This Purchase Agreement (hereinafter referred to as the "Agreement") is a public contract concluded at a distance and simultaneously a public offer - a proposal of the Seller to conclude a public purchase and sale agreement for the Goods using means of distance communication, namely through the Seller's online store, located at the address: https://pinecone.com.ua/, with any interested party subject to the conditions provided in this Agreement.

TERMS AND CONCEPTS. GENERAL PROVISIONS
1.1 Terms and concepts contained in the Agreement are used in the following meaning:

Website - the website of the Seller's online store located on the Internet at the address: https://pinecone.com.ua/, including all its web pages.

Seller - Individual Entrepreneur MOLCHKOVA TETIANA IVANIVNA, registered in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Formations No. 2 067 000 0000 158827 dated July 10, 2023, taxpayer identification number 3256802848, place of registration (residence): 04203, Kyiv, Danchenko Street, Building 5, Apartment 124.

Buyer - any capable natural person who has reached the age of eighteen, legal entity, individual entrepreneur intending to place or has placed an order on the Website with the purpose of purchasing the Goods.

Goods - the list of goods published on the Website offered for sale under the terms of this Agreement for sale at a distance, using means of distance communication through the Seller's online store.

Public agreement - an agreement under which the Seller undertakes to sell the Goods to anyone who applies to him on the terms provided by this Agreement.

Public offer - a public offer of the Seller addressed to an indefinite number of persons to conclude an electronic purchase and sale agreement for the Goods at a distance using the Seller's online store on the terms specified by the Seller.

Acceptance - the Buyer's provision of full and unconditional consent to the Seller's offer to conclude a Public agreement on the terms provided by the Public agreement by performing actions provided by this Agreement aimed at accepting the terms of the Public offer.

Order - properly executed and placed through the Website or by sending an email (electronic mail) to the Seller's request of the Buyer to purchase the selected Goods.

Material defect - a defect that makes the use of the Goods impossible or unacceptable according to its intended purpose, arising from the fault of the manufacturer (seller), after its elimination, reappears for reasons independent of the Buyer, and is endowed with at least one of the following characteristics:

a) it cannot be eliminated at all;

b) its elimination requires more than fourteen calendar days;

c) it makes the Goods substantially different from what is provided by the Agreement.

Defect - any inconsistency of the Goods with the requirements of regulatory legal acts and regulatory documents, the terms of this Agreement, or the requirements imposed on it, as well as information about the Goods provided by the manufacturer (Seller).

1.2 This Agreement is a public agreement in accordance with Article 633 of the Civil Code of Ukraine, the terms of which are the same for all Buyers.

1.3 This Agreement is posted on the Website and is a public offer in accordance with Article 633 of the Civil Code of Ukraine.

1.4 This Agreement is an adherent contract, that is, a contract that can only be concluded by joining the Buyer to the proposed contract as a whole. The Buyer cannot offer his own terms of the contract.

1.5 The Seller ensures the availability of the Goods offered for sale by him. Information about the Goods posted in the online store, including photographs, may differ from the actual appearance of the Goods. The description and characteristics of the Goods indicated on the Website do not contain exhaustive information about the Goods and may contain errors. The Buyer can obtain full information about the Goods of interest to him by contacting the seller. Information about the means of communication with the Seller is posted on the Website.

1.6 The price of the Goods and the cost of delivery are indicated on the Website in the relevant sections, as well as additionally displayed when placing the Order and in the electronic Order confirmation message.

1.7 By concluding the Agreement, the Buyer confirms that he is fully familiar with and agrees to its terms, and also, if the Buyer is a natural person, gives consent to the processing of his personal data for the purpose of fulfilling the terms of this Agreement, the possibility of conducting settlements, as well as for receiving invoices, expenditure invoices, and other documents. The permission to process personal data is valid for the entire term of the Agreement. In addition, by entering into this Agreement, the Buyer confirms that he has been informed (without additional notification) about the rights established by the Law of Ukraine "On Personal Data Protection," about the purposes of data collection. The scope of the Buyer's rights as a personal data subject under the Law of Ukraine "On Personal Data Protection" is known and understood by him.

1.8 This Agreement is considered concluded from the moment of placing the Order by the Buyer in accordance with section 4 of this Agreement.

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 on the terms of this Agreement.

2.2 The right of ownership of the Goods passes to the Buyer at the moment of acceptance of the Goods by the Buyer on the terms specified by this Agreement.

