Offer Agreement

Public Offer Agreement

This agreement constitutes an offer by individual entrepreneur Viktoria Yaroslavivna Mazar to enter into a retail sale and purchase agreement via distance selling.
This public offer agreement is public, and in accordance with Articles 633, 641, and 644 of the Civil Code of Ukraine, its terms and conditions are the same for all legal entities and individuals.
This contract is addressed to an indefinite group of persons.
By placing an order for any goods or services on the website https://lessencestudio.com/ (https://lessencestudio.com.ua/), you confirm your agreement to the terms of this public offer. By accessing the website’s content, the user thereby accepts this Contract.
This Public Offer is effective from the moment it is posted on the website until a new version of the offer is adopted.

1. Terms and Definitions

In this offer, unless the context requires otherwise, the terms listed below shall have the following meanings and constitute an integral part thereof:
• 1.1 Seller – Individual Entrepreneur Viktoria Yaroslavivna Mazar, located at: Ukraine, 79053, Lviv Oblast, City of Lviv, H. Hrabianky St. User – any natural or legal person, a visitor to the website https://lessencestudio.com (https://lessencestudio.com/), who accepts all the terms of this offer and places an order for the Product. For the purposes of this Agreement, the Recipient and the Buyer are considered Users.
• 1.2 Buyer—any individual or legal entity, a visitor to the website, who places an order on the website for the purpose of purchasing the Product and thereby confirms their agreement to all terms and conditions of this offer.
• 1.3 Recipient—the person designated by the User as the person authorized to receive the Product in accordance with the Order. Unless otherwise specified in the Order form, the Recipient is the User.
• 1.4 Online Store – For the purposes of this agreement, the terms “Online Store” and “Store,” as well as the web address https://lessencestudio.com/ and all subdomains of https://lessencestudio.com/, are interchangeable and shall be interpreted authentically based on the context of the offer.
• 1.5 Product – the subject matter of the agreement between the parties; clothing, accessories, and other items presented in the Online Store.

2. General Provisions

• 2.1 The Seller sells Goods through the Online Store. The offer on the website, addressed to an unspecified group of persons, constitutes an invitation to enter into a contract. After reviewing the offer, the User has the right to accept the Seller’s offer by filling out the corresponding order form and making an advance payment for the Goods. The User’s payment for the Goods is considered acceptance of the offer to purchase the relevant Goods on the terms specified in the offer.
• 2.2 By placing an order for Goods in the Online Store, the User agrees to the terms of sale for the Goods posted on the website. If the User does not agree with the terms of sale, they must immediately cease using the service and leave the website: https://lessencestudio.com/. (https://lessencestudio.com/)
• 2.3 The current terms of sale for the Goods and the information about the Goods posted on the website constitute a public offer in accordance with Article 633 of the Civil Code of Ukraine.
• 2.4 The current terms and conditions may be amended by the Seller unilaterally without notice to Users and Buyers. The new version of the terms and conditions of this agreement shall take effect upon its publication on the website, unless otherwise provided by the agreement itself or applicable law.
• 2.5 The contract is deemed to be concluded upon the User’s acceptance of the offer.
• 2.6. The Seller’s notification, sent via electronic means (SMS, email, telephone, etc.) or other means of communication, regarding receipt of the User’s Order and/or the delivery date and/or the price of the Goods shall not be considered acceptance of the offer. This notification serves solely as confirmation that the Seller has received the order.
• 2.7. The moment of receipt and acceptance of the Goods by the User is the moment (whichever occurs first):
• – the Recipient’s signing of the Goods acceptance and transfer certificate (or another document of equivalent content confirming the transfer of the Goods to the Recipient), or
• – the Recipient’s signing of the carrier’s documents confirming receipt of the shipment containing the Goods, or
• – the Recipient’s actual receipt of the Goods and the Recipient’s actions indicating acceptance of the Goods (the Recipient received the Goods and left the pickup location).
• 2.8. Title to the Goods passes from the Seller to the Buyer at the time of transfer of the Goods. The Buyer’s signature on the delivery note (receipt, delivery log, etc.) issued by the Seller, the transportation company, or the courier service serves as confirmation of the transfer of title to the Goods. The risk of loss or accidental damage to the Goods passes from the Buyer to the Seller at the time of transfer to the transportation or courier company.
• 2.9. By providing the Seller with their phone number and email address, the Buyer consents to, and in no way objects to, the use of these means of communication by the Seller, as well as by third parties engaged by the Seller to fulfill its obligations to the Buyer. This information may be used to communicate details regarding the shipment of the order, as well as other information directly related to the fulfillment of obligations to the Buyer under this Public Offer. The Buyer’s contact information may be used to communicate promotional campaigns, news about promotions, discounts, and other activities of the Seller. By placing an Order, the User/Buyer agrees that the Seller may entrust the performance of the Contract to a third party, while remaining responsible for its performance.
• 2.10. The User is responsible for the accuracy of the information provided in the Order form. If inaccurate (incorrect) information provided in the Order results in additional costs to the Seller associated with delivering the Goods to the wrong address or handing over Goods that do not belong to the User, all related losses and expenses shall be borne by the User. The Seller has the right to deduct the amount of such losses or expenses from the amounts paid by the User as payment for the Goods (to offset counterclaims).

