PUBLIC OFFER AGREEMENT
A natural person-entrepreneur (Kyzhis Ilona Andriivna) (hereinafter - the Performer) offers to an unlimited number of persons (hereinafter - the User, Users) to enter into a Public Offer Agreement (hereinafter - the Agreement) regarding the execution of services to order, production, sale and delivery of author's paintings (hereinafter - Service, Services) using the web page located on the Internet at the address (link): https://www.instagram.com/merilona.store/?igshid=YmMyMTA2M2Y%3D (hereinafter - Merilona.store Internet Marketplace) .
The performer confirms that he works with an unlimited number of Users of the Instagram network, and does not limit the latter's access to the services provided on the specified site.
When registering the Service, the User confirms that he has familiarized himself with the full scope without time limits and agrees with the terms of the specified Agreement. The User may act within the scope of the Agreement on his own behalf and for his own benefit and/or on behalf of a third party and for its benefit, in which case the User acts exclusively within the limits of the powers granted by the third party.
This contract is considered concluded from the moment the User confirms his consent by sending an order via Direct message on the Merilona.store marketplace page.
The User and the Executor are aware of the general requirements for the conclusion of Contracts, the observance of which is necessary for the validity of the deed, possessing the full scope of civil legal capacity and civil legal capacity, have the appropriate authority to conclude such a deed, fully aware of the significance of their actions and in accordance with the free expression of will that corresponds to the internal will the participants of this transaction, aiming at the actual occurrence of legal consequences, understanding the legal nature of this transaction, as well as their rights and obligations under the Agreement, in accordance with current legislation, concluded this Agreement on the following:
1. SUBJECT OF THE AGREEMENT:
1.1. Under the terms of this Agreement, the Executor undertakes, upon the User's order, to manufacture products whose characteristics correspond to the order, and to deliver them to a specific address if necessary, and the User undertakes to pay the full cost of the Service in accordance with the cost established in the price list posted on the Merilona.store marketplace in the "Saved stories" section, as well as the cost of delivery according to the tariffs of the carrier company.
1.2. When placing an order, the User at his own discretion chooses the products he wants to receive, determines the number of products, their size. The performer does not influence the User's choice in any way.
1.3. The performer provides offers for ordering on his website in the section "Saved stories", "Publications". The Contractor has the right to independently and at any time replace any offers posted on the site, and the User does not have the right to make a claim regarding the presence and/or absence of specific product items on the Merilona.store marketplace.
1.4. When placing an order, the User is obliged to provide the Contractor with the following information: surname and first name of the person placing the order, contact phone number, exact address (New Post office, etc.) that makes it possible to identify the place of delivery, comment on the order, in which you can clarify any information. Also, when placing an order, the User must select the delivery time, delivery method, payment method, and the need for a callback.
2. TERMS OF PAYMENT AND METHODS OF DELIVERY:
2.1. When placing an order on the Merilona.store marketplace, the User has the opportunity to select a specific painting, their quantity, and notify the Performer by sending a Direct message about placing the order.
2.2. The cost of the User's order is determined by adding the cost of all units of products and additional services, if necessary, ordered by the User and noted directly when placing the order on the website.
2.3. According to the terms of this Agreement, the User has the right to choose one of two payment options: cash payment directly upon receipt of the Order, cashless payment by bank card.
2.4. When placing an Order, the User identifies himself using an account on the Instagram network, according to which he will be saved as a User and identified as a Party to the Agreement.
2.4. The User may also be charged commission costs and other costs determined by the bank, which may be added to the cost of the Order.
2.5. The user has the right to choose two options for receiving his own Order: by self-delivery of products, or to order delivery by means of postal communication, delivery companies.
2.6. The Contractor is not responsible for the impossibility of delivery to the User's address if it is outside the delivery zones indicated on the website of the relevant postal operator and does not accept the corresponding claims.
