Public offer agreement
The following text constitutes a Public Offer Agreement (within the meaning of Articles 633 and 641 of the Civil Code of Ukraine) between the online store shevstudios (hereinafter referred to as the Seller) and an individual (hereinafter referred to as the Buyer), which includes all essential terms of organizing the purchase and sale of goods remotely (i.e., through the online store). Hereinafter, the Buyer and the Seller are collectively referred to as the Parties, and individually as a Party.
1. General provisions.
1.1. The terms of this Agreement define the relationship between the Seller and the Buyer regarding the purchase of Goods through the online store website and are the same for all Buyers.
1.2. The legal relations under this Agreement are governed exclusively by the legislation of Ukraine, in particular the Law of Ukraine "On Consumer Protection" No. 1023-XII dated May 12, 1991, the Civil Code of Ukraine No. 435-IV dated January 16, 2003, and the Law of Ukraine "On Electronic Commerce" No. 675-VIII dated September 3, 2015.
2. Terms and definitions.
2.1. "Online store" - a means for presenting or selling the Goods by concluding an electronic transaction, namely the website owned by the Seller and located at https://shevstudios.com/ (hereinafter referred to as the Website), created for concluding purchase and sale agreements on the basis of the Buyer's familiarization with the Goods offered by the Seller in the photographs contained on the Website, as well as its characteristics, using the Internet, which excludes the possibility
2.2. "Goods" - items offered by the Seller for purchase in the Online Store, or already purchased by the Buyer from the Seller remotely.
2.3. "Seller" - online store shevstudios.
2.4. "Buyer" - an individual who has full civil capacity - a user of the Site who intends to purchase the Goods and accepts the terms of this Agreement, i.e. the public offer of the Online Store, or who has already purchased the Goods;
2.5. "Order" - the result of reaching an agreement between the Buyer and the Seller regarding the type of Goods, its model, color, quantity, total cost payable under the Agreement, the method of payment for the Goods by the Buyer, the method of delivery of the Goods and the term of performance of the Agreement.
2.6. "Application" - a written (electronic) expression of the Buyer's intention to purchase the Goods. It can be issued by:
2.6.1. use of the special "Cart" menu on the Site;
2.6.2. selecting the “Place an order” and “Order confirmation” functions on the Site.
3. Subject of the Agreement.
3.1. 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. The text of the public offer agreement (hereinafter referred to as the Agreement) is posted on the Site.
3.2. The fact of placing an Order confirms that the Buyer accepts and agrees with all the terms and conditions of this Agreement.
3.3. The date of conclusion of the Agreement is the date of payment by the Buyer for the Goods on the Site or by bank transfer (by bank card number). The date of payment for the Goods is the date of crediting the funds to the Seller's bank account via the plata by mono payment service.
4. Order processing procedure.
4.1. The Buyer independently places an Order in the Online Store on the Site, choosing the method available on the Site, namely:
4.1.1. by using the special “Shopping Cart” menu on the Site, adding the selected Product there;
4.1.2. by selecting the "Place an order" and "Order confirmation" functions on the Site.
4.2. The amount payable for the Order is displayed in the "Shopping Cart" menu on the Site.
4.3. When placing an Order, the Seller invites the Buyer to pay for the cost of the Goods on the Site using the plata by mono payment service.
4.4. The Seller has the right to receive any clarifications regarding the Order by calling the telephone number specified by the Buyer when placing the Order.
5. Order payment procedure.
5.1. When placing an Order, the Buyer pays the full cost of the Goods to the Seller.
5.2. The Buyer pays for the Order with a Visa or MasterCard card of any bank using the plata by mono payment service.
6. Term, cost and conditions of delivery of the Goods.
6.1. Delivery of the Goods is carried out throughout the territory of Ukraine, with the exception of the Autonomous Republic of Crimea and the territories of military operations, every day without days off by the carrier company Nova Poshta.
6.2. When placing an Order, the Buyer has the opportunity to independently choose one of the proposed delivery methods.
6.3. The delivery time of the Goods depends on the location of the Buyer.
6.4. All necessary information regarding the delivery of the Goods is indicated by the Buyer when placing the Order on the Site, or when clarifying the Order by the manager by phone.
6.5. The Seller makes every effort to comply with the delivery terms specified on the websites of the Companies that directly deliver the goods, however, delivery delays are possible due to unforeseen circumstances beyond the Seller's control (force majeure circumstances).
6.6. The cost of delivery of the Goods depends on its weight and the current tariffs of the transport company and is paid by the Buyer separately. The Buyer can clarify the weight of the Goods with the Seller (Site manager) when placing an Order.
7. Seller's Responsibilities.
7.1. To comply with the terms of this Agreement.
7.2. Fulfill the Buyer's Order upon acceptance of such Order and receipt of payment from the Buyer in accordance with the procedure specified in this Agreement.
7.3. Transfer the Goods to the Buyer in accordance with the Order, provided that the Buyer fulfills the terms of this Agreement.
7.4. Check the qualitative and quantitative characteristics of the Goods during their packaging.
7.5. In the event that the Buyer receives a poor-quality, defective Product due to the Seller's fault, replace such Product with a similar one.
