PUBLIC CONTRACT on the provision of services and performance of works on individual tailoring of clothes, hand embroidery and creation of accessories.
The document, the provisions of which are set out below, is a public offer and a public contract. According to Art. Art. 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Customers, and unconditional acceptance of the conditions thereof is considered acceptance of this offer by the Customer. In accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, placing an order for individual work and/or tailoring of clothes, hand embroidery, accessories is an acceptance of this offer, which is equivalent to concluding a public contract on the provision of services and performance of work on individual tailoring of clothes, hand embroidery and creation of accessories (hereinafter - "Agreement") under the conditions set out below in the text.
This public contract is addressed to all individuals and legal entities that wish to use the services and results of the Contractor's work, and also have the technical and physical ability to receive such services and work.
Natural person-entrepreneur Yana Viktorivna Pustovoyt, acting on the basis of the Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations (record number: 10000000251895, date of record: 09/02/2014); registration number of the taxpayer's registration card: 3157706187, hereinafter referred to as the "Executor" from one Party, offers natural persons and/or legal entities, on whose behalf the authorized representative acts (hereinafter - the "Customer"), to receive the services and accept the work provided for in this Agreement .
1. DEFINITION OF BASIC TERMS
Acceptance – the provision by the Customer of full, unconditional 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. Atelier - the place of performance of the Contractor's activities, where services are provided and works on individual tailoring of clothes, hand embroidery and creation of accessories are performed.
The price (cost of services and works) is a payment, the amount of which is set by the Contractor for the provision of a certain volume of services and the performance of a certain number of works for the Customer. The customer is any natural or legal person who wishes to use the services of the Contractor.
Order - the Customer's application for the performance of work on individual tailoring of clothes, hand embroidery and creation of accessories, duly completed in the Atelier and/or with the help of mobile communication and the Internet, addressed to the Contractor.
The offer is the offer of the Contractor, posted on the Internet at the link https://iolanna-ars.com and addressed to an unlimited number of individuals and/or legal entities, about joining the Public Contract for the provision of services and the performance of work on the repair of clothing, underwear, accessories and /or household textiles.
Personal data - information or a set of information about a natural person who is identified or can be specifically identified.
Services (Works) - one or more services or works provided and performed by the Contractor, and indicated by the latter in the relevant section of the Contractor's website at the link https://iolanna-ars.com.
A public contract is a contract in which one party (the Contractor) has undertaken the obligation to sell goods, perform work or provide services to anyone who turns to it.
Items - items of individual tailoring of clothing, hand embroidery and accessories, ready-made costumes for performances for which an offer is posted on the Performer's Website.
Site (or "Website") - the website located on the Internet at the address: https://iolanna-ars.com, including all its web pages.
2. SUBJECT OF THE AGREEMENT AND GENERAL PROVISIONS
2.1. On the basis and conditions specified in this Agreement, the Contractor provides the Customer with Services and/or performs the Works, information about which is posted on the Website at the address: https://iolanna-ars.com, and the Customer accepts such Services and/or Works and pays them in accordance with the terms of this Agreement and in the amount established by the Contractor
2.2. The Contractor provides Services and/or performs Works under this Agreement only after the Customer has paid for such Services and/or Works.
2.3. The list of Services and Works provided and performed by the Contractor, as well as other necessary information, are listed on the Contractor's Website.
2.4. All terms and conditions for the provision of Services and execution of Works are posted in the appropriate section of the Contractor's Website.
2.5. The term of validity of the terms of this Agreement is not limited. Any of the Parties may terminate it in accordance with the procedure provided for in this Agreement.
2.6. All changes and additions to this Agreement are published on the Contractor's website.
2.7. All terms of this Agreement are binding for both the Customer and the Contractor. Before starting to use the Services and/or order the Contractor's Work, the Customer must familiarize himself with the terms of this Agreement. If the Customer does not agree to the terms of this Agreement, he has no right to use the Services of the Contractor and order the execution of the Works by the latter.2.8. If the Customer disagrees with the changes made by the Contractor to this Agreement or with new prices for the Services (Works), the Customer undertakes to stop using the Services of the Contractor and to order the execution of the Works.
