PUBLIC CONTRACT (OFFER)

on performance of works on individual tailoring of the author’s clothing, purchase and sale of goods.

This Agreement, in which one party, an individual entrepreneur, duly registered in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations (hereinafter – the Executor), on the one hand, and any person who has accepted this Offer (hereinafter – the Customer), on the other hand, hereinafter together – the Parties, and each separately – the Party, have concluded this Agreement (hereinafter – the Agreement), addressed to an unlimited number of persons, which is an official public offer of the Contractor to enter into a performance agreement with any Customer works on individual tailoring of author’s clothes and/or purchase and sale of goods. By ordering and paying for the work performed by the Contractor (the purchased goods), the Customers accept the terms and conditions of this Agreement in the following.

1. GENERAL PROVISIONS

This Contract is concluded by full and unconditional consent (acceptance) of the Customer to conclude the Contract in its entirety, without signing a written copy of the Contract by the parties.
The contract has legal force in accordance with Art. Art. 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the parties.
By entering into the Agreement, i.e. by accepting the terms and conditions of this Offer (proposed terms and conditions for the performance of work on custom-made clothing and/or purchase of ready-made products), by placing an Order, the Customer confirms the following
The Customer is fully acquainted with and agrees with the terms and conditions of this public offer;
he/she gives his/her consent to the collection, processing and transfer of his/her personal data; the consent to the processing of his/her personal data is valid for the entire duration of the contract, as well as for an indefinite period after its expiration. Moreover, by concluding the Agreement, the Customer confirms that he/she has been informed (without any further notice) about the rights established by the Law of Ukraine “On personal data protection”, about the purposes of data collection, as well as about the fact that his/her personal data will be transferred to the Contractor in order to be able to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. The Customer also agrees that the Contractor has the right to provide access to the Customer’s personal data to third parties and to transfer such data to third parties for the purpose of fulfilling the order, without the Customer having to provide any additional information. The Customer is aware of and understands the scope of his rights as the subject of personal data in accordance with the Law of Ukraine “On the Protection of Personal Data”.
Any of the following actions shall be considered as acceptance of this public offer agreement
The fact of registration of the Customer on the website of the Provider and execution of an order for performance of work by the Provider and/or purchase of finished products on the website of the Provider, payment for the work performed by the Provider under the conditions and in the manner specified in this Agreement and on the relevant pages of the website of the Provider http:
By entering into this Agreement, the Customer automatically agrees to the terms and conditions of this Agreement in full and without reservation.
If Customer does not agree to the terms of this Agreement, Customer has no right to enter into this Agreement and no right to use the Services under this Agreement.

2. TERMS AND DEFINITIONS

“Public Offer Contract” – a public contract, a sample of which is published on the website http: rachytska.com
“Acceptance” – the provision by the Customer of full and unconditional consent to the conclusion of this Agreement in its entirety without the signing of a written copy of the Agreement by the Parties.
“Completed Work” – work on making the Author’s garments according to the Customer’s individual parameters.
“Customer” – any legal person, legal entity, individual entrepreneur who visited the website http:rachytska.com and accepted this Agreement.
“Performer” – a natural person, an entrepreneur, who performs the work provided for in this Agreement.
“Order” – a duly executed request of the Customer for making of the Author’s garments from the list of products specified on the Website and/or purchase of ready-made products specified on the Website.
“Finished Products” – garments, jewelry, accessories specified on the website of the Agent, which are sold “as is”, without any changes/adjustments.

3. SUBJECT MATTER OF THE CONTRACT

The Contractor undertakes to make the garments (hereinafter referred to as the “Product” or “Products”) according to the list and samples of the Contractor according to the individual parameters of the Customer and to transfer the Product to the ownership of the Customer, and the Customer undertakes to pay for and accept the Product under the terms of this Contract. All Products shall be manufactured exclusively for the Customer on an individual basis.
The Contractor undertakes to transfer the ownership of the finished product (hereinafter the “Product”) to the Customer, and the Customer undertakes to pay for and accept the Product under the terms of this Agreement.
28. The Customer and the Supplier confirm that this Agreement is not a fictitious or sham transaction or a transaction entered into under duress or misrepresentation.

