PUBLIC OFFER AGREEMENT

Publication date: 04/05/2024​

 

 

This Public Offer Agreement (" Offer ") concluded between you and FOP Didenko Kateryna Genadievna , effective on the basis of an extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations dated March 11, 2024 (entry in the State Register No. 2010350000000518867 dated 11.03.2024 ), RNOCPP: 3437216887 (hereinafter referred to as " Seller ").

 

This Public Offer Agreement (hereinafter referred to as the " Offer ", " Agreement ") is an official open offer by the Seller to conclude a public Agreement by means of remote communication, i.e. through the Seller's online store, which is located at the following link: https://mili- online.com (hereinafter - the " Site ") to any interested natural or legal entity.

 

 

1. PROPOSAL STATUS AND ITS ACCEPTANCE
   1. This Agreement is public, in accordance with Art. 633, 641 of the Civil Code of Ukraine (hereinafter referred to as the " Civil Code of Ukraine "), and its conditions are the same for all Buyers, the unconditional acceptance of the conditions of which are considered as accentuation of this Offer by the Customer, for which the Seller publishes this Agreement. The buyer who accepted the Offer acquires all rights and obligations in accordance with Art. 638 of the Civil Code of Ukraine.

 

1. 2. This Agreement is considered to have been concluded, and the Seller's proposal for concluding this Agreement (offer) is fully accepted (accepted) by the Buyer from the moment the Buyer clicks the "Make an order" button, using the information system of the website: https://mili-online.com 

 

1. 3. By notifying the Seller of his phone number, e-mail, link to the Instagram page (Direct), the Buyer consents to the use of the specified means of communication by the Seller, as well as by third parties involved by the Seller in fulfilling obligations to the Buyer. The data can be used for the purpose of disseminating information about the transfer of the Order for delivery, as well as other information directly related to the fulfillment of obligations to the Buyer under this Agreement.

 

1. 4. By placing an Order, the Buyer agrees that the Seller may entrust the execution of the Agreement to a third party, while remaining responsible for its execution.

 

1. 5. The Agreement is valid until the adoption of a new version of this Agreement.

 

1. 6. By taking actions regarding the acceptance of a public Offer, the Buyer confirms his authority, legal capacity, reaching the age of 18, as well as the legal right to enter into contractual relations with the Seller.

 

1. 7. The term of consent begins from the moment of acceptance of this Offer until the moment of withdrawal of consent, which is sent to the Seller's e-mail address specified in the Agreement. The Buyer consents to receive advertising mail from the Seller to the e-mail address and/or messenger and/or Instagram Direct specified by him when paying for the Product.

 

1. 8. By taking actions regarding the acceptance of this public Offer, the Buyer confirms that he has received from the Seller all complete information about the terms, price, order of delivery and payment and other terms of the sale of the Goods under the Contract and that he understands all the terms of the Contract, and he accepts them unconditionally and in full, as well as read and agree to all the terms and conditions of accepting payments of the payment system and messengers used by the Seller.

 

 

2. DEADLINES

1. The site is the official online store of the Seller, located at the Internet address: https://mili-online.com, including all its web pages. Within the framework of the Agreement, the concept of an Internet store, as well as an Internet address and all derivatives are equivalent and interpreted authentically, according to the context of the Agreement.

 

2. The product is the subject of the contract, including, but not limited to: clothing, accessories and other items presented in the online store for the purpose of their sale.

 

3. The Buyer is a legally competent natural person who has reached the age of 18, receives information from the Seller, places an order for the purchase of the Product presented on the Internet store website for purposes not related to the implementation of business activities, or a legal entity or an individual entrepreneur .

 

4. Acceptance - giving the Seller full and unconditional consent to the offer to conclude the Agreement on the terms stipulated in this Agreement by adding the Goods to the virtual cart and sending the Order, i.e. the Buyer taking actions aimed at accepting the terms of this Offer.

 

5. Order – properly executed and placed using the Site or by sending to the Seller's e-mail (e-mail) the Buyer's request for the purchase of the Goods selected by him.

