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PUBLIC OFFER AGREEMENT

As in force on 15.05.2024

This Sale and Purchase Public Offer Agreement (hereinafter referred to as the Agreement) is a public official offer of a sole proprietor Vovkotrub Galyna (hereinafter referred to as www.minimalista-store.com) to enter into this Agreement under the terms and conditions set out below and in case of acceptance of the Agreement in accordance with its terms and conditions any competent natural or legal person (hereinafter referred to as the User) shall fulfill the terms and conditions of this Agreement.

1. TERMS AND DEFINITIONS

The following terms and definitions apply in this Agreement as well as in the resulting or related relations between the Parties:

1.1. "Agreement" / "Public Offer" / "Offer" - the text of this document with all annexes amendments and additions to it posted on the Internet on the Website.

1.2. "Seller" – minimalista-concept.store.

1.3. "Buyer" - a User who intends to purchase or is purchasing the Goods on the Website.

1.4. "Buyer`s Acceptance" - full and unconditional acceptance by the Buyer of the Seller’s offer to purchase the Goods the images of which are posted on the Website by adding them to the virtual cart and sending the Order.

1.5. "Goods" - the goods posted on the Website and offered to the Buyer for purchase.

1.6. "Order" - the Buyer's application for the purchase of the Goods duly drawn up and submitted on the Website and addressed to the Seller.

1.7. "Website" is an automated information system available on the Internet at www.minimalista-concept.store.

1.8. "Mandatory Documents" are a list of documents binding on the Parties to comply with and fulfill which are an integral part of this Agreement namely the Privacy Policy and User Agreement.

Other terms not defined in paragraph 1.1 hereof shall have the meanings given in the text of the Agreement itself. In the absence of an unambiguous definition in the text of the Agreement one should be guided by its interpretation defined firstly by the Mandatory Documents and secondly by the Applicable Law and subsequently by customary business practices.

2. SUBJECT OF THE AGREEMENT

2.1. In accordance with the Agreement the Seller transfers the Goods specified in the Buyer's Order to the ownership of the Buyer and the Buyer agrees to pay and accept the Goods in accordance with this Agreement.

2.2. A prerequisite for concluding the Agreement is the Buyer`s unconditional acceptance and compliance with the provisions of this Agreement as well as the Mandatory Documents that form an integral part hereof.

2.3. The terms and conditions of the Agreement do not govern the provision of services or the sale of goods carried out by persons referred to in links banners or other hypertext links posted on the Website. Before purchasing the goods from the aforementioned third parties it is recommended that one familiarizes themselves with the terms of sale of such companies since the Seller is not responsible for the provision of services offered by third parties.

3. ORDERING AND ORDER CONFIRMATION

3.1. All information materials posted on the Website are for reference only and cannot fully convey reliable information about certain properties and characteristics of the Goods. The photographs accompanying the Goods are merely illustrations to it and may differ from the actual attributes of the Goods.

3.2. All certificates and quality statements as well as hygiene certificates are provided at the request of the Buyer if necessary.

3.3. The Buyer can make purchases on the Website as its registered user and can also make purchases without registration (by providing only the data necessary for processing the Order).

3.4. The Buyer independently submits an order on the corresponding page of the Website by adding the Goods to the virtual cart and clicking the "Add to cart" button or by placing an order by e-mail or by phone specified in the "Contacts" section of the Website.

3.5. The Buyer confirms the Order by clicking the "Order" button. Before confirming the Order the Buyer must familiarize themselves with all the specifications of the Goods posted on the Website as well as with this Agreement.

3.6. The Agreement is considered concluded and the Seller’s offer to conclude is considered fully accepted by the Buyer (Buyer's Acceptance) from the moment the Buyer confirms the Order.

3.7. The Buyer is solely responsible for the accuracy of the information provided when submitting and confirming the Order.

3.8. After receiving the Order an email confirming the Order will be sent to the email address provided by the Buyer when submitting such Order.

3.9. In the absence of the Goods ordered by the Buyer at the Seller’s warehouse the Seller shall have the right to exclude the specified Goods from the Order/cancel the Buyer’s order by notifying the Buyer via sending a corresponding electronic message to the address indicated by the Buyer when submitting the Order.

3.10. The Seller shall return to the Buyer the paid amount of the Order completeness of which has been substantially changed/canceled excluding any banking commission within 7 (seven) days in the same way the Order has been paid.

3.11. The deadline for the Order picking is up to 3 (three) business days from the moment of its finalization. In the event the order is submitted on a weekend or holiday its picking begins on the first working day after the day off.

