Public Offer Agreement (Terms & Conditions)
PUBLIC OFFER AGREEMENT (Terms and Conditions)
(hereinafter - the "Agreement")
This Agreement is a public offer, which means that, in accordance with Articles 633, 641 of the Civil Code of Ukraine and Article 11 of the Law of Ukraine "On Electronic Commerce", 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 placing an order on the website www.goldbarlemonade.com (hereinafter - the "Website"), the Buyer automatically agrees to the terms of this Public Offer Agreement (hereinafter - the "Agreement") and confirms their consent to enter into a contract of sale under the terms specified below.
1. GENERAL PROVISIONS
1.1. This Agreement is an official and public offer of Gold Bar Lemonade or ТОВ "Ґолд Бар Лемонейд", hereinafter referred to as the "Seller," to conclude a contract for the sale of goods presented on the Website.
1.2. The Seller sells goods through the online store at www.goldbarlemonade.com
1.3. The Buyer (Customer) is an individual or legal entity who places an order on the Website or intends to order or purchase goods exclusively for personal needs not related to business activities.
1.4. The goods are art pieces and related products offered for sale and displayed on the Website.
1.5. Acceptance of this Public Offer (hereinafter - "Acceptance") is the full and unconditional acceptance by the Buyer of all terms of this Agreement, confirmed by the fact of placing an order on the Website. The electronic contract is considered concluded from the moment the Buyer receives confirmation of their order.
1.6. By accepting this Agreement, the Buyer confirms their legal capacity and legal capacity in accordance with the current legislation of Ukraine, and undertakes the obligations arising from the use of the Website and the conclusion of this Agreement.
1.7. The Seller has the right to unilaterally change the terms of this Public Offer at any time. The amended Agreement becomes valid from the moment it is published on the Website, unless a different effective date is specified upon publication.
2. SUBJECT OF THE AGREEMENT
2.1. In accordance with the procedure and under the conditions specified in this Agreement, the Seller undertakes to transfer ownership of the goods ordered by the Buyer, and the Buyer undertakes to pay for and accept the corresponding goods.
2.2. The scope of this Agreement includes: voluntary selection of goods by the Buyer in the online store; independent placement of an order by the Buyer in the online store; payment by the Buyer for an order placed in the online store; and processing and delivery of the order to the Buyer under the terms of this Agreement.
3. PRODUCT INFORMATION
3.1. Information about the goods (name, description, image, price, characteristics) is published on the Website.
3.2. All information materials presented on the Website are for reference purposes only and cannot fully convey accurate information about the properties and characteristics of the goods, including colors, sizes, and shapes. The actual appearance of the art piece may vary slightly from the images due to individual screen settings.
3.3. In case the Buyer has questions regarding the properties and characteristics of the goods, they must contact the Seller for clarification before placing an order.
4. ORDER PLACEMENT AND ACCEPTANCE
4.1. The Buyer may place an order for any goods presented on the Website and available.
4.2. An order is placed by the Buyer independently through the "Shopping Cart" form on the Website, or by other means specified on the Website (e.g., by phone call, email, or messenger).
4.3. When placing an order, the Buyer undertakes to provide complete and accurate mandatory information required by the Seller to fulfill the order, including: * Full name of the Buyer (or recipient). * Contact phone number. * Email address. * Delivery address (city, Nova Poshta branch number/address, or full street address for courier delivery). * [Any other specific information required, e.g., specific art details if applicable].
4.4. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicions about its accuracy.
4.5. The Buyer's selected goods, quantity, and price are indicated in the Buyer's "Shopping Cart" on the Website.
4.6. If a product is out of stock after an order is placed, the Seller's manager is obliged to inform the Buyer (by phone or email). In such a case, the Buyer has the right to replace it with a similar product, refuse the product, or cancel the order.
5. PRICE AND PAYMENT PROCEDURE
5.1. Prices for goods are determined by the Seller independently and are indicated on the Website in Ukrainian Hryvnia (UAH).
5.2. Prices for goods may be changed by the Seller unilaterally 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.
5.3. Payment for goods is made in the manner specified on the Website in the "Payment Methods" section.
5.4. For orders with "Payment upon Receipt (Cash on Delivery)", a mandatory prepayment is required as specified in the "Payment Methods" section. Nova Poshta's commission for cash on delivery services (2% of the order amount + 20 UAH) is paid by the recipient upon receipt.
