Public offer

TOREST Limited Liability Company (hereinafter referred to as the SELLER) publishes this Public Service Agreement on the website located at In accordance with Article 633 of the Civil Code of Ukraine (hereinafter referred to as the "Civil Code"), this Agreement is a public contract, and in case of acceptance of the terms and conditions set forth below, any legally capable individual or legal entity (hereinafter referred to as the "Buyer") undertakes to comply with the terms of this Agreement. If the BUYER does not agree with its terms, or with any clause of the terms, the SELLER offers the BUYER to refuse to conclude the Offer Agreement and use the SELLER's services.

TERMS AND DEFINITIONS:Buyer - a capable individual or legal entity who has placed an Order on the Site. By accepting the terms of the offer, the BUYER confirms that he is a legally capable citizen, individual entrepreneur or representative of a valid legal entity who has the necessary documents to carry out the transaction;The Seller is TOREST Limited Liability Company, located on the Internet at: - a duly executed request of the BUYER for the purchase of the GOODS posted on the SELLER'S WEBSITE.Goods - an object of the material world, not withdrawn from civilian circulation and presented for sale on the Website. The Website contains photo samples of the GOODS.Manager - a representative of the SELLER who, on behalf of the SELLER, agrees with the BUYER all essential conditions, including delivery, order value and payment for the GOODS.
1. Subject of the offer agreement.1.1 This Agreement governs the sale and purchase of goods on the Site, in particular:- voluntary selection by the Buyer of goods on the Site;- independent ordering by the Buyer on the Site;- payment by the Buyer for the order placed on the Site;- processing and delivery of the order to the Buyer in accordance with the terms of this Agreement.1.2. The SELLER undertakes to transfer ownership to the BUYER, and the BUYER undertakes to pay and accept the GOODS ordered in the online store.
2. The moment of conclusion of the contract.2.1. In accordance with Article 642 of the Civil Code of Ukraine, in case of acceptance of the conditions set forth below and payment for services, the legal entity or individual who accepts this offer becomes the Buyer (in accordance with Part 2 of Article 642 of the Civil Code of Ukraine, acceptance of the offer is tantamount to concluding an agreement on the terms set forth in the offer), and the SELLER and the BUYER jointly become parties to the offer agreement.2.2. The fact of placing an ORDER of the GOODS with the SELLER is an unconditional acceptance of this Agreement, and the BUYER is considered as a person who has entered into a contractual relationship with the SELLER2.3 Ordering:The BUYER independently places an order on the Site. The BUYER receives a notification to the e-mail address specified by the BUYER when placing the Order that the order has been entered into the SELLER's order database. In case of availability of the GOODS and payment of the Order, the Order is processed automatically and the SELLER transfers the GOODS to an external delivery service for sending to the BUYER.If it is necessary to clarify the essential conditions, including delivery, order cost and payment for the GOODS, the Manager shall contact the BUYER to discuss them by telephone.In the absence of any GOODS, the SELLER's manager shall contact the BUYER by telephone or e-mail. In this case, the Buyer has the right to demand the replacement of the missing GOODS / refuse this GOODS / cancel the Order. If during the processing of the Order the GOODS and preparation for the transfer of the GOODS to the external delivery service the GOODS are not available in the warehouse, the SELLER has the right to cancel the Order. In this case, the SELLER shall refund the funds for the paid order to the BUYER to the account from which the Order was paid within 14 (fourteen) business days.The BUYER has the right to completely refuse to purchase the GOODS or change the components of the order (in the event that several units of the GOODS are ordered) at any time before paying for the GOODS by notifying the SELLER by e-mail from the address specified by the BUYER when placing the Order or by phone.The SELLER reserves the right to unilaterally stop accepting Orders from the BUYER and shipping the GOODS to the BUYER, as well as to restrict the BUYER's right to participate in promotions held by the SELLER if the BUYER systematically violates the terms of this Offer Agreement or has a negative impact on the operation of the online store by excessive loading of the online store services.Based on the received Order and the agreed terms, the SELLER transfers the GOODS to an external delivery service for sending to the BUYER.
