PUBLIC OFFER AGREEMENT
Date of publication: October 23, 2024
This Offer is an official proposal from Sole Proprietor Lazutchenkov Serhii Mykhailovych, EDRPOU code 2946823112, registered at: Ukraine, 77111, Ivano-Frankivsk region, Burshtyn, 2-A Shukhevych St., apt. 31 (hereinafter referred to as the “Contractor”), to enter into a Service Agreement and/or a Sales Agreement for goods that are published online, including but not limited to the Contractor’s pages on Instagram, Facebook, Telegram channels, and chats, or otherwise made publicly available on the Internet (hereinafter collectively or separately referred to as the “Website” or “Site”).
The moment of full and unconditional acceptance of the Contractor’s offer by the Customer (acceptance) shall be deemed to occur at the moment of payment for the services under the terms of this Agreement.
This Agreement is also considered concluded upon the Customer’s performance of conclusive actions, including but not limited to:
• Checking the box confirming “I have read and agree with the public offer” or an equivalent statement,
• Making a payment via invoice or online payment system,
• Receiving access to services online (live or recorded) or attending an offline event.
Please carefully read this Agreement, as it governs your use of the Site and the terms of ordering and providing services by the Contractor. By using the Site, you agree and undertake to comply fully with its terms.
By accepting this Offer, you agree to all the terms set out below, confirm that you understand all its provisions, and enter into this Service Agreement under these conditions.
If you do not agree with the terms of this Offer, please do not order or pay for the services offered on this Site.
If any provisions are unclear, please contact us by sending an email to: [insert email address].
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1. TERMS AND DEFINITIONS
For the purposes of this Offer, unless the context requires otherwise, the following terms shall have the meanings given below:
• Services – informational and other individual services provided by the Contractor to the Customer.
• Tariff – a set of services with different levels of content and volume, which accordingly differ in price. The number of tariffs and their content are specified on the Site.
• Price – the cost of goods and services determined by the Contractor and displayed on the Site or communicated through private messages sent to the Customer.
• Online Store – as defined by the Law of Ukraine “On Electronic Commerce,” a means for presenting or selling goods, works, or services via electronic transactions.
• Contractor – an entity selling goods and services presented on the Site.
• Order – the selection of specific items from the list of goods or services specified by the Customer during the ordering process and upon payment.
• Verified Communication Means – any communication channels agreed upon by the Parties that guarantee message delivery. A means of communication is considered verified when one Party sends a message, and the other Party responds, confirming receipt. Verified communication means for the purposes of this Agreement include email, well-known messaging apps (such as WhatsApp, Telegram, Viber), phone calls by prior arrangement, and any other means of communication agreed upon by both Parties.
• Customer – a legally capable individual who has reached the age of 18 and receives information from the Contractor, places an order on the Site for purposes unrelated to business activities, or a legal entity or sole proprietor who orders and pays for the Contractor’s services.
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2. SUBJECT OF THE AGREEMENT
2.1. The Contractor undertakes to transfer ownership of the goods to the Customer or provide services, and the Customer undertakes to accept and pay for the goods or services under the terms defined in this Offer.
2.2. The cost of services and the procedure for their provision are determined on the Site and/or in the Contractor’s social media accounts or private messages sent to the Customer by the Contractor.
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3. ORDERING PROCEDURE
3.1. This Agreement is concluded as an adhesion contract (Article 634 of the Civil Code of Ukraine) and is deemed concluded upon the Customer’s acceptance of the public Offer.
3.2. By accepting this public Offer, the Customer confirms full acceptance of its terms.
3.3. The Customer accepts (agrees to) the Offer by performing conclusive actions, namely: paying for goods or services provided by the Contractor.
3.4. The written form of this Agreement, according to the Law of Ukraine “On Electronic Commerce,” may also be confirmed by sending an electronic letter.
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4. PRICE AND PAYMENT TERMS
4.1. The price of services and goods is determined based on the Customer’s selected type and scope of services or goods.
4.2. Payments are made via bank transfer to the Contractor’s settlement account, through online payment systems used by the Contractor on the Site, or via other payment methods designated by the Contractor.
