PUBLIC OFFER AGREEMENT

PUBLIC OFFER AGREEMENT

for the provision of services

The Company (hereinafter referred to as the “Contractor”) publishes this agreement, which is a public offer agreement for the provision of services (hereinafter referred to as the “Agreement”), has the appropriate legal force, establishes all the essential terms and conditions and the procedure for the provision of paid services for dry cleaning and restoration of clothes, shoes and bags displayed on the official website of the Contractor http://rbrn.com.ua/ (hereinafter referred to as the “Contractor’s website”).

The Contractor addresses this Public Offer (proposal) for the conclusion of the contract (hereinafter referred to as the “Offer”) to an unlimited number of individuals who order services at the Contractor’s branch and/or place an order on the Contractor’s website (hereinafter referred to as the Customer/Client), collectively referred to as the “Parties”, and each separately as a “Party”, on the terms and in the manner provided for in this Agreement.

  1. General provisions
  • This Agreement is public, in accordance with Articles 633, 641 of the Civil Code of Ukraine, and its terms are the same for all Customers, the unconditional acceptance of the terms of which is considered acceptance of this offer by the Customer, for which the Contractor publishes this Agreement.
  • Confirmation of full and unconditional acceptance of the Agreement is one of the following actions on the part of the Customer
  • payment by the Customer of a fee or partial payment for the ordered Services, which indicates acceptance of the public offer;
  • transfer of shoes, clothes, other things by the Customer to the Contractor for the performance of the Services at the Contractor’s branches, by mail or by courier;
  • filling out an electronic form by the Customer on the Contractor’s website http://rbrn.com.ua/.
    • The Agreement shall be deemed concluded without its further signing from the moment the Contractor receives payment for the ordered Services by the Customer or performs other actions stipulated by the Agreement, which indicate the consent to comply with the terms of the Agreement, without the Parties signing a written copy.
    • The Customer agrees to comply with the terms of the Agreement and agrees to receive the Services on the terms and conditions established by the Contractor for payment for the ordered Services.
    • The Contractor shall have the right to amend or supplement the Agreement at any time with or without notice to the Customers. The current version is always available on the Contractor’s website http://rbrn.com.ua/ and in the Contractor’s branches.
  1. Terms used in this Agreement

2.1. Public Offer Agreement – a public agreement, a sample of which is available on the Contractor’s website http://rbrn.com.ua/ and in the Contractor’s branches.

  • Acceptance – the Customer’s full and unconditional consent to the conclusion of this Agreement in full, without the signature of a written copy of the Agreement by the Parties.
  • Services means a service or several services provided by the Contractor to the Customer.
  • Customer/Client – any legally capable individual who has accepted this Agreement.
  • Product means any item received by the Contractor from the Customer for the provision of Services under the Agreement: shoes, clothes, bags, other wardrobe items, etc.
  1. Subject of the Agreement
  • Under this Offer Agreement, the Contractor undertakes to provide services for: cleaning, and/or washing, and/or repair, and/or color restoration, and/or restoration of clothing/shoes/bags/other items upon the Customer’s request, and the Customer undertakes to pay for these services.
  • The approximate term of service provision depends on the range of products, is determined in accordance with the terms of order fulfillment posted on the Contractor’s Website and is from 5 working days for cleaning, from 10 working days for dyeing, from 5 working days for repair, from 10 working days for color restoration and restoration of leather products – from the date of collection of items by the Contractor’s courier from the Customer and/or placing an order at the Contractor’s branches or receiving the products by mail. The order fulfillment period may be set individually by agreement between the Contractor and the Customer.
  • The cost of services shall be determined on the basis of the current price list, which may be posted on the Contractor’s Website and/or at the Contractor’s branches. By agreement between the Contractor and the Customer, prices may differ from the price list.
  1. Ordering procedure

4.1 Placing an order at the Contractor’s branch.

4.1.1. In case of personal application to the Contractor’s branch, a receipt-contract for the provision of Services to the Customer is issued. The Contractor shall draw up a receipt-contract containing: the number and date of the order, the name and telephone number of the Customer, a list of the Services provided with an indication of their cost.

4.1.2. Payment for the order shall be made by the Customer upon execution of the receipt-contract in cash or by bank transfer in full or in part. The Customer pays the full cost of the services or at least 50% (fifty percent) of the full cost of the order immediately, and the balance – after the Services are performed. The amount of the advance payment is indicated in the contract receipt.

4.2 Placing an order when 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 through other available telephone and remote services of the Contractor. The Contractor shall contact the Customer within one day after receipt of the application and agree on the date, time and address of the courier’s arrival.

