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PUBLIC OFFER AGREEMENT FOR THE SALE OF GOODS AND PROVISION OF SERVICES

1. General Provisions and Scope of Application

The text of this Public Offer Agreement (hereinafter referred to as the “Agreement”) is drawn up in accordance with the Civil Code of Ukraine and constitutes the official proposal of the Contractor to enter into an agreement. It is addressed to an indefinite number of persons, namely visitors of the website: pawwer.com (hereinafter referred to as the “Website”) and/or the Pawwer mobile application (hereinafter referred to as the “Mobile Application”) and/or other services (hereinafter collectively referred to as the “Pawwer Online Platform” and/or the “Platform”), when using, ordering, corresponding, or otherwise interacting on the Pawwer Online Platform.

The Customer hereby acknowledges that acceptance of this Agreement shall be equivalent to signing and entering into the Agreement under the terms outlined herein.

PARTIES

Mr Serhii Oleksandrovych Losinskyi, being an Individual Entrepreneur (Sole Proprietor), registered at the address: Ukraine, 10005, Zhytomyr Region, Zhytomyr City, Chudnivska Street, bldg. 106, flat 46, acting based on and in accordance with the applicable legislation of Ukraine (hereinafter referred to as the “Contractor”), on the one hand, and

The Party(ies) joining and intending to receive goods and services from the Contractor – being persons, including but not limited to:

Natural persons and legal entities, or their duly authorised representatives, who purchase and/or order goods and/or services for themselves or for recipients of the order, as well as visitors of the Pawwer Online Platform (hereinafter referred to as the Customer), on the Pawwer Online Platform (hereinafter referred to as the Pawwer Online Platform and/or the Platform), which includes the Website: pawwer.com (hereinafter referred to as the Website) and/or the Pawwer Mobile Application (hereinafter referred to as the Mobile Application) and/or related services, hereby propose to conclude this Public Offer Agreement on the following terms.

2. Definitions

  • Agreement – means this document, which constitutes a public offer for the receipt of services and the purchase of goods presented on the Pawwer Online Platform, or purchased directly at the location of service provision, or ordered online by means of communication.
  • Acceptance means a unilateral act of the Customer, consisting of the confirmation of their consent to the terms and conditions of this public offer, expressed by placing an order on the Pawwer Online Platform and by making payment for the order. Acceptance of the Agreement signifies the Customer’s full and unconditional acceptance of all its terms and is equivalent to the conclusion of a contract between the Parties, granting the Customer the right to receive the order in accordance with the terms and conditions of this Agreement.
  • Contractor means Individual Entrepreneur (Sole Proprietor) Serhii Oleksandrovych Losinskyi, registered as residing at the address: Ukraine, 10005, Zhytomyr Region, Zhytomyr City, Chudnivska Street, bldg. 106, flat 46.
  • Customer means a person who enters into this Agreement with the Contractor.
  • Services means the exhaustive list of services, the conditions of their provision, description and price, offered by the Contractor for remuneration to the Customer, which are available for review on the Pawwer Online Platform. The services provided by the Contractor include, but are not limited to: (1) temporary use of the Contractor's Arena for dog training (open field, agility zone), aqua treadmill, swimming pool for dogs, equipment rental and training, etc.
  • Contractor’s Arena means a modern complex created for conducting dog training both indoors and outdoors, located at the address specified on the Pawwer Online Platform.
  • Use of the Arena means the Customer’s right, for a fee, to obtain short-term use from the Contractor of the right to train at the Arena under the terms and rules published on the Pawwer Online Platform.
  • Goods that are published on the Pawwer Online Platform and displayed on the shelves of the Pawwer shop and/or café, bearing a name, description and price.
  • Order means a completed and submitted application by the Customer for the purchase of goods or receipt of services provided by the Contractor to Customers, the detailed description, price and procedure for obtaining which are set out on the Pawwer Online Platform.
  • Access to the Pawwer Online Platform shall be provided via the Internet at the address: pawwer.com.
  • Customer’s Personal Account means a web page on the Pawwer Online Platform accessible to the Customer. The personal account displays the Customer’s personal information and the history of placed Orders.
  • User Agreement means a public agreement with a user who is a potential Customer, regulating the rules of visiting, using, ordering, corresponding, leaving feedback, etc., on the Pawwer Online Platform.
  • Contractor’s Partner means any legal or natural person who has entered into cooperation agreements with the Contractor in the sale of goods and services.

