Public Offer Agreement
The below text of the Public Offer Agreement is addressed to individuals and legal entities and is an official public offer (in accordance with article 641 of the Civil Code of Ukraine) of LLC “KEEPSAKE” which operates on the basis of the Extract from the Unified State Register of Legal Entities, of natural persons-entrepreneurs and public formations LLC “KEEPSAKE” (RNOKPP 45192004), hereinafter referred to as the Seller, on the terms and conditions specified herein.
Website – the Internet site located at the following address: https://guzema.com.
Seller – LLC “KEEPSAKE” (RNOKPP 451920026552).
Public offer – Seller’s public offer addressed to the unlimited range of persons, related to making the Public Offer Agreement (hereinafter referred to as the Agreement) on the terms and conditions determined by the Seller.
Acceptance – giving by User/Buyer of full and unconditional agreement to the Seller for making the Agreement on the terms and conditions specified herein.
Product – items of jewelry whose pictures (photos) and/or description are placed on the Website.
Order – User’s request for the purchase of Products selected by the User duly made up and placed using the Website and/or using electronic mail.
User/Buyer – person who familiarizes himself/herself with the information placed on the Website and/or orders and/or receives and/or reserves Products using Website tools.
Consignee – Buyer or a person who, on behalf of the Buyer, actually receives the Product delivered by the carrier company.
Submitting personal data (registration) – filling out by the User of a proper form on the Website specifying the data necessary for identification of the User/Buyer and/or making up of the Order, including email.
Account – the page of the Website containing the history of User/Buyer’s orders made using the Website, and personal data submitted by the User/Buyer. The scope of information required for personal identification and making up Orders is determined by the Seller.
Customized products – products carrying unique carving based on the sketch or design provided by the Buyer.
The term «accounting document» is used as defined in article 2 of the Law of Ukraine «On using cash registers in trade, public catering and services» dated 06 July 1995 No. 265/95-VR.
1.1. Information placed on the Website contains the terms and conditions of offer to buy Products and is the Seller’s Public offer addressed to the unlimited range of persons – Website Users.
1.2. Acceptance is submitting personal data by filling out the form on the Website, which is an express intention of the User/Buyer to buy the Products selected on the Website. Acceptance is also placing an order by sending a letter to the email address [email protected].
1.4. The Seller may unilaterally amend the Agreement by publishing amendments on the Website. Amendments become effective from the time of publication, unless a different time of becoming effective of the amendments is specified along with their publication. The User/buyer agrees and recognizes, that amending the Agreement automatically causes incorporation of the same amendments into the current Agreement made by and between the User/Buyer and the Seller.
2. Product information, Product price
2.1. Product information is provided by placing Product pictures (including photos) and text information including SKU, available sizes, product features (characteristics), price per unit etc on the Website.
2.2. Prices of Products presented on the Website are indicated without VAT. The Seller is not a VAT payer.
2.3. Data presented on the Website https://guzema.com is indicative data only. User/Buyer agrees, that the weight and final cost of product can slightly differ from the weight and cost specified on the Website.
2.4. If the User wishes to order customized products carrying unique carving based on the sketch or design provided by the User, the time of manufacture, price and other material terms will be agreed by the parties individually. The Seller reserves the right to refuse from manufacturing a customized product.
3. Ordering procedure
3.1. User/Buyer can individually make up an Order for any product available for Order on the Website.
3.2. Within 1 (one) business day from receiving an Order, the Seller’s representative sends the Buyer an email with confirmation of receipt of the Order.
3.3. The Seller’s representative can additionally liaise with the User/Buyer by phone or using other means of communication specified in the Order, if:
- delivery information need to be detailed;
- ordered product is unavailable;
- ordered product has defects.
After refining the Order, the Seller’s representative can confirm/cancel the Order.
3.4. If the ordered product is unavailable, the User/Buyer may replace the Product with a similar product or cancel the Order.
3.5. Order can be cancelled before the time of order confirmation or refinement by the Seller’s representative by sending a letter to [email protected].
Note that underage persons should, before ordering a Product, get a permit from their parents or legal guardians. Should they fail to get such a permit, underage persons must stop using the Website.
4. Payment procedure
4.1. The price of the Product is indicated in hryvnias. According to the User's choice, the price on the website can be displayed in the equivalent of the US dollar at the NBU interbank rate effective on the date of viewing the Website.
4.2. Payment for goods is made exclusively in hryvnias. In the case of payment by bank cards of foreign banks, the Seller is not responsible for the conversion procedure. The conditions of conversion, exchange rate and commission withdrawal are established by the issuing bank.
