"PUBLIC AGREEMENT (OFFER)
for the purchase and sale of goods"
This Agreement is an official and public offer of the Seller to enter into an agreement of sale of the Goods presented on the website www.katemade.art . This Agreement is public, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and conditions of ordering, payment for goods, delivery of goods, return of goods, liability for unscrupulous order and all other terms of the Agreement. The Agreement is considered to be concluded from the moment of clicking the "Confirm Order" button on the ordering page in the "Cart" section and receiving by the Buyer from the Seller confirmation of the order in electronic form.
"1. DEFINITION OF TERMS
1.1. Public offer (hereinafter - the "Offer") - a public offer of the Seller, addressed to an indefinite number of persons, to enter into an agreement of sale of the Goods with the Seller remotely (hereinafter - the "Agreement") on the terms contained in this Offer. In full agreement with the Agreement, the Buyer accepts the terms and procedure for placing an order, payment and sending the Goods by the Seller, liability for unfair Order and for failure to comply with the terms of the Agreement."
"1.2. The Goods are the object of the agreement of the parties in the form of Digital files, which were selected by the Buyer on the website of the Online Store and placed in the cart or already purchased by the Buyer from the Seller remotely.
1.3. Digital files - files with images (templates) in PDF format.
1.4. Online Store - the Seller's website at www.katemade.art created for the conclusion of sales agreements on the basis of acquaintance of the Buyer with the description of the Goods offered by the Seller via the Internet.
1.5. Buyer – a legally capable person who has reached 18 years of age, receives information from the Seller, places an order to purchase goods presented on the website of the Online Store for purposes not related to business activities, or a legal entity or an individual entrepreneur.
1.6. The Seller is an individual-entrepreneur Petrovska Oleksandra Petrivna, ITN 3393901426, acting on the basis of an extract from the Unified state register (USR), the number of the entry in the USR on state registration: 21740000000066011 from 12.06.2019.
1.7. All other terms, which are not separately defined in the Agreement, are perceived and interpreted in their literal grammatical meaning, based on the provisions of current legislation of Ukraine, customs of business, as well as the purpose and subject of the 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 the Agreement.
2.2. The date of concluding the Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date of filling in the Buyer's order form located on the Online Store website, provided the Buyer receives confirmation of the order in electronic form.
3.1. The Buyer independently places an order in the Online Store through card form "Cart"."
3.2. The Seller has the right to refuse to send the Goods to the Buyer in the absence of payment or incomplete payment.
"3.3. When placing an order on the website of the Online Store, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. surname and name of the Buyer;
3.3.2. the e-mail address to which the Goods should be sent."
"3.4. The name, quantity and price of the Goods selected by the Buyer are indicated in the Buyer's cart on the website of the Online Store.
3.5. The Buyer's acceptance of the terms of this Offer is made by the Buyer entering the relevant data when placing an order on the website of the Online Store.
3.6. The Buyer is responsible for the accuracy of the information provided when placing an order.
3.7. By concluding the Agreement, i.e. accepting the terms of this offer (proposed terms of purchase of the Goods) by placing an Order, the Buyer confirms the following:
a) The Buyer is fully and completely acquainted with and agrees to the terms of this proposal (offer);
b) he gives permission for the collection, processing and transfer of personal data, permission for the processing of personal data is valid during the term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that he is notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", the purposes of data collection, as well as that his personal data is transferred to the Seller Agreement, as well as for the possibility of mutual settlements. The Buyer also agrees that the Seller has the right to provide access and transfer of his personal data to third parties without any additional notice to the Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.
"4. Price and payment procedure for the Goods
4.1. Prices for the Goods are determined by the Seller independently and are indicated on the website of the Online Store.
Payments under the Agreement are made in the national currency of Ukraine (hryvnia) or, if the Customer is a non-resident of Ukraine within the meaning of Ukrainian legislation, in foreign currency (equivalent in US dollars), by the cashless money transferring funds of the Buyer to the current account of the Seller.
The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual cart on the website of the Online Store."
4.2 Prices for the Goods may be changed by the Seller unilaterally depending on market conditions. In this case, the price of a single unit of the Goods, the value of which is paid by the Buyer in full, may not be changed by the Seller unilaterally.
4.3. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are transferred to the Seller's bank account.
4.4. Payments between the Seller and the Buyer for the Goods are made on 100 per cent prepayment by transferring funds to the bank account of the Seller in the ways specified on the website of the Online Store, using the following payment systems (services): Apple Pay, Google Pay, Visa, MasterCard, PayPal, Fondy and Western Bid.
4.5. The right of ownership and the risk of accidental loss or damage to the Goods passes to the Buyer from the moment of receipt of the Goods by the Buyer to the e-mail address specified when placing the order.
"5. Rights and obligations of the Parties
5.1. The seller is obliged:"
"5.1.1. Transfer the goods to the Buyer in accordance with the terms of the Agreement and the Buyer's order.
5.1.2. Do not disclose any private information about the Buyer and do not provide access to this information to third parties, except as provided by law and during the execution of the Buyer's order.
5.2. The Seller has the right to change the terms of the Agreement, as well as prices for Goods and Services, unilaterally, placing them on the website of the Online Store. All changes take effect from the moment of their publication.
5.3. The Buyer undertakes:
5.3.1. Before concluding the Agreement to get acquainted with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.
5.3.2. Inform all the necessary data that uniquely identifies him as the Buyer, and sufficient for delivery to the Buyer of the ordered Goods.
6.1. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information."
6.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of the Agreement.
6.4. The Seller or the Buyer shall be released from liability for full or partial non-performance of their obligations if the non-performance is the result of force majeure (war or hostilities, earthquake, flood, fire and other natural disasters and events that occurred regardless of the Seller’s and/or the Buyer’s will after the conclusion of the Agreement. The Party that is unable to fulfill its obligations shall immediately notify the other Party.
6.5. The Parties shall be liable for non-performance or improper performance of obligations under the Agreement in accordance with the terms of the Agreement and the current legislation of Ukraine.
6.6. The Seller does not store information about the bank details of the Buyer, and therefore the Seller is not responsible for their dissemination.
"7. Confidentiality and protection of personal data
7.1. Any information contained in this Agreement and received by the Parties in the course of its implementation is confidential and shall not be disclosed to third parties without the written consent of the other Party, except in cases that do not require the written consent of the other Party, viz.: in the event that such disclosure is made in pursuance of this Agreement or provided by the legislation of Ukraine."
7.2. By providing his personal data on the website of the Online Store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as other actions under the Law of Ukraine "On Personal Data Protection", without limiting the validity of such consent.
7.3. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation to provide information by the Seller to contractors and third parties acting on the basis of an agreement with the Seller, including fulfilling obligations to the Buyer, as well as in cases where disclosure of such information is required by current legislation of Ukraine.
7.4. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or non-performance of its obligations due to the irrelevance of information about the Buyer or inconsistency with its validity.
"8. Other conditions
8.1. The Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine."
8.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and/or the Seller have the right to apply to the courts for resolution of the dispute in accordance with the current legislation of Ukraine.
8.3. The Seller has the right to amend this Agreement unilaterally in accordance with paragraph 5.2 of the Agreement. In addition, amendments to the Agreement may be made by mutual consent of the Parties in the manner prescribed by the current legislation of Ukraine.
Petrovska Alexandra Petrivna
"PUBLIC AGREEMENT (OFFER)