OFFER AGREEMENT

According to this Agreement, one party, the seller, on the one hand, and any person who has accepted the terms of this public offer agreement-the buyer, on the other hand, hereinafter collectively referred to as the parties, have concluded this public offer agreement (hereinafter referred to as the agreement), addressed to an unlimited circle, is an official public offer of the seller to conclude a contract for the purchase and sale of goods with buyers, the range and detailed information about which is contained on the website, mobile application, as well as the provision of services for their delivery. When purchasing products, the range and detailed information about which is contained on the website or mobile application, buyers accept the terms of this Agreement as set out below.

GENERAL PROVISIONS
1.1. contractual relations between the seller and the buyer are formed in the form of a public offer agreement.

1.2. the public offer agreement is public, which in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the buyer accepts the terms and procedure for placing an order, payment and delivery of goods by the seller, and responsibility for non-fulfillment of the terms of this Agreement.

1.3. if the buyer makes an order, it is considered that the buyer fully, unconditionally and unconditionally agrees to all the terms of the following provisions (public offer), fully and unconditionally accepts it (including agreeing to fulfill all obligations imposed on the buyer by this offer)) without any exceptions and / or restrictions in accordance with Article 642 of the Civil Code of Ukraine, as well as that the buyer understands all its provisions of the public offer.

1.4. the contract concluded by the buyer through acceptance of the public offer has legal force in accordance with Article 642 of the Civil Code of Ukraine, is equivalent to the contract signed by the parties and is considered that the buyer has read and agrees with the terms of this public offer. This Agreement is equivalent to the conclusion by the Parties of a bilateral written agreement on the terms set out in this public offer.

TERMS AND DEFINITIONS
2.1. "public offer agreement" means a public agreement, a sample of which is posted on the site, mobile dotak, containing the seller's offer to purchase goods, the range and detailed information about which is contained on the site, mobile dotak, sent to an indefinite circle of persons.

2.2. "Acceptance" - acceptance by the buyer of the seller's offer to purchase the product, the image of which is posted on the website, mobile application, by adding it to the virtual shopping cart and sending the order.

2.3. "mobile application" means the mobile application of the PIZHAMKISS service.

“Сайт” – сайт https://pizhamkiss.com/

2.4. "Product" - clothing that is offered for sale, in accordance with the range and prices indicated on the website, mobile application.

2.5. "seller" - a business entity that sells Goods presented on the website or mobile application of the service

2.3. "mobile application" means the mobile application of the PIZHAMKISS service.

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2.6. "buyer" means any capable individual, legal entity, or individual entrepreneur who has visited the Website or mobile application and intends to purchase a particular Product.

2.7. "order" means the buyer's request for the purchase of goods duly executed and posted on the website or mobile application, addressed to the seller.

SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to sell the Goods on the basis of an order placed by the buyer on the terms and in accordance with the procedure defined in this Agreement, and the buyer undertakes to buy the Goods on the terms and in accordance with the procedure defined in this Agreement, paying its cost.

ORDER PLACEMENT PROCEDURE
4.1. the buyer can place an order independently on the website via the mobile application or by phone using the operator.

4.2. orders are accepted by the seller every day without a break and weekends from 00: 00 to 00: 00.

4.3. To place an order via the website or mobile app, the buyer must::

- select the products presented on the site, their quantity, and click "order", the product will be automatically added to the"shopping cart"section;

- Fill in the data in the corresponding electronic order form, choose the payment method for the product;

- after finishing the order, select the "place an order" function.

4.4. the order is considered completed and accepted for execution by the seller if::

4.4.1. after the buyer completes the order processing actions on the website or mobile application, the seller's call center operator will contact the buyer by phone, if necessary, specify the order details, and confirm to the buyer that the corresponding work order has been accepted;

4.4.2. If the buyer clicks the "Do not call me" checkbox and clicks the "Confirm order" button during the order processing process;

4.4.3. after the customer completes the order over the phone, the call center operator will verbally confirm to the buyer that the corresponding work order has been accepted.

4.5. the buyer is fully responsible for the accuracy and accuracy of the data provided by him when placing the order.

4.6. The Seller undertakes to provide the buyer with all information related to the goods, order processing and execution, which is necessary for the selection and execution of the order.

PRODUCT DELIVERY
5.1. The goods are delivered by the seller or third parties engaged by him. If it is impossible to contact the buyer at the specified phone number, or when making an order — the order is considered canceled.

5.2. delays in the delivery of goods are possible if unforeseen circumstances occur due to the fault of the seller.