3. The cost of the GOODS3.1 Prices in the online store are indicated in UAH per unit of the GOODS.3.2. Tariffs for the provision of goods delivery services are not indicated in the online store and are calculated by the external delivery service separately according to the current tariffs of the service.3.3. In the event of an incorrectly indicated price, the SELLER undertakes to notify the BUYER at the earliest opportunity. In this case, the BUYER has the right to refuse to purchase the GOODS in full or to change the components of the order (in the event that several units of the GOODS are ordered). If it is impossible to contact the Buyer within 2 (two) business days from the date of placing the Order, such Order shall be considered canceled.3.4. The SELLER reserves the right to change prices unilaterally. In this case, the price for the GOODS contained in an already completed and paid order is not subject to change.
4. Payment for the GOODS4.1 The total cost of the Order consists of the cost of the GOODS in the online store. The cost of delivery is paid by the BUYER separately to the external delivery service.4.2. The BUYER pays for the Order in any way chosen in the online store.4.3. In the case of a non-cash form of payment, the BUYER's obligation to pay the price of the GOODS is considered fulfilled from the moment the funds are credited to the Seller's current account in the amount of 100% (one hundred percent) of the prepayment.4.4. In the case of a non-cash form of payment, a delay in payment by the Buyer of the price of the GOODS for a period of more than 3 (three) days is a material breach of this agreement. In this case, the SELLER has the right to unilaterally refuse to fulfill this agreement without penalty, notifying the BUYER.4.5. The GOODS shall be delivered to the BUYER at prices, by name, in quantities corresponding to the BUYER'S ORDER.
5. Delivery of the GOODS5.1. Payment and delivery of the ordered goods to the Buyer are carried out by prepayment to external delivery services, namely: pickup, "Nova Poshta" and iPOST services.5.2. The cost of delivery is not indicated in the online store and is calculated in accordance with the tariffs of the delivery organization in force at the time of placing the Order.5.3. When transferring the GOODS, the BUYER must provide an identity document in order to counteract fraud.5.4. The SELLER undertakes to make every effort to transfer the GOODS ordered by the BUYER to the delivery services. However, the SELLER does not assume responsibility for delays that occurred through no fault of his own. In the event of a possible delay in the delivery of the GOODS, the SELLER shall notify the BUYER in writing by sending a letter to the BUYER's e-mail address specified during the ordering process, informing the BUYER of the change in the terms of delivery in order to obtain consent to the new terms of the Order in whole or in part. Claims regarding the delay in delivery of the Order may be sent by the BUYER to the delivery organization.5.5. Title to the GOODS shall be transferred to the BUYER at the time of payment for the GOODS by the BUYER.5.6. Delivery of the GOODS to the BUYER is carried out at the address specified by the BUYER and when placing the ORDER.5.7. The PURCHASER undertakes to accept the GOODS at the address specified in the order at the specified time or to entrust the acceptance of the order to a proxy. If the order was not accepted at the specified address due to the absence of the BUYER, transportation costs will be included in the cost of this or the next order.
6. Warranties for the GOODS6.1. If the GOODS contain a printing defect that leads to the loss or distortion of information: the absence of printed text, pages smeared by the printing press, the discrepancy between the title of the book on the cover and its content, the BUYER reserves the right to return the previously purchased book to the store within 14 days from the date of receipt. In accordance with the Resolution of the Cabinet of Ministers of Ukraine "On the Implementation of Certain Provisions of the Law of Ukraine "On Consumer Protection"" dated 19.03.1994 No. 172, products of good quality are not subject to return.6.2. Except for the guarantees expressly stated in the text of the Offer, the SELLER does not provide any other direct or indirect guarantees under the Offer Agreement.