4.3. The Customer is responsible for any payment system commissions.
4.4. Payment is deemed completed at the moment the funds are credited to the Contractor’s account.
4.5. Payments are made in Ukrainian Hryvnia (UAH).
4.6. The standard payment model is 100% prepayment, unless otherwise specified by the Contractor.
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5. DELIVERY TERMS
5.1. Processing Time:
• Orders are shipped within four (4) business days from the payment date, except for pre-order items.
• Processing and shipping may take 5-6 business days during holiday seasons, new collection launches, and seasonal sales.
5.2. Domestic Delivery (Ukraine):
• Orders are delivered via Nova Poshta or another courier service selected by the Customer from the available options on the Site.
• Delivery takes 1-3 days from the date of shipment.
• Delivery costs are covered by the Customer according to the rates of the selected courier service.
5.3. International Delivery:
• Orders are shipped via the courier service selected by the Customer from the Site’s available options.
• The Customer covers the shipping costs.
• Customs duties and import taxes, if applicable, are the sole responsibility of the Customer.
5.4. Important Notes:
• The Contractor does not deliver orders to Russia or Belarus.
• Due to the current situation in Ukraine, international postal services may operate with delays.
• The Contractor is not responsible for customs duties, import taxes, or delays caused by postal services or customs regulations in the recipient’s country.
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6. EXCHANGE AND RETURN POLICY
6.1. The Customer has the right to return or exchange a purchased item of proper quality if it does not meet their expectations regarding color, style, or size, or for other reasons.
6.2. Exchange is possible for an identical item in a different size, subject to availability, or for another item from the available assortment.
6.3. Conditions for Return and Exchange:
The Customer may return an item provided that:
• It has not been worn;
• It has not been used for photo or video shoots;
• It has not been altered (washed, dry-cleaned, tailored, cut, etc.);
• It retains all original tags and labels;
• It has no signs of wear, stains (including deodorant or foundation marks), or foreign odors (including deodorant or perfume).
6.4. The Customer has the right to cancel a distance sales contract by formally notifying the Contractor (by submitting the appropriate form) and returning or exchanging the purchased item within 14 calendar days from the date of delivery to the courier service or to the Customer’s address.
6.5. Non-returnable items:
Items made to order (customized products) cannot be returned or exchanged (Article 13(5) of the Law of Ukraine “On Consumer Protection”).
6.6. Items delivered outside of Ukraine may only be returned or exchanged with the Contractor’s approval.
6.7. Non-returnable categories include:
• Jewelry;
• Underwear and socks;
• Gift certificates presented on the Site.
6.8. Return shipping costs
All transportation costs associated with exchanges or returns are covered by the Customer.
6.9. If the Customer underdeclares the value of the item when returning it, they agree to receive only the declared amount in compensation from the courier service in case of damage or loss of the parcel.
6.10. The Contractor processes exchanges within three (3) business days from receiving and inspecting the returned item, provided the replacement item is available.
6.11. Refund Policy:
The Contractor will refund the Customer within seven (7) business days from the date of receiving the returned item.
6.12. The Contractor reserves the right to deny a return or exchange if any of the stated conditions are violated.
6.13. Return Procedure:
To initiate an exchange or return, the Customer must send a request to the following email: [insert email address].
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7. TERMS OF SERVICE PROVISION
7.1. The Services are provided as follows:
• Online services: Access to pre-recorded or live-streamed informational services via an online platform specified by the Contractor, upon full payment by the Customer, at the time indicated by the Contractor, within the term of this Agreement.
• Offline services: Conducting consultations, group sessions, and other formats of informational services at the location and time specified by the Contractor.
7.2. The Customer understands that:
• Online services are deemed delivered in full when the Contractor grants access to the materials or provides a link to an online session.
• Offline services are deemed delivered in full when the Contractor or their representative is present at the designated location and time and provides the information.
7.3. The Contractor is not responsible if the Customer misses an online session or fails to attend an offline event.
7.4. If the Customer notifies the Contractor in writing at least 5 business days in advance that they cannot attend an offline event, they may transfer their payment toward other services of the Contractor within one (1) month from the date of notification.
7.5. If services cannot be provided due to internet access issues, the Contractor may reschedule the service and inform the Customer accordingly.
7.6. The Contractor does not guarantee any specific results from the services provided, as the outcome depends on the Customer’s actions and efforts.