3.12. Should there be the need to clarify any information specified above the Buyer can contact the Seller by sending a request using the contact information available in the "Contacts" section of the Website.

4. PAYMENT AND DELIVERY

Payment

4.1. The Agreement price is determined by adding up the prices of all the Goods selected by the Buyer and placed in a virtual cart as well as a delivery cost which is determined depending on the delivery method and address.

4.2. The total price of the Goods as well as the cost of delivery selected by the Buyer when submitting the Order is formed on the Website with consideration to the delivery address name and quantity of the Goods selected by the Buyer prices of the Goods as well as the delivery method. The final price of the Order is determined before the Buyer`s payment for the Goods.

4.3. The price of the Goods on the Website can be unilaterally changed by the Seller. Moreover the price of the Goods which have already been ordered by the Buyer is not subject to change.

4.4. The Seller has the right to provide discounts on the Goods and establish a bonus program. The types of discounts and bonuses the procedure and accrual terms are determined by the Sellers independently and can be changed unilaterally.

4.5. Payment methods:

  • Visa MasterCard payment cards (when paying with a payment card and pressing the "Allow Payment" button the Buyer confirms their ownership of the card);
  • Liqpay PayPal payment systems;
  • bank transfer to the Seller’s current account indicated in an invoice including via Internet banking (the Buyer shall pay for the order within three days from the date of receipt of such invoice by way of 100% prepayment);
  • in cash after receipt of the Order in Showroom (according to the legislation of Ukraine payments in cash upon delivery cannot exceed UAH 50.000).

 

4.6. Depending on the method of payment certain restrictions may apply to any transaction amount as well as a commission charged according to the bank's rates. The Buyer shall independently manage and receive information about such rates. If the Buyer's bank card is issued in a currency other than the payment currency the bank may charge an additional fee for currency conversion. To clarify the amount of currency conversion fees the Buyer should consult with the issuing bank.

4.7. The Buyer shall independently pay all taxes and fees that may arise in connection with the payment for the Order its delivery or other use of the Website as well as any bank fees (including correspondent bank fees) for the payment for such Order its delivery and the use of the Website.

Delivery

4.8. The Buyer receives the Goods through delivery.

4.9. The minimum delivery time is 3 (three) business days from the date of the Order and depends on the delivery address specified by the Buyer availability of the ordered Goods and the time required to process the Order and if necessary manufacture (production) of the Goods. In any case the Seller must deliver the Goods to the Buyer within an acceptable period but no later than thirty days from the receipt of such Order.

4.10. The Buyer shall independently pay all taxes and fees and customs duties of their country if such arise in connection with the payment for the Order and delivery of the Goods as well as any bank fees (including correspondent bank fees) for the payment for such Order and delivery of the Goods.

4.11. The person indicated by the Buyer as the recipient of the Goods is considered to be duly authorized by the Buyer to take all necessary actions in order to accept the Goods.

4.12. In order to avoid fraud in the delivery of a prepaid Order the person delivering the Order has the right to request an identity document of the recipient.

4.13. When accepting the Goods the recipient of the Goods shall in the presence of the person delivering the Goods check the attributes and packaging of the Goods as well as their quality quantity completeness.

4.14. When delivering the Goods to other cities of Ukraine or to the territory of another country where it is carried out by other delivery services the Buyer fully and unconditionally agrees to the Shipping Rules of such delivery services. The Buyer agrees that the territory of delivery of the Goods may be limited. The Seller shall additionally notify the Buyer of restrictions and territories to which delivery is not possible.

4.15. The Buyer confirms their receipt of the Goods and the absence of claims to the quality of the Goods delivered by any delivery service with their own signature on a consignment note delivery service certificate or delivery note when receiving the Goods. For its part the Seller warrants the shipment of the Goods to a delivery service in the quantity indicated and paid by the Buyer as well as such delivery completeness according to the specifications of the Goods and in proper (working) condition and quality.

4.16. 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 at personal delivery the Goods shall be returned to the place of shipment. The payment for delivery services shall be deducted from the amount transferred by the Buyer to pay for the Goods. The rest of the amount shall be returned to the Buyer based on their letter sent to the e-mail address specified in the "Contacts" section of the Website indicating the method of refund and details to which such funds should be returned.

4.17. The Recipient`s incomplete inaccurate or incorrect indication of their details as well as their delivery address preferred delivery time and contact phone number when confirming the Order may lead to delayed delivery. In this case claims for such delayed delivery will not be accepted.

4.18. The Order is considered delivered at the time of its transfer to the Buyer or to the person having the Buyer`s authorization to receive the Goods.

