PUBLIC OFFER AGREEMENT
The below text of the Public Offer Agreement is addressed to individuals and legal entities and is an official public offer (in accordance with article 641 of the Civil Code of Ukraine) of sole proprietor Kucherniuk Olena Andriivna, acting on the basis of the extract from the Unified State Registry of Legal Entities and Sole Proprietors (record number 2 074 000 0000 028782 dated 09.08.2016), hereinafter referred to as the Seller, on the terms and conditions specified herein.
Definitions:
Website – the Internet site located at the following address: https://orxata.jewelry
Seller – sole proprietor Kucherniuk Olena Andriivna
Public offer – Seller’s public offer addressed to the unlimited range of persons, related to making the Public Offer Agreement (hereinafter referred to as the Agreement) on the terms and conditions determined by the Seller.
Acceptance – giving by User/Buyer of full and unconditional agreement to the Seller for making the Agreement on the terms and conditions specified herein.
Product – items of bijouterie whose pictures (photos) and/or description are placed on the Website.
Order – User’s request for the purchase of Products selected by the User duly made up and placed using the Website and/or using electronic mail.
User/Buyer – person who familiarizes himself/herself with the information placed on the Website and/or orders and/or receives and/or reserves Products using Website tools.
Consignee – Buyer or a person who, on behalf of the Buyer, actually receives the Product delivered by the carrier company.
Submitting personal data (registration) – filling out by the User of a proper form on the Website specifying the data necessary for identification of the User/Buyer and/or making up of the Order, including email.
Account – the page of the Website containing the history of User/Buyer’s orders made using the Website, and personal data submitted by the User/Buyer. The scope of information required for personal identification and making up Orders is determined by the Seller.
Customized products – products carrying unique carving based on the sketch or design provided by the Buyer.
The term «accounting document» is used as defined in article 2 of the Law of Ukraine «On using cash registers in trade, public catering and services» dated 06 July 1995 No. 265/95-VR.
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General
1.1. Information placed on the Website contains the terms and conditions of offer to buy Products and is the Seller’s Public offer addressed to the unlimited range of persons – Website Users.
1.2. Acceptance is submitting personal data by filling out the form on the Website, which is an express intention of the User/Buyer to buy the Products selected on the Website. Acceptance is also placing an order by sending a letter to the email address orxata.jewelry@gmail.com
1.3. By his/her acceptance, the User/Buyer confirms his/her absolute agreement to all provisions and rules of this Public offer without any exclusions and limitations and confirms, that he/she is familiar with its terms and conditions before providing acceptance. If the User is under 18, he/she should inform his/her parents or guardians on the terms and conditions of this offer and the Privacy policy before submitting his/her personal data in order to use this Website and/or buy products or make up Orders via the Website or email.
1.4. The Seller may unilaterally amend the Agreement by publishing amendments on the Website. Amendments become effective from the time of publication, unless a different time of becoming effective of the amendments is specified along with their publication. The User/buyer agrees and recognizes, that amending the Agreement automatically causes incorporation of the same amendments into the current Agreement made by and between the User/Buyer and the Seller.
2. Product information, Product price
2.1. Product information is provided by placing Product pictures (including photos) and text information including SKU, available sizes, product features (characteristics), price per unit etc on the Website.
2.2. Prices of Products presented on the Website are indicated without VAT. The Seller is not a VAT payer.
2.3. Data presented on the Website https://orxata.jewelry is indicative data only. User/Buyer agrees, that the weight and final cost of product can slightly differ from the weight and cost specified on the Website.
2.4. If the User wishes to order customized products carrying unique carving based on the sketch or design provided by the User, the time of manufacture, price and other material terms will be agreed by the parties individually. The Seller reserves the right to refuse from manufacturing a customized product.
3. Ordering procedure
3.1. User/Buyer can individually make up an Order for any product available for Order on the Website.
3.2. Within 1 (one) business day from receiving an Order, the Seller’s representative sends the Buyer an email with confirmation of receipt of the Order.
3.3. The Seller’s representative can additionally liaise with the User/Buyer by phone or using other means of communication specified in the Order, if:
- delivery information need to be detailed;
- ordered product is unavailable;
- ordered product has defects.
After refining the Order, the Seller’s representative can confirm/cancel the Order.
3.4. If the ordered product is unavailable, the User/Buyer may replace the Product with a similar product or cancel the Order.
3.5. Order can be cancelled before the time of order confirmation or refinement by the Seller’s representative by sending a letter to orxata.jewelry@gmail.com
Note that underage persons should, before ordering a Product, get a permit from their parents or legal guardians. Should they fail to get such a permit, underage persons must stop using the Website.
