, the Buyer gives the Seller their voluntary consent to process, use (including transfer) their personal data, as well as to perform other actions provided for by the Law of Ukraine "On Personal Data Protection", without limitation of the term of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. Providing information to counterparties and third parties acting on the basis of a contract with the Seller, including to fulfill obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of current legislation of Ukraine, is not considered a violation.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor performance or non-performance of its obligations due to the inaccuracy of information about the Buyer or its non-compliance with reality.

9. Other terms and conditions

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. In case of failure to reach a resolution of the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply to the judicial authorities for resolution of the dispute in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided in paragraph 5.2.1. of the Agreement. In addition, changes to the Agreement may also be made by mutual consent of the Parties in the manner prescribed by the current legislation of Ukraine.

SELLER'S ADDRESS AND DETAILS:

Balakkom Ltd. 58023, Ukraine, Chernivtsi, Komunalnykiv St., 4b p/r UA063282090000026008000011061 at AT «Pivdenny» MFO 328209 Code 30501814 TIN 305018124129 tel. +38 (0372) 54 39 21