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Public Offer Agreement

1. General Provisions

1.1. This offer is an official proposal by the INDIVIDUAL ENTREPRENEUR Maryna Mateienko Leonidivna (hereinafter – the “Seller”) to conclude a Goods Sale Agreement remotely, i.e. via the Online Store (hereinafter – the “Agreement”), and is published as a Public Offer (proposal) on the Seller's official website artmastermops.net.ua (hereinafter – the “Website”).

1.2. The moment of the Buyer's full and unconditional acceptance of the Seller's proposal (acceptance) to conclude an electronic goods sale agreement is the fact of the Buyer's payment for the order on the terms of this Agreement, within the time limits and at the prices specified on the Seller's Website.

2. Concepts and Definitions

2.1. In this offer, unless the context requires otherwise, the terms below have the following meanings:

  • “Goods” — the list of assortment items presented on the Website;
  • “Online Store” — under the Law of Ukraine “On Electronic Commerce”, a means of presenting or selling goods, works or services through an electronic transaction;
  • “Seller” — the business entity selling the goods presented on the Website;
  • “Buyer” — an individual who has concluded an Agreement with the Seller on the terms set out below;
  • “Order” — the selection of individual items from the list of goods made by the Buyer when placing the order and making payment.

3. Subject of the Agreement

3.1. The Seller undertakes to transfer the Goods into the Buyer's ownership, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.

This Agreement governs the sale of goods in the Online Store, including:

  • the Buyer's voluntary selection of goods in the Online Store;
  • the Buyer's independent placement of an order in the Online Store;
  • the Buyer's payment for the order placed in the Online Store;
  • the processing and delivery of the order into the Buyer's ownership on the terms of this Agreement.

4. Order Placement Procedure

4.1. The Buyer has the right to place an order for any item presented on the Online Store's Website and available for sale.

4.2. Each item may be ordered in any quantity.

4.3. If the item is out of stock, the company manager is obliged to notify the Buyer (by phone or email).

4.4. If the item is unavailable, the Buyer has the right to replace it with an analogue, refuse the item or cancel the order.

5. Order Payment Procedure

Cash on delivery

5.1. Payment is made upon receipt of the goods at the transport company's branch in cash in hryvnia.

5.2. If funds are not received, the Online Store reserves the right to cancel the order.

Payment via the NovaPay system

5.3. Payment is made on the website at the time of placing the order.

5.4. If funds are not received, the Online Store reserves the right to cancel the order.

6. Delivery Terms

6.1. Goods purchased in the Online Store are delivered to the warehouses of transport companies, where orders are issued. Delivery may also be carried out by courier to the address specified when placing the order.

7. Rights and Obligations of the Parties

7.1. The Seller has the right to:

  • unilaterally suspend the provision of services under this Agreement if the Buyer breaches its terms.

7.2. The Buyer is obliged to:

  • pay for and receive the order in a timely manner on the terms of this Agreement.

7.3. The Buyer has the right to:

  • place an order in the Online Store;
  • conclude an electronic agreement;
  • require the Seller to fulfil the terms of this Agreement.

8. Liability of the Parties

8.1. The parties are liable for non-performance or improper performance of the terms of this Agreement in the manner provided by this Agreement and the current legislation of Ukraine.

8.2. The Seller is not liable for:

  • the appearance of the Goods changed by the manufacturer;
  • minor discrepancies in the colour scheme of the goods that may differ from the original solely due to different colour rendering by monitors of individual models;
  • the content and accuracy of the information provided by the Buyer when placing the order;
  • delays and interruptions in the provision of services (order processing and delivery) that occur for reasons beyond its control;
  • unlawful illegal actions carried out by the Buyer using the provided access to the Internet;
  • the Buyer's transfer of their network identifiers — IP, MAC address, login and password — to third parties.

8.3. The Buyer, using the access to the Internet provided to them, is solely liable for damage caused by their actions to persons or their property, legal entities, the state or principles of morality.

8.4. In the event of force majeure, the parties are released from fulfilling the terms of this Agreement. Force majeure means events of an extraordinary, unforeseen nature that exclude or objectively prevent the performance of this Agreement and whose occurrence the parties could not foresee or prevent by reasonable means.

8.5. The parties make every effort to resolve any disputes solely through negotiations.

9. Other Terms

9.1. The Online Store reserves the right to unilaterally amend this Agreement, subject to its prior publication on the website artmastermops.net.ua.

9.2. The Online Store is created to organise a remote method of selling goods over the Internet.

9.3. The Buyer is responsible for the accuracy of the information provided when placing the order. By performing the acceptance (placing the order and subsequent payment for the goods), the Buyer gives the Seller their unconditional consent to the collection, processing, storage and use of their personal data within the meaning of the Law of Ukraine “On Personal Data Protection”.

9.4. The Buyer's payment for the order placed in the Online Store means the Buyer's full agreement with the terms of the sale agreement (public offer).

9.5. The actual date of the electronic transaction between the parties is the date of acceptance of the terms in accordance with Art. 11 of the Law of Ukraine “On Electronic Commerce”.

9.6. The use of the Online Store's resource for previewing goods and placing an order is free of charge for the Buyer.

9.7. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for the purpose of processing the order, sending messages to the Buyer, delivering goods, making settlements, etc.

10. Procedure for Returning Goods of Proper Quality

10.1. Returning goods to the Online Store is carried out in accordance with the current legislation of Ukraine.

10.2. Returning goods to the Online Store is carried out at the Buyer's expense.

10.3. When the Buyer returns goods of proper quality, the Online Store refunds the amount paid for the goods upon the fact of their return, minus compensation for the Online Store's costs associated with delivering the goods to the Buyer.

11. Term of the Agreement

11.1. The electronic agreement is considered concluded from the moment the person who sent the proposal to conclude such an agreement receives a reply on the acceptance of this proposal in the manner determined by part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.

11.2. Before the end of its term, this Agreement may be terminated by mutual consent of the parties before the actual delivery of the goods by refunding the funds.

11.3. The parties have the right to terminate this Agreement unilaterally in the event of non-performance by one of the parties of the terms of this Agreement and in cases provided for by the current legislation of Ukraine.

Seller's Address and Details

Seller
Individual entrepreneur Maryna Mateienko Leonidivna
Location
87 Ivana Bohuna St., Hordashchivka village, Zvenyhorodka district, Cherkasy region
Registration address (per the state register)
87 Ivana Bohuna St., Hordashchivka village, Zvenyhorodka district, Cherkasy region
Recipient code (TIN)
2887712481
Recipient account (IBAN)
UA839358710000067323000008995
Bank name
Nova Pay LLC
Phone
+38 (068) 358-31-46
E-mail
info@artmastermops.net.ua

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