PUBLIC OFFER AGREEMENT
PUBLIC CONTRACT (TEND)
to order, purchase, sale and delivery of goods
This Agreement is an official and public offer of the Seller to conclude a contract of sale of the Goods presented on the website https://stitched-by-heart.myshopify.com/ . This Agreement is public, that is, 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, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for an unscrupulous order and all other terms of the Agreement. The Agreement is considered concluded from the moment of clicking the "Confirm Order" button on the order page in the "Cart" Section and the Buyer receives an order confirmation from the Seller in electronic form.
1. Definition of terms
1.1. Public offer (hereinafter referred to as the "Offer") - a public offer of the Seller, addressed to an unspecified circle of persons, to conclude a contract of purchase and sale of goods with the Seller remotely (hereinafter referred to as the "Agreement") on the terms contained in this Offer.
1.2. Goods – the object of the agreement between the parties, which was selected by the Buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.2. Online store – the Seller’s website at the address https://stitched-by-heart.myshopify.com/ was created for concluding retail and wholesale purchase and sale agreements based on the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
1.3. Buyer – a legally capable individual who has reached the age of 18, receives information from the Seller, places an order to purchase goods presented on the website of the Online Store, or a legal entity or individual entrepreneur.
1.4. Seller – INDIVIDUAL PERSON - ENTREPRENEURS SERHIY VOLODYMYROVYCH YAKOVENKO (RNOKPP 3607506410), who operates on the basis of state registration.
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 terms of the Agreement is the date of filling out the order form by the Buyer located on the website of the Online Store, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the Buyer's request, the Agreement may be drawn up in writing.
3. Placing an Order
3.1. The Agreement is considered concluded without its subsequent signing of authorization on the Site or placing an Order for any Product that is available for order in the Online Store, which indicates the Buyer's consent to comply with the terms of the Agreement, without signing a written copy by the Parties.
3.2. Placing an Order is possible by filling in the necessary information by the Buyer in the appropriate section and field for ordering Goods.
3.3. In the event of the unavailability of the ordered Goods, the Seller is obliged to inform the Buyer of such information using the means of communication left by the Buyer when placing the Order.
3.4. In the event of the unavailability of the ordered Product, the Buyer has the right to replace it with a Product of a similar model or cancel the Order by sending the Seller a corresponding request via available means of communication.
3.5. The Buyer has the right to cancel the order by sending a corresponding request to the Seller via available means of communication.
3.6. The actions specified in clause 3.1 of the Agreement and performed by the Buyer are confirmation of the latter's full and unconditional acceptance of the public offer.
3.7. The contract concluded by the Buyer by means of acceptance of a public offer has legal force in accordance with Article 642 of the Civil Code of Ukraine and is equivalent to a written contract.
4. Price and Delivery of the Goods
4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the website of the Online Store. All prices for Goods and services are indicated on the website in hryvnias.
4.2 Prices for Goods and services may be changed unilaterally by the Seller depending on market conditions. However, the price of a single unit of Goods, the cost of which has been paid in full by the Buyer, may not be changed unilaterally by the Seller.
4.3. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivering the Goods to the Buyer. The Buyer pays the cost of delivering the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.4. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivering the Goods to the Buyer's address.
4.5. The Seller may indicate the approximate cost of delivering the Goods to the Buyer's address when the Buyer makes a request to the Seller by sending an email or when placing an order through the online store operator.
4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds into his account.
4.7. Payments between the Seller and the Buyer for the 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), check the conformity of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).
4.9. The Buyer or his representative, upon acceptance of the Goods, confirms that he has no complaints about the quantity, appearance and completeness of the Goods.
4.10. Ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative from the moment the Buyer receives the Goods at the place of delivery of the Goods upon independent delivery of the Goods by the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier) selected by the Buyer.
4.11. Failure by the Buyer to fulfill his obligations to pay for the Goods ordered by him shall be considered a unilateral refusal by the Buyer from this Agreement in full, which accordingly results in the termination of all obligations of the Seller arising from the Buyer's acceptance of the Seller's offer to conclude this Agreement.
5. Rights and obligations of the Parties
5.1. The Seller is obliged to:
5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as provided by law and during the execution of the Buyer's Order.
5.2. The Seller has the right:
5.2.1 Change the terms of this Agreement, as well as the prices for Goods and Services, unilaterally by posting them on the Online Store website. All changes shall come into force from the moment of their publication.
5.3 The Buyer undertakes:
5.3.1 Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.
5.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return to the Seller non-food goods of proper quality, if the goods did not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of proper quality is carried out if it was not used and if its presentation, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment for the Goods are preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The Buyer shall be refunded the cost of goods of proper quality within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, provided that the requirements stipulated in clause 6.1 of the Agreement and the current legislation of Ukraine are met.
6.3. The cost of the goods is subject to refund by bank transfer to the Buyer's account.
6.4. The return of the Goods of proper quality to the Seller's address is carried out at the expense of the Buyer and the Seller does not reimburse the Buyer.
