This Public Offer Agreement is an official and public proposal from the Individual Entrepreneur to any individual or legal entity to enter into a contract for the purchase and sale of goods and/or the provision of services, posted on the website https://ferra.jewelry.
On one side, the Individual Entrepreneur Yuliya Ferra (hereinafter referred to as the Seller), and on the other side, any other person (hereinafter referred to as the Buyer), acting with the purpose of purchasing goods and/or services and accepting the terms of this agreement. Together referred to as the Parties and individually as the Party, have entered into this Agreement on the following terms:
General Provisions1.1. This Agreement is a public offer in accordance with Articles 633, 641, and Chapter 54 of the Civil Code of Ukraine, and its terms are identical for all buyers, regardless of their status, without giving preference to one buyer over another.1.2. By accepting the terms of this agreement, the person acquires the status of the Buyer, undertakes to fulfill all the conditions of the agreement, and confirms the following:1.2.1. The Buyer is fully acquainted with and agrees to the terms of this offer;1.2.2. The Buyer consents to the collection, processing, and transfer of personal data throughout the term of the agreement;1.2.3. The Buyer has independently familiarized themselves with the rights established by the Law of Ukraine "On the Protection of Personal Data," as well as with the provisions of the Privacy Policy posted on the website.1.3. Acceptance (acceptance) is the placement of an order on the website or by any other means (sending an email, messaging, etc.) to purchase the goods and/or services posted on the website. The agreement is considered concluded from the moment of placing the order and receiving confirmation from the Seller.1.4. Definitions1.4.1. Public offer (hereinafter - Offer) - a public proposal from the Seller addressed to an indefinite circle of persons to conclude a contract of sale of goods and/or provision of services (hereinafter - Contract) on the conditions specified in this Offer.1.4.2. Website - a website located on the Internet at https://ferra.jewelry where the goods and/or services sold and/or provided by the Seller are presented.1.4.3. Goods or Service - the object of the agreement between the Parties, selected and ordered by the Buyer on the Website or already purchased by the Buyer from the Seller.1.4.4. Order - the Buyer's request made through the Website or by other means (sending an email, messaging, etc.) to purchase the selected goods and/or services placed on the Website.1.4.5. Delivery Service - courier services and postal organizations that deliver orders.Subject of the Agreement2.1. The Seller sells goods and/or provides services posted on the website https://ferra.jewelry/.2.2. The Seller undertakes to transfer the goods to the ownership of the Buyer, and the Buyer undertakes to pay for and accept the goods on the terms of this agreement.Order Processing3.1. The Buyer independently selects the goods and/or service posted on the website and places an order on the website or by other means (sending an email, messaging, etc.).3.2. The Seller ensures the availability of goods presented on the website. The image of the product on the website may slightly differ from the actual appearance of the product.3.3. If the Buyer intends to order personalized products made with unique engraving according to their own sketch or design, the production time, price, and other essential conditions are agreed upon separately by the parties. The Seller reserves the right to refuse to create a personalized product.3.4. When placing an order on the website, the Buyer agrees to provide the necessary information for order processing:Last name, first name, patronymic;Phone number;Contacts in messengers;Email address;Delivery address;User's place of residence in case of courier delivery.3.5. The name, quantity, article, and price of the selected goods chosen by the Buyer are indicated by the Buyer on the website or by other means (sending an email, messaging, etc.).3.6. After placing an order on the website, the Seller contacts the Buyer by sending an email, messaging, or by phone using the contacts provided by the Buyer to confirm the availability of the goods, the date, and the method of delivery.3.7. The Seller has the right to exclude the goods from the order in case of its absence or cancel the order by notifying the Buyer.3.8. If additional information is needed by one of the Parties, it has the right to request it from the other Party. In case of non-provision of the necessary information by the Buyer, the Seller is not responsible for providing a quality service to the Buyer when purchasing goods and/or services.3.9. The Buyer is responsible for the accuracy of the information provided when placing the order.3.10. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer during the order placement is incomplete or raises suspicion of its authenticity."
4.Price, Payment Terms, and Product Delivery4.1. Prices for goods and services are determined by the Seller independently and are indicated on the website in Ukrainian Hryvnia without VAT, as the Seller is not a VAT payer. At the User's choice, the price on the website may be displayed in the equivalent of US dollars based on the NBU exchange rate valid on the date of website viewing.
4.2. The Seller reserves the right to unilaterally change prices for goods and services. However, the price of a product and/or service, the cost of which has been fully paid by the Buyer, cannot be changed unilaterally by the Seller.
4.3. The Buyer can make payment for the order through the following methods:
Transfer to the Seller's current account in the amount of 100% prepayment. In case of non-receipt of funds, the Seller reserves the right to cancel the order.Cash on delivery upon receiving the order at the delivery service offices.Any other method agreed upon with the Seller.4.4. The Buyer's obligation to pay for the product is considered fulfilled from the moment the funds are credited to the Seller's account.