7. Rights and obligations of the parties7.1. The SELLER undertakes:7.1.1. post on the website information about the main consumer properties of the GOODS, the address (location) of the SELLER, the place of manufacture of the GOODS, the full company name of the Seller, the price and terms of purchase of the GOODS, its delivery, storage rules, the procedure for payment for the GOODS, as well as the period during which the offer to conclude the Agreement is valid.7.1.2. Do not disclose any private information of the BUYER and do not provide access to this information to third parties, except as provided by Ukrainian law.7.1.3. Provide the BUYER with the opportunity to receive free telephone consultations by calling the numbers indicated on the Site. The scope of consultations is limited to specific issues related to the execution of the ORDER.7.1.4. The SELLER reserves the right to amend this AGREEMENT unilaterally until the moment of its conclusion.7.1.5. Provide the BUYER on the SITE with information about the goods provided for by the Law of Ukraine "On Protection of Consumer Rights", as well as information provided for in clause 9 of this Agreement on the procedure and terms of return of goods.7.2. The Buyer undertakes:7.2.1. Before concluding the contract, familiarize yourself with the content of the offer agreement, payment and delivery terms on the Site.7.2.2. Provide accurate information about yourself (full name, contact numbers, e-mail address) and details for the delivery of the GOODS.7.2.3. Accept and pay for the GOODS within the terms specified in this AGREEMENT.
8. Liability of the parties and dispute resolution
8.1. The Parties shall be liable for non-performance or improper performance of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
8.2. The Seller is not responsible for the delivery of the Order carried out by external delivery services.
8.3. The SELLER shall not be liable if the BUYER's expectations about the consumer properties of the GOODS are not justified.
8.4. The Buyer, when placing an Order, is solely responsible for the accuracy of the information provided about himself, and also confirms that he is familiar with and agrees to the terms of this Agreement.
8.5. The SELLER shall not be liable for the inability to serve the BUYER for any reasons beyond its control, including disruption of communication lines, equipment failure, failure to fulfill the obligations of suppliers of certain services.
8.6. In the event that for any reason the external delivery service does not ship the GOODS to the BUYER or ships the GOODS in violation of the terms, the SELLER's liability for the terms of shipment is limited solely to the extension of the delivery time of the GOODS.
8.7. The SELLER shall under no circumstances be liable under the Offer Agreement for:
a) any actions and / or omissions that are the direct or indirect result of the actions / omissions of any third parties;
b) any indirect losses and/or lost profits of the Buyer and/or third parties, regardless of whether the SELLER could have foreseen the possibility of such losses or not;
c) the use (inability to use) and any consequences of the use (inability to use) by the Buyer of the form of payment for the GOODS chosen by him under the Offer Agreement.
8.8. The aggregate liability of the Seller under the Offer Agreement, for any claim or claim regarding the Offer Agreement or its execution, shall be limited to the amount of payment paid to the Seller by the Buyer under the Offer Agreement.
8.9. Without prejudice to the foregoing, the SELLER shall be released from liability for violation of the terms of the Offer Agreement if such violation is caused by force majeure, including: actions of public authorities, fire, flood, earthquake, other natural disasters, lack of electricity and/or computer network failures, strikes, civil unrest, riots, any other circumstances, not limited to the above, which may affect the performance of the Offer Agreement by the SELLER.
8.10. All disputes and disagreements arising in the performance of the Parties' obligations under this Agreement shall be resolved through negotiations. If they cannot be resolved, the PARTIES shall have the right to seek judicial protection of their interests.

9. Return and exchange of goods
9.1. Claims for goods of inadequate quality.
The GOODS of inadequate quality means the GOODS that cannot ensure the fulfillment of their functional qualities. The received GOODS must correspond to the description on the website. The GOODS, the design elements or decoration of which are different from those stated in the description on the website, are not inadequate GOODS.