6.5. In the event of defects in the Goods being discovered during the established warranty period, the Buyer personally, in accordance with the procedure and within the terms established by the legislation of Ukraine, has the right to present to the Seller the requirements stipulated by the Law of Ukraine "On Protection of Consumer Rights". When presenting requirements for free elimination of defects, the period for their elimination is counted from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.
6.6. Consideration of the requirements stipulated by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller, provided that the Buyer provides documents stipulated by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after its transfer to the Buyer as a result of the Buyer's violation of the rules for using or storing the Goods, actions of third parties or force majeure.
6.7. The Buyer does not have the right to refuse goods of proper quality that have individually defined properties, if the specified goods can be used exclusively by the Buyer who purchased them ( including non-standard dimensions, characteristics, appearance, equipment, etc. at the Buyer's request ) . Confirmation that the product has individually defined properties is the difference in the product's dimensions and other characteristics indicated in the online store.
6.8. Goods that were used in photo and/or video shooting are considered to have been in use and are not subject to exchange or return, including while maintaining their commodity appearance.
6.9. Exchange and/or return of Goods sent (delivered) to other countries is not possible.
7. Responsibility
7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer are exempt from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Seller and/or the Buyer after the conclusion of this agreement. A Party that is unable to fulfill its obligations shall immediately notify the other Party thereof.
8. Confidentiality and protection of personal data.
8.1. By providing their personal data on the website of the Online Store during registration or placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as to perform other actions provided for by the Law of Ukraine "On Personal Data Protection", without limiting the validity period of such consent.
8.2. The Seller undertakes not to disclose information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of an agreement with the Seller, including to fulfill obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping his/her personal data up to date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the outdated or inaccurate information about the Buyer.
9. Force majeure circumstances
9.1. The Parties are exempt from liability for full or partial non-fulfillment or improper fulfillment of obligations specified in this Agreement, if such non-fulfillment or improper fulfillment occurred as a result of force majeure circumstances.
9.2. Force majeure circumstances (force majeure circumstances) should be understood as those that arose beyond the will or contrary to the will or desire of the Parties and which cannot be predicted or avoided, including: epidemics, pandemics, blockades, fires, earthquakes, other natural phenomena, natural disasters, failures in power supply and communications used to provide services, adoption of acts of state bodies and other circumstances beyond the control of the Parties that make it impossible for the Party to timely, fully and properly fulfill its obligations under this Agreement.
9.3. The occurrence of force majeure circumstances must be confirmed by a document from a competent authority - the relevant Chamber of Commerce and Industry or other authorized, competent authority, entity.
9.4. The Parties confirm that they understand and agree with the existence of force majeure circumstances (force majeure circumstances), namely, the military aggression of the Russian Federation against Ukraine, which became the basis for the introduction of martial law from 05:30 on February 24, 2022, as confirmed by the Letter of the Chamber of Commerce and Industry of Ukraine No. 024/02.0-7.1 dated February 28, 2022.
9.5. The Parties also understand that the circumstances specified in this clause from February "24" 2022 until their official end are extraordinary, unavoidable and objective circumstances for the Parties under this Agreement. In this regard, in the event of active hostilities in the territory of the Seller's location and/or place of business activity by the latter, the Seller shall not be liable for violations of the terms of this Agreement that may or will be caused by the occurrence of circumstances provided for in this clause, and the Seller shall have the right to unilaterally postpone the terms of shipment and/or delivery of the Goods under this Agreement, without applying any penalties, complaints or claims to the Seller.
9.6. In the event of force majeure circumstances, the Party affected by it shall notify the other Party thereof within 5 (five) days from the moment of such circumstance occurrence or from the moment of such Party's opportunity to notify the other Party of the occurrence of such circumstance. After the force majeure circumstances cease to apply, the Party affected by them shall notify the other Party of such cessation within 5 (five) days from the moment of the force majeure circumstances cease to apply, or from the moment of such Party's opportunity to notify the other Party of the cessation of such circumstance.
9.7. If force majeure circumstances last more than 3 (three) consecutive months, each Party has the right to refuse further performance of obligations under this Agreement and, in such case, neither Party shall have the right to compensation from the other Party for possible losses.
10. Other conditions
10.1. This agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
10.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In the event of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply to the courts for resolution of the dispute in accordance with the current legislation of Ukraine.
10.3. The Seller has the right to make amendments to this Agreement unilaterally, as provided for in clause 5.2.1. of the Agreement. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
SELLER DETAILS:
Sole Proprietor Serhii Volodymyrovych Yakovenko
Taxpayer ID: 3607506410
IBAN: UA123052990000026009015036234 (UAH)
Bank: JSC CB “PRIVATBANK”
Email: serhiiyakovenko998@gmail.com
Tel.: +38 (099) 385-78-90
Single tax payer, Group 3, non-VAT payer.