This Agreement is a public contract according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur). By agreeing to this Agreement in full, the buyer accepts the terms and conditions of ordering, payment for goods and delivery of goods.
This Agreement is an agreement between sole proprietor Tkachenko Nataliia Mykolaivna (hereinafter referred to as the “Seller”) and any legal entity, individual entrepreneur or individual, user of online store services, hereinafter referred to as the “Buyer”, which includes all the essential conditions for the organization of purchase and sale remotely (i.e. via the online store).
The terms of this Agreement regulate the relationship between the Seller and the Buyer and are determined by the Law of Ukraine “On Consumer Rights Protection” № 1023-XII of May 12, 1991, and the Rules of retail trade in non-food products, approved by the order of the Ministry of Economy of Ukraine № 104 of April 19, 2007.
1. General provisions
1.1. This agreement is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for the organization of purchase and sale remotely, i.e. via the online store.
1.2. In accordance with Art. 642 of the Civil Code of Ukraine the full and unconditional acceptance of the terms of the public contract, i.e. the public offer of the online store is an act of clicking on the link “Place an order” or “Buy”.
1.3. The public offer is also accepted when the Buyer registers on the website of the online store.
1.4. By concluding the Agreement, the Buyer confirms that he is fully acquainted with its terms and agrees to them, and, when the Buyer is an individual, gives permission to process his personal data in order to fulfill the terms of this Agreement, conduct reciprocal payments, as well as to receive invoices, acts and other documents. Permission to process personal data is valid throughout the term of the Agreement. Along with that, by concluding this Agreement, the Buyer confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine “On Protection of Personal Data” and the purposes of data collection. The scope of the rights of the Buyer as a subject of personal data in accordance with the Law of Ukraine “On Protection of Personal Data” is known and understood to him.
2. Terms and definitions
2.1. “Online store” is the Seller’s website https://en.spilne.art, created for the conclusion of contracts of retail and wholesale purchases and sales on the basis of acquaintance of the Buyer with the description of the Goods offered by the Seller on photos and illustrations, by means of the Internet that excludes the possibility of direct acquaintance of the Buyer with the Goods — through a remote way of selling the goods.
2.2. “Goods” is a list of names of the range presented in the online store.
2.3. “Personal data” is any information that directly or indirectly relates to a particular person or to a person being identified.
2.4. “Significant defect of the Goods” is a defect that makes it impossible or impermissible to use the goods in accordance with their intended purpose, or the Goods do not meet the characteristics and description specified in the online store.
3. Subject of the contract
3.1. The online store 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.
3.2. This agreement regulates the purchase and sale in the online store, including the following:
a) voluntary choice of goods by the Buyer in the online store by category;
b) self-ordering by the Buyer on the website in the online store;
c) payment by the Buyer for the order placed in the online store;
d) execution and transfer of the order to the Buyer in accordance with the terms of this agreement.
4. Ordering procedure
4.1. The Buyer places the order online in the online store or through mobile communication means (Telegram, WhatsApp, Viber) via the contacts specified in the online store.
5. Cost and payment procedure
5.1. The full cost of the goods is indicated on the pages of the Seller’s online store.
5.2. Prices for goods and services may vary depending on market conditions, which affect the prices in the online store. The Seller may not change the price for a particular Buyer if he has already accepted the terms of the Seller and made payment for the Goods (services) in the manner prescribed by this agreement.
5.3. The Buyer pays for the order with an advance payment in the amount of 100% of the price via bank transfer to the current account of the Seller or via Internet banking.
The Buyer can pay for the order online in the Seller’s online store with any Visa or MasterCard card of any bank without commission. Payment by bank cards is made in the following way: when placing an order on the site, the Buyer will be asked to choose the method of payment. In the field “Form of payment” the Buyer needs to choose “Payment by credit card on the site”. After clicking on the “Confirm the order” button, the Buyer will be redirected to the page of the secure payment system LiqPay, where he can make the payment by card.
6. Delivery of the order
6.1. Shipment of goods to the Buyer takes place after the receipt of 100% payment for the order from the Buyer.
6.2. Delivery and return of goods is performed by the Seller or the transport company (carrier) at the expense of the Buyer. The total delivery time is further agreed with the Buyer and may not exceed 60 calendar days.
