Public tender contract

PUBLIC OFFER AGREEMENT

for the order, purchase, sale and delivery of goods

The document, the provisions of which are set forth below, is a public offer and a public contract. In accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers, and unconditional acceptance of such terms is considered acceptance of this offer by the Buyer. This agreement is an official and public offer of the Seller to conclude an agreement on the order, purchase, sale and delivery of goods remotely via the Internet and contains a public offer (offer) in the online store, which is available on the Internet at the following link: https://make-it-fashion.store.

In accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, the fact that the Buyer pays for the order under the terms of this Agreement, within the terms and at the prices specified in the Seller's online store, is an acceptance of this offer, which is equivalent to the conclusion of a public contract for the order, purchase, sale and delivery of goods (hereinafter referred to as the “Agreement”) on the terms set forth below.

This public agreement is addressed to all individuals and legal entities wishing to purchase the Goods in the Seller's online store at the link: https://make-it-fashion.store., as well as having the opportunity to receive such goods.

In connection with the foregoing, please read the text of this Offer in detail, and if you do not agree with any of its clauses, the Seller offers you to refuse to purchase the goods or perform any conclusive actions that may be considered as acceptance of this Offer.

1.  DEFINITION OF BASIC TERMS

Acceptance - the provision by the Buyer of full, unconditional and unconditional consent to the conclusion of this Agreement in full, without the signature of a written copy of the Agreement by the Parties.

Order - a duly executed and placed via the Internet request of the Buyer for the purchase of the selected Goods in the Online Store.

Online Store - the Seller's website located on the Internet at the following link: https://make-it-fashion.store., created for the conclusion of contracts for the order, purchase, sale and delivery of goods, based on the Buyer's familiarization with the description and photographs of the goods offered by the Seller, which excludes the possibility of direct familiarization of the Buyer with the goods and provides for an exclusively remote method of selling goods.

Personal Account - a page of the Online Store containing the history of the Buyer's orders made in the Online Store and the personal information specified during registration. The Personal Account may also contain other information necessary to identify the Buyer and place orders, the amount of which is determined by the Seller independently.

Recipient of the goods - the buyer or the person who actually receives the goods delivered by the carrier company on behalf of the buyer. Offer - the Seller's offer posted in the Online Store, which is addressed to an unlimited number of individuals and legal entities, to join the Public Agreement on the order, purchase, sale and delivery of goods.

Buyer means a person who orders and/or reserves the Goods using the technical tools of the Online Store and/or receives such Goods.

The Seller is an individual entrepreneur or other legal entity/individual entrepreneur whose goods are placed in the Online Store.

Public Agreement - an agreement in which one party, an entrepreneur, has undertaken to sell goods to anyone who applies to it.

Goods - goods, images and/or descriptions of which are posted in the Online Store.

Price - a payment set by the Seller as the cost of certain Goods for the Customer. 

For the purposes of this Agreement, all terms specified in this Section of the Agreement shall be used exclusively in the meaning specified in this Section of the Agreement, regardless of the use of these terms in the singular or plural, or in other grammatical forms, cases and/or constructions.

All other terms not specifically defined in this Agreement shall be perceived and interpreted in their literal grammatical meaning, based on the provisions of the current legislation of Ukraine, business practices, as well as the purpose and subject matter of this Agreement.

2.  SUBJECT OF THE AGREEMENT AND GENERAL PROVISIONS

2.1.  In accordance with the terms of this Agreement, the Seller undertakes to transfer to the Buyer the Goods selected by the latter in accordance with the Order in the online store, and the Buyer undertakes to accept and pay for the Goods in the manner and on the terms established by this Agreement. 

2.2.  The ownership of the Goods shall be transferred to the Buyer at the time of delivery (transfer) of the Goods and subject to full payment by the Buyer of the cost of the Goods in the manner and on the terms established by this Agreement. 

2.3 Information on the terms and procedure for ordering, purchasing, selling and delivering the Goods may be provided to the Buyer individually or posted in the online store.

2.4.  The term of this Agreement is not limited. Either Party may terminate it in the manner prescribed by this Agreement.

2.5.  All amendments to the Agreement are published in the Online Store.

2.6. All terms of this Agreement are binding on both the Buyer and the Seller. The Buyer is obliged to familiarize himself with the terms of this Agreement. The Seller is not obliged to additionally or in any other way inform the Buyer about the existence of the Agreement, except for its publication in the online store.

