Agreement-Offer for the Purchase of Goods via Online Store

This Agreement is a public offer (proposal) between Sole Proprietor Iryna Oleksandrivna Zhdanenko (hereinafter referred to as the "Seller"), operating based on the State Registration Certificate dated 30.05.2023 No.2000700010002026177, and an individual (hereinafter referred to as the "Buyer"), on the other hand, which includes all significant terms for organizing the purchase and sale of goods remotely (i.e., through the Online Store).

Website — the publicly available website fama-presents.com, owned or legally used by Iryna Oleksandrivna Zhdanenko. This platform is open for public viewing and serves as a medium for providing services and selling products.  

The terms of this Agreement govern the relationship between the Seller and the Buyer and are regulated, including by the Law of Ukraine "On Consumer Protection" No. 1023-XII dated May 12, 1991, the Civil Code of Ukraine No. 435-IV1 dated January 16, 2003, and the Law of Ukraine "On Electronic Commerce" No. 675-VIII dated September 3, 2015.

When concluding the Agreement based on this Offer, the parties are also guided by the information referenced in the clauses of the Agreement, which is an integral part of the Agreement.

This Offer is an official document and holds the necessary legal force and is published on the Seller’s website fama-presents.com.

1. Terms and Definitions

1.1. **"Online Store"** - a means for presenting or selling Goods by making an electronic transaction – a website located at fama-presents.com(hereinafter referred to as the Website), created for concluding sales agreements based on the Buyer’s acquaintance with the description of the Goods proposed by the Seller, through photographs and characteristics, via the Internet, including the possibility for the Buyer to view the Goods remotely.

1.2. "Goods" – items offered for sale in the Online Store or already purchased by the Buyer from the Seller remotely.

1.3. "Order"*– the result of reaching an agreement between the Buyer and the Seller regarding the models, quantity of Goods, total cost to be paid under the Agreement, the method of payment, delivery method, and the delivery term.

1.4. "Application" – a written (electronic) or oral (via phone) expression of the Buyer’s intention to purchase goods. It can be made:

Using the special "cart" menu on the Website;
By sending an email to the email address provided on the Website;
By sending an email via the built-in chat on the Website;
By communicating in the online chat on the Website;
Via phone when speaking with the Seller’s representative by calling the phone number listed on the Website.

1.6. Buyer – a legal entity, an individual entrepreneur, or a citizen of Ukraine who has the necessary legal capacity to conclude this Agreement.

 2. Subject of the Agreement

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

The text of the Agreement-Offer (hereinafter referred to as the "Agreement") is posted at: fama-presents.com/page/oferta.html.

2.2. The fact of placing an Order constitutes an unequivocal acceptance of this Offer and agreement to all the terms of this Agreement.

2.3. The date of concluding the Agreement is the date of the Buyer’s payment for the Order.

3. Order Placement Procedure

3.1. The Buyer independently places an Order on the Website or by contacting the Seller’s representative, choosing one of the available methods on the Website, namely:

Using the special "cart" menu on the Website;
By sending an email to the email address provided on the Website;
By sending an email via the built-in chat on the Website;
By communicating in the online chat on the Website; Via phone when speaking with the Seller’s representative by calling the phone number listed on the Website.

3.2. After receiving the Order, the manager has the right to contact the Buyer via the provided phone number or email to confirm or clarify the details of the Order.

3.3. After confirming the Order, the Goods are prepared for transfer (shipping) to the Buyer.

3.4. The amount due for the Order is displayed in the "cart" menu on the Website or communicated to the Buyer via SMS, email, or by phone, depending on the method chosen for placing the Order.

3.5. After receiving the Order, depending on the selected delivery and payment method, all necessary information will be provided (see Delivery and Payment Terms).

3.6. In case the Goods ordered by the Buyer are unavailable, the Seller has the right to remove the Goods from the Order or cancel the Order by calling or sending an electronic message to the Buyer’s email or notifying the Buyer by phone.