6.3. The cost of delivery is not specified in the online store, as it depends on the current tariffs of the transport company (carrier) and the dimensions of the Goods.
6.4. When placing orders in bulk, terms and methods of delivery are agreed separately in each case.
6.5. The Seller is not responsible for the delivery time of the order, because it depends on the actions of third parties (carriers).
6.6. Payment for delivery is made by the Buyer to the сarrier сompany independently upon receipt of the Goods. The exact cost of delivery is determined by the carrier company.
7. Return of goods of proper quality
7.1. The Buyer has the right to exchange the product of proper quality for a similar one from the seller from whom it was purchased if the product does not satisfy him in shape, size, style, color, size or when it can not be used for its intended purpose for any other reasons under the following conditions:
A) the product for exchange is provided to the Seller during the period not exceeding fourteen days, excluding the day of purchase;
B) the product can be exchanged if it has never been in use, does not contain usage tracks, when its product appearance, consumer properties, seals and labels are preserved, and the integrity of packaging of the product itself and of its components is not violated;
C) the product does not contain scratches, chips scuffs, and is fully functional;
D) the package contents of the sold product are preserved;
E) the product may be exchanged upon the presentation by the Buyer of the payment document issued to the Buyer together with the sold product.
7.1.1. Requirements of clause 7.1. do not apply to the goods that in accordance with Annex №3 to the Resolution of the Cabinet of Ministers of Ukraine of 19.03.94 №172 “On the implementation of certain provisions of the Law of Ukraine “On Consumer Rights Protection”, are referred to the List of goods of proper quality which are not subject to exchange (return).
7.2. If the Goods do not meet the conditions specified in subclauses A) — E) of clause 7.1., The Seller has the right to refuse to exchange the Goods.
7.3. Transport costs for delivery of the Goods at the exchange under clause 7.1. are covered by the Buyer.
7.4. When exchanging the product, its warranty period is recalculated from the date of exchange.
7.5. If at the moment of exchange a similar product is not available, the Buyer has the right to either purchase any other product from the available range with the appropriate price recalculation, or terminate the contract and get a refund in the amount of the value of the returned product, or exchange the product for a similar one at the availability of the relevant product in stock.
8. Rights and obligations of the parties
8.1. The Buyer is obliged to:
a) get acquainted with the information about the Goods indicated in the Seller’s online store;
b) place an order in the online store by himself;
c) timely pay for the order and receive it from the Carrier under the terms of this agreement;
d) check the integrity and completeness of the product upon its receipt from the carrier by inspecting the contents of the package. In case of detection of damages or incomplete package contents, the Buyer shall document them in an act, which shall be signed by the employee of the carrier as well as by the Buyer.
8.2. The buyer has the right to require the online store to comply with the terms of this agreement.
8.3. The online store is obliged to:
a) comply with the terms of this agreement;
b) hand over the goods to the Buyer in accordance with the selected sample placed in the online store, the placed order and the terms of this agreement;
c) the online store shall not take responsibility, cannot act as a defendant in court and shall not compensate to the Buyer the losses caused by the action or inaction of third parties.
8.4. Online store has the right to:
a) unilaterally suspend the provision of services under this Agreement in case of breach of the terms of this Agreement by the Buyer.
9. Receipt of goods procedure
9.1. Upon receipt of the Goods in the carrier’s warehouse, from the courier or the Seller, the Buyer is obliged to check the external integrity of the package, then open it and verify the proper external condition (absence of mechanical damage) and completeness of the Goods.
9.2. In case of presence of at least one of the defects listed in the clause 9.1. of the Agreement, the Buyer is obliged to document it in the drawn up act of any form. The act shall be signed by the Buyer and the employee of the carrier or Seller. Within 1 (one) day from the moment of signing the Act, the Buyer is obliged to notify the manager (representative of the Seller responsible for ordering the Goods) of the identified defects and agree on the exchange of the Goods or on the procedure for reimbursement of the cost of the Goods by the carrier.
