PUBLIC CONTRACT
purchase and sale of goods

(The version of the Agreement is valid as of April 12, 2023)

This document is an official proposal (public offer) to conclude an agreement on the following conditions, which in accordance with Art. 633 of the Civil Code of Ukraine is carried out by an indefinite circle of persons INDIVIDUAL ENTREPRENEUR SOLOSHENKO ARTEM ANATOLIIOVYCH (hereinafter referred to as the "Seller"), duly registered in accordance with the legislation of Ukraine.

1. TERMS AND DEFINITIONS

1.1. In this Public Agreement (hereinafter referred to as the "Agreement") and the outgoing or related relations of the Parties, the terms having the following definitions are used:

1.1.1. Seller - Individual entrepreneur Soloshenko Artem Anatolyevich, registered and acting in accordance with the legislation of Ukraine, and sells the Goods through the Seller's Site.

1.1.2. Buyer - an individual or legal entity with full civil capacity, who applied in the manner prescribed by this agreement to the Seller to purchase goods through the Seller's Site.

1.1.3. Goods - clothing, souvenirs and other goods, information about which are given on the Seller's Website, offered for sale on the terms set forth on the Seller's Website.

1.1.4. Parties - joint naming used in the Agreement to refer to the Seller and the Buyer.       

1.1.5. Seller's website is a web page on the Internet at the address: https://fashion-ai.com.ua, which is the source of informing Buyers about the Seller and the Goods sold by him.

1.1.6. Public Agreement or Agreement - an official offer of the Seller, addressed to an unlimited circle of persons in accordance with the legislation of Ukraine on the conclusion of this Contract for the sale of the Goods in accordance with certain conditions, posted at the link: https://fashion-ai.com.ua/ugoda-korustuvacha.

1.1.7. Acceptance is a legally significant action, which results in the full, unconditional and unconditional acceptance by the Buyer of the terms of the Agreement.

1.2. The headings in this Agreement are provided for convenience only and do not affect the interpretation of the clauses of the Agreement.

2. GENERAL PROVISIONS

2.1. This Agreement is a public agreement, within the meaning of Art. 633 of the Civil Code of Ukraine, which is considered concluded between the Seller, on the one hand, and the Buyer, on the other hand, from the moment the Buyer accepts this Agreement.

2.2. The Goods presented on the Seller's Website may be sold to the Buyer only after the Buyer has accepted the Agreement. Acceptance of this Agreement is made by the Buyer by placing an order for the Goods or by registering the Buyer on the Seller's Website. By registering on the Seller's website or placing an order for the Goods, the Buyer confirms that he is familiar with the terms of this Agreement and accepts all its terms and conditions without exception.

3. SUBJECT OF THE CONTRACT

3.1. The Seller undertakes, on the terms and in the manner prescribed by this Agreement, to sell the Goods in accordance with the Buyer's accepted for execution and paid orders, and the Buyer is obliged to pay the cost of the ordered Goods to the Seller.

3.2. The order can be carried out by the Buyer both electronically (through placing an order on the Seller's website, or by e-mail) and orally (by phone, including using messenger programs).

3.3. The Seller guarantees that the Goods are not pledged, are not subject to litigation, are not under arrest and are not subject to the rights of third parties.

3.4. By concluding this Agreement, the Parties confirm that this agreement is not a fictitious, false transaction, an agreement that is carried out under the influence of violence or deception.

3.5. The Seller confirms that he has all the necessary permits to carry out economic activities regulating the sphere of legal relations arising and operating in the course of execution of this Agreement, and also guarantees that he has the right to sell the Goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine.

4. TERMS OF USE OF THE SELLER'S WEBSITE. THE PROCEDURE FOR ORDERING GOODS

4.1. The Buyer makes a free choice of the Goods on the Seller's Website. Before ordering the Goods, the Buyer undertakes to familiarize himself with the rules of delivery and payment for the Goods, as well as the conditions for its return.

4.2. When ordering the Goods or registering on the Seller's Site, the Buyer must specify the following data:

- Name (name if the Buyer is a legal entity);

- Phone number;

- E-mail address;

- Address for delivery of the Goods.

If necessary, the Buyer has the right to leave additional comments to the order.

4.3. The buyer undertakes to provide true, accurate and complete information about himself. The Seller is not responsible for the accuracy and correctness of the information entered by the Buyer when registering on the Seller's website or ordering the Goods.

4.4. After placing an order on the Seller's Website, the Seller's manager, who organizes the execution of the order, may contact the Buyer in order to clarify the details of the order of the Goods.

4.5. If the Seller does not have the ordered Goods in the warehouse at the time of placing the order or the required quantity of the ordered Goods, or the sale of the Goods is impossible for other reasons, the Seller informs the Buyer by phone call, or messenger, or e-mail. The Buyer has the right to agree to accept the Goods in the expected time and in quantity available from the Seller, or to cancel this item of the Goods from the order. In case of failure to receive a response from the Buyer within 1 (one) business day, the Seller reserves the right to cancel this Product from the order, or the entire order of the Buyer.

