Public offer

 

PUBLIC OFFER AGREEMENT

 

1. General Provisions

1.1. This Agreement is a public offer (hereinafter, the "Offer") addressed to an indefinite number of persons. In accordance with Article 638 of the Civil Code of Ukraine, if the Buyer agrees to the terms of the Offer and performs its acceptance, the Buyer undertakes to pay for and accept the Goods, and the Seller undertakes to transfer the Goods to the Buyer.

1.2. The Seller sells goods through an online store located at https://zhuravka.com.

1.3. Proper acceptance of this Offer is considered to be the Buyer filling out the corresponding electronic form on the Website in the "Place Order" section and/or the Buyer making a full or partial payment for the ordered Goods.

1.4. By performing the acceptance, the Buyer confirms that they have read and are familiar with all the terms of this Agreement, as well as the terms set out on the Website pages governing delivery, payment, and return of goods, and assume the obligations stated therein.

2. Definition of Terms

2.1. Seller – Individual Entrepreneur Zhuravel Mariia Vasylivna, acting on the basis of an extract from the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Organizations, registration number 171621193664.

2.2. Buyer – A legally capable individual who has reached the age of 18, or a legal entity that accepts the Offer and intends to purchase the Goods for purposes not related to entrepreneurial activities.

2.3. Goods – The list of items published on the Website: original works of art, as well as printed products (prints, postcards, calendars), and other related products.

2.4. Website – The website https://zhuravka.com, where this Offer is posted.

2.5. Order – The Buyer’s decision to purchase the Goods by placing a request for the purchase and delivery of the Goods.

3. Subject of the Agreement

3.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept them on the terms defined by this Agreement.

3.2. This Agreement applies to all types of Goods presented on the Website.

3.3. By concluding this Agreement, the Buyer confirms that they have read and are familiar with all information about the Goods being sold, including their appearance, design, color, size, and quality, and agree to purchase such Goods with those characteristics.

4. Rights and Obligations of the Parties

4.1. The Seller undertakes to:

  • Transfer the Goods to the Buyer in the manner chosen by the latter.

  • Comply with the terms defined in this Offer and on the Website pages.

4.2. The Seller has the right to:

  • Refuse to accept the Buyer's acceptance in the event of the actual absence of the Goods in stock or lack of payment.

  • Inspect the Goods upon their return by the Buyer and refuse to accept the return/exchange if there is damage or signs of use.

4.3. The Buyer undertakes to:

  • Timely and fully pay for the order.

  • Comply with the terms of this Offer.

4.4. The Buyer has the right to:

  • Receive Goods of proper quality and in full compliance with the terms of this Offer.

  • Receive necessary information about the Goods from the Seller.

5. Price and Payment Procedure

5.1. The prices for the Goods are indicated on the Website.

5.2. The procedure for paying for the Goods, available payment methods, and conditions for free delivery (if any) are detailed on the page "Delivery and payment" at https://zhuravka.com/uk/pages/delivery-and-payment.

6. Delivery and Returns

6.1. Delivery terms, including timeframes and cost, are set out on the page "Delivery and payment" at https://zhuravka.com/uk/pages/delivery-and-payment.

6.2. The terms for returns and exchanges, including requirements for the condition of the goods and the list of non-returnable items (including printed products), are set out on the page "Returns and exchanges" at https://zhuravka.com/uk/pages/%D0%BF%D0%BE%D0%B2%D0%B5%D1%80%D0%BD%D0%B5%D0%BD%D0%BD%D1%8F-%D1%82%D0%B0-%D0%BE%D0%B1%D0%BC%D1%96%D0%BD.

6.3. The risk of accidental destruction or damage to the Goods passes to the Buyer from the moment of their actual transfer to the Buyer or the first carrier (in the case of delivery).

7. Intellectual Property

7.1. All intellectual property objects posted on the Website, including but not limited to: photo and video materials, graphics, text descriptions, logos, corporate identity, as well as the works of fine art themselves (both originals and their images), are objects of copyright belonging to the Seller.

7.2. The purchase of the Goods does not grant the Buyer any rights to the intellectual property, except for the right to possess the physical object itself. The Buyer is not entitled to use, copy, modify, distribute, or otherwise use the Seller's intellectual property objects without their written permission.

7.3. In the event of a violation of the Seller's intellectual property rights, the Seller has the right to demand the immediate cessation of such violation, compensation for damages and/or moral harm.

8. Liability of the Parties and Dispute Resolution

8.1. For non-fulfillment or improper fulfillment of their obligations, the Parties shall be liable as provided for by this Agreement and the current legislation of Ukraine.

8.2. The Seller is not responsible for the actions of carrier companies, including delivery times or damage to the Goods during transportation. In the event of damage to the Goods, the Buyer is obligated to document it with a claim form directly at the carrier's branch.

8.3. All disputes arising from this Agreement shall be resolved through negotiations. If an agreement is not reached, the dispute shall be submitted to a court.

9. Force Majeure Circumstances

9.1. A party is exempt from liability for the full or partial violation of the terms of the Agreement if such violation occurred due to force majeure circumstances, such as: military actions, natural disasters, mass riots, cyberattacks, mass power outages, and other extraordinary events.

9.2. The occurrence of force majeure circumstances must be certified by the Chamber of Commerce and Industry of Ukraine.

10. Use of Buyer's Personal Data

10.1. By accepting the Offer, the Buyer gives their voluntary consent to the collection, processing, and storage of their personal data (full name, phone number, email, delivery address) for purposes related to the fulfillment of the terms of this Agreement.

10.2. The Seller undertakes not to transfer the Buyer's personal data to third parties, except in cases provided by law or necessary for the delivery of the order.

11. Term of the Agreement and Other Terms

11.1. This Agreement enters into force from the moment it is accepted by the Buyer and remains valid until the Parties have fully fulfilled their obligations.

11.2. The Seller has the right to unilaterally make changes to the text of this Offer. The changes take effect after their publication on the Website.

Seller: Individual Entrepreneur Zhuravel Mariia

Ukraine, 33016, Rivne region, Rivne city, Bohoyavlenska Street, building 28, apartment 26

Email: zhuravka.onlineshop@gmail.com