PUBLIC CONTRACT

PUBLIC CONTRACT (OFFER) for the order and purchase and sale of goods (goods) This contract is an official and public offer of the Seller, a natural person-entrepreneur Olena Volodymyrivna Gorbachova, to enter into a contract for the order, purchase and sale of goods (goods) presented on the site factura.gallery Given the contract is public, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status without favoring one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and conditions for placing an order, paying for the goods (goods), delivering the goods (goods), accepting the goods (goods), returning the goods (goods), as well as the terms and conditions and the procedure for responsibility for an unscrupulous order and all other terms of the Agreement. The Agreement is considered concluded from the moment of clicking the "Complete Order" button on the Seller's website, which is specified in clause 1.3 of this Agreement, and the Buyer receives an electronic confirmation of the order from the Seller.

1. Definition of terms

1.1. Public Contract (hereinafter - the "Offer") - a public offer of the Seller, addressed to an unspecified circle of persons, to conclude with the Seller an Agreement for the purchase and sale of the Goods (goods) remotely (hereinafter - the "Contract") on the terms contained in this Offer, which you are reading now.

1.2. The product (goods) is the object of the parties' agreement, which was selected and purchased by the Buyer on the Internet store website or selected and purchased in other ways, which is provided for in clause 3.1 of this Agreement.

1.3. Online store - the Seller's website at factura.gallery is created for the conclusion of retail and wholesale order and purchase agreements based on the Buyer's familiarization with the description of the Goods proposed by the Seller using the Internet on the Seller's website.

1.4. The Buyer is a legally competent natural person who has reached the age of 18, receives information from the Seller, sends an order for the purchase of Goods (goods) to the Seller presented in the online store.

1.5. The seller is FOP Gorbachova O.V., 3123610640: .

2. Subject of the Agreement

2.1. The Seller undertakes to transfer ownership of the Goods (goods) to the Buyer, and the Buyer undertakes to pay for and accept the Goods (goods) under the terms of this Agreement.

2.2. The date of conclusion of this Agreement (acceptance of the offer) and the moment of complete and unquestionable acceptance by the Buyer of the terms of the Agreement shall be considered the date when the Buyer fills out the order form located in the Online Store or by other methods specified in clause 3.1 of this Agreement, provided that the Buyer receives an order confirmation from the Seller in an electronic in the form If necessary, at the request of the Buyer, the Agreement can be executed in writing.

3. Order processing

3.1. The buyer places an order independently in the online store /or by placing an order using the phone number specified in the "Contacts" section of the online store and in the "Seller's details" section of this Agreement /or by placing an order by e-mail specified in the online store / or by writing your order in private messages on the Instagram social network to the Seller @factura.official.

3.2. The Seller has the right to refuse to transfer the order to the Buyer in the event that the information provided by the Buyer at the time of placing the order is incomplete or raises suspicions about their validity.

3.3. When placing an order with the Seller or a person authorized by him (the Seller), the Buyer undertakes to provide mandatory information necessary for the Seller to fulfill the order, which appears in the order form after clicking the (Buy) button in the online store. When placing an order by other methods specified in clause 3.1 of this Agreement, the Buyer undertakes to provide mandatory information requested by the Seller.

3.4. The name, description, size, weight, material, price and other properties of the Goods selected by the Buyer are indicated in the online store next to the Goods.

3.5. If any of the Parties to the Agreement needs additional information, this Party has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing the Goods in the online store or by other means specified in Clause 3.1 of this Agreement.

3.6. After placing the order, the Buyer's data is entered into the Seller's database, with which the Buyer agrees.

3.7. The buyer is responsible for the reliability of the information provided when placing the Order.

3.8. By entering into the Agreement, i.e. emphasizing the terms of this offer (proposed conditions for the purchase of the Product or goods), by placing an order in accordance with this Agreement, the Buyer confirms the following: a) the Buyer is fully and completely acquainted with and agrees with the terms of this Agreement (offer) unquestionably and completely; b) The buyer gives permission for the collection, processing and transfer of 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 expiration. In addition, by concluding the Agreement, the Buyer confirms that he has been notified (without additional notification) of the rights established by the Law of Ukraine "On the Protection of Personal Data", of the purposes of data collection, as well as that his personal data is transferred to the Seller for the purpose of being able to fulfill the conditions of this Agreement. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications from the Buyer for the purpose of fulfilling the Buyer's order. The extent of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.

4. Price and Delivery of the Product(s)

4.1 The prices of the Products are determined by the Seller independently and indicated in the online store. All current prices for the Goods are indicated in the online store in hryvnias.

4.2 Prices for the Goods may be changed unilaterally by the Seller depending on market conditions. At the same time, the price of a separate unit of the Product, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.

4.3. The price of the Product, which is indicated on the website of the online store, does not include the cost of delivery of the Product(s) to the Buyer. The cost of delivery of the Goods (goods) is paid by the Buyer in accordance with the current tariffs of delivery services (carriers) independently chosen by the Buyer.

4.4. The price of the Goods, which is indicated in the online store, does not include the cost of delivery of the Goods (goods) to the Buyer's address.

4.5. The Seller may indicate the approximate cost of delivery of the Product(s) to the Buyer's address when the Buyer makes a corresponding request to the Seller.

4.6. The Buyer's obligations to pay for the Goods (goods) are considered fulfilled from the moment the funds are received by the Seller on his account.