5.5. In case of cancellation of a prepaid order, the cost of the product is returned by the Seller to the Buyer's payment card or bank account, in the same way that the payment was made.
5.6. The Buyer is solely responsible for the correctness of payments made by them. Responsibility for money transfers lies entirely with the banks and payment systems whose services the Buyer uses.
5.7. The following payment methods are accepted for orders on the website: bank cards Visa and MasterCard, and other payment systems available on the website (Portmone).
6. DELIVERY OF GOODS
6.1. Delivery of goods is carried out by Nova Poshta (Нова Пошта) or by self-pickup, as specified on the Website in the "Shipping & Delivery Policy" section.
6.2. Methods, estimated terms, and territory of delivery are specified on the Website in the "Shipping & Delivery Policy" section.
6.3. Upon delivery, the goods are delivered to the Buyer or a third party specified in the order (recipient). If it is not possible for the specified persons to receive the goods, the goods may be delivered to a person who can provide information about the order and pay for it in full. In this case, the Seller's obligations are considered properly fulfilled.
6.4. Ownership of the goods passes to the Buyer at the moment of physical delivery of the goods after full payment of the goods' cost. The risk of accidental loss or damage to the goods also passes to the Buyer at this moment.
6.5. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier) or at the Nova Poshta branch/parcel locker, check the integrity of the packaging and the completeness and quality of the goods. In case of damage or discrepancy, the Buyer must immediately inform the carrier's employee and fill out a damage/claim report, and also contact the Seller. The Seller is not responsible for damaged or missing items if the order was accepted without proper documentation of the issue.
7. RETURN AND EXCHANGE OF GOODS
7.1. The procedure for return and exchange of goods of proper and inadequate quality is carried out in accordance with the Law of Ukraine "On Protection of Consumer Rights" and is detailed on the Website in the "Refund & Return Policy" section.
7.2. The return of goods of proper quality is carried out at the expense of the Buyer.
7.3. When the Buyer returns goods of proper quality, the Seller returns the money paid for the goods upon the fact of return, no later than within 7 calendar days from the date the Seller receives the returned goods and confirms that all conditions for return are met.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. Seller's Rights:
8.1.1. To unilaterally terminate the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
8.1.2. To make changes to this Agreement, prices for goods, delivery methods, and payment methods unilaterally, without prior notice to the Buyer.
8.1.3. To transfer their rights and obligations to third parties for the execution of the Agreement.
8.1.4. To collect personal data of the Buyer for the purposes of fulfilling this Agreement, in accordance with the Privacy Policy.
8.2. Seller's Obligations:
8.2.1. To fulfill the terms of this Agreement.
8.2.2. To transfer the goods to the Buyer in accordance with the selected sample in the online store and the terms of the placed order.
8.2.3. To ensure that the goods correspond to the quality standards of Ukraine and have all necessary certificates (if required by law for the specific type of goods).
8.2.4. To process the personal data of the Buyer in accordance with the Law of Ukraine "On Protection of Personal Data" and the Privacy Policy.
8.3. Buyer's Rights:
8.3.1. To place an order for any goods presented on the Website.
8.3.2. To require the Seller to fulfill the terms of this Agreement.
8.3.3. To exchange or return goods in accordance with the "Refund & Return Policy."
8.3.4. To receive complete and accurate information about the goods and services provided by the Seller.
8.4. Buyer's Obligations:
8.4.1. To familiarize themselves with this Agreement, the "Shipping & Delivery Policy," "Payment Methods," and "Refund & Return Policy" before placing an order.
8.4.2. To timely and fully pay for the goods under the terms of this Agreement.
8.4.3. To provide reliable and accurate information when placing an order.
8.4.4. To check the integrity and completeness of the goods upon receipt from the carrier or during pickup.
8.5. Custom Orders
8.5.1. Description of Custom Orders: A custom order is a product that is not available in our standard inventory and is created specifically for the Buyer. By placing a custom order, the Buyer agrees to a longer fulfillment period to allow for the production and delivery of the item.
8.5.2. Terms of Sale and Payment: The terms of the custom order, including the final price, product specifications, and estimated fulfillment period, will be confirmed by the Seller in writing via email or another agreed-upon communication method. A full prepayment of the total order value is required to begin production.
