Public offer agreement

Public Offer Agreement

General Provisions

1.1. The real offer is the official offer of the FD-P Kryvulyanska Svitlana Mykhailivna, hereinafter referred to as the "Seller", to enter into an Agreement for the purchase and sale of goods remotely, i.e. through the Internet store, hereinafter referred to as the "Agreement", and places the Public Offer (offer ) on the official website of the Seller "https://mfest.com.ua (hereinafter - "Internet site").

1.2. The moment of complete and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic contract for the sale of goods is considered the fact of payment by the Buyer of the order under the terms of this Agreement, within the time and at the prices specified on the Seller's Internet site.

Concepts and definitions

2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:

* "Product" - models, accessories, components and accompanying items without a printed image;

* "Product with printing service" - the product selected by the buyer with an order to print on this product;

* "Internet store" - in accordance with the Law of Ukraine "on electronic commerce", a means for presenting or selling a product, work or service by means of an electronic agreement.

* "Seller" is a company that sells goods presented on the Internet site.

* "Buyer" is a natural person who entered into an Agreement with the Seller on the terms set forth below.

* "Order" - the selection of individual items from the list of goods and services specified by the Buyer when placing the order and making payment.

Subject of the contract

3.1. The Seller undertakes to hand over the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

This Agreement regulates the purchase and sale of goods in the online store or services, including:

- voluntary choice by the Buyer of goods/services in the online store;

- self-registration of the order by the Buyer in the online store;

- payment by the Buyer of the order made in the online store;

- processing and delivery of the order to the Buyer under the terms of this Agreement.

Order placement procedure

4.1. The buyer has the right to place an order for any product/service presented on the Online Store Site and available.

4.2. Each item can be represented in the order in any quantity.

4.3. If the product is not in stock, the Company Manager is obliged to notify the Buyer (by phone or e-mail).

4.4. If the product is not available, the Buyer has the right to replace it with a product of a similar model, refuse this product, cancel the order.

Services

5.1. The site mfest.com.ua undertakes from the moment of receipt of the order and agreement with the Buyer to provide the Buyer with services for processing and fulfilling his order, namely:

  • - production of Products by applying Images provided by a person directly to the Goods or their packaging, labels, patches, tags, as well as to any other items that may contain such Goods and/or items attached to the Goods, and /or inclusion of Images in the Goods in another way;
5.2. In the relationship between the site mfest.com.ua and the Buyer, they confirm that they are not responsible for each other and are not responsible for each other's obligations.

5.3. All products with a printing service from the mfest.com.ua website are manufactured according to the Client's individual order. The exchange and return of goods with the printing service, made to order, is described in Article No. 13, Part 5, Clause 3 of the Law "On the Protection of Consumer Rights". Namely "3) the contract relates to the manufacture or processing of goods to the order of the consumer, i.e. if the goods cannot be transferred to other persons or can be sold only with significant financial losses for the seller;".

Order delivery terms

6.1. Delivery of goods and/or goods with a service purchased in the online store is carried out to the warehouses of transport companies, where orders are issued.

6.2. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.

Rights and obligations of the parties:

7.1. The seller has the right to:

- to unilaterally terminate the provision of services under this contract in case the Buyer violates the terms of this contract.

7.2. The buyer is obliged to:

- to pay and receive the order in a timely manner under the terms of this contract.

7.3. The buyer has the right to:

- place an order in the online store;

- draw up an electronic contract;

- to require the Seller to fulfill the terms of this Agreement.

Responsibility of the parties

8.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this contract in the manner provided for by this contract and the current legislation of Ukraine.

8.2. The seller is not responsible for:

- the appearance of the Product changed by the manufacturer;

- for the inconsistency of the color scheme we of the product, which may differ from the original product solely due to the different color transmission of the personal computer monitors of individual models;

- for the content and truthfulness of the information provided by the Buyer when placing the order;

- for delays and interruptions in the provision of Services (order processing and delivery of goods) that occur for reasons beyond his control;

- for unlawful illegal actions carried out by the Buyer using this access to the Internet;

- for the transfer by the Buyer of his network identifiers - IP, MAC addresses, login and password to third parties;

8.3. The buyer, using the access to the Internet provided to him, is independently responsible for the damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles of morality.

8.4. In the event of force majeure, the parties are released from fulfilling the terms of this contract. Circumstances of force majeure for the purposes of this agreement mean events of an extraordinary, unforeseen nature that exclude or objectively interfere with the performance of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.

8.5. The parties shall make every effort to resolve any disagreements exclusively through negotiations.

Other conditions

9.1. The online store reserves the right to unilaterally make changes to this contract, provided it is previously published on the website https://mfest.com.ua

9.2. The online store was created to organize a remote method of selling goods via the Internet.

9.3. The buyer is responsible for the accuracy of the information specified when ordering information. At the same time, when making an acceptance (placing an order and subsequent payment for the goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage, and use of his personal data, in the sense of the Law "On the Protection of Personal Data".

9.4. Payment by the Buyer of the order made in the online store means the Buyer's full agreement with the terms of the sales contract (public offer)

9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce"

9.6. The use of the online store resource to preview the product, as well as to place an order for the Buyer, is free of charge.

9.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the purposes of processing the order, sending messages to the Buyer, delivering goods, making mutual payments, etc.

Product return procedure

10.1. The return of goods to the online store is carried out in accordance with the current legislation of Ukraine.

10.2. The return of the goods to the online store is carried out at the expense of the Buyer.

10.3. When the Buyer returns the product of proper quality, the online store returns to him the amount of money paid for the product upon the fact of returning the product, after deducting compensation for the costs of the online store related to the delivery of the product to the Buyer.

10.4. An exchange of the product or a refund for it to the Customer is possible only in case of product shortage.

Duration of the contract

11.1. An electronic contract is considered to have been concluded from the moment the person who sent the proposal to conclude such a contract receives a response about the acceptance of this proposal in accordance with the procedure specified in part six of Article 11 of the Law of Ukraine "On Electronic Commerce".

11.2. Before the expiration of this Agreement, this Agreement may be terminated by mutual consent of the parties before the actual delivery of the goods, by means of a refund

11.3. The parties have the right to terminate this agreement unilaterally, in case of non-fulfillment of the terms of this Agreement by one of the parties and in the cases stipulated by the current legislation of Ukraine.

We draw your attention to the fact that the online store "mfest.com.ua" on the official website https://mfest.com.ua has the right, in accordance with the legislation of Ukraine, to grant the right to use the Internet platform of FOP and legal entities for the sale of goods.