This text appears to be a Public Contract (Offer) for the order, purchase-sale, and delivery of goods. It is written in Ukrainian. Here is the English translation:
PUBLIC CONTRACT (OFFER) for the order, purchase-sale, and delivery of goods.
This contract is an official and public proposal from the Seller to conclude a purchase-sale agreement for the Goods presented on the website https://oiprint.net/. This contract is public, meaning that, per Article 633 of the Civil Code of Ukraine, its terms 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 Agreement, the buyer fully accepts the terms and the procedure for placing an order, payment for the goods, delivery of the goods, return of the goods, responsibility for unfair ordering, and all other conditions of the contract. The contract is considered concluded from the moment the buyer clicks the "Confirm Order" button on the order confirmation page and receives confirmation of the order from the Seller in electronic form.
1. Definition of Terms
1.1. Public Offer (hereinafter referred to as the "Offer") - a public proposal from the Seller, addressed to an indefinite circle of persons, to conclude a distance purchase and sale agreement (hereinafter referred to as the "Agreement") with the Seller on the terms contained in this Offer.
1.2. Goods or Service - the subject of the agreement between the parties, which has been selected by the buyer on the website of the Internet store or has already been purchased by the Buyer from the Seller through a distance method.
1.3. Internet Store - the Seller's website at https://oiprint.net/ created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer's acquaintance with the Seller's description of the Goods using the Internet.
1.4. Buyer - a capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the Internet store for purposes not related to entrepreneurial activity, or a legal entity or an individual entrepreneur.
1.5. Seller - Limited Liability Company "TOV OIPRINT" (EDRPOU Code 40250197), a legal entity established and operating per the current legislation of Ukraine, with its registered office in Kyiv, Sviatoslav Khorobry Street, Building 21.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
2.2. The date of the conclusion of the Offer Agreement (acceptance of the offer) and the moment of the Buyer's full and unconditional acceptance of the terms of the Agreement are considered to be the date when the Buyer fills out the order form located on the website of the Internet store, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary and at the Buyer's discretion, the Agreement can be formalized in writing.
3. Order Processing
3.1. The Buyer independently places an order in the Internet store through the "Cart" form and the "Order" button, or by placing an order via email or the phone number provided in the contact section of the Internet store.
3.2. 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 regarding its validity.
3.3. When placing an order on the website of the Internet store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Buyer's last name, first name;
3.3.2. Buyer's email address for layout approval, invoice exchange, and other documents. To inform the Buyer about the terms of work and special offers of the company;
3.3.3. Contact phone number.
3.4. The name, quantity, article number, and price of the selected Goods by the Buyer are indicated in the Buyer's cart on the website of the Internet store.
3.5. If either party of the contract requires additional information, it has the right to request it from the other party. In case the necessary information is not provided by the Buyer, the Seller is not responsible for providing a quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller's operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4 of this Offer.
3.7. The acceptance of the conditions of this Offer by the Buyer is carried out by entering the corresponding data by the Buyer into the registration form on the website of the Internet store or when placing an order through an operator. After placing an order through the Operator, the Buyer's data is entered into the Seller's database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing an order.
3.9. By entering into the Agreement, i.e., accepting the terms of this offer (the proposed terms of purchasing the Goods) by placing an order, the Buyer confirms the following:
a) The Buyer is fully familiar with and agrees to the terms of this offer;
b) The Buyer gives consent to the collection, processing, and transfer of personal data. The consent to the processing of personal data is valid for the entire term of the Agreement and an unlimited period after its expiration. Additionally, by agreeing, the Buyer confirms that they are informed (without additional notification) about the rights established by the Law of Ukraine "On Personal Data Protection," the purposes of data collection, and that their data is transferred to the Seller to fulfill the terms of this Agreement, conduct settlements, and obtaining invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer their data to third parties without any additional notifications to the Buyer to fulfill the Buyer's order. The extent of the Buyer's rights as a personal data subject according to the Law of Ukraine "On Personal Data Protection" is known and understood by the Buyer.
4. Price and Delivery of Goods
4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the website of the Internet store. All prices for Goods and services are specified in hryvnias, including VAT.