2.9. Any of the following actions is considered acceptance of this Agreement: the fact of placing an order for Services (Work) directly in the Contractor's Studio and/or using mobile communications and the Internet; payment for the Contractor's Services and/or Works on the terms and in the manner specified in this Agreement and on the relevant pages of the Contractor's Website, and/or on the basis of the issued invoice.
2.10. This Agreement and its Annexes are official documents that are published on the Contractor's website at https://iolanna-ars.com.
3. CONTRACT CONCLUSION PROCEDURE
3.1. The Agreement is considered concluded without its further signing from the moment the Customer leaves an application or places an order for individual tailoring of clothes, hand embroidery and creation of accessories or makes payment for Services and Works, indicating agreement to abide by the terms of the Agreement, without signing its written copy by the Parties.
3.2. The actions specified in Clause 3.1 of the Agreement and performed by the Customer are confirmation of the latter's full and unconditional acceptance of the public offer and this Agreement.
3.3. The contract concluded by the Customer through the acceptance of a public offer is legally valid in accordance with Art. 642 of the Civil Code of Ukraine and equates to a written contract.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The executor is obliged to:
4.1.1. Provide the Customer with Services and perform the Works specified in this Agreement in a timely manner, in full, with high quality and at a high level.
4.1.2. In the event of impossibility of fulfilling one's obligations in accordance with the terms of this Agreement, notify the Customer in a timely manner, as well as take appropriate actions to eliminate obstacles to the fulfillment of obligations under this Agreement.
4.1.3. When providing Services and performing Works, take into account the Customer's recommendations regarding the scope, quality of such Services (Work), terms of their execution, etc.
4.1.4. Agree with the Customer on the cost and samples of accessories and other consumables that will be used to perform work on individual tailoring, hand embroidery and creating accessories.
4.1.5. After providing the Services and/or performing the Works, properly hand over the Items to the Customer in the manner and within the terms determined by the Parties' agreement.
4.1.6. Communicate with the Customer on all organizational issues, including financing and payments.
4.1.7. Not to disclose the Customer's personal information, including, but not limited to, information about his contact details, as well as any other information marked (declared) by the Customer as confidential.
4.1.8. Inform the Customer about the Services and Works, as well as the terms of their provision on the Website.
4.1.9. Make efforts to provide Services and perform Works at the highest level.
4.2. The executor has the right to:
4.2.1. To involve third parties in fulfilling their obligations under the Agreement, while remaining responsible to the Customer for the results of their work as their own.
4.2.2. To receive payment for the Services and Works from the Customer in accordance with the terms of the Agreement.
4.2.3. Not to provide the Services and not to perform the Works or to stop their provision and performance in case of violation by the Customer of the requirements provided for in this Agreement (including payment terms for the Services and Works), as well as in other cases established by the legislation of Ukraine and/or the oral agreement of the Parties. The Contractor also has the right to refuse the Customer the provision of Services (performance of Works), without explaining to the latter the reason for such refusal, returning to the Customer the funds, if such were paid.
4.2.4. In order to fulfill the terms of this Agreement, obtain from the Customer the necessary information about his proposals, wishes and reservations regarding the performance of works on individual tailoring of clothes, hand embroidery and creation of accessories.
4.2.5. Change and supplement this Agreement and its Annexes without prior agreement and without renegotiating this Agreement with the Customer, while ensuring that changes and additions are posted on the Website.
4.2.6. Place on the Internet photo and/or video materials with the image of the Item that was made to order for presentation purposes to confirm the Contractor's own professional experience.
4.2.7. If necessary, in the presence of the Customer, analyze (check) the results of the Services provided and the Works performed in order to determine whether the results of the Services and Works meet the Customer's wishes.
4.2.8. Inform the Customer about promotions and other news by posting relevant information on the Contractor's Website or sending information and advertising materials (messages) to the Customer's email address or phone number.
