PUBLIC OFFER AGREEMENT
This Agreement is the official and public offer of the Seller to conclude a contract of sale of Goods by distance means, as presented on the website https://www.cuppie-ceramics.com/
The Agreement is considered concluded from the moment the “Place Order and Pay” button is clicked on the checkout page in the “Cart” section, and the Buyer’s receipt from the Seller of order confirmation in electronic form constitutes full and unconditional acceptance of this public agreement and the information set out on the website.
The Agreement defines the procedure by which the Seller conducts the sale of goods through the Online Store in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine (hereinafter the “CCU”), the Rules for the Sale of Goods on Order and Outside Trade or Office Premises approved by Order of the Ministry of Economy of Ukraine No. 103 of 19.04.2007, and constitutes a public offer of the Seller addressed to an indefinite range of persons, regardless of their status, both individuals and legal entities (hereinafter the “Buyer”), without giving preference to one Buyer over another.
The Seller and the Buyer warrant that they possess the necessary legal capacity and capacity to act, as well as all rights and powers necessary and sufficient to conclude and perform the Agreement.
1. Definitions of Terms
1.1. Public offer (hereinafter the “Offer”) — the Seller’s public proposal, addressed to an indefinite range of persons, to conclude with the Seller a contract of sale of goods by distance means (hereinafter the “Agreement”) on the terms contained in this Offer.
1.2. Goods — the object of the Parties’ agreement, which was selected by the buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller by distance means.
1.3. Online Store — the Seller’s website at https://www.cuppie-ceramics.com/ created for concluding retail and wholesale sale agreements based on the Buyer’s review of the description of the Goods offered by the Seller via the internet.
1.4. Buyer — a legally capable individual who has reached the age of 18, receives information from the Seller, and places an order to purchase the Goods presented on the Online Store website for purposes not related to business activity, or a legal entity or individual entrepreneur.
1.5. Seller — INDIVIDUAL ENTREPRENEUR Mykhailo Stanislavovych Volodarskyi, Tax ID: 3414115296, registered and operating in accordance with the current legislation of Ukraine, located at: Ukraine, 49044, city of Dnipro, 10 Baumana St., apt. 8.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer to the Buyer’s ownership the selected (ordered) Goods, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement. 2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of the Buyer’s full and unconditional acceptance of the terms of the Agreement is the date on which the Buyer fills out the order form and clicks the “Place Order and Pay” button on the checkout page in the “Cart” section, and the Buyer receives order confirmation from the Seller in electronic form.
3. Order Placement Procedure
3.1. The Buyer’s Order may be placed by filling out the electronic Order form on the Online Store website.
3.2. The Buyer has the right to place an Order for any Goods presented on the Online Store website that are in stock.
3.3. If the Goods are unavailable, the Buyer has the right to replace them with similar Goods, or to decline the Goods and cancel the order.
3.4. When placing an order via the electronic form on the Online Store website, the Buyer thereby confirms that they are familiar with the terms of this offer and undertakes to provide the Seller with all information necessary for the proper placement and fulfillment of the Order.
3.5. When placing an Order via the electronic form on the Online Store website, the Buyer undertakes to provide the following registration information about themselves:
3.5.1. Last name, first name, patronymic;
3.5.2. Contact phone number;
3.5.3. Email address;
3.5.4. Actual delivery address;
3.5.5. Name, quantity, and price of the Goods selected by the Buyer (indicated in the Buyer’s Cart on the Online Store website). And other information specified in the registration form on the website.
3.6. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the Order.
3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.8. The distance sale agreement between the Seller and the Buyer is considered concluded from the moment the “Place Order and Pay” button is clicked in the Seller’s Online Store at https://www.cuppie-ceramics.com/ on the checkout page in the “Cart” section, and the Buyer receives order confirmation from the Seller in electronic form, or the Seller issues the Buyer an electronic receipt or other document confirming payment for the goods.
4. Price of the Goods
4.1. Prices in the online store are indicated in the national currency of Ukraine (hryvnia) per unit of goods in accordance with the current price list.
4.2. The Seller reserves the right to change the price of the goods prior to order placement without notifying the Buyer. The price of ordered goods confirmed by the seller is not subject to change.