33. RIGHTS AND OBLIGATIONS OF THE PARTIES:
3.1. The user has the right to:
receive services in accordance with the specified Agreement and within the framework of the paid order;
refuse to complete the Order within a period not exceeding 15 minutes from the date of execution of the Order, as well as receive the funds paid by him under this Agreement;
3.2. The user is obliged to:
provide valid data when placing the Order;
pick up the order from the corresponding post office, pay the cost of services for sending the corresponding products (paintings, other related goods related to the production of a work of fine art to order), including commissions related to the transfer of funds to the Artist's account.
3.3. The executor is obliged to:
timely and fully fulfill the User's order in accordance with his order, pack the products in accordance with the Product Packaging Rules established by the relevant delivery service provider.
4. TERMS OF ORDER CANCELLATION:
4.1. The Contractor is obliged to return the money received to the User for the impossibility of completing the order within the time limit specified by the User, only in the case of the impossibility of providing the Service due to the Contractor's fault, or may offer a free replacement of the Order for another convenient time for the User with his consent.
4.2. The User has the right to independently initiate a refund for placing an Order, and to receive a corresponding refund in the amount that will be determined in the specified offer contract.
4.3. Funds for the completed order, which were transferred to the Contractor's account using a bank card:
in case of cancellation of the order no later than 15 minutes after placing the Order - the full amount of the order is returned to the User, excluding the funds specified in clause 4.5. of this Agreement;
in case of cancellation of the order after the Contractor has produced and formed the order - 25% of the order amount is returned to the User, excluding the funds specified in clause 4.5. of this Agreement;
4.4. In the case of placing a promotional order at a reduced price, the User will be reimbursed exclusively for the amount that was directly transferred by him.
4.5. When refunding money for placing an Order, commissions and other payments that were made to the bank when placing the order are not returned to the User.
4.6. Funds are returned directly to the card account from which the payment was made, or to the account that will be notified by the User when processing such a return. Refunds are made exclusively to the card account that matches the User's data provided by him when placing the order.
4.7. Funds are returned within no more than 48 hours after the Executor makes a positive decision about such a return.
4.8. In order to cancel the order, the User must contact the Contractor and inform about his desire to cancel the order and return the money.
5. CONSENT TO PERSONAL DATA PROCESSING:
5.1. By placing an Order on the website, the User provides the Contractor with their own personal data, including but not limited to: phone number, surname, first name and patronymic, and gives consent in accordance with the provisions of the Law of Ukraine "On the Protection of Personal Data" dated June 1, 2010 No. 2297-VI for their use by the Executor in any way provided for by the specified Law for further processing and storage, including, but not limited to:
6.1. In case of non-fulfillment or improper fulfillment of obligations under the Agreement by one of the Parties, the guilty Party is obliged to compensate the opposite Party for the damages caused and proven by such actions in accordance with the current legislation and the terms of this Agreement.
6.2. The Contractor is not responsible for inconveniences and losses received by the User as a result of providing inaccurate information when using the Merilona.store marketplace, if this became possible due to unauthorized intervention in the activities of the site by third parties.
6.3. For the loss, shortage or damage of the cargo, which occurred as a result of improper execution of the transportation contract concluded in accordance with the procedure established by law (in the presence of relevant supporting documents (waybill, bill of lading), the carrier company/company providing delivery services with which it was the corresponding contract for the carriage of cargo has been concluded.
6.4. The Contractor shall not be liable to the Customer for total or partial loss of the cargo or for its damage that occurred from the moment of acceptance of the cargo for transportation and before its delivery to the recipient, as well as for any delay in delivery, with compensation for fines, compensations and all damages that arose due to the fault or as a result of actions or omissions of the carrier/delivery company, as well as in case of neglect by the Customer of the right to familiarize/check the contents of the shipment upon receipt of the corresponding cargo.
7. FORCE MAJEURE CIRCUMSTANCES:
7.1. The parties are released from responsibility for non-fulfillment or improper fulfillment of the obligations provided for in this Agreement, if it arose as a result of force majeure.