4. Payment procedure
4.1. Product prices are shown in hryvnias (UAH). At User’s discretion, prices on the Website can be shown in euros as equivalent of UAH price at the inter-bank currency exchange rate of the National bank of Ukraine effective on the date of Website visit.
4.2. Payments for products are accepted only in hryvnias. If payment is made using a card issued by a foreign bank, the Seller bears no responsibility for currency conversion. Currency conversion terms and conditions, exchange rate and commission charging are determined by the issuing bank.
4.3. Orders can be paid as follows:
- safe transactions via Portmone
* The Seller assumes no responsibility for personal data collection and processing by Portmone.
5. Product delivery
5.1. Products ordered on the Website are delivered by delivery companies in accordance with the terms and conditions specified on the Website in section «Delivery».
5.2.When receiving Products, the Buyer shall check them for quantity, completeness and quality.
5.3. Signing the delivery note constitutes acceptance of Products by the Buyer.
5.4. Orders are delivered by delivery companies listed in section «Delivery». By his/her acceptance of this Public offer the Buyer fully and unconditionally agrees with Terms and conditions of Carrier companies. User/buyer should individually read such Rules on websites of the respective Carrier companies.
5.5. The risk of accidental loss and/or damaging of a Product is transferred to Buyer from the time of handing the order over to Buyer and signing by Buyer of documents proving delivery of the Order.
Working hours:
Monday – Friday 10:00 - 19:00;
Saturday – Sunday 11:00 - 18:00.
6. Product warranty and return
6.1. Warranty for jewelry products presented on the Website is 30 days from sale. Should they have workmanship defects, the Seller shall perform warranty product repair or exchange in accordance with the current law. In order to obtain warranty service, Buyer should submit the accounting document carrying the date of sale and the personal ID.
6.2 Products that have traces of physical damage or improper use (traces of exposure to detergents containing alkalis, chlorine or iodine, creams and ointments containing mercury or mercury compounds, or exposure to other external factors including improvised repair) will not be repaired/exchanged within the warranty period.
7. Jewelry usage instructions
7.1. Jewelry should be stored separately in order to avoid scratches and chips.
7.2. Proper usage excludes:
- contact with acids, solvents and alkalis (including detergents/laundry soaps/cleaners);
- exposure to substances containing chlorine, iodine, mercury, sulfur or their compounds;
- exposure to open fire;
- exposure to high/low or fast-changing temperatures or roentgen radiation.
7.3. User/Buyer should not clean jewelry using ultrasound or abrasives at home.
8. Seller’s rights and obligations
8.1. Seller’s rights are as follows:
8.1.1. To unilaterally suspend sales of Products (including not accepting Product Orders and delivery requests) if User/Buyer violates the terms and condition of the Public offer;
8.1.2. To unilaterally, at Seller’s own discretion, change Product prices. In any case, Product price that was confirmed by the Seller for an Order shall remain unchanged;
8.1.3. To place on the Website information about promotion campaigns and/or marketing activities that are being or will be conducted by the Seller and/or third party partners of the Seller.
8.1.4. To send, in accordance with the terms and conditions of this Public offer and Privacy policy, to email addresses of Users/Buyers emails containing information on Seller’s commercial offers (including information on special proposals, promotional campaigns and other marketing activities).
6.1.5. To organize delivery of Orders, engaging third-party delivery companies.
8.2. Seller’s obligations are as follows:
8.2.1. To execute properly made up and confirmed Orders starting from the time of Order confirmation;
8.2.2. To secure handing over/shipment of Products to Carrier company in accordance with the Order;
8.2.3. To check Products for quantity and quality during preparation for handing Products over to delivery company;
8.2.4. To comply with the Privacy policy;
8.2.5. To allow User/Buyer to refuse from receiving Seller’s promotional materials and/or other commercial offers forwarded by the Seller to the email address specified in the registration form on the Website.
9. User/Buyer’s rights and obligations
9.1. User/Buyer’s rights are as follows:
9.1.1. To select Products and make up Orders using the Website;
9.1.2. To send applications/requests to the Seller’s email address;
9.1.3. To require the Seller to comply with the terms and conditions and obligations provided for in this Public offer;
9.1.4. To refuse from receiving Seller’s promotional materials and/or other commercial offers forwarded by the Seller to the email address specified by User/Buyer.
9.2. User/Buyer’s obligations are as follows:
9.2.1. To read all the terms and conditions and provisions of this Public offer before Acceptance of the Public offer;
9.2.2. To read Product information – description and features (characteristics) placed on the Website, before making up an Order;
9.2.3. To submit correct and complete data necessary for making up and delivering of an Order. User/buyer shall be liable for submitting untrue/inaccurate data that made it impossible to properly execute an Order by the Seller.