4.2.9. Other rights in accordance with the current legislation of Ukraine and the terms of this Agreement.4.3. The customer is obliged to:
4.3.1. Make timely and full payments with the Contractor for Services and Works in accordance with the terms of the Agreement.
4.3.2. Use the Services and the results of the Work in accordance with the rules published on the Contractor's Website.
4.3.3. Monitor changes and/or updates of information published on the Contractor's Website.
4.3.4. To comply with the regulations, order and requirements when accepting the Services and Works established by the Contractor.
4.3.5. Not to disclose to third parties information about other Customers that may be obtained during the period of provision of Services and/or execution of Works by the Contractor.
4.3.6. To agree with the Contractor on the scope, terms and cost of the Works and Services, as well as to indicate other wishes regarding the performance of individual works and/or tailoring of Things, hand embroidery, accessories, having read and signed before the start of the provision of Services by the Contractor and the execution of the Works, the order, which will specify the wishes and expression of will of the Customer regarding the performance of individual works and/or tailoring of Things, the cost of such Services and Works, as well as the terms and procedure for their provision and execution.
4.3.7. Agree on samples provided by the Contractor and the cost of fabrics, accessories and other consumables that will be used during the provision of Services and/or performance of Works within 2 (two) calendar days from the moment of providing such samples.
4.3.8. Refrain from behavior that degrades the honor, dignity, business reputation of the Contractor and/or third parties involved by the Contractor in the provision of Services and performance of Works under this Agreement. The dissemination of information that degrades the honor, dignity, and business reputation of the Performer should be understood as publishing it in the press, broadcasting it on radio, television, using other mass media, including social networks, presenting it in characteristics, statements, letters addressed to other persons , messages in public speeches, as well as in another form to an unspecified number of persons or at least one person. The dissemination of information is also the posting (demonstration) of posters, slogans, other works in public places, as well as the distribution among people of leaflets, which by their content or form dishonor the honor, dignity or business reputation of the Performer as a citizen or subject of entrepreneurial activity.
4.4. The customer has the right to:
4.4.1. To require the Contractor to provide quality Services and perform the Works in a timely manner and in accordance with the terms of this Agreement.
4.4.2. To receive the necessary and reliable information about the Services and Works of the Contractor, the order of their provision and execution, while not interfering with the activities of the Contractor and/or third parties involved by the latter.
4.4.3. Place an order for Services and Works, information about which is posted on the Contractor's Website, by leaving an application for the performance of individual works and/or tailoring of Things directly in the Atelier and/or by means of mobile communication and the Internet.
4.4.4. Leave feedback regarding the received Services and accepted Works, including, but not limited to, reviews, complaints, suggestions, comments, by contacting the Contractor and/or his authorized representative.
4.4.5. Other rights in accordance with the current legislation of Ukraine and the terms of this Agreement.5. COST OF SERVICES, PROCEDURE AND TERMS OF SETTLEMENT
5.1. The Customer shall pay for the Services and Works at the Prices set by the Contractor and posted in the appropriate section on payment on the Contractor's Website, in this Agreement and/or the Contractor's Atelier. The Contractor reserves the right to change the established Prices in the event of a change in market conditions or under other significant circumstances.
5.2. Payment for Services and Works shall be made by the Customer in the national currency of Ukraine by means of 100% (one hundred percent) prepayment, on the basis of an invoice issued by the Contractor, in cash or non-cash form, or by using a QR code to transfer funds to the Contractor's bank account.
5.3. Payment for the Contractor's Services (Work) is made by the Customer within 3 (three) banking days from the moment of signing and execution of the order-order and conclusion of the Agreement by the Parties. 5.4. Payment of the cost of fabric, fittings and other consumables used during the provision of Services and performance of Works shall be made by the Customer separately from the performance of individual work and/or sewing of such Items, after the latter has approved the cost of fabric, fittings and other consumables using mobile communications connection or the Internet, on the basis of the invoice issued by the Contractor to the Contractor's bank account at the time of receipt of the Item created by the Customer.
5.5. The cost of performing individual work and/or tailoring of Things depends on the complexity of the Services provided and the Work performed, the characteristics of the materials used, the specifics of the cut of the Things, and the time spent on providing the Services and performing the Work.
