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Public Agreement of the Art Lover Online Store

PUBLIC AGREEMENT (OFFER)

for ordering, sale and delivery of goods

This agreement is an official and public offer by the Seller to conclude a purchase and sale agreement for the Goods presented on the website https://www.artlover.art. This agreement is public, meaning that according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, or individual entrepreneur), without any preference for one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and procedures for placing an order, paying for the goods, delivering the goods, returning the goods, liability for dishonest orders, and all other conditions of the agreement. The Agreement is considered concluded from the moment the 'Confirm Order' button is clicked on the order placement page in the 'Cart' section and the Buyer receives an electronic order confirmation from the Seller.

1. Definitions

  • 1.1. Public Offer (hereinafter referred to as the 'Offer') – a public offer by the Seller, addressed to an indefinite number of persons, to conclude a distance purchase and sale agreement (hereinafter referred to as the 'Agreement') with the Seller under the terms specified in this Offer.
  • 1.2. Goods or Services – the subject of the agreement between the parties, selected by the buyer on the online store’s website and placed in the shopping cart, or already purchased by the Buyer from the Seller remotely.
  • 1.3. Online Store – the Seller’s website located at https://www.artlover.art, created for concluding retail and wholesale purchase and sale agreements based on the Buyer’s acquaintance with the product descriptions offered by the Seller via the Internet.
  • 1.4. Buyer – a legally capable individual who is at least 18 years old, receives information from the Seller, places an order for the purchase of goods presented on the online store’s website for purposes not related to business activities, or a legal entity or individual entrepreneur.
  • The Seller is a sole proprietor, Ilchyshyn Oleksandra Serhiivna, established and operating in accordance with the current legislation of Ukraine and conducting business activities in compliance with registration documents.

2. Subject of the Agreement

  • 2.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
  • 2.2. The date of concluding the offer agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the customer of the terms of the agreement is considered to be the date the order form is completed on the website and payment is made.

3. Order Placement

  • 3.1. The Buyer independently places an order on the respective page of the website https://www.artlover.art using the payment system by clicking the 'Checkout', 'Pay', 'Order' button, etc., or by placing an order via email or by calling the support number listed in the Contacts section of the website.
  • 3.2. The Seller has the right to refuse to fulfill the order if the information provided by the Buyer during order placement is incomplete or raises doubts about its validity.
  • 3.3. When placing an order on the website, the Buyer agrees to provide the following mandatory information required by the Seller to fulfill the order:
  • 3.3.1. Buyer's full name and email address;
  • 3.3.2. address for delivery of the Goods (if delivery to the Buyer’s address is required);
  • 3.3.3. contact phone number;
  • 3.3.4. Identification code for legal entities or individual entrepreneurs.
  • 3.4. The name, quantity, article number, and price of the selected Goods are indicated in the Buyer's cart on the website.
  • 3.5. If either Party requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods online.
  • 3.6. When placing an order through the Seller’s operator (clause 3.1 of this Offer), the Buyer agrees to provide the information listed in clauses 3.3 – 3.4 of this Offer.
  • 3.7. The Buyer's acceptance of this Offer is carried out by entering the relevant data into the registration form on the website or by placing an Order via the operator. After placing the Order through the operator, the Buyer’s data is entered into the Seller’s database.
  • 3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
  • 3.9. By concluding the Agreement, i.e. by accepting the terms of this offer (proposed terms of purchase), through placing the Order, the Buyer confirms the following: a) the Buyer is fully familiar with and agrees to the terms of this offer; b) the Buyer consents to the collection, processing, and transfer of personal data, and this consent is valid throughout the duration of the Agreement and for an unlimited period after its expiration. Furthermore, by concluding the agreement, the Buyer confirms that they have been informed (without additional notification) about the rights provided by the Law of Ukraine 'On Personal Data Protection', about the purpose of data collection, and that their personal data is transferred to the Seller to fulfill the terms of this Agreement, to enable settlements, and to receive invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer their personal data to third parties without any additional notifications for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a subject of personal data according to the Law of Ukraine 'On Personal Data Protection' is known and understood by them.
  • 3.10. The Seller processes the order within up to 3 (three) business days from the date it is placed on the Website.

