Public offer agreement
Public Offer Agreement
1. General Provisions
1.1. This offer is the official proposal of the brand TM "Silk Kiss" (hereinafter referred to as the "Seller") to enter into a sales agreement for goods via remote means — through the online store (hereinafter referred to as the "Agreement") — and is a public offer published on the Seller’s official website https://silkkiss.ua (hereinafter the "Online Store").
1.2. The full and unconditional acceptance (acceptance) by the Buyer of the Seller’s offer to conclude an electronic sale agreement is confirmed by the Buyer’s payment for the order under the terms of this Agreement, within the timeframes and at the prices specified on the Seller’s website.
2. Terms and Definitions
2.1. In this offer, unless the context requires otherwise, the following terms shall have the meanings as defined below:
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"Goods" — models, accessories, components, and related items offered for sale;
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"Online Store" — as defined by Ukrainian Law "On Electronic Commerce", a tool for presenting or selling goods through the conclusion of an electronic agreement;
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"Seller" — the company that offers goods for sale on the Online Store;
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"Buyer" — an individual who has entered into an agreement with the Seller under the terms of this offer;
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"Order" — the selection of goods by the Buyer, confirmed by payment and placed via the Online Store.
3. Subject of the Agreement
3.1. The Seller agrees to transfer ownership of the Goods to the Buyer, and the Buyer agrees to pay for and accept the Goods under the terms of this Agreement.
This Agreement governs the sale of goods through the Online Store, including:
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voluntary selection of goods by the Buyer on the Online Store;
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independent order placement by the Buyer;
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payment for the order by the Buyer;
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processing and delivery of the order by the Seller.
4. Order Placement Procedure
4.1. The Buyer has the right to place an order for any goods available on the Online Store.
4.2. Each item may be ordered in any quantity, subject to availability.
4.3. If an ordered item is out of stock, the Seller must inform the Buyer (via phone or email).
4.4. In such a case, the Buyer may replace the product with a similar one, cancel the item, or cancel the entire order.
5. Payment Procedure
5.1. Payment is made at the time of order placement using a bank card via the online payment system or by another method provided on the site.
5.2. Payment by the Buyer confirms the conclusion of the Agreement.
5.3. Prices listed on the website are valid at the time of ordering and may be changed by the Seller at its discretion.
6. Delivery Terms
6.1. Goods are delivered to the address provided by the Buyer at checkout.
6.2. Delivery costs are calculated according to the rates of the courier service and may vary depending on the region.
6.3. Risk of accidental loss or damage to the Goods passes to the Buyer upon transfer of the Goods to the courier service.
7. Rights and Obligations of the Parties
7.1. The Seller has the right to:
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suspend performance under this Agreement in case of the Buyer's violation of its terms.
7.2. The Seller is obligated to:
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fulfill the terms of this Agreement;
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ensure the availability of Goods in stock;
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deliver the Goods in accordance with the confirmed order.
7.3. The Buyer is obligated to:
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make timely payment and accept the order;
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check the condition and completeness of the Goods upon delivery.
7.4. The Buyer has the right to:
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place orders on the Online Store;
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receive product information;
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request fulfillment of this Agreement by the Seller.
8. Liability of the Parties
8.1. The Parties shall be liable for failure to perform or improper performance of this Agreement as provided by current legislation of Ukraine.
8.2. The Seller is not liable for:
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delivery delays caused by courier services or third parties;
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the Buyer’s dissatisfaction if the product matches the description and is not defective;
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consequences of improper use of the product by the Buyer.
8.3. In case of force majeure (war, natural disasters, emergencies, strikes, legal changes, etc.), the Parties shall be released from liability for the duration of such events.
9. Product Returns
9.1. The Buyer has the right to return non-defective Goods within 14 days, as per the Law of Ukraine “On Consumer Rights Protection,” if the product was not used, retains its marketable condition, original packaging, labels, and purchase receipt.
9.2. Returns are not accepted for products included in the list of non-returnable goods as per applicable law.
9.3. If a product is defective or does not match the order, the Seller agrees to replace it at no cost or refund the Buyer upon confirmation of the issue.
9.4. Return shipping costs are covered by the Buyer unless otherwise agreed with the Seller.
10. Other Terms
10.1. This Agreement is concluded within the territory of Ukraine and is governed by the legislation of Ukraine.
10.2. All disputes between the Buyer and the Seller shall be resolved through negotiations. If an agreement cannot be reached — through legal proceedings under Ukrainian law.
10.3. The Seller may unilaterally change the terms of this Agreement, provided such changes are published on the Online Store.
10.4. By placing an order, the Buyer automatically agrees to all terms of this Agreement.