5.6. The cost of materials sold by the meter, including, but not limited to, fabrics, duplicating materials, ribbons, laces, zippers, lace, the Customer is obliged to pay in full, even in case of refusal to use such materials during the sewing of Items. 5.7. In case of non-payment within the specified period, the Contractor shall stop providing the Services and performing the Works, as a result of which this Agreement is considered invalid.
5.8. The date of proper fulfillment of obligations by the Customer in terms of payment for Services and Works (date of payment) shall be considered the date of crediting of funds to the Contractor's current account and/or payment of cash by the Customer.
5.9. In the event that the Customer has paid for the Services and Works, but decided to refuse them before the start of their provision and execution, the Contractor shall return the funds paid by the Customer in full.
5.10. In the event that the Contractor has fully complied with the agreements provided for in the order, in which the Customer has indicated his wishes regarding individual work and/or sewing (manufacturing) of the Item, and after the Contractor has completed the provision of the Services and the execution of the Work, the Contractor wishes the Contractor to provide the Services and/or performed the Works again, the Customer is obliged to pay the Contractor an additional fee of 30% (thirty percent) of the initial cost of the Services (Works) in addition to the initial cost of individual works and/or tailoring (manufacturing) of Things. 5.11. If, during the provision of Services and performance of Works by the Contractor, the Customer decides to make changes to the process of providing such Services or performance of the Works and such changes require the performance of additional processes or the involvement of other specialists, the Customer undertakes to pay for additional Services and Works separately from the initial cost of individual works and /or tailoring (making) Things.
5.12. In the event that the Customer has paid the Contractor the cost of fittings or other consumables used during the provision of Services and the performance of Works, but such materials have not yet been used by the Contractor in the work and the Customer has expressed a desire to refuse their use, the Contractor shall return to the Customer the cost of fittings and other consumables consumables in full in cash. At the same time, the cost of materials sold by the meter, in particular, but not exclusively, fabrics, duplicating materials, ribbons, laces, zippers, lace, is not returned to the Customer, and the materials indicated in this sentence are not subject to exchange or return and are not compensated in any other way.
5.13. If the Customer has paid the Contractor the cost of fabric, accessories and other consumables used during the provision of the Services and the performance of the Works, and wishes to refuse their use, when such materials have already been used by the Contractor during the provision of the Services and the performance of the Works, the cost of the materials shall not be returned to the Customer is not compensated in any way.6. PROCEDURE AND TERMS OF PROVISION OF SERVICES
6.1. The Contractor shall begin providing the Services and performing the Works only after payment by the Customer of the Contractor's Services and Works as defined in Section 5 of this Agreement and acceptance (acceptance) of its terms without written signature by the Parties. The valid Agreement has legal force in accordance with Art. 633 of the Civil Code of Ukraine and is equivalent to the contract signed by the Parties. Accordingly, the Customer, who placed an order for the performance of individual works or the production (creation, tailoring) of clothing, hand embroidery, accessories, signed the order form and/or paid for the Contractor's Services and Works, is considered to be familiar with this Agreement and to agree to all of its conditions
6.2. The provision of Services (performance of Works) by the Contractor is the performance of individual works and/or production (creation, tailoring) of Things and subsequent transfer of such Things to the Customer.
6.3. After the provision of Services (performance of Works) by the Contractor, the Customer receives an SMS notification about the provision of such Services and the readiness of the order.
6.4. For Customers who used the Services (Works) of the Contractor before the publication of this Agreement, further use of the Services and the results of the Contractor's Works is confirmation of full and unconditional acceptance of the terms of this Agreement.
6.5. All claims regarding the quality of the Contractor's Services or Works are accepted exclusively at the moment of acceptance of the transfer of the Contractor's manufactured (created) Things to the Customer.
6.6. All questions that arose in the process of payment and receipt of Services and acceptance of Works, the Customer can find out from the Contractor using the contact information specified in Section 12 of this Agreement and/or on the Contractor's Website in the corresponding section.
