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CheckoutPublic Offer Agreement
General Provisions
1.1. This offer is an official proposal by the Seller to conclude a sales contract for goods remotely with the Buyer, i.e., through the Online Store, hereinafter referred to as the "Contract." The Seller places the Public Offer (proposal) on their website at https://bibirki.com.ua/oferta.
1.2. The moment of complete and unconditional acceptance by the Buyer of the Seller's proposal (acceptance) to conclude an electronic sales contract for goods is the fact of payment by the Buyer for the order under the terms of this Contract, within the timeframes and at the prices indicated in the Seller's Online Store, or at the prices indicated in the Seller's individual offer.
Terms and Definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
- "goods," "product" – labels, postcards, stickers, other tags and markings made to the Buyer's individual order, as well as accessories, components, and accompanying items or goods;
- "Online Store" – in accordance with the Law of Ukraine "On Electronic Commerce," a means for presenting or selling goods, works, or services by means of concluding an electronic agreement, located at: https://bibirki.com.ua, as well as on social media pages Instagram and Facebook: @BiBirki_ua, @BiBirki_kids, @BiBirki_shop, and other social media pages belonging to the Seller;
- "Seller" – the company that sells goods presented in the Online Store;
- "Buyer" – a natural or legal person who has entered into an agreement with the Seller under the conditions set forth below;
- "Order" – the selection of individual items from the list of goods indicated by the Buyer when placing the order and making payment;
- "Individual Order" – an order that involves applying text and/or images to a product according to an individual layout;
- "Delivery Service" – a service agreed upon by the parties that performs the delivery of the order;
- "Layout" – a preliminary sample (image) to represent the product, developed in cases where the representation of the original product is either too expensive, impossible, or simply unreasonable.
Subject of the Agreement
3.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
This Agreement regulates the sale of goods in the Online Store, including:
- The voluntary selection of goods by the Buyer in the Online Store;
- The independent placement of an order by the Buyer in the Online Store;
- The payment by the Buyer for the order placed in the Online Store;
- The processing and delivery of the order to the Buyer under the terms of this Agreement.
Order Placement Procedure
4.1. The Buyer has the right to place an order for any product presented in the Online Store and available at that time from the Seller.
4.2. Each item can be represented in the order in any quantity.
4.3. If a product is out of stock, the company's Manager must notify the Buyer (via phone, messenger, social network contact, or email).
4.4. If the product is unavailable, the Buyer has the right to replace it with a product of a similar model, refuse the product, or cancel the order.
4.5. If necessary, a layout is sent for approval to the Buyer before printing. In this case, any changes to the layout that were not agreed upon when placing the order can only be made for an additional fee.
Order Payment Procedure
5.1. Payment is made under the condition of 100% prepayment.
5.2. If the funds are not received, the Online Store reserves the right to cancel the order.
Order Delivery Conditions
6.1. The delivery of goods purchased in the Online Store is carried out through the companies "Nova Poshta," "Ukrposhta," or other companies by agreement of the parties.
6.2 The Buyer pays for the delivery, unless otherwise specified during the order.
Rights and Obligations of the Parties
7.1. The Seller undertakes to:
- Manufacture and send the goods to the Buyer according to the terms of this Agreement;
- Fulfill the order according to the regulations and within the timeframes specified on the website's "Regulations & Terms" page;
7.2. The Seller has the right to:
- Unilaterally suspend the provision of services under this agreement in case the Buyer violates the terms of this agreement;
- Create and use photos and videos of individual orders for advertising purposes, if the Buyer has not directly prohibited such actions;
7.3. The Buyer undertakes to:
- Pay for and accept the order under the terms of this Agreement;
- For individual orders, promptly provide all necessary information and images for product manufacturing, and (if necessary) approve the layout in a timely manner;
7.4. The Buyer has the right to:
- Place an order in the Online Store;
- Demand that the Seller fulfill the terms of this Agreement;
Liability of the Parties
8.1. The Parties are responsible for non-performance or improper performance of the terms of this agreement in accordance with this agreement and current legislation of Ukraine.
8.2. The Seller is not responsible for:
- Mismatch of the color scheme of the product and the product's photo;
- Delay in the delivery of the order due to the delivery service's fault;
- Product damage caused by the delivery service;
- The content and accuracy of the information provided by the Buyer when placing the order;
Other Conditions
9.1. The Online Store reserves the right to unilaterally make changes to this agreement, provided that the changes are published on the website.
9.2. The Online Store is created for the organization of remote sales of goods via the Internet.
9.3. The procedure for processing and protecting personal data is carried out in accordance with the rules specified on the "Privacy Policy" page of the website.
Order Return Procedure
10.1. In accordance with Article 5 of the Law of Ukraine "On Consumer Rights Protection," products sold on our website, i.e., those made to individual order, delivered in proper quality and completeness, are not subject to return or exchange.
10.2. The return and exchange procedure for products (goods), in case of violation of proper completeness or quality, is carried out according to the rules specified on the website's "Return Policy" page.
Term of the Agreement
11.1. The electronic agreement is considered concluded from the moment of acceptance.
11.2. This Agreement may be terminated by mutual consent of the parties before the expiration of its term.