4. ORDER PROCESSING

The Customer independently places an order in the online shop using the “Shopping Cart” form, or by sending an order by e-mail or calling the phone number indicated in the contact section of the website.
When placing an order on the website, the customer undertakes to provide the following mandatory information necessary for the contractor to fulfill the order
Name and surname of the Customer
the address to which the Products are to be delivered (in case of delivery to the Customer’s address)
Contact telephone number
Identification code for a legal entity or an individual entrepreneur.
The name, quantity and price of the finished product selected by the Customer are indicated in the Customer’s shopping cart on the Website.
In order to place an order for the performance of work on individual tailoring of the Product, the Customer is guided by the provisions of clause 5 of this Agreement.
If one of the parties needs additional information, it has the right to send a request for such information to the other party. If the Customer does not provide the necessary information, the Provider shall not be responsible for providing the Customer with a quality service when purchasing ready-made products/ordering custom-made clothing in the Online Shop.
When placing an order through the service provider of the Company (section 4.1 of the present offer), the Customer undertakes to provide the information specified in sections 4.2.1 – 4.2.4 of the present offer.

5. PROCEDURE FOR PLACING AND FULFILLING AN ORDER FOR INDIVIDUAL TAILORING OF A PRODUCT

Orders for customization of the Product may be placed on the Website or in the Company’s workshop.

The Product shall be ordered according to the design samples proposed by the Provider and selected by the Customer. In the case of an online order, the Client selects the Product from among the photos of the Designer’s clothing samples (hereinafter referred to as “Photos”) published on the Designer’s official pages in social networks or on his website, or sent by the Designer to the Client personally using electronic means of communication.

When ordering the Product in the Studio of the Contractor, the Client chooses the Product both among the offered samples, which are available at the time of the order, and among the Photos.

When ordering the product according to the photos, the actual color of the product may differ from the color on the photo due to the settings of the monitor or screen of the electronic device.

All essential characteristics of the samples chosen by the Customer, in particular, but not exclusively: code/article, color, other characteristic features are specified in the Annexes to this Agreement.
Taking into account the individual approach to the fulfillment of the order, the exclusivity of some embroidered elements, as well as the decoration of the products with handmade embroidery, the parties agree on possible changes in the embroidery, which are specified in the appendices to this contract. If it is not possible to choose the embroidery immediately at the time of ordering, the Parties agree to do so within 7 calendar days from the date of signing this Agreement. The approval period may be extended by agreement of the parties, but not more than 14 calendar days. Agreements made by the Parties after signing this Contract shall be recorded in writing in the form of an Annex to this Contract, which shall be an integral part of this Contract, with the mandatory indication of the date of signing.

When the Customer places an order in the Contractor’s workshop for the execution of the Product selected by the Customer, the Contractor shall take the necessary measurements from the Customer, which are specified in the Annex to this Contract. If the order is placed online, the Customer shall provide the Supplier with the necessary measurements in accordance with the Supplier’s recommendations for taking measurements, which are published on the official pages of the Supplier in social networks or on his website, or which the Supplier sends to the Customer personally by means of electronic communication.
50. When choosing a pattern, the Customer makes a personal decision and cannot rely on the advice of the Agent, since the Agent cannot be held responsible for the conformity of the final result of the manufactured product with the expectations of the Customer. The Customer makes such a decision himself, taking into account his parameters and features of his figure, even if the parameters of the model in the photos are similar.

During the fitting, the Customer may, if possible, make adjustments at a certain stage of the work, in particular, reduce the length of the Product or its sleeve, reduce the width of the frame or change the fit of the sleeve, if such process has not yet been performed by the Contractor before the Product is tried on for the Customer. Such corrections shall be recorded in writing by the parties in the Annex to this Agreement, which shall form an integral part of this Agreement.If the customer has the desire and the possibility to come to try on the product, the parties agree on its time in advance. The place of fitting is Lviv, St. Pylnikarska, building 2.

If the Customer decides to make corrections to the embroidery elements, design, decoration of the Product or to the dimensions previously agreed by the Parties, the Contractor may refuse such changes if, in the opinion of the Contractor’s highly qualified team, they contradict the rules of composition, color, sewing and embroidery technology, or if such corrections cannot be made with the materials used for the ordered Product. If such corrections are possible, they shall be made in writing as an appendix to this Agreement, which shall be an integral part thereof, and shall be paid by the Customer additionally according to the Contractor’s invoice before such corrections are made to the Product.