 

6. Delivery service - a third party that provides services for the transportation of goods, courier or postal delivery of goods.

 

 

6. 0. 3. SCOPE OF THE CONTRACT

1. The Seller undertakes, on the terms and in the manner specified by the Agreement, to sell the Goods based on the Order placed by the Buyer on the relevant page of the Site, and the Buyer undertakes, on the terms and in the manner specified by the Agreement, to buy the Goods and pay for them.

 

2. The seller confirms that he has all the necessary permits for conducting business activities that regulate the scope of legal relations that arise and operate during the execution of the Agreement, and also guarantees that he has the right to manufacture and/or sell the Goods without any restrictions, in accordance with the requirements the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer's rights in the process of execution of this Agreement and sale of the Goods.

 

 

2. 0. 4. RIGHTS AND OBLIGATIONS OF THE BUYER

1. The buyer is obliged to:
2. Before accepting this Agreement, familiarize yourself with all its terms and conditions;
3. Familiarize yourself with the information about the Product (its description, cost and delivery methods), which is posted on the Site, before the Order is placed and sent;
4. In the manner and under the conditions established by this Agreement, properly pay for and receive the Order issued in accordance with the terms of this Offer;
5. When registering and/or placing an Order, provide the Seller with all the information necessary to deliver the Order. The Buyer bears full responsibility for providing false information, which caused the inability of the Seller to properly fulfill its obligations to the Buyer;
6. Upon receipt of the Order, verify the integrity and completeness of the Goods by reviewing the contents of the Order. In the case of detection of damage or incomplete completion of the Goods - record all differences in the Act, which must be signed by the person who delivered the Order together with the Buyer;
7. During the period stipulated by the current legislation of Ukraine for the return of the Goods, keep the relevant payment document (goods receipt, fiscal receipt, etc.) confirming the sale of the Goods;
8. Familiarize yourself with the Rules of cargo transportation of delivery services before placing the Order.

 

2. The buyer has the right to:

1. Select the Products, complete and send the Order on the relevant pages of the Site;
2. To require the Seller to fulfill the conditions and obligations provided for in this Agreement;
3. Refuse to accept and pay for low-quality or incomplete Goods or Goods that do not correspond to the sent Order;
4. Refuse to receive advertising materials and other commercial offers of the Seller sent by the latter to the Buyer's e-mail address;
5. To exercise other rights stipulated by this Agreement and the current legislation of Ukraine.

 

 

5. 0. 5. RIGHTS AND OBLIGATIONS OF THE SELLER

1. The seller is obliged to:
2. Provide the Buyer with complete and reliable information about the Product, as well as its price by posting this information on the Site;
3. After confirmation of the Order, execute properly executed and confirmed Orders;
4. On the terms established by the Agreement, deliver the Goods to the Buyer in accordance with the selected sample on the relevant page of the Site, issued by the Order and the terms of the Agreement;
5. Check the qualitative and quantitative characteristics of the Product during its packaging in the warehouse and preparation for delivery;
6. In no way disclose information about Buyers' personal data, passwords and other access data in accordance with the security rules posted on the Site;
7. Deliver the Goods in accordance with the completed Order and the terms of this Offer;
8. Give each Buyer the opportunity to refuse to receive advertising materials and other commercial offers from the Seller, which are sent by the latter to the e-mail address specified during registration on the site.

 

