Public offer contract

This Public Offer Agreement is an official offer of the Seller to an unlimited number of persons to enter into a contract with the Seller for the supply of goods by remote method on the terms and conditions stipulated by this offer, by creating an order in the online store on the site https://www.uagraphix.com

1. GENERAL PROVISIONS

1.1 This contract of public offer is a public contract in accordance with Articles 633, 641 of the Civil Code of Ukraine, the terms and conditions of which are established equal to all buyers.
1.2 The fact of placing an order by the Buyer (by clicking on the link “Place an order” or by ordering through the operator of the online store) in accordance with Part 2 of Art. 642 of the Civil Code of Ukraine is considered an acceptance of this Agreement by the Buyer.
1.3 The contract concluded on the basis of acceptance of this offer by the customer is a contract of adhesion to which the customer joins without any exceptions and/or reservations.
1.4 The Administration of the online store at any time, without notice, may make changes to this Agreement, materials and information contained in the online store. Under no circumstances the Administration is not responsible for the irrelevance of information on the site, any losses resulting from the use, inability to use or the results of the use of the resource of the online store.

2. CONTRACT SUBJECT

2.1 The Seller undertakes to transfer under the terms of this Contract the Goods into the ownership of the Buyer, and the Buyer undertakes to accept the Goods into the ownership and pay for them under the terms of this Contract.
2.2 The Seller and the Buyer confirm that this Contract is not a fictitious, sham transaction, which transaction is carried out under the influence of violence or deceit.

3. CONTRACTING PHASE

3.1 The Buyer’s acceptance of the offer to conclude the Contract (Acceptance) is carried out by placing an order for the Goods in the Online Shop. The moment of conclusion of the Contract is the confirmation of the order by the Seller.
3.2 The fact of placing an order by the Buyer is an unconditional fact of acceptance by the Buyer of the terms and conditions of this Agreement, including the Buyer’s consent to receive advertising materials by means of communication (including but not limited to e-mail, mobile, messenger or social network). At any time the Buyer may refuse to receive advertising materials by canceling the subscription in social networks such as instagram, telegram and others, or refuse advertising messages to e-mail by pressing a certain button that cancels the subscription.

4. ORDER PLACEMENT

4.1 The order of the Goods is carried out by the Buyer through the Online Store or with the help of the operator of the Online Store.
4.2. It is possible to place an order through the Online Store without registration or after registration. In this case, the Buyer has the right to register on the site only 1 (one) time, that is, he can have only one Personal Account.
4.3. When registering in the Online Store or when ordering the Goods with the help of the operator of the Online Store, the Buyer is obliged to provide the following information about himself:

surname, name of the Buyer;
contact phone number of the Buyer;
e-mail address for communication with the Buyer;
delivery address of the Goods (if the Goods are to be delivered).

4.4 The Customer who has registered in the Online Shop is individually identified by providing a login. The password is generated automatically. If the Buyer wants to change the password to a different one, a link to set his personal password from the personal cabinet of the online store will be sent to his personal e-mail in a personal message. Transfer of login and password by the Buyer to third parties is prohibited.
4.5 The Buyer shall place an order by clicking on the link “Place an order” or by confirming the order to the online store operator respectively. Placement of the order by the Buyer and its subsequent transfer for execution means sufficient and complete familiarization of the Buyer with the price of the Goods, technical characteristics of the Goods, their functionality, information about the supply terms and warranty service conditions.
4.6 The Order shall be deemed accepted by the Seller and shall be subject to fulfillment after confirmation of the last order (confirmation shall be the Seller’s notification sent by means of communication to the Buyer). In case of unavailability of the ordered Goods in the Seller’s warehouse, including for reasons beyond the Seller’s control, the Seller shall have the right to cancel the said Goods on the Buyer’s order and notify the Buyer thereof.
4.7 Any information about the Goods contained on the Seller’s official website is of an informational nature and cannot be taken to fully convey all the characteristics and properties of the product. If the Buyer has any questions about the properties and characteristics of the Goods, he/she should consult the operator of the online store before ordering the Goods.

