Public Offer Agreement

Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter collectively referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement) addressed to an unlimited number of persons, which is by an official public offer of the Seller to conclude with the Buyers an agreement for the sale and purchase of the Goods, the code of which is posted in the corresponding section of the Website  monika.ua .
When purchasing an API token (hereinafter referred to as the Product), the code of which is posted on the corresponding pages of  monika.ua , Buyers accept the terms of this Agreement as follows.

GENERAL PROVISIONS
1.1. The contractual relationship between the Seller and the Buyer is formalized in the form of a Public Offer Agreement. Clicking on the page of the website  monika.ua  in the corresponding section of the button "Pay" means that the Buyer, regardless of the status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, took to fulfill the terms of the Agreement public offers that are listed below.
1.2. The public offer agreement is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers, regardless of status (individual, legal entity, individual entrepreneur). With full agreement with this Agreement, the Buyer accepts the conditions and procedure for payment for the goods by the Seller, liability for an unfair Order and for failure to comply with the terms of this Agreement.
1.3. This Agreement enters into force from the moment you click on the "Pay" button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and full settlement with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, the consent of which was provided by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, then the rules of the international treaty are applied.

TERMS AND DEFINITIONS
"Public Offer Agreement" - a public agreement, a sample of which is posted on the website  monika.ua  and the use of which is mandatory for Sellers, containing the Seller's offer to purchase the Goods, the code of which is posted on the Website  monika.ua , directed to an indefinite circle of persons, including Buyers.
"Acceptance" - acceptance by the Buyer of the seller's offer to purchase the Goods, the image of which is posted on the website  monika.ua , by clicking the "Pay" button.
"Product" - an item of trade (product, model, accessory, components and related items, any other items of trade), the purchase of which is  posted on the website  monika.ua by the seller.
"Buyer" - any capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who have visited the website  monika.ua  and intend to purchase one or another Product.
"Seller" - any capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who are the owners or distributors of the Goods and with the help of the Website  monika.ua  intend to sell it.
"Order" - a  Buyer's application for the purchase of Goods duly executed and posted on the Website  monika.ua , addressed to the Seller.
"Legislation" - the norms established by Ukrainian or international legislation for the regulation of contractual legal relations under the Agreement.
"Substantial deficiency of the Goods" - a deficiency that makes it impossible or unacceptable to use the Goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller), after its elimination it manifests itself again for reasons independent of the consumer.

SUBJECT OF THE CONTRACT
3.1. The Seller undertakes, on the terms and in the manner determined by this Agreement, to sell the Goods on the basis of the Order placed by the Buyer on the corresponding page of the Website  monika.ua , and the Buyer undertakes, under the conditions and in the manner determined by this Agreement, to buy the Goods and pay money for it.
3.2. The Seller guarantees that the Product is not pledged, is not a subject of a dispute, is not under arrest, and there are no rights of third parties to it.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham deal or a deal made under the influence of pressure or deception.
3.4. The seller confirms that he has all the necessary permits to carry out economic activities that regulate the scope of legal relations arising and operating in the process of executing this Agreement, and also guarantees that he has 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.

RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The Seller is obliged to:
fulfill the terms of this Agreement;
fulfill the Buyer's orders in case of receipt of payment from the Buyer;
transfer the Goods to the Buyer in accordance with the selected sample on the corresponding page of the  Monika.ua Website , the completed order and the terms of this Agreement;
notify the buyer about the possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this agreement.
4.2. The Seller has the right to:
unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
4.3. Seller:
Business entity from among the persons offering for purchase on the Website  monika.uaGoods according to the uniform agreed rules set forth in this public offer agreement. *

RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The buyer is obliged to:
timely pay and receive the order under the terms of this Agreement;
get acquainted with the information about the Goods posted on the Website  monika.ua ;
5.2. The buyer has the right to:
place an order on the corresponding page of the website  monika.ua ;
require the seller to comply with the terms of this Agreement;
to inform about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.

ORDER PLACEMENT PROCEDURE
6.1. The Buyer independently places an order on the corresponding page of the Website  monika.ua  by entering the profile and updating information about himself.
6.2. The term of formation is immediately from the moment of its registration.

PRICE OF THE CONTRACT AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and indicated on the corresponding page of the Website  monika.ua .
7.2. The cost of the Order may vary depending on the price, quantity or range of goods.
7.3. The buyer can pay for the order in the following ways:
1) by bank transfer of money to the Seller's current account indicated in the invoice, incl. using Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) By credit card of the following type: 
Visa
Visa Electron
Mastercard
Mastercard Electronic
Maestro
3) in any other way as agreed with the Seller.
Note. When the Buyer pays for the order with a payment card, an additional commission may be charged by the issuer of this card, in particular, when the Buyer pays for the order with a payment card, an additional commission may be charged when the Buyer pays for European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. When clicking on the page of the Website  monika.ua  in the corresponding section of the button "Pay" means that the Seller has notified the Buyer about the possibility of charging an additional commission when the Buyer pays for European orders, the issuer of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.

TERMS OF RETURN OF GOODS
8.1. You can return the product if:
when inspecting a new product, the color or size did not suit you;
the product is not what you expected;
the product does not match the description or photo;
goods of inadequate quality.
LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
9.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and current international and Ukrainian legislation.
9.2. In the event of any disputes related to the implementation 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 claim procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. In disputes in connection with debt collection from the Buyer, compliance with the claim procedure is not required.
9.3. All disputes, disagreements or claims arising from or in connection with this Agreement, including those concerning its execution, violation, termination or invalidity, are subject to resolution in the appropriate court in accordance with international and Ukrainian substantive and procedural law.

FORCE MAJEURE CIRCUMSTANCES
10.1. The parties are not liable for failure to fulfill any of their obligations, with the exception of payment obligations, if they prove that such failure was caused by force majeure, that is, events or circumstances that are really beyond the control of such a party that occurred after the conclusion of this Agreement, unpredictable and inevitable. 

Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or unfavorable weather conditions, hazards and accidents at sea, embargoes, disasters, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the implementation of this Agreement.
10.2. The Party for which it became impossible to fulfill obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances, and also within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.
10.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which the performance was postponed due to the listed circumstances.
10.4. If, due to force majeure circumstances, non-fulfillment of obligations under this Agreement 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.
Despite the onset of force majeure, before the termination of this Agreement due to force majeure, the Parties make final settlements.

OTHER CONDITIONS OF THE CONTRACT
11.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the seller about ordering the Goods, sending advertising messages, etc.).
11.2. By own acceptance of the Agreement or registration on the Website  monika.ua  (filling out the registration form) The Buyer voluntarily agrees to the collection and processing of his personal data with the subsequent purpose: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, sending by telecommunication means of communication (e-mail, mobile communications) advertising and special offers, information about promotions, sweepstakes or any other information about the activities of the Website  monika.ua

For the purposes provided for in this paragraph, the Buyer has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send sms messages, make calls to the phone number indicated in the questionnaire.
11.3. The buyer gives the right to process his personal data, including: to place personal data in databases (without additional notification of this), to store data for life, accumulate, update, change (as necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for these purposes, as well as to a mandatory request from a competent state organ).
11.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials by sending it to the postal or e-mail address.
11.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified when placing an order.