4.2.2. Upon arrival, the Contractor’s courier shall pick up the Customer’s products and take them to the Contractor’s office. 4.2.3. If the Customer refuses to place an order upon the courier’s arrival or changes the time and/or place of the meeting less than one hour before the appointed time, he/she shall pay UAH 100.00 (one hundred hryvnias) for the erroneous call of the Contractor’s courier.

4.2.4. After delivery of the order to the office, the Contractor shall contact the Customer within a day to agree on the Services, their cost and preliminary terms of order fulfillment. The Customer pays the full cost or at least 50% (fifty percent) of the total cost of the order immediately after the approval of the work, and the balance – after the performance of the Services. The amount of the advance payment shall be indicated in the contract receipt.

4.2.5. After fulfilling the order, the Contractor shall contact the Customer and agree 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 Contractor’s bank details.

4.3. Placing an order by sending products by mail.

4.3.1. The Customer has the opportunity to send the products to receive the Services to the Contractor’s details by mail.

4.3.2. Within one business day after receiving the parcel by mail, the Contractor shall contact the Customer and agree on the Services, their cost and preliminary terms of performance with the Customer. The Customer pays the full cost or at least 50% (fifty percent) of the total cost of the order immediately after the approval of the work, and the balance – after the performance of the Services. The amount of the advance payment shall be indicated in the contract receipt.

4.3.3 After fulfillment of the order, the Contractor shall send the products to the postal details of the Customer by cash on delivery with payment by mail or by full prepayment to the bank details of the Contractor.

4.4. The Customer understands that the term of performance of the work may be changed or extended due to the complexity of the product condition, or the properties of the product materials, or technological aspects, and accepts the Contractor’s justification as an authoritative opinion.

  1. Cost and payment procedure

5.1. The cost of the Services shall be determined in accordance with the Contractor’s price list, which is indicated on the Contractor’s website http://rbrn.com.ua/ and posted at the Contractor’s branches.

5.2. The cost of the Services may differ from the prices specified in the price list by agreement of the Parties.

5.3. The Customer pays for the Services to the Contractor on the basis of this Agreement in the national currency of Ukraine – hryvnia – in cash or by bank transfer.

5.4. The Customer shall pay the full cost of the Services at the time of placing the order or make a 50% advance payment as agreed by the Parties.

5.5. The Customer has the right to withdraw from the Agreement at any time before the delivery of the work by paying the Contractor a part of the amount set by him, which is proportional to the part of the work performed before the Customer notifies the Contractor of withdrawal from the Agreement. The Client shall also reimburse the Contractor for the expenses incurred by him up to that point for the purpose of performing the Agreement, if they are not included in the specified part of the price of the work performed.

5.6. If the Customer has paid for the Services during the ordering process and is not satisfied with the quality of the Services provided, he/she shall make a claim in writing and submit it to the Contractor. The Contractor shall send a response to the claim to the Customer within 5 (five) calendar days. By agreement of the Parties, a chemical, technological or commodity expertise may be carried out after the provision of the Services at the expense of the Customer. The Parties shall make every effort to settle the claim. When a decision on the refund is reached, the Contractor shall make a refund in cash or by bank transfer (depending on how the Customer initially paid for the order).

  1. Procedure for acceptance and transfer of the provided Services 6.1. The procedure for acceptance and transfer of the Services provided at the Contractor’s branch.

6.1.1. After fulfilling the order, the Contractor shall call or send a message to the Customer about the readiness of his order. The Customer shall independently contact the Contractor’s branch to pick up the finished order.

6.2. The procedure for acceptance and transfer of the Services provided through the Contractor’s courier.

6.2.1. After fulfilling the order, the Contractor shall contact the Customer and agree 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 Contractor’s bank details.

6.3. Procedure for acceptance and transfer of the Services provided by postal delivery.

6.3.1. After fulfilling the order, the Contractor shall contact the Customer and agree on the postal details for sending the order. The Customer pays for the order by registered postal transfer or according to the details of the Contractor’s account, as agreed by the Parties.

6.4. The Customer is obliged to apply and pick up the finished order at the Contractor’s branch, or agree on the time and place of receipt of the order through the Contractor’s courier within 7 (seven) calendar days from the date of receipt of the call or message from the Contractor about the readiness of the order, or notify the Contractor of the circumstances that do not allow to pick up the order within the specified period and agree on a new time for receiving the order.

6.5. If the Customer has not applied for the order within the specified period and has not notified the Contractor of the circumstances affecting the possibility of applying within the specified period, a tariff of 50 (fifty) hryvnias shall be added to the total cost of the order for each day of such delay. The Customer shall pay the total amount for the delay in picking up the order to the Contractor upon receipt of the order.

