Public offer agreement
1. General provisions
1.1. The following public offer is an official offer from sole proprietor Kalininа Kateryna, hereinafter referred to as the “Manufacturer”, to conclude a Contract for the sale of products remotely, in particular through the Internet store, referred to as the “Contract”, and this Public Offer is posted on the official website of the Manufacturer at https://store.katrusyart.com, hereinafter "Website".
1.2. The fact of payment by the Customer of the order under the terms of this Agreement, within the period and at the prices indicated on the Manufacturer's Website, will be considered a full and unconditional acceptance of the Manufacturer's offer of an electronic contract for the purchase and sale of products.
2. Concepts and definitions
2.1. In this document, unless the context otherwise requires, the following terms have the following meanings:
* "Product" - a model of jewelry of the Manufacturer's production;
* "Internet store" - according to the definition given in the Law of Ukraine "On Electronic Commerce", is a means for presenting or selling goods, works, or services by signing an electronic contract.
* "Manufacturer" - sole proprietor Kalinina Kateryna, who sells products of its production, presented on the Website.
* "Customer" - the person who signed the Agreement with the Manufacturer on the terms below.
* "Order" - selection of individual items from the list of products specified by the Customer when placing the order and making payment.
3. Subject of the contract
3.1. The Manufacturer undertakes to hand over the Product to the Customer, and the Customer undertakes to pay for and accept the Product under the terms of this Agreement.
This Agreement regulates the process of buying and selling Products in the Online Store, including the following:
- voluntary selection of Products by the Customer on the Online Store Website;
- independent registration of the order by the Customer on the Website of the Internet store;
- payment by the Customer of the order placed on the Online Store Website;
- processing and sending the order to the Customer under the terms of this Agreement.
4. Order registration procedure
4.1. The Customer has the opportunity to place an order for any Product that is presented on the Website of the Online Store.
4.2. The quantity of each item in the Order can be any.
4.3. If the Product cannot be delivered, the Manufacturer must notify the Customer about this (by phone, e-mail, or other means of electronic communication).
4.4. In case of unavailability of the Product, the Customer has the right to replace it with a similar model, refuse this Product, or cancel the Order.
5. Order payment procedure
5.1. When placing an Order, the Customer can choose the payment option "at the time of ordering" or "post-payment" if available by the delivery company.
5.2. Payment on the terms "at the time of ordering" is made using the Liqpay system in accordance with the terms of this system (https://www.liqpay.ua/uk/information/user).
5.3. If available with the delivery company, payment on the terms of "post-paid" is made after receiving the Product at the branch of the postal or logistics company in accordance with the terms of this company.
5.4. If the funds have not arrived when choosing payment "at the time of ordering", the online store reserves the right to cancel the Order.
6. Terms of delivery of the Order
6.1. Products purchased in the online store are delivered to the offices of the postal or logistics company where the Orders are issued.
6.2. Together with the Order, the Customer is provided with the necessary documents in accordance with the legislation of Ukraine.
6.3. The Customer pays for the delivery of the Order
7. Rights and obligations of the parties:
7.1. The manufacturer is obliged to:
- deliver the Product selected by the Customer to the postal or logistics company in accordance with the terms of this Agreement.
7.2. The manufacturer has the right:
- demand fulfillment of the terms of this Agreement by the Customer
- in case of violation of the terms of this Agreement by the Customer, terminate this Agreement, notifying the Customer by means of electronic communication or by telephone.
7.3. The customer is obliged to:
- timely pay and receive the Order in accordance with the terms of this Agreement.
7.4. The customer has the right to:
- make an order in the online store;
- sign the electronic contract;
- demand fulfillment of the terms of this Agreement from the Manufacturer.
8. Liability of the parties
8.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the current legislation of Ukraine.