5. PRODUCT PRICE AND PAYMENT TERMS

5.1 The price at which the Goods are sold shall be specified in the documents for transferring the Goods to the Buyer.
The Seller reserves the right to unilaterally change the prices of the Goods. At the same time, the prices for the Goods ordered by the Buyer (upon confirmation of the order by the Seller) are not subject to change.
5.2 Payment for the Goods shall be made by the Buyer in non-cash form by transferring funds to the account of our partners, Western Bid Trading Agency (more details about the trading agency can be found on the website of Western Bid (https://westernbid.com). The currency of payment is USD (American dollar).
5.3 The Buyer shall pay for the ordered Goods within the terms agreed upon by the Parties when placing the order.
5.4 In case of non-cash form of payment the Buyer’s obligations to pay for the Goods are considered to be fulfilled after the funds are credited to the account of Western Bid Trading Agency partners.
5.5 If the Goods are sold at a discount, the information on the availability and amount of the discount shall be posted on the Seller’s official website and shall be informational in nature. The price at which the Goods are sold is indicated in accordance with clause 5.1. Discounts are not summarized and are not added to other discounts.

6. TERMS OF DELIVERY

6.1 The Seller’s obligations to transfer the Goods to the Buyer arise from the moment of sending the Buyer an order confirmation.
6.2 The terms of transfer of the Goods to the Buyer shall be agreed by the Parties in each case and fixed in the order confirmation.
6.3 The Goods may be delivered to the Buyer at the address specified by the Buyer. If the Goods are delivered to the Buyer at the address specified by the Buyer, transportation of such Goods shall be at the Buyer’s expense.
Delivery of the Goods to the Buyer shall be made:
6.3.1 By means of a carrier (postal service, delivery service, courier service, etc.) to the delivery point or to the address specified by the Buyer.
When delivering the Goods with the help of a carrier, the Buyer fully and unconditionally agrees with the Rules of Cargo Transportation of the carrier’s company (including the cost of delivery).
6.4 Title to the Goods passes from the Seller to the Buyer:
6.4.1 From the moment the Seller transfers the Goods to the carrier (delivery service, courier service, etc.).
6.5 Obligations to transfer the Goods in cases stipulated in clauses. 6.3.1 The Contracts shall be deemed fulfilled and the risk of accidental loss of the Goods shall be transferred to the Buyer at the moment of transfer of the Goods by the Seller to the carrier. The carrier is responsible for delivery of the Goods to the place of delivery.
6.6 Acceptance of the Goods for quantity and quality is performed at the place of transfer of the Goods from the Seller (carrier) to the Buyer. After the Buyer receives the Goods, no claims to the quantity, completeness and type of the Goods shall be accepted.

7. RETURN OF GOODS

7.1 The Buyer has the right to return to the Seller non-food Goods of proper quality, if they are not satisfactory 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 the Goods of proper quality within 14 (fourteen) days, not counting the day of purchase. Goods of proper quality shall be returned if they have not been used and their trade dress, consumer properties, seals, labels, as well as the settlement document issued together with the sold Goods have been preserved. The list of Goods not subject to return on the grounds provided by this clause is approved by the Cabinet of Ministers of Ukraine.
7.2 Consideration of the Buyer’s claims, in particular, on the return of the Goods shall be carried out upon submission by the Buyer of the documents stipulated by the current legislation of Ukraine (incl. written application).

8. RIGHTS AND OBLIGATIONS OF THE SELLER

8.1 The Seller has the right to:

make changes to this Agreement, materials, and information (including about the Goods) offered in the Online Store at any time;
refuse to conclude a Public Offer Agreement if it has no opportunity to sell the Buyer the relevant Goods;
record telephone conversations with the Buyer;
suspend the sale of Goods to the Buyer in case of the Buyer’s breach of its obligations (including, but not limited to, failure to pay for the ordered Goods) under this Agreement;
require the Buyer to fulfill its obligations under this Agreement in good faith;
without agreement with the Buyer, transfer its rights and obligations under the Contract to third parties.

8.2 The Seller shall:

send the Buyer an order confirmation or inform the Buyer of its inability to fulfill the Buyer’s order;
transfer the Goods to the Buyer after payment for such Goods, via postal service;
verify the quality and quantity of the Goods upon their delivery to the Buyer through the postal service;
not to disclose any private information of the Buyer and not to provide access to this information to third parties, except for cases provided for by the legislation of Ukraine (it is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of the Agreement with the Seller, including for fulfillment of obligations to the Buyer);
prevent attempts of unauthorized access to the information and/or its transfer to persons not directly related to the execution of orders; timely identify and stop the following facts;
duly fulfill the terms and conditions of this Agreement.

