Individual Entrepreneur KHAVANOVA ANASTASIA VITALIYIVNA (tax payer registration number 3462613720) (hereinafter referred to as the Seller) offers any individual (hereinafter referred to as the Buyer) to enter into a Public Purchase Agreement under the terms defined in this document.
1. Definitions and Interpretations.
1.1 The terms and concepts used in this Agreement are understood in the meanings provided below:
• Public Agreement – this transaction between the Seller and the Buyer regarding the transfer of goods into the ownership of the Buyer under the terms outlined in the public offer, which are the same for all Buyers, from the moment the Buyer accepts the public offer (hereinafter referred to as the Agreement).
• Public Offer – the Seller’s proposal addressed to any individual to enter into a sales agreement under the conditions set forth in the public offer and in accordance with the provisions of Article 641 of the Civil Code of Ukraine.
• Acceptance – the provision by the Buyer of a full and unconditional response to the Seller’s offer to enter into a purchase agreement by making the appropriate mark in a special form during registration on the Site or in a special form during order placement without registration.
• Site – a collection of data (texts, graphic and design elements, photos, videos, and other results of intellectual activity, computer programs) that are interconnected, contained in an information system, and provide access to this information for end users, located at: https://www.yourpostcard.shop/
• Product – the merchandise displayed on the Site and offered by the Seller for sale.
• Gift Certificate Holder – any individual to whom the Gift Certificate has been transferred by the Buyer.
• Gift Certificate – a document that enables the Buyer or the Gift Certificate Holder to receive products sold by the Seller or products from the Seller’s partners for a total value (face value) of that certificate.
1.2 The headings in this Agreement are for convenience only and do not affect the interpretation of the sections of the Agreement.
1.3 In the event that terms and concepts not defined in this section of the Agreement are used, the interpretation of such terms or concepts shall be in accordance with the text of this Agreement. If there is no unequivocal interpretation of a term or concept, such interpretation shall be based on the provisions of the current legislation of Ukraine.
2. Acceptance of the Offer.
2.1 The Agreement is considered concluded without further signing from the moment the Seller receives the Acceptance. By making the Acceptance, the Buyer also confirms that they fully understand and agree to the terms of this Agreement.
2.2 By using the Site, the user agrees to be bound by this Agreement.
2.3 If any person does not agree with this Agreement, they are obliged to immediately stop using the Site.
3. Subject of the Agreement.
3.1 Under this Agreement, the Seller transfers, and the Buyer accepts the ownership of the product and undertakes to pay for it in the manner and within the timeframes established by this Agreement.
3.2 The list and detailed description of the products are posted on the Site.
3.3 The product may differ from the product photos displayed on the Site, particularly due to color reproduction variations on different screens.
3.4 The Seller has the right to make changes and additions to the product description posted on the Site at any time.
3.5 The Buyer has the right to contact the Seller to clarify any details regarding the product by sending an email to: yourpostcard.shop@gmail.com.
4. Price of the Product and Payment Procedure.
4.1 Payments between the Parties may be made in cash and/or cashless form, by means of:
4.1.1 paying for the order using the technical capabilities of the Site with a Visa or MasterCard;
4.1.2 paying by deferred payment at the delivery service’s premises. In this case, the delivery service may charge an additional fee;
4.1.3 paying cash to the delivery service representative in the event of direct delivery.
4.2 The Buyer has the right to independently choose the payment method from the available payment options provided on the Site.
4.3 The cost of product delivery is not included in the price of the product and is paid by the Buyer directly upon receipt of the product according to the postal operator’s tariffs.
4.4 The Seller has the right to change prices unilaterally without additional notice to the Buyer. Price changes are not permitted for products that have been ordered by the Buyer and for which the Seller has sent a confirmation of receipt of the order.
4.5 The Seller undertakes to transfer the product to the postal operator for delivery to the Buyer after the Buyer has made full payment of the product cost, except in cases where the Buyer has chosen the payment methods specified in sections 4.1 and 4.1.1 of this Agreement.
4.6 The Buyer agrees that the price of the product is valid at the moment of order formation and when clicking the “Add to Cart” button. If the Buyer does not complete the order immediately, the price may change.
5. Registration Procedure on the Site.
5.1 To register on the Site, the Buyer independently fills out the registration form on the Site.
5.2 The Buyer is obliged to provide accurate and complete information about themselves, including:
5.2.1 first name and last name;
5.2.2 email address;
5.2.3 phone number.
