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PUBLIC OFFER

Last updated: 26.07.2024

 

1. Introduction

Welcome to site (individual entrepreneur Kostetska Iryna Anatoliivna, brandmezha studio, “Entrepreneur”, “we”, “our”, “us”)! As you have just clicked our Offer of Site, please pause and carefully read the following information.

 

These Offer of Site (“Offer”, “Offer of Site”) govern your use of our web pages located at URL https://www.mezha.studio operated by individual entrepreneur Kostetska Iryna Anatoliivna (identification code 3284010368, hereinafter – Entrepreneur or Seller).

 

Your agreement with us includes these Offer and our Privacy Policy. You acknowledge that you have read and understood Offer, and agree to be bound of it.

 

If you do not agree with (or cannot comply with) Offer, then you may not use the Site, but please let us know by emailing mezhastudio@gmail.com so we can try to find a solution. These Offer apply to all visitors, users and others who wish to access or use Site.

 

Thank you for being responsible.

 

2. Subject of the Offer

The Seller shall transfer the Goods to the Buyer, and the Buyer shall pay for and accept the Goods on the terms of this Offer.

The Buyer is a legally competent natural person who has reached the age of 18, who intends to place and/or places an order on the Site for the purpose of purchasing Goods for personal, family needs, not related to the implementation of business activities.

 

The date of conclusion of the Offer (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Offer shall be the date of filling out the order form by the Buyer located on the website of the online store, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the Buyer’s request, the agreement may be executed in writing.

 

This Offer is an official and public offer of the Seller to conclude a contract of sale of the Goods presented on the website. This Offer is a public agreement, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By entering into this Offer, the Buyer fully accepts the terms and conditions and the procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for an unfair order and all other terms of the Offer. The agreement shall be deemed concluded from the moment the Buyer clicks the “Confirm Order” button on the ordering page in the “Cart” section and receives an order confirmation from the Seller in electronic form.

 

3. Communications

By creating an Account on our Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.

 

4. Purchases

If you wish to purchase any product or services available through Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

 

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

 

We may employ the use of third party Sites for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties.

 

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or Site availability, errors in the description or price of the product or Site, error in your order or other reasons.

 

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

The photos accompanying the product are simple illustrations of it and may differ from the actual appearance of the product. The quality, settings and features of the User’s computer screen may distort the color gamut of the presented product. The product may have slight differences from the image presented on the Site in terms of color, shape, size or other parameters. Any characteristics of the goods may be changed by the manufacturer of the goods without prior notice.

 

5. Placement of the Order

Order – properly executed and placed using the Site request for the purchase of the Goods selected by the Buyer.

5.1. The Buyer shall place an Order in the online store through the “Shopping Cart” form of the online store.

 

5.2. The Seller shall have the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicion about its validity.

 

5.3. When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:

5.3.1. surname, name of the Buyer;

5.3.2. the number of the delivery service branch to which the Goods should be delivered;

5.3.3. contact phone number.

 

5.4. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer’s Cart on the website of the online store.

 

5.5. If either Party to the Offer requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.

 

5.6. The Buyer’s acceptance of the terms of this Offer is carried out by entering the relevant data by the Buyer in the registration form on the website of the online store.

The Buyer is responsible for the accuracy of the information provided when placing the Order.

 

5.7. Order cancellation

You can cancel your order at any time before it is handed over to the delivery service.

If you want to cancel the order that has already been handed over to the delivery service, you must pay the cost of delivery of goods to you and the cost of returning the goods to the Seller.

If you want to cancel the order that has already been paid for, but not yet received, you can do so in accordance with the second paragraph of this clause, and the funds will be returned to you within 7 calendar days.

 

6. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Site may be governed by rules that are separate from these Offer of Site. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Offer of Site, Promotion rules will apply.

 

7. Price and Delivery of the Goods

7.1. The price of the Product is indicated on the Site for each unit of the Product separately.

The price of the goods may include VAT, if the Entrepreneur is a VAT payer, which will be indicated in addition.

 

7.2. All prices for the Product are indicated in the national currency of Ukraine – hryvnia. Prices for the Goods may additionally be indicated in US dollars or other foreign currency, but all calculations for the Goods are made in hryvnias. Depending on the fluctuations of the exchange rate established by the National Bank of Ukraine, the money actually debited from the Buyer’s account in foreign currency may differ from the price of the Goods in foreign currency indicated on the Site. All expenses related to the commission and other fees that will be charged by the bank for the conversion of foreign currency shall be borne by the Buyer.

 

7.3. The prices of the Goods may be changed by the Seller unilaterally depending on the market situation. 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.

 

7.4. 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 to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current rates of delivery services (carriers) directly to the delivery service (carrier) chosen by him.

 

7.5. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller on his account.

 

7.6. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the website of the online store in the “Payment and Delivery” section or directly in this Offer.