8.2. The manufacturer is not responsible for:
- a slight difference in the color scheme of the Product, which may be due to different settings of personal computer monitors;
- reliability and truthfulness of the information provided by the Customer when placing the Order;
- delays and interruptions in the provision of services (order processing and delivery of the Product) that arise for reasons beyond the control of the Manufacturer;
- illegal actions carried out by the Customer using the provided access to the Internet;
- transfer by the Customer of its network identifiers - IP address, MAC address, login and password to third parties;
8.3. The customer, using access to the Internet, bears personal responsibility for any damage caused by his actions (even if another user was used under his login), including damage caused to individuals and legal entities, the state and moral principles.
8.4. In case of force majeure, the parties are exempted from fulfilling the terms of this contract. Force majeure means extraordinary circumstances, unforeseen and unpreventable, which make impossible or objectively interfere with the performance of the contract and which the parties could not foresee and prevent by reasonable means.
8.5. The parties will use their best efforts to resolve any differences through negotiation.
9. Information
9.1. The Manufacturer's online store works on the Horoshop platform. The Customer's information provided when placing an order, including personal data, is stored on the platform in accordance with the rules of this platform, the Horoshop Public Agreement (https://horoshop.ua/ua/oferta/) and the privacy policy of the platform (https://oauth. horoshop.com.ua/privacy-policy). By placing an order in the online store, the Customer gives his consent to the processing of his personal data by the Contractor, the Horoshop, Liqpay platforms, and systems specified in this Agreement for the purposes of fulfilling this Agreement.
9.2. The information provided by the Customer is confidential. The online store uses information about the Customer exclusively for processing the order, sending notifications to the Customer, delivering the Product, making calculations, and other purposes related to the execution of this Agreement.
9.3. The Manufacturer has full access to the Customer's information solely through the control panel of the Horosop platform, and at the request of the Customer, has the right to delete or edit it using corresponding functions on the Horosop platform.
9.4. The Manufacturer does not copy the Customer's information from the Horosop platform, but it may partially remain on the Manufacturer's equipment in the temporary files of the Internet browser.
9.5. The manufacturer does not transfer the Customer's data to third parties (except a postal or logistics company to deliver the Order under this Agreement). The Customer undertakes to make efforts to save the Customer's data by the general rules of data security (reliable login, password, non-disclosure of the password, etc.).
9.6. The Manufacturer is not responsible for the leakage or transmission of the Customer's information from the Horosop platform for reasons beyond the control of the Manufacturer (such as hacking of the platform or others).
10. Other conditions
10.1. The online store has the right to unilaterally make changes to this agreement with prior publication on the website https://store.katrusyart.com.
10.2. The online store was created for the remote sale of Products via the Internet.
10.3. The customer is responsible for the accuracy of the information provided when placing the order. Upon acceptance (completion of the Order and subsequent payment for the Product), the Customer gives the Manufacturer his unconditional consent to the collection, processing, storage and use of his personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" for the purposes of fulfilling the terms of this Agreement.
10.4. Payment of the order made in the online store confirms the Customer's full agreement with the terms of the sales contract (public offer).
10.5. Using the online store resource to preview the Product and place an order is free of charge.
11. Procedure for returning Products of appropriate quality
11.1. The return of the Product to the online store is carried out in accordance with the current legislation of Ukraine.
11.2. Customer is responsible for costs of shipment for returning Products.
11.3. Upon return of the Product of proper quality, the Online Store shall return to the Customer the amount paid for the Product, except the costs associated with the delivery of the Product to the Customer.
12. Copyright and Intellectual Property
12.1. All Products presented in the online store are protected by copyright and other intellectual property rights.
12.2. All materials contained in the online store (texts, photos, logos, etc.) are protected by copyright and other intellectual property rights.
13. Term of validity of the contract
13.1. An electronic contract between the Customer and the Executor is considered concluded at the time of placing the Order, which certifies the fact of receiving an offer to conclude such a contract and acceptance of this offer in accordance with Article 11 of the Law of Ukraine "On Electronic Commerce".
13.2. Before the expiration of this Agreement, the parties may terminate it by mutual agreement before the actual delivery of the Product by refunding money.
13.3. The parties have the right to terminate this agreement unilaterally in case of non-fulfillment of the terms of this Agreement by one of the parties or in other cases provided for by the current legislation of Ukraine.