PUBLIC AGREEMENT (OFFER)
for ordering, purchase, sale, and delivery of goods

This agreement is the official and public offer of the Seller to enter into a contract for the sale of Goods presented on the website https://dfcgames.com/. This agreement is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, or sole proprietor), without preference given to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and procedures for placing an order, paying for goods, delivery, returns, liability for bad-faith orders, and all other terms of the agreement. The Agreement is considered concluded from the moment the Buyer clicks the “Confirm Order” button on the checkout page in the “Cart” section and receives electronic order confirmation from the Seller.

1. Definitions

1.1. Public Offer (hereinafter — “Offer”) — a public proposal by the Seller, addressed to an indefinite range of persons, to enter into a remote sales contract with the Seller (hereinafter — “Agreement”) under the terms contained in this Offer.

1.2. Goods or Service — the subject of the parties’ agreement, selected by the Buyer on the online store website and added to the cart, or already purchased by the Buyer from the Seller remotely.

1.3. Online Store — the Seller’s website at https://dfcgames.com/, created for concluding retail sales contracts based on the Buyer’s familiarization with the Seller’s product descriptions via the internet.

1.4. Buyer — an individual who receives information from the Seller and purchases goods presented on the online store website for purposes unrelated to business activity, or a legal entity or sole proprietor.

2. 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 under the terms of this Agreement.

2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the Agreement’s terms is considered to be the date on which the Buyer completes the order form on the online store website, provided the Buyer receives electronic order confirmation from the Seller.

3. Placing an Order

3.1. The Buyer independently places an order in the online store through the “Cart” form.

3.2. The Seller has the right to refuse to transfer an order to the Buyer if the information provided by the Buyer during checkout is incomplete or raises doubts as to its authenticity.

3.3. When placing an order on the online store website, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:

3.3.1. The Buyer’s last name and first name;
3.3.2. The address to which the Goods should be delivered (if delivery to the Buyer’s address);
3.3.3. A contact phone number.

3.4. The name, quantity, item number, and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the online store website.

3.5. If either party to the agreement requires additional information, they have the right to request it from the other party using the provided contact details. If the Buyer fails to provide the required information, the Seller bears no responsibility for the quality of the service provided to the Buyer when purchasing goods from the online store.

3.6. The Buyer’s acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data into the registration form on the online store website.

3.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.

3.8. By entering into the Agreement — i.e., by accepting the terms of this offer (the proposed terms of purchase) through placing an Order — the Buyer confirms the following:

a) The Buyer has fully and completely read and agrees to the terms of this offer;

b) The Buyer grants permission for the collection, processing, and transfer of personal data. This permission remains in effect for the entire duration of the Agreement and for an unlimited period after its termination. Furthermore, by concluding the agreement, the Buyer confirms that they have been informed (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection,” the purposes of data collection, and that their personal data is being transferred to the Seller in order to fulfill the terms of this Agreement, to conduct mutual settlements, and to issue invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to grant access to and transfer their personal data to third parties without any additional notice to the Buyer, for the purpose of fulfilling the Buyer’s order. The Buyer is aware of and understands the scope of their rights as a personal data subject under the Law of Ukraine “On Personal Data Protection.”

4. Price and Delivery of Goods

4.1. Prices for Goods and services are set independently by the Seller and are listed on the online store website, except as provided in clause 4.1.1. All prices for Goods and services on the website are stated in Ukrainian hryvnias inclusive of VAT.

4.1.1. A special form of pricing is “name your price.” The Seller grants the Buyer the right to set the price for Goods or Services sold under this form. The Buyer may specify any price in accordance with clause 4.1. If the Buyer specifies a price of UAH 0.00, the receipt of digital or physical materials by the Buyer from the Seller shall not be considered a purchase of Goods or Services under this Agreement.

4.2. Prices for Goods and Services may be changed by the Seller unilaterally depending on market conditions. However, the price of an individual unit of Goods whose cost has been paid in full by the Buyer cannot be changed unilaterally by the Seller.

4.3. The price of Goods listed on the online store website does not include the cost of delivery to the Buyer. The Buyer pays for delivery in accordance with the current rates of the chosen delivery service (carrier) directly to that service.

4.4. The price of Goods listed on the online store website does not include the cost of delivery to the Buyer’s address.

4.5. The Seller may provide an estimated delivery cost to the Buyer’s address upon the Buyer’s request, submitted via email or when placing an order through the online store operator.

4.6. The Buyer’s obligation to pay for the goods is considered fulfilled from the moment the funds are received in the Seller’s account. The Buyer may be notified of receipt of funds through the indicated communication method.

4.7. Payments between the Seller and the Buyer for Goods are made by the methods specified on the online store website in the “Payment and Delivery” section.

4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), verify that the Goods conform to the quality and quantity specifications (product name, quantity, completeness, expiry date).