3. Subject Matter of the Agreement

• 3.1 The subject matter of this Agreement is the opportunity provided to the User to purchase, for personal needs not related to business activities, the Products featured in the online store’s catalog.

4. Products and Purchase Procedure

• 4.1 The Seller ensures that the Products presented in the online store are in stock. Product photographs are for illustrative purposes only, and the actual appearance of the Product may differ from them. The descriptions and specifications accompanying the Product are not exhaustive and may contain typographical errors. To clarify information regarding a specific Product, the Buyer may contact customer support at any time.
• 4.2 If the Seller does not have the Products ordered by the Buyer in stock, the Seller has the right to remove the specified Product from the Order or cancel the Order, notifying the Buyer of this via email or by contacting the Buyer by phone.
• 4.3 The Buyer bears full responsibility for providing inaccurate information that has made it impossible for the Seller to fulfill its obligations to the Buyer.
• 4.4 In the event of a complete or partial unavailability of a prepaid Order, the Buyer will be offered a replacement. If no replacement Product is available, the Seller will refund the cost of the canceled Product to the Buyer in a manner agreed upon separately between the Seller and the Buyer or by the method used by the Buyer to pay for the Goods.
• 4.5 The maximum time for processing and fulfilling an order is 5 business days. After placing an Order on the Website, the Buyer is provided with information about the estimated delivery date via an email sent to the address specified by the Buyer when placing the Order or by phone.
• 4.6. If the Product is out of stock at the Seller’s warehouse or if the ordered Product is custom-made for a specific Buyer, the delivery time shall be determined based on the time required by the Seller to manufacture the relevant Product. Under these circumstances, the delivery period for the Product shall not exceed 30 business days from the date the order is received. The Buyer will be notified of the unavailability of the relevant Product in the Seller’s inventory via an email sent to the Buyer’s email address.

5. Order Delivery

• 5.1 The delivery methods and costs for the Products, depending on the payment method, are specified in the relevant section of the Online Store.
• 5.2 The delivery cost for each Order is calculated independently by the carrier “Nova Poshta” based on the weight of the Product, the region, and the delivery method. The Buyer can calculate the delivery cost independently on the official “Nova Poshta” website at https://novaposhta.ua/. (https://novaposhta.ua/)
• 5.3 Orders are shipped within 3 (three) days from the date of order confirmation, provided the goods are in stock. Upon delivery, the Order is handed over to the Buyer or to a third party specified in the Order as the Buyer or Recipient. If the Buyer is unable to receive the Order, it may be handed over to a person who can provide accurate details about the Order. Upon delivery of the Order, the carrier “Nova Poshta” has the right to request presentation of a document verifying the recipient’s identity.
• 5.4 The package is delivered to the “Nova Poshta” carrier’s warehouse specified by the Buyer. To receive the package, the Buyer must present their passport and the declaration number. The declaration number is provided to the Buyer by any of the following methods: by phone; via the Viber mobile app; sent to the email address specified by the Buyer; or via an SMS message sent after the order is shipped. The addresses and phone numbers of “Nova Poshta” branches are listed on the official “Nova Poshta” website at https://novaposhta.ua/. The period for free storage of the shipment at the “Nova Poshta” warehouse is 5 days. A penalty will be charged for each day the shipment is stored at the “Nova Poshta” warehouse beyond this period.
• 5.5 Liability for accidental damage to or destruction of the Goods passes to the Buyer upon delivery of the Order to the Buyer.

6. Price and Payment for the Product

• 6.1. The price of the Product is stated in the national currency and includes all taxes required by Ukrainian law.
• 6.2. The price of the Goods is listed on the Website. In the event that the price of the ordered Goods is listed incorrectly, the Seller will notify the Buyer to confirm the Order with the corrected price or to cancel the Order.
• 6.3. The price of the Product on the Website may be changed by the Seller unilaterally. However, the price of the Product ordered by the Buyer is not subject to change.
• 6.4. Payment for the Product is made by the Buyer in accordance with the terms and rates specified on the Online Store page.
• 6.5. The Seller has the right to offer discounts on Products and establish a rewards program. The types of discounts and rewards, as well as the procedure and conditions for their accrual, as specified on the Website, may be changed by the Seller unilaterally.
• 6.6. The cost of the “Nova Poshta” carrier’s service “Cash on Delivery to a Bank Card” in the event of cash-on-delivery payment for the Goods shall be paid additionally by the Buyer, in accordance with the carrier’s rates.

