General Provisions

Under this Agreement, the Seller, on one side, and any person who accepts the terms of this public offer agreement - the Buyer, on the other side, hereinafter together referred to as the Parties, have concluded this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is an official public proposal of the Seller to conclude a purchase and sale agreement for Goods with Buyers. The photographs of which are posted in the relevant section of the inkohoreca.com Website (hereinafter - the Website).

Sellers intending to sell Goods through the Website and Buyers purchasing Goods, the images of which are posted on the respective pages of the Website, accept the terms of this Agreement as stated below.

1. General Provisions

1.1. The contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Clicking on the "Checkout" or "Buy in One Click" button on the Website in the corresponding section means that the Buyer, regardless of their status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, has undertaken to fulfill the conditions of this Agreement, as indicated below.

1.2. The Agreement is public in accordance with Articles 633, 641 of the Civil Code of Ukraine, which means its terms are the same for all Buyers, regardless of their status (individual, legal entity, individual entrepreneur). By fully agreeing to the Agreement, the Buyer accepts the terms and procedure for placing an order, payment, and delivery of the goods by the Seller, as well as responsibility for dishonest Orders and non-compliance with the terms of this Agreement.

1.3. The Agreement comes into force from the moment of clicking on the "Checkout" or "Buy in One Click" button, whereby the Buyer agrees to make a purchase of the Seller's available Goods and remains in effect until the Buyer receives the Goods from the Seller and makes full payment to them.

1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply the norms of the current legislation of Ukraine. If an international treaty, the consent to the binding force of which has been granted by the Verkhovna Rada of Ukraine, establishes rules different from those established by Ukrainian legislation, then the rules of the international treaty shall apply.

2 .Terms and Definitions

Public Offer Agreement: a public contract, the template of which is posted on the Website and the application of which is mandatory for all Sellers, containing the Seller's proposal for the purchase of Goods, the images of which are posted on the Website, aimed at an indefinite circle of persons, including Buyers.

Acceptance: the Buyer's acceptance of the Seller's proposal for the purchase of Goods depicted on the Website by adding it to the virtual cart and placing an Order.

Goods: the subject of trade (product, model, accessory, components and accompanying items, any other items of trade) for the purchase of which the Seller's proposal is posted on the Website.

Buyer: any capable individual, legal entity, individual entrepreneur, according to the current Ukrainian legislation, who visited the Website and intends to purchase one or more Goods.

Seller: any capable individual, legal entity, individual entrepreneur, according to the current international and Ukrainian legislation, who owns or distributes the Goods and intends to sell it through the Website.

Order: a properly formatted request from the Buyer placed on the Website to purchase Goods addressed to the Seller.

Legislation: the norms of the current legislation of Ukraine or the norms of international legislation, which in the prescribed manner are considered part of national legislation and are intended to regulate contractual legal relations under the Agreement.

Material Defect of Goods: a defect that makes the use of the Goods according to its intended purpose impossible or impermissible, arising from the fault of the manufacturer (Seller), and after its elimination, reappears for reasons independent of the consumer.

3. Subject Matter of the Agreement

3.1. The Seller undertakes, under the terms and in the manner defined by this Agreement, to sell the Goods based on the Order placed by the Buyer on the respective page of the Website, and the Buyer undertakes, under the terms and in the manner defined by this Agreement, to purchase the Goods and pay for them.

3.2. The Seller guarantees that the Goods are not pledged, are not subject to dispute, are not under arrest, and there are no third-party rights to them.

3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or simulated transaction or an agreement made under duress or deceit.

3.4. The Seller confirms that they have all necessary permits for conducting economic activities regulating the sphere of legal relations arising and operating in the process of executing this Agreement, and also guarantees that they have the right to manufacture and/or sell the Goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer's rights in the process of executing this Agreement and selling the Goods.

4. Rights and Obligations of the Seller

4.1. Obligations of the Seller:

To fulfill the terms of this Agreement.

To fulfill the Buyer's orders upon receipt of payment from the Buyer.

To deliver the Goods to the Buyer in accordance with the selected sample on the respective page of the Website, the placed Order, and the terms of this Agreement.