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

2.4 The Seller and the Buyer confirm that this Agreement is not fictitious, a simulated legal act, an act performed under the influence of violence or deception.

PROCEDURE FOR ACCEPTING THE OFFER TO CONCLUDE THE AGREEMENT
3.1 The acceptance of the Buyer's offer to conclude this Agreement is made by placing an Order for the Goods in the online store on the terms specified in this Agreement.

ORDERING PROCEDURE
4.1 The Buyer independently selects the Goods on the website and adds the selected Goods to the "Cart" by clicking the "Add to Cart" button.

4.2 After clicking the "Proceed to checkout" button, the Buyer fills out the Order form, indicating his name, surname, e-mail (electronic mail), phone number, delivery address, payment method, delivery method, and other data necessary for the Seller to fulfill its obligations under the Agreement.

4.3 By clicking the "Confirm order" button, the Buyer agrees to all the terms of this Agreement and confirms that he has received comprehensive information about the Goods, its main characteristics, price, delivery cost, and delivery terms.

4.4 The Buyer has the right to place an Order by writing a letter to the e-mail (electronic mail) address provided on the Website.

4.5 The Order is considered placed after the actions specified in paragraphs 4.1. and 4.2. of this Agreement are taken, and by clicking the "Confirm order" button or by performing the action specified in paragraph 4.4 of this Agreement.

ORDER PROCESSING AND CONFIRMATION
5.1. The processing and confirmation period of the Order by the Seller is up to 2 (two) business days from the moment of its placement. In case additional time is needed by the Seller to process and confirm the Order, such period is agreed with the Buyer additionally.

5.2. The Seller confirms the Order by sending an electronic letter (electronic message) to the e-mail address provided by the Buyer when placing the Order, specifying the main characteristics of the Goods, the sequential number of the Order for the Goods assigned by the Seller, the price of the Goods, its quantity, delivery cost, information about the delivery term of the Goods ordered by the Buyer (if the Buyer ordered Goods with delivery), and a reference to this Agreement.

5.3. In case it is impossible to fulfill the confirmed Order due to the absence of the ordered Goods, the Seller immediately notifies the Buyer but not later than 30 (thirty) days from the moment of placing the Order.

REGISTRATION ON THE WEBSITE
6.1. Registration on the Website is carried out in the "My account" section.

6.2. Registration on the Website is not mandatory for placing an Order.

6.3. When registering on the Website, the Buyer undertakes to provide accurate and truthful information about himself and his contact details for the Seller to fulfill its obligations to the Buyer and deliver the Goods to him.

6.4. The Buyer undertakes not to disclose the login and password specified by the Buyer during registration to third parties.

6.5. The Buyer bears full responsibility for the preservation and security of the login and password specified by him during registration on the Website.

6.6. The Buyer is solely responsible for all actions taken on his behalf, that is, using his login and password.

PRICE OF THE GOODS AND ORDER PAYMENT PROCEDURE
7.1. The price of the Goods is indicated on the Website for each unit of Goods separately and includes taxes.

7.2. All prices for Goods are indicated in the national currency of Ukraine - hryvnia. Prices for Goods may additionally be indicated in US dollars or other foreign currency; however, all settlements for Goods are made in hryvnia. Depending on the fluctuations in the exchange rate established by the National Bank of Ukraine, the actual debited amount in foreign currency from the Buyer's account may differ from the price of the Goods in foreign currency indicated on the Website. The Buyer bears all expenses related to the commission and other fees charged by the bank for the conversion of foreign currency.

7.3. In the case of selling Goods abroad, payment may be made in US dollars and euros to the Seller's foreign currency account.

7.4. Payment for the Goods is made in one of the following ways:

In cash upon receipt of the Goods.
In a non-cash manner using bank cards in accordance with the rules of the respective payment system.
7.5. The payment method for the cost of the Goods is determined by the Buyer independently and is indicated when placing the Order for the Goods.

7.6. Payment for the Goods using a bank card is made immediately after the Buyer selects the Goods.

7.7. In case the Buyer expresses a desire to pay for the Goods in cash, payment for the Goods is made upon receipt of the Goods by the Buyer.



TERMS, COST, AND CONDITIONS OF ORDER DELIVERY
8.1. The delivery of the Goods is carried out within the territory of Ukraine or beyond its borders by the Seller independently or through third parties (delivery services, transport companies, etc., at the Seller's choice).

