PUBLIC OFFER AGREEMENT

This Public Offer Agreement (hereinafter referred to as the “Agreement”) is an official offer by Liudmyla Vasylivna Kostenko, an individual entrepreneur, taxpayer identification number 2232821949, which sells goods under the LITKOVSKA brand (hereinafter referred to as the “Seller”) to conclude a goods purchase and sale agreement with any legally capable individual or legal entity (hereinafter referred to as the “Purchaser”) on the terms and conditions set out below.

1. TERMS OF THE AGREEMENT

1.1. Website is the Internet resource located at https://litkovska.ua/, which is the official channel for the sale of LITKOVSKA brand products through which the Seller sells Goods to Purchasers.
1.2. Seller is the person named “Seller” in the preamble to this Agreement, who offers Goods for sale through the Website in accordance with the applicable laws of Ukraine.
1.3. Purchaser is any legally capable individual, legal entity, or individual entrepreneur who has accepted the terms of this Agreement, placed an Order, and paid for the Goods.
1.4. Public Offer Agreement is this public agreement posted on the Website containing the Seller's offer to an indefinite circle of persons to purchase the Goods.
1.5. Acceptance is the full and unconditional acceptance by the Purchaser of the Seller's offer to purchase the Goods and the terms and conditions of this Agreement by clicking on the "Place Order" button.
1.6. Goods are any item for which the Seller has posted an offer on the Website, including information about such item, in particular, its description, photographs, characteristics and price.
1.7. The Parties are the Purchaser and the Seller, between whom this Agreement is concluded.

1.8. Delivery is a logistics service provided by the Seller or a third-party carrier (delivery service) to transport the Goods to the Purchaser on the terms specified in this Agreement and on the Website page “Delivery and Return Policy”.
1.9. Third-parties are persons engaged by the Seller to fulfil its obligations hereunder, including, but not limited to, delivery services, banks, payment systems, etc.
1.10. Force majeure is unforeseeable circumstances beyond the control of the Parties that make it impossible to fulfil the obligations hereunder (described in detail in the section “Force majeure circumstances”).
1.11. Personal data is any information provided by the Purchaser when placing an Order, including, but not limited to, given name, surname, delivery address, contact telephone number, email address, etc.

2. GENERAL PROVISIONS

2.1. This Agreement is a public offer in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine, as well as other applicable laws and regulations of Ukraine governing legal relations in the field of electronic commerce.
2.2. The Seller shall post this Agreement on the Website for an indefinite circle of persons with an offer to conclude a Goods purchase and sale agreement on the terms set forth herein. 
2.3. The terms and conditions of the Agreement are the same for all Purchasers regardless of status (individual, legal entity, individual entrepreneur), race, gender, social and financial status, age, health, etc. Discrimination against Purchasers on any grounds/criteria is not permitted. Certain features of placing orders, making payments and/or delivering goods to the Purchaser are permitted, taking into account the tax status of the Purchaser and in accordance with the requirements of current legislation. 
2.4. This Agreement shall govern the terms and conditions of purchase and sale of Goods, their delivery, payment, return and other aspects of the relationship between the Seller and the Purchaser. 
2.5. The Purchaser shall accept this Agreement by clicking on the “Place Order” button in the relevant section of the Website. Clicking on the “Place Order” button shall confirm the mutual agreement of the Parties on all essential terms and conditions of this Agreement.
2.6. Upon acceptance of this Agreement by the Purchaser, the legal relationship between the Parties shall be deemed to have been established; the Agreement shall enter into force and remain in force until the Parties have fulfilled their obligations in full.
2.7. All terms and conditions of this Agreement are binding on the Parties. The terms and conditions of the Agreement in force at the time of placing the order shall apply to each order. The Seller reserves the right to amend the text of the Agreement unilaterally. Amendments shall take effect from the moment they are published on the Website and shall apply to all Orders placed thereafter.
2.8. The Seller shall be obliged to ensure that the current text of the Agreement is available on the Website for the Purchaser to review at any time.
2.9. Information about the Goods on the Website, including their descriptions, characteristics, prices and photographs, is for informational purposes only and may be changed by the Seller at any time.
2.10. The photographs posted on the Website are illustrative. The Seller makes every effort to accurately display the colours and images of the Goods, but does not guarantee that the colours on the Purchaser's screen will be displayed accurately and identically. Handcrafted Goods may have slight differences in shape, colour, size, texture or other details compared to the photographs posted on the Website. Such differences are not considered a defect in the Goods or their non-compliance with the characteristics specified on the Website, but are a sign of the exclusivity and uniqueness of handcrafted items. By placing an Order, the Purchaser confirms its understanding and agreement with these characteristics.

