Public offer agreement

 Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter collectively referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement) addressed to an unlimited number of persons, which is an official public offer of the Seller to conclude with the Buyers a contract for the sale of digital goods posted on the Website nova-hata.com.

1. GENERAL PROVISIONS

 1.1. The contractual relationship between the Seller and the Buyer is formalized in the form of a Public Offer Agreement. Clicking on the page of the Website nova-hata.com in the corresponding section of the button "ORDER" means that the Buyer, regardless of the status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, took to fulfill the condition Public offer agreements, which are listed below.

 1.2. The public offer agreement is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers, regardless of status (individual, legal entity, individual entrepreneur). With full agreement with this Agreement, the Buyer accepts the conditions and procedure for placing an order, payment and delivery of goods by the Seller, liability for an unfair Order and for failure to comply with the terms of this Agreement.

 1.3. This Agreement comes into force from the moment you click on the "ORDER" button, by which the Buyer agrees to purchase the digital goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and full settlement with him.

2. TERMS AND DEFINITIONS

 "Public Offer Agreement" - a public agreement, a sample of which is posted on the Website nova-hata.com and the application of which is mandatory for all Sellers, containing the Seller's offer to purchase a digital product, the image of which is posted on the Website nova-hata.com directed to an indefinite circle of persons, including the Buyers.

 "Acceptance" - acceptance by the Buyer of the seller's offer to purchase a digital product, the image of which is posted on the nova-hata.com Website, by adding it to the virtual cart and sending the Order.

  "Product" - a trade item (digital product, machine embroidery design).

 "Buyer" - any capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who have visited the website nova-hata.com and intend to purchase a digital product.

 "Order" - the Buyer's application for the purchase of Products duly executed and posted on the Website nova-hata.com, addressed to the seller.

 "Legislation" - the norms established by Ukrainian or international legislation for the regulation of contractual legal relations under the Agreement.

 "Substantial deficiency of the Goods" - a deficiency that makes it impossible or unacceptable to use the Goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller).

3. SUBJECT OF THE CONTRACT

 3.1. The Seller undertakes, on the terms and in the manner determined by this Agreement, to sell the Goods on the basis of the Order placed by the Buyer on the corresponding page of the Website nova-hata.com, and the Buyer undertakes, on the terms and in the manner determined by this Agreement, to buy the Goods and pay for it money.

 3.2. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham deal or a deal made under the influence of pressure or deception.

4. RIGHTS AND OBLIGATIONS OF THE SELLER

 4.1. The seller is obliged:
fulfill the terms of this Agreement; fulfill the Buyer's orders in case of receipt of payment from the Buyer; transfer the Goods to the Buyer according to the selected sample on the corresponding page of the nova-hata.com Website, the order made and the terms of this Agreement.

4.2. The seller has the right:
unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement.

5. RIGHTS AND OBLIGATIONS OF THE BUYER

 5.1. The buyer is obliged:
timely pay and receive the order under the terms of this Agreement.

5.2. The buyer has the right:
place an order on the corresponding page of the nova-hata.com Website; require the seller to comply with the terms of this Agreement.

6. ORDER PROCEDURE

 6.1. The Buyer independently places an order on the corresponding page of the nova-hata.com Website by adding the Products to the virtual cart by clicking the Add to Cart button.

 6.2. After confirmation and successful payment, the digital product will be available for download in the buyer's personal account on the nova-hata.com Website.

7. CONTRACT PRICE AND 

 7.1. The price of each individual Product is determined by the Seller and is indicated on the corresponding page of the Website nova-hata.com. The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket.

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

 7.3. The buyer can pay for the order using the integrated payment system FONDY. Payment methods "VISA / MasterCard", "Google Pay" are available.

8. TERMS OF DELIVERY OF GOODS

 8.1 After confirmation and successful payment, the digital product will be available for download in the buyer's personal account on the nova-hata.com Website.

 All questions arising in the process of payment and receipt of the Goods, the Buyer can find out using the contact information in the Contacts section.

9. TERMS OF RETURN OF GOODS

 9.1. Due to the digital nature of the product, no refunds are provided. If the archive with a digital product is damaged, the Seller is obliged to transfer the corrected copy to the buyer.

10. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION

10.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and current international and Ukrainian legislation.

10.2. In the event of any disputes related to the implementation of this Agreement by the Parties, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt.

11. OTHER CONDITIONS OF THE CONTRACT

 11.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the seller about ordering the Goods, sending advertising messages, etc.).

 11.2. By his own acceptance of the Agreement or registration on the Website nova-hata.com (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data with the subsequent purpose: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, sending by telecommunication means of communication (e-mail, mobile communications) advertising and special offers, information about promotions, sweepstakes or any other information about the activities of the Website nova-hata.com.

 11.3. The buyer gives the right to process his personal data, including: to place personal data in databases (without additional notification of this), to store data for life, accumulate, update, change (as necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for these purposes, as well as to a mandatory request from a competent state organ).

 11.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials by sending it to the postal or e-mail address.

 11.5. 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 specified when placing an order.

 This document was last updated on 28-01-2022