Public agreement (offer)

Individual entrepreneur Oleksii Ivanov

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This Agreement, by Article 633 of the Civil Code of Ukraine, regulates the procedure for the provision of services and/or sale of goods to an individual or legal entity (hereinafter referred to as the Buyer) by the ecowalnut.shop Internet service, which is legally owned by Individual entrepreneur Oleksii Ivanov, a legal entity created and registered under the laws of Ukraine (hereinafter referred to as the Seller).

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1. General Provisions

1. The Seller offers this Agreement to an unlimited number of individuals and legal entities.

2. Under this Agreement, the Seller provides Buyers with services for the production of souvenir products from wood and metal (shelves, organizers, boxes, and other products).

3. The moment of entry of the Buyer into contractual relations with the Seller is considered to be the moment of ordering goods and services (manufacturing products from wood and metal), regardless of the method of ordering and form of payment. If necessary, at the request of the Buyer, the Agreement can be drawn up in writing.

4. The Seller undertakes to transfer the ownership of the goods and provide the service to the Buyer, and the Buyer undertakes to pay for and accept the goods and/or service under the terms of this Agreement.

5. By accepting this Agreement, the Buyer confirms that:

• the Buyer is an adult, legally capable person, aware of his/her actions and controlling them;

• the Buyer's actions are truly aimed at receiving the Seller's services, they do not contain malicious intent, fraudulent intentions, attempts to disrupt the normal functioning of the Seller, to gain unauthorized access to information that is the intellectual property and/or trade secret of the Seller, to discredit the Seller or other persons;

• the Buyer's actions do not violate the intellectual property rights of third parties;

• the contact information provided by the Buyer is correct, complete, and up-to-date;

• when making payments in favor of the Seller, the Buyer has all legal rights to make such payments.

 

2. Quality of the Seller's services and goods. Force Majeure

1. All services and goods provided are provided on an "as is" basis.

2. The equipment and technical systems used by the Seller may include undetected technical errors, which may result in the impossibility of fulfilling the order, its improper or untimely fulfillment. In addition, the impossibility of fulfilling the order or its untimely or improper fulfillment may be caused by circumstances caused by the human factor or circumstances of force majeure. Such circumstances include, in particular, wars, civil unrest, actions of state authorities, and local governments, fire, flood, earthquake, other natural disasters, lack of electricity and/or computer network failures, strikes, quarantine, etc. In the event of force majeure, the established deadlines for the fulfillment of obligations by the Seller are postponed for the period during which the circumstances that have arisen are in effect.
    

3. Liability. Limitation of Liability

1. The Seller acts in the interests of its buyers. In the event of a dispute between the Seller and its Buyer, or with the participation of third parties, the Seller will take all possible measures to protect the legitimate interests of the Buyers.

2. The Seller shall not be liable for a breach of obligations under this Agreement if such breach was caused by the actions of the Buyer or another third party.

3. The Seller shall under no circumstances be liable to the Buyer for damage, forced interruptions in work, loss of business or other data or information, claims or expenses, indirect or incidental damages, as well as lost profits and lost savings caused by the use of or associated with the use of services or goods, as well as for damage caused by possible errors and typos, as well as for any claims from third parties.

4. The Seller shall be liable solely to the extent of the amounts received from the Buyer as payment for goods and services. The Seller does not bear and under no circumstances can bear any financial liability that goes beyond the amounts received from the Buyers as payment for goods and/or services.

5. The Seller shall not be liable for the violation of copyright and/or related rights of third parties. The Buyer confirms that all copyright and/or related rights to images and/or texts provided by the Buyer to the Seller belong to the Buyer. In the event of a violation of copyright and/or related rights of third parties, the Buyer shall be liable to them, and the Seller shall not accept claims regarding such violations.

6. The Buyer shall be solely liable for any losses and (or) other negative consequences that may arise as a result of the performance and (or) non-performance and (or) improper performance of obligations under this Agreement, the instructions of the Seller, third parties for the performance of this Agreement, including, but not limited to: errors in filling out documents drawn up under this Agreement; failure by the Buyer to comply with information security rules; incorrect indication of details in the relevant payment or other document.
    

4. Refusal to provide services and/or goods

1. The Seller reserves the right to refuse to service the Buyer if at least one of the following grounds exists:

2. the Buyer's order contains materials of an illegal or immoral nature, including, but not limited to, materials containing threats or calls for violence, murder, promoting hostility, hatred, containing pornographic images, containing personal data of third parties, promoting criminal activity, being fraudulent, and violating other rights and interests of individuals and legal entities and the requirements of the current legislation of Ukraine, or the Buyer's materials raise doubts about their legality;

3. the Buyer commits malicious actions (hacking, attack, etc.) aimed at an unauthorized change in the standard operating procedure of the Seller and its Internet services or discrediting the Seller;

4. by a court decision, as well as in other cases provided for by the current legislation.
    

5. Dispute resolution, consideration of claims

1. Disputes arising during the performance of the Agreement shall be resolved out of court. The claim shall be submitted to the Seller in writing with the provision of supporting documents substantiating the stated requirements, within no more than 20 (twenty) calendar days from the date of the cause of the dispute.

2. The Buyer has the right to send the Seller a claim regarding the quality and completeness of the souvenir products no later than 14 (fourteen) days after receiving the products. Claims shall not be considered in the following cases:

3. if the products were used by the Buyer;

4. the outer packaging of the parcel was damaged during delivery;

5. no packaging due to damage to the product;

6. products whose defects arose due to the fault of the Buyer (improper use, careless storage, etc.)

7. The Parties shall make every effort to reach an agreement on contentious issues through negotiations. If it is impossible to reach an agreement through negotiations, disputes shall be subject to consideration by the competent court at the location of the Seller.

8. For all other issues not provided for in the Agreement, the parties are guided by the current legislation of Ukraine.
    

6. Personal data

1. The Buyer permits to collect, process, and transfer personal data. The permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its validity. In addition, by agreeing, the Buyer confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", to collect data and that his data are transferred to the Seller to fulfill the terms of this Agreement, the possibility of making mutual settlements, as well as receiving invoices, acts, and other documents. The Buyer also agrees that the Seller, to fulfill the Buyer's order, has the right to provide access and transfer his data to third parties without notifying the Buyer. The scope of the Buyer's rights as a subject of personal data per the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.
    

7. Cost of services and goods

1. The prices indicated on the website https://ecowalnut.shop/ are for informational purposes only. The Seller reserves the right to change prices before the order is placed without notifying the Buyer. The final price is indicated by the manager when placing the order.
    

8. Changes and additions

1. This Agreement may be changed by the Seller and set out in a new version at any time without restrictions. The Buyer independently familiarizes himself with the new version of the Agreement.

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9. Details for payment

Bank institution: PrivatBank
MFO of the bank: 305299
Recipient of payment: Individual entrepreneur Oleksii Andriyovych Ivanov
IBAN: UA263052990000026000035011498
Recipient's account: 26000035011498
Card currency: UAH
RNOKPP of the recipient: 3334113930
Purpose of payment: Payment for goods