Public Offer Agreement

This agreement, where one party is Sole Proprietor Chekit V.B., Tax ID 2819111816 (hereinafter - the Seller), on the one hand, and any person who has accepted (accepted) this offer (hereinafter - the Buyer), on the other hand, hereinafter collectively - the Parties, have concluded this agreement (hereinafter - the Agreement) addressed to an unlimited circle of persons, which is an official public offer of the Seller to conclude a sale and purchase agreement for Goods with Sellers, photographs of which are posted in the corresponding section of the etno-city.com.ua website.

Sellers who intend to sell Goods through the etno-city.com.ua website and Buyers when purchasing Goods, images of which are posted on the corresponding pages of the etno-city.com.ua website, accept the terms of this Agreement regarding the following.

1. GENERAL PROVISIONS

1.1. Contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Clicking the "PLACE ORDER" button on the website's order placement page or placing an order by phone (contacts listed in the "CONTACTS" section) or by email means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current Ukrainian legislation, has accepted the terms of the Public Offer Agreement indicated below.

1.2. The Public Offer Agreement is public, meaning that in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur). By fully agreeing to this Agreement, the Buyer accepts the terms and procedure of order placement, payment, and delivery of goods by the Seller, as well as liability for unfair Orders and for non-fulfillment of the terms of this Agreement.

1.3. This Agreement enters into force from the moment of clicking the "PLACE ORDER" button or placing an order by phone (contacts listed in the "CONTACTS" section) or by email, by which the Buyer gives consent to make a purchase of the Goods available from the Seller and is valid until the moment the Buyer receives the Goods from the Seller and makes full payment.

2. TERMS AND DEFINITIONS

"Public Offer Agreement" - a public agreement, a sample of which is posted on the etno-city.com.ua website, and the application of which is mandatory for all Sellers, containing the Seller's offer to purchase the Goods, images of which are posted on the Guarantor's website, addressed to an unlimited circle of persons, including Buyers.

"Acceptance" - the Buyer's acceptance of the Seller's offer to purchase the Goods, images of which are posted on the Guarantor's website, by adding it to the virtual cart and sending the Order. Or purchasing Goods (placing an order) by phone or email.

"Goods" - an object of trade (product, model, accessory, components, and accompanying items, any other objects of trade), for the purchase of which the Seller's offer is posted on the Guarantor's website.

"Buyer" - any legally capable individual, legal entity, or individual entrepreneur, in accordance with current Ukrainian legislation, who visited the etno-city.com.ua website and intends to purchase certain Goods.

"Seller" - any legally capable individual, legal entity, or individual entrepreneur, in accordance with current Ukrainian legislation, who is the owner or distributor of the Goods and intends to sell them through the Guarantor's website.

"Order" - a properly formulated and placed on the Guarantor's website, or by phone (contacts listed in the "CONTACTS" section) or by email, request by the Buyer to purchase Goods, addressed to the Seller.

"Legislation" - the current legislation of Ukraine, which can be applied to legal relations related to the fulfillment and/or arising from the fulfillment of the obligations described in this Agreement.

"Material Defect of Goods" - a defect that makes it impossible or inadmissible to use the goods in accordance with their intended purpose, which occurred through the fault of the manufacturer (Seller), and after its elimination, it reappears for reasons beyond the consumer's control.

3. SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes to sell the Goods on the terms and in the manner defined by this Agreement based on the Order placed by the Buyer on the relevant page of the etno-city.com.ua website, and the Buyer undertakes to purchase the Goods and pay for them on the terms and in the manner defined by this Agreement.

3.2. The Seller guarantees that the Goods are not pledged, are not a subject of dispute, are not under arrest, and there are no rights of third parties to them.

3.3. The Seller and the Buyer confirm that this Agreement is not a fictitious or sham transaction or a transaction concluded under the influence of pressure or deception.