2. The seller has the right:

1. Demand from the Buyer the fulfillment of the obligations assigned to him in accordance with the terms of this Agreement;
2. Unilaterally suspend the performance of obligations under this Agreement in case of violation by the Buyer of the terms of this Agreement, as well as change or terminate the validity of this Agreement. Such change or suspension of this Agreement does not apply to orders made before such changes, which were accepted for execution;
3. At its own discretion, unilaterally make changes to the terms of the Offer by placing (publishing) it in a new edition on the Site. Changes enter into force from the moment of their posting (publication), unless another period of entry into force of the changes is additionally determined upon their publication;
4. In the event of the absence of the Goods ordered by the Buyer, the latter has the right to exclude the specified Goods from the Order/cancel the Buyer's Order, necessarily notifying the Buyer in advance and agreeing such cancellation with him, by sending a corresponding electronic message to the e-mail address specified by the Buyer during registration, or informing the Buyer about this by calling the operator of the contact center to the phone number specified by the Buyer;
5. Post on the Site information about advertising events and marketing activities that are or will be conducted by the Seller and/or third party partners of the Seller. Also, in accordance with the terms of this Agreement and the Privacy Policy, send e-mails with information about news, advertising events, marketing activities, other commercial offers of the Seller to the e-mail address of the Users;
6. Organize the delivery of Orders, involving third parties in providing delivery services.

 

 

6. 0. 6. ORDER PROCEDURE

1. The Buyer's acceptance of the offer to conclude this Agreement is carried out by placing an Order for the Goods in the online store under the conditions specified in this Agreement.

 

2. The Buyer places the Order independently on the relevant page of the Site by adding the Goods to the virtual cart by clicking the "Add to Cart" button, or by placing an order by e-mail or by phone specified in the contact section of the Site.

 

3. By clicking on the "Make an order" button, the Buyer confirms that he has been duly notified by the Seller of:

• the name of the Seller, its location and the procedure for accepting a claim;
• main characteristics and consumer properties of the Goods chosen by the Buyer;
• the cost of the Goods selected by the Buyer;
• method, procedure and conditions of payment and delivery of the Goods selected by the Buyer;
• warranty obligations of the Seller and other services related to the maintenance or repair of the Goods selected by the Buyer (if they are available);
• warranty period and service period of the Goods chosen by the Buyer, mandatory conditions of use of the Goods and possible consequences in case of non-fulfillment thereof;
• the period of acceptance of the proposal (offer) regarding the conclusion of this public contract;
• the procedure for terminating this Agreement;
• other conditions on which the Goods are offered for sale.

 

4. By clicking on the "Make an order" button, the Buyer confirms that before ordering (purchasing) the Goods in full and properly in accordance with the requirements of Article 15 of the Law of Ukraine "On the Protection of Consumer Rights" he received all the necessary, available, reliable and timely information about the Product chosen by him, which fully ensured the possibility of a conscious and competent choice of this Product.

 

5. The term of formation of the Order is up to 2 working days from the moment of its registration. If the Order is sent on a weekend or holiday, the term of formation begins on the first working day after the weekend.

 

6. After placing the Order on the Site, the Buyer is provided with information about the estimated delivery date by sending a message to the email address or phone number or by calling the phone number specified by the Buyer during the Order.

 

7. In case of unavailability of the Ordered Goods, the Seller is obliged to notify the Buyer of such information using the means of communication left by the Buyer during registration on the Online Store Site. Under such conditions, the Buyer has the right to replace it with a Product of a similar model or cancel the Order by calling the Seller's contact number.

 

 

7. 0. 7. PRICE AND PAYMENT PROCEDURE

1. The price of the Goods offered for sale in the online store is indicated on the relevant page of the Site in the national currency of Ukraine (hryvnia) per unit of the Goods. The total cost of the Order is determined by adding the price of all the selected Goods placed in the virtual basket and the delivery price, which is determined depending on the cost of the Order and depending on the method of delivery in accordance with the terms of the Agreement.

 

2. The Buyer pays an advance payment to the Seller in the amount of 100% of the value of the Goods or on condition of advance payment in the amount of 200 hryvnias. In case of absence of the Buyer at the delivery address specified by the Buyer in the Order or refusal of the Buyer to receive the Goods for unjustified reasons, when delivered by a courier of the Delivery Service, or if the Goods are not received at the Delivery Service branch within 10 calendar days, the Goods are returned to the Seller. At the same time, the amount of advance payment paid by the Buyer is returned minus the costs incurred by the Seller in connection with the delivery of such Order.

 

3. In the case of an incorrect indication of the price of the ordered Product, the Seller informs the Buyer about this to confirm the Order at the adjusted price or cancel the Order.