4. Price and Delivery of Goods

  • 4.1. Prices for Goods and services are determined by the Seller independently and indicated on the online store’s website. All prices for Goods and services are listed in the national currency of Ukraine – hryvnia.
  • 4.2. Prices for Goods and services may be changed unilaterally by the Seller depending on market conditions. However, the price of a specific item, which has been fully paid by the Buyer, cannot be changed unilaterally by the Seller.
  • 4.3. The price of the Goods listed on the online store’s website does not include the cost of delivery to the Buyer. The Buyer pays for delivery according to the current tariffs of the selected delivery service (carrier).
  • 4.4. The price of the Goods listed on the website does not include delivery to the Buyer's address.
  • 4.5. The Seller may indicate an approximate delivery cost upon the Buyer’s request via email or when placing an order through the online store operator.
  • 4.6. The Buyer’s payment obligation for the Goods is considered fulfilled once the Seller receives the funds in their account.
  • 4.7. Payments between the Seller and the Buyer for the Goods are made using the methods specified on the online store’s website in the 'Payment and Delivery' section.
  • 4.8. Upon receiving the Goods, the Buyer must check in the presence of the delivery service representative (carrier) the conformity of the Goods with the quality and quantity characteristics (product name, quantity, completeness, expiration date).
  • 4.9. The Buyer or their representative, upon receiving the Goods, confirms with their signature on the sales receipt and/or order and/or delivery note that they have no claims regarding the quantity, appearance, or completeness of the Goods.
  • 4.10. Ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or their Representative at the moment the Goods are received by the Buyer at the place of delivery in case of self-pickup from the Seller, or at the time the Seller hands over the Goods to the delivery service (carrier) chosen by the Buyer.
  • 4.11. The final price is the one specified in the virtual shopping cart when placing the order and/or at the time of payment for the Goods through the proposed payment system.
  • 4.12. Settlements between the Parties under this Agreement shall be made in the national currency of Ukraine by one of the following methods: • by transferring the corresponding amount of money by the Buyer to the Seller's current account in accordance with the banking details specified in the invoice for the relevant Order provided/sent to the Buyer by the Seller; • by non-cash payment in the Online Store using the payment system.

5. Rights and Obligations of the Parties

  • 5.1. The Seller is obliged to:
  • 5.1.1. Deliver the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
  • 5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except as required by law or during the fulfillment of the Buyer's Order.
  • 5.2. The Seller has the right to:
  • 5.2.1. Unilaterally change the terms of this Agreement, as well as the prices for Products and Services, by publishing them on the Online Store website. All changes take effect from the moment of their publication.
  • 5.2.2. Unilaterally suspend the delivery of goods or provision of services under this Agreement in case of violation by the Buyer of its terms.
  • 5.2.3. Unilaterally determine the price of the product.
  • 5.2.4. Exercise other rights in accordance with the current legislation of Ukraine and this Agreement.
  • 5.3. The Buyer is obliged to:
  • 5.3.1. Familiarize themselves with the content and terms of this Agreement and the prices offered by the Seller on the Online Store website before concluding the Agreement.
  • 5.3.2. In order for the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary data that clearly identify them as the Buyer and are sufficient for the delivery of the ordered Goods.
  • 5.4. The Buyer has the right to:
  • 5.4.1. Place an order for goods listed on the relevant page of the website;
  • 5.4.2. Demand that the Seller deliver the product in accordance with the terms of this Agreement;
  • 5.4.3. Exercise other rights in accordance with the current legislation of Ukraine and this Agreement.
  • 5.4.4. Enjoy all consumer rights in accordance with the current legislation of Ukraine governing these legal relations.
  • 5.5. The Buyer is prohibited from:
  • 5.5.1. Copying and distributing in any way the goods received under this offer;
  • 5.5.2. Carrying out any activity based on the Seller's product;
  • 5.5.3. Disseminating false or misleading information, defamatory statements damaging the honor, dignity, or business reputation of the Seller, or inciting national, ethnic, gender, racial intolerance, enmity, war, change of governmental system, or any information prohibited by the laws of Ukraine or international law depending on the service delivery territory.