4.19. The risk of accidental loss or accidental damage to the Goods shall be transferred to the Buyer from the moment of the actual transfer of the Order and the Recipient’s signature in the documents confirming the Order delivery. In case of non-delivery of the Order the Seller shall reimburse the Buyer for the cost of the Order prepaid by the Buyer as well as for the cost of delivery in full after receipt of confirmation of the loss of the Order from the delivery service.

4.20. Upon receipt of the Order the Recipient shall have the right to inspect the delivered Goods and open it in the presence of a representative of the delivery service to check the Goods for compliance with the declared quantity attributes and completeness of the Goods. If there are complaints about the delivered Goods (shortage lack of conformity of the Goods to the enclosure list manufacturing defects other claims) the representative of the delivery service shall draw up a Defects Certificate as requested by the Recipient.

4.21. The Buyer shall solve all issues that arise when paying and accepting the Goods using the contact information in the "Contacts" section of the Website.

4.22. A more detailed procedure for payment and delivery is indicated on the corresponding page of the Website.

5. EXCHANGE AND RETURN

Exchange and Return of Good Quality Goods

5.1. The Buyer has the right to replace the good quality Goods with similar goods within 14 days excluding the day of purchase if the Goods do not fit in shape style size or cannot be used for other purposes.

5.2. The Buyer has the right to terminate the Agreement and return the good quality Goods within 14 calendar days from the date of receipt of the Goods from a delivery service a courier or by mail.

5.3. The Buyer has the right to exchange the Goods or terminate the Agreement under the following conditions (in aggregate):

  • no more than 14 calendar days have passed from the date of receipt of the Goods
  • the Goods are not listed among the good quality goods not subject to exchange/return
  • the Goods have not been used (there are no signs of wear wash unusual odors etc.)
  • packaging and all labels tags and instructions are available in the original form and originally fixed (sewn on a branded tape etc.)
  • an original or a copy of a payment document (cash register receipt payment order bank statement printout of electronic receipt) provided to the Buyer along with the Goods are available (copy of a payment document bank reference payment terminal receipt SMS message on funds withdrawal testimonies of witnesses cannot be payment documents in the understanding of the current legislation)
  • in case of return - the Buyer has signed and submitted (together with the Goods) a certificate (statement) on the return of the Goods and funds or has filled out the return form on the appropriate section of the Website. The return document (certificate/application/form) must necessarily contain the specified passport data of the Buyer.

 

5.4. Exchange and return of the good quality Goods are possible only if all the aforementioned conditions are met.

5.5. The Buyer shall not have the right to exchange the good quality Goods not subject to exchange and/or return for another good quality Goods or to terminate the Agreement regarding the Goods specified in the Resolution of the Cabinet of Ministers of Ukraine "On the Implementation of Certain Provisions of the Law of Ukraine "On Protection of Consumer Rights" No. 172 dated March 19 1994 or another laws and statutory instruments superseding this regulation.

Exchange and Return of Non-Conforming Goods

5.6. The Buyer has the right to exchange the non-conforming Goods or terminate the Agreement under the following conditions (in aggregate):

  • no more than 14 calendar days have passed from the date of receipt of the Goods and the warranty period has not expired
  • defects in the Goods have not arisen as a result of the Buyer's violation of the rules for the use or storage of the Goods (if necessary the Seller shall carry out an examination of the Goods to confirm this condition)
  • an original or a copy of a payment document (cash register receipt payment order bank statement printout of electronic receipt) provided to the Buyer along with the Goods are available (copy of a payment document bank reference payment terminal receipt SMS message on funds withdrawal testimonies of witnesses cannot be payment documents in the understanding of the current legislation)
  • in case of return - the Buyer has signed and submitted (together with the Goods) a certificate (statement) on the return of the Goods and funds or has filled out the return form on the appropriate section of the Website. The return document (certificate/application/form) must necessarily contain the specified passport data of the Buyer.

 

5.7. Exchange and return of the non-conforming Goods are possible only if all the aforementioned conditions are met.

5.8. The Parties have agreed that in case of non-compliance with the mandatory requirements of this procedure the Buyer is considered to have received the good quality Goods without any mechanical damage and in full completeness.

5.9. If at the time of exchange similar good quality goods are not available for sale the Buyer shall have the right to either purchase any other goods in stock with the corresponding price recalculation or terminate the Agreement and be refunded the cost of the returned Goods or exchange the Goods for similar ones once the needed Goods are available for sale. The Seller shall inform the Buyer who requires the exchange of the Goods on the day such Goods are available for sale.

