This Public Offer Agreement is an official offer of the Seller to an unlimited number of persons to conclude an agreement with the Seller for the supply of goods remotely on the terms and conditions provided for by this offer by placing an order on the website https://artinhead.com/ (hereinafter referred to as the Site).

Definition of terms

Public Offer Agreement means a public Agreement, the terms of which, in accordance with Articles 633, 641 of the Civil Code of Ukraine, are the same for all Buyers, the unconditional acceptance of the terms of which by the Buyer (payment for the Goods in accordance with Part 2 of Article 642 of the Civil Code of Ukraine) shall be deemed acceptance of this Agreement between the Seller and the Buyer.

Online Store means a corresponding software and functional complex placed on the Website that allows you to familiarize yourself with the Goods, their appearance, technical characteristics, price, payment terms, etc., place a corresponding order, etc.

Administration – Individual Entrepreneur Zubakha Dmytro Yuriyovych, address: 78 Ivan Mazepa St., Chernihiv, Chernihiv region, Ukraine, e-mail: icm@artinhead.com, who is the copyright holder of the online store.

Acceptance – acceptance by a person of an offer to conclude the Agreement (by clicking on the “Place an order” link or by placing an order on the Site).

The seller is FOP Zubakha Dmitry Yurievich, an individual entrepreneur who sells goods through the website of the furniture factory artinhead.com. The site allows the sale of only goods manufactured and directly offered by the sole proprietor Zubakha Dmitry Yurievich. Information about the goods, including description, characteristics and prices, is posted directly by the Site Administration or by the individual entrepreneur Zubakha Dmitry Yurievich. The name ‘Seller’ in the documents related to the transfer of goods to the buyer refers exclusively to the sole proprietor Zubakha Dmitry Yurievich.

Offer means the Seller’s offer to enter into this Public Offer Agreement on the terms and conditions set forth in this Agreement, addressed to an unlimited number of persons.

Order place ment – the Buyer’s application for the purchase of the Goods addressed to the Seller for its execution and carried out by the Buyer placing an application in the Online Store by clicking on the “Place an order” link or by giving consent to place an order on the Site.

Order Confirmation is the Seller’s notification of receipt of the order from the Buyer and acceptance of such order for execution.

Buyer – any person who has accepted this public offer.

Parties – the combined name of the Seller and the Buyer.

Goods – any goods, information about which is posted in the Online Store.

1. General provisions

1.1. This Public Offer Agreement is a public Agreement in accordance with Articles 633, 641 of the Civil Code of Ukraine, the terms of which are established the same for all Buyers.

1.2. The fact of placing an order by the Buyer (by clicking on the “Place an order” link or by placing an order through the operator of the online store) in accordance with Part 2 of Art. 642 of the Civil Code of Ukraine is considered acceptance of this Agreement by the Buyer.

1.3. The Agreement concluded on the basis of the Buyer’s acceptance of this offer is the Adhesion Agreement, to which the Buyer shall be bound without any exceptions and/or reservations.

1.4. The Administration of the Online Store may at any time, without notice, make changes to this Agreement, materials and information contained in the Online Store. The Administration shall under no circumstances be liable for the irrelevance of the information on the site, any losses resulting from the use, inability to use or results of the use of the online store resource.

2. Subject of the agreement

2.1. The Seller undertakes to transfer the Goods to the Buyer’s ownership under the terms of this Agreement, and the Buyer undertakes to accept the Goods and pay for them under the terms of this Agreement.

2.2. The Seller and the Buyer confirm that this Agreement is not a fictitious, imaginary transaction, a transaction made under the influence of violence or fraud.

3. The moment of the contract conclusion

3.1. The Buyer’s acceptance of the offer to conclude the Agreement (Acceptance) is carried out by placing an order for the Goods in the Online Store. The moment of conclusion of the Agreement is the confirmation of the order by the Seller.

3.2. The fact of placing an order by the Buyer is an indisputable fact of acceptance by the Buyer of the terms of this Agreement, including the Buyer’s consent to the possible receipt of advertising materials by means of communication (including, but not limited to, e-mail, mobile communication). At any time, the Buyer may refuse to receive advertising materials by writing to us at icm@artinhead.com

4. Checkout

4.1. The Buyer shall order the Goods through the Online Store or with the help of the operator of the Online Store.

4.2. When ordering the Goods through the Online Store, the Buyer shall provide the following information about himself/herself:

surname, first name and, optionally, patronymic;
contact phone number;
e-mail address (optional);
the delivery address of the Goods.

4.3. The Buyer places an order by clicking on the “Place an order” link or by confirming the order to the operator of the online store, respectively.

4.4. The order shall be deemed accepted by the Seller and shall be subject to execution after the latter confirms the order (confirmation is a message from the Seller sent by means of communication to the Buyer).

4.5. Any information about the Goods contained on the Seller’s official website is for informational purposes only and cannot be taken as fully conveying all the properties and characteristics of the Goods. In case the Buyer has any questions regarding the properties and characteristics of the Goods, before ordering the Goods, he/she should contact the operator of the online store for advice.