6.7. The Contractor, at the written request of the Customer, is obliged to send the Customer a signed Act of acceptance and transfer of the services provided and performed works (hereinafter referred to as the "Act") in two copies (an electronic copy of the Act is allowed, which can be sent by e-mail or fax) . In this case, the Customer is obliged to sign the Act within 3 (three) working days from the date of receipt and to send a second copy of the Act to the Executor by mail, and in case of disagreement with the signing of the Act, his written objections.
6.7.1. In the event that within 1 (one) month from the moment the Act was sent to the Customer, the second copy of the Act signed by the Customer or written objections to the signing of the Act did not arrive at the Contractor's postal address, the Contractor signs the Act of acceptance and transfer of the Services provided and the Works performed unilaterally.
7. TERM OF EFFECTIVENESS, PROCEDURE FOR AMENDMENTS AND AMENDMENTS TO THE AGREEMENT
7.1. This Agreement enters into force from the moment the Customer submits an application or order for the performance of individual work and/or tailoring of Things directly in the Atelier and/or with the help of mobile communications and the Internet and/or payment by the Customer of the Services and Work of the Contractor, it is considered concluded for an indefinite period term and is valid until the moment of its withdrawal by the Contractor and/or until the Parties fully fulfill their obligations under this Agreement.
7.2. The Contractor reserves the right to amend the terms of the Agreement and/or withdraw it at any time at his discretion. If the Contractor makes changes to the Agreement, such changes shall enter into force from the moment of publication of the new version of the Agreement on the Website of the Contractor, unless a different period of entry into force of the changes is additionally determined upon their publication. The contract is considered revoked from the moment its publication is removed from the Contractor's website.
7.3. From the moment of entry into force of the Agreement with the changes and additions made, the Agreement begins to operate for the Parties in the new edition.
7.4. The Contractor has the right to unilaterally refuse to perform this Agreement by notifying the Customer in writing at least 1 (one) day before the expected date of refusal to perform the Agreement.
7.5. Termination of this Agreement does not release the Customer from responsibility for violations of the terms of this Agreement that occurred during its validity period.
7.6. To refuse to receive the Services and accept the Works, it is sufficient for the Customer not to make payment for such Services and Works.
7.7. The contract is considered automatically terminated (terminated) in cases where: the Customer has fully used the Services and results of the Contractor's Work, for which payment was made; The Customer did not use the Services and the results of the Contractor's Work on his own initiative.8. RESPONSIBILITY OF THE PARTIES AND RESOLUTION OF DISPUTES
8.1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties bear the responsibility provided for by this Agreement and the norms of the current legislation of Ukraine.
8.2. In the event that non-fulfillment or improper fulfillment of the terms of this Agreement by one of its Parties has resulted in the assignment of damages to the other Party, the guilty Party is obliged to compensate such damages in full.
8.3. The Contractor is not responsible for the content and truthfulness of the information provided by the Customer when ordering Services and Works and signing the order. The Customer is solely responsible for the accuracy of the information provided when placing such an order and signing the order.
8.4. All disputes and disagreements that may arise during the execution of this Agreement shall be settled through negotiations between the Parties.
8.5. If any dispute cannot be resolved through negotiations, such a dispute shall be considered in a court of law, according to the established jurisdiction and jurisdiction of such a dispute, in accordance with the current legislation of Ukraine.
8.6. The Contractor shall not be liable for non-provision or improper provision of Services and performance of Works under the condition of the occurrence of any circumstances that arose out of no fault of the Contractor, namely, the occurrence of circumstances that arose from the fault or carelessness of the Customer and/or the occurrence of circumstances that arose from fault or carelessness of any third party (any third parties) on the part of the Customer, and/or the occurrence of force majeure circumstances.
9. FORCE MAJEURE CIRCUMSTANCES
9.1. The parties are released from responsibility for non-fulfillment or improper fulfillment of their obligations in the event that such non-fulfillment or improper fulfillment occurred as a result of force majeure (force majeure). Circumstances of force majeure are understood as those that arose beyond the will or contrary to the will or desire of the Parties and that cannot be foreseen or avoided, including: military actions, civil unrest, epidemics, blockades, fires, earthquakes, other natural phenomena, natural disasters, failures in electricity supply and in the work of communications used for the provision of services, adoption of acts of state bodies and other circumstances independent of the Parties, which make it impossible for the Party to fulfill its obligations under this Agreement in a timely, complete and proper manner.