To check the qualitative and quantitative characteristics of the Goods before shipment.

To inform the Buyer about possible additional commissions for payments of European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, and Maestro cards by informing in this agreement.

4.2. Rights of the Seller:

Unilaterally suspend the provision of services under the Agreement in case of the Buyer's violation of the Agreement's terms.

4.3. The Seller:

A business entity among those offering Goods for purchase on the Website under the agreed rules set forth in this public offer agreement.

Each Seller is obliged to provide their details, including payment details, in the invoices (orders/receipts) sent to the buyer upon confirmation of their order.

5. Rights and Obligations of the Buyer

5.1. Obligations of the Buyer:

To timely pay for and receive the order on the terms of this Agreement.

To familiarize oneself with the information about the Goods posted on the Website.

To inspect the integrity and completeness of the Goods upon receipt.

5.2. Rights of the Buyer:

To place an order on the respective page of the Website.

To demand the Seller to fulfill the terms of this Agreement.

To be informed about possible additional commissions for payments of European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, and Maestro cards.

6. Order Processing Procedure

6.1. The Buyer can place an Order:

On the respective page of the Website by adding the Goods to the virtual shopping cart.

Via email or phone numbers provided on the Website.

6.2. Order Processing Timeframe:

Within 2 business days from the moment of its placement.

7. Contract Price and Payment Procedure

7.1. The price of each Good is determined by the Seller and indicated on the Website. The contract price is calculated by adding the prices of the Goods to the virtual shopping cart and the delivery cost.

7.2. The order cost may vary depending on the price, quantity, or assortment of the Goods.

7.3. The Buyer can pay for the Order:

By bank transfer to the Seller's account.

Cash on delivery upon receipt of the Order from the delivery service.

Using credit or debit cards such as Visa, Visa Electron, Mastercard, Mastercard Electronic, Maestro, or other cards supported by the Seller's bank.

By other methods as agreed with the Seller.

Note:

When paying for European orders with cards like Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro, an additional commission from the issuer of these cards may apply. The Seller informs the Buyer about the possibility of such a commission when placing the order on the Website.

These terms become effective from the moment the Buyer clicks the "Place Order" or "Buy in One Click" button on the Website.

8. TERMS OF DELIVERY OF GOODS

8.1. Delivery and Receipt:

The Buyer receives the Goods via delivery or personally. The payment and receipt procedure is specified on the respective page of the Website.

8.2. Delivery by Carrier Companies:

When delivering Goods to other cities in Ukraine or to the territory of another country by other Delivery Services (hereinafter Carrier Companies), the Buyer fully and unconditionally agrees to the Rules of Cargo Transportation by these Carrier Companies.

8.3. Confirmation of Receipt:

The fact of receiving the Goods and the absence of claims regarding the quality of the Goods delivered by Carrier Companies are confirmed by the Buyer's signature on the cargo transportation bill, declaration of the Carrier Company, or delivery note upon receipt of the Goods. From its side, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid by the Buyer, complete according to the specification of this Goods, and in proper (working) condition and quality.

8.4. Unavailability of the Buyer:

In case of the Buyer's absence at the delivery address specified by the Buyer in the application or the Buyer's refusal to receive the Goods for unjustified reasons, when delivered by the courier of the Carrier Company, the Goods are returned to the shipping center. The payment for the services of the Carrier Company is deducted from the amount transferred by the Buyer for the Goods. The remainder of the amount is returned to the Buyer based on their letter sent to the email address specified by the Seller on the Website, indicating the bank account to which the funds should be returned. The Buyer can clarify all questions related to payment and receipt of the Goods using the contact details in the Contacts section.

9. TERMS OF PRODUCT RETURN

9.1. Right to Exchange:

In accordance with Article 9 of the Law of Ukraine "On Protection of Consumer Rights," the Buyer has the right to exchange Goods of proper quality within fourteen days, excluding the day of purchase, unless a longer period is specified by the Seller. The Buyer has the right to exchange Goods based on the provisions of the legislation regarding the grounds and list of Goods that are not subject to exchange (return).