2.7.  Any of the following actions is considered acceptance of this Agreement:

registration of the Buyer on the website at the link: https://make-it-fashion.store, which is the expressed intention of the latter to purchase the Goods selected in the online store;
direct execution of the Order by the Buyer;
prepayment for the Goods in the Online Store using a payment card.
 

3.  PROCEDURE FOR CONCLUDING AN AGREEMENT AND PLACING AN ORDER

3.1.  The Agreement is considered concluded without its further signing from the moment of placing an Order for any Goods that are available for Ordering in the Online Store, which indicates the Buyer's consent to comply with the terms of the Agreement, without signing a written copy by the Parties.

3.2.  The Order can be placed both with and without prior registration in the Personal Account of the Online Store by filling in the necessary information in the order field.

3.3.  In the absence of the ordered Goods, the Seller is obliged to inform the Buyer of such information by means of communication left by the Buyer when placing the Order.

3.4.  In the absence of the ordered Goods, the Buyer has the right to replace it with the Goods of a similar model or cancel the Order by doing so in the Personal Account or by sending the Seller a corresponding request by available means of communication.

3.5.  The Buyer has the right to cancel the order by doing so in the Personal Account or by sending the Seller a corresponding request by available means of communication.

3.6.  The actions specified in clause 3.1 of the Agreement and performed by the Buyer are a confirmation of the full and unconditional acceptance of the public offer by the latter. 3.7.  The Agreement concluded by the Buyer by accepting the public offer shall be legally binding in accordance with Art. 642 of the Civil Code of Ukraine and shall be equivalent to a written agreement.

4.  TERMS AND CONDITIONS OF DELIVERY OF GOODS

4.1 Delivery of the Goods ordered in the Online Store is carried out by delivery services on the territory of Ukraine in accordance with the conditions specified in the Online Store in the section “Payment and Delivery”.

4.2.  Delivery of the Goods to other countries is carried out by couriers delivery services subject to prepayment of the Goods by payment card in the online store.

4.3.  Together with the Order, the Buyer is provided with the documents required by the current legislation.

4.4.  Upon receipt of the Goods, the Buyer is obliged to check the goods for quantity, quality, assortment and completeness. 

4.5.  The fact of acceptance of the Goods by the Buyer is payment for the Goods.

any revision or change in the terms or termination of contracts already concluded by the Seller with the Buyers under the terms of this public Agreement;
the Seller's refusal to fulfill its obligations under contracts already concluded with the Buyers under the terms of this public Agreement.
4.6.  If the Orders are delivered by delivery services (hereinafter referred to as the “Carrier Companies”), by accepting this Public Offer, the Buyer fully and unconditionally agrees to the Rules of Carriage of Goods of the Carrier Companies. The terms of such Rules are available on the websites of the respective Carrier Companies.

4.7.  The risk of accidental loss and/or accidental damage to the Goods shall be transferred to the Recipient from the moment the Order is transferred to him/her and the Recipient signs the documents confirming the delivery of the Order.

5.  PROCEDURE AND CONDITIONS FOR THE RETURN OF GOODS

5.1.  The procedure and conditions for the return of Goods of good quality are defined in the Online Store in the section “Exchange / Return” and is carried out in accordance with the Law of Ukraine “On Protection of Consumer Rights” No. 1024-XII of 12.05.1991 (as amended). 

5.2.  The Buyer has the right to refuse the received Goods within 14 (fourteen) days from the date of receipt of the Goods only if the presentation, consumer properties of the Goods, factory packaging, labels and payment document (electronic document, receipt, sales or fiscal check, ticket, coupon or other document confirming the receipt of funds, indicating the date of payment) are preserved. 

5.3.  The return of the Goods delivered by the Carrier Companies shall be carried out at the expense of the Buyer. 

6.  RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1.  The buyer has the right to: 6.1.1.  Select the Goods from the proposed list in the Online Store, place and send the Order on the relevant pages of the Online Store. 6.1.2.  To require the Seller to fulfill the terms and obligations provided for in this Agreement.  6.1.3.  Refuse to receive advertising materials and other commercial offers of the Seller, which may be sent by the latter to the Buyer's e-mail address. 6.1.4.  To withdraw from this Agreement and/or terminate it in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine. 6.1.5.  To exercise other rights provided for by this Agreement and the provisions of the current legislation of Ukraine.

