Public Offer Agreement

In accordance with the present Agreement, one party, hereinafter referred to as the Seller, on the one hand, and any person accepting the terms of this Agreement as a public offer, hereinafter referred to as the Buyer, on the other hand, collectively referred to as the Parties, have entered into the present Public Offer Agreement (hereinafter – the Agreement), addressed to an unlimited number of persons, being the official public offer of the Seller to conclude a contract of sale of Goods with Buyers. The Goods, the photos of which are posted in the relevant section of the Website https://hipsters.ua.

Sellers intending to carry out the sale of Goods through the website https://hipsters.ua and Buyers when purchasing Goods, the images of which are presented on the respective pages of https://hipsters.ua, accept the terms of this Agreement as follows.

1. GENERAL PROVISIONS

1.1. Contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Clicking the “ORDER” button on the webpage of the website https://hipsters.ua in the respective section signifies that the Buyer, regardless of their status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, has accepted the terms of the Public Offer Agreement specified below.

1.2. The Public Offer Agreement is public, meaning that, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of their status (individual, legal entity, individual entrepreneur). By fully agreeing to this Agreement, the Buyer accepts the conditions and procedure for placing an order, payment, and delivery of the goods by the Seller, as well as responsibility for dishonest orders and non-compliance with the terms of this Agreement.

1.3. This Agreement comes into effect from the moment the “ORDER” button is clicked, whereby the Buyer agrees to make a purchase of the available Goods from the Seller and remains in force until the Buyer receives the Goods from the Seller and settles the payment in full.

1.4. To regulate contractual relationships under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, the consent to the binding force of which is granted by the Verkhovna Rada of Ukraine, establishes rules different from those set by Ukrainian legislation, the rules of the international treaty are applied.

2. TERMS AND DEFINITIONS

Public Offer Agreement” – a public contract, the template of which is posted on the website https://hipsters.ua, and the application of which is mandatory for all Sellers, containing the Seller’s offer to purchase the Goods, the image of which is posted on the website https://hipsters.ua, directed to an indefinite circle of persons, including Buyers.

Acceptance” – the Buyer’s acceptance of the Seller’s offer to purchase the Goods, the image of which is posted on the website https://hipsters.ua, by adding it to the virtual shopping cart and submitting the Order.

Goods” – a subject of trade (product, model, accessory, components and related items, any other objects of trade) offered for purchase on the website https://hipsters.ua as per the Seller’s offer.

Buyer” – any capable individual, legal entity, or individual entrepreneur, according to the current international and Ukrainian legislation, who has visited the website https://hipsters.ua and intends to purchase a particular item.

Seller” – any capable individual, legal entity, or individual entrepreneur, according to the current international and Ukrainian legislation, who owns or distributes the Goods and intends to sell it through the website https://hipsters.ua.

Order” – a properly formed and placed request by the Buyer on the website https://hipsters.ua to purchase Goods, addressed to the Seller.

Legislation” – established norms by Ukrainian or international legislation to regulate contractual relationships under the Agreement.

Material Defect of the Goods” – a defect that makes it impossible or unacceptable to use the Goods for its intended purpose, arises due to the fault of the manufacturer (Seller), and after its elimination, reoccurs due to reasons independent of the consumer.

3.SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes, on the terms and in the manner specified in this Agreement, to sell the Goods based on the Order placed by the Buyer on the respective page of the website https://hipsters.ua, and the Buyer undertakes, on the terms and in the manner specified in this Agreement, to purchase the Goods and pay for it.

3.2. The Seller guarantees that the Goods are not pledged, not subject to dispute, not under arrest, and there are no third-party rights to it.

3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction or a transaction made under duress or deception.

3.4. The Seller confirms that they have all necessary permissions for conducting business activities that regulate the legal relationships arising and operating during the execution of this Agreement. Furthermore, the Seller guarantees that they have the right to manufacture and/or sell the product without any restrictions, in accordance with the requirements of the current legislation of Ukraine. The Seller also undertakes to be responsible in case of violation of the Buyer’s rights during the execution of this Agreement and the sale of the Goods.

4. RIGHTS AND OBLIGATIONS OF THE SELLER

4.1. The Seller is obligated to:

  • fulfill the conditions of this Agreement;
  • process Buyer’s orders upon receipt of payment from the Buyer;
  • deliver the Goods to the Buyer according to the selected sample on the respective page of the website https://hipsters.ua, as per the placed order and the terms of this Agreement;
  • check the qualitative and quantitative characteristics of the Goods during its packaging at the warehouse;
  • notify the Buyer of any possible additional commission for the payment of European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro, by providing information in this Agreement.

