Offer

PUBLIC CONTRACT (OFFER)

for ordering, purchasing, and delivering goods

This contract is an official and public offer by the Seller to conclude a contract for the purchase and sale of Goods presented on the website https://starwood.ua. This contract is public, which means that according to 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 any one buyer over another. By concluding this Contract, the buyer fully accepts the terms and conditions for ordering, payment, delivery, returns, liability for wrongful orders, 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 page in the "Cart" section and receives an order confirmation from the Seller in electronic form.

1. Definitions of Terms

1.1. Public Offer (hereinafter referred to as "Offer") – a public offer by the Seller, addressed to an indefinite number of people, to conclude a contract for the purchase of goods by remote means (hereinafter referred to as "Contract") under the terms set out in this Offer.

1.2. Goods or Services – the object of the parties' agreement, which the buyer selected on the online store website and placed in the cart or has already purchased from the Seller remotely.

1.3. Online Store – the Seller's website at https://starwood.ua/ created for entering into retail and wholesale purchase agreements based on the Buyer's review of the Goods description provided by the Seller via the Internet.

1.4. Buyer – a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for purchasing goods displayed on the website of the online store for purposes not related to entrepreneurial activities, or a legal entity or individual entrepreneur.

1.5. Seller – Individual Entrepreneur "Donchevska Halyna Borysivna" (identification code 3185000823), a legal entity created and operating under the laws of Ukraine, located at: Ukraine, 27641, Kirovohrad Region, Kropyvnytskyi District, Novopetrivka village, 752 Druzhby Street.

2. Subject of the Contract

2.1. The Seller undertakes to manufacture a product for the Buyer according to the Buyer's individual specifications (hereinafter referred to as the "Goods") under the terms of this Contract, while the Buyer agrees to accept and pay for the Goods as stipulated herein.

2.2. A detailed description, price, quality, and quantity of the Goods to be supplied are determined by the Parties in Appendix No.1 "Order Form" to this Contract, which is an integral part of it.

2.3. The Seller agrees to transfer ownership of the Goods to the Buyer, while the Buyer agrees to pay for and accept the Goods under the terms of this Contract.

2.4. The date of the Contract Offer's acceptance (acceptance of the Offer) and the moment of the Buyer's full and unconditional acceptance of the Contract terms is the date on which the Buyer fills out the order form on the online store website, provided the Buyer receives an order confirmation from the Seller in electronic form. At the Buyer's request, the Contract can also be formalized in writing.

3. Order Placement

3.1. The Buyer independently places an order through the online store using the "Cart" form or by ordering via email or the phone number provided in the contact section of the online store.

3.2. The Seller reserves the right to refuse to fulfill the order if the information provided by the Buyer during order placement is incomplete or raises doubts about its accuracy.

3.3. When placing an order on the online store website, the Buyer is required to provide the following necessary information to the Seller to fulfill the order:

3.3.1. Buyer's last name and first name;

3.3.2. Delivery address for the Goods (if delivery to the Buyer's address is requested);

3.3.3. Contact phone number;

3.3.4. Identification code for a legal entity or an individual entrepreneur.

3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer's cart on the online store website.

3.5. If any party to the contract requires additional information, they have the right to request it from the other party. If the Buyer fails to provide necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.

3.6. By accepting this Offer's terms, the Buyer provides consent to the collection, processing, and transfer of personal data. This consent is valid throughout the term of the Contract and for an unlimited period after its expiration. Additionally, by concluding the contract, the Buyer confirms being informed (without additional notification) of their rights under the Law of Ukraine "On the Protection of Personal Data."

4. Price and Delivery of Goods

4.1 Prices for Goods and services are determined solely by the Seller and are listed on the online store's website. All prices for Goods and services on the site are indicated in Ukrainian hryvnias, including VAT.

4.2 Prices for Goods and services may change at the Seller's discretion depending on market conditions. However, the price of an individual item, for which the Buyer has paid in full, cannot be changed unilaterally by the Seller.

4.3 The price of the Goods indicated on the online store's website does not include the cost of delivery to the Buyer. The Buyer pays the delivery cost directly to the selected delivery service (carrier) according to its applicable rates.

4.8 Upon receiving the Goods, the Buyer should check the Goods' conformity to the qualitative and quantitative specifications in the presence of the delivery service representative (carrier).

5. Rights and Obligations of the Parties

5.1 The Seller is required to:

5.1.1 Transfer the Goods to the Buyer in accordance with the terms of this Contract and the Buyer's order.

5.2 The Buyer is required to:

5.2.1 Review the content, terms, and prices offered by the Seller on the online store website before entering into the Contract.