5.3 The Buyer independently chooses a password. The password must contain 8 to 15 characters and consist of Latin letters and numbers.
5.4 The creation of the Buyer’s account is carried out automatically.
5.5 The Buyer may have only one account. If the Buyer registers more than one account, the Seller has the right to block them.
5.6 The Seller reserves the right to refuse the registration of an account.
6. Order Placement Procedure.
6.1 To place an order, the Buyer must:
6.1.1 Select a specific product on the Site;
6.1.2 Add the selected product to the cart by clicking the “Add to Cart” button;
6.1.3 Confirm the intention to purchase the specific product and specify the required quantity, then click the “Place Order” button or the “Buy in One Click” button;
6.1.4 In the case of placing an order by clicking the “Buy in One Click” button, the Buyer must provide their phone number and click the “Confirm Order” button;
6.1.5 In the case of placing an order by clicking the “Place Order” button, the Buyer must provide contact information, namely: first name and last name, email address, phone number, choose a delivery method from those available on the Site, and specify delivery details if necessary, select a payment method, and click the “Confirm Order” button. Registered Buyers on the Site must log in to the system to place an order.
6.2 An order is considered accepted by the Seller after a confirmation of receipt of the order is sent to the Buyer’s email address provided during the order placement.
7. Terms of Delivery of the Goods.
7.1 Delivery of the goods is carried out by the methods specified on the Site.
7.2 Delivery times and conditions are determined by the internal documents of the postal service operator providing the delivery.
7.3 When the Buyer returns the goods, the delivery fee for the return is non-refundable, regardless of whether the Buyer’s request for the return of the goods is granted.
7.4 In the event that the Buyer does not receive the goods for any reasons beyond the Seller’s control, including failing to appear at the postal service operator’s office to collect the goods, the Seller’s obligation to deliver is considered fulfilled, and the money paid for such goods is not refundable.
7.5 Self-pickup of the ordered goods is available at the address: Kyiv, Anna Akhmatova Street, 15, from Monday to Sunday, from 09:00 to 21:00.
8. Conditions for Termination of the Agreement, Return and Exchange of Goods.
8.1 The Buyer has the right to terminate this Agreement within 14 (fourteen) days from the date of receipt of the goods.
8.2 In the event of termination of the Agreement in accordance with clause 8.1 of this Agreement, the Buyer is obliged to return the goods by mail.
8.3 To exercise the right to terminate this Agreement, the Buyer must keep the goods in their original condition and not use them.
8.4 The Seller, in the event of termination of this Agreement, is obliged to refund the amount paid for the goods to the Buyer’s bank card used for payment within 30 (thirty) calendar days from the moment the Buyer notifies the Seller of the termination of the agreement.
8.5 The Buyer has the right to exchange goods of proper quality within 14 (fourteen) days from the date of receipt of the goods if the goods do not satisfy them in terms of shape, dimensions, color, size, or for other reasons cannot be used for their intended purpose.
8.6 The Buyer has the right to exchange the purchased goods of proper quality for similar ones or to choose another available item within 14 (fourteen) days from the date of receipt of the goods. If the price of the chosen item differs from the price paid for the exchanged goods, the Parties will make the necessary adjustments.
8.7 In the case of exchanging goods, the Buyer bears the costs associated with the postal shipment of the goods from the Buyer to the Seller and the shipment of another item from the Seller to the Buyer.
8.8 In the event that defects are discovered during the established warranty period, the Buyer has the right to demand, in accordance with the procedures and timelines established by law:
8.8.1 a proportional reduction of the price;
8.8.2 free-of-charge rectification of the defects in the goods within a reasonable time;
8.8.3 reimbursement of expenses incurred to eliminate the defects in the goods.
8.9 In the event of discovering significant defects during the established warranty period, caused by the manufacturer (seller) of the goods, or falsification of the goods, confirmed by the findings of an examination, the Buyer has the right to demand:
8.9.1 termination of the agreement and a refund of the amount paid for the goods;
8.9.2 replacement of the goods with the same item or a similar item from those available with the Seller.
8.10 The warranty period for the goods is 14 (fourteen) days from the date of receipt.
8.11 Goods of proper quality that are listed in the Cabinet of Ministers of Ukraine Resolution No. 172 dated March 19, 1994, are not subject to exchange or return.
9. Provisions Regarding Gift Certificates.
9.1 The purchase of a gift certificate constitutes a prepayment for goods from the Seller or products from the Seller’s partners that will be delivered (provided) in the future.