The appearance and assortment of the GOODS, as well as the completeness of the entire order must be checked by the BUYER at the time of receipt of the GOODS. After receiving the order, claims for external defects of the GOODS, its quantity, assortment and / or presentation are not accepted.
If the BUYER is transferred to the GOODS of inadequate quality, the BUYER has the right to take advantage of the provisions of the Law of Ukraine "On Consumer Protection" and demand the replacement of the GOODS by drawing up a corresponding act, receiving the GOODS from an external delivery service. The SELLER is obliged to accept the GOODS of inadequate quality from the BUYER and to check the quality of the goods (examination) within 20 days from the date of the specified request. Upon confirmation of the inadequate quality of the GOODS, the SELLER is obliged to return the money paid for the GOODS.
Refunds to the BUYER shall be made within 10 (ten) banking days after a positive decision of the examination (recognition by the examination of the quality of the GOODS as inadequate) to the BUYER's bank account. Under an additional agreement, it is possible to transfer funds by postal order or by courier. When returning the GOODS of good quality, the amount of the refund will be reduced by the amount of the commission for transferring funds to the buyer's account or for the courier's departure to return the funds, as well as by the cost of returning the GOODS from the buyer back to the SELLER. When returning the GOODS of inadequate quality, the SELLER reimburses the BUYER for the cost of the returned GOODS and, the cost of the commission for the transfer of funds (or the courier's departure) and the cost of delivery paid by the consumer
In case of correct fulfillment of the Order by the SELLER, the BUYER has the right to fully or partially refuse to purchase the GOODS when the GOODS are transferred by a representative of the delivery service, while paying the full cost of delivery agreed with the BUYER when placing the Order on the Seller's Website.
9.2. Any of the above requirements must be submitted by the BUYER in writing by mail.
9.3. The BUYER's request for the exchange or return of the GOODS shall be satisfied if such BUYER has applied to the SELLER with such a request within 14 (fourteen) days from the date of receipt of the GOODS; the GOODS have not been in use; its consumer properties have been preserved; documents confirming the fact of purchase of this GOODS in the online store have been saved; the BUYER has provided the SELLER with an acceptance certificate from an external delivery service confirming the fact of receipt of the GOODS by the BUYER.
10. Force majeure circumstances
10.1. The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement for the duration of force majeure. Force majeure shall mean extraordinary and insurmountable circumstances under the given conditions that prevent the Parties from fulfilling their obligations under this Agreement. These include natural phenomena (earthquakes, floods, etc.), circumstances of public life (military operations, states of emergency, major strikes, epidemics, etc.), prohibitive measures of state authorities (transportation ban, currency restrictions, international sanctions, trade bans, etc.). During this time, the PARTIES have no mutual claims, and each party assumes its own risk of the consequences of force majeure.

11. Term of the Agreement
11.1. This Agreement shall enter into force from the moment the ORDER is executed and shall expire upon full fulfillment of obligations by the Parties.

12. Personal data
12.1. The SELLER collects and processes personal data of the BUYERS (namely: surname, name, patronymic of the buyer; delivery address; contact phone number) in order to:
- fulfillment of the terms of this Agreement;
- delivery of the ordered GOODS to the BUYER;
- for marketing purposes.
12.2. By placing an Order for the GOODS in the Online Store, the BUYER agrees to the collection and processing of personal data about himself in order to deliver the ordered GOODS and fulfill the terms of this Agreement.
12.3. When collecting and processing the BUYERS' personal data, the SELLER does not pursue any other goals than those set forth in clause 12.1 of this Agreement.
12.4. Only persons directly related to the execution of the ORDERS have access to the personal data of the BUYERS.
12.5. Information about the buyer may be transferred to official bodies strictly in accordance with the requirements of the legislation of Ukraine.
12.6. The SELLER has the right to send advertising or informational messages to the BUYER. The BUYER has the right to refuse advertising and information messages by sending the SELLER a written notice.