4.2. The Seller has the right to:

  • unilaterally suspend the provision of services under this Agreement in case of the Buyer’s violation of the terms of this Agreement.

4.3. The Seller:

  • Is a business entity among those offering Goods for purchase on the website https://hipsters.ua under the uniform agreed rules outlined in this public offer agreement.

2.RIGHTS AND OBLIGATIONS OF THE BUYER

5.1. The Buyer is obligated to:

  • Timely pay for and receive the order under the terms of this Agreement;
  • Review the information about the Goods posted on the website https://hipsters.ua;
  • Upon receiving the Goods from the person who delivered it, ensure the integrity and completeness of the Goods by inspecting the contents of the packaging. In case of damage or incomplete set of the Goods, record them in an act, which must be signed by the person who delivered it to the Buyer.

5.2. The Buyer has the right to:

  • Place an order on the respective page of the website https://hipsters.ua;
  • Demand the Seller to fulfill the conditions of this Agreement;
  • Be informed about the possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.

6. ORDERING PROCEDURE

6.1. The Buyer independently places an order on the respective page of the website https://hipsters.ua by adding the Goods to the virtual shopping cart by clicking the “Add to Cart!” button, or by placing an order via email, or by phone using the contact number provided in the contact section of the website https://hipsters.ua.

6.2. The order processing time is up to 2 business days from the moment it is placed. In the case where the order is placed on a weekend or holiday, the processing time starts from the first working day after the weekend.

7. CONTRACT PRICE AND PAYMENT PROCEDURE

7.1. The price of each individual product is determined by the Seller and is specified on the respective page of the website https://hipsters.ua. The contract price is determined by adding the prices of all selected products placed in the virtual shopping cart and the delivery price, which is determined based on the chosen delivery method in accordance with the terms of section 8 of this Agreement.

7.2. The Order cost may vary depending on the price, quantity, or assortment of the goods.

7.3. The Buyer can pay for the order using the following methods:

  1. By bank transfer to the Seller’s current account, as specified in the invoice, including using Internet banking (the Buyer pays the order within three days from the date of receiving the invoice in the amount of 100% prepayment).
  2. Cash on delivery when receiving the Order at the delivery service’s representative office in Ukraine or in another country according to the place of order fulfillment.
  3. With a credit card of the following types:
    • Visa
    • Visa Electron
    • Mastercard
    • Mastercard Electronic
    • Maestro
  4. Any other method as agreed with the Seller.

Note: When paying for the order with a credit card, the card issuer may charge an additional fee. In particular, when paying for European orders with cards such as Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro, the card issuer may charge an additional fee. By clicking the “ORDER” button on the website https://hipsters.ua in the corresponding section, the Buyer acknowledges that the Seller has informed them about the possibility of an additional fee when paying for European orders with cards issued by Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.

8. DELIVERY TERMS OF THE GOODS

8.1. The Buyer receives the Goods through delivery or picks it up in person. The payment and receipt procedure is specified on the respective page of the website https://hipsters.ua.

8.2. When delivering Goods to other cities in Ukraine or to another country by other delivery services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees to the Rules for the transportation of goods by these Carrier Companies.

8.3. By signing the cargo-transport waybill, the declaration of the Carrier Company, or the delivery note upon receiving the Goods, the Buyer confirms the receipt of the Goods and the absence of quality claims against the Goods delivered by the Carrier Companies. In turn, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid for by the Buyer, in accordance with the specifications of the Goods and in proper (working) condition and quality.

8.4. In case the Buyer is not present at the delivery address provided by the Buyer in the application or refuses to receive the Goods for unjustified reasons during the delivery by the Carrier Company, the Goods are returned to the shipping center. The payment for the services of the Carrier Company is deducted from the amount paid by the Buyer for the Goods. The remaining amount is refunded to the Buyer based on their letter sent to the email address: hipsterroasters@gmail.com, specifying the bank account to which the funds should be returned.

Any issues arising during the payment and receipt of the Goods can be clarified by the Buyer using the contact details in the Contacts section.