8.2. If the Goods selected by the Buyer are available in the Seller's warehouse, the delivery is made within 30 (thirty) calendar days from the date of placing the Order in accordance with section 4 of this Agreement.

8.3. Regardless of the chosen method of delivery of the Goods, the Seller's obligations regarding the delivery of the Goods are considered fulfilled in full from the moment of transferring the Goods to the transport company or courier delivering the Goods.

8.4. In case the delivery of the Goods is carried out by the Seller, the Goods are delivered to the entrance of the building or to the gate of the Buyer's building.

8.5. If the delivery of the Goods is carried out by a transport company, the delivery of the Goods is carried out according to the terms of delivery of the transport company.

8.6. The Goods are handed over to the Buyer upon presentation of an identity document by the person receiving the Goods.

8.7. The costs of delivering the Goods are borne by the Buyer.

8.8. The cost of delivery is determined in accordance with the tariffs of the delivery service or transport company that performs the delivery.

8.9. The Buyer can familiarize himself with the cost of delivery within Ukraine (tariffs) directly at the delivery service or transport company that will carry out the delivery.

8.10. The cost of delivery outside Ukraine is determined automatically when placing the Order after specifying the delivery method and delivery location, and is additionally indicated in the electronic confirmation message of the Order.

8.11. In case of placing an Order with delivery outside Ukraine, the Buyer independently pays taxes, customs duties, and other fees associated with such delivery.

PROCEDURE FOR ACCEPTING THE GOODS
9.1. If the Buyer ordered the Goods without delivery, he can personally receive the ordered Goods at the Seller's address specified on the Website.

9.2. The 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. In case payment for the Goods is made in cash, the transfer of the Goods to the Buyer is made after full payment of its cost.

9.3. Upon acceptance of the Goods, the Buyer is obliged to check the external integrity of the packaging, then open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and the completeness of its set.

9.4. In case of absence of remarks regarding the quality and completeness of the Goods, the Buyer is obliged to accept the Goods.

9.5. Together with the Goods, the Seller is obliged to provide the Buyer with an invoice confirming the purchase, with a note of the sale date, and instructions for caring for the Goods.

9.6. In case the Buyer detects defects or significant deficiencies in the Goods during acceptance, the Buyer has the right to refuse acceptance of the Goods and terminate this Agreement, or refuse acceptance of the Goods and demand replacement of the Goods with the same item or an equivalent one from those available from the Seller.



RETURNS AND EXCHANGES OF GOODS. TERMINATION OF CONTRACT
10.1. The Buyer has the right to return or exchange the received Goods of proper quality for a similar one within 14 (fourteen) calendar days from the date of receiving the Goods, excluding the day of purchase, subject to all of the following conditions:

10.1.1. The Goods have not been used, their commercial appearance and consumer properties have been preserved, seals, tags, as well as the invoice issued to the Buyer together with the sold Goods, are intact.

10.1.2. The Goods are not included in the list of goods specified in Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994, No. 172 "On the implementation of certain provisions of the Law of Ukraine "On Consumer Rights Protection" as such that are not subject to exchange and/or return (for example, bed linen, hosiery, and other items).

10.2. The Buyer does not have the right to return or exchange bed linen and hosiery of proper quality under any circumstances.

10.3. If at the time of exchange there is no identical Goods available for sale, the Buyer has the right to either purchase any other Goods from the available assortment with a corresponding recalculation of the cost, or terminate the Contract and receive a refund in the amount of the returned Goods' value, or exchange the Goods for a similar one upon the first receipt of the relevant Goods for sale.

10.4. In case of discovering significant defects within the established warranty period caused by the manufacturer of the Goods (Seller), or counterfeiting of the Goods confirmed by an expert examination, the Buyer has the right to choose either to terminate the Contract with a refund of the paid amount for the Goods, or to demand a replacement of the Goods with the same item or an equivalent one among those available from the Seller.

10.5. The Buyer or the Seller have the right to terminate this Contract at any time before the Buyer accepts the Goods.

10.6. The Buyer has the right to terminate this Contract within 14 (fourteen) calendar days from the date of receiving the Goods, excluding the day of purchase, subject to simultaneous compliance with all the conditions specified in paragraphs 10.1.1. and 10.1.2. of this Contract.

10.7. If the Goods were sent to the Buyer by mail, then in case of termination of the Contract, such Goods must also be returned by mail.