6.2.  The Buyer undertakes to: 6.2.1.  By the time of acceptance of this Public Offer, familiarize himself with all its terms and conditions. 6.2.2.  Familiarize yourself with the information about the Goods (its description), which is posted in the online store, before placing and sending the Order. 6.2.3.  Duly pay and receive the Order issued in accordance with the terms of this Agreement. 6.2.4.  When registering and/or placing an Order, provide the Seller with all the information necessary for the delivery of the Order. The Buyer is solely responsible for providing false information that has led to the impossibility of the Seller's proper fulfillment of its obligations to the Buyer. 6.2.5.  Upon receipt of the Order, verify the integrity and completeness of the Goods by inspecting the contents of the Order.  6.2.6. To familiarize yourself with the Rules of cargo transportation of the Carrier Companies before placing the Order.

6.3.  The Seller has the right: 
6.3.1. unilaterally suspend the sale of the Goods and the provision of delivery services (refuse to place an Order/sale and delivery of the Goods) in case of violation by the Buyer of the terms of the Agreement. 
6.3.2.  At its sole discretion, unilaterally change the Prices for the Goods. In any case, the Price of the Goods of the Order confirmed by the Seller remains unchanged.
6.3.3.  In the absence of the Goods ordered by the Buyer, exclude the specified Goods from the Order and/or cancel such an Order, without fail notifying the Buyer by sending a corresponding e-mail to the e-mail address specified by the Buyer when placing the Order. 
6.3.4.  At its sole discretion, unilaterally amend the terms of the Agreement by posting (publishing) a new version in the online store. The amendments shall enter into force from the moment of their posting (publication), unless another term for the entry into force of the amendments is additionally specified in their publication.
6.3.5.  Post information on promotional activities and marketing campaigns conducted or to be conducted by the Seller in the Online Store, as well as, in accordance with the terms of this Agreement and the Privacy Policy, send e-mails to the Buyers' e-mail address with information about news, promotional activities, marketing campaigns, and other commercial offers of the Seller. 
6.3.6.  Hold sales and offer promotional offers that provide a temporary opportunity to purchase the Goods on more favorable terms than usual. 
6.3.7.  To exercise other rights provided for by this Agreement and the norms of the current legislation of Ukraine.

6.4.  The Seller undertakes to: 
6.4.1. After confirming the Order, fulfill the duly executed and confirmed Orders. 
6.4.2.  Deliver the Goods in accordance with the Order and the terms of this Agreement. 
6.4.3.  To check the quantitative and qualitative characteristics of the Goods during their packaging and preparation for shipment.  
6.4.4.  In no way disclose information about the personal data of the Buyers, passwords and other access data to the Personal Account. 
6.4.5.  To provide each Buyer with the opportunity to refuse to receive advertising materials and other commercial offers of the Seller, which may be sent by the latter to the e-mail address specified during registration in the Online Store/placing an order.

7.  COST OF GOODS, PROCEDURE AND TERMS OF PAYMENT

7.1 The price of the Goods in the online store is indicated in the national currency of Ukraine - hryvnia, per unit of the Goods in accordance with the established price list. The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of the Agreement.

7.2.  The Seller reserves the right to change the price of the Goods until the Order is placed without notice to the Buyer.

7.3.  The final price is the price specified in the relevant section of the Online Store when transferring funds to the Seller's current account and/or using the proposed payment system.

7.4.  The cost of the Order may vary depending on the price, quantity or nomenclature of the Goods.

7.5.  Settlements between the Parties under the terms of this Agreement shall be made in the national currency of Ukraine in one of the following ways

by transferring the relevant amount of money by the Buyer to the current account of the Seller in accordance with the bank details specified in the invoice for payment for the relevant Goods provided/sent to the Buyer by the Seller.
by bank transfer in the Online Store using one of the offered payment systems.
7.6.  The date of payment by the Buyer of the cost of the Goods shall be the date of receipt of the corresponding amount of funds to the current account of the Seller.

7.7.  Before delivering the Goods to the Buyer, the Seller (courier/third party that delivers the ordered Goods on behalf of the Seller) has the right to require the Buyer to provide a document confirming the fact of payment for the Goods.

7.8.  Failure of the Buyer to fulfill its obligations to pay for the Goods ordered by it shall be considered a unilateral withdrawal of the Buyer from this Agreement in full, which accordingly entails the termination in full of all obligations of the Seller arising from the Buyer's acceptance of the Seller's offer to conclude this Agreement.

8.  RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION

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

8.2.  In the event that non-fulfillment or improper fulfillment of the terms of this Agreement by one of the Parties has caused damage to the other Party, the guilty Party shall be obliged to reimburse such damages in full.

8.3.  Compensation for damages shall not release the guilty Party from its obligations to properly fulfill the terms of this Agreement.