4.2 Prices for Goods and services may be unilaterally changed by the Seller depending on market conditions. However, the price of a specific unit of Goods, the cost of which has been fully paid by the Buyer, cannot be changed by the Seller unilaterally.
4.3 The price of individually manufactured Goods chosen by the Buyer and ordered on the website is indicative. In detailed calculations and agreement with the manager, the price may vary within acceptable limits, and consider additional services if necessary.
4.4 Due to the use of imported equipment, raw materials, components, consumables, and other factors, the cost and price are related to the official exchange rate of the Ukrainian hryvnia to Euro set by the National Bank of Ukraine on the day of invoicing.
4.5 The total cost and price for urgently produced goods at the request of the Customer ("urgent") are determined by an additional agreement between the parties, which must be documented in print and is an integral part of the Agreement.
4.6 The cost of the Goods indicated on the website of the Internet store does not include the cost of delivering the Goods to the Buyer. The cost of delivering the Goods is paid by the Buyer according to the current tariffs of the chosen delivery service (carrier) directly to the selected delivery service (carrier).
4.7 The cost of the Goods indicated on the website of the Internet store does not include the cost of delivering the Goods to the Buyer's address.
4.8 The Seller may provide an approximate cost of delivering the Goods to the Buyer's address when the Buyer contacts the Seller with a corresponding request by sending an email or when placing an order through the operator of the online store.
4.9 The Buyer's obligation to pay for the Goods is considered fulfilled from the moment the funds are received by the Seller.
4.10 Settlements between the Seller and the Buyer for the Goods are made using the methods specified on the website of the Internet store in the "Payment and Delivery" section.
4.11 The first production of custom-made products is carried out after the Customer pays 100% of the invoice. Subsequent orders are manufactured after a 50% payment based on the issued invoice, which must be paid within 3 (three) calendar days from the date of the invoice, and the remaining 50% must be paid within 3 (three) calendar days after the Customer receives the Goods.
4.12 Upon receiving the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), verify the conformity of the Goods to qualitative and quantitative characteristics (product name, quantity, completeness).
4.13 The Buyer or their representative, upon receiving the Goods, confirms with their signature on the receipt/invoice/transportation invoice that there are no claims regarding the quantity of the Goods, its appearance, and completeness.
4.14 The right of ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or their Representative from the moment of receiving the Goods by the Buyer in the city of delivery of the Goods for self-delivery from the Seller, or during the transfer of the Goods by the Seller to the delivery service (carrier) chosen by the Buyer.
5. Rights and obligations of the parties
5.1. Obligations of the Seller:
5.1.1. Transfer the goods to the Buyer per the terms of this Agreement and the Buyer's order.
5.1.2. Timely delivery of the Products to the Buyer per their quantity and in proper packaging.
5.1.3. Not disclose any private information about the Buyer and not provide access to this information to third parties, except in cases provided by law and during the execution of the Buyer's Order.
5.1.4. In the event of manufacturing substandard products due to the Seller's fault, the Seller is obliged, at their own expense and within the agreed-upon timeframe with the Buyer, to rectify the identified defects.
5.2. Seller's Rights:
5.2.1. To unilaterally change the terms of this Agreement, as well as prices for Goods and services, by posting them on the website of the Internet store. All changes take effect from the moment of their publication.
5.2.2. To independently determine the technological process of manufacturing the Goods.
5.2.3. To make proposals to the Buyer regarding the improvement of the quality and consumer characteristics of the Goods.
5.2.4. To require the Buyer to submit instructions in writing.
5.2.5. With the Buyer's permission, apply its name (logo) and other corporate details, address, and contact phone numbers to the Goods, in an area not exceeding 0.5% of the frontal area of the Goods. The location of the Seller's corporate details is agreed upon by the Parties.
5.2.6. To refuse and/or delay the manufacturing of the Goods for the Buyer in case the Buyer fails to fulfill its financial obligations under this Agreement.
5.3. Buyer's Obligations:
5.3.1. Before entering into the Agreement, familiarize themselves with the content, terms, and prices proposed by the Seller on the website of the Internet store.
5.3.2. To inform the Seller of all necessary data that uniquely identifies the Buyer and is sufficient for the delivery of the ordered Goods.