9.3. The Parties have agreed that in case of non-compliance with the binding requirements of this procedure, the Goods are considered to be received by the Buyer in proper condition, without any mechanical damage and in full.
9.4. In case of detection during the established warranty period (expiration date) of significant defects caused by the fault of the manufacturer of the Goods (Seller), or falsification of the Goods, confirmed by the conclusion of the examination, the Buyer, in the manner and within the time limits set by the warranty obligations of the manufacturer of the Goods, taking into account the terms of the Offer Agreement, has the right to demand from the Seller:
9.4.1. the termination of the contract and refund of the amount paid for the Goods;
9.4.2. the exchange of the product for the same one or similar one from the available range of the Seller.
9.5. In this case, upon the confirmation by the Seller of significant defects of the Goods and upon the will of the Buyer, the paid funds shall be reimbursed to the latter to the bank details indicated by him within 7 (seven) calendar days of return of the Goods.
9.6. In any case, the return of the Goods shall take place in the original packaging in which the Goods were received, with preserving the appearance and consumer qualities of the goods.
9.7. All issues related to the procedure, conditions of warranty repair or exchange of the Goods in case of defects during the warranty period (expiration date), which are not regulated in this Offer Agreement, shall be regulated by the warranty obligations established by the manufacturer of the Goods, and in case of non-establishment of such warranty obligations by the manufacturer — in accordance with the current legislation of Ukraine.
10. Responsibilities of the parties
10.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
10.2. In the event of force majeure, the parties shall be released from the performance of the terms of this Agreement. Force majeure for the purposes of this Agreement means events of an extraordinary, unavoidable and unpredictable nature, which impede the fulfillment of this Agreement or make it impossible, and the occurrence of which the Parties cannot foresee or prevent by reasonable measures.
10.3. The party referring to force majeure must notify the other party of the occurrence of such circumstances in writing via e-mail within five calendar days.
10.4. If, due to force majeure, the non-performance of obligations under this Agreement lasts for more than five months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
10.5. The Parties shall make every effort to settle any disputes solely through negotiations.
11. Other terms
11.1. The online store reserves the right to unilaterally amend this Agreement with its prior publication on the website https://spilne.art
11.2. The online store is created for organizing a remote way of selling goods through the Internet.
11.3. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.
11.4. The Buyer is responsible for the accuracy of the information provided when placing an order.
11.5. Payment by the Buyer for the order placed in the online store means the Buyer’s full consent to the terms of the Purchase and Sale Agreement (public offer of the online store) and is the date of concluding the Purchase and Sale Agreement between the Seller and the Buyer.
11.6. The use of the resources of the online store for viewing the goods, as well as for placing an order, is free of charge for the Buyer.
11.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the purposes of the functioning of the online store (sending a message of the execution of the order to the Buyer, sending advertising messages, etc.).
11.8. By accepting the Agreement or signing up on the website https://spilne.art (filling in the registration form) the Buyer voluntarily agrees to the collection and processing of his personal data in the registered database “Counterparties” of the Seller for the following purpose: data that become known to the Seller will be used for commercial purposes, including processing orders for the purchase of goods, receiving information about the order, sending advertisings and information about special offers, promotions, giveaways or any other information about the activities of the store through telecommunications means (e-mail, mobile). For the purposes provided for in this paragraph, the Seller has the right to send letters, messages and materials to the postal address and e-mail of the Buyer, as well as send sms-messages and make calls to the telephone number specified in the profile.
11.9. The Buyer gives the Seller the right to process his personal data, including placing personal data in the Buyer’s database (without additional notification of the Party) and carrying out lifelong data storage, their accumulation, update and change (if needed). The Buyer undertakes to protect data from unauthorized access by third parties, not to disseminate 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 these purposes, as well as at the mandatory request of the competent public authority).
11.10. 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 and sending it to the postal address or e-mail.
12. Duration of this agreement
12.1. This agreement enters into force from the date of ordering or signing up in the online store https://en.spilne.art and is valid until all the terms of the agreement are fulfilled.
13. Contractor’s details
Sole proprietor Tkachenko Nataliia Mykolaivna Address:
Kyiv city, Draizera street, office 41-A
JSC CB “PRIVATBANK”