3. Subject Matter of the Agreement

  1. The Contractor undertakes to fulfil the Order placed by the Customer on the Pawwer Online Platform and/or placed by means provided by the Platform, including but not limited to: telephone communication, correspondence; and the Customer undertakes to purchase and pay for the Order under the terms specified in this Agreement. A detailed description of the services and goods is determined on the Pawwer Online Platform.
  2. The Contractor hereby confirms that he carries out business activities in accordance with the requirements of the applicable legislation of Ukraine and guarantees that the quality of the services provided corresponds to their description and price as specified on the Pawwer Online Platform or at the location of service provision, and that such quality forms an integral part of this Agreement.
  3. The Agreement is concluded exclusively in electronic form.

4. Rights and Obligations

  1. The Contractor hereby undertakes to provide accurate information regarding the goods and services published on the Pawwer Online Platform.
  2. The Contractor guarantees that, in the provision of services and the sale of goods, he complies with the requirements of the applicable legislation of Ukraine.
  3. The Contractor has the right to demand proper and genuine performance of the Customer’s obligations as defined in this Agreement and to refuse to provide services to the Customer in the event of a breach by the Customer of the obligations imposed on him under this Agreement and the terms of service provision published on the Pawwer Online Platform, which were ordered by the Customer.
  4. The Contractor shall have the right to engage third parties to perform his obligations under the Agreement.
  5. The Contractor shall have the right unilaterally to refuse to provide services and sell goods without refunding any amounts paid, and the Agreement shall be deemed terminated with such Customer, with the simultaneous requirement to vacate the Contractor's Arena, if the Customer engages in any of the following actions:
  6. Failure to comply with the “rules of attendance” published on the Pawwer Online Platform and the terms and conditions of this Agreement;
  7. Failure to comply with the conditions and rules of preparation for receiving services as specified in the service description on the Pawwer Online Platform;
  8. Presence of the Customer in a state of alcoholic and/or narcotic and/or toxic intoxication or under the influence of psychotropic substances.
  9. Smoking and/or consumption of alcoholic beverages on the territory of the Contractor’s Arena, as well as on the adjacent territory, except in specially designated areas;
  10. Without the consent of the reception and without the necessary authorising documents, storage or bringing of weapons, explosive and flammable, corrosive, poisonous, narcotic substances and other dangerous items and materials;
  11. Breach of public order rules;
  12. Systematic (two or more) complaints from other guests/Customers regarding violations of their rights and freedoms;
  13. Failure to compensate the Contractor for property damage in the event of damage and/or spoilage of property by the Customer;
  14. Cruel treatment of animals during, but not limited to, training sessions.
  15. The Contractor shall have the right to refuse to provide services to the Customer in the future if it is established that the Customer has failed to comply with and/or has committed the conditions/actions specified in clause 4.5. of this Agreement.
  16. The Contractor shall have the right to receive reimbursement for the value of the Contractor’s property damaged as a result of the Customer’s actions.
  17. The Customer hereby undertakes to provide the Contractor with truthful and accurate information about themselves.
  18. The Customer hereby undertakes to pay for the order at the stated price.
  19. The Customer hereby undertakes, when receiving services from the Contractor, to comply with the “rules of attendance” published on the Pawwer Online Platform and set out in this Agreement.
  20. The Customer shall have the right to amend the order before its payment.
  21. The Customer shall have the right to submit claims regarding the fulfilment by the Contractor of the order placed by the Customer in accordance with the Law of Ukraine “On Consumer Protection”.
  22. Each Party shall have the right to substitute the party performing the obligations under this Agreement.
  23. The Customer shall have the right to transfer its rights to a new party (or a new Customer), after which the new Party acquires all rights and obligations provided for in this Agreement and hereby undertakes to perform them in full. Such arrangements shall not be valid if the Contractor is not duly notified within a reasonable and sufficient time of the substitution of the Customer, with the provision of equivalent information about the new Customer. In such a case, the Contractor shall have the right to refuse to perform his obligations towards such new Customer, and any amounts paid shall not be refunded, while the service shall be deemed duly provided.