6. PRICE AND CALCULATION METHOD

The prices of the finished Products are set independently by the Company and are indicated on the Company’s website. The cost of products made to order is determined separately for each specific product ordered.

The prices of finished products and services may be unilaterally changed by the Company depending on market conditions. At the same time, the price of a single unit of the Finished Product, the cost of which has been paid in full by the Customer, cannot be changed unilaterally by the Contractor.

The price of the finished product indicated on the web page does not include the cost of delivery of the product to the Customer. The cost of delivery of the finished product shall be paid by the Customer in accordance with the valid tariffs of delivery services (carriers).

The payment for the customization of the Products according to the Customer’s individual order is made on the basis of advance payment without cash by means of transfer to the current account of the Company. The Customer shall pay for the order in two parts: the first part in the amount of at least 50% shall be paid by the Customer after the conclusion of the Contract, the second part (the balance) shall be paid by the Customer after the production of the Product and before its delivery to the Customer, and in case of delivery of the Order, before the delivery of the Product to the Customer. If the Customer has a need to speed up the execution of the Order, and the Contractor agrees to new deadlines for the execution of the Order, attracting for this purpose additional resources and reserves, then the cost of works under this Agreement increases, which is fixed in the Annex to this Agreement, which is an integral part of it.

Payment for the finished products shall be made on the condition of advance payment of 100% of the price of the finished products by transfer of funds to the Contractor’s account using the details provided by the Contractor.

The obligations of the Customer to pay for the Finished Products and/or completed works shall be considered fulfilled from the moment the funds are credited to the account of the Contractor.

7. DELIVERY TERMS

Delivery of products is carried out by Nova Poshta LLC, or self-delivery from the workshop Vykonavets, located at the address Lviv, str. Pylnikarska, 2.

The cost of delivery is paid by the customer according to the tariffs established by the carrier.

The shipment is carried out only on condition of full payment of the cost of the ordered finished products and/or products made to individual order. The Contractor does not ship products on postpaid terms.

Upon receipt of the order, the Customer must check the conformity of the Products with the qualitative and quantitative characteristics (name, quantity, absence of defects, etc.) in the presence of the representative of the delivery service (carrier).

The buyer or his representative, when accepting the products, confirms with his signature on the sales receipt / or on the order / or on the transport invoice for the delivery of the goods that he has no complaints about the quantity, quality, appearance and completeness of the products.

The ownership and the risk of accidental loss or damage of the Products shall be transferred to the Customer or its representative at the moment when the Customer receives the Products from the Supplier at the place of physical transfer of the Products from the Supplier to the Customer, or at the moment when the ordered Products are handed over by the Supplier to the delivery service (carrier).

8. CONDITIONS FOR EXCHANGING AND RETURNING PRODUCTS

According to Article 9 of the Law of Ukraine “On Protection of Consumer Rights”, the consumer has the right to return or exchange a non-food product of adequate quality for a similar one from the seller from whom it was purchased, if the product does not satisfy him in terms of shape, dimensions, style, color, size or for other reasons it cannot be used as intended.

The exchange of goods of proper quality is carried out only in cases when the goods have not been used and their appearance, consumer characteristics, seals, labels, as well as the settlement document given to the consumer together with the sold goods have been preserved.

The cost of the finished goods of the appropriate quality shall be returned to the Customer within 30 (thirty) calendar days from the date of their receipt by the Contractor, provided that the requirements of Clause 8.1 are met. Agreement, current legislation of Ukraine.

The cost of the Finished Products shall be refunded by transferring the funds to the Customer’s account.

Return of finished products of appropriate quality to the address of the Contractor shall be at the expense of the Customer, and the Customer shall not be reimbursed by the Contractor.

The Contractor shall comply with the requirements of the Law of Ukraine “On Protection of Consumer Rights” provided that the Customer provides the documents required by the current legislation of Ukraine. The Contractor shall not be liable for any defects in the finished products which occurred after their delivery to the Customer as a result of the Customer’s violation of the rules of use, maintenance or storage of such products, actions of third parties or force majeure.