5.10. The Buyer shall have the right to send all the claims regarding improper execution of the Order to the e-mail address specified in the "Contacts" section of the Website with the mandatory sending of a written claim as well as attached photo and/or video images by mail to the address indicated on the Website.

5.11. In case of the Agreement termination settlements with the Buyer shall be made based on the price of the Goods at the time of purchase. Money paid for the Goods shall be returned to the Buyer no later than thirty days from the date of the Buyer`s notification of the Seller about the Agreement termination.

5.12. At the same time the refund deadline may be extended depending on the bank`s transactions processing.

5.13. A more detailed procedure for exchange and return is indicated on the corresponding page of the Website.

6. RIGHTS AND OBLIGATIONS OF THE PARTIES

The Seller shall:

6.1. Arrange delivery of the Goods to the Buyer in the manner and on the terms and conditions specified herein;

6.2. Provide the Buyer with the good quality Goods conforming to the terms and conditions hereof;

6.3. Provide the Buyer with all the necessary information in accordance with the requirements of the Applicable Law and this Agreement;

6.4. Fulfill other obligations stipulated hereby including the Mandatory Documents as well as the Applicable Law.

The Seller shall have the right to:

6.5. Contact the Buyer to clarify the necessary information in order to fulfill the terms of the Agreement.

6.6. Demand payment for the Order in the manner and on the conditions provided for hereby.

6.7. Refuse to conclude the Agreement with the Buyer (without explanation) in case of inequitable conduct of the Buyer in particular in case of:

  • 2 (two) or more refusals of the good quality Goods during the year;
  • provision of inaccurate contact details or other data discrediting the honor and dignity of others;
  • violation of any of the Mandatory Documents posted on the Website.

 

6.8. Exercise other rights provided for by the Applicable Law as well as the Agreement including the Mandatory Documents.

The Buyer shall:

6.9. Provide the Seller with accurate information necessary for the execution of the Agreement;

6.10. Carry out all the necessary steps to receive the Goods in accordance with the terms and conditions hereof;

6.11. In case of acceptance of the Goods by a third party - the Buyer shall notify the Seller or a delivery service (by phone e-mail or other available means of communication) of the acceptance of the Goods by such third party. In this case a third party specified by the Buyer will be deemed authorized to accept the Goods. The acceptance of the Goods by such third party shall be carried out in accordance with the terms and conditions hereof;

6.12. When accepting the Goods from a courier verify the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incompleteness of the Goods indicate such defects in a certificate and sign it together with a person who has delivered the Goods to the Buyer;

6.13. Pay for the Goods in accordance with the terms and conditions hereof and sign the documents confirming delivery of the Goods;

6.14. Check for notifications in the email specified by the Buyer when submitting the Order;

6.15. Fulfill other obligations stipulated hereby including the Mandatory Documents as well as the Applicable Law.

The Buyer shall have the right to:

6.16. Demand transfer of the Goods in the manner and on the terms and conditions provided for hereby;

6.17. Require the provision of all necessary information about the Goods as well as the Order progress status;

6.18. Refuse the Goods on the grounds provided for in the Agreement and/or the Applicable Law;

6.19. Exercise other rights provided for by the Applicable Law as well as the Agreement including the Mandatory Documents.

7. LIABILITY AND RESTRICTIONS

7.1. The Seller shall not be liable for the Buyer`s improper use of the Goods ordered on the Website.

7.2. The Seller is entitled to transfer its rights and obligations regarding execution of the Orders to third parties.

7.3. The Seller shall be exempted from liability for non-fulfillment or improper fulfillment of the Agreement in particular for violation of any delivery conditions the Buyer`s provision of false information as well as in other cases affecting the Seller`s fulfillment of its obligations hereunder that have arisen through no fault of the Seller ( e.g. accidents level 6+ traffic jams etc.).

7.4. The Buyer shall have the right to demand compensation (not exceeding the Order price) if delivery has not been completed due to the Seller`s fault.

7.5. To the fullest extent permitted by law the Seller shall not be liable to the Buyer or any third party for any special incidental punitive direct or indirect losses expenses or the cost of services of lawyers (legal advisers) the Buyer`s use (impossibility to use) and any consequences of the Buyer`s use (impossibility to use) of the chosen payment methods regarding the Goods and for any damage (including but not limited to damage from loss of profit data or from business interruptions) arising in connection with the terms and conditions hereof or access to/use of the Website.

7.6. The Buyer agrees to be solely liable for the information provided to the Seller including the content of such information its compliance with the requirements of the Applicable Law violations of the rights of third parties to the information posted on the Website by the Buyer and for compliance with the provisions of this Agreement.