4.6. The information posted on the Seller's Website is for informational purposes only. The appearance of the Goods may differ from the images presented on the Seller's Website. The discrepancy between the appearance and completeness of the real Goods with the image and description on the Seller's Website is not an indicator of inadequate quality of the Goods.

4.7. The Buyer may request additional information about the Product by contacting the Seller through the means of communication indicated on the Seller's Website. By ordering the Goods, the Buyer confirms that the Seller provided him with all the information that was necessary for the Buyer to select and purchase the Goods.

4.8. The Buyer undertakes not to disclose to third parties the data for access to the Seller's Site, specified by him during registration.

4.9. The Buyer is responsible for any actions performed on the Seller's Site, under his account and on his behalf.

4.10. The Seller has the right to refuse the Buyer to execute and / or execute the order if the Seller has reason to believe that the Buyer indicated inaccurate data when placing the Order.

4.11. The Seller has the right to refuse the Buyer to execute and / or execute the order in case of violation by the Buyer of the terms of this Agreement.

4.12. The Seller has the right to temporarily suspend receiving orders of the Goods from the Buyer in case of technical problems that do not allow accepting the order of the Goods, or temporary suspension of production of the Goods, absence of the Goods in stock, suspension of the Seller's activities and for other reasons that objectively make it impossible to sell the Goods.

4.13. The Seller's website allows the Buyer to view and download materials posted on it only for personal non-commercial use, provided that the Buyer retains all copyright information and other information about intellectual property rights contained in the source materials and any copies thereof. It is prohibited to modify the materials of the Seller's Site, as well as distribute or display them in any form or use them in any other way for public or commercial purposes. Any use of these materials on other sites or computer networks is prohibited.

5. PAYMENT FOR GOODS

5.1. The prices for the Goods are indicated on the Seller's Website for each individual assortment unit of the Goods. Prices for the Goods are indicated in UAH.

5.2. The price of the Goods on the Site may be changed by the Seller unilaterally until payment.

5.3. The Goods can be paid by the Buyer in the following order:

– by full prepayment of 100% of the cost of the ordered Goods. Through payment using electronic payment systems on the Seller's Website (Liqpay, Novapay, Privat 24, etc.). When choosing a method of payment, the Buyer may be charged a commission in the amount set by the payment system operator.

6. DELIVERY OF GOODS. RETURN OF GOODS

6.1. The Goods can be delivered to the Buyer under the conditions specified on the Seller's Website, namely:

6.1.1. Delivery of the Goods by the carrier "Nova Poshta" to the branch selected by the Buyer when placing the order. The cost of delivery of the Goods in this way is not included in the price of the Goods. Delivery is carried out within the terms specified by the carrier. Payment for delivery is made by the Buyer at the current rates of the carrier "Nova Poshta".

6.1.2. Pickup of the ordered Goods by the Buyer to the address specified when placing the order.

6.2. The Buyer independently chooses the method of delivery of the Goods when placing an order. 

6.3. When self-picking up the Goods, the Buyer is obliged to present to the representative of the Seller a document confirming the fact of payment for the Goods (payment order, payment receipt, etc.).

6.4. The moment of transfer of ownership of the Goods is the moment of its actual receipt by the Buyer. The Seller may confirm the fulfillment of the obligation to transfer the Goods to the Buyer by providing a settlement document (fiscal check, sales receipt, invoice, etc.). The Seller has the right to provide a settlement document in printed form at the time of receipt by the Buyer of the Goods, or by sending it electronically (to the e-mail address or telephone number specified by the Buyer when registering on the Seller's Website or when placing an Order).

6.5. The Seller is obliged to transfer to the Buyer the Goods, the quality of which meets the requirements of current legislation.

6.6. The Buyer is obliged to check the compliance of the Goods with the order by quantitative and qualitative characteristics. Acceptance by the Buyer of the Goods at the place of delivery confirms the absence of claims to the Goods.

6.7. Clothing is presented on the Seller's Website among the groups of Goods. The buyer, ordering such Goods, confirms that he is familiar with the norms of the Resolution of the Cabinet of Ministers of Ukraine dated 19.03.1994 No. 172, according to Annex No. 3 of which, clothes are included in the list of non-food products of proper quality that cannot be exchanged (returned) if they do not satisfy consumers for any reason.

7. RESPONSIBILITY OF THE PARTIES

7.1. The parties shall bear the responsibility stipulated by the current legislation of Ukraine.

7.2. The Parties shall not be liable for violation of their obligations under this Agreement, if it occurred through no fault of their own. A party is presumed innocent if it proves that it has taken all measures in its power to properly perform the Agreement.

7.3. The Parties shall not be liable to each other for indirect damage (including lost profit) caused by non-fulfillment/improper fulfillment of the terms of this Agreement.