3. SUBJECT MATTER OF THE AGREEMENT

3.1. The subject matter of this Agreement is the Seller's obligation to transfer ownership of the selected Goods to the Purchaser, and the Purchaser's obligation to accept them and make payment on the terms specified herein.
3.2. The Seller guarantees that: the Goods are new, have no hidden defects and correspond to the characteristics and description specified on the Website, taking into account the provisions of paragraph 2.10. hereof; the Goods are not pledged, are not encumbered by the rights of third parties and are not the subject of a dispute; the Seller has the right to sell the Goods through the Website in accordance with the current legislation of Ukraine.
3.3. The Purchaser independently and at their own discretion selects the Goods available and offered for sale on the Website. In accordance with this Agreement, the Purchaser has the right to order and purchase the Goods, the range, quantity and cost of which are determined when placing an Order on the Website.
3.4. Ownership of the Goods shall pass to the Purchaser upon actual receipt of the Goods, provided that their cost has been paid in full. The risk of accidental destruction of the Goods shall pass to the Purchaser upon the occurrence of ownership rights.
3.5. The terms and conditions regarding delivery, payment, returns and other aspects related to the sale of Goods are governed by separate sections of this Agreement, as well as other rules posted on the Website.
3.6. By clicking on the “Place Order” button in the relevant section of the Website, the Purchaser confirms that he/she has read and agree to all the terms and conditions of this Agreement, the terms and conditions set out in the Order regarding payment, delivery and return policy of the Goods, set out in the relevant sections of this Agreement or the Website, the characteristics of the Goods for which the Order is placed, and that the Seller has duly provided the Purchaser with complete and accurate information about additional costs (not included in the price of the Goods specified on the Website) that the Purchaser may incur in connection with payment, delivery, return of the Goods, etc.

4. ORDER PROCESSING PROCEDURE

4.1. The Purchaser independently places an Order on the Website, selecting the desired Product, its quantity, delivery and payment method, and then completes the order by clicking the “Place Order” button.
4.2. All Orders for Goods shall be fulfilled subject to availability. If the selected Goods are unavailable, the Seller shall notify the Purchaser immediately, but no later than 3 working days from the date of placing the order, using the contact details specified in the Order, and offer one of the following options: replacement of the Goods with other Goods with similar characteristics; waiting for the Goods to become available; cancelling the Order with a refund (in case of prepayment).

4.3. After placing an Order, the Purchaser receives an Order confirmation in the form of an email or by other acceptable means that ensures proper notification of the Customer, depending on the technical capabilities of the Website.
4.4. The Seller reserves the right to refuse to fulfil the Order in the event of: the Purchaser providing inaccurate or incomplete information; technical failures that make it impossible to process the Order, if payment for the Order has not been made or the Purchaser has violated other terms of this Agreement.
4.5. The order is considered accepted for execution from the moment the Seller confirms its acceptance.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. Seller's Obligations: 
5.1.1. To ensure the fulfilment of its obligations hereunder.
5.1.2. To ensure that the Goods comply with the characteristics and description provided on the Website, subject to the provisions of paragraphs 2.9 and 2.10 hereof.
5.1.3. To ensure delivery of the Goods to the Purchaser in accordance with the terms hereof, as well as other rules posted on the Website.
5.1.4. To transfer the Goods to the Purchaser's ownership upon receipt of payment in accordance with the terms hereof.
5.1.5. In the event that the Goods selected by the Purchaser are not available, promptly notify the Purchaser and offer alternative solutions to the situation.
5.1.6. To provide the Purchaser with information about the Goods, the procedure for placing an Order, delivery and returns.
5.2. Seller's Rights: 
5.2.1. To demand that the Purchaser fulfil its obligations hereunder, including full and timely payment for the Goods.
5.2.2. To refuse to fulfil the Order in cases provided for herein.
5.2.3. To amend this Agreement in accordance with its terms and conditions.
5.2.4. To suspend or terminate access to the Website or its individual functions in the event of technical or other reasons that prevent the normal operation of the Website.
5.3. Purchaser's Obligations: 
5.3.1. To read the terms and conditions of this Agreement and the terms and conditions of other documents or policies referenced in the text of this Agreement, information about the Goods, payment, delivery and returns before placing an Order.
5.3.2. To provide accurate information necessary for placing and fulfilling the Order.
5.3.3. To pay for the Goods in a timely manner in accordance with the terms of this Agreement.
5.3.4. To accept the delivered Goods and check their integrity, completeness and compliance with the Order upon receipt.
5.3.5. To use the purchased Goods exclusively for their intended purpose, complying with the rules for using the Goods in accordance with their intended purpose and the Seller's recommendations.
5.4. Purchaser's Rights: 
5.4.1. To obtain complete and accurate information about the Goods, the procedure for its purchase, delivery and return.
5.4.2. To demand that the Seller fulfil the terms of this Agreement.
5.4.3. If the Goods selected by the Purchaser are unavailable, choose one of the options proposed by the Seller to resolve the situation.
5.4.4. To contact the Seller with questions related to the quality, delivery or return of the Goods.
5.4.5. In accordance with the procedure and on the terms specified in this Agreement and the current legislation of Ukraine, to demand the exchange or return of the Goods.

