PUBLIC CONTRACT (OFFER)
For ordering, buying and delivering goods.
This contract is an official and public offer by the Seller to enter into a purchase and sale agreement for the Goods presented on the website https://1314studios.com. This contract is considered public, meaning that, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers, regardless of their status (natural person, legal entity, sole proprietor), without giving preference to one buyer over another. By entering into this Agreement, the buyer fully accepts the terms and conditions for placing orders, payment for goods, delivery of goods, returning goods, responsibility for dishonest orders, and all other contract conditions. The contract is considered concluded from the moment the "Confirm Order" button is pressed on the order confirmation page in the "Shopping Cart" section, and the Buyer receives confirmation of the order from the Seller in electronic form.
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 enter into a purchase and sale agreement for goods remotely (hereinafter referred to as the "Agreement") on the terms contained in this Offer.
1.2. Goods or Services – the subject of the agreement between the parties, which has been selected by the buyer on the website of the Internet store and placed in the shopping cart, or already purchased by the Buyer from the Seller remotely.
1.2. Internet store – the Seller's website at https://1314studios.com, created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer's acquaintance with the Seller's description of the Goods via the Internet.
1.3. Buyer – a capable natural person who has reached 18 years of age, receives information from the Seller, places orders for the purchase of goods presented on the Internet store website for non-business purposes, or a legal entity or sole proprietor.
1.4. Seller – Individual Entrepreneur "Sheredega Yulia Viktorivna" (identification code 3105614428), IE, who is created and operates in accordance with the current legislation of Ukraine, with its registered office: Ukraine, Kyiv, Naberezhno-Khreshchatytska Street, Building 33.
Subject of the Agreement
2.1. The Seller undertakes to transfer the Goods to the Buyer's ownership, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
2.2. The date of the conclusion of the Offer Agreement (acceptance of the offer) and the moment of the complete and unequivocal acceptance of the terms of the Agreement by the Buyer is considered the date of filling out the order form by the Buyer, located on the Internet store website, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the Buyer's discretion, the Agreement can be executed in writing.
Order Processing
3.1. The Buyer independently places an order on the Internet store through the "Shopping Cart" form or by placing an order via email or the phone number provided in the contact section of the Internet store.
3.2. The Seller has the right to refuse to fulfill the order to the Buyer if the information provided by the Buyer during order placement is incomplete or raises suspicion about its accuracy.
3.3. When placing an order on the Internet store website, the Buyer agrees to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Buyer's last name and first name;
3.3.2. Address for product delivery (if delivery to the Buyer's address is required);
3.3.3. Contact phone number.
3.3.4. Identification code for legal entities or sole proprietors.
3.4. The name, quantity, article, and price of the selected Goods chosen by the Buyer are specified in the Buyer's shopping cart on the Internet store website.
3.5. If either party to the contract requires additional information, they have the right to request it from the other party. In case the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods on the Internet store.
3.6. When placing an order through the Seller's operator (item 3.1. of this Offer), the Buyer agrees to provide the information specified in items 3.3 - 3.4. of this Offer.
3.6. The acceptance of the terms of this Offer by the Buyer is carried out by the Buyer entering the relevant data into the registration form on the Internet store website or when placing an order through the operator. After placing the order through the operator, the Buyer's information is entered into the Seller's database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing an order.
3.8. By entering into the Agreement and thus accepting the terms of this offer (the proposed terms for purchasing the Goods) by placing an order, the Buyer confirms the following:
a) The Buyer is fully aware of and agrees to the terms of this offer;
b) The Buyer consents to the collection, processing, and transfer of personal data and allows the processing of personal data throughout the term of the Agreement and for an unlimited period after its expiration. Additionally, by entering into the agreement, the Buyer confirms that they have been informed (without additional notice) of their rights under the Ukrainian Law "On the Protection of Personal Data," the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, enabling mutual settlements, and obtaining invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to grant access and transfer their personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer's order. The extent of the Buyer's rights as a subject of personal data, according to the Ukrainian Law "On the Protection of Personal Data," is known and understood by the Buyer.
Price and Delivery of Goods
4.1 Prices for Goods and services are determined by the Seller independently and are listed on the Internet store's website. All prices for Goods and services are stated in Ukrainian Hryvnia (UAH) and include Value Added Tax (VAT).
4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of an individual unit of Goods, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.
4.3 The cost of the Goods as listed on the Internet store's website does not include the cost of delivering the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer according to the current rates of delivery services (carriers) chosen by the Buyer.
4.4 The cost of the Goods as listed on the Internet store's website does not include the cost of delivery to the Buyer's address.
4.5 The Seller may provide an approximate cost of delivering the Goods to the Buyer's address upon the Buyer's request by sending an email or when placing an order through the Internet store's operator.
4.6 The Buyer's obligation to pay for the Goods is considered fulfilled at the moment when the funds are received by the Seller.
4.7 Settlements between the Seller and the Buyer for the Goods are made using the methods specified on the Internet store's website in the "Payment and Delivery" section.