7.2. In this Agreement, force majeure means any circumstances that arose beyond the will or against the will or desire of the Parties, and which could not have been reasonably foreseen or avoided, including decisions by state and local self-government bodies, military actions, public riots, epidemics, blockades, earthquakes, floods, fires and other natural disasters.
7.3. Decisions of the owners of the Parties aimed at changing or terminating the rights and obligations under this Agreement cannot be recognized as force majeure, if they are not agreed between the Parties in the form established by this Agreement.
7.4. The Party that does not fulfill or cannot fulfill its obligations under this Agreement as a result of force majeure must immediately notify the other Party in writing about obstacles and their impact on the fulfillment of obligations under this Agreement.
7.5. If force majeure occurs for 3 (three) months in a row and shows no signs of termination, this Agreement may be terminated by one of the Parties by sending a written notice to the other Party.
8. DISPUTE RESOLUTION PROCEDURE:
8.1. In case of violation of the terms of the Agreement, each of the Parties has the right to apply to the court. The location of the court is chosen in accordance with the current legislation of Ukraine.
8.2. All issues related to the relations between the Parties, which are not regulated by this Agreement, are regulated by the current legislation of Ukraine.
9. FINAL PROVISIONS:
9.1. This contract is valid from the moment the User receives the order through the Merilona.store marketplace until the moment the Service is provided;
9.2. All legal relations arising from this Agreement or related to it, including those related to the validity, conclusion, execution, amendment and termination of this Agreement, interpretation of its terms, determination of the consequences of invalidity or violation of the Agreement, are regulated by this Agreement and the relevant the norms of the legislation in force in Ukraine, as well as the customs of business turnover applicable to such legal relations based on the principles of good faith, reasonableness and justice.
9.3. The User agrees that the Contractor and/or third parties who have access to the Merilona.store marketplace have the right to add to the specified Agreement and other documents regulating the procedure for providing services, which are posted on the website and the User is obliged to familiarize themselves with them when completing the registration order.
A natural person-entrepreneur (Kyzhis Ilona Andriivna) (hereinafter - the Performer) offers to an unlimited number of persons (hereinafter - the User, Users) to enter into a Public Offer Agreement (hereinafter - the Agreement) regarding the execution of services to order, production, sale and delivery of author's paintings (hereinafter - Service, Services) using the web page located on the Internet at the address (link): https://www.instagram.com/merilona.store/?igshid=YmMyMTA2M2Y%3D (hereinafter - Merilona.store Internet Marketplace) .
The performer confirms that he works with an unlimited number of Users of the Instagram network, and does not limit the latter's access to the services provided on the specified site.
When registering the Service, the User confirms that he has familiarized himself with the full scope without time limits and agrees with the terms of the specified Agreement. The User may act within the scope of the Agreement on his own behalf and for his own benefit and/or on behalf of a third party and for its benefit, in which case the User acts exclusively within the limits of the powers granted by the third party.
This contract is considered concluded from the moment the User confirms his consent by sending an order via Direct message on the Merilona.store marketplace page.
The User and the Executor are aware of the general requirements for the conclusion of Contracts, the observance of which is necessary for the validity of the deed, possessing the full scope of civil legal capacity and civil legal capacity, have the appropriate authority to conclude such a deed, fully aware of the significance of their actions and in accordance with the free expression of will that corresponds to the internal will the participants of this transaction, aiming at the actual occurrence of legal consequences, understanding the legal nature of this transaction, as well as their rights and obligations under the Agreement, in accordance with current legislation, concluded this Agreement on the following:
1. SUBJECT OF THE AGREEMENT:
1.1. Under the terms of this Agreement, the Executor undertakes, upon the User's order, to manufacture products whose characteristics correspond to the order, and to deliver them to a specific address if necessary, and the User undertakes to pay the full cost of the Service in accordance with the cost established in the price list posted on the Merilona.store marketplace in the "Saved stories" section, as well as the cost of delivery according to the tariffs of the carrier company.
1.2. When placing an order, the User at his own discretion chooses the products he wants to receive, determines the number of products, their size. The performer does not influence the User's choice in any way.