6. PRICE AND PAYMENT TERMS

6.1. Prices for Goods posted on the Website are indicated in the national currency of Ukraine (UAH). 
6.2. The cost of delivery is determined separately and paid by the Purchaser independently to the delivery service in accordance with the delivery method chosen by the Purchaser. The Seller may set a minimum order amount, upon reaching which the delivery is paid by the Seller. The current terms and conditions of delivery are posted on the Website page “Delivery and Return Policy”.
6.3. The price of each individual Good is specified by the Seller on the relevant page of the Website and agreed by the Parties in the Order. The price of the Agreement is determined by adding the prices of all selected Goods in the Order.
6.4. The Seller reserves the right to change the prices of the Goods unilaterally. Any price changes do not affect Orders that have already been placed and confirmed by the Seller prior to the changes. The exception is cases where the price of the Goods on the Website was incorrectly indicated due to technical failures or other errors. In such cases, the Seller is not obliged to sell the Goods at the incorrect (lower) price and shall notify the Purchaser of the error. The Purchaser has the right to: confirm the Order at the correct price; cancel the Order with a refund of the amount paid (in case of prepayment).
6.5 The Purchaser shall make full advance payment for the price of the Goods after placing the Order or use the instalment payment function from monobank, if such a function is available on the Website at the time of placing the Order. Payment for the Goods shall be made in the manner specified in the Order. 
6.6. The Purchaser may pay for the Order using the plata by mono payment service or Visa, MasterCard payment cards, or other payment methods available on the Website at the time of placing the relevant order. The Seller reserves the right to set restrictions on the available payment methods. 
6.7. Depending on the selected payment method, restrictions or additional conditions set by the bank servicing the Purchaser's payment card or by the payment system or service may apply to the transaction amount. The Seller is not responsible for such restrictions or additional conditions and recommends that the Purchaser contact their bank or payment system or service for detailed information.
6.8. When paying for an Order with a payment card, the Purchaser confirms that they are the legal owner of this card. The Purchaser confirms that they have read and agree to the Privacy Policy and the use of cookies posted on the Website.
6.9. In the event of additional costs associated with the use of the selected payment method (e.g., bank or payment system or service fees), such costs shall be borne by the Purchaser. Clicking the ‘Place order’ button means that the Seller has informed the Purchaser about the possible collection of an additional commission and the Purchaser has agreed to all terms of payment for the goods.
6.10. The order is considered paid when the funds are credited to the Seller's account. In case of a failed transaction, the order is not accepted for execution, and the Purchaser must repeat the payment or choose another payment method.

7. DELIVERY TERMS

7.1. Delivery of Goods may be carried out: within Ukraine (subject to the availability of delivery specified in para. 7.2); or by self-delivery (the terms of self-delivery are agreed separately, in accordance with the information specified on the Website page “Delivery and Return Policy”).
7.2. Delivery is carried out throughout Ukraine, with the exception of temporarily occupied territories, settlements in which Ukrainian authorities are temporarily unable to exercise their powers, and combat zones.
7.3. The Seller shall arrange for the delivery of the Goods to the details and address specified by the Purchaser in the Order and may engage third parties (delivery services, courier services or other persons) to deliver orders.
7.4. Delivery costs are calculated separately and depend on the delivery method selected. Information about delivery costs is available on the “Delivery and Return Policy” page of the Website.
7.5. Delivery terms may vary depending on the Purchaser's location and the selected delivery method. Approximate delivery terms are indicated on the “Delivery and Return Policy” page of the Website.
7.6. The Purchaser shall be obliged to verify the integrity, completeness, and conformity of the Goods with the Order upon receipt.
7.7. The Purchaser's refusal to receive the Goods or the absence of the Purchase at the specified address is equivalent to initiating the termination of the Agreement. In this case, the Agreement shall be deemed terminated by mutual consent of the Parties, and the Seller shall be obliged to refund the Purchaser's funds, subject to para. 6.7. hereof, within 7 working days from the date of return of the Goods.

