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Public offer

This agreement, in which one party, FOP Gridzhuk I. A. EDRPOU 529043885482 (hereinafter referred to as the Seller), on the one hand, and any person who has accepted (accepted) this offer (hereinafter referred to as the Buyer), on the other hand, hereinafter together - the Parties, have concluded this agreement (hereinafter referred to as the Agreement) addressed to an unlimited number of persons, which is an official public offer of the Seller to conclude a contract of sale of Goods, photos of which are posted in the relevant section of the website www.3d-embroidery.com.

1. GENERAL PROVISIONS


1.1. The contractual relationship between the Seller and the Buyer is concluded in the form of a Public Offer Agreement. Clicking on the “PLACE AN ORDER” button on the Order processing page of the online resource or placing an order by phone (contacts are listed in the “CONTACTS” section) or by placing an order by e-mail means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current Ukrainian legislation, has accepted the terms of the Public Offer Agreement, which are specified below.
1.2. The Public Offer 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). By fully agreeing to this Agreement, the Buyer accepts the terms and procedure for placing an order, payment and delivery of the goods by the Seller, liability for an unscrupulous Order and for failure to comply with the terms of this Agreement.
1.3. This Agreement comes into force from the moment of clicking on the “PLACE AN ORDER” button or placing an order by phone call (contacts are listed in the “CONTACTS” section) or by placing an order by e-mail, by which the Buyer consents to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and makes full payment with him.

2. TERMS AND DEFINITIONS

"Acceptance" - the Buyer's acceptance of the Seller's offer to purchase the Goods, the image of which is posted on the Website www.3d-embroidery.com by adding it to the virtual cart and sending the Order. Or purchasing the Goods (placing an order) by phone, e-mail.

"Buyer" - any capable individual, legal entity, individual entrepreneur, according to current Ukrainian legislation, who visited the Website www.3d-embroidery.com and intend to purchase one or another Goods.

 

"Order" - a properly executed and posted on the Website www.3d-embroidery.com or by phone call (contacts are specified in the "CONTACTS" section) or by e-mail, the Buyer's application for the purchase of Goods, addressed to the Seller.

 

"Legislation" - the current legislation of Ukraine, which may be applied to legal relations related to the performance and/or arising from the performance of the obligations described in this Agreement.

 

"Material defect of the Goods" - a defect that makes it impossible or inadmissible to use the goods in accordance with their intended purpose, arose through the fault of the manufacturer (Seller), and after its elimination manifests itself again for reasons beyond the control of the consumer.

 

3. SUBJECT OF THE CONTRACT

 

3.1. The Seller undertakes, under the terms and in the manner specified in this Agreement, to sell the Goods on the basis of the Order placed by the Buyer on the relevant page of the Website www.3d-embroidery.com, and the Buyer undertakes, under the terms and in the manner specified in this Agreement, to purchase the Goods and pay for them.

3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and that there are no third party rights to them.

3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham agreement or an agreement concluded under pressure or deception.

3.4. The Seller confirms that it has all the necessary permits to carry out economic activities that regulate the scope of legal relations that arise and operate in the process of performing this Agreement, and also guarantees that it has the right to sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to be liable in the event of violation of the Buyer's rights in the process of performing this Agreement and selling the Goods.

4. RIGHTS AND OBLIGATIONS OF THE SELLER

4.1. The Seller is obliged to:

  • fulfill the terms of this Agreement;

  • fulfill the Buyer's order upon receipt of payment from the Buyer;

  • transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the Website www.3d-embroidery.com, the executed Order and the terms of this Agreement;

  • check the qualitative and quantitative characteristics of the Goods during their packaging in the warehouse.

4.2. The Seller has the right to unilaterally suspend the provision of services under this Agreement in the event of the Buyer's violation of the terms of this Agreement.

 

5. RIGHTS AND OBLIGATIONS OF THE BUYER

5.1. The Buyer is obliged to:

  • timely pay for and receive the order under the terms of this Agreement;

  • familiarize yourself with the information about the Goods posted on the Seller's website;

  • upon receipt of the Goods from the person who delivered them, make sure of the integrity and completeness of the Goods by inspecting the contents of the package. In the event of damage or incompleteness of the Goods, record them in a certificate, which must be signed by the person who delivered them to the Buyer together with the Buyer

5.2. The Buyer has the right:

  • place an order on the relevant page of the Website www.3d-embroidery.com or place an order by e-mail, or place an order by phone (contacts are listed in the "CONTACTS" section);

  • require the Seller to fulfill the terms of this Agreement.

 

6. ORDERING PROCEDURE

The Buyer independently places an Order on the relevant page of the Website www.3d-embroidery.com by adding the Goods to the virtual cart by clicking the “Order” button, or by placing an order by e-mail or by calling the phone number specified in the contact section of the Website www.3d-embroidery.com.

 

7. CONTRACT PRICE AND PAYMENT PROCEDURE

7.1. The price of each individual Product is determined by the Seller and indicated on the relevant page of the Website www.3d-embroidery.com. The price of the Agreement is determined by adding the prices of all selected Products placed in a virtual basket or placing an order via e-mail, or announcing the name with the price of the selected Product, and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or nomenclature of the Product.
7.3. The Buyer may pay for the Order in the following ways:

1) by bank transfer to the Seller's current account specified in the invoice, including via Internet banking.
2) by cash on delivery upon receipt of the Order at the representative office of the delivery service of Nova Poshta LLC

3) by any other method agreed with the Seller.

7.4. The Seller reserves the right, at its own discretion, to change the price of the goods, the right to hold promotions, the right to set discounts on the full/partial range of goods, which is posted on the corresponding page of the Website www.3d-embroidery.com.

