PUBLIC CONTRACT (OFFER)
for the order, purchase, sale and delivery of goods

This public agreement (offer) for ordering, purchasing, selling and delivery defines the terms and procedure for ordering, purchasing and delivering the Goods through the website https://wau.art/ (hereinafter referred to as the “Website” and/or the “Online Store”), between Svitlana Valeriivna Bilyk, an individual entrepreneur, registered in the Unified State Register of Legal Entities and Individual Entrepreneurs on 18.09.2017, entry No. 2 334 000 0000 007769 and the owner of the Website, hereinafter referred to as the “Seller” and the user of the services, hereinafter referred to as the “Buyer and/or the Customer”.

The Buyer and/or the Customer, acting for the purpose of purchasing the Goods, accepts the following terms of this Agreement:

1. DEFINITION OF TERMS

1.1. Public offer (hereinafter referred to as the “Offer”) is a public offer of the Seller addressed to an indefinite number of persons to conclude a contract for the sale of goods remotely with the Seller (hereinafter referred to as the “Agreement”) on the terms and conditions contained in this Offer, including all Annexes.

1.2. Order – the Customer’s decision to order, purchase goods with the possibility of their delivery, issued in the online store on the Website and / or an order for the purchase and delivery of goods.

2. GENERAL PROVISIONS

2.1. The following information is an official offer of the Online Store to any individual (hereinafter referred to as the Buyer) to conclude a contract for the sale of goods. The said agreement is public, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers.

2.2. In accordance with Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this offer (offer), which confirms the conclusion of the Agreement for the sale of goods on the terms and conditions proposed below, is the fact of placing and confirming the order.

2.3 By placing an Order, the Buyer confirms the agreement and unconditional acceptance of the terms of this offer (offer)/Agreement.

2.4. By entering into the Agreement (i.e. accepting the terms of this Offer (Offer Opportunities) by placing an Order), the Buyer confirms the following:

he/she is fully and completely familiarized with and agrees to the terms of this offer/Agreement;
he/she authorizes the collection, processing and transfer of personal data under the conditions specified below in the Clause on the collection, processing and transfer of personal data the permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into the Agreement, the Customer confirms that he/she has been notified (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, of the purposes of data collection, and that his/her personal data is transferred to the Seller in order to fulfill the terms of this Agreement, to make mutual settlements, and to receive invoices, acts and other documents. The Customer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications to the Customer, without changing the purpose of personal data processing. The scope of the Customer’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.

3. PRODUCT PRICE

3.1 The price for each item of the Goods is indicated on the website of the online store excluding the cost of delivery and any customs payments (fees/taxes) that may arise during the transportation of goods through the customs territory.

3.2. The Seller has the right to unilaterally change the price for any item of the Goods.

3.3. In the event of a change in the price of the ordered Goods, the Seller undertakes to inform the Buyer of the change in the price of the Goods.

3.4. The Buyer has the right to confirm or cancel the Order for the purchase of the Goods if the price is changed by the Seller after placing the Order.

3.5. The Seller shall not change the price of the Goods paid by the Buyer.

3.6. The Seller shall indicate the cost of delivery of the Goods on the website of the Online Store or notify the Buyer when placing an order by the Operator.

3.7. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the Seller receives the funds.

3.8. Settlements between the Seller and the Buyer for the Goods shall be made in the manner specified on the website of the Online Store in the section “Delivery and Payment”.

4. PLACING AN ORDER

4.1 The Goods are ordered by the Buyer through the Operator in one of the following ways:

by phone +380 99 438 75 95 or
by e-mail [email protected] or
through the service of the online store website.

4.2. When registering on the website of the Online Store, the Buyer undertakes to provide the following registration information:

4.2.1. Surname and name of the Buyer or the person (recipient) indicated by him/her;

4.2.2. The address to which the Goods should be delivered (if delivered to the Buyer’s address);

4.2.3 Email address (optional);

4.2.4. contact phone number.

4.3. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer’s basket on the website of the Online Store.

4.4. If the Seller needs additional information, he has the right to request it from the Buyer. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.

4.5. When placing an Order through the Operator (clause 4.1. of this Offer), the Buyer undertakes to provide the information specified in clause 4.2. of this Offer.

4.6. The Buyer’s acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data in the registration form on the website of the online store or when placing an Order through the Operator. After placing an Order through the Operator, the Buyer’s data is registered in the Seller’s database.

4.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.

4.8. The contract of sale by distance between the Seller and the Buyer shall be deemed concluded from the moment of electronic ordering on the service of the website of the online store or issuance by the Seller to the Buyer of a cash or sales receipt or other document confirming payment for the Goods.

5. DELIVERY AND TRANSFER OF GOODS TO THE BUYER

5.1. The methods, procedure and terms of delivery of goods are indicated on the website in the section “Delivery and Payment”. The Buyer agrees on the procedure and terms of delivery of the ordered goods with the operator of the online store at the time of purchase.

5.2. Pickup of goods:

5.2.1. After forming the application, the buyer can pay and receive his goods at the Seller’s warehouse at the address: 20 Budivelnaya St., Belogorodka village, on working days from 10.00 to 16.00

5.3. Delivery of goods by courier service:

5.3.1. Delivery of the goods to the place specified by the Buyer is carried out at the expense of the Buyer with the involvement of third parties (carriers, courier services), in the manner agreed with the Seller. The Buyer chooses the courier service for delivery of the goods.

5.3.2. Upon receipt of the goods, the Customer shall, in the presence of a courier representative, check the compliance of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness).

