CONTRACT OF PUBLIC OFFER

of Order, Purchase, Sale, and Delivery of Goods

This agreement is an official and public offer of Karolina Olexandrivna Syniavska (hereinafter the Seller) to enter into a contract of sale of the Goods, which is posted on the website http://alinasinyavskaya.com/ (hereinafter - the Website). This agreement is public, i.e., in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur), without favoring one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and conditions of ordering, payment for goods, delivery of goods, return of goods, liability for unscrupulous order, and all other terms of the contract. The contract is considered concluded from the moment of clicking the “Order confirmed” button on the checkout page in the “Basket” section and receiving by the Buyer from the Seller electronic confirmation of the order and/or payment of the order.

1. Definitions

1.1. Public offer (hereinafter - the Offer) is the public proposal of the Seller, addressed to an unspecified circle of persons, to conclude a contract for the sale of goods remotely with the Seller (hereinafter - the Agreement) on the terms contained in this Offer.

1.2. The Good or the Service is the object of the agreement between the parties, which was selected by the Buyer on the website of the online store and placed in the basket, or already purchased by the Buyer from the Seller remotely.

1.3. The Online Store is the Seller’s site at http://alinasinyavskaya.com/, created for concluding retail sales and wholesales contracts on the grounds of the Buyer’s familiarization with the description of the Goods proposed by the Seller using the Internet.

1.4. The Buyer - a natural person, legal entity, or natural person-entrepreneur who has reached the age of 18 - receives information from the Seller, places an order for the purchase of goods presented on the Online Store Website for purposes not related to the implementation of entrepreneurial activities.

1.5. The Seller – Private Limited Company “Syniavska Karolina Olexandrivna” (ID code 3664200447) – is a legal entity operating in accordance with the current legislation of Ukraine, located in Ukraine, 41301, Sumy Oblast, Krolevets Region, the town of Krolevets, Prospekt Myru Street 8/23. 

2. The Subject of the Contract

2.1. The Seller undertakes to transfer the Good to the Buyer, and the Buyer undertakes to pay for and accept the Good under the terms of this Agreement.

2.2. The date of the conclusion of the Offer (Acceptance of the Offer) and the moment of complete and unquestionable acceptance by the Buyer of the terms of the Contract shall be considered the date when the Buyer fills out the order form located on the Website of the Online Store, provided that the Buyer receives an electronic confirmation of the order from the Seller. If necessary, at the request of the Buyer, the Contract may be executed in a written form. 

3. Registration of the Order

3.1. The Buyer independently places the order in the Online Store through the “Basket” form or makes the order through the Instagram social network application, by e-mail or by phone number specified in the Contact section of the Online Store.

3.2. The Seller has the right to refuse to transfer the order to the Buyer in the event that the information provided by the Buyer during the order placement is incomplete or raises suspicions about its validity.

3.3. When placing the order on the Website of the Online Store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:

3.3.1. Buyer’s surname and first name; 

3.3.2. The address to which the Good shall be delivered (if delivery is carried out to the Buyer’s address);

3.3.3. Phone number;

3.3.4. ID code of a legal entity or a natural person-entrepreneur. 

3.4. The name, quantity, color, size, and price of the Good selected by the Buyer are indicated on the Website of the Online Store.

3.5. In case any of the Parties to the Contract needs additional information, it has the right to request it from the other Party. If the Buyer does not supply the required information, the Seller does not stand responsible for providing the high-quality Service to the Buyer who is purchasing the Good in the Online Store.

3.6. When placing the order through the Seller’s operator (Clause 3.1 of the Offer), the Buyer undertakes to provide the information specified in Clauses 3.3 - 3.4 of the Offer.

3.7. The Buyer’s acceptance of the terms of the Offer is carried out by entering the respective data into the registration form on the Website of the Online Store or in the course of placing the order through the operator. After placing the order through the operator, the Buyer’s data are entered into the Seller’s database.

