Terms & Conditions
Public Offer Agreement
1. General Provisions
1.1. This Agreement is a public offer (hereinafter referred to as the Agreement, Contract, Offer) (in accordance with Articles 633, 641, and Chapter 63 of the Civil Code of Ukraine), containing all the essential terms of organizing distance selling (i.e., through the Internet store) and is the equivalent of an "oral agreement," and according to the current legislation of Ukraine, it has the appropriate legal force.
1.2. The effective offer is an official proposal of the Individual Entrepreneur Shumitska I.S. (hereinafter referred to as the "Seller") to conclude a contract of sale of goods remotely, i.e., through the Internet store, and places the Public Offer (proposal) on the official website of the Seller "https://bettersew.com/" (hereinafter - the "Website").
1.3. By accessing the materials of the Website, the User thereby accepts this Agreement (accepts).
1.4. By entering into the Agreement, the Buyer confirms that he is fully acquainted with and agrees to its terms, despite the fact that the Agreement is electronic and not physically signed by the User/Buyer. In case of disagreement, the User/Buyer must leave the Website.
2. Definitions and Interpretation
In this Offer, unless the context requires otherwise, the following terms have the following meanings:
"Goods" - a list of assortment names presented on the online store.
"Seller" - Individual Entrepreneur Inna Sergiivna Shumitska (identification code 3089713362).
"Website," also "Internet store" - the website of the online store https://bettersew.com/, including all web pages; the Seller is the owner of the online store.
"Buyer" - any capable individual or legal entity, individual entrepreneur, who has accepted the terms of this Agreement and, using the opportunities of the Website, buys and/or orders the Goods offered by the Seller.
"Visitor" - any person who visits the website https://bettersew.com/.
"User" - Seller, Buyer, Visitor who agreed to the terms of this Agreement.
"Order" - the selection of specific items from the list of goods specified by the Buyer when placing an order and making a payment.
"Personal Data" - information or a set of information about an identified or identifiable natural person.
"Privacy Policy" - the terms of handling confidential information on the Website, which is an integral part of this Agreement and is posted at the link: https://bettersew.com/privacy-policy/.
3. Subject of the contract
3.1. The subject of the Agreement is to provide the User with the opportunity to purchase Goods presented in the catalog of the Online Store for personal needs not related to the distribution and conduct of entrepreneurial activities.
4. Product description
4.1. The product is provided to the buyer in the form of archives in zip format, containing electronic documents (files) with drawings of product details, layouts of details, and instructions for making the products. Product files are supplied on an "As is" basis - as they are.
4.2. "As is" means that the Seller sells, and the Buyer buys the subject of the sale in the condition it is in at the time, and the Buyer accepts it "with all faults" that may be immediately or not immediately apparent.
4.3. Drawings of details are provided in files suitable for printing in A4, Letter formats, and for printing on a plotter. To obtain a full-size paper pattern, the Buyer should print the file on a printer and glue the sheets with parts of the pattern together.
5. Terms regarding intellectual property
5.1. The Seller has exclusive rights to all materials posted on the Website (including, but not limited to, design elements, text, graphic images, illustrations, scripts, programs, methods, or techniques described in the instructions). The method of making (creating) the mannequin (dress form) is the Seller's own authoring development and property. The content of the Website is protected by copyright, as well as other rights related to intellectual property, and legislation on unfair competition.
5.2. The Buyer is prohibited from using any materials of the Website in whole or in part to carry out any commercial activities, for the purpose of subsequent resale, publishing purchased product files (drawings, manufacturing instructions, etc.), and using Website materials in any way that violates the Seller's copyrights.
5.3. The Buyer agrees that they do not acquire any ownership rights to any materials posted on the website. The Seller does not grant the Buyer any licenses, express or implied, to their intellectual property.
6. Payment, delivery, and return terms
6.1. The Buyer places an order on the website independently.
6.2. After placing an order, the Seller sends a confirmation email to the Buyer's contact email. Receipt of the email by the Buyer confirms the acceptance of the order.
6.3. The Buyer pays for the order by transferring funds to the Seller's accounts in the manner specified on the Site.
6.4. The Buyer receives a link to download the product in their personal account on the Website only after the payment is received into the Seller's accounts.
6.5. The Buyer's obligation to pay for the product is considered fulfilled from the moment the funds are received in the Seller's account.