4.3. The order can be paid by:
- cash payment (in the case of self-delivery of the goods or upon delivery of the goods);
- non-cash payment using the WayForPay* system (in case of prepayment).
*The seller is not responsible for the procedure for collecting and processing personal data by the WayForPay system.
5. Product delivery
5.1. Products ordered on the Website are delivered by delivery companies only within Ukraine in accordance with the terms and conditions specified on the Website in section «Delivery». The Seller pays for delivery.
5.2. Ordered products are delivered to the Buyer together with the documents as provided by the current law.
5.3. When receiving Products, the Buyer shall check them for quantity, completeness and quality.
5.4. Signing the delivery note constitutes acceptance of Products by the Buyer.
5.5. Orders are delivered by delivery companies listed in section «Delivery». By his/her acceptance of this Public offer the Buyer fully and unconditionally agrees with Terms and conditions of Carrier companies. User/buyer should individually read such Rules on websites of the respective Carrier companies.
5.6. The risk of accidental loss and/or damaging of a Product is transferred to Buyer from the time of handing the order over to Buyer and signing by Buyer of documents proving delivery of the Order.
5.7. At the discretion of Buyer, he/she can receive a product by self-delivery at the following address: Kyiv, 26a Yevhena Konovaltsia st. *
* Working hours:
Monday – Friday 11:00 - 19:00;
Saturday – Sunday 11:00 - 19:00.
6. Product warranty and return
6.1. Jewelry of proper quality may not be exchanged or returned as provided in article 9 of the Law of Ukraine «On protection of consumer rights» dated 12 May 1991 No. 1023-XII and the Resolution of the Cabinet of Ministers of Ukraine dated 19 March 1994 No. 172 «On implementation of some provisions of the Law of Ukraine «On protection of consumer rights» (Annex No. 3 «List of products of proper quality that may not be exchanged or returned»).
6.2. Warranty for jewelry products presented on the Website is 3 years from sale. Should they have workmanship defects, the Seller shall perform warranty product repair or exchange in accordance with the current law. In order to obtain warranty service, Buyer should submit the accounting document carrying the date of sale and the personal ID.
6.3. The Seller provides free customer service for an indefinite period, including cleaning and polishing of jewelry items.
6.4. Products that have traces of physical damage or improper use (traces of exposure to detergents containing alkalis, chlorine or iodine, creams and ointments containing mercury or mercury compounds, or exposure to other external factors including improvised repair) will not be repaired/exchanged within the warranty period.
7. Jewelry usage instructions
7.1. Jewelry should be stored separately in order to avoid scratches and chips.
7.2. Proper usage excludes:
- contact with acids, solvents and alkalis (including detergents/laundry soaps/cleaners);
- exposure to substances containing chlorine, iodine, mercury, sulfur or their compounds;
- exposure to open fire;
- exposure to high/low or fast-changing temperatures or roentgen radiation.
7.3. User/Buyer should not clean jewelry using ultrasound or abrasives at home.
8. Seller’s rights and obligations
8.1. Seller’s rights are as follows:
8.1.1. To unilaterally suspend sales of Products (including not accepting Product Orders and delivery requests) if User/Buyer violates the terms and condition of the Public offer;
8.1.2. To unilaterally, at Seller’s own discretion, change Product prices. In any case, Product price that was confirmed by the Seller for an Order shall remain unchanged;
8.1.3. To place on the Website information about promotion campaigns and/or marketing activities that are being or will be conducted by the Seller and/or third party partners of the Seller.
6.1.5. To organize delivery of Orders, engaging third-party delivery companies.
8.2. Seller’s obligations are as follows:
8.2.1. To execute properly made up and confirmed Orders starting from the time of Order confirmation;
8.2.2. To secure handing over/shipment of Products to Carrier company in accordance with the Order;
8.2.3. To check Products for quantity and quality during preparation for handing Products over to delivery company;
8.2.5. To allow User/Buyer to refuse from receiving Seller’s promotional materials and/or other commercial offers forwarded by the Seller to the email address specified in the registration form on the Website.
9. User/Buyer’s rights and obligations
9.1. User/Buyer’s rights are as follows:
9.1.1. To select Products and make up Orders using the Website;
9.1.2. To send applications/requests to the Seller’s email address;
9.1.3. To require the Seller to comply with the terms and conditions and obligations provided for in this Public offer;
9.1.4. To refuse from receiving Seller’s promotional materials and/or other commercial offers forwarded by the Seller to the email address specified by User/Buyer.