3.4. The Seller confirms that they have all necessary permits for business activities regulating the sphere of legal relations arising and operating in the process of fulfilling this Agreement, and also guarantees the right to produce and/or sell the goods without any restrictions, in accordance with the requirements of current legislation of Ukraine, and undertakes to be liable in case of violation of the Buyer's rights in the process of fulfilling this Agreement and selling the Goods.

4. RIGHTS AND DUTIES OF THE SELLER

4.1. The Seller is obliged to:

  • fulfill the terms of this Agreement;
  • fulfill the Buyer's order in case of receipt of payment from the Buyer;
  • transfer the Goods to the Buyer according to the selected sample on the relevant page of the etno-city.com.ua website, the placed Order, and the terms of this Agreement;
  • check the quality and quantity characteristics of the Goods during packing at the warehouse.

4.2. The Seller has the right to: unilaterally suspend the provision of services under this Agreement in case of violation of the terms of this Agreement by the Buyer.

5. RIGHTS AND DUTIES OF THE BUYER

5.1. The Buyer is obliged to:

  • timely pay for and receive the order on the terms of this Agreement;
  • familiarize themselves with the information about the Goods posted on the Seller's website;
  • upon receipt of the Goods from the person who delivered them, ensure the integrity and completeness of the Goods by inspecting the contents of the package. In case of detecting damage or incomplete completeness of the Goods, fix them in an act which, together with the Buyer, must be signed by the person who delivered them to the Buyer.

5.2. The Buyer has the right to:

  • place an order on the relevant page of the etno-city.com.ua website, or make an order by email, or place an order by phone (contacts listed in the "CONTACTS" section);
  • demand fulfillment of the terms of this Agreement from the Seller.

6. ORDER PROCESSING PROCEDURE

6.1. The Buyer independently places an Order on the relevant page of the etno-city.com.ua website by adding Goods to the virtual cart by clicking the "Order" button, or by making an order via email or by phone number indicated in the contact section of the etno-city.com.ua website.

6.2. The term for processing the Order is from 2 to 30 working days (depending on availability, size, individual manufacturing) from the moment of placing it. In case the Order is sent on a weekend or holiday, the processing time begins from the first working day after the weekend. If the Seller needs additional time for processing the order, the timeframe is agreed upon in advance with the Buyer.

7. PRICE OF THE AGREEMENT AND PAYMENT PROCEDURE

7.1. The price of each individual Good is determined by the Seller and indicated on the corresponding page of the etno-city.com.ua website. The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual cart or ordered via email, or announcing the name with the price of the selected Good, and the delivery price, which is determined depending on the delivery method according to the terms of section 8 of this Agreement.

7.2. The cost of the Order may change depending on the price, quantity, or nomenclature of the goods.

7.3. The Buyer can pay for the Order in the following ways:

  • by bank transfer of money to the current account of the Seller specified in the invoice, including via Internet banking;
  • by cash on delivery upon receipt of the Order at the representative office of the delivery service LLC "Nova Poshta";
  • in cash upon delivery of goods by a courier;
  • in any other way by agreement with the Seller.

7.4. The Seller reserves the right at their own discretion to change the cost of goods, the right to conduct promotions, the right to set discounts on the full/partial assortment of goods placed on the relevant page of the etno-city.com.ua website.

8. DELIVERY TERMS OF GOODS

8.1. The Buyer receives the Goods through delivery or receives them personally. The payment and receipt procedure is indicated on the corresponding page of the website https://etno-city.com.ua/oplata-i-dostavka

8.2. When delivering goods to other cities of Ukraine carried out by other Delivery Services (hereinafter - Carriers), the Buyer fully and unconditionally agrees to the Rules of cargo transportation by these Carriers.

8.3. The fact of receipt of goods and absence of claims regarding the quality of goods delivered by Carriers is confirmed by the Buyer with their own signature on the waybill, declaration of the Carrier, or delivery note upon receipt of goods. On their part, the Seller guarantees the shipment of goods to the Carrier in the quantity indicated and paid for by the Buyer, in completeness according to the specification of this good and in a proper (working) state and quality.