5. Price and Payment Terms

  1. The price of the order shall be determined by the Contractor and indicated on the Pawwer Online Platform. The total cost of the order is calculated by summing the prices of all goods and services included in the order, together with the cost of delivery and other applicable charges.
  2. The amount of the order may vary depending on the price, quantity and nomenclature.
  3. The Customer, at their discretion, selects a convenient method of payment for the order from those offered on the Pawwer Online Platform.
  4. Payment shall be made in Ukrainian hryvnia.
  5. An order is deemed paid from the moment funds are credited to the Contractor’s settlement account. The fact of payment of the order signifies the Customer’s agreement with the terms and conditions of this Agreement, as well as with the terms of the public user agreement published on the Pawwer Online Platform.
  6. Delivery of the order shall be carried out only after full payment of the order.
  7. The prices of goods and services indicated on the Pawwer Online Platform may be changed unilaterally by the Contractor before the Customer's confirmation of the order and/or before payment of the order.
  8. If it is not possible to provide a service, the Contractor has the unilateral right to cancel the order and notify the Customer of such cancellation. In such circumstances, the Contractor shall return the paid funds to the Customer’s balance, which may be used for a subsequent order. In the event of cancellation of the order or non-provision and non-use of the ordered services due to the Customer’s fault, the funds paid shall not be refunded, and the service shall be deemed duly provided.

6. Terms and Conditions of Service Provision

  1. Services are provided by the Contractor through the Customer placing an order for the purchase of goods and the receipt of other services offered by the Contractor, arising from the terms and conditions of this Agreement.
  2. The terms and conditions of service provision are described in detail on the Pawwer Online Platform. The Customer undertakes to familiarise themselves thoroughly with the rules of attendance published on the Platform, as well as with the procedure and conditions for the provision of the service selected by the Customer from the Contractor. The Contractor shall not be liable in the event of the Customer's failure to comply with the established rules and conditions of service provision, and has the right to refuse to provide such services to the Customer. In such circumstances, the funds paid shall not be refunded, and the service shall be deemed duly provided.

7. Liability of the Parties

  1. Neither Party shall be liable for failure to perform or improper performance of obligations under this Agreement if such failure or improper performance is caused by force majeure circumstances. The Party affected by force majeure circumstances shall be obliged to notify the other Party in writing no later than five (5) calendar days from the date of occurrence of such circumstances.
  2. The Contractor shall be released from liability for breach of his obligations under this Agreement in respect of the provision of services pursuant to the agreed order if, at the time of the Customer’s arrival, there is no confirmation of funds having been credited to the Contractor’s current account.
  3. The Contractor shall not be liable for any damage caused to the Customer or to the Customer’s dog if such damage arises as a result of the Customer’s fault and failure to comply with the “rules of attendance” published on the Pawwer Online Platform and the terms and conditions of this Agreement, as well as the conditions of provision of the service selected by the Customer, and other regulatory documents of Ukraine, including safety regulations, fire safety rules and other regulations in force at the time of service provision relating to accommodation, catering, health and similar establishments.
  4. The Parties have agreed that disputes concerning the recovery of debts for services provided by the Contractor shall be subject to the general limitation period of three (3) years.
  5. All claims shall be considered by the Contractor only if the Contractor has been informed in advance of a breach of the conditions of service provision, thereby enabling such breach to be remedied within the following twelve (12) hours. Claims and all necessary documents (receipts, invoices issued by the Contractor, documents confirming actual losses) must be submitted to the Contractor no later than three (3) calendar days from the date of completion of the service. Claims submitted in breach of the requirements of this Public Offer (Agreement) shall not be considered.
  6. All disputes arising in connection with this Agreement shall be resolved through negotiations between the Parties. If a dispute cannot be resolved through negotiations, it shall be settled in court in accordance with the jurisdiction and competence established by the applicable legislation of Ukraine.