1.3. The performer provides offers for ordering on his website in the section "Saved stories", "Publications". The Contractor has the right to independently and at any time replace any offers posted on the site, and the User does not have the right to make a claim regarding the presence and/or absence of specific product items on the Merilona.store marketplace.
1.4. When placing an order, the User is obliged to provide the Contractor with the following information: surname and first name of the person placing the order, contact phone number, exact address (New Post office, etc.) that makes it possible to identify the place of delivery, comment on the order, in which you can clarify any information. Also, when placing an order, the User must select the delivery time, delivery method, payment method, and the need for a callback.
2. TERMS OF PAYMENT AND METHODS OF DELIVERY:
2.1. When placing an order on the Merilona.store marketplace, the User has the opportunity to select a specific painting, their quantity, and notify the Performer by sending a Direct message about placing the order.
2.2. The cost of the User's order is determined by adding the cost of all units of products and additional services, if necessary, ordered by the User and noted directly when placing the order on the website.
2.3. According to the terms of this Agreement, the User has the right to choose one of two payment options: cash payment directly upon receipt of the Order, cashless payment by bank card.
2.4. When placing an Order, the User identifies himself using an account on the Instagram network, according to which he will be saved as a User and identified as a Party to the Agreement.
2.4. The User may also be charged commission costs and other costs determined by the bank, which may be added to the cost of the Order.
2.5. The user has the right to choose two options for receiving his own Order: by self-delivery of products, or to order delivery by means of postal communication, delivery companies.
2.6. The Contractor is not responsible for the impossibility of delivery to the User's address if it is outside the delivery zones indicated on the website of the relevant postal operator and does not accept the corresponding claims.
33. RIGHTS AND OBLIGATIONS OF THE PARTIES:
3.1. The user has the right to:
receive services in accordance with the specified Agreement and within the framework of the paid order;
refuse to complete the Order within a period not exceeding 15 minutes from the date of execution of the Order, as well as receive the funds paid by him under this Agreement;
3.2. The user is obliged to:
provide valid data when placing the Order;
pick up the order from the corresponding post office, pay the cost of services for sending the corresponding products (paintings, other related goods related to the production of a work of fine art to order), including commissions related to the transfer of funds to the Artist's account.
3.3. The executor is obliged to:
timely and fully fulfill the User's order in accordance with his order, pack the products in accordance with the Product Packaging Rules established by the relevant delivery service provider.
4. TERMS OF ORDER CANCELLATION:
4.1. The Contractor is obliged to return the money received to the User for the impossibility of completing the order within the time limit specified by the User, only in the case of the impossibility of providing the Service due to the Contractor's fault, or may offer a free replacement of the Order for another convenient time for the User with his consent.
4.2. The User has the right to independently initiate a refund for placing an Order, and to receive a corresponding refund in the amount that will be determined in the specified offer contract.
4.3. Funds for the completed order, which were transferred to the Contractor's account using a bank card:
in case of cancellation of the order no later than 15 minutes after placing the Order - the full amount of the order is returned to the User, excluding the funds specified in clause 4.5. of this Agreement;
in case of cancellation of the order after the Contractor has produced and formed the order - 25% of the order amount is returned to the User, excluding the funds specified in clause 4.5. of this Agreement;
4.4. In the case of placing a promotional order at a reduced price, the User will be reimbursed exclusively for the amount that was directly transferred by him.
4.5. When refunding money for placing an Order, commissions and other payments that were made to the bank when placing the order are not returned to the User.
4.6. Funds are returned directly to the card account from which the payment was made, or to the account that will be notified by the User when processing such a return. Refunds are made exclusively to the card account that matches the User's data provided by him when placing the order.
4.7. Funds are returned within no more than 48 hours after the Executor makes a positive decision about such a return.
4.8. In order to cancel the order, the User must contact the Contractor and inform about his desire to cancel the order and return the money.