8.4. In case of the Buyer's absence at the delivery address indicated by the Buyer in the application or the Buyer's refusal to receive the Goods for unfounded reasons when delivered by a courier of the Carrier, the goods are returned to the shipping center. Payment for the services of the Carrier is deducted from the amount transferred by the Buyer for the Goods. The remainder of the amount is returned to the Buyer based on their letter sent to the email address info@etno-city.com.ua with the indication of the current account to which the funds should be returned. Commission fees of banking institutions are paid by the Buyer, and this amount is not subject to return.

9. TERMS OF RETURN OF GOODS

9.1. Upon receipt of the Goods at the carrier's warehouse, from a courier, or from the Seller, the Buyer is obliged to check the external integrity of the package, after which to open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and completeness.

9.2. In case of the presence of at least one of the listed defects, the Buyer is obliged to fix it in an act drawn up in any form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, defects should be fixed by photo or video means. Within 1 (one) day, the Buyer is obliged to notify the manager (Seller's representative responsible for placing the order for the Goods) about the detected defects and agree on the replacement of the Goods by filling out the form for the return of Goods on the website https://etno-city.com.ua.

9.3. The Parties agreed that in case of non-compliance with the mandatory requirements of the specified procedure, the receipt of the Goods by the Buyer in proper condition is recognized – without any mechanical damage and in full completeness.

9.4. The Buyer who concluded the agreement in online order mode can terminate it without giving reasons within 14 days, while filling out the return form, except for goods made on individual order of the Buyer, that is, a good that cannot be sold to other persons because it contains individual measurements of the Buyer (measurements: Sleeve, neckline, skirt, neck circumference, back length to waist, back width, armhole depth, waist circumference, shoulder length, upper arm circumference, product length, sleeve length, hip circumference, etc.).

9.5. The Good must correspond to the state in which it was purchased: in the original packaging together with purchase documents. The Good must have a complete set of tags and show no signs of use.

9.6. Return of the cost of the purchased good is carried out within 30 calendar days from the moment of receipt of the package (return of the good to the Seller's warehouse). The cost of the good is subject to return by transfer to the PrivatBank account indicated by the Buyer, while the commission fee of banking institutions is paid by the Buyer, and this amount is not subject to return. The delivery cost of the returned good, which has no defects, is paid by the Buyer, and this amount is not subject to reimbursement.

9.7. Together with the form for the return of the cost of the good, the Buyer is obliged to provide a photocopy of an identity document in accordance with the legislation of Ukraine. For the return of funds by transfer to a PrivatBank bank card, it is necessary to indicate the registration number of the taxpayer's account card.

9.8. The Buyer has the right to exchange the good for an identical one in another size (in case of availability of the corresponding size) by placing a new order. Offsetting is not provided, the online store returns funds for the returned good. Expenses for the return (exchange) of the good with the help of a carrier company or courier (Seller's representative) are paid by the buyer, and these funds are not subject to return.

9.9. Expenses for the return of a good that has defects are subject to reimbursement upon availability of documents confirming such expenses, and containing conclusions confirming the defectiveness of the good.

9.10. The warranty period for goods complies with the requirements of the legislation of Ukraine.

9.11. The Seller is not responsible for defects of the good, and the right to refuse the good is not valid if the good has mechanical damage, which was not declared to the carrier upon receipt of the package.

9.12. Claims regarding shortages, assortment errors, or excesses are accepted within 2 days after receipt of the package.

9.13. In accordance with the law "On Consumer Rights Protection" (VVR, 1991, No. 30, Art. 379. Document 1023-12, current edition - Edition from 01.01.2016, basis 1314-18, Article 13. Rights of the consumer in case of concluding a remote agreement), goods of proper quality made to individual order are not subject to exchange and return. The Seller is not responsible for the correspondence of the sizes of the good specified by the Buyer in the order. In order to avoid possible errors when specifying measurements by the Buyer – it means providing the necessary data in standard units (cm - centimeters).

10. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION

10.1. The Parties are liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner provided by this Agreement and current legislation of Ukraine.

10.2. In case of disputes related to the fulfillment of this Agreement by the Parties, except for disputes regarding the collection of debt from the Buyer, the Parties undertake to resolve them through negotiations with observance of the claims procedure. The period for consideration of a claim is 7 (seven) calendar days from the date of its receipt. For disputes in connection with the collection of debt from the Buyer, observance of the claims procedure is not required.

10.3. All disputes, disagreements, or claims arising from this Agreement or in connection with it, including those concerning its fulfillment, violation, termination, or invalidity, are subject to resolution in the relevant court in accordance with the substantive and procedural law of Ukraine.

11. FORCE MAJEURE CIRCUMSTANCES

11.1. The Parties are not liable for non-fulfillment of any of their obligations, except for payment obligations, if they prove that such non-fulfillment was caused by force majeure circumstances, i.e., events or circumstances that are truly beyond the control of such Party, occurred after the conclusion of this Agreement, and are of an unforeseen and unavoidable nature. Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargo, catastrophes, restrictions imposed by state authorities (including distribution, priorities, official requirements, quotas, and price control), if these circumstances directly influenced the fulfillment of this Agreement.

11.2. The Party for which it became impossible to fulfill obligations under this Agreement due to the onset of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above-mentioned circumstances, and also within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a certificate, certificate, or other relevant document issued by an authorized state authority located at the place of occurrence of force majeure circumstances.

11.3. The time required for the Parties to fulfill their obligations under this Agreement will be extended for any term during which fulfillment was postponed due to the listed circumstances.

11.4. If, due to the action of force majeure circumstances, the non-fulfillment of obligations under this Agreement continues for more than three months, each of the Parties has the right to terminate this Agreement unilaterally, by notifying the other party in writing. Despite the onset of force majeure, before the termination of this Agreement due to force majeure circumstances, the Parties carry out final settlements.

12. OTHER TERMS OF THE AGREEMENT

12.1. Photos of the good, namely the color range of used materials and the accuracy of the pattern, may differ slightly from their actual appearance.

12.2. Information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the purpose of fulfilling their Order (sending a notification to the Seller about the order of Goods, sending advertising messages, etc.).

12.3. By accepting the Agreement or registering on the etno-city.com.ua website (filling out a registration form), the Buyer voluntarily gives consent to the collection and processing of their personal data for the following purpose: data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, sending advertising and special offers, information about promotions, lotteries, or any other information about the activity of the etno-city.com.ua website by telecommunication means (email, mobile communication). For the purposes provided by this clause, the Buyer has the right to have letters, messages, and materials sent to the postal address, Buyer's email, as well as have sms messages sent and calls made to the phone number indicated in the form.

12.4. The Buyer gives the right to process their personal data, including: placing personal data in databases (without additional notification about this), carrying out lifelong data storage, their accumulation, update, change (as needed). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute and not transfer data to any third party (except for transferring data to related persons, commercial partners, persons authorized by the Seller to carry out direct data processing for specified purposes, and also upon mandatory request of a competent state authority).

12.5. In case of unwillingness to receive a newsletter, the Buyer has the right to contact the Seller by writing an application to refuse receiving advertising materials, sending it to the postal or email address.

12.6. The Seller is not responsible for the content and truthfulness of information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of information indicated when placing an order.

Sole Proprietor _______________________________

From _______________________________

Passport series ______ No. _____________

Issued by __________________________

Date of issue __________________________

TIN _____________________

(for return to PrivatBank card)

GOOD RETURN FORM

I, __________________________________________, request to accept the good purchased in the online store etno-city.com.ua on __________________.

Reason for return __________________________________________________________________

Request _____________________________________________________________________________ (indicate method of mutual settlement: replacement/refund of funds)

Method of refund _____________________________________________________________

Date ____________________

Signature __________________