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Public offeR

Публічна оферта

1. General Provisions

1.1. Individual Entrepreneur Holtsov Ilya hereinafter referred to as the "Seller," acting in accordance with the registration in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations, publishes this public offer for the purchase and sale of goods.

1.2. In accordance with Article 641 of the Civil Code of Ukraine (hereinafter referred to as the "Civil Code of Ukraine"), this document, posted on the Internet at the website/online store http://www.low5games.com and http://www.low5games.com.ua, constitutes a public offer, and in case of any actions taken by an individual that indicate their acceptance, such actions are binding on the Seller and the respective individual.

1.3. The payment by the Buyer for the Goods from the Seller's online store constitutes a full and unconditional acceptance of the offer, which is considered equivalent to entering into a written agreement on the terms set forth in the offer.

The following terms used in this offer are defined as follows:

“Buyer” – an individual who enters into an agreement with the Seller based on the terms stated therein.

“Seller” – Individual Entrepreneur Holtsov Ilya, engaged in the sale of goods under the trademark “low5games” through the website/online store http://www.low5games.com and http://www.low5games.com.ua.

“Offer” – a public proposal by the Seller addressed to any individual to enter into an agreement for the purchase and sale of goods (hereinafter referred to as the “agreement”) on the existing terms outlined in the proposal.

“Acceptance” – the full and unconditional acceptance by the Buyer of the terms of the offer, which occurs after the payment for the goods.

“Order” – a list of Goods independently selected by the Buyer from the list of products on the online store and for which payment has been made.

“Goods” – any products under the trademark “low5games.”

2. Subject 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 under the terms of this Agreement.

2.2. This Agreement establishes the terms of purchase and sale of Goods in the online store. The Agreement also regulates the procedure for placing an Order and delivering the Order, specifically:

– The voluntary selection of Goods by the Buyer in the online store;

– The independent placement of an Order by the Buyer in the online store;

– The payment by the Buyer for the Order placed in the online store;

– The processing and delivery of the Order to the Buyer under the terms of this Agreement.

3. Rights and Obligations of the Parties

3.1. The Seller undertakes:

3.1.1. To sell the Goods to the Buyer under the terms of this Agreement.

3.1.2. To transfer ownership of the Goods to the Buyer under the terms of this Agreement.

3.2. The Buyer undertakes:

3.2.1. To independently select the Goods in the online store, timely and fully pay for the Order under the conditions established by this Agreement.

3.2.2. To thoroughly review the terms of this Agreement before accepting it.

3.2.3. To comply with the Seller's requirements, rules, prohibitions, and other conditions of the Goods' sale.

3.3. The Seller has the right:

3.3.1. To refuse the sale of Goods to the Buyer without providing reasons. To terminate the Agreement and refund the Buyer the paid amount.

3.3.2. Not to deliver the Goods to the Buyer if the payment for the Order is not received on the Seller's current account, even if the Buyer provides proof of such payment (payment receipt, check, or other payment document) before the funds are credited to the Seller's current account.

3.3.3. To provide additional promotional items to the Buyers during the fulfillment of the Order.

3.3.4. To make changes in the procedure, timing, and terms of delivery and purchase of the Goods. The Seller informs the Buyer about the changes by placing an appropriate announcement publicly available for viewing on the online store and/or by sending an SMS/other targeted message to the Buyer.

3.3.5. To refuse to fulfill this Agreement in full or in part if the Buyer fails to fulfill its obligations.

3.4. The Buyer has the right:

3.4.1. To independently choose and place Orders, make payments, and receive the Goods in any convenient quantity within the offered terms and conditions of the Seller and this Agreement.

3.4.2. To receive necessary and accurate information about the operation of the online store and the Goods being sold.

3.4.3. To refuse to receive the Goods, but without the possibility of a refund.

3.4.4. To return the Goods at their own expense in accordance with the current legislation of Ukraine, including the Law of Ukraine "On Consumer Protection."

4. Procedure for Purchasing the Goods

4.1. The Buyer has the right to place an order for any Goods that are available and presented in the online store.

4.2. The quantity of the selected Goods is not regulated and is limited only by the availability of the chosen quantity of Goods in the Seller's warehouse.

4.3. In the event of the Goods' unavailability, the Buyer may, with the Buyer's consent, replace it with a similar product or cancel the order and receive a refund.

4.4. Payment for the Order can be made through payment systems on the online store's website or to the Seller's current account or upon receipt of the Goods during delivery (section "Payment and Delivery" on the online store).

4.5. Payment for the Goods is made in the national currency of Ukraine - hryvnia.

4.6. Delivery of Goods purchased in the online store is carried out by a courier service on a contractual basis (section "Payment and Delivery" on the online store).

4.7. After placing and paying for the Order, all necessary documents related to the Order, required by the legislation of Ukraine, are provided to the Buyer electronically (via email).

5. Responsibilities of the Parties

5.1. The Parties are responsible for non-performance or improper performance of the terms of this agreement in the manner provided by this agreement and the applicable legislation of Ukraine.

5.2. The Seller is not liable for:

– Minor discrepancies in the color of the Goods, which may differ from the original product solely due to variations in color reproduction on personal computer monitors.

– The content and accuracy of information provided by the Buyer during order placement.

– Delays and interruptions in the provision of Services (order processing and delivery of goods) due to reasons beyond the Seller’s control and influence.

– The Buyer’s transmission of their network identifiers – IP addresses, MAC addresses, login, and password – to third parties.

5.3. The Buyer, when using the Internet access provided to them, independently assumes responsibility for any damages caused by their actions (personally, if another person was using their login) to individuals or their property, legal entities, the state, or moral principles of morality.

5.4. The Buyer is responsible for the accuracy of the information provided during order placement. Moreover, by accepting this agreement, the Buyer gives the Seller their unconditional consent to the collection, processing, storage, and use of their personal data in accordance with the "Personal Data Protection Act" and the section "Privacy Policy" of the online store.

5.5. The Seller is not responsible for technical inconveniences and the lack of knowledge in the Buyer regarding the technical capability of placing an order.

5.6. In the event of force majeure circumstances, the Parties are released from the performance of the terms of this agreement. Force majeure circumstances for the purposes of this agreement are understood as extraordinary, unforeseen events that exclude or objectively hinder the performance of this agreement, events that the Parties could not foresee and prevent by reasonable means, including but not limited to natural disasters, military actions, civil unrest, uprisings, protests, epidemics, and pandemics.

5.7. The Parties make every effort to resolve any discrepancies exclusively through negotiations.

6. Other Terms of the Agreement

6.1. The Seller reserves the right to unilaterally make changes to this agreement, provided that it is published on the website http://www.low5games.com and http://www.low5games.com.ua beforehand.

6.2. The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Article 11 of the "Electronic Commerce Act" of Ukraine.

6.3. The Buyer confirms that they have given consent for the collection and processing of personal data. The Buyer's personal data is processed, stored, and used in accordance with the Regulations on the Processing and Protection of Personal Data in personal data databases, the owner of which is the Seller of the goods (section "Privacy Policy" of the online store).

6.4. If this agreement is concluded on behalf of a minor and their legal representative, this legal representative, depending on the nature and content of the obligation, fulfills the obligations imposed on the Buyer by this Agreement, and/or ensures their performance by the minor on behalf of whom they concluded the agreement.