8. RETURN AND EXCHANGE POLICY

8.1. Returns and exchanges of Goods are carried out in accordance with the terms of this Agreement, the terms set out in the “Delivery and Return Policy”, section of the Website, and the provisions of the Law of Ukraine “On Protection of Consumer Rights”. Before initiating the return or exchange procedure, the Purchaser shall be obliged to familiarise itself with the terms and conditions set out in the “Delivery and Return Policy” section of the Website. 

8.2. The Purchaser has the right to return or exchange Goods of good quality within 14 days from the date of receipt of the Goods. The Purchaser has the right to return or exchange the Goods subject to the provisions of the current legislation of Ukraine on the grounds for returning or exchanging goods, in particular, Resolution of the Cabinet of Ministers of Ukraine No. 172 dated 19.03.1994, which defines the List of goods of proper quality that are not subject to exchange (return), and if the Goods have not been used and if their marketable appearance, consumer properties, labels and original packaging have been preserved. 
8.3. Returns and exchanges of Goods of acceptable quality are possible under the following conditions: the Order was placed through the Website; no more than 14 calendar days have passed since the Purchaser received the Goods; the Goods are in saleable condition, including the presence of all tags, labels, original packaging, and no signs of use; the Goods have not been used, washed, dry-cleaned and have no signs of damage, stains, odours or other traces of use; The Purchaser has provided confirmation of payment for the Goods.
8.4. The Seller has the right to refuse to return/exchange Goods of good quality if: The requirements set forth in para. 8.2 and 8.3 hereof are not met; the Goods belong to a category that is not subject to return in accordance with Resolution No. 172 of the Cabinet of Ministers of Ukraine dated March 19, 1994, which includes, in particular: corsetry, gloves, socks, underwear and bed linen, jewellery.
8.5. Delivery of Goods of proper quality for return shall be carried out at the expense of the Purchaser.
8.6. If a significant defect in the Goods is discovered, the Purchaser shall be obliged to notify the Seller by email at customer@litkovska.com or by other means specified on the “Delivery and Return Policy” page of the Website, stating the reasons for the return and describing the significant defect in the Goods. Such notification must be submitted immediately after the discovery of a significant defect, but no later than 14 days from the date of receipt of the goods.
8.7. The Goods shall be considered to be of inadequate quality if significant defects have arisen as a result of their manufacture and through the fault of the manufacturer, and also prevent their normal use in accordance with their intended purpose. The Goods are not considered to be of inadequate quality if the defects arose as a result of a violation of the conditions of operation, storage or use of the goods, as well as other actions of the Purchaser that do not comply with the rules for the intended use and care of the goods. 
8.8. All costs related to the return of Goods of inadequate quality shall be borne by the Seller.
8.9. Upon receipt of the Goods of inadequate quality by the Seller and verification of their compliance with the requirements of this Agreement and the conditions specified on the Website page “Delivery and Return Policy”, the Seller, in agreement with the Purchaser, shall refund the money for the Goods or exchange the Goods for the same Goods or for similar Goods from among those available to the Seller. Refunds for the Goods or exchanges of the Goods shall be made within 7 working days. The refund period may be extended due to technical reasons beyond the Seller's control, in particular, delays in processing payments by the Purchaser's banks or payment systems. The Seller shall not be liable for such delays.

9. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION 

9.1. The Parties shall be liable for failure to perform or improper performance of the terms of this Agreement in accordance with the procedure provided for herein and applicable Ukrainian law.

