PUBLIC OFFER AGREEMENT
PUBLIC OFFER AGREEMENT ON THE PROVISION OF DRY CLEANING AND SHOE
An individual, entrepreneur Anastasia Sergeevna Grankina, acting based on an extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations dated 26.06.2018, Registration number 2 270 000 0000 021082, further referred to as the "Contractor" on the one hand, invites individuals (further referred to as the "Customer"), on the other hand, to receive the services provided for in this Agreement.
- GENERAL ISSUES
This Agreement is public in accordance with Paragraphs 633, 641 of the Civil Code of Ukraine, and its conditions are the same for all customers, the unconditional acceptance of the terms of which is considered acceptance of this public offer by the Customer, for which the Contractor publishes this Agreement.
Confirmation of full and unconditional acceptance of the Agreement is the performance of one of the following actions by the Customer:
payment by the Customer or partial payment for the Services rendered indicates his acceptance of the public offer;
the transfer of shoes by the Customer to the Contractor for the performance of services in the offices of the Contractor by mail or through a courier;
filling out the electronic form by the Customer on the Contractor's website http://rbrn.com.ua/
The Agreement is considered concluded without its subsequent signing from the moment the Contractor receives payment by the Customer for the ordered services or the performance of other actions provided for by the Agreement, indicating an agreement to comply with the terms of the Agreement, without signing a written copy by the parties.
The Customer agrees to comply with the terms of the contract and agrees to receive the Services on the terms established by the Contractor for paying for the ordered services.
The Contractor has the right to change or supplement the Agreement anytime, both with and without notice to the Customer. The current edition is always on the website of the Contractor http://rbrn.com.ua/ and in departments of the Contractor.
- TERMS AND DEFINITIONS
2.1. Public offer agreement is a public agreement, which is posted on the Contractor's website http://rbrn.com.ua/ and in the Contractor's departments.
Acceptance - full and unconditional consent given by the Customer to the conclusion of this Agreement in full, without the signature of a written copy of the Agreement by the Parties
Services - a service or several services provided by the Contractor to the Customer.
Customer - any legal individual who accepts this Agreement.
- SUBJECT OF THE AGREEMENT
3.1. The Contractor undertakes to provide the Customer with services for dry cleaning and/or restoration of shoes and/or bags, and the Customer undertakes to accept and pay for the ordered Services on the terms and in the manner specified in this Agreement.
- ORDERING PROCEDURE
4.1. Checkout at the departments of the Contractor.
4.1.1. In case of personal contact to the department of the Contractor, a receipt contract for the provision of services to the Customer is drawn up. The Contractor forms a receipt contract containing: number and date of the order, full name and telephone number of the Customer, a list of services provided with an indication of their cost.
4.1.2. Payment for the order is carried out by the Customer upon execution of the receipt contract in cash or by bank transfer in full or in part. The customer pays at least 50% (fifty percent) of the total cost of the order immediately, and the remainder after the performance of the services by the Contractor. The amount of the advance payment is indicated in the contract receipt.
4.2. To place an order for the service by calling the Contractor's courier at the Customer's address.
4.2.1. To call the courier, the Customer fills out an electronic form on the Contractor's website http://rbrn.com.ua/ or by calling the Contractor by phone +380687472858. The Contractor contacts the Customer by phone within one day after the receipt of the application and agrees on the time and address of the courier's arrival.
4.2.2. Upon arrival, the Contractor's courier picks up the Customer's shoes/bags and takes them to the Contractor's department.
4.2.3. If the Customer refuses to place an order upon the arrival of the courier or changes the time and/or meeting place less than an hour before the appointed time, he pays 50.00 UAH. (Fifty hryvnias) for a false call to the Executor's courier.
4.2.4. After delivery of the order to the office, the Contractor is obliged to contact the Customer within 24 hours to agree on the services, their cost, and the subsequent terms of the order. The customer pays at least 50% (fifty percent) of the total cost of the order immediately after the approval of the work, and the remainder after the performance of the services. The amount of the advance payment is indicated in the contract receipt.