6.6. The Seller's obligation to deliver the product is considered fulfilled from the moment the link to download the product is received in the Buyer's personal account on the Website.
6.7. Digital products are not subject to exchange or return.
6.8. Money is not refunded for purchased digital products.
7. Rights and obligations
7.1. 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.
7.2. The Seller undertakes to:
• provide the Buyer with accurate information related to the product;
• conscientiously fulfill the terms of this Agreement.
7.3. The Buyer has the right to:
• place orders in the online store;
• use the purchased product exclusively for personal non-commercial purposes.
• print individual pages on paper and store these pages electronically on a disk solely for personal, non-commercial use.
• The Buyer has the right to refuse to receive advertising messages in the manner specified in the received message.
7.4. The Buyer is obliged to:
• familiarize themselves with the description of the product;
• timely pay for and receive orders on the terms of this Agreement.
• not distribute (publish, post, copy, transmit, or resell to third parties) the products purchased from the Seller for commercial or non-commercial purposes;
• in case of disagreement with the terms of the Offer, the Buyer is obliged to cease using the Site.
8. Responsibility of the Parties (Limitation of liability) and Dispute Resolution Procedure
8.1. The Parties are responsible for the non-performance or improper performance of the existing contract-offer in the manner provided by this Agreement and the applicable legislation.
8.2. The Seller is not responsible for:
• the content and accuracy of the information provided by the Buyer when placing an order;
• delays and interruptions in the provision of services (order processing and delivery of goods) arising for reasons beyond its control;
• for third party access to your account that results from theft or misappropriation of your account.
• if the Buyer's expectations regarding the consumer properties of the product turn out to be unjustified.
8.3. The responsibility for money transfers made by the Buyer lies with the banks and payment systems. The Seller is not responsible for the actions of processing centers.
8.4. The Buyer is responsible for the accuracy of the information provided during the order placement.
8.5. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
8.6. In the event of force majeure circumstances, the parties are released from fulfilling the terms of the Agreement. Force majeure circumstances are events of an extraordinary, unforeseeable nature that prevent or impede the performance of the Agreement, the occurrence of which the Parties could not foresee and prevent by available means.
8.7. All disputes that arise will be attempted to be resolved through negotiations between the parties. In the event that the parties do not reach an agreement, the dispute will be submitted for consideration to the court in accordance with the current legislation of Ukraine.
9. Confidentiality and Information Protection
9.1. Upon accepting this Offer, the Buyer provides unconditional consent to the Seller for the collection, processing, storage, and use of their personal data. The online store uses this information for order processing and other purposes related to ensuring the purchase of Goods.
9.2. The collection, processing, use, storage, and protection of personal data are carried out in accordance with the Privacy Policy.
9.3. The online store uses Cookies and information about users through the Google Analytics service. "Cookies" do not contain confidential information and are not transmitted to third parties.
9.4. The Buyer agrees to receive promotional and informational messages.
10. Other Terms
10.1. The Seller reserves the right to unilaterally make changes to this Agreement.
10.2. The updated version of this Agreement shall take effect immediately upon publication on the Website unless otherwise specified. Your continued use of the Website after the effective date of the revised Agreement (or any other action indicated at that time) will signify your agreement to these changes.
10.3. The Seller has the right to transfer its rights and obligations to third parties concerning Buyers.
10.4. The relationship between the User/Buyer and the Seller is governed by the laws of Ukraine.
10.5. The Seller reserves the right to monitor and review new accounts before the User can log in and start using all the Website services. Providing any false contact information may result in the suspension of your account. The User must promptly notify us of any unauthorized use of their account or any other security breaches. The Seller may suspend, disable, or delete the account (or any part of it) if it is found that the User has violated any provision of this Agreement or that their actions may cause material and/or moral damage to the Seller.
10.6. The Seller reserves the right at its discretion to reject or remove any materials that, in Our reasonable opinion, violate any of Our policies or are in any way harmful or unwanted.
10.7. If, for any reason, any of the provisions of this Offer are found to be invalid or without legal force, it does not affect the validity or applicability of the other terms of the Offer.
CONTACT:
Bettersew welcomes your questions or comments regarding the Terms:
M. Koryshchenka st., 22/77, Zaporizhzhia Ukraine 69014
Email Address: bettersew@gmail.com