9. RETURN POLICY

9.1. In accordance with Article 9 of the Law of Ukraine “On Consumer Rights Protection,” the Buyer has the right to exchange a quality product within fourteen days, excluding the day of purchase, unless a longer period is declared by the Seller. The Buyer has the right to exchange the product, taking into account the provisions of the legislation on the grounds and list of goods that are not subject to exchange (return).

9.2. If the Buyer intends to return the product, such a return is made in accordance with the “Return” section of the Website, taking into account the rules and conditions of the carrier or courier operating in Ukraine or in another country, depending on the place of receiving the product.

9.3. In case of the presence of at least one of the listed defects, the Buyer must record it in an arbitrarily drawn-up act. The act must be signed by the Buyer and the person who delivered the product or the Seller. If possible, the defects should be recorded using photo or video recording. Within 1 (one) day, the Buyer must inform the manager (Seller’s representative responsible for processing the product order) about the identified defects and agree on the replacement of the product, filling out the return form on the website https://hipsters.ua.

9.4. The parties agreed that in case of non-compliance with the mandatory requirements of this procedure, the receipt of the product by the Buyer is considered to be in proper condition – without any mechanical damage and in complete set.

10. LIABILITY OF PARTIES AND DISPUTE RESOLUTION

10.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in accordance with the provisions of this Agreement and the applicable international and Ukrainian legislation.

10.2. In case of disputes arising from the performance of this Agreement by the Parties, excluding disputes about the collection of debts from the Buyer, the Parties undertake to resolve them through negotiations while observing the pre-trial procedure. The deadline for considering the claim is 7 (seven) calendar days from the date of its receipt. In disputes related to the collection of debts from the Buyer, adherence to the pre-trial procedure is not required.

10.3. All disputes, disagreements, or claims arising from this Agreement or in connection with it, including those related to its performance, breach, termination, or invalidity, shall be resolved in the appropriate court according to international and Ukrainian substantive and procedural law.”

11. FORCE MAJEURE CIRCUMSTANCES

11.1. The Parties shall not be liable for non-performance of any of their obligations, except payment obligations, if they can prove that such non-performance was caused by force majeure circumstances, i.e., events or circumstances that are genuinely beyond the control of such party, occurring after the conclusion of this Agreement, of an unpredictable and insurmountable nature.

Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, ice, wars (declared or undeclared), riots, loss of goods, carrier delays due to accidents or adverse weather conditions, perils and accidents at sea, embargoes, catastrophes, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas, and price controls), if these circumstances directly affected the performance of this Agreement.

11.2. The Party for which the performance of obligations under this Agreement has become impossible due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances and, within 30 (thirty) calendar days, provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a certificate, a statement, or another appropriate document issued by an authorized government authority located at the place of the occurrence of force majeure circumstances.

11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which the performance was postponed due to the listed circumstances.

11.4. If due to force majeure circumstances, the non-performance of obligations under this Agreement continues for more than three months, each of the Parties has the right to unilaterally terminate this Agreement, notifying the other party in writing.

Notwithstanding the occurrence of force majeure, before the termination of this Agreement due to force majeure circumstances, the Parties settle final accounts.

12. ADDITIONAL TERMS OF THE AGREEMENT

  1. ADDITIONAL CONTRACTUAL TERMS

12.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the purpose of fulfilling their order (sending messages to the seller about the order of the Goods, sending promotional messages, etc.).

12.2. By accepting the Agreement or registering on the website https://hipsters.ua (filling out the registration form), the Buyer voluntarily consents to the collection and processing of their personal data for the following purposes: the data that becomes known will be used for commercial purposes, including processing orders for the purchase of goods, receiving order information, sending telecommunications messages (by email, mobile communication) of promotional and special offers, information about promotions, giveaways, or any other information about the activities of the website https://hipsters.ua.

For the purposes provided for in this clause, the Buyer has the right to send letters, messages, and materials to the mailing address, email of the Buyer, as well as send sms messages, make calls to the phone number specified in the questionnaire.

12.3. The Buyer gives the right to process their personal data, including: placing personal data in databases (without additional notification), carrying out lifelong storage of data, their accumulation, updating, modification (as necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute and not to transfer data to any third party (except for the transfer of data to related persons, commercial partners, persons authorized by the Seller to process data for the specified purposes, as well as on a mandatory request of a competent state authority).

12.4. If the Buyer does not want to receive newsletters, they have the right to contact the Seller by writing a statement refusing to receive promotional materials and sending it to the postal or email address.

12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information provided when placing an order.