9. RIGHTS AND OBLIGATIONS OF THE BUYER

9.1 The Buyer has the right to:

to register in the online store;
in case of disagreement with any clause of the offer, to refuse to buy the Goods, to register in the Online Store, and any other actions provided for by this Agreement;
seek advice from the Seller on the properties and characteristics of the Goods;
demand from the Seller to fulfill its obligations under this Agreement in good faith;
other rights stipulated by the current legislation of Ukraine.

9.2 The Buyer is obliged to:

to familiarize himself/herself with the content and terms of the Agreement, prices for goods offered by the Seller in the Online Shop by the time of conclusion of the Agreement;
provide all the necessary data identifying him as a Buyer and necessary for registration in the Online Store by handwriting the data when registering in the Online Store or by notifying the necessary information in the Online Store.
register in the Online Store or by notifying the required information to the Online Store operator, keep it up to date;
pay for the ordered Goods (and their delivery, if necessary) in due time;
duly formalize the acceptance of the Goods (including signing and handing over to the Seller the relevant documents for the receipt of the Goods), and present a certifying document.
person (person authorized to receive the Goods);
check the quality and quantity of the Goods upon receipt from the Seller (carrier);
not to disclose any private information of the Seller and not to provide access to this information to third parties, except for cases stipulated by the legislation of Ukraine; not to transfer login and password received during registration to third parties and to bear responsibility for non-fulfillment of this obligation independently;
duly fulfill the terms and conditions of this Agreement.

10. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE

10.1 The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of Ukraine.
10.2 By placing an order, the Buyer is responsible for the accuracy of the information provided to the Seller about himself (including, but not limited to the information specified in clause 4.3. of the Agreement), as well as confirms that he is familiarized with the terms of this Agreement and agrees with them. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
10.3 The Seller shall not be liable for the inability to fulfill the Buyer’s order, if such inability occurred as a result of circumstances independent of the Seller, including, but not limited to, disruption of communication lines, equipment malfunction, etc.
10.4 The Seller’s total liability for non-performance or improper performance of the terms of this Agreement shall be limited to the amount of the Buyer’s payment made under this Agreement.
10.5 The warranty for the Goods shall be provided in accordance with the warranty established by the manufacturer of the Goods. The Seller shall not be liable for damage to the Goods in cases not recognized as warranty by the Goods manufacturing plant, as well as in cases when the Buyer violates the conditions of storage and/or operation of the Goods.

11. FORCE MAJOR

11.1 The term of performance of obligations under this Agreement by the Parties may be terminated only in case of force majeure (force majeure), namely: fire, natural disaster, armed conflict, martial law, significant change in the legislation of Ukraine, which complicates or makes it impossible for the Party to fulfill its obligations under this Agreement or due to other circumstances beyond the control of the Parties.
11.2. The Party subjected to force majeure circumstances shall notify the other Party in writing (via Instagram, Telegram, Facebook, WhatsApp, e-mail, Viber, etc.) within 5 (five) calendar days.
11.3 In case of force majeure circumstances, the Party affected by such circumstances, subject to the requirements of paragraph 11.2 of this Agreement, shall be exempt from liability under this Agreement for the period of such circumstances.
11.4 Upon termination of the circumstances, the force majeure shall resume during the period of fulfillment of obligations. The Party subjected to force majeure circumstances shall notify the other Party in writing (via Instagram, Telegram, Facebook, Facebook, WhatsApp, e-mail, Viber, etc.) of the termination of force majeure circumstances.
11.5 If the force majeure lasts for more than 30 (thirty) calendar days, the Parties shall have the right to terminate this Agreement and make final settlements. In this case, the damage caused by the termination of the Contract shall not be compensated and penalties shall not be paid.

