PUBLIC CONTRACT (OFFER) for ordering, buying and delivering goods
This contract is an official and public offer of the Seller to conclude a contract of sale of Goods presented on the website www.knitdesign.studio. This contract is public, that is, according to 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 entering into this Agreement, the buyer fully accepts the terms and conditions of ordering, payment for the goods, delivery of the goods, return of the goods, responsibility for unfair ordering, and all other conditions of the contract. The contract is considered concluded from the moment of pressing the "Confirm Order" button on the order confirmation page in the "Cart" section and receiving confirmation of the order from the Seller in electronic form by the Buyer.
1. Definitions
1.1. Public offer (hereinafter referred to as the "Offer") - a public offer of the Seller addressed to an indefinite number of persons to conclude a contract of sale of goods remotely (hereinafter referred to as the "Contract") on the conditions contained in this Offer.
1.2. Goods or Service - the subject matter of the agreement between the parties, which was selected by the buyer on the website of the Internet store and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.2. Internet store - the Seller's website at www.knitdesign.studio created for the conclusion of retail and wholesale purchase and sale contracts based on the Buyer's acquaintance with the Seller's proposed description of the Goods using the Internet.
1.3. Buyer - a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the Internet store for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.
1.4. Seller - Individual Entrepreneur Maryna Hryhorivna Skrypnychenko (identification code 3032412223), a legal entity established and operating in accordance with the current legislation of Ukraine, with its registered office at: 02130, Kyiv, Voskresenska Street, building 14B.
2. Subject of the Contract
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 on the terms of this Contract. 2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of the Buyer's full and unequivocal acceptance of the terms of the Contract is considered to be the date of filling out the order form by the Buyer, located on the website of the Internet store, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the request of the Buyer, the Contract may be executed in writing.
3. Order Processing
3.1. The Buyer independently places an order in the Internet store through the "Cart" form, or by making an order via email or phone number provided in the contacts section of the Internet store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer during the order placement is incomplete or raises suspicion regarding its accuracy.
3.3. When placing an order on the website of the Internet store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Buyer's last name, first name;
3.3.2. The address to which the Goods should be delivered (if delivery to the Buyer's address);
3.3.3. Contact phone number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article number, and price of the selected Goods by the Buyer are indicated in the Buyer's cart on the website of the Internet store.
3.5. If any Party to the contract requires additional information, it has the right to request it from the other Party. In case the necessary information is not provided by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller's operator (clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 - 3.4. of this Offer.
3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.8. By entering into the Agreement, i.e., by accepting the terms of this offer (the proposed conditions for purchasing the Goods), by placing the Order, the Buyer confirms the following:
a) The Buyer is fully acquainted with and agrees to the terms of this offer;
b) He gives permission for the collection, processing, and transfer of personal data, the permission for the processing of personal data is valid for the entire term of the Agreement, as well as indefinitely after its expiration. In addition, by entering into the agreement, the Buyer confirms that he has been informed (without additional notice) about the rights established by the Law of Ukraine "On Personal Data Protection", about the purposes of data collection, and that his personal data is transmitted to the Seller for the purpose of fulfilling the conditions of this Agreement, conducting settlements, as well as for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a subject of personal data under the Law of Ukraine "On Personal Data Protection" is known and understood by him.
4. Price and Delivery of Goods
4.1. Prices for Goods and services are determined by the Seller independently and indicated on the website of the Internet store. All prices for Goods and services are indicated on the website in hryvnias inclusive of VAT.
4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. In this case, the price of a separate unit of the Goods, the cost of which is paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the website of the Internet store does not include the cost of delivering the Goods to the Buyer. The cost of delivering the Goods is paid by the Buyer according to the current tariffs of delivery services (carriers) chosen directly by the Buyer.
4.4. The cost of the Goods indicated on the website of the Internet 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 contacts the Seller with a relevant request by sending an email or when placing an order through the operator of the internet store.
4.6. The Buyer's obligation to pay for the Goods is considered fulfilled from the moment the funds are credited to the Seller's account.
4.7. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the website of the Internet store 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 to qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).
4.9. The Buyer or their representative, upon receipt of the Goods, confirms by their signature on the sales receipt/order/transportation waybill that there are no claims regarding the quantity, appearance, and completeness of the Goods.