7.4. The seller is not liable if this was due to force majeure. Force majeure circumstances mean: fires, earthquakes, other natural phenomena, natural disasters, actions of third parties, hostilities, adoption of legislative acts and other circumstances beyond the control of the Seller that make it impossible for the Seller to fulfill its obligations under the Agreement in a timely, complete and proper manner.

7.5. In case of violation by the Buyer of the terms of this Agreement, the Seller has the right to refuse the Buyer to execute and / or execute the Buyer's order. In this case, the Seller is released from any liability to the Buyer for the consequences of such refusal.

8. TERM OF THE AGREEMENT AND CONDITIONS FOR ITS TERMINATION OR AMENDMENT

8.1. This Agreement is public, valid from the moment of its Acceptance by the Buyer and is valid until its full performance or withdrawal by the Seller in the manner provided for in clause 8.3. Contract. 

8.2. This Agreement is publicly communicated to all Buyers by posting (publishing) it on the Seller's Website.

8.3. The Seller reserves the right to amend the terms of the Agreement and / or withdraw the Agreement at any time at its discretion. In case of amendments to the Agreement, such changes come into force from the moment of posting the relevant notice on the Seller's Website. By ordering the Goods or making an Acceptance after amending this Agreement, the Buyer agrees with such changes and agrees to fulfill the terms of the Agreement in a new edition. In case of withdrawal of the Agreement by the Seller during the term of the Agreement, the Agreement is considered terminated from the moment of withdrawal, unless otherwise agreed by the Seller.

9. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

9.1. By accepting this Agreement, the Buyer authorizes the collection, processing, storage by the Seller of the Buyer's personal data and their distribution by the Seller in accordance with the provisions of the Law of Ukraine "On Protection of Personal Data" in order to ensure the possibility of fulfilling the terms of this Agreement, for mutual settlements, as well as for the delivery of the Goods to the Buyer and informing the Buyer about the Seller's advertising offers. Permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. The Buyer has the right to withdraw consent to the processing of personal data by submitting a written application to the Seller. In addition, by concluding this Agreement, the Buyer confirms that he is notified (without additional notice) of the rights established by the Law of Ukraine "On Protection of Personal Data", of the purposes of data collection, as well as that his personal data is transferred to the Seller in order to fulfill the terms of this Agreement, the possibility of mutual settlements, as well as to deliver the Goods to the Buyer and inform the Buyer about the Seller's advertising offers. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notice to the Buyer in order to perform this Agreement, without changing the purpose of personal data processing, including postal operators delivering the Goods.

9.2. The following categories of personal data of individuals and information provided by these persons about themselves are processed, in particular: last name, first name, patronymic, bank details, electronic identification data (email address, telephone number), address for delivery of the Goods. The Seller receives the Buyer's personal data from open sources, as well as directly from the Buyer in documents or notifications submitted by the Buyer in the name of the Seller, including when filling in the fields on the Seller's Website when registering or placing an order by the Buyer.

9.3. The Buyer agrees that the Seller has the right to use the Buyer's personal data, including, but not limited to, for the purposes of notifying the Buyer about the Goods and the Seller's promotional offers by SMS, electronic messages (including in instant messengers), etc.

9.4. The buyer confirms that he is familiar with his rights in accordance with Article 8 of the Law of Ukraine "On Protection of Personal Data". The scope of the rights of the Buyer as a subject and owner of personal data in accordance with the Law of Ukraine "On Protection of Personal Data" is known and understood by him.

10. FINAL PROVISIONS

10.1. By concluding this Agreement, the Buyer automatically agrees with the full and unconditional acceptance of the provisions of this Agreement.

10.2. The Agreement enters into force from the moment the Buyer accepts the Agreement and is valid until the Parties fully fulfill their obligations.

10.3. The Seller reserves the right to amend this Agreement without any special notice to the Buyer by posting a new version of the Agreement on the Seller's Website. The new version of the Agreement comes into force from the moment it is posted on the Seller's Website, unless otherwise provided by the new version of the Agreement.

10.4. The recognition of any provision or clause of this Agreement as invalid does not affect the validity of the remaining provisions and conditions of the Agreement.

10.5. The Parties certify that this Agreement is concluded with full understanding by the Parties of its terms and terminology in compliance with all essential requirements necessary for the validity of the transaction.

10.6. Proper notification and communication of information to the Buyers specified in this Agreement is considered to be the placement of relevant information on the Seller's Website.

11. DETAILS OF THE SELLER

INDIVIDUAL ENTREPRENEUR SOLOSHENKO ARTEM ANATOLIIOVYCH

Address: 03037, Kyiv, Ave. Lobanovskogo, bud. 4G,sq. m. 63

EDRPOU code 3111616635

Phone:  +38 (093) 321 5451

e-mail: support@fashion-ai.com.ua