8.5.3. Order Status and Communication: The Seller will provide the Buyer with regular updates on the status of their order. This will include notifications when production begins, key milestones are reached, and the item is ready for dispatch.
8.5.4. Delivery Time and Delays: Custom orders may require up to an additional week for fulfillment. The Seller will make every reasonable effort to meet the estimated timeframe. In the event of an unforeseen delay, the Seller will immediately notify the Buyer via email and provide a revised estimated delivery date.
8.5.5. Cancellation Policy: A custom order can be canceled by the Buyer within 72 hours of the initial payment. A full refund of the prepayment will be issued to the Buyer's original payment method. After this 72-hour period, the prepayment becomes non-refundable due to the commencement of production.
9. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION
9.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the current legislation of Ukraine.
9.2. The Seller is not responsible for minor discrepancies in the color scheme of the product, which may differ from the original product due to various factors (e.g., monitor calibration, lighting conditions during photography).
9.3. The Seller is not responsible for any damage caused to the Buyer as a result of improper use of the goods ordered on the Website.
9.4. The Seller is not responsible for delays in delivery caused by reasons beyond the Seller's control (e.g., actions of postal services, force majeure circumstances).
9.5. All disputes arising between the Buyer and the Seller shall be resolved through negotiations.
9.6. If it is impossible to resolve disputes through negotiations, they shall be resolved in a judicial procedure in accordance with the current legislation of Ukraine.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. All content and materials displayed on the Website, including but not limited to text, graphics, logos, button icons, images (especially images and photographs of art pieces), audio clips, video clips, digital downloads, data compilations, and the software used to create the Website, are the property of Gold Bar Lemonade or its content suppliers and are protected by Ukrainian and international copyright, trademark, and other intellectual property laws.
10.2. The art pieces themselves, as displayed or sold through the Website, are original creative works protected by copyright owned by the artist Brad Booth or their rightful copyright holders.
10.3. Any unauthorized use, reproduction, distribution, modification, transmission, re-publication, display, or performance of any content on this Website, including but not limited to images, photographs, descriptions of art pieces, or videos, without the express prior written consent of Gold Bar Lemonade is strictly prohibited.
10.4. The use of the Website does not grant the Buyer any rights to the intellectual property of the Seller or third parties displayed on the Website, except for the right to use the Website itself in accordance with its intended purpose.
10.5. Copying, extracting, or otherwise using information (text, images, software, etc.) from the Website for commercial purposes without the written consent of the Seller is prohibited.
11. FORCE MAJEURE
11.1. The Parties shall be released from responsibility for partial or complete non-fulfillment of their obligations under this Agreement if such non-fulfillment is the result of force majeure circumstances (e.g., natural disasters, fires, floods, military actions, acts of state authorities, etc.) that arose after the conclusion of this Agreement and which the Parties could not foresee or prevent by reasonable measures.
11.2. The Party for whom it has become impossible to fulfill obligations due to force majeure circumstances must notify the other Party in writing within 5 calendar days from the moment such circumstances arise.
11.3. Notwithstanding the above, in the event of force majeure circumstances, Gold Bar Lemonade is committed to maintaining open communication and actively working with the customer to explore possible alternative solutions, such as extended delivery times, alternative product arrangements, or other mutually agreeable resolutions, where feasible.
12. TERM OF THE AGREEMENT
12.1. This Agreement comes into force from the moment of its Acceptance by the Buyer and is valid until the full fulfillment of obligations by the Parties.
12.2. This Agreement may be terminated by mutual agreement of the Parties or unilaterally in cases provided for by the current legislation of Ukraine.
13. CONFIDENTIALITY AND PERSONAL DATA
13.1. The Seller collects and processes personal data of the Buyer in accordance with the Law of Ukraine "On Protection of Personal Data" and the "Privacy Policy" published on the Website.
13.2. By accepting this Agreement, the Buyer gives their consent to the collection and processing of their personal data by the Seller for the purpose of fulfilling the terms of this Agreement, for marketing activities, and for compliance with legal requirements.
14. SELLER'S DETAILS
Business Name: Gold Bar Lemonade, TOB “Ґолд Бар Лемонейд”
EDRPOU/Tax ID: 45458409
Legal Address: Solonka village, st. Stryiska 3b
Bank Details (IBAN): UA493510050000026003879227946
Bank Name: UKRSIBBANK
Email: goldbarlemonade@gmail.com
Phone: +380 98 867 3792