Public Offer of the Online Store vslstudio.com.ua for the Sale of Goods
This agreement is an official and public offer of the Seller to conclude a contract for the purchase and sale of Goods presented on the website vslstudio.com.ua. This agreement is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, or individual entrepreneur), without granting preference to one buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and procedure for placing an order, payment for goods, delivery of goods, return of goods, liability for improper orders, and all other terms of the agreement. The Agreement is considered concluded from the moment the “Confirm Order” button is clicked on the checkout page in the “Cart” section and the Buyer receives electronic confirmation of the order from the Seller.
1. Definitions
1.1. Public Offer (hereinafter – the “Offer”) – a public proposal of the Seller addressed to an indefinite number of persons to conclude a contract for the purchase and sale of goods remotely (hereinafter – the “Agreement”) under the terms set forth in this Offer.
1.2. Goods or Services – the subject of the agreement between the parties, selected by the Buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online Store – the Seller’s website at vslstudio.com.ua, created for concluding retail and wholesale purchase and sale agreements based on familiarization of the Buyer with the description of 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, places an order for the purchase of goods presented on the Online Store website for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.
1.5. Seller – Individual Entrepreneur Shkyndyruk Liubov Mykolaivna (EDRPOU Code: 3700608389), an individual acting in accordance with the current legislation of Ukraine.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of concluding the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date the Buyer fills out the order form located on the Online Store website, provided that the Buyer receives electronic confirmation of the order from the Seller. If necessary, at the request of the Buyer, the Agreement may be executed in written form.
3. Order Placement
3.1. The Buyer independently places an order in the Online Store through the “Cart” form, or by placing an order via email or by phone number indicated in the Contacts section of the Online Store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer during order placement is incomplete or raises doubts about its validity.
3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Buyer’s last name and first name;
3.3.2. Address for delivery of the Goods (if delivery is to the Buyer’s address);
3.3.3. Contact phone number;
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the Online Store website.
3.5. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the required information, the Seller is not responsible for the quality of service provided to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller’s operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3–3.4 of this Offer.
3.7. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data into the registration form on the Online Store website or when placing an order through the operator. After placing an order through the operator, the Buyer’s data is entered into the Seller’s database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing an order.
3.9. By concluding the Agreement, i.e. accepting the terms of this Offer by placing an Order, the Buyer confirms the following:
a) The Buyer has fully read and agrees with the terms of this Offer;
b) The Buyer gives consent to the collection, processing, and transfer of personal data; consent to the processing of personal data is valid for the entire term of the Agreement and for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that they have been informed (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, carrying out settlements, and receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer personal data to third parties without additional notification to the Buyer for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a personal data subject under the Law of Ukraine “On Personal Data Protection” is known and understood.
4. Price and Delivery of Goods
4.1. Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices for Goods and services are indicated in Ukrainian hryvnias including VAT.
4.2. Prices for 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 fully paid by the Buyer cannot be changed unilaterally by the Seller.
4.3. The price of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer. The cost of delivery is paid by the Buyer in accordance with the current tariffs of the delivery services (carriers) directly to the selected delivery service (carrier).
4.4. The price of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer’s address.
4.5. The Seller may indicate an estimated delivery cost to the Buyer’s address upon the Buyer’s request by email or when placing an order through the online store operator.
4.6. The Buyer’s payment obligations are considered fulfilled from the moment the funds are credited to the Seller’s account.
4.7. Settlements between the Seller and the Buyer are carried out using the methods specified on the Online Store website in the “Payment and Delivery” section.
4.8. Upon receipt of the Goods, the Buyer must check the conformity of the Goods with qualitative and quantitative characteristics (name, quantity, completeness, expiration date) in the presence of a representative of the delivery service (carrier).
4.9. By signing the товар receipt, order, or delivery note, the Buyer or their representative confirms that there are no claims regarding quantity, appearance, or completeness of the Goods.
4.10. Ownership rights and the risk of accidental loss or damage to the Goods pass to the Buyer or their representative from the moment the Goods are received by the Buyer at the place of delivery in case of self-pickup, or from the moment the Goods are transferred by the Seller to the delivery service (carrier) chosen by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller is obliged to:
5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.
