TERMS OF SERVICE
PUBLIC OFFER AGREEMENT
Under this Agreement, one party Seller on the one hand, and any person who accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter collectively referred to as the Parties, entered into this Public Offer Agreement (hereinafter - the Agreement) addressed to an unlimited number of persons, the seller’s official public offer to conclude a contract for the purchase of the Products with the Buyers, the photos of which are placed in the corresponding section of the Website https://upcraftsdesign.com/.
Sellers intending to sell the Products using the Website https://upcraftsdesign.com/ and Buyers when purchasing Products whose images are posted on the relevant pages https://upcraftsdesign.com/ , accept the terms of this Agreement as follows.
1. GENERAL PROVISIONS
1.1. Contractual relations between the Seller and the Buyer are made out in the form of a public offer contract. Clicking on the website page https://upcraftsdesign.com/ in the appropriate section of the “ORDER” button means that the Buyer, regardless of the status (individual, legal entity, individual entrepreneur), according to the current international and Ukrainian legislation, took to fulfill the terms of the Public Offer Agreement, which are listed below.
1.2. The public offer contract is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers, regardless of status (individual, legal entity, individual entrepreneur). With full agreement with this Agreement
The Buyer accepts the conditions and procedure for placing the order, payment and delivery of the goods by the Seller, responsibility for the unfair Order and for non-compliance with the terms of this Agreement.
1.3. This Agreement enters into force from the moment the “ORDER” button is clicked, by which the Buyer agrees to purchase the Goods from the Seller and is valid until the Buyer receives the Goods from the Seller and makes full settlement with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international agreement, the consent to which is obligatory provided by the Verkhovna Rada of Ukraine, establishes other rules than those established by Ukrainian legislation, then the rules of an international agreement apply.
2. TERMS AND DEFINITIONS
“Public Offer Agreement” is a public agreement, the sample of which is posted on the Website https://upcraftsdesign.com/ and the application of which is mandatory for all Sellers, containing the Seller’s offer to purchase the Goods, the image of which is posted on the Website https://upcraftsdesign.com/, directed to an indefinite circle of persons, including Buyers.
“Acceptance” - - the Buyer accepts the seller’s proposal to purchase the Goods, the image of which is posted on the Website https://upcraftsdesign.com/, by adding it to the virtual basket and sending the Order.
"Product" - an item of trade (product, model, accessory, accessories and related items, any other
items of trade), the acquisition of which is posted on the website offer of the seller.
“Buyer” - any legally capable physical, legal person, individual entrepreneur, in accordance with applicable international and Ukrainian legislation, who visited the Website and intend to purchase a particular Product.
“Seller” is any legally capable individual, legal entity, individual entrepreneur, in accordance with applicable international and Ukrainian legislation, who are the owners or distributors of the Goods and with the help of the Web site have the intention to sell it.
“Order” is the Buyer's request duly executed and posted on the Website for the purchase of goods addressed to the seller.
“Legislation” - the norms established by the Ukrainian or international legislation for regulating contractual legal relations under the Contract.
"A significant shortage of goods" - a defect that makes it impossible or unacceptable to use the goods in accordance with its intended purpose, has arisen through the fault of the manufacturer (seller), after its elimination is manifested again for reasons independent of the consumer.
3. SUBJECT OF CONTRACT
3.1. The Seller undertakes to sell the Goods on the basis of the Order placed by the Buyer on the relevant page of the Website https://upcraftsdesign.com/ on the terms and in the manner specified in this Agreement, and the Buyer undertakes to and in the manner determined by this Agreement, buy the goods and pay money for it.
3.2. The seller guarantees that the goods are not pledged, are not subject to dispute, are not under arrest, and there are no rights of third parties to it.
3.3. The Seller and the Buyer confirm that the Contract in force is not a fictitious or feigned transaction or transaction concluded under the influence of pressure or fraud.