 

7.7. Payment for the Goods using a bank card is made immediately after the Buyer has selected the Goods.

 

7.8. When receiving the goods, the Buyer must check the conformity of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness) in the presence of the representative of the delivery service (carrier).

 

7.9. The right of ownership and the risk of accidental loss or damage to the Goods shall be transferred to the Buyer from the moment of receipt of the Goods by the Buyer in the city of delivery of the Goods upon independent delivery of the Goods from the Seller, or during the handover by the Seller of the goods to the delivery service (carrier) chosen by the Buyer.

 

7.10. In the case of placing an Order with delivery outside of Ukraine, the Buyer shall independently pay taxes, customs duties and other fees related to such delivery.

 

7.11. Payment methods:

• debit or credit bank card;

• by account details (IBAN);

• using the Portmone service;

• cash on delivery through the delivery service;

• via Google Pay or Apple Pay.

 

8. Rights and obligations of the Parties

The Entrepreneur is obliged to:

 

Transfer the goods to the Buyer in accordance with the terms of this Offer and the Buyer’s order.

 

Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as provided by law and Privacy Policy.

 

The Entrepreneur has the right to:

 

To change the terms of this Offer, as well as the prices for the Goods and Services, unilaterally by posting them on the Site. All changes come into effect from the moment they are published.

 

The Buyer undertakes:

 

Before concluding the Offer, familiarize yourself with the content of the Offer, the terms of the Offer, Privacy Policy and the prices offered by the Entrepreneur on the website of the online store.

 

In order to fulfill the Entrepreneur’s obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient to deliver the ordered Goods to the Buyer.

 

9. Return and Exchange of Goods

9.1. The Buyer shall have the right to return to the Entrepreneur non-food products of good quality if the goods do not satisfy him/her in terms of shape, size, style, color, size or for other reasons cannot be used for their intended purpose. The buyer has the right to return the goods of good quality within 14 (fourteen) days, excluding the day of purchase. Goods of good quality shall be returned if they have not been used and if their presentation, consumer properties, packaging, seals, labels, a completed return application with the Buyer’s data, as well as a payment document issued to the Buyer for payment for the Goods are preserved. The list of goods that are not subject to return on the grounds provided for in this clause shall be approved by the Cabinet of Ministers of Ukraine.

 

9.2. The cost of the Goods of good quality shall be refunded to the Buyer withinseven (7) calendar days from the date of receipt of such Goods by the Entrepreneur, subject to the requirements provided for in clause 9.1. Offer andapplicable laws of Ukraine.

 

9.3. The cost of the goods shall be refunded by bank transfer to the Buyer’s account.

 

9.4. The return of the Goods of good quality to the Entrepreneur’s address shall be made at the Buyer’s expense and shall not be reimbursed by the Entrepreneur to the Buyer.

 

9.5. In case of detection of defects in the Goods during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to submit to the Entrepreneur the claims provided for by the Law of Ukraine “On Consumer Rights Protection”. In case of claims for free elimination of defects, the period for their elimination shall be calculated from the date of receipt of the Goods by the Entrepreneur at its disposal and physical access to such Goods.

 

9.6. Consideration of the requirements provided for by the Law of Ukraine “On Consumer Rights Protection” shall be carried out by the Entrepreneur, provided that the Buyer provides the documents provided for by the current legislation of Ukraine. The Entrepreneur shall not be liable for defects in the Goods that occurred after their transfer to the Buyer as a result of the Buyer’s violation of the rules for the use or storage of the Goods, actions of third parties or force majeure.

 

9.7. The Buyer shall not have the right to refuse goods of good quality with individually defined properties if the said goods can be used exclusively by the Buyer who purchased them (including, at the Buyer’s request, non-standard sizes, characteristics, appearance, equipment, etc.) Confirmation that the goods have individually defined properties is the difference in the size of the goods and other characteristics specified in the online store.

 

9.8. According to Article 9 of the Law of Ukraine "On Consumer Rights Protection", the proper quality goods shall be exchanged if they have not been used and the marketable condition, consumer properties, seals, tags, as well as a settlement document provided to a consumer along with the sold goods or a QR code shown on the display of a programme cash register (display of a device on which the programme cash register is installed) enabling a consumer to read and identify it with a settlement document by the structure of data contained therein, or an electronic settlement document sent to a telephone line number or e-mail address communicated by a consumer, are preserved.

 

Make sure that no more than 14 days have passed since the purchase.

The consumer has the right to exchange goods of appropriate quality within fourteen days, not counting the day of purchase, unless a longer period is announced by the seller (Article 9 of the Law of Ukraine "On Consumer Rights Protection"). The last day you can request a refund and take back a product of good quality will be the 14th day of the period that began the day after the purchase.

Check the product for its original appearance and for signs of wear or damage.

An exchange of a product of appropriate quality for a similar product is carried out if it has not been used and if its appearance, consumer properties, seals, labels have been preserved, and if at the time of the exchange the similar product is not on sale, the consumer has the right to purchase any other products from the available assortment with a corresponding recalculation of the price, or terminate the contract and receive money back in the amount of the value of the returned product, or exchange the product for a similar one at the first arrival of the corresponding product for sale.