9.2. Return Procedure:

If the Buyer intends to return the Goods, such return is carried out in accordance with the "Service Centers and Warranty" section of the Website, taking into account the rules and conditions of the carrier or courier applicable in the territory of Ukraine or another country where the Goods are received.

9.3. Identification of Defects:

In case of the presence of at least one of the enumerated defects, the Buyer is obliged to document it in an act of arbitrary form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, defects should be documented through photo or video recording. Within 1 (one) day, the Buyer is obliged to inform the manager (Seller's representative responsible for processing orders for Goods) about the identified defects and arrange for the replacement of the Goods, exercising their right to claim, by sending an email or using the feedback button available on the website.

9.4. Condition of the Goods:

The Parties agreed that failure to comply with the mandatory requirements of the specified procedure constitutes the receipt of the Goods by the Buyer in proper condition – without any mechanical damage and in complete set.

10. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION

10.1. Responsibility for Non-Performance:

The Parties are responsible for non-performance or improper performance of the terms of this Agreement in accordance with this Agreement and applicable international and Ukrainian legislation.

10.2. Dispute Resolution:

In case of disputes arising from the performance of this Agreement by the Parties, except for disputes regarding the collection of debts from the Buyer, the Parties undertake to resolve them through negotiations following the claims procedure. The term for considering the claim is 7 (seven) calendar days from the date of its receipt. The claims procedure is not required for disputes related to the collection of debts from the Buyer.

10.3. Judicial Resolution:

All disputes, discrepancies, or claims arising from or in connection with this Agreement, including its performance, breach, termination, or invalidity, shall be resolved in the relevant court in accordance with international and Ukrainian substantive and procedural law.

11. FORCE MAJEURE CIRCUMSTANCES

11.1. Responsibility for Force Majeure Circumstances:

The Parties shall not be liable for the non-performance of any obligations, except for payment obligations, if they prove that such non-performance was caused by force majeure circumstances. Force majeure circumstances are events or circumstances beyond the control of such Party, occurring after the conclusion of this Agreement, and of an unforeseen and unavoidable nature. Force majeure circumstances include, but are not limited to, natural disasters, strikes, fires, floods, explosions, freezing, wars (both declared and undeclared), riots, loss of goods, carrier delays due to accidents or adverse weather conditions, perils and accidents at sea, embargoes, catastrophes, restrictions imposed by governmental authorities (including distribution, priorities, official requirements, quotas, and price controls) if these circumstances directly affect the performance of this Agreement.

11.2. Notification of Force Majeure:

If one of the Parties becomes unable to perform its obligations due to force majeure circumstances, it must immediately notify the other Party in writing of the occurrence of such circumstances and provide confirmation of force majeure circumstances within 30 (thirty) calendar days. Confirmation may be provided in the form of a certificate, certification, or other relevant document issued by an authorized state authority located where the force majeure circumstances arose.

11.3. Extension of Performance Period:

The time required for the Parties to perform their obligations under this Agreement shall be extended for any period during which performance was delayed due to force majeure circumstances.

11.4. Termination of the Agreement:

If the non-performance of obligations under this Agreement due to force majeure circumstances continues for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other Party in writing. Before terminating this Agreement due to force majeure circumstances, the Parties shall make final settlements.

12. OTHER TERMS OF THE AGREEMENT

12.1. Confidentiality of Information:

The information provided by the Buyer is confidential and used solely for the fulfillment of their Order. Buyer's information may be used for sending advertising messages and information about website promotions.

12.2. Consent to Personal Data Processing:

Registration on the website and placing an order implies the Buyer's consent to the collection and processing of their personal data for the purpose of processing orders, sending advertising and informational materials.

12.3. Processing of Personal Data:

The Seller has the right to process the Buyer's personal data, including placing them in databases, storing, accumulating, and updating them. The Seller undertakes to ensure the protection of data from unauthorized access and not to transfer the data to third parties, except to related persons.

12.4. Opt-Out of Mailing:

The Buyer may opt out of receiving advertising materials at any time by contacting the Seller and submitting a request to unsubscribe.

12.5. Responsibility for Provided Information:

The Seller is not responsible for the accuracy of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information provided when placing an order.