8. Term of the Agreement and Other Provisions

  1. This Agreement is an adhesion contract within the meaning of Article 634 of the Civil Code of Ukraine and may be concluded only by the Customer’s accession to all its terms in full, in the manner defined by this Agreement. The Agreement enters into force from the moment the Contractor accepts the Customer’s order, and the Customer pays for the order and remains valid until the date of fulfilment of the Parties’ obligations or until the date of refusal and/or termination of the Agreement by the Contractor on the grounds provided herein.
  2. By acceding to the Agreement, the Customer confirms that they are familiar with and agree to the Terms in force at the time of conclusion of the Agreement and published on the official Platform website and undertakes to comply with them.
  3. The Contractor has the right to terminate the Agreement unilaterally by sending the Customer an electronic notice of termination of the Agreement or by notifying them through the means of communication provided by the Customer.
  4. Amendments to the Agreement shall take effect from the day following the date of publication by the Contractor of information regarding such amendments, or from the date specified in the published information as the effective date of the amendments.
  5. Any amendments to the Agreement, from the moment they take effect, shall apply to all persons who have acceded to the Agreement, including those who acceded before the effective date of the amendments.
  6. All legal relations arising from or connected with this Agreement, including those relating to its validity, conclusion, performance, amendment and termination, interpretation of its terms, determination of the consequences of invalidity or breach of the Agreement, shall be governed by this Agreement and the relevant provisions of the applicable legislation of Ukraine, as well as business customs applicable to such legal relations, based on the principles of good faith, reasonableness and fairness.
  7. The invalidity (or declaration of invalidity) of any provision (or condition) of this Agreement and/or its annexes shall not constitute grounds for invalidity (or declaration of invalidity) of other provisions (conditions) of this Agreement and/or the Agreement as a whole.
  8. The Contractor shall have the right to indicate the Customer’s corporate (trade) name and/or trademark among the list of clients using the Contractor’s services in its informational or promotional materials or during marketing campaigns.
  9. Any person authorised under the provisions of Part Two of Article 207 of the Civil Code of Ukraine to sign this Agreement and its annexes or supplementary agreements on behalf of any Party grants the Contractor indefinite consent as a data subject to the processing of their personal data for the purpose of performing this Agreement, as well as in cases provided for by the applicable legislation of Ukraine, in accordance with the provisions of the Law of Ukraine “On Personal Data Protection” dated 01 June 2010, No. 2297-VI and the confidentiality and personal data processing policy published on the Platform.
  10. The Parties agree that documents sent by electronic mail, which form an integral part of the Agreement, signed and sealed by the Parties, shall have full legal force until the exchange of originals (by registered mail with confirmation of receipt). Such documents establish rights and obligations for the Parties to the Agreement and may be submitted to judicial authorities as proper evidence. The provisions of this clause shall not apply to primary accounting documents, which may be provided electronically via the M.E.Doc service or another accounting service. The Parties acknowledge that an electronic document (generated, signed using a digital signature and transmitted via the service) is identical in content and requisites to a paper document, and each such document has equal legal force. At the Contractor's request, the Customer undertakes to send the original paper document to the Contractor's address within five (5) working days of receiving such a request.
  11. This Agreement is valid within the framework of the legislation of Ukraine.