9.2 A gift certificate is not a payment document or a security.
9.3 The validity period of the gift certificate is specified on the Website. After the expiration of the validity period, the gift certificate is considered expired and is not accepted by the Seller and/or the Seller’s partners.
9.4 Each gift certificate contains a unique code. In the absence of and/or damage to the unique code (or its part), the gift certificate becomes invalid and is not accepted by the Seller and/or the Seller’s partners.
9.5 To activate (use) the gift certificate, the Buyer or the Holder of the gift certificate must, within the validity period of the certificate:
9.5.1 enter the unique code of the gift certificate in the designated field on the Website;
9.5.2 present the original gift certificate at the pickup point;
9.5.3 contact the Seller’s partners.
9.6 In the event that the cost of the goods from the Seller or the products from the Seller’s partners selected by the Buyer or the Holder of the gift certificate is less than the face value of the gift certificate, the difference is not refundable.
9.7 In the event that the cost of the goods from the Seller or the products from the Seller’s partners selected by the Buyer or the Holder of the gift certificate exceeds the face value of the gift certificate, the Buyer or the Holder of the gift certificate has the right to make an additional payment.
9.8 In the event of loss or damage to the gift certificate, the Seller does not reissue it.
9.9 The Seller has the right to refuse to accept the gift certificate for the following reasons:
9.9.1 the gift certificate does not contain or contains a damaged unique code.
9.9.2 the gift certificate is counterfeit.
9.9.3 it is impossible to determine whether the presented gift certificate is original.
9.10 The gift certificate may only be used once.
9.11 The gift certificate is not personalized and can be used by any person who presents it.
10. Force Majeure.
10.1 The Parties shall not be held liable for failure to perform or improper performance of obligations under this Agreement if such failure or improper performance is a result of force majeure circumstances.
10.2 For the purposes of this Agreement, force majeure circumstances are understood to mean extraordinary and unavoidable circumstances that objectively impede the fulfillment of obligations provided for by the terms of this Agreement, the list of which is included in Part 2 of Article 14-1 of the Law of Ukraine “On Chambers of Commerce and Industry in Ukraine,” as well as technical circumstances that lead to technical failures and disrupt the normal operation of the Website.
10.3 The Party affected by force majeure must inform the other Party of the occurrence of such circumstances no later than 2 (two) working days from the moment of their emergence.
10.4 After the force majeure circumstances have ended, the affected Party must notify the other Party of their cessation within 2 (two) working days and also inform them of the time frame within which the affected Party intends to fulfill their obligations.
10.5 Adequate and sufficient confirmation of the occurrence of force majeure for one of the Parties is a certificate of force majeure circumstances issued by the Chamber of Commerce and Industry of Ukraine.
11. Dispute Resolution Procedure.
11.1 All misunderstandings, disagreements, and disputes that may arise between the Parties during the conclusion, interpretation, or execution of this Agreement shall be resolved by the Parties through negotiations.
11.2 The Buyer has the right to send a complaint to the Seller via email at: yourpostcard.shop@gmail.com. The timeframe for considering the complaint is 30 days.
11.3 In the event that the Parties are unable to resolve any misunderstandings, disagreements, or disputes through negotiations, they shall be settled in court in accordance with the procedures established by the current legislation of Ukraine, with the application of substantive and procedural norms of Ukrainian law.
12. Other Provisions.
12.1 If any provision of this Agreement is declared invalid by any competent state authority of Ukraine, this shall not affect the validity or enforceability of any other terms of this Agreement, which shall remain fully valid unless otherwise provided by the legislation of Ukraine.
12.2 The Buyer agrees to receive informational materials, including those of a marketing nature, containing information about the Seller’s activities.
12.3 Amendments to the terms of the Agreement shall take effect from the moment they are posted on the Website.
12.4 If the Buyer makes payment for the Seller’s goods or performs any other actions after amendments have been made to this Agreement, the Buyer thereby agrees to such changes and consents to perform the terms of the Agreement in its new edition.
12.5 By accepting this Agreement, the Buyer also agrees to the Privacy Policy.
12.6 The Buyer agrees to receive informational materials, including those of a marketing nature, containing information about the Seller’s activities.
Seller’s details:
Individual Entrepreneur
PE ANASTASIIA VITALIIVNA KHAVANOVA 02055, Kyiv, Anny Akhmatovoi St., BUILDING 15, APARTMENT 113
UA603220010000026001340057795 JSC “Universal Bank” Bank Code: 322001 Tax Identification Number (TIN) 3462613720