6.6. If the Customer does not apply for the order within 90 calendar days from the date of execution of the order, the Contractor has the right to dispose of the items. In this case, the Customer shall not be released from the obligation to pay for the Services performed to the Contractor. The Contractor shall have the right to involve third parties in the demand for payment of the debt by the Customer.

  1. Rights, obligations and liabilities of the Parties

7.1. The Contractor shall immediately notify the Client and, until receiving appropriate instructions from the Client, suspend the performance of work (provision of Services) in case of detection of: – unsuitability for restoration or poor quality of the product handed over by the Client; – possible adverse consequences for the Client of fulfilling his instructions on the method of performance of work (provision of Services); – other circumstances beyond the Contractor’s control that threaten the suitability or integrity of the results of the work performed or make it impossible to complete it on time.

7.2. The Contractor shall commence work only after the work plan has been fully agreed with the Client. The Client shall be obliged to state in detail and accurately all their wishes and requirements in order to avoid misunderstandings in the contract receipt. If this condition is not fulfilled, no claims to the result of the work shall be accepted, provided that the work is of proper quality.

7.3. The Contractor has the right: – not to proceed with the work, suspend it if the Customer violates its obligations under this Agreement, and also claim damages; – withhold the result of the work, the balance of unused material in case of failure of the Customer to pay the price of the work stipulated by the Agreement; – if, after agreeing on the work plan with the Customer, the Customer changes its mind or untimely notifies of the desired changes, demand payment for the work performed by it; – if necessary, involve third parties who have a corresponding agreement with the Contractor to provide the Services; – refuse to perform the work without giving reasons or due to lack of necessary equipment, experience, or due to the condition or features of the product.

7.4. The Contractor shall be released from liability for full or partial damage to the materials of the product accepted by it from the Customer, if the Customer has been warned by the Contractor of the special properties of the material that may adversely affect its condition during the performance of the work. The Customer’s ignorance of the special properties of the material shall not relieve him of liability.

7.5. The Service Provider shall not be liable for any defects, violations of the fabric structure or other defects that already exist on the products before the start of the Services.

7.6. The Service Provider shall not be liable for improper operation and improper care of the products by the Customer after receiving the order, as well as for possible consequences of damage to the products due to external factors, both intentional and unintentional (rain, hail, sun, mechanical damage, washing in a washing machine, drying near heaters, etc. In particular, the Contractor shall not be liable for possible defects in the fittings installed during the repair in agreement with the Customer, as it is not a manufacturer of metal, rubber or plastic fittings.

7.7. The Customer undertakes to provide the Contractor with all necessary information about the desired result of the work.

7.8. The Customer undertakes to pay for the Contractor’s services in full.

7.9. The Customer shall be responsible for the improper quality of the product provided by him/her, as well as for the provision of a product encumbered by the rights of third parties. In case of severe wear (more than 50%) and old age of the product, the Contractor shall not be liable for possible damage and other adverse consequences in the process of working with it.

7.10. The Customer shall have the right to inquire about the progress and quality of the Services provided by the Contractor without interfering with its activities.

7.11. The Customer undertakes to independently check the quality of the Services provided at the time of acceptance of the Product.

7.12. The Customer agrees that defects, defects, violations of the fabric structure or other existing defects on the Products may remain after the provision of the Services and cannot be eliminated.

7.13. The Contractor reserves the right to refuse to issue an order to the Customer or the Customer’s representative in the absence of a document confirming its acceptance.

7.14. The Customer agrees that the Contractor may refuse to issue an order without a supporting document.

  1. Special warnings regarding the provision of Services

8.1. Products with incomplete, incorrect labeling or lack thereof, as well as non-original products, shall be accepted by the Contractor only with the consent of the Customer. For the possible consequences of cleaning, restoration and repair due to product defects (loss of color, molting, yellowing of materials, yellowing of the sole of the shoe, shrinkage of the product, loosening of the fabric, and other defects that do not depend on the Contractor), claims shall be made to the manufacturer of the Product or to the seller of such Product. The seller or manufacturer of the Product shall be liable for any damage caused to the Customer as a result of inaccurate or insufficient information. The Customer agrees that the possible loss of the product’s presentation due to the manifestation of hidden defects and shortcomings, including after cleaning, repair or restoration in another service, is not the fault of the Contractor.

8.2. The Contractor warns the Customer that: blood stains, paint, vegetable oils, medicines, perfumes, deodorants, wines with added dyes, grease and old stains, fixed by self-cleaning at home, are difficult to remove. Products with such stains are accepted without a guarantee of stain removal.

