PUBLIC AGREEMENT (OFFER) for the ordering, sale, and delivery of goods
This Agreement is an official and public offer by the Seller to enter into a contract for the sale of goods presented on the website https://makerzoid.fun/. This Agreement is public, meaning 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, or individual entrepreneur), without granting preference to any particular buyer. By entering into this Agreement, the Buyer fully accepts the terms and procedures for ordering goods, payment, delivery, return of goods, liability for improper orders, and all other conditions of the Agreement. The Agreement is considered concluded from the moment the Buyer clicks the “Confirm Order” button on the order checkout page in the “Cart” section and receives an electronic confirmation of the order from the Seller.
1. Definitions
1.1. Public Offer (hereinafter referred to as “Offer”) – the public proposal by the Seller, addressed to an indefinite number of people, to conclude a contract for the sale of goods with the Seller remotely (hereinafter – “Agreement”) under the terms outlined in this Offer.
1.2. Product or Service – the object of the transaction chosen by the Buyer on the website of the Online Store, added to the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online Store – the Seller’s website at www.makerzoid.fun, designed to conclude retail and wholesale sale contracts based on the Buyer’s familiarization with the description of the goods offered by the Seller via the Internet.
1.4. Buyer – an individual of legal age, 18 years or older, who receives information from the Seller, places an order to purchase goods presented on the Online Store’s website for purposes not related to business activities, or a legal entity or individual entrepreneur.
1.5. Seller – Individual Entrepreneur Iryna Viktorivna Kuzka (identification code 3357613449), registered and operating under the current laws of Ukraine, located at: Kyiv, Mayakovskyi Avenue, building 1a, apartment 49.
2. Subject of the Agreement
2.1. The Seller agrees to transfer ownership of the Product to the Buyer, and the Buyer agrees to pay for and accept the Product under the terms of this Agreement.
2.2. The date of concluding the Agreement-Offer (acceptance of the Offer) and the moment of the Buyer’s full and unconditional acceptance of the terms of the Agreement shall be the date on which the Buyer completes the order form on the Online Store’s website, provided the Buyer receives an electronic confirmation of the order from the Seller. If desired, the Agreement may be formalized in written form at the request of the Buyer.
3. Placing an Order
3.1. The Buyer independently places an order in the Online Store via the “Cart” form or by ordering via email or phone number listed in the Contacts 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 the order placement is incomplete or raises suspicion regarding its authenticity.
3.3. When placing an order on the Online Store website, the Buyer is required to provide the following essential information necessary for the Seller to fulfill the order:
3.3.1. Buyer’s last name, first name; 3.3.2. Address to which the Product is to be delivered (if delivery to the Buyer’s address); 3.3.3. Contact phone number; 3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article number, and price of the Product selected by the Buyer are indicated in the Buyer’s cart on the Online Store’s website.
3.5. If either party to the Agreement requires additional information, they have the right to request it from the other party. The Seller is not responsible for the quality of service provided to the Buyer if the necessary information is not provided by the Buyer.
3.6. When placing an order through the Seller’s operator (Clause 3.1 of this Offer), the Buyer is required to provide the information specified in Clauses 3.3 – 3.4 of this Offer.
3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.8. By concluding the Agreement, i.e., accepting the terms of this Offer (purchasing the Product), the Buyer confirms the following:
a) The Buyer has thoroughly reviewed and agrees with the terms of this Offer; b) The Buyer consents to the collection, processing, and transfer of personal data; consent to process personal data is valid throughout the term of this Agreement and an indefinite period thereafter. By entering into this Agreement, the Buyer confirms that they are informed (without further notice) of the rights established by the Law of Ukraine “On Protection of Personal Data,” regarding the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of fulfilling this Agreement, facilitating mutual settlements, and receiving invoices, acts, and other documents. The Buyer also agrees that the Seller may provide access and transfer their personal data to third parties without further notice to the Buyer to fulfill the Buyer’s order. The Buyer’s rights as a data subject under the Law of Ukraine “On Protection of Personal Data” are known and understood.
4. Price and Delivery of Goods
4.1. Product and service prices are set by the Seller independently and listed on the Online Store’s website. All prices on the Online Store’s website are in hryvnias.
4.2. Prices for Products and services may be changed by the Seller unilaterally depending on market conditions. However, the price of an individual Product, for which the Buyer has paid in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the Product on the Online Store’s website does not include the delivery cost. The delivery cost is paid by the Buyer according to the current delivery service (carrier) rates directly to the selected delivery service (carrier).