7. Exchanges and Returns of Goods

• 7.1 Returns of Goods are processed in accordance with the return policy specified on the Website’s Online Store page.
• 7.2 If the Buyer received Goods of inadequate quality, the Buyer has the right, in accordance with the Law of Ukraine “On the Protection of Consumer Rights,” to demand a refund of the amount paid.
• 7.3 If the return is due to an error by the Online Store Seller, the Buyer will be refunded the full cost of the order. The Online Store Seller will also cover the cost of returning the goods. An error by an employee of the Seller/Online Store refers to: shipping a different model; shipping a different size; or a color discrepancy between the model and the photograph (for example: instead of black, the dress turned out to be red). However, slight variations in the shade of the same color (bright red vs. coral) are not considered a discrepancy, as the same image may appear differently on various monitors.
• 7.4 The Seller is not liable for defects in the Product that arose after it was transferred to the Buyer as a result of the Buyer’s violation of the rules for using or storing the Product, the actions of third parties, or force majeure.

8. Confidentiality and Data Protection

• 8.1 The User’s/Buyer’s personal data is processed in accordance with the Law of Ukraine “On the Protection of Personal Data.”
• 8.2 Personal data is collected solely for the purpose of complying with requirements governing legal relationships in the areas of accounting, tax reporting, and advertising. The period for storing and processing personal data is in accordance with Ukrainian law.
• 8.3 By providing their personal data during registration on the Website, the User consents to its processing by the Seller, including for the purpose of promoting the Seller’s goods and services.
• 8.4 The Seller has the right to send informational messages, including promotional messages, to the User’s/Buyer’s email and mobile phone with their consent. The User/Buyer has the right to opt out of receiving promotional and other information without providing a reason for doing so. Service notifications informing the User/Buyer about the Order and the stages of its processing are sent automatically and cannot be opted out of by the User/Buyer.
• 8.5 The Seller has the right to use “cookies.” “Cookies” do not contain confidential information and are not disclosed to third parties.
• 8.6 The Seller is not liable for information provided by the User/Buyer on the Website in a publicly accessible form.
• 8.7 The Seller has the right to record telephone conversations with the Buyer. In doing so, the Seller undertakes to prevent any attempts at unauthorized access to information obtained during telephone conversations and/or its transfer to third parties who are not directly involved in the fulfillment of Orders, in accordance with the Law of Ukraine “On Information.”

9. Term of the Public Offer

• 9.1. The current public offer takes effect upon acceptance by the User/Buyer and remains in effect until such acceptance is revoked.
• 9.2 By ordering a Product from the Online Store, the User agrees to the terms of this public offer.

10. Special Terms

• 10.1 The Seller has the right to transfer its rights and obligations to Buyers to third parties.
• 10.2 The Online Store and related services may be temporarily, partially, or completely unavailable due to maintenance or other technical reasons. The Seller’s technical support team has the right to periodically perform necessary maintenance or other work, with or without prior notice to Buyers.
• 10.3 The relationship between the User/Buyer and the Seller is governed by the laws of Ukraine.
• 10.4 If the User/Buyer has any questions or complaints, they must contact the Seller using the contact information provided on the Website. The parties are obligated to attempt to resolve any disputes that arise through negotiation. If the parties fail to reach an agreement, the dispute will be referred to a court in accordance with the applicable laws of Ukraine.
• 10.5 The parties agree that documents sent by email have full legal force, give rise to rights and obligations for the parties, may be submitted to courts as valid evidence, and cannot be contested by the party on whose behalf they were sent.
• 10.6. In accordance with Section 10.5, the Seller notes that for correspondence between the Parties, the Seller will use the following email address: info@lessencestudio.com, and when using the specified email address, such correspondence shall be deemed to have been conducted by a person who is the Seller’s legal representative, authorized to send and receive emails and documents, conduct correspondence on behalf of the Seller, and vested with all the rights held by the Seller. The details specified in the electronic documents are valid and correspond to the Seller’s official details.
• 10.7. Pursuant to Section 10.5, the Buyer acknowledges that all emails sent to the email address provided by the Buyer when placing an order for the Product shall be deemed to have been received by the Buyer. The contact information specified in the electronic documents is valid and corresponds to the Seller’s official contact information.
• 10.8. The Parties agree that if the User who placed the order for the Product has a permanent address, place of stay, or place of residence in a foreign country, then the law of Ukraine shall apply to the consumer contract.
• 10.9. Any offer or advertisement for a Product contained on the website https://lessencestudio.com/ shall be deemed to have been posted in the Seller’s country, and the corresponding order shall be deemed to have been accepted and processed within the territory of Ukraine.