12. OTHER CONTRACTUAL TERMS

12.1 This Agreement shall come into force from the moment the Buyer receives the order confirmation from the Seller. The Contract shall remain in force until the Parties fulfill their obligations in full.
12.2 This Contract is concluded with the Seller, which is located on the territory of Ukraine and acts within the framework of the current legislation of Ukraine.
12.3 The Buyer and/or the Buyer’s authorized persons give their consent to the Seller to process their personal data, namely surname, name, patronymic, registered place of residence and/or actual residence, taxpayer identification number, passport data, as well as contact telephone/fax number, e-mail address, any other data specified by the Buyer in the registration form for registration in the online store and/or order, in order to meet the requirements of the current legislation of Ukraine related to the maintenance of the online store.
The Buyer confirms that he/she is familiar with the rights of the subject of personal data provided by Art. 8 of the Law “On Protection of Personal Data”.
12.4 The Online Shop contains materials, trademarks, trade names, and other legally protected materials. The Buyer or other third parties have no right to use the materials posted in the online store (including making changes, copying, publishing, transferring to third parties, etc.). The use of materials on the site without the permission of the right holders is not allowed. When quoting materials from the site, including protected works of authorship, a link to the site of the online store is mandatory.
12.5 All disputes related to non-fulfillment or improper fulfillment of their obligations under this Agreement the Parties will try to resolve during negotiations. In case of failure to reach an agreement during negotiations, disputes will be resolved in the manner prescribed by the current legislation of Ukraine.
12.6 In cases not stipulated by this Agreement, the Parties shall be guided by the current legislation of Ukraine.

It’s important

Please carefully read the text of the public offer, and if you do not agree with any paragraph of the offer, you have the right to refuse to purchase the Goods available in the online store, and not to perform the actions specified in paragraphs 4.3, 3.1 of this Offer.

Annex

Public offer agreement – a public agreement, the terms and conditions of which according to Articles 633, 641 of the Civil Code of Ukraine, the same for all Buyers, unconditional acceptance of the terms and conditions of which by the Buyer (payment for the Goods in accordance with Part 2 of Article 642 of the Civil Code of Ukraine) is considered an acceptance of this Agreement between the Seller and the Buyer.

Administration – the right holder of the site https://www.uagraphix.com/.

Acceptance – acceptance by a person of the offer to conclude the Contract (by clicking on the link “Place an order” or by placing an order through the operator of the online store, by e-mail or Telegram or Viber, Instagram).

Online Store – an appropriate software and functional complex placed on the official website at https://www.uagraphix.com/, which allows to familiarize with the Goods, their appearance, technical characteristics, price, payment terms, etc.

Seller – a legal entity or an individual entrepreneur, which has placed information about the goods and/or services sold by it in the Online Store. The Seller can be both the Administration and any person to whom the Administration has granted the right to post information about goods and/or services. The name of the Seller is indicated in the documents for the transfer of Goods to the Buyer.

Offer – an offer of the Seller to conclude this Agreement of public offer on the terms and conditions set out in this Agreement, addressed to an unlimited number of persons.

Order placement – the Buyer’s request for the purchase of Goods, addressed to the Seller for its fulfillment and carried out by the Buyer placing an order in the Online Store by clicking on the “Place Order” link or agreeing to place an order to the Online Store operator.

Order Confirmation – notification of the Seller of receipt of the order from the Buyer and acceptance of such order for execution.

Buyer – any person who has accepted this public offer.

Parties – the combined name of Seller and Buyer.

Goods – wall stickers, laptop stickers, door decor, photo wallpaper and other goods, information about which is posted in the Online Store.

Cookie	Duration	Description
cookielawinfo-checkbox-analytics	11 months	This cookie is set by the GDPR Cookie Consent plugin. The cookie is used to store the user's consent to cookies in the "Analytics" category.
cookielawinfo-checkbox-functional	11 months	The cookie is set by the GDPR cookie consent to record the user's consent to cookies in the "Functional" category.
cookielawinfo-checkbox-necessary	11 months	This cookie is set by the GDPR Cookie Consent plugin. Cookies are used to store the user's consent to cookies in the "Necessary" category.
cookielawinfo-checkbox-others	11 months	This cookie is set by the GDPR Cookie Consent plugin. The cookie is used to store the user's consent to cookies in the category "Others".
cookielawinfo-checkbox-performance	11 months	This cookie is set by the GDPR Cookie Consent plugin. The cookie is used to store the user's consent to the cookies in the category "Performance".
viewed_cookie_policy	11 months	The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not the user has agreed to the use of cookies. It does not store any personal data.