Public Offer

PUBLIC OFFER
This Sale and Purchase Agreement (hereinafter - the Agreement) constitutes a public contract concluded at a distance and simultaneously serves as a public offer - an offer by the Seller to enter into a public sale and purchase agreement for the Goods through means of remote communication, namely via the Seller's online store located at: https://artlovesells.com/, to any interested party in accordance with the terms provided in this Agreement.
1. **TERMS AND CONCEPTS. GENERAL PROVISIONS**
1.1 The terms and concepts contained in the Agreement are used in the following meanings:- **Website** - the website of the Seller's online store, available on the Internet at: https://artlovesells.com/, including all its web pages.- **Seller** - Individual Entrepreneur Yana Viktorivna Rogatenyuk, registered in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Formations under No. p: 2010350000000598630 dated 15.07.2024, Tax Identification Number 3465501961, registered address (place of residence): Ukraine, 08129, Kyiv Oblast, Petropavlivska Borshchahivka village, Bucha district, Volynska street, building 1, apartment 50- **Buyer** - any legally capable individual who is at least eighteen years old, legal entity, or individual entrepreneur intending to place and/or place an order on the Website for the purpose of purchasing Goods.- **Goods** - the list of goods published on the Website offered for sale remotely via the Seller's online store under the terms of this Agreement.- **Public Contract** - a contract under which the Seller undertakes to sell Goods to anyone who contacts them under the conditions set forth in this Agreement.- **Public Offer** - a public proposal by the Seller to enter into an electronic sale and purchase contract for Goods remotely via the Seller's online store on the terms specified by the Seller.- **Acceptance** - the Buyer’s full and unconditional agreement to the Seller’s offer to enter into the Public Contract on the terms provided in the Public Offer by performing an action defined by this Agreement aimed at accepting the terms of the Public Offer.- **Order** - a properly executed and placed request by the Buyer for the purchase of selected Goods via the Website.- **Significant Defect** - a defect that makes it impossible or unacceptable to use the Goods for their intended purpose, arises from the manufacturer’s (Seller's) fault, reappears after being fixed due to reasons beyond the Buyer’s control, and has at least one of the following characteristics:  a) it cannot be eliminated at all;  b) its elimination requires more than fourteen calendar days;  c) it makes the Goods significantly different from what is stipulated by the Agreement.- **Defect** - any discrepancy of the Goods with the requirements of legal regulations and normative documents, the conditions of this Agreement, or the information about the Goods provided by the manufacturer (Seller).
1.2 This Agreement is a public contract according to Article 633 of the Civil Code of Ukraine, the terms of which are established uniformly for all Buyers.
1.3 This Agreement is published on the Website and constitutes a public offer in accordance with Article 633 of the Civil Code of Ukraine.
1.4 This Agreement is an adhesion contract, which means it can only be concluded by the Buyer’s adhesion to the proposed contract in its entirety. The Buyer cannot propose their own terms.
1.5 The Seller ensures the availability of the Goods offered for sale. Information about the Goods posted on the online store, including photographs, may differ from the actual appearance of the Goods. The description and characteristics of the Goods listed on the website do not contain exhaustive information about the Goods and may contain typographical errors. The Buyer can obtain complete information about the Goods by contacting the Seller. Contact information for the Seller is posted on the Website.
1.6 The price of the Goods and delivery costs are specified on the Website in the relevant sections and are also displayed when placing an Order and in the electronic confirmation message.
1.7 By concluding the Agreement, the Buyer confirms that they are fully acquainted with and agree to its terms, and, if the Buyer is an individual, consents to the processing of their personal data for the purpose of fulfilling the terms of this Agreement, conducting financial transactions, as well as for receiving invoices, delivery notes, and other documents. The consent to process personal data is valid throughout the duration of the Agreement. Additionally, by concluding this Agreement, the Buyer confirms that they have been informed (without additional notice) of their rights established by the Law of Ukraine “On Personal Data Protection”, and the purposes of data collection. The scope of the Buyer’s rights as a personal data subject under the Law of Ukraine “On Personal Data Protection” is known and understood by them.
