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Offer agreement

General Provisions

1.1. This offer is an official proposal by Individual Entrepreneur Chornobrovkin Denys Olehоvych, hereinafter referred to as the “Seller”, to conclude a distance purchase and sale agreement for goods, namely through the online store, hereinafter referred to as the “Agreement”, and publishes the Public Offer on the Seller’s official website “https://matis.studio” (hereinafter referred to as the “Website”).

1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s proposal to conclude an electronic purchase and sale agreement for goods shall be deemed to be the fact of payment by the Buyer for the order under the terms of this Agreement, within the time limits and at the prices specified on the Seller’s Website.

Terms and Definitions

2.1. In this offer, unless the context requires otherwise, the terms below shall have the following meanings:

* “Goods” means paintings, posters, baguette frames, components, and accompanying items;
* “Online Store” means, in accordance with the Law of Ukraine “On Electronic Commerce”, a means for presenting or selling goods, works, or services by concluding an electronic transaction;
* “Seller” means the company that sells the goods presented on the Website;
* “Buyer” means an individual who has concluded an Agreement with the Seller under the terms set out below;
* “Order” means the selection of individual items from the list of goods and services specified by the Buyer when placing an order and making payment.

Subject of the Agreement

3.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

This Agreement governs the purchase and sale of goods in the Online Store or services, including:

– the Buyer’s voluntary selection of goods/services in the Online Store;
– the Buyer’s independent placement of an order in the Online Store;
– payment by the Buyer for the order placed in the Online Store;
– processing and delivery of the order to the Buyer into ownership under the terms of this Agreement.

Order Placement Procedure

4.1. The Buyer has the right to place an order for any goods/service presented on the Online Store website and available.

4.2. Each item may be included in the order in any quantity.

4.3. If the goods are not in stock, the company manager must notify the Buyer by phone or email.

4.4. If the goods are unavailable, the Buyer has the right to replace them with goods of a similar model, refuse the goods, or cancel the order.

Services

5.1. From the moment of receiving the order and agreeing it with the Buyer, the website https://matis.studio undertakes to provide the Buyer with services for processing and fulfilling the order, namely:

• to send the finished goods or manufacture goods that are not available in stock.

5.2. In the relationship between the website https://matis.studio and the Buyer, they confirm that they are not liable for each other and are not responsible for each other’s obligations.

Order Delivery Terms

6.1. Delivery of goods and/or goods with services purchased in the Online Store is carried out to the warehouses of transport companies, where orders are issued.

6.2. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.

Rights and Obligations of the Parties

7.1. The Seller has the right to:

– unilaterally terminate the provision of services under this Agreement if the Buyer violates the terms of this Agreement.

7.2. The Buyer is obliged to:

– pay for and receive the order in a timely manner under the terms of this Agreement.

7.3. The Buyer has the right to:

– place an order in the Online Store;
– conclude an electronic agreement;
– demand that the Seller fulfill the terms of this Agreement.

Liability of the Parties

8.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner provided for by this Agreement and the current legislation of Ukraine.

8.2. The Seller shall not be liable for:

– any discrepancy in the color range of the goods, which may differ from the original goods solely due to different color reproduction on personal computer monitors of individual models;
– the content and accuracy of the information provided by the Buyer when placing an order;
– delays and interruptions in the provision of services, including order processing and delivery of goods, caused by circumstances beyond the Seller’s control;
– unlawful illegal actions committed by the Buyer using this Internet access;
– the transfer by the Buyer of their network identifiers, including IP address, MAC address, login, and password, to third parties.

8.4. In the event of force majeure circumstances, the Parties shall be released from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances mean events of an extraordinary and unforeseeable nature that exclude or objectively prevent the performance of this Agreement, and which the Parties could not foresee or prevent by reasonable means.

8.5. The Parties shall make every effort to resolve any disagreements exclusively through negotiations.

Other Terms

9.1. The Online Store reserves the right to amend this Agreement unilaterally, provided that the amended Agreement is published in advance on the website https://matis.studio.

9.2. The Online Store was created to organize the distance sale of goods via the Internet.

9.3. The Buyer is responsible for the accuracy of the information provided when placing an order. At the same time, by accepting this offer, namely by placing an order and subsequently paying for the goods, the Buyer gives the Seller their unconditional consent to collect, process, store, and use their personal data within the meaning of the Law of Ukraine “On Personal Data Protection”.

9.4. Payment by the Buyer for the order placed in the Online Store means the Buyer’s full agreement with the terms of the purchase and sale agreement, namely the public offer.

9.5. The actual date of the electronic transaction between the Parties shall be the date of acceptance of the terms, in accordance with Article 11 of the Law of Ukraine “On Electronic Commerce”.

9.6. Use of the Online Store resource for preliminary viewing of goods, as well as for placing an order by the Buyer, is free of charge.

9.7. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer exclusively for the purposes of processing the order, sending notifications to the Buyer, delivering the goods, making mutual settlements, etc.

Product Return Procedure

10.1. Returns of goods to the Online Store are carried out in accordance with the current legislation of Ukraine.

10.2. Returns of goods to the Online Store are carried out at the Buyer’s expense.

10.3. When the Buyer returns goods of proper quality, the Online Store shall refund the amount paid for the goods upon return of the goods, minus compensation for the Online Store’s expenses related to delivery of the goods to the Buyer.

10.4. For custom-made goods, exchange or refund to the Customer is possible only in the event of a defect in the goods.

Term of the Agreement

11.1. The electronic agreement shall be deemed concluded from the moment the person who sent the proposal to conclude such agreement receives a response accepting this proposal in the manner specified in part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.

11.2. Before the expiration of its term, this Agreement may be terminated by mutual consent of the Parties before the actual delivery of the goods, by refunding the funds.

11.3. The Parties have the right to terminate this Agreement unilaterally in the event of non-performance by one of the Parties of the terms of this Agreement and in cases provided for by the current legislation of Ukraine.

Please note that the online store “https://matis.studio” on the official website https://matis.studio has the right, in accordance with the legislation of Ukraine, to grant individual entrepreneurs and legal entities the right to use the online platform for the sale of goods.

Offer agreement

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