The buyer has no right to return/exchange products that are in good condition and have individually defined characteristics (dimensional characteristics, appearance, etc.)

The return/exchange of finished products of defective quality is carried out in accordance with Article 8 of the Law of Ukraine “On Protection of Consumer Rights”.

The return of the finished products, in the cases provided by the law and this Agreement, is carried out at the address indicated on the website in the “Contacts” section.

9. RIGHTS AND OBLIGATIONS OF THE PARTIES

The executor is obliged to

Fulfill the obligations set forth in this Agreement in a timely and complete manner in accordance with the terms of this Agreement and the Customer’s order.

Not to disclose any private information about the Customer and not to provide access to such information to third parties, except in cases provided by law and during the execution of the Customer’s order.

The executor has the right to

Unilaterally change the terms and conditions of this Agreement, as well as the prices of the Products and Services, by publishing them on the Website. All changes are effective from the moment of their publication.

Receive timely and full payment for finished products and/or completed custom orders.

Refuse to execute and/or deliver the order to the Customer in the event that the Customer violates the terms of this Agreement, or if the information provided by the Customer when placing the order is incomplete or raises suspicions about its validity. Payment of funds

The customer undertakes:

Familiarize himself/herself with the content of the Agreement, the terms and conditions of the Agreement, and the prices offered by the Company on the Website before entering into the Agreement.

Provide the Company with all information necessary for the performance of this Agreement in accordance with clauses 4.2, 4.5 of this Agreement.

Make timely and full payment for finished Products and/or completed Tailoring Work according to an individual Order.

The Customer shall have the right to

Receive in a timely manner and in full the Finished Products and/or the performance of the Tailoring Services pursuant to an individual Order in accordance with the terms of this Agreement;

Receive full and complete information regarding the execution of the Order.

10. RESPONSIBILITY OF THE PARTIES

The Contractor shall not be liable for any damage caused to the Customer or third parties as a result of improper use and storage of products purchased from the Contractor.

The Contractor shall not be liable if the final result of the product produced on the basis of an individual order does not meet the expectations or ideas of the Customer as to how this product should look, and/or if it looks different on the Customer than on the model in the photo due to a different size or feature of the figure, if the parameters are similar.

The Contractor and the Customer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

The Customer is responsible for the reliability, completeness and timeliness of the information provided when placing an order (name, surname and patronymic, contact information, delivery address, measurements for customization of products for an individual order, if the Customer takes them off independently, etc.). In the event that the Customer provides inaccurate, incomplete or otherwise distorted information, the Contractor is released from any responsibility for improper performance, partial performance or non-performance of the order, and the money paid for the order shall not be returned to the Customer.

11. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA.

By providing his personal data on the website of the Contractor during registration or placing an order, the Customer gives the Contractor his voluntary consent to processing, use (including transfer) of his personal data, as well as to performance of other actions provided by the Law of Ukraine “On Protection of Personal Data”, without limiting the term of such consent and without signing an additional consent.

The Contractor undertakes not to disclose the information received from the Customer. It is not considered a violation if the Contractor provides information to the Contracting Parties and third parties acting on the basis of an agreement with the Contractor, including for the purpose of fulfilling obligations to the Customer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

12. OTHER CONDITIONS

This contract is concluded on the territory of Ukraine and is valid according to the current legislation of Ukraine.

All disputes arising between the Buyer and the Seller shall be settled by negotiations. In case of failure to settle the disputed issue through negotiations, the Buyer and/or the Seller shall have the right to apply for the settlement of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.

The Seller has the right to unilaterally make changes to this Agreement as provided in clause

of this Agreement. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in accordance with the procedure provided by the current legislation of Ukraine.

INFORMATION ABOUT THE PERFORMER:
FOP Rachytska Khrystyna Volodymyrivna
RNOKPP 3194905200
79019, Lviv, 26 Zamarstinivska str., apartment 22
2. FOP Racytska Lyubov Vasylivna
RNOKPP 2418611484
80700, Lviv region, Zolochiv district, Zolochiv city,
Trusha str. 2-A, apartment 62.