4.2.5. After completing the order, the Contractor contacts the Customer by phone and agrees on the date, time, and place of delivery of the order. The customer pays for the order in cash to the Contractor's courier or according to the details of the Contractor's card account.
4.3. Placing an order by sending shoes by mail.
4.3.1. The customer has the opportunity to send shoes to receive services according to the details of the Contractor by mail.
4.3.2. The Contractor, within 24 hours after receiving the parcel by mail, can contact the Customer by phone and agree on the Services, their cost, and preliminary deadlines with the Customer. The customer pays at least 50% (fifty percent) of the total cost of the order immediately after the approval of the work, and the remainder after the performance of the services. The amount of the advance payment is indicated in the contract receipt.
4.3.3. After completing the order, the Contractor sends the shoes according to the Customer's postal details by cash on delivery with payment by mail or in full prepayment according to the details of the Contractor's card account.
4.4. The Customer understands that the deadline for the completion of work may be changed or extended due to the complexity of the condition of the product, or the properties of the materials of the product, or technological aspects, and accepts the reasons of the Contractor as an authoritative opinion.
- COST AND SETTLEMENT PROCEDURE
5.1. The cost of services is determined in accordance with the Contractor's price list indicated on the Contractor's website http://rbrn.com.ua/ and posted in the Contractor's departments.
5.2. The cost of services may differ from the prices indicated in the price list by agreement of the Parties.
5.3. The Customer pays for the Contractor's Services on the basis of this Agreement in the national currency of Ukraine - hryvnia - in cash or by bank transfer.
5.4. The customer must pay the full cost of services at the time of ordering or make a 50% advance payment as agreed by the Parties.
5.5. The Customer has the right to refuse to execute the Agreement anytime before the delivery of the work to him, having paid to the Contractor a part of the amount established by him, proportional to the part of the work performed, by informing the Customer about the refusal to perform the Agreement. The customer is also obliged to reimburse the Contractor for the costs incurred by him up to this moment in order to fulfill the Agreement if they are not included in the specified part of the price of the work performed.
5.6. If the Customer paid for the services while placing the order and is not satisfied with the quality of the services provided, he draws up a claim in writing and provides it to the Contractor. The Contractor within 5 (five) calendar days sends a response to the claim to the Customer. By agreement of the Parties, a chemical-technological or commodity examination can be carried out after the provision of services at the expense of the Customer. The Parties will use their best efforts to resolve the claim. Upon reaching a decision on the return of funds, the Contractor makes a refund in cash or by cashless method (depending on how the Customer first paid for the order).
- PROCEDURE FOR ACCEPTANCE-TRANSFER OF SERVICES PROVIDED
6.1. The procedure for acceptance and transfer of services rendered in the Contractor's department.
6.1.1. After completing the order, the Contractor calls or sends a message to the Customer about the readiness of his order. The customer independently applies to the department of the Contractor to pick up the finished order.
6.2. The procedure for acceptance-transferring the services rendered through the courier of the Contractor.
6.2.1. After completing the order, the Contractor contacts the Customer by phone and agrees on the date, time, and place of delivery of the order. The customer pays for the order in cash to the Contractor's courier or according to the details of the Contractor's card account.
6.3. The procedure for the acceptance-transferring of services rendered through the postal dispatch.
6.3.1. After completing the order, the Contractor contacts the Customer by phone and agrees on the postal details for sending the order. The customer pays for the order by cash on delivery or according to the account details of the Contractor, as agreed by the Parties.
6.4. The customer is obliged to contact and pick up the finished order at the department of the Contractor or agree on the time and place of receipt of the order through the courier of the Contractor within 7 (seven) calendar days from the date of receiving a call or message from the Contractor about the readiness of the order, or inform the Contractor about circumstances that make it impossible pick up the order within the specified period and agree on a new date for receiving the order.
6.5. In the event that the Customer did not apply for the order on time and did not warn the Contractor about the circumstances affecting the opportunity to apply within the specified period, a tariff of 50 (fifty) hryvnia is added to the total cost of the order for each day of delay. The total amount for the delay in picking up the order is paid by the Customer to the Contractor upon receipt of the order.