8.4.  The Seller is not responsible for:

minor discrepancies in the color scheme of the Goods, which may differ from the original Goods solely due to the different color rendering of personal computer monitors of certain models;
 the content and accuracy of the information provided by the Buyer when placing the Order;
delays and interruptions in the provision of services for the processing of the Order and delivery of the Goods that occur for reasons beyond its control;
unlawful illegal actions performed by the Buyer using access to the Internet;
transfer by the Buyer of his network identifiers - IP, MAC address, login and password to third parties.
8.5.  In the event of a dispute, the Buyer may send complaints, claims and/or demands to the Seller's official e-mail address: diadiacalls@gmail.com.

8.6.  The Seller shall respond to complaints, claims and/or demands sent to the official e-mail address provided for in clause 8.4. of Section 8 of this Agreement within 10 (ten) business days.

8.7.  In case of failure to reach a consensus within 30 (thirty) calendar days, the Buyer shall have the right to file a complaint with any state body competent to consider such complaints.

8.8.  In case of impossibility to resolve the dispute in accordance with clauses 8.4, 8.5, 8.6 of Section 8 of this Agreement, the Buyer has the right to apply to the court at the location of the Seller.

9.  FORCE MAJEURE CIRCUMSTANCES

9.1.  The Parties shall be released from liability for full or partial non-performance or improper performance of the obligations specified in this Agreement, if such non-performance or improper performance occurred as a result of force majeure circumstances.

9.2.  Force majeure circumstances shall be understood as those that have arisen beyond the will or contrary to the will or desire of the Parties and which cannot be foreseen or avoided, including: military actions, armed conflict or threat thereof, civil unrest, sabotage, epidemics, pandemics, blockades, fires, earthquakes, other natural phenomena, natural disasters, failures in power supply and communications used for the provision of services, adoption of acts of state authorities and other circumstances beyond the control of the Parties that make it impossible for a Party to fulfill its obligations under this Agreement in a timely, complete and proper manner.

9.3.  The occurrence of force majeure must be confirmed by a document of the competent authority - the relevant Chamber of Commerce and Industry or other authorized, competent body, entity.

9.4.  In the event of force majeure, the Party affected by it shall notify the other Party within five (5) days from the date of occurrence of such circumstance or from the date when such Party has the opportunity to notify the other Party of the occurrence of the circumstance. Upon termination of force majeure, the Party that was subject to such force majeure shall notify the other Party of such termination within 5 (five) days from the date of termination of force majeure or from the date when such Party has the opportunity to notify the other Party of the termination of force majeure.

9.5.  If the force majeure circumstances last for more than 3 (three) consecutive months, each of the Parties shall have the right to refuse further fulfillment of obligations under this Agreement and, in this case, neither Party shall be entitled to compensation for possible losses by the other Party.

10.  OTHER TERMS OF THE AGREEMENT

10.1.  This Agreement is a public electronic contract (offer) for the ordering, purchase, sale and delivery of the Goods at a distance by means of remote communication (Internet) through the Online Store.

10.2.  The Seller may withdraw or change the terms of the offer to conclude this public Agreement, as well as change the terms of this public Agreement, at any time.

10.3.  Revocation or change of the terms of the offer (offer) to conclude this public Agreement, as well as change of the terms of this public Agreement, may not be the basis for

any revision or change of the terms or termination of the agreements already concluded by the Seller with the Buyers under the terms of this public Agreement;
the Seller's refusal to fulfill its obligations under the agreements already concluded with the Buyers under the terms of this public Agreement.
10.4.  The terms of the offer to conclude this public Agreement, as well as the terms of this public Agreement, are the same for all Buyers.

10.5.  The Seller's offer (offer) to conclude this public Agreement shall be deemed accepted by the Buyer in full from the moment the Buyer concludes this public Agreement in the manner prescribed by clause 3.1 of section 3 of this Agreement.

10.6.  The conclusion of this public Agreement (acceptance by the Buyer of the Seller's offer) is considered unconditional and full acceptance by the Buyer of all the terms of this public Agreement without exception, including essential terms, as well as entry into the relevant contractual legal relations with the Seller.

10.7.  The documentary (paper) confirmation of the fact of concluding this public Agreement is the corresponding settlement document of the established form with a note on the date of sale (date of transfer) of the Goods.

10.8.  The recognition of certain terms of this public Agreement as invalid, void or invalidated shall not entail the recognition of any other terms of this public Agreement as invalid, void or invalid.

10.9.  On all issues not reflected in this Agreement, the Parties shall be governed by the provisions of the current legislation of Ukraine.