3.4. The seller confirms that he has all the necessary permissions to conduct business, which regulate the sphere of legal relations arising and operating in the process of execution of this Agreement, and also guarantees that he has the right to manufacture and / or sell goods without any restrictions, in accordance with requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the rights of the Buyer in the process of execution of this Agreement and the implementation of the Goods.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller must:
comply with the terms of this Agreement
fulfill Buyer's orders in the event of payment from the Buyer;
transfer the Goods to the Buyer in accordance with the selected sample on the corresponding page of the Website https://upcraftsdesign.com/ , the issued order and the terms of this Agreement;
check the qualitative and quantitative characteristics of the goods during its packaging in the warehouse;
notify the buyer of the possible additional commission when paying European orders with Mastercard, Visa, Visa type cards Electron, Mastercard Electronic, Maestro by informing in this contract.
4.2. The seller has the right to:
unilaterally suspend the provision of services under this Agreement if the Buyer breaches the terms of this Agreement.
43016, Lutsk town, Novocherchytska street 1/18
Taxpayer Identification Number: 3090306438
Name of the bank: JSC CB “PRIVATBANK”, 1D
HRUSHEVSKOHO STR., KYIV, 01001,
BANK SWIFT CODE: PBANUA2X
Correspondent bank: JP MORGAN CHASE BANK, NEW YORK, USA
or Business entity from among the persons offering to purchase on the Website Goods according to the uniform agreed rules set forth in this public offer contract. *
5. RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. Buyer shall:
timely pay and receive an order under the terms of this Agreement;
read the information about the Product posted on the Website
when receiving the goods from the person who made the delivery, ensure the integrity and completeness of the goods by inspecting the contents of the package. In the event of damage or incomplete completion of the Goods - to fix them in the act, which together with the Buyer must sign the person who carried out its delivery to the Buyer.
5.2. The buyer has the right to:
place an order on the relevant page of the Website
require the seller to comply with the terms of this Agreement;
on informing about possible additional commission when paying for European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards.
6.1. The buyer places an order on the appropriate page of the Website by adding the Products to the virtual basket by clicking the “Add to Cart!” Button, or by ordering via e-mail, or using the phone number specified in the contacts section Website
6.2. The term of the formation of the Order is up to 7 working days from the date of its execution If the order is sent on a weekend or a public holiday, the formation period starts from the first working day after the weekend.
7. CONTRACT PRICE AND PAYMENT ORDER
7.1. The price of each individual Goods is determined by the Seller and is indicated on the corresponding page of the Website. The contract price is determined by adding the prices of all selected Products placed in a virtual basket and the price of delivery, which is determined depending on the method of delivery in accordance with the terms of section 8 of this Agreement.
7.2. Order value may vary depending on the price, quantity or product range.
7.3. The buyer can pay the order in the following ways:
1) by means of a bank transfer of money to the current account of the Seller indicated in the account, incl. via Internet banking (the Buyer pays the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) using the international electronic payment system PayPal
3) Credit card of the following type:
4) in any other way by agreement with the Seller.
Note. When the Buyer pays for the order with a payment card, an additional commission may be charged by the issuer of this card, in particular, if the Buyer pays for the order with a payment card, an additional commission may be charged if the Buyer pays for European orders with issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. Clicking on the website page in the appropriate section of the “ORDER” button means that the Seller notified the Buyer about the possibility of charging an additional commission when the Buyer pays for European orders, the issuer of the Visa, Mastercard, Visa Electron, Mastercard Electronic cards , Maestro.
8. TERMS OF DELIVERY
8.1 The Buyer receives the Goods through delivery, or receives it personally. The order of payment and receipt is indicated on the corresponding page of the Website https://upcraftsdesign.com/.
8.2. Upon delivery of the Goods to other cities of Ukraine or on the territory of another country performed by other Delivery Services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these carrier companies.
8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the carrier companies, the Buyer confirms with his own signature in the consignment note, the declaration of the carrier company, or in the expenditure invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier in the amount specified and paid for by the Buyer, in the complete set according to the specification of this Goods and in proper (working) condition and quality.
8.4. In the absence of the Buyer at the delivery address indicated by the Buyer in the application or the Buyer’s refusal to receive the Goods for unreasonable reasons, upon delivery by the Courier of the carrier company, the Goods are returned to the shipment mall. Payment for the services of the Carrier Company is deducted from the amount transferred by the Buyer for the Goods. The balance of the amount is returned to the Buyer on the basis of his letter sent to the e-mail: indicating the current account to which the money should be returned.
All questions arising in the process of payment and receipt of goods, the Buyer can find out the contact information in the Contact section.