5. Product price and payment terms

5.1. The price at which the Goods are sold shall be binding on the Seller and shall be specified in the documents for the transfer of the Goods to the Buyer. The specified price in these documents is part of the public offer and is binding at the time of transfer of the Goods.

The Seller reserves the right to change the prices of the Goods unilaterally. In this case, the prices for the Goods ordered by the Buyer (after the order is confirmed by the Seller) are not subject to change.

5.2. Payment for the Goods shall be made by the Buyer in non-cash form by transferring funds to the Seller’s current account. The currency of payment is hryvnia.

5.3. In case of non-cash payment, the Buyer’s obligations to pay for the Goods shall be deemed fulfilled upon crediting the funds to the Seller’s current account.

5.4. In case of sale of the Goods at a discount, information on the availability and amount of the discount shall be published on the Seller’s website as part of a public offer. The price of the goods at which it is offered with a discount is binding on the Seller and is indicated in accordance with clause 5.1 of this Agreement. The discounts provided for the goods shall not be cumulative and shall not be combined with other promotional offers.

6. Terms of delivery of goods

6.1. The Seller’s obligations to transfer the Goods to the Buyer arise from the moment the Buyer sends the order confirmation to the Seller.

6.2. The terms of delivery of the Goods to the Buyer shall be agreed by the Parties in each case and recorded in the order confirmation. The date of delivery of the Goods shall be indicated in the invoices for the Goods.

6.3. The Goods may be delivered to the Buyer at the address specified by the latter. When the Goods are delivered to the Buyer at the address specified by the Buyer, the transportation of such Goods shall be at the Buyer’s expense.

The Goods are delivered to the Buyer:

6.3.1. by means of a carrier (postal service, delivery service, courier service, etc.) to the point of delivery or to the address specified by the Buyer.

When delivering the Goods by means of a carrier, the Buyer fully and unconditionally agrees to the Rules of carriage of goods of the carrier’s company (including the cost of delivery).

6.4. The ownership of the goods shall be transferred from the Seller to the Buyer at the moment of actual transfer of the goods to the Buyer (for example, upon delivery of the goods by courier service to the destination specified by the Buyer)

6.5. The Seller’s obligations to transfer the Goods shall be deemed fulfilled upon transfer of the Goods to the carrier for delivery to the Buyer. However, the Seller shall remain responsible for the Goods until they are actually delivered to the Buyer. The risk of accidental loss of or damage to the Goods shall pass to the Buyer at the time of actual delivery of the Goods, and not at the time of their transfer to the carrier.

6.6. Acceptance of the Goods by the Buyer in terms of quantity and quality shall take place at the time of actual receipt of the Goods from the carrier. The Buyer shall have the right to check the Goods upon receipt and to make claims to the quantity, completeness and quality of the Goods at the time of delivery.

7. Return of goods

7.1. The Buyer has the right to return the Goods of good quality within 14 (fourteen) days after receiving the Goods. The Goods of good quality shall be returned if they have not been used and their presentation, consumer properties, seals, labels, as well as the payment document issued together with the sold Goods have been preserved. The list of Goods that are not subject to return on the grounds provided for in this clause is approved by the Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994.

7.2. Consideration of the Buyer’s claims, in particular. regarding the return of the Goods, shall be subject to the provision by the Buyer of the documents provided for by the current legislation of Ukraine (including a written application).

8. Rights and obligations of the seller

8.1. The seller has the right to:

at any time make changes to this Agreement, materials and information (including about the Goods) offered in the Online Store;
refuse to enter into the Public Offer Agreement if it is unable to sell the relevant Goods to the Buyer;
record telephone conversations with the Buyer, subject to the Buyer’s knowledge and consent;
to suspend the sale of the Goods to the Buyer in case of violation by the Buyer of its obligations (including, but not limited to, payment for the ordered Goods) under this Agreement;
require the Buyer to fulfill its obligations under this Agreement in good faith.

8.2. The seller is obliged to:

send the Buyer an order confirmation or notify the Buyer of the impossibility to fulfill the Buyer’s order;
transfer the Goods to the Buyer after the Buyer has made payment for such Goods;
to check the quality and quantity of the Goods during their transfer to the Buyer;
not to disclose any private information of the Buyer and not to provide access to this information to third parties, except in cases provided for by the legislation of Ukraine (it shall not be considered a violation of the Seller’s provision of information to counterparties and third parties acting on the basis of the Agreement with the Seller, including for the fulfillment of obligations to the Buyer);
prevent attempts to unauthorized access to information and/or transfer it to persons not directly related to the execution of orders; timely identify and stop such facts;
properly fulfill the terms and conditions of this Agreement.

9. Rights and obligations of the buyer

9.1. The buyer has the right to:

register in the online store;
in case of disagreement with any clause of the offer, refuse to purchase the Goods, register in the Online Store and take any other actions provided for by this Agreement;
seek advice from the Seller regarding the properties and characteristics of the Goods;
require the Seller to fulfill its obligations under this Agreement in good faith;
other rights provided for by the current legislation of Ukraine.