8.3. The Customer understands and agrees that suede, textile and nubuck products may lose color during cleaning, and may also stain other parts of the product through no fault of the Contractor.

8.4. The Customer understands that damaged product materials may be further damaged during cleaning or repair of the product. The Contractor, in turn, adheres to the technology and performs the work in good faith, and does everything possible to prevent this from happening.

8.5. The Contractor accepts products for repair only in a clean form.

8.6. The Contractor accepts products for painting or restoration only in combination with cleaning, the Customer understands that for a good long-term result, the product must be properly cleaned and prepared, and then painted. If the Customer refuses to clean, the Contractor shall not be liable for the result of the work and its duration.

8.7. If the product has non-removable fittings and parts made of artificial materials, the Contractor shall not be liable in case of their damage and loss of presentation.

8.8. The Contractor shall warn the Customer that some types of leather (e.g., saffiano, aniline, patent, nubuck, etc.) cannot be restored in whole or in part, or the structure, color of the leather, etc. may change during cleaning or dyeing, and shall offer possible options for improving the condition of the product or refuse to work with it in order not to aggravate the situation. The Customer understands and assumes such risks.

8.9. Comments on the quality of the Services provided may be submitted by the Customer only at the time of acceptance and transfer of the order.

8.10. The Contractor shall warn that the warranty period for repair and restoration work shall not exceed one (1) calendar month from the date of order fulfillment. The warranty period for the quality of dry cleaning, aqua cleaning and laundry of products is 5 days from the date of issuance of the order, subject to compliance with the conditions of storage and operation. The Contractor does not provide a guarantee for some Services, in particular, for painting the side of the shoe sole, gluing plastic and some rubber parts of the shoe, repairing shoe air cylinders, stretching shoes, painting fabric, artificial and synthetic materials, painting previously improperly painted products, etc. and notifies the Customer of this when placing the order. The Customer shall assume the risks associated with the short duration of certain types of restoration and repair.

8.11. The Contractor shall warn the Customer that stretching of the footwear is a physical deformation, as a result of which the shape of the footwear may change. The Customer agrees and understands that only shoes made of natural materials can be stretched and within the limits of permissible, and shoes made of other materials (fabric, rubber, synthetics, leather substitutes, etc.) are accepted by the Contractor only without a guarantee and with the Customer’s approval of possible risks.

8.12. The Contractor shall not be liable for defects that were detected during the ordering process and hidden defects that arose during the manufacture of the product or appeared during wearing and operation of the product and are allowed by applicable regulations*: – fixed stains and leaks from paints, perfumes, medicines, blood, ink, grease, oil, glue, varnish, mold, rust, etc.; – change in color intensity or color, dye discoloration, change in the shape of the pattern, whiteness, yellowing, fading, fading, worn and etched places caused by sweat, chemicals, light and prolonged friction during wear; pinhole holes formed on the products due to mechanical damage, sparks and hot ashes, chemicals or moths; – gloss, hidden and obvious burns that have arisen from a violation of the ironing regime at home; – peeling and deformation of the internal adhesive pad on collars, cuffs, and sides; – descent, elongation of loops, thread tightening, fraying at the ends of products, holes, loops, stretching, skewing of products or individual parts; – shine, peeling, creases, wrinkling of products due to uneven shrinkage of mixed yarns; – weakening of the fabric in places of burns and frayed areas; – disturbance of folds stability; – destruction of metallized threads or their tarnishing; – crushing of down and feathers of down products; – formation of down lumps and its displacement in products with down insulation; – loss of volume of products on synthetic winterizer; – slight darkening of the white color in combined products of black and white colors; – loss of weakened teeth on zippers; – thinning of the pile, piling, delamination, crushing, detachment of the pile, worn areas of the product; – variegation, increased stiffness of leather and leather fabric, deformation on products made of natural and artificial fur, suede, velor and leather; – partial leaching of latex, traces of impregnated glue, local swelling, bulging areas on products made of duplicate materials, leather products and sheepskin coats; – skin imperfections; – removal of the film coating on leather products and sheepskin coats; – damage and tearing of the film coating and skin defects hidden under such coating.

8.13. After processing, the products may shrink, depending on the fabric and type of processing, from 1% to 8%. In the absence of information on the product labeling regarding fabric decanting, the Contractor shall not be liable for possible shrinkage of the product. Fabric decanting is a moisture and heat treatment before sewing the product. This process is carried out to prevent shrinkage of the fabric, changes in shape and size after cleaning.