10.8. The Seller undertakes to reimburse the Buyer's expenses related to the return of the Goods.

10.9. In case of termination of the Contract and return of the Goods that have already been paid for by the Buyer in a non-cash manner, the amount paid by the Buyer is refunded by the Seller within 7 (seven) days from the date of returning the Goods.

10.10. If the Buyer refused to accept the Goods, which were already paid for by him in a non-cash manner and decided to terminate the Contract, the amount paid by him is refunded by the Seller within 7 (seven) days from the date of termination of the Contract.

WARRANTY OBLIGATIONS
11.1. The Seller guarantees the conformity of the Goods to state standards and/or technical conditions of Ukraine, which establish requirements for such type of Goods.

11.2. The Seller is not responsible for the defects of the Goods if they arose after its transfer to the Buyer as a result of the Buyer's violation of the rules of use (instructions for caring for the Goods) or storage of the Goods, actions of third parties, or force majeure.

11.3. The Seller establishes a warranty period for the Goods for a period of 90 days. The warranty period starts from the day following the receipt of the Goods by the Buyer.

11.4. In case of discovering defects of the Goods within the established warranty period, the Buyer has the right to demand:

11.4.1. Proportional reduction of the price.

11.4.2. Free elimination of the defects of the Goods within a reasonable period.

11.4.3. Reimbursement of expenses for the elimination of the defects of the Goods.

11.5. During the warranty repair, the warranty period is extended for the time the Goods are under repair.



GIFT CERTIFICATES
12.1. This Gift Certificate Policy ("Policy") governs the use and redemption of gift certificates ("Gift Certificates") purchased on pinecone.com.ua ("Website"). By purchasing or using a Gift Certificate, you agree to abide by the terms set forth in this Policy.

12.2. Gift Certificates may only be used for a single transaction and cannot be split across multiple transactions or broken into smaller amounts. The entire value of the Gift Certificate must be used for a single purchase.

12.3. In the event that a purchase is made using a Gift Certificate, and the purchase amount is less than the value of the Gift Certificate, any remaining balance on the Gift Certificate will be voided. No refunds, credits, or cash will be given for any unused portion of the Gift Certificate.

12.4. Gift Certificates are valid for the period specified at the time of purchase, or as required by applicable law. After the expiration of the validity period, Gift Certificates cannot be used, nor are they eligible for refunds or exchanges. Gift Certificates are non-refundable and cannot be exchanged for cash or credit, in whole or in part.

12.5. The company reserves the right to change or modify this Policy at any time without prior notice. Any changes take effect immediately upon posting on the Website. It is your responsibility to periodically review this Policy to stay informed of updates.

12.6. By purchasing, accepting, or using a Gift Certificate, you agree to abide by the terms set forth in this Policy, which may be subject to change over time. If you do not agree with any part of this Policy, you should not purchase, accept, or use a Gift Certificate on our Website.

PROCEDURE FOR ACCEPTANCE OF CLAIMS REGARDING GOODS
13.1. In case of claims regarding purchased Goods, the Buyer has the right to contact the Seller by sending an email to the email address provided on the Website.

13.2. The term for considering claims is up to 10 (ten) business days from the date of receiving the claim.

13.3. For claims regarding significant defects of the Goods caused by the manufacturer (Seller) of the Goods or counterfeiting of the Goods, the Buyer must attach an expert opinion.

13.4. After receiving the Goods by the Buyer, claims regarding the external appearance and completeness of the Goods are not accepted.

TERM OF THE PUBLIC OFFER
14.1. The term of this Public Offer is established from 01.07.2023.

14.2. The Seller may withdraw this Public Offer at any time, which is not grounds for terminating already concluded Contracts.

14.3. The Seller has the right to unilaterally make changes to this Contract by simultaneously posting it on the Website. Changes made to this Contract do not apply to Contracts concluded before such changes are posted on the Website.

LIABILITY OF THE PARTIES
15.1. The parties are responsible for non-performance or improper performance of the terms of this Contract in accordance with this Contract and the current legislation of Ukraine.

15.2. In the event of force majeure circumstances, the parties are relieved from the performance of the terms of this Contract. Force majeure circumstances are understood as events of an extraordinary, irreversible, unforeseeable nature that exclude or objectively impede the performance of this Contract, the occurrence of which the parties could not foresee or prevent by reasonable measures.

15.3. The party referring to the action of force majeure circumstances must notify the other party in advance of the occurrence of such circumstances.