3.8. The Buyer is responsible for the accuracy of the information provided in the course of placing the order.

3.9. By concluding the Contract, i.e. accepting the terms of the Offer (the proposed terms of purchasing the Good), through placing the order, the Buyer confirms the following:   

а) the Buyer is completely and fully familiar and agrees with the terms of the Offer;

б) the Buyer 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 Contract, as well as for an unlimited period after its expiration. In addition, by concluding the Contract, the Buyer confirms that he / she has been informed (without additional notification) of the rights established by the Law of Ukraine ”On the Protection of Personal Data”, of the purposes of data collection, as well as of his / her personal data being transferred to the Seller for the purpose of being able to fulfill the conditions of this Contract, the possibility of mutual payments, as well as for the purpose of receiving invoices, acts, and other documents. The Buyer also agrees that for the purpose of fulfilling his / her order, the Seller has the right to provide access and transfer the Buyer’s personal data to third parties (including carriers, delivery services, packers) without any additional notice to the Buyer. In accordance with the Law of Ukraine ”On the Protection of Personal Data”, the Buyer, as a subject of personal data, knows and understands  all his / her rights.

4. Price and Delivery of the Good

4.1 Prices for Goods and Services are determined by the Seller independently and indicated on the Website of the Online Store. All prices are in UA Hryvnias, including VAT. 

4.2 The Seller may vary prices for Goods and Services unilaterally, depending on market conditions. At the same time, the Seller cannot change the price of a separate unit of the Good, the cost of which has been paid in full by the Buyer, unilaterally.

4.3. The price of the Good, indicated on the Website of the Online Store, does not comprise the cost of delivery of the Good to the Buyer. The latter shall be paid by the Buyer in accordance with the current rates of delivery services (carriers) chosen by him / her.

4.4. The price of the Good, indicated on the Website of the Online Store, does not comprise the cost of delivery of the Good to the Buyer’s address. 

4.5. The Seller may indicate the approximate cost of the Good delivery to the Buyer’s address when the Buyer makes a corresponding request to the Seller by sending a letter to the Seller’s e-mail or when placing the order through the operator of the Online Store.

4.6. The Buyer’s obligations to pay for the Good are considered fulfilled from the moment the Seller receives the payment on his / her account.

4.7. The Buyer pays for the Good in one of the ways specified on the Website of the Online Store in the ”Payment and Delivery” section.

4.8. On receiving the Good, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Good with the qualitative and quantitative characteristics (product name, quantity, completeness, size, model, color, and other additional characteristics).

4.9. When receiving the Good, the Buyer or his / her Representative confirms with his signature on the Good receipt / or in the purchase order / or in the waybill for the delivery of the Good / or by paying for services to the carrier that he has no complaints about the quantity of the Good, its appearance, completeness, and other characteristics.

4.10. The right to property and the risk of accidental loss or damage of the Good shall pass to the Buyer or his / her Representative from the moment the Buyer receives the Good at the place of delivery upon independent delivery of the Good from the Seller, or when the Seller hands over the Good to the delivery service (carrier) chosen by the Buyer. 

5. Rights and Duties of the Parties

5.1. The Seller is obliged:

5.1.1. To deliver the Good to the Buyer in accordance with the terms of this Contract and the Buyer’s order.

5.1.2. Not to disclose any private information about the Buyer and not to give third parties the access to this information, except for the cases envisaged by law, as well as the cases related to the execution of the Buyer’s order, in particular delivery services (carriers).

5.2. The Seller has the right:

5.2.1 To change the terms of this Contract, as well as the prices of the Goods and Services, unilaterally, by posting them on the Website of the Internet Store. All changes enter into force from the moment of their publication.

5.3 The Buyer undertakes:

5.3.1 To get acquainted with the content and terms of the Contract, as well as with the prices offered by the Seller on the Website of the Online Store before the moment of concluding the Contract.

5.3.2 In order for the Seller to fulfill his obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him / her as the Buyer and are sufficient for the delivery of the ordered Good to the Buyer.