4.4. The Buyer’s payment obligations are considered fulfilled when the Seller’s account receives funds.
4.5. Payment between the Seller and the Buyer for the Product is made by the methods indicated on the Online Store’s website in the “Payment and Delivery” section.
4.6. Upon receipt of the Product, the Buyer must verify the Product’s compliance with qualitative and quantitative characteristics (product name, quantity, completeness, expiration date) in the presence of the delivery service (carrier) representative.
4.7. The Buyer or their representative confirms by signing the receipt or transport bill of lading that there are no claims regarding the quantity, appearance, and completeness of the goods.
4.8. Ownership and risk of accidental loss or damage to the Product pass to the Buyer or their representative from the moment the Buyer receives the Product at the delivery location when self-picking from the Seller or when the Product is handed over by the Seller to the selected delivery service (carrier) chosen by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller is obliged to: 5.1.1. Transfer the Product to the Buyer in accordance with the terms of this Agreement and the Buyer’s order. 5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties except in cases provided by law and in fulfilling the Buyer’s order.
5.2. The Seller has the right to: 5.2.1. Unilaterally modify the terms of this Agreement and the prices of goods and services by posting them on the Online Store’s website. All changes take effect upon publication.
5.3. The Buyer is obliged to: 5.3.1. Familiarize themselves with the Agreement’s content, terms, and prices offered by the Seller on the Online Store’s website before entering into the Agreement. 5.3.2. To enable the Seller to fulfill its obligations to the Buyer, provide all necessary data to identify the Buyer and ensure delivery of the ordered Product to the Buyer.
6. Return of Goods
6.1. The Buyer may return non-food goods of adequate quality to the Seller if they are not satisfied with the shape, size, style, color, or other characteristics, or if the item cannot be used for its intended purpose. Returns must be made within 14 days, excluding the purchase date. Returns of goods in satisfactory condition are allowed if the item has not been used, retains its marketable appearance, consumer properties, packaging, seals, labels, and the Buyer’s proof of payment is available. The list of goods not eligible for return on the grounds stated in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund for returned goods of adequate quality is made within 30 days from receipt by the Seller, provided compliance with the requirements of Clause 6.1 of the Agreement and Ukrainian law.
6.3. The cost of returning the Product to the Seller is borne by the Buyer and is not reimbursed by the Seller.
6.4. In case of defects in the Product within the warranty period, the Buyer has the right to claim remedies under the Law of Ukraine “On Consumer Protection.” The deadline for remedying defects starts from the date the Product is returned to the Seller and physically accessible for inspection.
7. Liability
7.1. The Seller is not liable for damage to the Buyer or third parties due to improper assembly, use, or storage of the Product purchased from the Seller.
7.2. The Seller is not responsible for improper or late performance of orders and obligations due to the provision of inaccurate or erroneous information by the Buyer.
7.3. The Seller and Buyer are responsible for fulfilling their obligations under the current laws of Ukraine and this Agreement.
7.4. The Seller or Buyer is exempt from liability for full or partial non-performance of obligations due to force majeure, including war, earthquake, flood, fire, and other natural disasters beyond their control after the Agreement’s conclusion. The affected party must immediately notify the other party.
8. Confidentiality and Data Protection
8.1. By providing their personal data on the Online Store’s website, the Buyer consents to its processing, use (including transfer), and other actions stipulated by the Law of Ukraine “On Protection of Personal Data” without term limitation.
8.2. The Seller is obligated not to disclose Buyer information except to third parties involved in fulfilling the Buyer’s order, per the Seller’s agreements, or as required by Ukrainian law.
8.3. The Buyer is responsible for keeping their personal data up-to-date. The Seller is not liable for poor performance or failure to fulfill obligations due to inaccurate or outdated Buyer information.
9. Miscellaneous
9.1. This Agreement is concluded in Ukraine and is governed by Ukrainian law.
9.2. Disputes between the Buyer and the Seller shall be resolved through negotiation. If no resolution is reached, either party may refer the dispute to the courts under Ukrainian law.
9.3. The Seller may unilaterally amend this Agreement as specified in Clause 5.2.1 of the Agreement. Amendments may also be made by mutual consent of the parties under Ukrainian law.
SELLER’S ADDRESS AND DETAILS:
Individual Entrepreneur Iryna Viktorivna Kuzka
Ukraine, 02225, Kyiv, Mayakovskyi Avenue, building 1a, apartment 49
IBAN: UA643220010000026006330137363
EDRPOU: 3357613449
Bank Code: 322001
Bank Name: PJSC “UNIVERSAL BANK”
Phone: +380 63 571 3650