1.8 This Agreement is considered concluded from the moment the Buyer places the Order in accordance with Section 4 of this Agreement.
2. **SUBJECT OF THE AGREEMENT**
2.1 The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2 Ownership of the Goods transfers to the Buyer at the moment of the Buyer’s acceptance of the Goods under the terms established by this Agreement.
2.3 The Seller guarantees that the Goods are not pledged, are not subject to any disputes, are not under arrest, and there are no third-party rights on them.
2.4 The Seller and Buyer confirm that this Agreement is not a fictitious or simulated transaction, nor a transaction made under duress or deceit.
3. **ORDERING PROCEDURE**
3.1 The acceptance of the offer to enter into this Agreement by the Buyer is carried out by placing an Order for the Goods on the online store under the conditions specified in this Agreement.
4. **ORDER FORMATION PROCEDURE**
4.1 The Buyer independently selects the Goods on the site and adds the selected Goods to the “Cart” by pressing the “Add to Cart” button.
4.2 After clicking the “Proceed to Checkout” button, the Buyer fills out the Order form, providing their first name, last name, e-mail (email), phone number, delivery address, payment method, delivery method, and other data necessary for the Seller to fulfill their obligations under the Agreement.
4.3 By clicking the “Confirm Order” button, the Buyer agrees to all the terms of this Agreement and confirms that they have received comprehensive information about the Goods, its main characteristics, price, delivery cost, and delivery terms.
4.4 The Order is considered placed after performing the actions specified in paragraphs 4.1 and 4.2 of this Agreement and clicking the “Confirm Order” button.
5. **ORDER PROCESSING AND CONFIRMATION**
5.1 The processing and confirmation period for the Order by the Seller is up to 2 (two) working days from the moment of its placement. If the Seller requires additional time to process and confirm the Order, this period will be agreed with the Buyer additionally.
5.2 The Seller confirms the Order by sending an email to the email address provided by the Buyer when placing the Order, with an electronic letter (message) specifying the main characteristics of the Goods, the Order number assigned by the Seller, the price of the Goods, their quantity, delivery cost, information about the delivery time of the ordered Goods (if the Buyer ordered Goods with delivery), and a link to this Agreement.
5.3 If it is impossible to fulfill the confirmed Order due to the absence of the ordered Goods, the Seller will immediately notify the Buyer, but no later than 30 (thirty) days from the moment of Order placement.
6. **PRICE OF THE GOODS AND ORDER PAYMENT PROCEDURE**
6.1 The price of the Goods is indicated on the Website for each unit of Goods separately and includes taxes.
6.2 All prices for Goods are indicated in the national currency of Ukraine - hryvnia. Prices for Goods may also be indicated in US dollars or other foreign currencies, but all payments for Goods are made in hryvnia. Depending on fluctuations in the exchange rate established by the National Bank of Ukraine, the actual amount deducted from the Buyer’s account in foreign currency may differ from the price of the Goods in foreign currency indicated on the Website. All expenses related to commission and other fees charged by the bank for converting foreign currency are borne by the Buyer.
6.3 Payment for the Goods is made by non-cash methods using bank cards in accordance with the rules of the relevant payment system.
6.4 Payment for the Goods using a bank card is made immediately after the Buyer selects the Goods.
7. **DELIVERY TERMS, COST, AND CONDITIONS**
7.1 Delivery of the Goods is carried out within Ukraine by the Seller independently or with the help of third parties (delivery services, transport companies, etc., at the Seller’s choice).
7.2 If the selected Goods are available in the Seller’s warehouse, delivery is made within 30 (thirty) calendar days from the day of Order placement in accordance with Section 4 of this Agreement.
7.3 Regardless of the chosen delivery method, the Seller’s obligation to deliver the Goods is considered fulfilled in full from the moment the Goods are handed over to the transport company or courier for delivery.
7.4 If the delivery is carried out by a transport company, the delivery of the Goods is carried out according to the transport company’s delivery terms.
7.5 The Goods are handed over to the Buyer upon presentation of an identification document.
7.6 Delivery costs are paid by the Buyer unless otherwise specified by the delivery conditions for a certain period.
7.7 The delivery cost is established according to the tariffs of the delivery service or transport company carrying out the delivery.


