Terms of service

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

This agreement is an official and public offer by the Seller to enter into a purchase and sale agreement for goods presented on the Astray website — https://ashtray.cc
. This agreement is public, meaning that, in accordance with Article 633 of the Civil Code of Ukraine, its terms are identical for all buyers regardless of their status (individual, legal entity, or sole proprietor) without giving preference to any particular buyer. By concluding this Agreement, the Buyer fully accepts the terms and procedure for placing orders, payment, delivery, return of goods, liability for unfair ordering, 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 order confirmation from the Seller electronically.

1. Definitions

1.1. Public Offer (hereinafter – “Offer”) – a public proposal by the Seller addressed to an indefinite circle of persons to conclude a remote purchase and sale agreement for goods (hereinafter – “Agreement”) under the terms contained in this Offer.

1.2. Goods or Services – the object of the parties’ agreement, selected by the Buyer on the Online Store website and added to the cart, or already purchased remotely from the Seller.

1.3. Online Store – the Seller’s website at https://ashtray.cc
, created for concluding retail and wholesale sales agreements based on the Buyer’s familiarization with the description of the Goods provided by the Seller via the Internet.

1.4. Buyer – a legally capable individual who has reached 18 years of age, receives information from the Seller, places an order for the purchase of goods presented on the Online Store website for purposes not related to business activities, or a legal entity or sole proprietor.

1.5. Seller – Sole Proprietor Onyshchenko Mykola Oleksandrovych (Tax ID 3724004275), an individual established and operating under the laws of Ukraine, located at: Odesa region, Izmail city, 5 Mykhailo Hrushevskyi St., apt. 8.

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 of the Agreement by the Buyer is considered the date the Buyer fills out the order form on the Online Store website, provided the Buyer receives electronic confirmation of the order from the Seller. If necessary, at the Buyer’s request, the Agreement may also be concluded in written form.

3. Order Placement

3.1. The Buyer places an order on the Online Store independently via the "Cart" form, by email, or by phone number listed in the store’s contact section.

3.2. The Seller has the right to refuse to fulfill an order if the information provided by the Buyer during order placement is incomplete or appears suspicious.

3.3. When placing an order, the Buyer must provide the following mandatory information required by the Seller to fulfill the order:

Full name;

Delivery address (if shipping to Buyer’s address);

Contact phone number;

Tax identification number for legal entities or sole proprietors.

3.4. The name, quantity, SKU, and price of the selected Goods are indicated in the Buyer’s cart on the Online Store website.

3.5. If either Party requires additional information, they have the right to request it from the other Party. The Seller is not responsible for the quality of service if the Buyer fails to provide such information.

3.6. When ordering through the Seller’s operator, the Buyer must provide the information specified in clauses 3.3–3.4.

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

3.8. By placing an order and accepting this Offer, the Buyer confirms that:
a) they have fully read and agree to the terms of this Offer;
b) they consent to the collection, processing, and transfer of personal data by the Seller for the duration of the Agreement and indefinitely after its termination. The Buyer is informed of their rights under the Law of Ukraine "On Personal Data Protection" and agrees that the Seller may provide access to and transfer their personal data to third parties to fulfill the order.

4. Price and Delivery of Goods

4.1. Prices of goods and services are determined by the Seller and indicated on the Online Store website in UAH, including VAT.

4.2. Prices may change unilaterally depending on market conditions; however, the price of goods already fully paid by the Buyer cannot be changed.

4.3. Delivery cost is not included in the product price and is paid by the Buyer directly to the selected delivery service.

4.4.–4.5. The Seller may provide an estimated delivery cost upon request.

4.6. Payment is considered fulfilled once funds are received by the Seller.

4.7. Payments are made according to methods specified in the "Payment and Delivery" section.

4.8.–4.10. The Buyer must check the quantity and quality of goods upon receipt. Ownership and risk pass to the Buyer or their representative upon receipt.

5. Rights and Obligations of the Parties

5.1. Seller Obligations:

Deliver goods per the order;

Not disclose private Buyer information except as required by law or for order fulfillment.

5.2. Seller Rights:

Unilaterally amend this Agreement and product prices on the website.

5.3. Buyer Obligations:

Familiarize themselves with the Agreement, terms, and prices;

Provide accurate identification and delivery information.

6. Returns

6.1.–6.8. Buyers have the right to return non-food goods of proper quality within 14 days if the goods do not fit or cannot be used as intended. Returns must maintain packaging and original condition. Costs of return shipment are borne by the Buyer. Defective goods are subject to claims per Ukrainian consumer protection law. Goods with individually defined properties cannot be returned.

7. Liability

7.1.–7.4. The Seller is not liable for damages caused by improper use or inaccurate information provided by the Buyer. Parties are relieved of liability in case of force majeure (war, natural disasters, etc.).

8. Confidentiality and Personal Data Protection

8.1.–8.3. By providing personal data, the Buyer consents to processing and transfer in accordance with Ukrainian law. The Seller undertakes to protect this information but may disclose it for order fulfillment or as required by law.

9. Other Conditions

9.1. The Agreement is governed by Ukrainian law.
9.2. Disputes are resolved by negotiation, or if unresolved, through Ukrainian courts.
9.3. The Seller may amend the Agreement unilaterally or by mutual agreement per Ukrainian law.

SELLER’S CONTACT DETAILS:
Sole Proprietor Onyshchenko Mykola Oleksandrovych
Ukraine, Odesa region, Izmail city, 5 Mykhailo Hrushevskyi St., apt. 8
IBAN: UA643220010000026003370025320
Bank: JSC “UNIVERSAL BANK”
Bank MFO: 322001
Bank EDRPOU: 21133352
Tax ID (RНОКПП): 3724004275
VAT: Non-payer
Phone: +380 0964494647