8.14. The degree of wear and tear of the products is determined by the Contractor on the basis of regulatory documents.

8.15. Products that have heavy dirt, complex stains that require pre-treatment are not accepted for urgent processing.

8.16. The Client is warned that the products submitted for cleaning are subject to operational wear and tear over time. Regardless of the quality and care of the product, it may undergo changes that affect its color, fabric structure and overall appearance. The Client is aware that prolonged use may result in damage, wear and tear, and defects that may be difficult or even impossible to correct by professional cleaning. Such changes may include loss of color vibrancy, pile alignment, broken or damaged fibers, fading, and other defects. The Client understands that these changes are normal results of use and aging of the product and cannot be considered as a defect or poor quality. The Contractor shall not be liable for such changes arising from the natural operating process.

8.17. In the absence of correct (inaccurate, incomplete) information (labeling) on cleaning methods, the Contractor shall disclaim all material and moral liability for the quality of cleaning, possible damage and loss of marketability of the product. Acceptance and cleaning of such products shall be carried out with the consent of the Client, using existing technologies, without claims to the quality and presentation of the product.

  1. 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. 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 not resolved in a complaint procedure, either Party shall have the right to apply for resolution of the dispute to the court at the location of the Contractor.

  1. Estimated (warranty) cost

10.1. The estimated (warranty) cost of the product according to the customer’s order is determined as follows: 15% of the price of the product, taking into account the payment document (fiscal check / sales receipt) confirming the date, cost of the purchased product, labeling, name of the seller and the buyer, as well as taking into account the wear and tear of the product. In the absence of such a payment document, the estimated (warranty) cost shall be 50% of the cost of the paid work under this order.

  1. Force majeure circumstances

11.1. The Parties shall be released from liability for non-fulfillment or improper fulfillment of the obligations under this Agreement if it arose as a result of force majeure.

11.2. In this Agreement, force majeure means any circumstances that have arisen beyond the will or contrary to the will or desire of the Parties and which cannot be foreseen or avoided, including: military actions, civil unrest, epidemics, blockade, earthquakes, floods, fires, as well as decisions or orders of public authorities and governments of the state where the Customer is a resident or the state where the Contractor is a resident, as a result of which additional obligations are imposed on the Parties (or one of the Parties) or additional restrictions are imposed and which make further full or partial performance of the Agreement impossible, as well as other actions or events that exist beyond the will of the Parties.

11.3. If the force majeure circumstances last for more than three consecutive months, each Party shall have the right to refuse further performance of its obligations under this Agreement and, in this case, neither Party shall be entitled to compensation for possible losses by the other Party.

  1. Final provisions

12.1. This Public Offer Agreement, under which the Contractor performs work in the interests of the Customer, is posted on the Contractor’s website http://rbrn.com.ua/ and in the Contractor’s branches.

12.2. The Parties undertake to ensure the protection of personal data in accordance with the Law of Ukraine “On Protection of Personal Data” dated June 1, 2010 No. 2297-VI, to ensure proper protection of personal data from unlawful processing, as well as from unlawful access to them, including taking the necessary measures to prevent the disclosure of 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 performance of their duties under this Agreement.

12.3. The Customer agrees to receive advertising messages from the Reborn service to the mobile phone number and e-mail address provided by the Customer to the Contractor. If the Customer wishes to refuse advertising messages, he/she shall send a request to the Contractor’s e-mail address rbrn.ua@gmail.com

12.4. The Customer agrees that the Contractor may use photos or videos taken with his product during the performance of work to advertise its Services.

12.5. The date of conclusion of this Agreement is the date of placing the Order. 12.6. The Contractor under this Agreement is:

Individual entrepreneur Anastasia S. Grankina.

Individual entrepreneur Valery S. Grankin

Individual entrepreneur Olga Konstantinovna Grankina

Address of the Contractor’s office: 13 Nyzhniy Val, Kyiv, 13

Contact phone number: +380688664811

*

1) Rules of household services approved by the Cabinet of Ministers of Ukraine No. 974 dated June 04, 1999;

2) Instruction on the provision of dry cleaning and painting (repainting) services, approved by Order of the Ukrainian Union of Associations, Enterprises and Organizations of Consumer Services of August 27, 2000, No. 20;

3) Instruction on the provision of laundry services, approved by Order of the Ukrainian Union of Associations, Enterprises and Organizations of Consumer Services of the Population No. 20 of August 27, 2000;

4) Industry standard of Ukraine “Clothing and household items after dry cleaning. General technical conditions” (GSTU 201-03-96);

5) Industry standard of Ukraine “Linen products processed in laundry. General technical conditions” (GSTU 201-04-96).