4.3. The price of the goods does not include the cost of delivery. Delivery is paid by the buyer separately in accordance with the delivery operator’s rates.
4.4. Refunds are permitted in cases of erroneous or duplicate payment, as well as in the event of order cancellation before its production or shipment has begun. Once production or shipment of the order has begun, funds are not refunded.
4.5. Refunds are made by the same method used for payment. Funds are credited to the client’s account within up to 10 banking days.
5. Payment for the Goods
5.1. The Buyer may pay for the Goods in the following ways:
5.1.1. Payment by any Visa or Mastercard card;
5.1.2. Payment by cash on delivery in full upon receipt of the Goods via courier delivery.
5.2. Payment for the Goods and services of the Online Store https://www.cuppie-ceramics.com/ is made in the national currency of Ukraine in accordance with the prices and rates in effect at the time of purchase of the Goods.
5.3. Prices for the Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices for the Goods and services on the website are indicated in hryvnias, inclusive of VAT.
5.4. Prices for the Goods and services may be changed by the Seller unilaterally depending on market conditions. In this case, the price of an individual unit of Goods, the cost of which has been paid in full by the Buyer, may not be changed by the Seller unilaterally. In the event of a change in the price of an ordered item of Goods prior to payment of the Order, the Seller is obliged to notify the Buyer of such changes as soon as possible. The Buyer has the right to confirm or cancel the Order. In the absence of contact with the Buyer, the Order is considered cancelled within 24 hours from the moment the price of the Goods changed.
5.5. The cost of the Goods indicated on the Online Store website does not include the cost of delivering the Goods to the Buyer. The Buyer pays the cost of delivering the Goods in accordance with the current rates of the delivery services (carriers) directly to the delivery service (carrier) chosen by them.
5.6. The Seller may indicate the approximate cost of delivering the Goods to the Buyer’s address when the Buyer submits a corresponding request to the Seller by sending an email or when placing an order through the Online Store operator.
5.7. Settlements between the Seller and the Buyer for the Goods may be made in non-cash form:
5.7.1. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the funds are received in the Seller’s current account.
5.8. By cash on delivery upon receipt of the ordered Goods at the branch (representative office) of the delivery service (carrier, postal service, postal company, transport company) at the place of receipt of the ordered Goods or at an address agreed with the Buyer, in accordance with the terms and rates of such cash on delivery determined by the relevant delivery service (carrier, postal service, postal company, transport company). All fees incurred in making the relevant cash-on-delivery payment are paid by the Buyer to the relevant institution processing such payment.
5.9. By any other method available in the Online Store or provided for by the Store. In any case, all fees and interest incurred in paying for the Goods are borne by the Buyer.
5.10. In the event of non-payment, incomplete, or late payment, the Online Store reserves the right to withhold the Goods, suspend, or completely fail to perform its obligations, and in doing so bears no responsibility for the possible consequences of such a decision/actions, unless otherwise agreed between the Parties.
6. Delivery of the Goods
6.1. The Buyer agrees the procedure and terms of delivery of the ordered goods with the Online Store operator at the time of purchase or by reviewing the relevant information on the online store website.
6.2. Courier delivery of the order to the Buyer is carried out by agreement with the Buyer and to the address specified by them.
6.3. Upon receipt of the goods, the Buyer must, in the presence of the delivery service (carrier) representative, check that the Goods conform to their qualitative and quantitative characteristics (name of goods, quantity, completeness, shelf life).
6.4. The Buyer or their representative, upon accepting the Goods, confirms by their signature on the sales receipt/order/or transport waybill for the delivery of goods that they have no claims regarding the quantity, appearance, and completeness of the goods.
6.5. Ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or their Representative from the moment the Buyer receives the Goods at the place of delivery when the Seller delivers the Goods themselves, or when the Seller transfers the goods to the delivery service (carrier) chosen by the Buyer.
7. Rights and Obligations of the Parties
7.1. The Seller undertakes:
7.1.1. Not to disclose any private information of the Buyer and not to provide access to this information to third parties, except in cases provided for by the current legislation of Ukraine.