6. Return of the Good

6.1. The Buyer has the right to return to the Seller the non-food Good of inappropriate quality, if this Good did not satisfy the Buyer in terms of its shape, size, style, color, dimensions or for other reasons and cannot be used by the Buyer for its intended purpose. The Buyer has the right to return the Good of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of the Good of proper quality takes place if it has not been used and if its appearance, consumer properties, packaging, seals, labels, as well as the financial document, issued to the Buyer for payment of the Good, have been duely preserved. The list of the Goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.

6.2. The return to the Buyer of the cost of the Good of proper quality is carried out within 30 (thirty) calendar days from the moment of receipt of such Good by the Seller, on condition of complying with the requirements envisaged in clause 6.1. of the Contract and the current legislation of Ukraine.

6.3. The cost of the Good is subject to refund by bank transfer to the Buyer’s account.

6.4. The return of the Good of proper quality to the Seller’s address is carried out at the expense of the Buyer, whereas the Seller does not reimburse the Buyer.

6.5. In the event that defects in the Good are detected during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present to the Seller the requirements provided for by the Law of Ukraine ”On the Protection of Consumer Rights”. In the case of requests for free elimination of defects, the deadline for their elimination is calculated from the date of receipt of the Good by the Seller at his disposal and physical access to such Good.

6.6. Consideration of the requirements envisaged by the Law of Ukraine ”On the Protection of Consumer Rights” is carried out by the Seller on the condition that the Buyer provides the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for the defects of the Good that occurred after it was handed over to the Buyer or the carrier as a result of the Buyer and/or the carrier violating the rules of use or storage, transportation of the Good, actions of third parties or force majeure.

6.7. The Buyer does not have the right to refuse from the Good of proper quality, which has individually defined properties, if the specified Good can be used exclusively by the Buyer who purchased it (at the buyer’s request, non-standard sizes, characteristics, appearance, equipment, etc.). The confirmation that the Good has individually defined properties is the difference in its size and other characteristics from those specified in the Online Store.

6.8. The return of the Good in cases envisaged by law and this Contract is exercised at the address indicated on the Website in the ”Contacts” section, provided there was prior notification of the Seller about the reasons for the return of the Good.

7. Responsibility

7.1. The Seller is not responsible for the damage caused to the Buyer or third parties as a result of improper use and storage of the Good purchased from the Seller. In addition, the Seller is not responsible for improper and untimely fulfillment by third parties of their obligation to deliver the Good, including carriers/delivery services.

7.2. The Seller is not responsible for improper and untimely fulfillment of the orders and his / her 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 Contract.

7.4. The Seller or the Buyer is released from responsibility for full or partial non-fulfillment of their obligations, if the non-fulfillment is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire, and other natural disasters that occurred regardless of the will of the Seller and/or the Buyer after concluding this Contract. A Party that cannot fulfill its obligations shall immediately notify the other Party thereof.

8. Confidentiality and Protection of Personal Data

8.1. By providing his / her personal data on the Website of the Online Store during registration or in the course of placing the order, the Buyer gives to the Seller his / her voluntary consent to the processing and use (including the transfer) of his personal data, as well as agrees that the Seller may take some other actions envisaged by the Law of Ukraine “On the Protection of Personal Data”, without limiting the validity period of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to give this information to counterparties and third parties acting on the basis of the Contract with the Seller, especially when it comes to the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

8.3. The Buyer is responsible for keeping his personal data updated. The Seller is not responsible for poor performance or non-fulfilment of his / her obligations due to the irrelevance of the information about the Buyer or its inconsistency.

9. Other Conditions

9.1. This Contract is concluded on the territory of Ukraine and acts in accordance with the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case the Parties do not reach agreement on the disputed issues through negotiations, they have the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to introduce amendments to this Contract unilaterally, which is envisaged by Clause 5.2.1. In addition, changes to the Contract may also be made by mutual agreement of the Parties in accordance with the procedure provided for by the current legislation of Ukraine. 

SELLER’S ADDRESS AND ID CODE:

Private Limited Company “Syniavska Karolina Olexandrivna”

Ukraine, 41301, Sumy Oblast,

Krolevets Region, the town of Krolevets,

Prospekt Myru Street, 8/23

ID Code 3664200447

tel. +38(097)417-71-38