Please note that, for example, if you bought a dress or other clothing and used these products, and then realized that the size or color did not suit you, it is no longer possible to return such a product, since there will be small, but still noticeable marks wearing, which will automatically put the product in the "used" row.

 

Funds are returned to the payment details from which the payment was made, or to others, if you notify other details in writing. Funds can be returned only to the customer.

 

Please note that when returning funds, your bank, other financial institution, your payment system may withhold part of the refund amount depending on the service package you have chosen.

 

10. Content

Content found on or through this Site are the property of Entrepreneur or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

 

11. Prohibited Uses

You may use Site only for lawful purposes and in accordance with Offer. You agree not to use Site:

 

a. In any way that violates any applicable national or international law or regulation.

 

b. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

 

c. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

 

d. To impersonate or attempt to impersonate Entrepreneur, Entrepreneur’s employee, another user, or any other person or entity.

 

e. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

 

f. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Site, or which, as determined by us, may harm or offend Entrepreneur or users of Site or expose them to liability.

 

Additionally, you agree not to:

 

a. Use Site in any manner that could disable, overburden, damage, or impair Site or interfere with any other party’s use of Site, including their ability to engage in real time activities through Site.

 

b. Use any robot, spider, or other automatic device, process, or means to access Site for any purpose, including monitoring or copying any of the material on Site.

 

c. Use any manual process to monitor or copy any of the material on Site or for any other unauthorized purpose without our prior written consent.

 

d. Use any device, software, or routine that interferes with the proper working of Site.

 

e. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

 

f. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Site, the server on which Site is stored, or any server, computer, or database connected to Site.

 

g. Attack Site via a denial-of-Site attack or a distributed denial-of-Site attack.

 

h. Take any action that may damage or falsify Entrepreneur rating.

 

i. Otherwise attempt to interfere with the proper working of Site.

 

12. Liability

The Entrepreneur is not responsible for damage caused to the Buyer or third parties as a result of improper use, storage of the goods purchased from the Entrepreneur.

The Entrepreneur is not responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Entrepreneur provides inaccurate or erroneous information.

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

The Entrepreneur 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 and other natural disasters that occurred regardless of the will of the parties after concluding this Offer. A party that cannot fulfill its obligations shall immediately notify the other Party thereof.

 

13. Accounts

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Site.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party Site. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

 

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

14. Intellectual Property

Site and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Entrepreneur and its licensors. Site is protected by copyright, trademark, and other laws of Ukraine and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Entrepreneur.

 

15. Error Reporting and Feedback

You may provide us directly at mezhastudio@gmail.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Site (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Entrepreneur may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Entrepreneur is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Entrepreneur and its affiliates an exclusive, transferable, irrevocable, free-of-charge, unlimited and perpetual right to use (including copy, modify, publish, distribute and commercialize) Feedback in any manner and for any purpose.

 

16. Links To Other Web Sites

Our Site may contain links to third party web sites or services that are not owned or controlled by Entrepreneur.

 

Entrepreneur has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

You acknowledge and agree that Entrepreneur shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or sites available on or through any such third party web sites or services.

 

We strongly advise you to read the offer of site and privacy policies of any third party web sites or services that you visit.

 

17. Limitation Of Liability

Except as prohibited by law, if there is liability found on the part of Entrepreneur, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. The law may not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.

 

18. Termination

We may terminate or suspend your account and bar access to Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Offer.

 

If you wish to terminate your account, you may simply discontinue using Site.

 

All provisions of Offer which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

19. Governing Law

These Offer shall be governed and construed in accordance with the laws of Ukraine without regard to its conflict of law provisions.

 

If any provision of these Offer is held to be invalid or unenforceable by a court, the remaining provisions of these Offer will remain in effect. These Offer constitute the entire agreement between us regarding our Site and supersede and replace any prior Offers we might have had between us regarding Site.

 

20. Changes To Site

We reserve the right to withdraw or amend our Site, and any service or material we provide via Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Site, or the entire Site, to users, including registered users.

 

21. Amendments To Offer

We may amend Offer at any time by posting the amended Offer on this site. It is your responsibility to review these Offer periodically.

 

Your continued use of the Site following the posting of revised Offer means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

 

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised Offer. If you do not agree to the new Offer, you are no longer authorized to use Site.

 

22. Waiver And Severability

No waiver by Entrepreneur of any term or condition set forth in Offer shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Entrepreneur to assert a right or provision under Offer shall not constitute a waiver of such right or provision.

 

If any provision of Offer is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Offer will continue in full force and effect.

 

23. Acknowledgement

By using Site or other services provided by us, you acknowledge that you have read these Offer of Site and agree to be bound by them.

 

24. Contact Us

Please send your feedback, comments, requests for support:

By email: mezhastudio@gmail.com.

By phone: +38(073)152-52-53. 

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