4.5. The price listed on the website does not include the cost of delivering the product to the Buyer. The Buyer pays the delivery cost according to the applicable rates of the chosen delivery service.
4.6. The Buyer receives the product through a delivery service and must familiarize themselves with the rules of the selected delivery service.
4.7. Upon receiving the product, the Buyer must, in the presence of the delivery service representative, verify the conformity of the product to qualitative and quantitative characteristics.
4.8. The Buyer, upon receiving the product, confirms with their signature on the sales receipt and/or the order and/or the delivery invoice that there are no claims regarding the quantity, appearance, and completeness of the product. Claims regarding external defects, quantity, completeness, and appearance of the product will not be accepted after receiving the product.
4.9. The Seller guarantees the shipment of the product to the delivery service in the quantity specified and paid for by the Buyer, in proper quality.
4.10. Ownership of the product passes to the Buyer upon receiving the product from the delivery service.
4.11. In case of the Buyer's absence at the specified delivery address or the Buyer's refusal to receive the product from the delivery service, the product is returned to the Seller.
Rights and Obligations of the Parties5.1. The Seller is obliged to:5.1.1. Transfer the product to the Buyer or provide the service in accordance with the terms of this agreement and the Buyer's order.5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except in cases provided by the agreement and legislation.
5.2. The Seller has the right to:5.2.1. Unilaterally change the terms of this agreement, expand or reduce the list of goods and/or services and their prices. All changes take effect from the moment of their publication.5.2.2. Unilaterally terminate the provision of services under this agreement in case of the Buyer's violation of the terms of this agreement.
5.3. The Buyer is obliged to:5.3.1. Familiarize themselves with the content of this agreement, its terms, and the prices for goods and/or services posted on the website before concluding the agreement.5.3.2. To provide all necessary data required for order fulfillment by the Seller.5.3.3. Timely pay and receive the product under the terms of this agreement.5.3.4. Upon receiving the product, in the presence of the delivery service representative, ensure the integrity and completeness of the product by inspecting it. In case of damage or incomplete product, record it in an act, which must be signed by the Buyer and the delivery service representative.
Warranty Obligations and Product Returns6.1. Jewelry of proper quality is not subject to exchange and return according to Part 1 of Article 9 of the Law of Ukraine "On Consumer Rights Protection" dated May 12, 1991, No. 1023-XII, and Appendix 3 to the Cabinet of Ministers of Ukraine Resolution dated March 19, 1994, No. 172, "On the Implementation of Certain Provisions of the Law of Ukraine 'On Consumer Rights Protection.'"
6.2. The Seller ensures proper quality of the product, its operational characteristics, and appearance.
6.3. The Seller does not provide warranty service for the product. In case of defects in the product, the Buyer must refuse to receive it according to clause 4.7 of this agreement.
Responsibilities of the Parties7.1. The parties are responsible for the non-performance or improper performance of their obligations in accordance with the current legislation of Ukraine and the provisions of this agreement.
7.2. The Seller is not responsible for improper, untimely fulfillment of orders, and its obligations in case the Buyer provides inaccurate or incorrect information.
7.3. The parties are relieved of responsibility for the complete or partial non-performance of their obligations if such non-performance is a consequence of force majeure circumstances such as war or military actions, earthquake, flood, fire, and other natural disasters that occurred independently of the will of the Parties after the conclusion of this agreement. The Party that cannot fulfill its obligations must immediately notify the other Party of this.
Other Terms8.1. This agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
8.2. This Agreement should be considered in the form in which it is published on the Website and should be applied and interpreted in accordance with the laws of Ukraine.
8.3. By providing their personal data on the Website when placing an Order, the Buyer voluntarily gives the Seller consent to process, use (including transfer) their personal data, as well as perform other actions prescribed by the Law of Ukraine "On the Protection of Personal Data" and the Privacy Policy posted on the Website.
8.4. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to settle the dispute through negotiations, either party has the right to seek resolution through judicial authorities in accordance with the current legislation of Ukraine.
8.5. All objects placed on the Website, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds, and other objects, as well as any content posted on the Website, are the exclusive rights of the Seller and/or other right holders. Any elements and content on the website cannot be used without the prior permission of the Seller and/or the right holder. Use includes reproduction, copying, processing, distribution on any basis, etc.
8.6. The Buyer is obliged not to copy, reproduce, or modify any information contained on the Website.
8.7. The Buyer is obliged not to take any actions that may lead to disproportionately high loads on the infrastructure of the website.
8.8. The Buyer is obliged not to use automatic programs to access the website.
8.9. The Buyer is obliged not to interfere or attempt to interfere with the operation and other activities of the website; also, not to obstruct or attempt to obstruct the functioning of automatic systems or processes, as well as other measures designed to interfere with or restrict access to the Website.