9.2. The Seller shall not be liable for:
9.2.1. minor differences in the colour of the Goods, which may arise due to the colour rendering characteristics of the Purchaser's monitors and other devices;
9.2.2. the content and accuracy of the information provided by the Purchaser when placing the Order;
9.2.3. delays in processing the Order or delivering the Goods that arose due to circumstances beyond the Seller's control, in particular the actions of third parties, force majeure circumstances, interruptions in the operation of payment systems or delivery services;
9.2.4. interruptions in the functioning of payment systems through which payment for Orders is made;
9.2.5. actions or inaction of the Purchaser, including the transfer by the Purchaser of their network identifiers, access data or other confidential information to third parties;
9.2.6. the quality of public communication channels and possible interruptions in the data transmission network, in particular in the global Internet network, through which access to the Website is provided.
9.3. The Purchaser shall be liable for the accuracy of the information provided when placing the Order;
9.4. All claims or complaints of the Purchaser must be made in writing and sent to the Seller's email address customer@litkovska.com. The Seller shall be obliged to consider such appeals within 7 working days and take the necessary measures to resolve them, if they are justified and comply with the terms of this Agreement and the current legislation of Ukraine.
9.5. In the event of disputes that cannot be resolved through negotiations, they shall be resolved in a competent court of Ukraine in accordance with applicable law.

10. FORCE MAJEURE CIRCUMSTANCES

10.1. The Parties shall be exempt from liability for failure to perform or improper performance of their obligations hereunder if they prove that such failure was the result of force majeure circumstances. Force majeure circumstances include events or circumstances that are beyond the control of the Parties, are unforeseeable, unavoidable and arose after the conclusion of this Agreement.
10.2. Force majeure circumstances include, in particular, natural disasters such as earthquakes, floods, hurricanes, landslides or other natural disasters, man-made accidents, including explosions, fires, icing or power system failures. Force majeure circumstances also include military actions, declared or undeclared wars, riots, terrorist acts, strikes, civil unrest, embargoes or other actions of state authorities, provided that such circumstances directly or indirectly affect the performance of obligations hereunder. 
10.3. The Party affected by force majeure circumstances shall immediately, but no later than 5 (five) working days from the moment of their occurrence, notify the other Party in writing of the occurrence of such circumstances. Proper confirmation of force majeure circumstances shall be a certificate from the Ukrainian Chamber of Commerce and Industry.
10.4. During the period of force majeure, the terms of performance of obligations hereunder shall be suspended until such circumstances cease to exist. 
10.5. If the force majeure circumstances continue for more than 60 (sixty) calendar days, either Party shall have the right to initiate the termination of this Agreement. In such case, the Agreement shall be deemed terminated upon receipt of the relevant notice, unless the Parties agree otherwise.

11. MISCELLANEOUS

11.1. All materials (including, but not limited to: photos, videos, product designs, sketches, texts and other materials) posted on the Website are the intellectual property of the Seller or other rights holders and are protected by the current legislation of Ukraine. The use of these materials, including copying, publication, distribution, modification or other use, is possible only with the prior written consent of the Seller or the relevant copyright holder.
11.2. The Website may contain certain outdated information; such information is not current and is provided for reference purposes only. The Seller has the right to change the content of the Website at any time; the Purchaser is responsible for tracking changes on the Website.

11.3. The information provided by the Purchaser in connection with the conclusion and execution of the Agreement is confidential. Information about the Purchaser is used solely for the purpose of fulfilling their Order and ensuring proper service. The Purchaser's personal data is collected and processed in accordance with the “Privacy and Cookie Policy” which can be found on the Website at the following link - (https://litkovska.ua/policies/privacy-policy)
11.4. The Purchaser voluntarily grants the Seller consent to collect and process their personal data for the following purposes: processing orders for the purchase of goods, receiving information about orders, sending advertising and special offers by telecommunications or electronic means of communication (e-mail, mobile communication), information about promotions, sweepstakes or any other information about the activities of the Website. 
11.5. By clicking the “Place Order” button, the Purchaser gives the Seller its unambiguous consent to use their personal data in accordance with this Agreement and in accordance with the Law of Ukraine “On the Protection of Personal Data”. The Purchaser grants the right to process their personal data, including: placing personal data in databases (without additional notification), storing, accumulating, updating, and changing data (if necessary). The Seller shall be obliged to ensure the protection of data from unauthorised access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorised by the Seller to directly process data for the specified purposes, as well as upon mandatory request from a competent state authority).
11.6. The Purchaser has the right to access their personal data stored by the Seller and request changes, updates or deletion of their personal data. If the Purchaser wishes to exercise these rights, they must contact the Seller using the contact details provided on the Website or take the necessary steps in accordance with the “Privacy and Cookie Policy”.
11.7. This agreement shall be governed by and construed in accordance with the applicable laws of Ukraine.
11.8. The Seller has the right to update or change the terms of this Agreement by posting updates or changes on the Website and indicating the date of the latest version of the Agreement. The Purchaser is responsible for checking the validity of the terms of the Agreement.