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8. OBLIGATIONS OF THE PARTIES
8.1. Contractor’s Obligations:
8.1.1. Provide the Customer with services or deliver goods in accordance with the terms of this Agreement.
8.1.2. Comply with the terms of this Agreement.
8.2. Customer’s Obligations:
8.2.1. Accept and pay for the goods or services in accordance with this Agreement.
8.2.2. Use the services personally, without transferring access to third parties, copying, or reproducing materials in any way. In case of violation, the Contractor has the right to terminate the Agreement unilaterally, and the Customer agrees to pay a penalty equal to 200% of the service cost.
8.2.3. Comply with the terms of this Agreement.
8.2.4. Adhere to the Rules of Service Provision, including respectful communication with the Contractor, representatives, and other customers. Harassment, advertising, offensive language, and any behavior violating moral and legal norms are prohibited.
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9. INTELLECTUAL PROPERTY RIGHTS
9.1. All intellectual property rights to the Website, informational materials, and designs belong to the Contractor.
9.2. The Customer acknowledges that purchased items are designer pieces, uniquely developed by the Contractor. The cut, fabric treatment, materials, and design are protected by intellectual property law.
9.3. The Customer agrees not to copy, reproduce, or create derivative works of the Contractor’s designs for commercial or personal use without written consent.
9.4. If the Customer publicly showcases the purchased items (e.g., at fashion shows, presentations, or media events), they must credit the designer (Contractor) in an agreed-upon format.
9.5. Unauthorized use of the Contractor’s designs or materials may result in legal liability, including compensation for damages.
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10. DISPUTE RESOLUTION
10.1. All disputes arising from this Agreement shall be resolved through negotiations between the parties.
10.2. If a dispute cannot be resolved amicably, it shall be settled in accordance with the laws of Ukraine.
11. OTHER PROVISIONS
11.1. By acceding to this Agreement, the Customer grants the Contractor the right and unconditional consent to collect, process, and store their personal data in accordance with the Law of Ukraine “On Personal Data Protection.”
In addition, by entering into this Agreement, the Customer confirms that they have been informed (without further notification) of their rights under the Law of Ukraine “On Personal Data Protection,” of the purposes of data collection, and that their personal data is transferred to the Contractor for the purposes of fulfilling this Agreement, performing settlements, issuing invoices, acts, and other documents, as well as for maintaining feedback, sending correspondence, notifications, and information (including advertising and informational materials), maintaining databases (including contacts, visitors, etc.), conducting statistical, marketing, sociological, and other research, preparing agreements and other documents required within the scope of the legal relationship between the Parties, ensuring confidentiality, informing the Customer via email and other electronic means about news and services, providing access to services and/or materials on the Website, advertising, promotion, and providing information about the Contractor’s services, administering the Website, and for internal processes including error correction, data analysis, testing, research, statistics, and surveys.
If the Customer does not wish to receive advertising and/or informational messages, they may opt out at any time by sending an email to: [insert email address] with the subject line “Unsubscribe.”
11.2. The Customer also agrees that the Contractor has the right to grant access to and transfer their personal data to third parties without additional notice for the purpose of fulfilling orders or sending informational messages. The Customer confirms that they are aware of their rights as a data subject under the Law of Ukraine “On Personal Data Protection.”
11.3. If the Customer wishes to cease the use and processing of their personal data after the execution of this Agreement, they may withdraw their consent by sending an email to: [insert email address] with the subject line “Withdrawal of consent for data use and processing.”
11.4. By acceding to this Agreement, the Customer grants the Contractor the right to publish the Customer’s feedback, results, and cases on the Internet and social networks. The Customer consents to the use of their name, photo, video image, feedback on the provided services, and other data obtained by the Contractor during the provision of services. If the Customer does not agree to the use of their name, image, or other data, they must notify the Contractor in writing by sending an email to: [insert email address].
11.5. The Customer is responsible for the accuracy of the information provided when placing an order.
11.6. The Contractor may amend the terms of this Agreement unilaterally, provided that the updated version is published on the Website in advance.
11.7. If any provision of this Agreement is deemed invalid or inconsistent with applicable law, all other provisions shall remain valid and binding on both Parties.
11.8. Unless otherwise provided in this Offer, the general contractual provisions established by the laws of Ukraine shall apply.