5.3. Delivery of the order to the buyer is carried out by the seller to the address specified in the order.

5.4. Ownership of the Goods, as well as the risk of their accidental damage or loss, passes to the buyer from the moment of delivery of the goods.

5.5. when accepting an order, the buyer is obliged to check the Goods for compliance with the order and the integrity of the packaging. The absence of claims of the buyer to the delivered Goods indicates that the seller has fully and properly fulfilled its obligation to transfer the goods.

PAYMENT FOR GOODS
6.1. The price of the product is indicated in UAH.

6.2. the total price of the order consists of the cost of all goods indicated in the seller's call center confirmed by the operator on the buyer's order, taking into account the actual cost of these goods indicated on the website, mobile application, all taxes and fees, as well as the cost of completing the order.

6.3. the total price of the Order is indicated on the website, mobile application or reported by the seller's call center operator to the buyer during the order placement.

6.4. Payment for goods is made in cash to the courier upon receipt of the order or by bank transfer by making a payment using bank cards on the website, mobile application or upon receipt of the order.

6.5. Payment for goods is made in the national currency of Ukraine.

6.6. the seller has the right to stop the execution of the order and / or cancel the order unilaterally in case of non-fulfillment or improper fulfillment by the buyer of the obligation to pay for the corresponding order.

6.7. the price and range of goods on the website or mobile application may be changed by the seller at its sole discretion at any time without the need to notify the buyer. At the same time, the price of goods indicated on the site at the time of placing a specific order is relevant for placing this order.

7. PRODUCT RETURN PROCEDURE
7.1. the buyer has the right to refuse the received goods of improper quality after their inspection at the time of receiving the goods.

7.2. In case of refusal of goods of improper quality, the cost of which was paid by the buyer by bank transfer, the Seller returns the funds to the buyer for the Goods of improper quality within 10 banking days.

8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. under this agreement, the seller undertakes to sell the goods offered for sale on the site in accordance with the buyer's duly executed order and the terms of this offer, and the buyer undertakes to accept and pay for the products ordered by him.

8.2. this agreement applies to all products displayed on the site and the mobile application at the time of placing the order by the buyer.

8.3. The Seller undertakes to:

- sell goods stipulated by the terms of this Agreement;

- provide the ability to order and pay for goods;

- provide advice on how to use the Website, mobile app, and order processing;

8.4. the seller has the right to:

- refuse to sell and / or transfer the ordered goods due to the buyer's improper performance of its obligations under this Agreement;

- make changes to this Agreement unilaterally;

- make changes to the information posted on the site or mobile application unilaterally and at your own discretion;

- involve third parties in fulfilling their obligations to the buyer;

- change the terms and conditions and / or the time of delivery of goods to the buyer, provided that the buyer is notified of such changes at the phone number specified by the buyer when placing the order;

8.5. the buyer undertakes to:

- carefully read the terms of this Agreement;

- comply with the terms of this Agreement

- accept goods of proper quality corresponding to the buyer's order;

- Pay for the Product before it is received or at the time of its receipt;

- Check the quantity and name of the ordered goods when they are received.

8.6. the buyer has the right to:

- require the seller to sell the goods in accordance with the terms of this Agreement.

9. LIABILITY OF THE PARTIES
9.1. In case of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall bear the responsibility provided for by the current legislation and this Agreement.

9.2. the seller is not responsible for any damage caused to the buyer as a result of improper use of the goods purchased by him.

9.3. In cases not provided for in this Agreement, the Parties bear responsibility established by the current legislation of Ukraine.

9.4. the seller considers the claims of buyers within 15 (fifteen) business days from the date of receipt of such claims.

9.5. the buyer is responsible for the correctness and accuracy of the data entered in the order form.

10. DISPUTE RESOLUTION PROCEDURE
10.1 all disputes that may arise under this Agreement or in connection with its execution, the buyer and seller resolve through negotiations. Pre-trial dispute resolution procedures are mandatory.

10.2. all disputes are considered in the presence of a written claim sent by registered mail in the form of postal communication.

10.3. if the buyer and seller are unable to reach an agreement on disputed issues through negotiations, these issues are subject to resolution in accordance with the current legislation of Ukraine.

11. CONFIDENTIALITY AND INFORMATION PROTECTION
11.1. The buyer gives his consent to the seller to collect, process, accumulate, store and use his personal data (name, mobile phone number and other personal data), as well as transfer them to third parties solely for the purpose and within the framework of ensuring the fulfillment of the seller's duties assigned to him in accordance with the terms of this offer. The buyer's personal data is processed in accordance with the Law of Ukraine "On Personal Data Protection". Buyers ' personal data is stored in the seller's database. Personal data of buyers is collected solely for the purpose of fulfilling the terms of this offer, compliance with the norms in the field of regulating tax relations, accounting relations and advertising relations.