 

8. TERMS OF DELIVERY OF GOODS

8.1 The Buyer receives the Goods by delivery. The procedure for payment and receipt is specified on the relevant page of the Website www.3d-embroidery.com
8.2. When delivering goods to other cities of Ukraine, which is performed by other delivery Services (hereinafter referred to as Carriers), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these Carriers.
8.3. The fact of receipt of the goods and the absence of claims to the quality of the goods delivered by the Carriers is confirmed by the Buyer with his own signature on the consignment note, the declaration of the Carrier. For his part, the Seller guarantees the shipment of the goods to the Carrier in the quantity specified and paid for by the Buyer, in completeness according to the specification of this product and in proper condition and quality.
8.4. In the event of the Buyer's absence at the delivery address specified by the Buyer in the application or the Buyer's refusal to receive the Goods for unjustified reasons, when delivered by the courier of the Carrier Company, the Goods are returned to the shipping center. Payment for the services of the Carrier Company is deducted from the amount transferred by the Buyer for the Goods. The remaining amount is returned to the Buyer on the basis of his letter sent to the e-mail address info@3d-embroidery.com indicating the current account to which the funds should be returned. Commission fees of banking institutions are paid by the Buyer and this amount is not refundable.
The Buyer can clarify all questions that arose during the process of payment and receipt of the Goods by using the contact details in the Contacts section.

9. RETURN CONDITIONS

9.1. Upon receipt of the Goods at the carrier’s warehouse, from the courier or the Seller, the Buyer is obliged to check the external integrity of the packaging, then open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and the completeness of its completeness.
9.2. In the event of at least one of the listed defects, the Buyer is obliged to record it in a drawn up act of any form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, the defects must be recorded by means of photography or video recording.
Within 1 (one) day, the Buyer is obliged to notify the manager (the Seller’s representative responsible for placing the order for the Goods) of the identified defects and agree on a replacement of the Goods.
9.3. The parties agreed that in case of non-compliance with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in good condition - without any mechanical damage and in full completeness.
9.4. The Buyer, who concluded the contract in the online order mode, may terminate it without giving reasons within 14 days.
9.5. The Goods must correspond to the condition in which it was purchased: in the original packaging together with the purchase documents. The Goods must have a set of tags and not contain signs of use.
9.6. The cost of the purchased goods is refunded after receiving the parcel (return of the goods to the Seller's warehouse). The cost of the goods is subject to refund by transfer to the account specified by the Buyer, while the commission fee of banking institutions is paid by the Buyer, and this amount is not subject to refund. The cost of delivery of the returned goods that do not have defects is paid by the Buyer, and this amount is not subject to refund.
9.7. The buyer has the right to exchange the goods for an identical one by placing a new order. The costs of returning (exchange) the goods using a carrier or courier company (Seller's representative) are paid by the buyer and these funds are not refundable.
9.8. The costs of returning the goods that have defects are subject to reimbursement if there are documents confirming such costs and containing conclusions confirming the defectiveness of the goods.
9.9. The seller is not responsible for defects in the goods, and the right to refuse the goods does not apply if the goods have mechanical damage that was not reported to the carrier upon receipt of the parcel.
9.10. Claims for shortages, re-sorting or excess are accepted within 2 days after receipt of the parcel.

10. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION

10.1. The Parties are liable for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the procedure provided for by this Agreement and the current legislation of Ukraine.
10.2. In the event of disputes arising from the performance by the Parties of this Agreement, with the exception of disputes regarding debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of a claim is 7 (seven) calendar days from the date of its receipt. Compliance with the claim procedure is not required for disputes related to debt collection from the Buyer.
10.3. All disputes, disagreements or claims arising from or in connection with this Agreement, including those relating to its performance, violation, termination or invalidity, shall be subject to resolution in the appropriate court in accordance with the substantive and procedural law of Ukraine.

 

11. FORCE MAJEURE

 

11.1. The Parties shall not be liable for failure to perform any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, i.e. events or circumstances that are actually beyond the control of such Party, occurred after the conclusion of this Agreement, which are unforeseen and unavoidable.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, catastrophes, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.
11.2. The Party for which it has become impossible to fulfill its obligations under this Agreement due to force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances, and also within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure circumstances.
11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was postponed due to the listed circumstances.
11.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement lasts more than three months, each Party has the right to terminate this Agreement unilaterally, notifying the other party in writing.
Despite the occurrence of force majeure, before termination of this Agreement due to force majeure, the Parties shall make final mutual settlements.

12. OTHER TERMS OF THE CONTRACT

12.1. Photos of the goods, namely the color scheme of the materials used and the accuracy of the pattern, may differ slightly from their actual appearance.
12.2. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the Seller about the order of the Goods, sending advertising messages, etc.).
12.3. By accepting the Agreement or registering on the Website www.3d-embroidery.com (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data for the following purpose: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, obtaining information about the order, sending by telecommunication means (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about the activities of the Website www.3d-embroidery.com. For the purposes provided for in this clause, the Buyer has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as to send SMS messages, and to make calls to the telephone number specified in the form.
12.4. The Buyer grants the right to process his personal data, including: placing personal data in databases (without additional notification), lifelong storage of data, their accumulation, updating, modification (as necessary). The Seller undertakes to ensure data protection from unauthorized access by third parties, not to distribute 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 the specified purposes, as well as at the mandatory request of a competent state authority).
12.5. In case of unwillingness to receive mailings, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials by sending it to the e-mail address.
12.6. The Seller is not responsible for the content and veracity of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information specified when placing an order.


Legal address of the individual entrepreneur Hrydzhuk I. A.: Kyiv region, Vyshneve city, Lypova st., building 7.

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