 

4. The price of the Product on the Site can be changed unilaterally by the Seller. At the same time, the price of the Goods ordered by the Buyer cannot be changed.

 

5. The Seller has the right to provide discounts on the Goods and/or to establish a bonus program, and/or to offer the Buyers to purchase several Goods at once or their combination, as well as to offer the Buyers, in the case of purchasing a specific Product specified by the Seller, to purchase another Product specified by the Seller at a reduced price. The types of discounts, bonuses, coupons, the order and terms of their accrual, indicated on the Site, may be changed by the Seller unilaterally.

 

6. The buyer can pay for the ordered Goods:

• with the Buyer's payment card on the Site using technical means provided by the relevant legal entity acting as an online acquirer based on the relevant agreement with the Seller. Payment by payment card is possible if it is provided by the functionality of the Site at the time of ordering the Product;
• by cash or non-cash payment upon receipt of the Goods in the case of ordering courier delivery or at the "Nova Poshta" Order issuing point;
• 100 (one hundred)% cashless payment to the Seller's bank card.

 

7. When the Buyer pays for the Order with a payment card, an additional fee may be charged by the issuer of this card. When clicking on the "Place order" button on the corresponding section of the Site, it means that the Seller has informed the Buyer about the possibility of charging an additional fee when the Buyer pays for international orders by the issuer of the Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro, etc. card.

 

 

7. 0. 8. ORDER DELIVERY

1. Delivery of orders on the territory of Ukraine is carried out in accordance with the conditions specified on the Site. Delivery of the Goods ordered by the Buyer is carried out by the Seller on its own or with the help of couriers and delivery services engaged by the Seller, depending on the place and method of delivery specified by the Buyer in the relevant Order for the Goods. The costs of delivery of the Goods are paid by the Buyer.

 

2. If the delivery of the Orders is carried out by delivery services, the Buyer by Acceptance of this Agreement fully and unconditionally agrees with the Rules of transportation of goods of delivery services. The terms of such Rules can be found on the websites of the respective delivery services. The delivery and delivery (handover) of the ordered Goods by means of the delivery service of LLC "Nova Poshta" is carried out in accordance with this Agreement, taking into account the specifics of the cargo delivery conditions established by LLC "Nova Poshta".

 

3. Orders are sent within 7 working days from the date of confirmation of the order, subject to availability of the Goods, unless other terms are stipulated at the time of confirmation of the Order.

 

4. During the delivery of the Order, the Goods are handed over to the Buyer or to a third party specified in the Order as the Buyer or Recipient. In case of impossibility of receiving the Order by the Buyer, the Order may be delivered to a person who can provide accurate information about the Order. During the delivery of the Order, the delivery service, represented by its representative, has the right to demand the presentation of a document certifying the recipient's identity.

 

5. Regardless of the chosen method of delivery of the Goods, the Seller's obligation to deliver the Goods shall be deemed fulfilled in full from the moment the Goods are handed over to the Delivery Service.

 

6. The risk of accidental destruction and/or accidental damage to the Goods passes to
   the Buyer/Recipient of the Goods from the moment the Order is handed over to him and the Buyer/Recipient of the Goods signs the documents confirming the delivery of the Order.

 

7. In the case of delivery of the Goods to the territory of another country, the Buyer shall pay customs duties in the amount and in the manner prescribed by the legislation of the country to which the delivery is made, as well as the cost of delivery in accordance with the terms and tariffs of the Delivery Service.

 

 

7. 0. 9. PROCEDURE FOR ACCEPTANCE OF GOODS

1. When receiving the Goods, the Buyer/Recipient of the Goods is obliged to check the Goods for quantity, quality, assortment and completeness.

 

2. Acceptance of the Goods is carried out by the Buyer at the time of delivery or receipt of the Goods by the Buyer at the Seller's address. If the payment for the Goods is made in cash, the Goods will be handed over to the Buyer after full payment of its value.

 

3. When accepting the Goods, the Buyer is obliged to check the external integrity of the packaging, after which to open it and directly make sure of the proper external condition of the Goods, the absence of mechanical damage and the completeness of its completeness.