9.2. The buyer is obliged:

prior to concluding the Agreement, familiarize yourself with the content and terms of the Agreement, prices for the Goods offered by the Seller in the Online Store;
provide all the necessary data identifying him/her as the Buyer and required for registration in the Online Store by manually entering the data during registration in the Online Store or by providing the necessary information to the operator of the Online Store, and keep them up to date;
timely pay for the ordered Goods and their delivery;
to properly formalize the acceptance of the Goods (including signing and handing over to the Seller the relevant documents for receipt of the Goods), to present an identity document (a person authorized to receive the Goods);
check the quality and quantity of the Goods upon receipt from the Seller;
not to disclose any private information of the Seller and not to provide access to this information to third parties, except as provided by the legislation of Ukraine; not to transfer the login and password received during registration to third parties and be solely responsible for failure to fulfill this obligation;
properly fulfill the terms and conditions of this Agreement.

10. Liability of the parties and dispute resolution procedure

10.1. The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of Ukraine.

10.2. The Buyer, when placing an order, is responsible for the accuracy of the information provided to the Seller about himself (including, but not limited to, the information specified in clause 4.2 of the Agreement), and also confirms that he is familiar with the terms of this Agreement and agrees to them. The Seller shall not be liable for the accuracy and correctness of the information provided by the Buyer during registration.

10.3. The Seller shall not be liable for the inability to fulfill the Buyer’s order if such inability arose due to circumstances beyond the Seller’s control, including, but not limited to, disruption of communication lines, equipment failure, etc.

10.4. The total liability of the Seller for non-fulfillment or improper fulfillment of the terms of this Agreement shall be limited to the amount of the Buyer’s payment made under this Agreement.

10.5. The warranty for the goods is provided by the Seller, who is the manufacturer of the goods. Warranty obligations and conditions are determined by the Seller in accordance with its warranty policy. The Seller shall not be liable for damage to the Goods in cases not covered by the warranty, as well as in cases of violation by the Buyer of the conditions of storage or operation of the Goods.

11. Force majeure

11.1. The term of performance by the Parties of their obligations under this Agreement may be terminated only in the event of force majeure, namely: fire, natural disaster, armed conflict, significant changes in the legislation of Ukraine, which complicates or makes it impossible for a Party to fulfill its obligations under this Agreement, or other circumstances beyond the control of the Parties. The occurrence of force majeure circumstances shall be confirmed by an official document from a competent authority (e.g., the Chamber of Commerce and Industry of Ukraine), which has the right to assess and certify such circumstances.

11.2. The Party affected by force majeure shall notify the other Party in writing within 5 (five) calendar days.

11.3. In the event of force majeure, the Party affected by such circumstances shall, subject to the requirements of Clause 11.2 hereof, be released from liability under this Agreement for the period of such circumstances.

11.4. Upon termination of force majeure, the period for fulfillment of obligations shall be resumed. The Party affected by force majeure shall notify the other Party in writing of the termination of force majeure.

11.5. If the force majeure circumstances last for more than thirty (30) consecutive calendar days, the Parties shall have the right to terminate this Agreement and make final settlements. In this case, the losses caused by the termination of the Agreement shall not be reimbursed and no penalties shall be paid.

12. Other terms of the agreement

12.1. This Agreement shall enter into force upon receipt by the Buyer of the order confirmation from the Seller. The Agreement shall be valid until the Parties have fully fulfilled their obligations.

12.2. This Agreement is concluded on the territory of Ukraine and shall be governed by the current legislation of Ukraine.

12.3. The Buyer and/or the Buyer’s authorized persons consent to the Seller to process their personal data, namely surname, name, patronymic, registered place of residence and/or actual residence, taxpayer identification number, passport data, as well as contact phone/fax number, e-mail address, any other data specified by the Buyer in the registration form for registration in the online store and/or order, in order to comply with the requirements of the current legislation of Ukraine related to the conduct of financial and economic activities.

The Buyer confirms that he/she is familiar with the rights of the personal data subject provided for in Article 8 of the Law of Ukraine “On Personal Data Protection”.

12.4. The Online Store contains materials, trademarks, trade names and other materials protected by law. The Buyer or any other third parties are not entitled to use the materials posted in the Online Store (including making changes, copying, publishing, transferring to third parties, etc.) The use of materials on the site without the permission of the copyright holders is not allowed. When quoting the materials of the site, including protected works of authorship, a link to the website of the online store is required.

12.5. The Parties shall endeavor to resolve all disputes related to the non-fulfillment or improper fulfillment of their obligations under this Agreement through negotiations. In case of failure to reach an agreement during the negotiations, the disputes shall be resolved in accordance with the procedure provided for by the current legislation of Ukraine.

12.6. In cases not provided for in this Agreement, the Parties shall be governed by the current legislation of Ukraine.

Please read the text of the public offer carefully and if you do not agree with any clause of the offer, you have the right to refuse to purchase the Goods available in the online store and not to take the actions specified in clauses 4.2, 3.1 of this Offer.