**8. PROCEDURE FOR ACCEPTING GOODS**
8.1. Acceptance of Goods is carried out by the Buyer at the moment of delivery or receipt of the Goods at the Seller's address.
8.2. During the acceptance of the Goods, the Buyer must 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 completeness of its set.
8.3. If there are no comments on the quality and completeness of the Goods, the Buyer must accept the Goods.
8.4. The Seller must provide the Buyer with a receipt confirming the purchase, with a mark on the date of sale, as well as instructions for the care of the Goods.
8.5. In case the Buyer finds defects or significant defects in the Goods during acceptance, the Buyer has the right to refuse to accept the Goods and terminate this Agreement, or demand replacement of the Goods with the same or an analogous item from those available with the Seller.

**9. RETURN AND EXCHANGE OF GOODS. TERMINATION OF AGREEMENT**
9.1. The Buyer has the right to return or exchange the Goods of proper quality for an analogous item within 14 (fourteen) calendar days from the date of receipt of the Goods, excluding the day of purchase, provided all of the following conditions are met:
9.1.1. The Goods have not been used, their appearance, consumer properties, seals, labels, and the receipt issued with the Goods are preserved.
9.1.2. The Goods are not included in the list of goods specified in Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994, No. 172 “On the Implementation of Certain Provisions of the Law of Ukraine 'On Protection of Consumer Rights'” as non-exchangeable and/or non-returnable (e.g., underwear, hosiery, etc.).
9.2. The Buyer cannot return or exchange underwear and hosiery of proper quality under any circumstances.
9.3. If the analogous Goods are not available for exchange at the time, the Buyer has the right to either purchase any other Goods from the available assortment with an appropriate adjustment of the price, or terminate the Agreement and receive a refund of the value of the returned Goods, or exchange the Goods for an analogous item upon its next availability for sale.
9.4. In case of discovering significant defects within the warranty period, which occurred due to the manufacturer's fault (Seller) or falsification of the Goods, confirmed by an expert conclusion, the Buyer has the right to choose either to terminate the Agreement with a refund of the money paid for the Goods, or to demand replacement of the Goods with the same or an analogous item from those available with the Seller.
9.5. The Buyer or Seller has the right to terminate this Agreement at any time before the acceptance of the Goods by the Buyer.
9.6. The Buyer has the right to terminate this Agreement within 14 (fourteen) calendar days from the date of receipt of the Goods, excluding the day of purchase, provided that all conditions specified in points 9.1.1. and 9.1.2. of this Agreement are met.
9.7. If the Goods were sent to the Buyer by mail, in case of termination of the Agreement, the Goods must also be returned by mail.
9.8. The Seller is obliged to compensate the Buyer's expenses related to the return of Goods with significant defects as specified in point 9.4.
9.9. In case of termination of the Agreement and return of Goods that have already been paid for by the Buyer via bank transfer, the paid funds are returned by the Seller within 7 (seven) working days from the moment of return of the Goods.
9.10. If the Buyer refused to accept the Goods which have already been paid for by bank transfer and decided to terminate the Agreement, the paid funds are returned by the Seller within 7 (seven) working days from the moment of termination of the Agreement.

**10. WARRANTY OBLIGATIONS**
10.1. The Seller guarantees that the Goods comply with state standards and/or technical conditions of Ukraine, which establish requirements for such Goods.
10.2. The Seller is not liable for defects in the Goods if they occur after transfer to the Buyer due to the Buyer's violation of usage rules (care instructions for the Goods) or storage of the Goods, actions of third parties, or force majeure.
10.3. The Seller establishes a warranty period of 90 days for the Goods. The warranty period begins the day after the Goods are accepted by the Buyer.
10.4. In case of discovering defects in the Goods within the warranty period, the Buyer has the right to:
10.4.1. Demand a proportional reduction in price.
10.4.2. Request free repair of defects in the Goods within a reasonable time.
10.4.3. Claim compensation for expenses related to eliminating defects in the Goods.
10.5. During warranty repairs, the warranty period is extended by the time the Goods are under repair.

**11. PROCEDURE FOR HANDLING COMPLAINTS ABOUT GOODS**
11.1. In case of complaints regarding the purchased Goods, the Buyer has the right to contact the Seller by sending an email to the address provided on the Website.
11.2. The term for reviewing complaints is up to 10 (ten) working days from the receipt of the complaint.
11.3. For complaints regarding significant defects in the Goods which occurred due to the manufacturer's fault (Seller) or falsification of the Goods, the Buyer must attach an expert's conclusion.
11.4. After receipt of the Goods by the Buyer, complaints regarding the external appearance or completeness of the Goods are not accepted.

**12. TERM OF PUBLIC OFFER**
12.1. The term of this Public Offer is established from July 15, 2024, and is automatically extended each subsequent year.
12.2. Withdrawal of this Public Offer may be carried out by the Seller at any time, which does not constitute grounds for terminating already concluded Agreements.
12.3. The Seller has the right to unilaterally make changes to this Agreement with simultaneous posting on the Website. Changes made to this Agreement do not apply to Agreements concluded before such changes are posted on the Website.

**13. LIABILITY OF THE PARTIES**
13.1. The Parties are liable for non-performance or improper performance of the terms of this Agreement in accordance with this Agreement and current legislation of Ukraine.
13.2. In case of force majeure circumstances, the parties are exempt from fulfilling the terms of this Agreement. Force majeure refers to events of an extraordinary, unavoidable, and unpredictable nature that prevent or objectively hinder the fulfillment of this Agreement, which the Parties could not foresee or prevent with reasonable measures.
13.3. The Party invoking force majeure circumstances must promptly notify the other Party about the occurrence of such circumstances.

---

Shop


Contact Us

Illustration

© Created by

ARTLOVESELLS

Shop


Contact Us

Illustration

© Created by

ARTLOVESELLS