4.7. The Buyer shall pay for the Goods to the Seller by the methods specified in the online store or to the Seller's current account, which is specified in the "Seller's details and details" section.

4.8. When receiving the Goods (goods), the Buyer must check the conformity of the Goods (goods) with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, appearance, quality) in the presence of the representative of the delivery service (carrier). Upon receipt of the Product(s) by the Buyer personally from the Seller (from hand to hand), the Buyer must check the compliance of the Product(s) with qualitative and quantitative characteristics (product name, quantity, completeness, appearance, quality) in the presence of the Seller.

4.9. The Buyer or his representative during the acceptance of the Goods (goods) or receiving the Goods (goods) by the Buyer personally from the Seller (from hand to hand) confirms with his signature on the goods receipt / or in the order / or in the waybill for the delivery of goods / or in another document , which certifies the receipt of the Goods (goods), which has no claims to the Goods (goods), namely: the quantity of the Goods (goods), completeness, appearance and quality of the received Goods (goods).

4.10. The right of ownership and the risk of accidental loss or damage to the Goods (goods) passes to the Buyer or his Representative from the moment the Seller hands over the Goods (goods) to the delivery service (carrier) chosen by the Buyer, or the Buyer receives the Goods (goods) personally from the Seller (from hand to hand ).

5. Rights and obligations of the Parties

5.1. The seller is obliged to:

5.1.1. Transfer the Goods (goods) to the Buyer in accordance with the terms of this Agreement and the Buyer's order.

5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except for cases provided by law and during the execution of the Buyer's Order.

5.2. The seller has the right:

5.2.1. Change the terms of this Agreement, as well as the prices of the Goods, unilaterally, by placing them in the online store. All changes take effect from the moment of their publication.

5.3 The buyer undertakes:

5.3.1. Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller in the Online Store.

5.3.2. In order for the Seller to fulfill his obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient for the delivery of the ordered goods to the Buyer.

6. Return of Goods

6.1. The Buyer has the right to return to the Seller a non-food product of appropriate quality, if the product does not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used for its intended purpose. The buyer has the right to return goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of proper quality is carried out if it has not been used by the Buyer and there is no mechanical damage and if its appearance, consumer properties, packaging, seals, labels, as well as the settlement document issued by the Seller or the delivery service (carrier) to the Buyer for payment of the Goods (goods) have been preserved ). The list of non-returnable goods is approved by the Cabinet of Ministers of Ukraine.

6.2. The return to the Buyer of the value of the Good (goods) of proper quality is carried out within 30 (thirty) calendar days from the moment of receipt of such Good (goods) by the Seller, subject to compliance with the requirements stipulated in clause 6.1. Agreement and current legislation of Ukraine.

6.3. The cost of the Product(s) upon its return is paid by bank transfer to the Buyer's account.

6.4. Consideration of the requirements provided for by the Law of Ukraine "On the Protection of Consumer Rights" is conducted by the Seller on the condition that the Buyer provides the documents provided for by the current legislation of Ukraine in the proper form and manner.

6.5. The Seller is not responsible for the defects of the Goods (goods), which arose after its transfer to the Buyer as a result of the Buyer's violation of the rules of use or storage of the Goods (goods) / or the actions of third parties / or damage by the delivery service (carrier) / or due to accidental destruction / or due to force majeure forces.

6.6. The Buyer does not have the right to refuse the Good (goods) of proper quality, which has/have individually defined properties, if the specified Good (goods) can/can be used exclusively by the Buyer who purchased it (including, at the Buyer's request, not standard sizes, characteristics, appearance, equipment, etc.). Confirmation that the product has individually defined properties is the difference in product sizes and other characteristics specified in the Online Store.

6.7. The return of the goods in the cases stipulated by the legislation and this Agreement is carried out at the address indicated by the Seller.

7. Responsibility

7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper use, storage of the Goods (goods) / or due to the Buyer's allergy and/or intolerance to the material from which the Goods are made.

7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information, as well as due to force majeure circumstances, about which the Seller warns as soon as it becomes aware of such circumstances.

7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer is released from responsibility for full or partial non-fulfillment of their obligations, if the non-fulfillment is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire, other natural disasters, etc., which occurred regardless of at the will of the Seller and/or the Buyer after concluding this Agreement. A Party that cannot fulfill its obligations shall immediately notify the other Party thereof.

8. Confidentiality and protection of personal data.

8.1. By providing his personal data when registering or placing an order on the website of the online store or by other methods specified in this Agreement, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as to the performance of other actions provided for by the Law of Ukraine "On the Protection of Personal Data", without limiting the validity period of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

8.3. The Buyer is responsible to the Seller for keeping his personal data up-to-date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency.

9. Other conditions

9.1. This contract is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine and this Agreement.

9.3. The seller has the right to make changes to this Agreement unilaterally, which is provided for in clause 5.2.1. of this Agreement. Changes to the Agreement may also be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.

INFORMATION AND DETAILS OF THE SELLER:

Individual entrepreneur: Horbachova Olena Volodymyrivna

Phone number: +380671234266

Bank institution: UNIVERSAL BANK

MFO bank: 322001 Recipient of payment - FOP Gorbachova O.V .

IBAN:  UA343220010000026009310058607

Account currency: UAH

RNOKPP of the recipient: 3123610640