6. Product Returns

  • 6.1. The procedure and conditions for exchanging and returning goods of proper quality are specified in the 'Returns' section of the Online Store.
  • 6.2. Exchange and return of goods are carried out in accordance with the Law of Ukraine 'On Consumer Protection' No. 1024-XII dated May 12, 1991 (with amendments).
  • 6.3. The Buyer has the right to refuse the received goods within 14 (fourteen) days from the date of receipt, provided that the goods retain their marketable condition, consumer properties, original packaging, labels, and the sales receipt or other proof of purchase (electronic document, receipt, invoice, etc.) indicating the payment date.
  • 6.4. According to Part 1, Article 9 of the Law of Ukraine 'On Consumer Protection' and Resolution No. 172 of the Cabinet of Ministers of Ukraine dated March 19, 1994, cosmetic and perfumery products sold in the Online Store are classified as 'Perfume and Cosmetic Products' that are not subject to return or exchange if of proper quality.
  • 6.5. If the goods are returned by the Buyer due to a delay in dispatch caused by the Seller, rendering the goods no longer relevant to the Buyer, and/or if the received items do not match the Buyer's order, and/or if significant product defects indicating poor quality are found — the Seller shall bear the cost of courier or delivery services related to such return or exchange. In all other cases, the Buyer bears the delivery costs.

7. Liability

  • 7.1. The Seller is not liable for damage caused to the Buyer or third parties due to improper installation, use, or storage of goods purchased from the Seller.
  • 7.2. The Seller is not liable for improper or delayed fulfillment of Orders and obligations if caused by incorrect or false information provided by the Buyer.
  • 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 Agreement.
  • 7.4. The Seller or Buyer shall be released from liability for full or partial failure to fulfill obligations if such failure is due to force majeure circumstances such as war, military actions, earthquakes, floods, fires, or other natural disasters beyond the control of the Parties after the Agreement has been concluded. The Party unable to fulfill its obligations must immediately notify the other Party.

8. Confidentiality and Personal Data Protection

  • 8.1. By providing their personal data on the Online Store website during registration or order placement, the Buyer gives the Seller their voluntary and indefinite consent to the processing, use (including transfer), and other actions regarding their personal data as provided by the Law of Ukraine 'On Personal Data Protection'.
  • 8.2. The Seller undertakes not to disclose information received from the Buyer. Disclosure is not considered a violation if information is provided to contractors or third parties acting under an agreement with the Seller, including for the fulfillment of obligations to the Buyer, or if disclosure is required by the applicable laws of Ukraine.
  • 8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor performance or failure to fulfill obligations due to outdated or inaccurate information about the Buyer.

9. Other Provisions

  • 9.1. This Agreement comes into effect upon payment by the Buyer for the goods on the website.
  • 9.2. If any provision (part) of this Agreement becomes invalid for any reason, it shall not affect the validity of the remaining provisions.
  • 9.3. The Buyer guarantees that all terms of this Agreement are clear and fully accepted without exception.
  • 9.4. In matters not regulated by this Agreement, the Parties shall be governed by the applicable laws of Ukraine.
  • 9.5. According to Resolution No. 172 of the Cabinet of Ministers of Ukraine dated March 19, 1994 'On the Implementation of Certain Provisions of the Law of Ukraine On Consumer Protection', the goods sold on the Site fall under the list of goods of proper quality that are not subject to return or exchange, as specified in Appendix No. 3 of the Resolution.

SELLER CONTACT DETAILS

  • Private Entrepreneur Ilchyshyn Oleksandra Serhiivna
  • Tel.: +380 (96) 393 19 88
  • e-mail: artlover.ua@gmail.com
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