5.1.2. Not disclose any private information about the Buyer or provide access to such information to third parties, except as provided by law and during fulfillment of the Buyer’s order.
5.2. The Seller has the right to:
5.2.1. Change the terms of this Agreement, as well as prices for Goods and services, unilaterally by publishing them on the Online Store website. All changes take effect from the moment of publication.
5.3. The Buyer undertakes to:
5.3.1. Familiarize themselves with the content of this Agreement, its terms, and prices offered on the Online Store website before concluding the Agreement.
5.3.2. Provide all necessary data that clearly identifies them as the Buyer and is sufficient for delivery of the ordered Goods.
6. Return of Goods
6.1. The Buyer has the right to return non-food Goods of proper quality if the Goods do not satisfy them in terms of shape, dimensions, style, color, size, or for other reasons cannot be used for their intended purpose. The Buyer has the right to return Goods of proper quality within 14 (fourteen) days, excluding the day of purchase. Returns are accepted provided the Goods have not been used, their commercial appearance, consumer properties, packaging, seals, labels, and the payment document issued to the Buyer are preserved. The list of Goods not subject to return on these grounds is approved by the Cabinet of Ministers of Ukraine.
6.2. Refund of the cost of Goods of proper quality is carried out within 30 (thirty) calendar days from the date the Seller receives such Goods, subject to compliance with clause 6.1 of the Agreement and current legislation of Ukraine.
6.3. Refunds are made by bank transfer to the Buyer’s account.
6.4. Return of Goods of proper quality to the Seller’s address is carried out at the Buyer’s expense and is not reimbursed by the Seller.
6.5. If defects are discovered in the Goods during the warranty period, the Buyer has the right to present claims to the Seller in the manner and within the time limits established by the legislation of Ukraine. When presenting claims for free elimination of defects, the period for their elimination is calculated from the date the Goods are received by the Seller.
6.6. Consideration of claims provided by the Law of Ukraine “On Consumer Rights Protection” is carried out by the Seller subject to the Buyer providing documents required by current legislation. The Seller is not responsible for defects that arose after the Goods were transferred to the Buyer as a result of improper use, storage, actions of third parties, or force majeure.
6.7. The Buyer does not have the right to refuse Goods of proper quality that have individually determined characteristics and can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, configuration, etc. at the Buyer’s request). Confirmation of individual characteristics is the difference in size or other characteristics indicated in the Online Store.
6.8. Return of Goods in cases provided by law and this Agreement is carried out at the address indicated on the website in the “Contacts” section.
7. Liability
7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper or untimely fulfillment of orders and obligations in case the Buyer provides inaccurate or incorrect information.
7.3. The Seller and the Buyer bear responsibility for fulfillment of their obligations in accordance with current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer is released from liability for full or partial failure to fulfill obligations if such failure is the result of force majeure circumstances such as war or military actions, earthquake, flood, fire, or other natural disasters that arose independently of the will of the Seller and/or Buyer after conclusion of this Agreement. The Party unable to fulfill its obligations must immediately notify the other Party.
8. Confidentiality and Personal Data Protection
8.1. By providing personal data on the Online Store website during registration or order placement, the Buyer gives the Seller voluntary consent to process, use (including transfer) personal data and perform other actions provided by the Law of Ukraine “On Personal Data Protection” without limitation of the validity period of such consent.
8.2. The Seller undertakes not to disclose information received from the Buyer. Disclosure of information to counterparties and third parties acting under agreements with the Seller, including for fulfillment of obligations to the Buyer, as well as cases required by law, is not considered a violation.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for improper fulfillment of obligations due to outdated or inaccurate Buyer information.
9. Other Terms
9.1. This Agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. If a dispute cannot be resolved through negotiations, either Party has the right to apply to the courts in accordance with current legislation of Ukraine.
9.3. The Seller has the right to amend this Agreement unilaterally as provided in clause 5.2.1. In addition, changes may be made by mutual agreement of the Parties in accordance with current legislation of Ukraine.
SELLER’S DETAILS:
Individual Entrepreneur Shkyndyruk Liubov Mykolaivna
EDRPOU Code: 3700608389
IBAN UA323220010000026006370024533
MFO 322001