9. TERMS OF RETURN OF THE GOODS
9.1. In accordance with Art. 9 of the Law of Ukraine "On Protection of Consumer Rights", the Buyer has the right to exchange Goods of good quality within fourteen days, not counting the day purchases if a longer period is not declared by the Seller. The buyer has the right to exchange the goods subject to the provisions of the law on the grounds and the list of goods that can not be exchanged (returned).
9.2. If the Buyer intends to return the Goods, such a return is carried out in accordance with the section of the Site “Return”, taking into account the rules and conditions of the carrier or courier operating in Ukraine or in another country in accordance with the place where the Goods were received.
9.3. In the case of at least one of these deficiencies, the Buyer is obliged to fix it in the drawn up act of arbitrary form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, the flaws should be fixed by means of photo or video. Within 1 (one) day, the Buyer is obliged to inform the manager (the representative of the Seller responsible for placing the order for the Goods) about the identified deficiencies and agree on the replacement of the Goods, filling in the claim form for returning the Goods at
9.4. The parties agreed that in case of non-compliance with the mandatory requirements of this procedure, it is recognized that the Buyer receives the Goods in proper condition - without any mechanical damage and in full.
10. RESPONSIBILITY OF THE PARTIES AND RESOLUTION OF DISPUTES
10.1. The Parties are responsible for the non-performance or improper performance of the terms of this Agreement in the manner provided for in this Agreement and applicable international and Ukrainian legislation.
10.2. In the event of a dispute arising from the performance by the Parties of this Agreement, with the exception of disputes recovery of debt from the Buyer, the Parties undertake to solve them through negotiations in compliance with the complaint procedure. The term for consideration of the claim is 7 (seven) calendar days from the date it was received. For disputes in connection with the collection of debts from the Buyer, compliance with the claim procedure is not required.
10.3. All disputes, disagreements or claims arising out of this Agreement or in connection with it, including those relating to its execution, violation, termination or invalidity, are subject to resolution in the relevant court in accordance with international and Ukrainian substantive and procedural law.
11. FORCE MAJEURE CIRCUMSTANCES
11.1. The Parties are not responsible for failure to fulfill any of their obligations, except for payment obligations, if they prove that such non-fulfillment was caused by force majeure circumstances, that is, events or circumstances that are beyond the control of such party that occurred after the conclusion of this Agreement, unpredictable and inevitable.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), insurrection, destruction of goods, carrier delays caused by accidents or adverse weather conditions, hazards and accidents at sea, embargoes, disasters, restrictions imposed by public authorities (including distributions, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of of this Agreement.
11.2. The Party for which it became impossible to fulfill obligations under this Agreement due to the occurrence of force majeure, must immediately inform the other Party in writing of the occurrence of the above circumstances, and within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. This confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure circumstances.
11.3. The time required for the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was postponed due to the listed circumstances.
11.4. If due to the circumstances of force majeure non-fulfillment of obligations under this Agreement lasts more than three months, each Party shall have the right to terminate this Agreement unilaterally by notifying the other party in writing.
Despite the occurrence of force majeure, before the termination of this Agreement due to force majeure circumstances, the Parties shall make final mutual settlements.
12. OTHER CONDITIONS OF THE AGREEMENT
12.1. Information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the seller about the order of the Goods, sending advertising messages, etc.).
12.2. By own acceptance of the Agreement or by registering on the Website (filling in the registration form) the Buyer voluntarily agrees to the collection and processing personal data with the following purpose: the data that becomes known will be used for commercial purposes, including processing orders for the purchase of goods, receiving information about an order, sending out telecommunication means of communication (e-mail, mobile communication) advertising and special offers, information about promotions, draws or any other information about the activities of the Website
For the purposes specified in this paragraph, the Buyer has the right to send letters, messages and materials to the postal address, e-mail address of the Buyer, as well as send sms-messages, make calls to the phone number indicated in the questionnaire.
12.3. The buyer grants the right to process his personal data, including: put personal data in databases (without additional notification about it), carry out lifelong storage of data, their accumulation, update, change (as necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for transferring data to related persons, commercial partners, persons authorized by the Seller to carry out direct data processing for specified purposes, as well as to the mandatory request of a competent government body).
12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement refusing to receive promotional materials, sending it to a postal or email address.
12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified when ordering.