6.6. If the Customer has not applied for the order within 90 calendar days from the date of execution of the order, the Contractor has the right to dispose of the shoes. At the same time, the Customer is not released from the obligation to pay for the services performed to the Contractor. The Contractor has the right to involve third parties in the demand for payment of the debt by the Customer.
- RIGHTS, OBLIGATIONS, AND RESPONSIBILITIES OF THE PARTIES
7.1. The Contractor is obliged to immediately notify the Customer and, before receiving appropriate instructions from him, to suspend the performance of work (provision of services) upon detection of:
- unsuitability for restoration or poor quality of the product provided by the Customer
- possible adverse consequences for the Customer of the fulfillment of his instructions on the method of performing work (rendering a service)
- other circumstances independent of the Contractor that threaten the validity or integrity of the results of the work performed or make it impossible to complete it on time.
7.2. The Contractor starts work only after the complete agreement of the work plan with the Customer. The customer is obliged to state in detail and accurately all his wishes and requirements in order to avoid misunderstandings in the receipt-contract. If this condition is not met, claims to the result of the work are not accepted, provided that the work is performed of the appropriate quality.
7.3. The contractor has the right:
- not to start work, to suspend it if the Customer violates his obligations under this Agreement, as well as to claim damages
- retain the result of the work, the remainder of the unused material if the Customer fails to fulfill the obligation to pay the price of the work stipulated by the contract
- in the event that, after agreeing on the work plan with the Customer, the Customer changes his opinion or untimely notifies of the desired changes, demand payment for the work performed by him
- refuse to perform work without explanation or because of the lack of the necessary equipment, experience, or because of the condition or features of the product.
7.4. The Contractor is released from liability for full or partial damage to the materials of the shoes, accepted by him from the Customer if the Customer is warned by the Contractor about the special properties of the material that may negatively affect his condition during the execution of work. The Customer's ignorance of the special properties of the material does not exempt him from liability.
7.5. The Contractor is not responsible for the improper operation and improper care of shoes by the Customer after receiving the order, as well as for the possible consequences of damage to shoes due to the influence of external factors, both intentional and unintentional (rain, hail, sun, mechanical damage, washing in a washing machine, drying by heaters, etc.) after the delivery of the order to the Customer. In particular, the Contractor is not responsible for possible defects in the hardware installed during the repair as agreed with the Customer, since he is not a manufacturer of hardware made of metal or plastic.
7.6. The Customer undertakes to provide the Contractor with all the necessary information about the desired result of the work.
7.7. The Customer undertakes to pay the Contractor in full.
7.8. The Customer is responsible for the inadequate quality of the product provided by him, as well as for the provision of a product encumbered with the rights of third parties. In the event of severe wear and tear of the shoes, the Contractor is not responsible for possible damage and other adverse consequences in the process of working with it.
7.9. The Customer has the right to question the progress and quality of the provision of the Services provided by the Contractor without interfering with his activities.
- SPECIAL WARNINGS ABOUT THE PROVISION OF SERVICES
8.1. Shoes that have incomplete, incorrect marking, or lack thereof, as well as non-original shoes, are accepted by the Contractor only with the consent of the Customer. For possible consequences of cleaning, restoration, and repair due to defects in shoes (loss of color, shedding, yellowing of shoe materials and soles, shrinkage of shoes, loosening of fabric, and other defects that do not depend on the Contractor), claims are made against the manufacturer of shoes or the seller of such shoes. Responsibility for damage caused to the Customer as a result of inaccurate or insufficient information lies with the seller and the shoe manufacturer. The Customer agrees that the possible loss of the presentation of the footwear due to the manifestation of hidden defects and deficiencies, including after repair (restoration) in another service, is not the fault of the Contractor.
8.2. The Contractor warns the Customer that: stains from blood, paint, vegetable oils, medicines, perfumes, deodorants, wines with added dyes, grease, and old stains fixed by self-cleaning at home are difficult to remove. Shoes with such stains are accepted without a guarantee of stain removal.