7.1.2. The Seller reserves the right not to fulfill an order in the event of non-payment for the Goods and/or the occurrence of force majeure circumstances.
7.1.3. The Seller reserves the right to change the terms of this Agreement, as well as the prices for Goods and services, unilaterally, by posting them on the Online Store website. All changes take effect from the moment of their publication.
7.2. The Seller is not responsible for the improper use by the Buyer of Goods ordered in the Online Store.
7.3. The Seller has the right to transfer its rights and obligations for fulfilling orders to third parties.
7.4. The Buyer undertakes: prior to contacting and placing an order in the online store, to review the content of the offer agreement and the terms of payment and delivery.
7.5. Ownership of the order, as well as the risk of its accidental damage or loss, passes to the Buyer from the moment the Goods are transferred by the Buyer at the place of delivery when the Seller delivers the Goods themselves, or when the Seller transfers the goods to the delivery service (carrier) chosen by the Buyer.
7.6. The Buyer has the right to return or exchange the Goods in accordance with the provisions of the Law of Ukraine “On the Protection of Consumer Rights.”
8. Force Majeure
8.1. The Parties are released from liability for non-performance or improper performance of obligations under the terms of the agreement for the duration of force majeure. Force majeure is understood to mean extraordinary and unavoidable circumstances under the given conditions that prevent the parties from performing their obligations under this Agreement. These include natural phenomena (earthquakes, floods, etc.), circumstances of social life (military actions, martial law, states of emergency, large-scale strikes, epidemics, etc.), prohibitive measures of state authorities (transport bans, currency restrictions, international sanctions, trade bans, and others). During this time, the parties have no mutual claims, and each party assumes its own risk for the consequences of the force majeure circumstances.
9. Information Processing
9.1. The terms of the collection, processing, and use of personal data are set out in the Privacy and Personal Data Protection Policy.
9.2. The Seller undertakes not to disclose information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is required by the current legislation of Ukraine.
9.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor performance or non-performance of its obligations due to outdated information about the Buyer or its inconsistency with reality.
9.4. The Seller undertakes: to maintain the confidentiality of Buyers’ personal data; to prevent attempts at unauthorized use of Buyers’ personal data by third parties; to exclude access to Buyers’ personal data by persons who are not directly involved in fulfilling the request, except in cases provided for by the current legislation of Ukraine.
10. Sale of the Goods
10.1. The Seller does not guarantee unconditional fulfillment of an order. Each item is made by hand and is unique. Due to the nature of handmade work, slight differences in shade, shape, or details compared to the images on the website are possible. Such differences are not a defect of the product. The technical systems involved (the web page and the site itself: https://www.cuppie-ceramics.com/) may contain undetected technical errors resulting in the impossibility of fulfilling the Order, purchasing the goods, or their untimely fulfillment. In addition, the impossibility of fulfilling the Order or its untimely fulfillment may be caused by circumstances due to human factors or force majeure circumstances.
10.2. In the event of the impossibility or untimely fulfillment of the obligations assumed due to the circumstances set out in clause 10.1 (excluding “force majeure”), the Seller is liable within the limits of the sums received from the Buyer as payment for the Goods.
10.3. The Seller does not bear and under no circumstances can bear any material liability exceeding the sums received from the Buyer as payment for the Goods.
10.4. The Seller reserves the right to refuse to sell the goods to the Buyer if it is unable to provide the relevant Goods.
11. Other Terms
11.1. This Agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
11.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. If the disputed issue cannot be resolved through negotiations, the Buyer and/or the Seller has the right to refer the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
11.3. The Seller has the right to make changes to this Agreement unilaterally, as provided for in clause 7.1.3 of the Agreement. In addition, changes to the Agreement may also be made by mutual consent of the Parties in the manner provided for by the current legislation of Ukraine.
SELLER’S ADDRESS AND DETAILS: Individual Entrepreneur Mykhailo Stanislavovych Volodarskyi Tax number: 3414115296 Address: Ukraine, 49044, city of Dnipro, 10 Baumana St., apt. 8 IBAN: UA413052990000026002050545419 JSC “PrivatBank”