4. Order Payment Procedure

4.1. The Buyer can pay for the Order by the following methods (also available for review in the "Delivery and Payment" section on the Website):

1. Cash on delivery, when receiving the goods via courier service;
2. Payment upon receiving at Nova Poshta (cash on delivery);
3. Visa or MasterCard from any Ukrainian bank using LiqPay;
4. Payment via terminals, by providing the details given by the manager;
5. Other methods listed on the Website.

4.2. In case of an order for delivery outside of Ukraine, the delivery payment is made when placing the order.

5. Delivery Terms, Cost, and Conditions

5.1. Delivery and return of the Order are carried out by the Seller or a transport company at the Buyer’s expense, as regulated on the Website in the "Payment and Delivery" section, and additionally agreed upon during the Order placement.

5.3. The cost of delivery in the Online Store is specified on the Website in the "Payment and Delivery" section and depends on the current rates of the carrier.

6. Seller’s Obligations

The Seller is obliged to:

6.1. Fulfill the terms of this Agreement.

6.2. Fulfill the Buyer’s Order in case of acceptance of such Order and availability of the corresponding Goods and payment from the Buyer according to the procedure defined by this Agreement.

6.3. Transfer the Goods to the Buyer as per the Order, under the condition that the Buyer fulfills the terms of this Agreement.

6.4. Verify the quality and quantity characteristics of the Goods during packing.

6.5. Provide the Buyer with a receipt for the Goods.

7. Buyer’s Obligations

Before placing an Order, the Buyer is obliged to:

7.1.1. Familiarize themselves with the information about the Goods posted on the Website.

7.1.2. Familiarize themselves with and accept the terms of this Agreement or refuse to place the Order if the terms are unacceptable.

After placing the Order, the Buyer is obliged to:

7.2.1. Pay the cost (price) of the Goods in the manner and within the timeframe specified in the Order.

7.2.2. Accept the Goods selected in the Order.

7.2.3. Upon receiving the Goods, ensure their completeness by inspecting the contents of the packaging. In case of missing items or damage, they must be recorded in the act, which must be signed by the person delivering the Goods and the Buyer.

8. Goods Acceptance and Replacement Procedure

8.1. Upon receiving the Goods, the Buyer must verify their integrity and completeness by inspecting the contents of the packaging. In case of any defects/damages or missing items, they must be recorded in an act, signed by both the Buyer and the person delivering the Goods.

9. Liability of the Parties

9.1. The parties are liable for non-performance or improper performance of the terms of this Agreement as per this Agreement and the current legislation of Ukraine.

9.2. The Seller is not responsible for slight changes to the appearance of the Goods made by the manufacturer (fittings, material color, fabric print).

10. Miscellaneous Terms

10.1. The Online Store reserves the right to unilaterally amend this Agreement with prior publication on the website fama-presents.com.

11. Term of Agreement and Termination Procedure

11.1. This Agreement becomes effective upon the Buyer’s acceptance (payment to the Seller’s account) and is valid until the full performance of obligations by the parties, except in cases of early termination.

 12. Special Terms for Orders by Legal Entities and Individuals

12.1. In case of placing an Order not for personal needs, but for business activities or employment obligations, the law "On Consumer Protection" will not apply to the Buyer.

13. Intellectual Property Rights

13.1. In case of a violation of third-party rights regarding the Goods, including intellectual property rights, or upon receipt of a substantiated claim (complaint) from the rights holder or an authorized person, such Goods will be immediately removed from the Online Store Website.

13.2. Responsibility for violations of intellectual property rights concerning the Goods lies exclusively with its manufacturer, importer, or supplier.

13.3. The Seller is not responsible for third-party rights violations committed by the manufacturer or supplier of the Goods, provided that the Seller acted in good faith and was unaware of such violations at the time of listing the Goods on the Website.

13.4. If you believe that a particular product infringes your intellectual property rights or other third-party rights, please immediately notify us at the following email address: info@fama-presents.com. In your message, please include details of the violation and supporting documents for prompt consideration.

Seller’s Address and Contact Details:

Sole Proprietor Iryna Oleksandrivna Zhdanenko
Kyiv, Gogolivska St., 39
+38(096)100-05-49

Beneficiary code
TIN
2748802266
PJSC "PRIVATBANK"