5.3.3. In the case of ordering custom-made Goods:
5.3.3.1. The Buyer undertakes to pay the cost of manufacturing the Goods within the specified terms, and accept and pick up the manufactured products.
5.3.3.2. Within 2 working days from the moment of provision, the Buyer must check and approve the original layout/color proof provided by the Seller.
5.3.3.3. If the original layout/color proof is provided by the Buyer, it must be provided no later than the period specified in the Application and/or Additional Agreement.
5.3.3.4. The Buyer is responsible for the quality, properties, and characteristics of the materials provided to the Contractor for use in the work of manufacturing the Goods.
5.3.3.5. In case the Buyer fails to comply with the approved schedule for submitting the original layout and/or delays the payment for the Seller's work by the terms of the Agreement, the Seller has the right to delay the production of the Goods and/or unilaterally credit the prepayment to the next orders in settlement of the debt without prior notice to the Buyer.
6. Quality and Quantity, Acceptance of Work
6.1. Quality of Products:
The quality of the Products is determined by their description, as well as their compliance with the approved original layout/color proof by the Buyer. All requirements that the Buyer imposes on the work on the manufacturing of the Products must be documented in writing and provided to the Seller before the commencement of the work.
6.2. Quantity of Products:
The quantity of the Products is determined by Additional Agreements, Orders, and, in the absence of these, by the delivery note and/or the acceptance certificate of completed work (services).
6.3. Acceptance of Products for Quality and Quantity:
The transfer-acceptance of the Products for quality and quantity is carried out by formalizing and signing by both parties a delivery note or an acceptance certificate of completed work.
6.4. Documentation and Signing:
The Seller is obliged to provide the Buyer with a signed delivery note or a certificate of acceptance of completed work (services). The Buyer must sign the delivery note or certificate within 3 (three) working days or provide reasoned written objections. If, within the specified period, the BUYER does not sign the delivery note or the certificate and does not provide objections, it is considered that the Products and/or work (service) are accepted, the delivery notes and/or certificates are signed, and they are subject to payment in the amount indicated in the delivery note(s) and/or certificate(s).
6.5. Buyer's Obligation to Accept:
The Buyer is obliged to accept the Products within seven calendar days from the date of receiving notification of completion of the work.
6.6. Defects and Non-Conformity:
If significant defects, faults, or deficiencies that prevent the use of the Products and arise due to the fault of the Seller are discovered after the transfer of the Products, the Buyer has the right to refuse acceptance until the Seller rectifies the defects. The Buyer also has the right to withhold payment for substandard work. In this case, the Parties must draw up and sign a protocol specifying all defects, faults, and deficiencies, the reasons for their occurrence (each Party may indicate its position separately), and the deadlines for their rectification.
6.7. Independent Expert Examination:
If the Parties fail to reach an agreement regarding the quality of the completed work, an independent examination must be conducted. Claims regarding the quality of the work, taking into account the expert opinion, are accepted within 10 days from the moment the Buyer receives the results of the examination.
6.8. Unjustified Refusal to Accept:
If the Buyer unjustifiably refuses or avoids accepting the custom-made Products according to the terms of the Agreement within one calendar month, the Seller is released from the obligation to keep the manufactured Products. However, this does not release the Buyer from the obligation to pay for the manufactured Products.
6.9. Risk Transfer:
In case of the transfer of the Products through a carrier upon the Buyer's request, the risk of loss of the Products after transfer to the carrier is borne by the Buyer.
7. Return of Goods
7.1. Right to Return:
The Buyer has the right to return non-food products of proper quality if the product did not satisfy them in terms of form, dimensions, style, color, size, or for other reasons that prevent its intended use. The Buyer has the right to return non-food products of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of non-food products of proper quality is possible if they have not been used, and if their appearance, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for the payment of the Goods, are preserved. The list of goods that are not subject to return under the conditions specified in this clause is approved by the Cabinet of Ministers of Ukraine.
7.2. Refund Process:
The refund of the value of non-food products of proper quality is carried out within 30 (thirty) calendar days from the moment of receiving such Goods by the Seller, provided that the requirements specified in clause 7.1. of the Agreement and the current legislation of Ukraine are met.