8.3. The Customer understands and agrees that products made of suede, textiles, and nubuck may lose color during cleaning, and may also fade onto other parts of the shoe through no fault of the Contractor.
8.4. The Customer understands that damaged materials of the product may be damaged further during cleaning the product or repair. The Contractor, in turn, adheres to the technology and faithfully performs the work, and does everything possible to prevent this from happening.
8.5. The Contractor accepts products for repair only in their pure form.
8.6. The Contractor accepts products for painting or restoration exclusively in conjunction with cleaning, the Customer understands that for a good long-term result, the product must be properly cleaned and prepared, and then painted. In case of refusal to clean by the Customer, the Contractor is not responsible for the result of the work and its duration.
8.7. If there are non-removable accessories and parts made of artificial materials on the shoes, the Contractor disclaims responsibility in case of damage and loss of the product's presentation.
8.8. The Contractor warns the Customer that some types of leather (for example, Safyan, aniline, varnish, etc.) cannot be restored in whole or in part, or the structure, color of the leather, etc. may change during cleaning or painting and suggests possible options for working to improve the condition of the product or refuses to work with it so as not to worsen the situation. The customer understands and accepts such risks.
8.9. Comments on the quality of the services provided can be presented by the Customer only at the time of acceptance and transfer of the order.
8.10. The Contractor warns that the warranty period for repair and restoration work is no more than 1 (one) calendar month from the date of order execution. The Contractor does not provide guarantees for some services, in particular for cleaning products, painting the side of the sole of shoes, gluing plastic and some rubber parts of shoes, repairing shoe air cylinders, painting fabrics, artificial and synthetic materials, painting previously improperly painted products, etc. and informs the Customer about it while placing an order. The risks, in this case, are associated with the short period of some types of restoration and repair, as assumed by the Customer.
- DISPUTE RESOLUTION
9.1. Disagreements that may arise between the Parties in connection with the execution of this Agreement shall be resolved through negotiations on the basis of a written claim submitted. The term for consideration of the claim is 5 (five) days from the date of its delivery to the Contractor.
9.2. If the dispute between the Parties is resolved in a complaint procedure, either of the Parties has the right to apply for a resolution of the dispute to the court at the location of the Contractor.
- FORCE MAJEURE CIRCUMSTANCES
10.1. The Parties are released from liability for non-fulfillment or improper fulfillment of the obligations provided for in this Agreement if it arose as a result of force majeure.
10.2. Force majeure in this Agreement means any circumstances that arose against the will or wishes of the Parties and cannot be foreseen or avoided, including military action, riots, epidemics, blockade, earthquakes, floods, fires, as well as decisions or instructions of the state authorities of the State of which the Customer is a resident or of the State of which the Contractor is a resident, as a result of which additional obligations or additional restrictions will be imposed on the Parties (or one of the Parties) and will make it impossible in the future to fully or partially fulfill the Agreement as well as other actions or events that exist outside the will of the Parties.
10.3. If force majeure continues for more than three months in a row, then each of the Parties will have the right to refuse further fulfillment of obligations under this Agreement and, in this case, neither of the Parties will have the right to reimburse the other party for possible losses.
- FINAL ISSUES
11.1. This Public Offer Agreement, on the terms of which the Contractor performs work in the interests of the Customer, is posted on the Contractor's website http://rbrn.com.ua/
11.2. The Parties undertake to ensure the protection of personal data in accordance to the Law of Ukraine "Personal Data Protection" dated June 1, 2010 No. 2297-VI, to ensure adequate protection of personal data from illegal processing as well as from illegal access to them, including taking the necessary measures to prevent the disclosure of the personal data of the Customer and/or other authorized persons of the Parties to whom such personal data was entrusted or which became known to them in connection with the fulfillment of obligations under this Agreement.
11.4. The Customer agrees that the Contractor can use photos or video materials taken with his product during the fulfillment of working to promote his services.
11.5. The Contractor under this Agreement is:
Individual entrepreneur Grankina Anastasia Sergeevna.
Contractor's office address: Ukraine, Kyiv, st. Velyka Vasylkivska 30В
Contact phone: +380687472858