4.8 When receiving the Goods, the Buyer must, in the presence of the delivery service (carrier) representative, verify the compliance of the Goods with the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).
4.9 The Buyer or their representative, during the acceptance of the Goods, confirms by their signature on the sales receipt, order, or transportation invoice that there are no claims regarding the quantity of the Goods, its appearance, and completeness.
4.10 The ownership rights and the risk of accidental loss or damage to the Goods transfer to the Buyer or their Representative upon the receipt of the Goods by the Buyer in the city of delivery of the Goods in the case of self-delivery from the Seller or during the transfer of the Goods by the Seller to the delivery service (carrier) chosen by the Buyer.
Rights and Obligations of the Parties
5.1. The Seller is obligated 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 in cases provided for by the law and during the execution of the Buyer's order.
5.2. The Seller has the right to:
5.2.1. Change the terms of this Agreement, as well as the prices for Goods and services, unilaterally, by posting them on the Internet store's website. All changes come into effect from the moment of their publication.
5.3. The Buyer undertakes to:
5.3.1. Familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Internet store's website before entering into the Agreement.
5.3.2. In order for the Seller to fulfill its obligations to the Buyer, the Buyer must provide all the necessary data that unambiguously identifies them as the Buyer and is sufficient for the delivery of the ordered Goods.
Return of Goods
6.1. The Buyer has the right to return non-food products of proper quality to the Seller if the product did not meet their expectations in terms of form, dimensions, style, color, size, or for other reasons, making it unsuitable for its intended use. The Buyer has the right to return non-food products of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of non-food products of proper quality is allowed if they have not been used and if their appearance, consumer properties, packaging, seals, labels, and the payment document issued to the Buyer for the payment of the Goods have been preserved. The list of products that are not subject to return based on the provisions of this section is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund of the cost of non-food products of proper quality is made within 30 (thirty) calendar days from the moment of receiving such Goods by the Seller, provided that the requirements specified in clause 6.1 of this Agreement are met, in accordance with the current legislation of Ukraine.
6.3. The cost of the product is refunded to the Buyer by bank transfer to the Buyer's account.
6.4. The return of non-food products to the Seller's address is carried out at the expense of the Buyer, and the Seller does not reimburse the Buyer for such expenses.
6.5. In case of defects discovered within the warranty period in the Goods, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present claims to the Seller, as provided by the Law of Ukraine "On Consumer Rights Protection." When presenting claims for free defect rectification, the time for rectification is calculated from the date of the Goods being transferred to the Seller's disposal and physical access to such Goods.
6.6. The examination of claims provided for by the Law of Ukraine "On Consumer Rights Protection" is carried out by the Seller provided that the Buyer provides the documents required by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that occurred after their transfer to the Buyer due to the Buyer's violation of the rules of use or storage of the Goods, actions of third parties, or force majeure.
6.7. The Buyer does not have the right to refuse Goods of proper quality with individually defined properties if such Goods can only be used by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, equipment, and others). Confirmation that the Goods have individually defined properties is the difference in the dimensions and other characteristics specified on the Internet store's website.
6.8. The return of the Goods, in cases provided by law and this Agreement, is carried out at the address indicated on the website in the "Contacts" section.
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 the Goods purchased from the Seller.
7.2. The Seller is not liable for the improper or untimely fulfillment of Orders and their obligations in the event that the Buyer provides inaccurate or erroneous information.
7.3. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer are relieved from liability for full or partial non-fulfillment of their obligations in case of force majeure circumstances such as war or military actions, earthquake, flood, fire, and other natural disasters occurring independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. The Party that cannot fulfill its obligations immediately notifies the other Party.
Confidentiality and Personal Data Protection
8.1. By providing their personal data on the Internet store's website during registration or when placing an order, the Buyer voluntarily gives their consent to the Seller to process, use (including transfer) their personal data and take other actions as provided for by the Law of Ukraine "On Personal Data Protection" without any limitation in the term of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. The provision of information by the Seller to contractors and third parties acting under an agreement with the Seller, including for the performance of obligations to the Buyer, is not considered a violation of this requirement. Disclosure of such information is also allowed if it is required by the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for the improper fulfillment or non-fulfillment of its obligations due to the obsolescence of information about the Buyer or its inconsistency with reality.
Other Terms
9.1. This agreement is concluded in Ukraine and is governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case a settlement of a disputed issue is not reached through negotiations, the Buyer and/or the Seller have the right to seek dispute resolution through the court in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally as provided in section 5.2.1. of the Agreement. In addition, changes to the Agreement can also be made with the mutual consent of the Parties in accordance with the current legislation of Ukraine.
SELLER'S ADDRESS AND DETAILS:
Private enterpreneur "Sheredejа Yulia Viktorivna"
Ukraine, Kyiv, Naberezhno-Khreshchatytska Street, Building 33
Bank Account UA353052990000026005036805181 at PrivatBank
MFO 305299
IBAN UA353052990000026005036805181
TIN 3105614428
VAT Registration Number 11-28168
Phone: +38 (050) 139 69 51