5.4. Upon acceptance of the goods, the Customer or the Customer’s Representative shall confirm with his/her signature in the sales receipt and/or delivery order that he/she has no claims to the quantity of goods, appearance and completeness of the goods.

5.5. The ownership and risk of accidental loss or damage to the goods shall be transferred to the Customer or its Representative:

5.5.1 in case of receipt of the goods at the Seller’s warehouse – from the moment of receipt of the goods and signing by the Parties of the sales receipt and/or order (and/or order for the purchase and delivery of goods) for delivery;

5.5.2. in case of delivery of the goods by courier service – from the moment of receipt of the goods by the courier service chosen by the Buyer for delivery of the goods.

According to the rules of the online store, all purchased goods are subject to insurance upon shipment. The buyer has the right not to insure the goods, assuming responsibility for all possible risks of damage or loss of the goods.

6. RETURN OF GOODS

6.1. The Customer shall have the right to withdraw from the goods at any time before their transfer, and after the transfer of the goods – in the manner and under the conditions determined by the Law of Ukraine “On Protection of Consumer Rights”.

6.2. The return of goods of good quality is possible if its presentation, consumer properties, as well as a document confirming the fact of purchase and the terms of the order of the specified goods are preserved.

6.3. The Customer shall not be entitled to refuse goods of good quality that have individually determined properties, if the said goods can be used exclusively by the Consumer who purchased them (including non-standard sizes, at the request of the Customer, etc.) Confirmation that the product has individually defined properties is the difference in the size of the product and other characteristics specified in the online store.

6.4. The return of the goods, in cases provided for by law and this Agreement, shall be made to the address specified in clause 5.2.1. of this Agreement.

6.5. If the Customer rejects the Goods of good quality, the Seller shall refund the funds in the amount of the cost of such Goods, except for the cost of delivery of the Goods.

6.6. The amount specified in clause 6.5. is refunded within 7 working days after receipt of the goods.

7. RESPONSIBILITY OF THE PARTIES

7.1. The Seller shall not be liable for any damage caused to the Buyer as a result of improper use of the Goods pre-ordered in the Online Store and purchased from the Seller.

7.2. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in case the Buyer provides false or erroneous information.

7.3. The Seller and the Buyer shall be responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

DISPUTE RESOLUTION

8.1. All disputes arising out of or related to this Agreement shall be resolved through negotiations between the Parties.

8.2. All disputes, controversies, disagreements or claims arising out of or in connection with this Agreement, in particular with respect to its interpretation, performance, breach, termination or invalidity, shall be resolved in the appropriate court of Ukraine. The substantive law of Ukraine shall govern this Agreement.

9. FORCE MAJOR

9.1. The Parties shall be released from liability for full or partial failure to fulfill their obligations under the Agreement if such failure was the result of force majeure circumstances that arose after the conclusion of the Agreement and which the Parties could neither foresee nor prevent by reasonable measures.

9.2. The Parties agree to consider the following as force majeure: floods, earthquakes, fires, other natural disasters, acts of terrorism, strikes that meet the requirements of the law, acts of central and local government authorities beyond the reasonable control of the Parties (hereinafter referred to as “Force Majeure”).

9.3. In case of circumstances specified in clause 9.2. of the Agreement, the Party affected by them shall immediately notify the other Party of such circumstances by any available means as soon as possible by sending a written Notice of Force Majeure (hereinafter referred to as the “Force Majeure Notice”).

The notice of Force Majeure shall contain comprehensive information on the nature of the force majeure circumstances, the time of their occurrence and an assessment of their impact on the ability of the Party to fulfill its obligations under the Agreement and on the procedure for fulfilling the obligations under the Agreement, if applicable.

When the circumstances specified in clause 9.2. of the Agreement ceases, the Party affected by them shall immediately, but in any case within 24 (twenty-four) hours from the moment when the Party learned or should have learned of the termination of the said circumstances, notify the other Party in writing of their termination. Such Notice shall contain information on the time of termination of such circumstances and an indication of the period within which the Party shall fulfill its obligations under the Agreement.

9.4. The existence and duration of force majeure circumstances must be duly confirmed by a certificate, certificate, etc. issued by the Ukrainian Chamber of Commerce and Industry or a regional Chamber of Commerce and Industry or other authorized state body.

9.5. If the Party affected by force majeure fails to send or untimely sends a Force Majeure Notice as defined in clause 9.4. of the Agreement, such Party shall lose the right to refer to force majeure circumstances as a ground for exemption from liability for full or partial failure to fulfill its obligations under the Agreement.

9.6. In the event of the circumstances specified in clause 9.2. of the Agreement, the term for fulfillment of the Parties’ obligations under the Agreement shall be extended accordingly for the time during which such circumstances are in force.

9.7. In cases where the circumstances specified in clause 9.2. of the Agreement last for more than 3 (three) months, either Party shall have the right to terminate the Agreement unilaterally.

ADDRESS AND DETAILS

Seller.

Individual entrepreneur Bilyk Svitlana Valeriivna
Place of registration of the individual entrepreneur: 07301, Kyiv region, Vyshgorod district, Vyshgorod, Shevchenko T. ave. 2G, apartment 279
Registration number of the taxpayer’s account card 3124301043

Bank details:
account number UA763052990000026002030110381 in PJSC “Privatbank”, Kyiv
MFI 305299
EDRPOU (tax number) 3124301043
Address of the online store warehouse: 20 Budivelna St., Bilohorodka village

Contact phone number + 380 99 438 75 95
E-mail: [email protected]