 

4. In the absence of comments regarding the quality and completeness of the Goods, the Buyer is obliged to accept the Goods.

 

5. Together with the Goods, the Seller is obliged to issue to the Buyer a settlement document certifying the fact of purchase, with a mark on the date of sale. The Seller has the right to provide the Buyer with a fiscal check in electronic form by sending it to the subscriber number (any messenger) or e-mail address provided by the Buyer.

 

6. In the event that the Buyer discovers defects in the Goods upon acceptance of the Goods, the Buyer has the right to refuse to accept the Goods and terminate this Agreement or to refuse to accept the Goods and demand the replacement of the Goods with the same or similar Goods available from the Seller.

 

 

6. 0. 10. EXCHANGE AND RETURN OF GOODS

1. The return of the Goods is carried out on the basis of the Law of Ukraine "On the Protection of Consumer Rights" No. 1023-ХІ of 12.05.1991 (as amended).

 

2. The list of goods of appropriate quality that are not subject to return, approved by the resolution of the Cabinet of Ministers of Ukraine "On the implementation of certain provisions of the Law of Ukraine "On the Protection of Consumer Rights" dated March 19, 1994 No. 172.

 

3. The Product must be returned by the Buyer in the original packaging in which he received the Product. The return of the Goods, as well as the refund of funds, is carried out in accordance with the procedure and terms determined by the current legislation of Ukraine and this Agreement.

 

4. The return of the Goods of proper quality, the delivery of which was carried out by the delivery service, is carried out at the expense of the Buyer.

 

5. A self-completed return application with the reason for return must be attached to the returned product. The return form can be requested from the administrator.

 

6. If, at the time of the exchange, a similar Product is not available for sale, the Buyer has the right to either purchase any other Products from the available assortment with the appropriate recalculation of the cost, or to terminate the Agreement and receive money back in the amount of the value of the returned Product, or to exchange the Product for a similar product upon first receipt the corresponding Product for sale.

 

7. Return of goods of proper quality:

1. The return of the Goods of proper quality is possible within 14 calendar days from the moment of its receipt, provided that the Goods have not been used, and the following have been preserved: their appearance, consumer properties, attached labels, tags, labels and tags, as well as the presence of factory packaging . It is not allowed to apply inscriptions, addresses, etc. on the packaging.
2. In case of termination of the Agreement and return of the Goods, which have already been paid by the Buyer in a non-cash way, the funds paid by him are returned by the Seller within 7 (seven) days from the moment of return of the Goods.
3. The cost of the Product is returned to the person specified in the Product return form. Refunds are made by transferring funds to the bank card specified in the return form, based on the value of the Product at the time of purchase. Only the cost of the Goods is returned to the buyer. The cost of return shipping is paid by the Buyer. If the Buyer sent a package with the return of the Order at the expense of the recipient, the cost of delivery is deducted from the amount of the return.

 

8. Return of goods of inappropriate quality:

1. A Product of inadequate quality means a Product that cannot ensure the performance of its functional qualities. Differences in design elements, color or design from those stated in the description on the Site are not a sign of inadequate quality of the product and/or the impossibility of its intended use.
2. After receiving the Order, claims regarding external defects of the Product, its quantity, completeness and product appearance are not accepted.
3. The Seller is not responsible for the defects of the Goods that arose after their transfer to the Buyer as a result of the Buyer's violation of the rules for the use or storage of the Goods, actions of third parties or force majeure.
4. If the reason for the return was an error by the Seller, the Buyer will be refunded the full cost of the order. The Seller of the Online Store also pays for the return shipping of the Goods. An error by an employee of the Seller/Online Store means: sending another model; shipment of a different size; inconsistency in the color of the photo model. At the same time, the inconsistency of the shade of the same color is not taken into account, due to the fact that the same image may look different on different monitors.
5. The Buyer's claims shall not be satisfied if the Seller proves, on the basis of an expert opinion, that the defects of the Goods arose as a result of the Buyer's violation of the rules for using the Goods, or the terms of its storage, or the terms of return.