9.2.4. To pay and receive Orders in accordance with the terms and conditions of the Public offer;
9.2.5. When receiving an Order – to check the Products for integrity and completeness. In case there are any damaged or incomplete Products – to report them in a Report signed by Buyer/Consignee and the delivery person.
9.2.6. To read the Rules of carriage of Carriage companies before making up and Order.
10. Parties’ liability. Dispute resolution procedure
10.1. The Seller does not guarantee uninterrupted and error-free operation of the Website and is not responsible for:
- delay, interruption, losses caused by a failure of any electronic hardware or mechanical equipment not owned by the Seller;
- problems with data transfer or connection caused not by third parties;
- the quality of common communication channels used for Website access;
- Website access blocking caused by third parties.
The Seller however undertakes to put all reasonable efforts for the avoidance of the aforementioned and will take all steps possible for elimination of problems.
10.2. Users/Buyers’ complaints or claims should be made in writing. The Seller will take all steps necessary in order to satisfy Users/Buyers’ complaints/claims provided they are justified and properly executed in accordance with the current Ukrainian law.
10.3. All disputes, controversies and demands arising from this Agreement or in connection with it, including those related to its performance, violation, termination or invalidity, shall be resolved at the respective court in accordance with the current Ukrainian law.
11. Force-majeure
11.1. The Parties shall not be held liable for delayed or improper performance of their respective obligations, if such non-performance was caused by force-majeure circumstances that are beyond the Parties’ control, such as military operations, strikes, riots, accidents, acts of God, changes in the Ukrainian law, or other force-majeure circumstances that occurred after making hereof and that directly affect the performance hereof and could not have been foreseen or prevented by the Parties.
11.2. The Party disabled from performing its respective obligations by force-majeure circumstances shall promptly notify in writing the other Party about the occurrence of the aforementioned circumstances and, within 30 (thirty) calendar days, provide the other Party with a proof of force-majeure circumstances. Such a proof will be an appropriate document issued by a state body authorized by the Chamber of Commerce and Industry of Ukraine or another duly authorized state body located in the area of occurrence of force-majeure circumstances.
12. Personal data collection and processing clause
12.1. By the fact of Acceptance of the Agreement the User/Buyer agrees to personal data collection and processing in accordance with the Law of Ukraine dated 01 June 2010 No. 2297- VI «On personal data protection» and the Privacy policy published on the Website.
12.2. Information submitted by the User/Buyer is collected, processed, stored, used and can be transferred to third parties only for the purpose of and to the extent of Seller’s fulfillment of her respective obligations provided by this Public offer.
12.3. User/Buyer may withdraw his/her agreement to personal data processing by sending a respective request to the following email address: orxata.jewelry@gmail.com or to the Seller’s address. In doing so, the User/Buyer understands and agrees, that withdrawing the Agreement prevents further usage of the Website and making up of Orders.
13. Miscellaneous
13.1. The current Ukrainian law applies to the relationships between the Seller and User/Buyer.
13.2. Product photos presented on the Website can differ from the actual appearance of Products.
13.3. The Seller reserves the right to extend or reduce product range presented on the Website.
13.4. The Agreement shall be deemed executed and becomes effective from the time of acceptance and shall be valid till the Parties have fulfilled their respective obligations provided hereby or till termination for reasons specified in the Agreement and/or norms of the current Ukrainian law.
13.5. Invalidity of any of the provisions of this Agreement shall not render this Agreement as a whole.
13.6. The Parties may not cede (transfer) their respective rights and obligations hereunder to third parties.
13.7. Should the Seller withdraw the Public offer within the validity term of the Agreement, the Agreement shall be deemed terminated from the time of withdrawal, except as otherwise determined by the Seller when withdrawing the Offer.
13.8. This Agreement may be terminated by Parties’ consent at any time or for other reasons provided in this Agreement or the norms of the current Ukrainian law.
14. Seller’s details
14.1. Sole proprietor Kucherniuk Olena Andriivna, acting on the basis of the extract from the Unified State Registry of Legal Entities and Sole Proprietors (record number 2 074 000 0000 028782 dated 09.08.2016), payer of single tax (2nd group).
14.2. Seller’s address: Kyiv, 1 Ihoria Sikorskogo st, ap.227.
14.3. Phone: +380979531393, email address: orxata.jewelry@gmail.com
14.4. Bank details: UA683206490000026009052659469 at PJSC CB «Privatbank», MFO 320649.