7.3. Refund Method:
The cost of the product is refunded by bank transfer to the Buyer's account.
7.4. Return Costs:
The return of non-food products of proper quality to the Seller's address is carried out at the expense of the Buyer, and the Seller does not reimburse the Buyer for this.
7.5. Obligation to Accept:
If defects in the Goods are discovered within the established warranty period, the Buyer has the right to personally, in the manner and within the deadlines established by the legislation of Ukraine, present claims to the Seller as provided by the Law of Ukraine "On Consumer Rights Protection." When claiming free defect removal, the deadline for their elimination is deducted from the date of the Seller receiving the Goods at their disposal and physical access to such Goods.
7.6. Consideration of Claims:
The consideration of claims provided by the Law of Ukraine "On Consumer Rights Protection" is carried out by the Seller provided that the Buyer provides the documents specified by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after its transfer to the Buyer due to the Buyer's violation of the rules of use or storage of the Goods, actions of third parties, or force majeure.
7.7. Exceptions to the Right of Refusal:
The Buyer does not have the right to refuse non-food products of proper quality that have individually determined properties and are made to individual order if such products can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, equipment, etc.). Confirmation that the product has individually determined properties is the difference in the dimensions of the product and other characteristics specified on the website in the "Contacts" section.
7.8. Return Address:
Returns of goods, in cases provided by law and this Agreement, are carried out at the address indicated on the website in the "Contacts" section.
8. Liability
8.1. Seller's Responsibility:
The Seller is not liable for any damage caused to the Buyer or third parties due to improper use or storage of the Goods purchased from the Seller.
8.2. Non-timely Fulfillment:
The Seller is not responsible for improper and untimely fulfillment of Orders and its obligations in case the Buyer provides inaccurate or erroneous information.
8.3. Content of Original Layout:
The Seller is not responsible for the content of the original layout (text, graphics, color combinations, etc.) provided by the Buyer.
8.4. Intellectual Property Rights:
The responsibility for the violation of copyright and related rights, rights to inventions, utility models, rights to a trademark for goods and services, rationalization proposal rights, third-party rights related to the use of expenditure materials, and the violation of the requirements of Ukrainian advertising legislation in the production of custom-made Products under this Agreement lies with the Buyer.
8.5. Distribution of Products:
After receiving the Products, the Buyer is responsible for its distribution, placement, and demonstration.
8.6. Compliance with the Law:
The Seller and the Buyer are responsible for fulfilling their obligations by the current legislation of Ukraine and the provisions of this Agreement.
8.7. Force Majeure:
The Seller or the Buyer is released from liability for complete or partial non-performance of their obligations if the 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 Seller and/or the Buyer after the conclusion of this agreement. The Party unable to fulfill its obligations immediately notifies the other Party of this situation.
9. Confidentiality and Personal Data Protection
9.1. Consent for Personal Data Processing:
By providing their data on the Internet store website during registration or Order processing, the Buyer voluntarily gives their consent to the processing, use (including transmission) of their data, as well as the performance of other actions provided by the Law of Ukraine "On Personal Data Protection," without limiting the term of such consent.
9.2. Confidentiality Obligations:
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 acting under an agreement with the Seller, including 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.
9.3. Buyer's Responsibility:
The Buyer is responsible for keeping their data up to date. The Seller is not responsible for the inadequate performance or non-performance of its obligations due to the outdated information about the Buyer or its inconsistency with reality.
10. Other Terms
10.1. Territorial Jurisdiction and Applicable Law:
This agreement is concluded within the territory of Ukraine and is governed by the current legislation of Ukraine.
10.2. Dispute Resolution:
All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to settle the disputed issue through negotiations, the Buyer and/or the Seller have the right to seek dispute resolution through the judicial authorities by the current legislation of Ukraine.
10.3. Unilateral Amendment and Mutual Agreement:
The Seller has the right to make changes to this Agreement unilaterally, as provided in clause 5.2.1 of the Agreement. Additionally, changes to the Agreement may be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.
Seller's Address and Details:
LLC "OIPRINT"
Legal Address: Ukraine, 03151, Kyiv, Sviatoslav Khorobry Street, Building 21
EDRPOU Code: 40250197
TIN (Tax Identification Number): 402501926560