8. CIRCUMSTANCES OF INSUPERABLE FORCE (FORCE MAJEURE)

8.1. The Parties shall be exempted from liability for full or partial failure to fulfill their obligations hereunder caused by circumstances of insuperable force arising after the conclusion of this Agreement. Such circumstances in particular shall include natural calamities; natural and industrial disasters; acts of terrorism; military actions; civil unrest; adoption by the state or local authorities of laws and regulations prohibiting or restricting activities of the Parties under this Agreement; epidemics other circumstances that cannot be foreseen or prevented in advance which make it impossible for the Parties to fulfill their obligations hereunder.

8.2. Upon the occurrence of any circumstances of insuperable force impeding the fulfillment of obligations under this Agreement the Parties` deadline for fulfilling their obligations hereunder shall be extended in proportion to the duration of such circumstances as well as the time required to eliminate their consequences but not more than 30 (thirty) calendar days. If such circumstances of insuperable force exceed the specified period or if upon their occurrence it becomes apparent to both Parties that such circumstances will exceed the specified period the Agreement shall become null and void.

9. MISCELLANEOUS

Applicable Law

9.1. The Agreement is governed and interpreted solely in accordance with the current legislation of Ukraine excluding conflict of law provisions (hereinafter also referred to as the Applicable Law). All issues not regulated or not fully settled by this Agreement shall be regulated in accordance with the substantive law of Ukraine. The 1980 Vienna Convention on the International Sale of Goods (CISG) shall not apply to this Agreement.

9.2. The Parties shall try to resolve any disputes conflicts and claims arising as a result of or in connection with this Agreement (hereinafter referred to as the Disputes) by negotiations. If the disputes cannot be resolved through negotiations they shall be settled by the court of Ukraine. The language of the proceedings is Ukrainian.

9.3. With regard to the correct interpretation of this Agreement and in case of any discrepancy between the original text in Russian and any translation into another language the text in Russian shall prevail.

Confidentiality

9.4. The Seller understands the importance of maintaining confidentiality integrity and security of non-public identifying information of the Buyers (hereinafter collectively referred to as the Personal Data).

9.5. However there may be cases when the Buyer may be asked to consciously and voluntarily provide some Personal Data for example to submit an Order or receive notifications about discounts promotions etc. In order to use these sections or functions of the Website the Buyer agrees to read the corresponding Privacy Policy expressing upon request consent to processing of the Personal Data and agrees to provide true accurate relevant and complete information.

9.6. The information provided by the Buyer is confidential. Any information about the Buyer shall be used solely for the purpose of fulfilling their Order (sending a message to the Seller about ordering the Goods sending advertising messages etc.).

9.7. By accepting the Agreement or registering on the Website (filling out the registration form) the Buyer voluntarily agrees to the collection and processing of their personal data for the following purpose: the data that becomes known will be used for commercial purposes including for processing orders for the purchase of goods receiving information about an order sending advertising and special offers information about promotions discounts or any other information about activities on the Website by telecommunications (e-mail mobile communications messengers).

9.8. The Buyer may at any time exercise their rights in accordance with the Applicable Law on the Protection of Personal Data including the right to receive confirmation of the collection processing and storage of their personal data and also to withdraw consent to such processing by sending an e-mail to the address indicated in the "Contacts" section on the Website.

9.9. Please see the Mandatory Documents for more information on the processing of Personal Data and the use of cookies.

Final Provisions

9.10. From the moment of conclusion of the Agreement all previous written or oral agreements between the Parties or statements regarding the subject of the Agreement shall become null and void.

9.11. Severability. If any of the provisions of this Agreement is deemed invalid illegal unenforceable or impossible to fulfill in any respect and if it does not adversely affect the interests of the Parties:

  • (i) such provisions shall not be deemed valid by the Parties and shall not be an integral part hereof; and
  • (ii) all other provisions of this Agreement shall remain in full force and effect. The Parties waive the provision of the law according to which any provision of this Agreement may be deemed invalid illegal or unenforceable if this is permissible by the Applicable Law.

 

9.12. The section headings hereof are provided solely for the convenience of viewing and should not be used to interpret the Agreement. The use of the singular is considered to include the plural and vice versa.

9.13. Assignment of claim and/or conversion of the Buyer's debt hereunder to third parties is allowed only subject to the written consent of the Seller.

10. DETAILS

SOLE PROPRIETOR Vovkotrub Galyna

Registered and operating under the laws of Ukraine

Taxpayer registration identification card number: 2520341205

 

E-mail: minimalista.conceptstore@gmail.com

Website: www.minimalista-store.com

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