 

9. Depending on the method by which the Order was paid for, the following refund options are available:

• provided that the Order is paid in cash when received at the delivery service branch, the refund is made via a transfer to a card of any bank issued by the Buyer, issued in the Buyer's name. For a refund, you must provide full card details (IBAN, TIN, card number);
• provided that payment is made by bank card on the website, funds will be automatically returned to the card from which the payment was made.

 

 

11. ADVERTISING

1. The Site may include advertisements and marketing information provided by the Seller or a third party, and with respect to such advertisements and marketing information provided by third-party advertisers, the Seller cannot control its usefulness, accuracy or completeness.

 

2. The Seller shall not be liable for any liability arising out of any such advertisement, information or agreement between Users or Buyers and such advertiser, including any damages that may arise from the User's or Buyer's reliance on such advertisement .

 

 

12. SITE CHANGE

1. The Seller may change the Site from time to time as follows:

• • modify, add or remove elements or features of the site, for example, to improve functionality, ensure operational security, correct errors and improve the operation of the site;
  • terminate the operation of the site or limit the use of the site or access to it; or
  • review, mark, change, reject publication, block access to the site or delete any site content without notice or liability; or
  • prohibit access to the site and its content, block or remotely change any content previously downloaded from the site to your device, if the Seller considers such actions necessary or appropriate at its sole discretion as a result of contractual obligations, changes in legislation, court decisions or for other reasons.

 

2. If the Seller removes content, prohibits access to it or otherwise blocks your access to any content, you must contact the provider of the relevant content.

 

 

13. INFORMATION EXCHANGE

1. The seller uses the following third-party software providers:

• analytics providers to analyze our performance and conduct market research;
• customer relationship management software to manage and carry out our marketing (electronic) activities;
• electronic notification providers;
• technical support and management software;
• cloud hosting providers for storage and processing of collected data;
• answer forms, app-to-app integration;
• Site personalization tools.

 

2. The service providers listed above only process personal data based on our instructions. They are prohibited from using any of your personal data for their own purposes.

 

 

14. TERM OF THE AGREEMENT AND PROCEDURE FOR TERMINATION

1. The Agreement enters into force from the date of acceptance of the Agreement by the Buyer and is valid until the Parties fully fulfill their obligations under the Agreement.

 

2. The contract may be prematurely terminated:

1. By agreement of the Parties at any time;
2. At the initiative of any Party in case of violation by the other Party of the terms of the Agreement with the sending of a written notice to the other Party. In such a case, the Agreement is considered terminated from the moment the Party that violated the terms of the Agreement receives a corresponding written notice from the other Party;
3. At the initiative of any of the Parties, provided that a written notice is sent to the other Party 14 (fourteen) calendar days before the date of such termination of the Agreement;
4. In other cases stipulated by the current legislation of Ukraine.

 

 

15. MISCELLANEOUS

1. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.

 

2. The Seller may change the terms of this Agreement at any time. In this case, the Buyer's continued use of the Online Store and Services will mean that the Buyer agrees to the new terms of the Offer and the new Agreement. Seller will notify Buyer of material changes by posting a notice on the Site or by emailing you (if applicable).

 

3. In case of questions, the Buyer can contact the Seller using the contact information available on the website of the online store.

 

4. In the event of disputes related to the performance of this Agreement by the Parties, with the exception of disputes about debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The claim review period is 7 (seven) calendar days from the date of its receipt. In disputes related to debt collection from the Buyer, compliance with the claims procedure is not required.

 

5. All disputes, disagreements or claims arising from this Agreement or in connection with it, including those related to its implementation, violation, termination or invalidity, are subject to resolution in the appropriate court in accordance with international and Ukrainian substantive and procedural law.

 

 

 

 

DETAILS OF THE SELLER:

FOP Didenko Kateryna Hennadiivna

Ukraine, city of Dnipro, str. Rusova

Sofia, building 63, apartment 84

RNOKPP 3437216887