8. Buyer's Obligations.
8.1. Before placing an Order, the Buyer undertakes to:
8.1.1. Read the information about the Product posted on the Site;
8.1.2. To review and accept the terms of this Agreement or to refuse to place an Order if the terms of the Agreement are unacceptable to him/her;
8.2. After placing the Order, the Buyer undertakes to:
8.2.1. Pay the cost of the Goods in the amount of 100% (one hundred percent) of the amount of the Goods.
8.2.2. Upon receipt of the Goods, immediately inspect them, make sure they are complete and comply with the Order. In the event of defects or damage to the Goods (hereinafter referred to as defects), the Seller must be notified of them within 14 (fourteen) calendar days from the date of receipt of such Goods.
9. Procedure for receiving and returning the Goods.
9.1. Upon receipt of the Goods, the Buyer must ensure their integrity and completeness by inspecting the contents of the packaging in which the Goods are located.
9.2. In case of detection of defects in the Goods, the Buyer shall notify the Seller's representative (the manager responsible for placing the Order for the Goods) within 14 (fourteen) calendar days from the date of receipt of such Goods and agree on the replacement of the Goods. The detected defects in the Goods must be recorded by means of photography or video recording.
9.3. The Parties agreed that in case of failure to comply with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in good condition - without any damage or defects.
9.4. If defects are discovered, the Buyer may request the Seller to refund the money paid by him for the Goods or replace the Goods with a similar one of proper quality.
9.5. In the event that due to identified defects in the Goods, the Buyer wishes to return the money paid for it, the Seller is obliged to return such money within 30 (thirty) calendar days from the moment the Buyer expresses such a desire.
9.6 After the Seller returns the funds for the Goods, the Buyer is obliged to send such Goods back to the Seller within 30 (thirty) calendar days from the date of the return of the funds to him.
10. Responsibility of the Parties.
10.1. The Parties are liable for failure to fulfill or improper fulfillment of the terms of this Agreement in the manner provided for by this Agreement and the current legislation of Ukraine.
10.2. If failure to fulfill or improper fulfillment of the terms of this Agreement by one of the Parties causes losses to the other Party, the guilty Party shall compensate the other Party for the documented losses in full.
10.3. Payment of a fine or penalty does not exempt the guilty Party from fulfilling its contractual obligations.
10.4. In the event of force majeure, the Parties are exempt from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances mean events of an extraordinary, unavoidable, unforeseeable nature that preclude or objectively impede the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
10.5. The Party invoking force majeure circumstances must notify the other Party of the occurrence of such circumstances within 10 (ten) calendar days.
10.6. The party invoking force majeure must provide appropriate confirmation (a certificate issued by the Chamber of Commerce and Industry is sufficient confirmation of the existence and duration of force majeure).
11. Other conditions.
11.1. The online store reserves the right to unilaterally make changes to this Agreement with its prior publication on the website https://shevstudios.com/
11.2. The online store is created to organize a remote method of selling Goods via the Internet.
11.3. The online store is not responsible for the content and veracity of the information provided by the Buyer when placing an Order.
11.4. The Buyer is personally responsible for the accuracy of the information specified when placing the Order.
11.5. Full and unconditional acceptance of a valid public offer in accordance with Article 642 of the Civil Code of Ukraine is the fact of payment of the amount of money by the Buyer for the Order placed in the Online Store.
11.6. The contract concluded by the Buyer by accepting this public offer has legal force in accordance with Article 642 of the Civil Code of Ukraine and is equivalent to a contract signed by the Parties.
Acceptance of a valid public offer means the Buyer's full agreement with the terms of this Agreement for the purchase and sale of Goods (public offer of the Online Store).
11.7. The Agreement is concluded using information and telecommunication systems and is considered concluded in writing.
11.8. Using the Online Store resource to view the Goods, as well as to place an Order, is free of charge for the Buyer.
11.9. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for the purposes of operating the Online Store.
11.10. By accepting the Agreement or completing the Application, the Buyer voluntarily consents to the collection and processing of his/her personal data for the following purpose: the data that becomes known to the Seller will be used for commercial purposes, including for processing Orders for the purchase of Goods, receiving information about Orders, sending advertising and special offers by telecommunication means (e-mail, mobile communication), information about promotions or any other information about the activities of the Online Store. For the purposes provided for in this clause, the Seller has the right to send letters, messages and materials to the Buyer's postal address, email address.
11.11. The Buyer grants the Seller the right to process his personal data, including: to use personal data from the Buyer's database (without additional notification of the Buyer about this), to carry out lifelong storage of data, their accumulation, updating, modification (as necessary). The Buyer undertakes to ensure data protection 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 directly process data for the specified purposes, as well as upon mandatory request of a competent state authority).
11.12. 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, sending it to the postal or e-mail address.
11.13. The Buyer confirms that he has been informed of the procedure and conditions for processing his personal data.
11.14. The Seller warns that the Goods may differ slightly from their images in the Online Store.
11.15. This Agreement is an accession agreement in accordance with Article 634 of the Civil Code of Ukraine.
11.16. Any claims may be sent to the Seller's address.
12. Term of the Agreement and procedure for its termination.
12.1. This Agreement shall enter into force from the moment of acceptance by the Buyer (receipt of payment for the Goods from the Buyer to the Seller's account) and shall remain in effect until the Parties have fully fulfilled their obligations, except in cases of early termination.
12.2. Before the expiration of the term, this Agreement may be terminated by mutual consent of the Parties, executed in writing, except as otherwise provided for in this Agreement.
13. Dispute Resolution.
13.1. Any disputes arising under or in connection with this Agreement shall be resolved by the Parties through negotiations.
13.2. If the Parties cannot reach an agreement on a disputed issue, such dispute shall be resolved in court in accordance with the current legislation of Ukraine.