4.9. The Buyer or their representative, upon acceptance of the Goods, confirms by their signature on the sales receipt, order, or delivery waybill that they have no complaints regarding the quantity, appearance, or completeness of the goods.

4.10. Ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or their representative from the moment the Buyer receives the Goods at the delivery destination — either directly from the Seller, or at the point when the Seller hands the goods over to the delivery service (carrier) chosen by the Buyer.

5. Rights and Obligations of the Parties

5.1. The Seller is obligated to:

5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.

5.2. The Seller has the right to:

5.2.1. Modify the terms of this Agreement, as well as prices for Goods and services, unilaterally by posting changes on the online store website. All changes take effect from the moment of their publication.

5.3. The Buyer undertakes to:

5.3.1. Prior to concluding the Agreement, familiarize themselves with the content of the Agreement, its terms, and the prices offered by the Seller on the online store website.

5.3.2. In order for the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary information that unambiguously identifies them as the Buyer and is sufficient for delivery of the ordered Goods.

6. Returns

6.1. The Buyer has the right to return a non-food item of adequate quality to the Seller if the item did not suit them in terms of shape, dimensions, style, color, size, or for other reasons that prevent it from being used for its intended purpose. The Buyer has the right to return goods of adequate quality within 14 (fourteen) days of receiving them from the postal service. A return of goods of adequate quality is accepted provided the goods have not been used, and their marketable condition, consumer properties, packaging, seals, labels, and the payment receipt issued to the Buyer are preserved. The list of goods not subject to return on the grounds provided in this clause is approved by the Cabinet of Ministers of Ukraine.

6.2. Refund of the value of goods of adequate quality shall be made within 30 (thirty) calendar days from the moment the Seller receives such Goods, provided the requirements of clause 6.1 of the Agreement and applicable Ukrainian law are met.

6.3. The value of the goods is refunded by bank transfer to the Buyer’s account.

6.4. The cost of returning goods of adequate quality to the Seller’s address is borne by the Buyer and is not reimbursed by the Seller.

6.5. If defects are found in the Goods within the established warranty period, the Buyer has the right to personally present to the Seller the claims provided for by the Law of Ukraine “On Consumer Protection,” in the manner and within the timeframes established by Ukrainian law. When claims are made for free rectification of defects, the period for their rectification begins from the date the Seller receives the Goods and has physical access to them.

6.6. Claims under the Law of Ukraine “On Consumer Protection” are handled by the Seller provided the Buyer submits the documents required by applicable Ukrainian law. The Seller is not responsible for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer’s violation of the rules for use or storage of the Goods, the actions of third parties, or force majeure.

6.7. The Buyer does not have the right to return goods of adequate quality that have individually defined characteristics, if such goods can only be used by the Buyer who purchased them (including non-standard sizes, specifications, appearance, configuration, etc. requested by the Buyer). Confirmation that goods have individually defined characteristics is the fact that the item’s dimensions and other specifications differ from those listed in the online store.

6.8. Returns of goods, in cases provided for by law and this Agreement, are made to the address indicated on the website in the “Contacts” section.

7. Liability

7.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of Goods purchased from the Seller.

7.2. The Seller is not liable for improper or delayed fulfillment of Orders and its obligations in the event that the Buyer has provided inaccurate, incomplete, or erroneous information.

7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with applicable Ukrainian law and the provisions of this Agreement.

7.4. The Seller or the Buyer is released from liability for full or partial non-fulfillment of their obligations if such non-fulfillment is the result of force majeure circumstances, including: war or military action, earthquake, flood, fire, and other natural disasters arising independently of the will of the Seller and/or Buyer after the conclusion of this agreement. The party unable to fulfill its obligations shall immediately notify the other party. Both parties must acknowledge that such circumstances constitute force majeure. In the event that the Seller is unable to fulfill its obligations due to force majeure, the matter of a refund under clause 6.3 may be raised on an individual basis.

8. Confidentiality and Personal Data Protection

8.1. By providing their personal data on the online store website during registration or when placing an Order, the Buyer grants the Seller their voluntary consent to the processing, use (including transfer) of their personal data, and to other actions provided for by the Law of Ukraine “On Personal Data Protection,” without limitation on the duration of such consent.

8.2. The Seller undertakes not to disclose information received from the Buyer. It is not considered a breach for the Seller to provide information to contractors and third parties acting under an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where disclosure of such information is required by applicable Ukrainian law.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor-quality or non-fulfillment of its obligations due to outdated or inaccurate Buyer information.

9. Other Terms

9.1. This agreement is concluded in Ukraine and operates in accordance with applicable Ukrainian law.

9.2. The Seller has the right to amend this Agreement unilaterally, as provided in clause 5.2.1. Additionally, amendments to the Agreement may also be made by mutual consent of the Parties in the manner provided by applicable Ukrainian law.