5. CONSENT TO PERSONAL DATA PROCESSING:
5.1. By placing an Order on the website, the User provides the Contractor with their own personal data, including but not limited to: phone number, surname, first name and patronymic, and gives consent in accordance with the provisions of the Law of Ukraine "On the Protection of Personal Data" dated June 1, 2010 No. 2297-VI for their use by the Executor in any way provided for by the specified Law for further processing and storage, including, but not limited to:
- transferring them to a third party, which is in one way or another connected with this Agreement, or for the purpose of its full implementation;
- additional information to the User about the status of the order;
- further processing of the User's orders;
6.1. In case of non-fulfillment or improper fulfillment of obligations under the Agreement by one of the Parties, the guilty Party is obliged to compensate the opposite Party for the damages caused and proven by such actions in accordance with the current legislation and the terms of this Agreement.
6.2. The Contractor is not responsible for inconveniences and losses received by the User as a result of providing inaccurate information when using the Merilona.store marketplace, if this became possible due to unauthorized intervention in the activities of the site by third parties.
6.3. For the loss, shortage or damage of the cargo, which occurred as a result of improper execution of the transportation contract concluded in accordance with the procedure established by law (in the presence of relevant supporting documents (waybill, bill of lading), the carrier company/company providing delivery services with which it was the corresponding contract for the carriage of cargo has been concluded.
6.4. The Contractor shall not be liable to the Customer for total or partial loss of the cargo or for its damage that occurred from the moment of acceptance of the cargo for transportation and before its delivery to the recipient, as well as for any delay in delivery, with compensation for fines, compensations and all damages that arose due to the fault or as a result of actions or omissions of the carrier/delivery company, as well as in case of neglect by the Customer of the right to familiarize/check the contents of the shipment upon receipt of the corresponding cargo.
7. FORCE MAJEURE CIRCUMSTANCES:
7.1. The parties are released from responsibility for non-fulfillment or improper fulfillment of the obligations provided for in this Agreement, if it arose as a result of force majeure.
7.2. In this Agreement, force majeure means any circumstances that arose beyond the will or against the will or desire of the Parties, and which could not have been reasonably foreseen or avoided, including decisions by state and local self-government bodies, military actions, public riots, epidemics, blockades, earthquakes, floods, fires and other natural disasters.
7.3. Decisions of the owners of the Parties aimed at changing or terminating the rights and obligations under this Agreement cannot be recognized as force majeure, if they are not agreed between the Parties in the form established by this Agreement.
7.4. The Party that does not fulfill or cannot fulfill its obligations under this Agreement as a result of force majeure must immediately notify the other Party in writing about obstacles and their impact on the fulfillment of obligations under this Agreement.
7.5. If force majeure occurs for 3 (three) months in a row and shows no signs of termination, this Agreement may be terminated by one of the Parties by sending a written notice to the other Party.
8. DISPUTE RESOLUTION PROCEDURE:
8.1. In case of violation of the terms of the Agreement, each of the Parties has the right to apply to the court. The location of the court is chosen in accordance with the current legislation of Ukraine.
8.2. All issues related to the relations between the Parties, which are not regulated by this Agreement, are regulated by the current legislation of Ukraine.
9. FINAL PROVISIONS:
9.1. This contract is valid from the moment the User receives the order through the Merilona.store marketplace until the moment the Service is provided;
9.2. All legal relations arising from this Agreement or related to it, including those related to the validity, conclusion, execution, amendment and termination of this Agreement, interpretation of its terms, determination of the consequences of invalidity or violation of the Agreement, are regulated by this Agreement and the relevant the norms of the legislation in force in Ukraine, as well as the customs of business turnover applicable to such legal relations based on the principles of good faith, reasonableness and justice.
9.3. The User agrees that the Contractor and/or third parties who have access to the Merilona.store marketplace have the right to add to the specified Agreement and other documents regulating the procedure for providing services, which are posted on the website and the User is obliged to familiarize themselves with them when completing the registration order.
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FOP Kyzhys Ilona Andriivna
EDRPOU 3710605460
EDRPOU 3710605460