9.2. User/Buyer’s obligations are as follows:
9.2.1. To read all the terms and conditions and provisions of this Public offer before Acceptance of the Public offer;
9.2.2. To read Product information – description and features (characteristics) placed on the Website, before making up an Order;
9.2.3. To submit correct and complete data necessary for making up and delivering of an Order. User/buyer shall be liable for submitting untrue/inaccurate data that made it impossible to properly execute an Order by the Seller.
9.2.4. To pay and receive Orders in accordance with the terms and conditions of the Public offer;
9.2.5. When receiving an Order – to check the Products for integrity and completeness. In case there are any damaged or incomplete Products – to report them in a Report signed by Buyer/Consignee and the delivery person.
9.2.6. To read the Rules of carriage of Carriage companies before making up and Order.
10. Parties’ liability. Dispute resolution procedure
10.1. The Seller does not guarantee uninterrupted and error-free operation of the Website and is not responsible for:
- delay, interruption, losses caused by a failure of any electronic hardware or mechanical equipment not owned by the Seller;
- problems with data transfer or connection caused not by third parties;
- the quality of common communication channels used for Website access;
- Website access blocking caused by third parties.
The Seller however undertakes to put all reasonable efforts for the avoidance of the aforementioned and will take all steps possible for elimination of problems.
10.2. Users/Buyers’ complaints or claims should be made in writing. The Seller will take all steps necessary in order to satisfy Users/Buyers’ complaints/claims provided they are justified and properly executed in accordance with the current Ukrainian law.
10.3. All disputes, controversies and demands arising from this Agreement or in connection with it, including those related to its performance, violation, termination or invalidity, shall be resolved at the respective court in accordance with the current Ukrainian law.
11.1. The Parties shall not be held liable for delayed or improper performance of their respective obligations, if such non-performance was caused by force-majeure circumstances that are beyond the Parties’ control, such as military operations, strikes, riots, accidents, acts of God, changes in the Ukrainian law, or other force-majeure circumstances that occurred after making hereof and that directly affect the performance hereof and could not have been foreseen or prevented by the Parties.
11.2. The Party disabled from performing its respective obligations by force-majeure circumstances shall promptly notify in writing the other Party about the occurrence of the aforementioned circumstances and, within 30 (thirty) calendar days, provide the other Party with a proof of force-majeure circumstances. Such a proof will be an appropriate document issued by a state body authorized by the Chamber of Commerce and Industry of Ukraine or another duly authorized state body located in the area of occurrence of force-majeure circumstances.
12. Personal data collection and processing clause
12.2. Information submitted by the User/Buyer is collected, processed, stored, used and can be transferred to third parties only for the purpose of and to the extent of Seller’s fulfillment of her respective obligations provided by this Public offer.
12.3. User/Buyer may withdraw his/her agreement to personal data processing by sending a respective request to the following email address: [email protected] or to the Seller’s address. In doing so, the User/Buyer understands and agrees, that withdrawing the Agreement prevents further usage of the Website and making up of Orders.
13.1. The current Ukrainian law applies to the relationships between the Seller and User/Buyer.
13.2. Product photos presented on the Website can differ from the actual appearance of Products.
13.3. The Seller reserves the right to extend or reduce product range presented on the Website.
13.4. The Agreement shall be deemed executed and becomes effective from the time of acceptance and shall be valid till the Parties have fulfilled their respective obligations provided hereby or till termination for reasons specified in the Agreement and/or norms of the current Ukrainian law.
13.5. Invalidity of any of the provisions of this Agreement shall not render this Agreement as a whole.
13.6. The Parties may not cede (transfer) their respective rights and obligations hereunder to third parties.
13.7. Should the Seller withdraw the Public offer within the validity term of the Agreement, the Agreement shall be deemed terminated from the time of withdrawal, except as otherwise determined by the Seller when withdrawing the Offer.
13.8. This Agreement may be terminated by Parties’ consent at any time or for other reasons provided in this Agreement or the norms of the current Ukrainian law.
14. Seller’s details
14.1. LLC “KEEPSAKE” (RNOKPP 451920026552).
14.2. Seller’s address: Kyiv, 26a Yevhena Konovaltsia st.
14.3. Phone: +380993866909, email address: [email protected]
14.4. Bank details: IBAN UA733808380000026005700801818 at PJSC CB «PRAVEX BANK ».