4.10. The right of ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or their Representative from the moment of receipt of the Goods by the Buyer in the city of delivery of the Goods with self-delivery of the Goods from the Seller, or upon transfer of the Goods by the Seller 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.
5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except in cases provided by law and during the execution of the Buyer's Order.
5.2. The Seller has the right to:
5.2.1. Change the terms of this Agreement, as well as the prices for Goods and services, unilaterally by posting them on the website of the Internet store. All changes come into effect upon their publication.
5.3. The Buyer undertakes to:
5.3.1. Before entering into the Agreement, familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the website of the Internet store.
5.3.2. In order for the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary data that unambiguously identify them as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return non-food items of proper quality to the Seller if the goods did not satisfy them in terms of form, dimensions, style, color, size, or for other reasons cannot be used by them for their intended purpose. The Buyer has the right to return non-food items of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of non-food items of proper quality is carried out if they have not been used and if their original appearance, consumer properties, packaging, seals, labels, and the payment document issued to the Buyer for the payment of the Goods have been preserved. The list of goods that cannot be returned on the grounds provided in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund of the value of non-food items of proper quality to the Buyer is made within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, provided that the requirements specified in clause 6.1. of this Agreement, the current legislation of Ukraine are complied with.
6.3. The cost of the Goods is refunded by bank transfer to the Buyer's account.
6.4. The return of non-food items 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 for this.
6.5. In case of defects discovered within the warranty period in the Goods, the Buyer personally, in the manner and within the time limits provided by the legislation of Ukraine, has the right to make claims to the Seller provided by the Law of Ukraine "On Protection of Consumer Rights". When making claims for free elimination of defects, the deadline for their elimination is counted from the date of receipt of the Goods by the Seller for their disposal and physical access to such Goods.
6.6. The consideration of claims provided by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller provided that the Buyer provides the documents provided by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that occurred after their transfer to the Buyer due to the Buyer's violation of the rules of use or storage of the Goods, actions of third parties, or force majeure.
6.7. The Buyer does not have the right to refuse non-food items of proper quality that have individually defined properties if such items can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, equipment, etc., at the Buyer's request). Confirmation that the goods have individually defined properties is the difference in the dimensions of the goods and other characteristics indicated on the website of the online store.
6.8. Return of Goods, in cases provided by law and this Agreement, is carried out at the address indicated on the website in the "Contacts" section.
7. Responsibility
7.1. The Seller shall not be liable for any damage caused to the Buyer or third parties due to improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller shall not be liable for improper or untimely execution of Orders and its obligations in case 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 released from liability for full or partial non-performance of their obligations if such non-performance is a result of force majeure circumstances such as war or military actions, earthquake, flood, fire, and other natural disasters, which occurred independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. The Party unable to fulfill its obligations shall immediately notify the other Party of this.
8. Confidentiality and Personal Data Protection
8.1. By providing their personal data on the website of the Internet store during registration or order placement, the Buyer voluntarily gives their consent to the Seller for the processing, use (including transmission) of their personal data, as well as other actions provided by the Law of Ukraine "On Personal Data Protection", without limitation of the term of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a breach for the Seller to provide information to counterparties and third parties acting under a contract with the Seller, including for fulfilling obligations to the Buyer, as well as in cases where the disclosure of such information is required by the current legislation of Ukraine.
8.3. The Buyer is responsible for maintaining their personal data up to date. The Seller is not responsible for the improper performance or non-performance of its obligations due to the outdated information about the Buyer or its inconsistency with reality.
9. Other Terms
9.1. This contract is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case the disputed issue cannot be resolved through negotiations, the Buyer and/or the Seller have the right to seek resolution of the dispute through the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided in clause 5.2.1. of the Agreement. Additionally, changes to the Agreement may also be made by mutual agreement of the Parties in the manner provided by the current legislation of Ukraine.
SELLER'S ADDRESS AND DETAILS:
Individual Entrepreneur Skrypnychenko M.G.
02130, Kyiv, Voskresenska St., building 14B
Account UA863052990000026005036204124 at PJSC CB "PRIVATBANK"
MFO 305299
TIN 3032412223
Tel. +38(050)3907184
Glyanec