6. Return of Goods

6.1 Since products are custom-made based on the Buyer’s specifications, including size, materials, and design, returns and exchanges are subject to specific conditions. According to the Law of Ukraine "On Consumer Rights Protection," items manufactured to order cannot be returned or exchanged unless they have significant defects. The Buyer has the right to return non-food items of proper quality if manufacturing defects or damage were discovered upon receipt. In such cases, defect correction, product replacement, or, if necessary, a refund may be arranged. If the product does not meet the original technical specifications or the individual requirements stated in the contract or technical specification, we will provide an exchange or create a new product. Returns or exchanges of proper quality products are accepted if the product has not been used, retains its commercial appearance, consumer properties, packaging, seals, labels, and includes the receipt issued to the Buyer for the product payment. The list of items not subject to return under this clause is approved by the Cabinet of Ministers of Ukraine.

6.2 The refund for goods of proper quality will be made within 30 (thirty) calendar days from the date the Seller receives the product, provided all conditions of clause 6.1 and current Ukrainian legislation are met.

6.3 Refunds will be issued via bank transfer to the Buyer’s account.

6.4 The return of goods of proper quality to the Seller’s address is at the Buyer’s expense and is non-refundable by the Seller.

6.5 In the event that defects are discovered within the established warranty period, the Buyer has the right, in accordance with Ukrainian law, to make a claim against the Seller. For claims involving defect correction at no cost, the correction period begins from the date the Seller receives and physically accesses the product.

6.6 The Seller will consider claims under the Law of Ukraine "On Consumer Rights Protection" if the Buyer provides all legally required documents. The Seller is not responsible for product defects arising after transfer to the Buyer due to improper use or storage, actions by third parties, or force majeure.

6.7 The Buyer does not have the right to refuse goods of proper quality that have unique properties and can be used exclusively by the Buyer who purchased them (including non-standard sizes, features, appearance, configuration, etc.). The product’s custom properties are confirmed by differences in size and other characteristics listed on the online store.

6.8 Returns in cases provided by law and this Contract should be made to the address specified on the website under the “Contacts” section.

7. Liability

7.1 The Seller is not liable for any damages caused to the Buyer or third parties due to improper assembly, use, or storage of products purchased from the Seller.

7.2 The Seller is not responsible for improper or delayed order fulfillment if the Buyer provided false or inaccurate information.

7.3 The Seller and the Buyer are responsible for fulfilling their obligations according to Ukrainian law and the provisions of this Contract.

7.4 The Seller or Buyer is released from liability for complete or partial non-performance of obligations if the failure results from force majeure events such as war, military actions, earthquakes, floods, fires, or other natural disasters arising independently of the will of the Seller and/or Buyer after the conclusion of this Contract. The Party unable to fulfill its obligations must promptly notify the other Party.

8. Confidentiality and Data Protection

8.1 By providing personal data on the website of the online store during registration or when placing an order, the Buyer consents to the Seller processing and using (including transferring) this data in accordance with the Law of Ukraine "On Personal Data Protection," with no time limitation on this consent.

8.2 The Seller agrees to keep the information provided by the Buyer confidential. Disclosure of information to the Seller’s contractors and third parties acting on behalf of the Seller for fulfilling obligations to the Buyer, as well as cases where disclosure is required by Ukrainian law, does not constitute a breach of confidentiality.

8.3 The Buyer is responsible for keeping their personal data up to date. The Seller is not liable for failure to fulfill obligations due to outdated or inaccurate information provided by the Buyer.

9. Miscellaneous Provisions

9.1 This Contract is concluded within the territory of Ukraine and is governed by the applicable Ukrainian legislation.

9.2 All disputes arising between the Buyer and Seller shall be resolved through negotiation. If a dispute cannot be resolved by negotiation, either the Buyer or the Seller may seek resolution in Ukrainian courts.

9.3 The Seller has the right to unilaterally amend this Contract as specified in clause 5.2.1 of the Contract. Additionally, changes to the Contract may also be made by mutual agreement of the Parties in accordance with Ukrainian law.


ADDRESS AND DETAILS OF THE SELLER:

Individual Entrepreneur Halyna Borysivna Donchevska
Ukraine, 27641, Kirovohrad Oblast, Kropyvnytskyi District, Novopetrivka (North), Druzhby Street, Building 75
Account: UA913052990000026001025103296, at PrivatBank, MFO 305299
Tax ID: 3185000823
Single Taxpayer Extract No. 6211 dated 01.05.2016
Phone: (95) 138-32-84

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