9.2. In case of occurrence of force majeure circumstances, the Party under its influence shall notify the other Party within 5 (five) days from the moment of occurrence of such circumstance or from the moment such Party has the opportunity to notify the other Party of the occurrence of the circumstance. After the termination of force majeure circumstances, the Party that was under their influence shall notify the other Party of such termination within 5 (five) days from the moment of termination of the force majeure circumstances, or from the moment such Party has the opportunity to notify the other Party of the termination force majeure circumstances.
9.3. If the force majeure circumstances last for more than 60 (sixty) calendar days in a row, then each of the Parties has the right to refuse further fulfillment of obligations under this Agreement and, in this case, none of the Parties will have the right to be compensated by the other Party for possible losses.
10. PERSONAL DATA AND PROCEDURE FOR THEIR PROCESSING
10.1. By his own acceptance of this Agreement, the Customer voluntarily gives his consent to the collection and processing of his own personal data, i.e. to the following actions in relation to the Customer's personal data: collection, systematization, entry into the Contractor's databases, including electronic ones, accumulation, storage, clarification, as well as for the further use and distribution of personal data by the Contractor in accordance with the provisions of the Law of Ukraine "On the Protection of Personal Data".
10.2. The collection of personal data is a component of the process of their processing, which involves the selection, arrangement of information about the Customer and their entry into the personal data base.
10.3. Dissemination of personal data involves the transfer of information about the Contractor from personal data databases with the consent of the subject of personal data.
10.4. Dissemination of personal data without the consent of the subject of personal data (Executor) or a person authorized by him is allowed in cases provided by law, and only in the interests of national security, economic well-being and human rights.
10.5. Personal data in personal data bases are destroyed in accordance with the procedure established in accordance with the requirements of the Law of Ukraine "On the Protection of Personal Data".11. OTHER TERMS OF THE AGREEMENT
11.1. The Parties confirm that this Agreement has been concluded with a full understanding of its terms and terminology used in it and corresponds to the valid intentions of the Parties in terms of the legal obligations incumbent on them.
11.2. The Agreement, the rules for obtaining Services and acceptance of Works by the Customer, information about which is posted on the website of the Contractor, located on the Internet at https://iolanna-ars.com, constitute a single contract between the Contractor and the Customer.
11.3. Each Party guarantees to the other that it has the necessary legal capacity, that is, all the powers necessary and sufficient for the conclusion and execution of this Agreement.
11.4. All information related to the execution of this Agreement is confidential.
11.5. The Parties undertake to keep confidential information obtained as a result of the implementation of this Agreement, except when this is authorized in writing by the other Party or required by state authorities in accordance with current legislation. The guilty Party is responsible for the disclosure of confidential information in accordance with the current legislation of Ukraine.
11.6. The Contractor has the right to independently change and/or supplement the terms of this public Agreement and its annexes, including the rules for providing and receiving Services and accepting Works under this Agreement. At the same time, the Contractor guarantees and confirms that the current edition of the text of this Agreement and its annexes, including the rules for providing and receiving Services and accepting Works under this Agreement, posted on the Contractor's website are valid.
11.7. The Customer gives his consent to the placement by the Contractor in the mass media and/or the Internet of photo and video materials with the image of the Item created (tailored) for presentation purposes to confirm the Contractor's own professional experience.
11.8. On matters not stipulated by the terms of this Agreement, the Parties are governed by the provisions of the current legislation of Ukraine.
12. DETAILS OF THE PERFORMER
PERFORMER
FOP Pustovoit Yana Viktorivna
Legal address: 27502, Svitlovodsk, str. Budivelniki, bldg. 16, sq. 26
e-mail: moc.liamg%40ngisedannaloi
phone: +38 095 524 90 87