11.1.1. the seller has the right to provide access to and transfer the buyer's personal data to third parties without any additional notifications, without changing the purpose of their processing – the fulfillment of the terms of this offer. At the same time, third parties who may have access to the buyer's personal information, if this is necessary for the performance of their functions, are prohibited from using personal information for purposes other than to fulfill the terms of this offer.

11.2. the seller has the right to send Informational Messages, including advertising messages, to the buyer's mobile phone. The buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal by sending a written application for refusal to receive advertising and other information to the seller at the address indicated on the website or mobile application. Service messages informing the buyer about the order and its processing stages are sent automatically and cannot be rejected by the buyer.

11.3. the seller is not responsible for the information provided by the buyer in a publicly accessible form on the website or mobile application.

11.4. the seller has the right to record telephone conversations with the buyer, having previously notified the buyer of such recording. At the same time, the seller undertakes to: prevent unauthorized access to information obtained during telephone conversations and / or transfer it to third parties who are not directly related to the execution of orders, in accordance with the Law of Ukraine "On Information".

11.5. General information about such aspects as the number of site visitors, which pages they visit, what information they download, the type of browser and operating system they use, the name of the Internet service provider, and so on. automatically published by the seller. The seller has the right to combine this information with similar data about other users in order to further analyze and improve the adaptation of the site or mobile application to the needs of visitors (potential buyers).

12. TERM OF THE AGREEMENT
12.1. this Agreement is considered concluded at the moment of completion of the order by the buyer and confirmation of acceptance of the order for execution by the seller.

12.2. the Agreement is valid until the Parties fulfill all the terms of this Agreement.

13. FORCE MAJEURE CIRCUMSTANCES
13.1. the seller is released from liability for partial or complete non-performance of obligations under this Agreement, if such non-performance of obligations is due to force majeure circumstances. Force majeure refers to extraordinary and unavoidable circumstances that make it objectively impossible to fulfill obligations stipulated in the terms of the contract, the occurrence and existence of which is beyond the seller's control. Force majeure circumstances include, in particular: the threat of war, an armed conflict or a serious threat of such a conflict, acts of terrorism, sabotage, fire, explosion, long interruptions in the operation of transport, regulated by the terms of relevant decisions and acts of state authorities, an embargo, a ban (restriction) on export / import, etc., a decision of the authorities changes in national legislation, failure of technical systems used by the seller, malicious actions of third parties against the seller, as well as caused by exceptional weather conditions and natural disasters, traffic jams and the like.

14. ADDITIONAL TERMS AND CONDITIONS
14.1. the seller has the right to assign or otherwise transfer its rights and obligations arising from its relationship with the buyer to third parties.

14.2. The Site may be temporarily partially or completely unavailable due to technical, preventive or other work or for other technical reasons.

14.3. in all matters that are not provided for in the terms of this offer, the buyer and seller are guided by the current legislation of Ukraine.

14.4. In case of establishing special conditions for the assortment, cost of goods, other order conditions in connection with promotions, etc. - such actions will not be considered a violation of clause 2 of Article 633 of the Civil Code of Ukraine.

14.5. when placing an order, regardless of the method of placing it (verbally by phone, on the website, or via the mobile app), the buyer confirms the following::

- The Buyer is familiar with the terms of this offer (offer) to conclude a contract and accepts them fully and unconditionally;

- The buyer is familiar with and agrees with the range and price of the goods, the terms of their payment and delivery, and other terms of purchase and sale of goods specified on the site;

- all data provided by the buyer when placing an order (the list of products, their personal data, delivery address, phone number, etc.) are up-to-date and complete.

The buyer provided all the necessary order details regarding the range, quantity of products, etc. that they intended to provide when placing the order. Making changes to the order or canceling the Order after it is confirmed is not allowed.

The Buyer guarantees that all the terms and conditions of this Agreement are understood and accepted unconditionally and in full.

This Agreement is concluded by the buyer's acceptance of this public offer, which contains all the essential terms of the agreement, without signing by the Parties.

The Buyer agrees to the use of their personal data.

In cases that are not regulated by this Agreement, the buyer and seller undertake to follow the norms established by the current legislation of Ukraine.

the PIZHAMKISS service.

Means of communication: +38 (067) 301-7992

E-mail: pizhamkiss@gmail.com

Postal address: 01001, Ukraine, Kiev

* PIZHAMKISS delivery service. in each specific case, it may involve third parties of individual business entities to fulfill the terms of this Agreement.