Public offer

PUBLIC OFFER AGREEMENT

Revision of May 13, 2025
Place of conclusion of the Agreement: Kharkiv, Ukraine

This Public Offer Agreement (the Agreement) is an official offer of the Seller to conclude a contract for the sale and purchase of the Goods presented on the Site with any interested party on the terms and conditions entered into.

1. TERMS AND DEFINITIONS

Unless otherwise expressly provided for in this Agreement, the above terms are used in the following meaning:

1.1. Acceptance – acceptance by a person of an offer to conclude the Agreement by clicking on the “Order Confirmation” button on the Seller’s Website or placing an order using the means of communication and information resources specified on the Website, subject to the approval by the Seller of the relevant order using the means of communication and information resources specified on the Website. Making payments for the Goods is considered to be a confirmation of the person’s acceptance of the offer to conclude the Agreement.
1.2. Public Offer Agreement (Agreement) is a public agreement, the terms of which according to Articles 633, 641 of the Civil Code of Ukraine are the same for all Buyers, and provides for the conclusion of a contract for the sale and purchase of Goods presented on the Website with any interested party on the terms and conditions included in this Agreement.
1.3. Offer – a public offer of the Seller to conclude this Agreement on the terms specified therein, which is addressed to an unlimited number of persons.
1.4. Buyer – any natural person who has accepted the public Offer.
1.5. The Seller – the administration of the Website and the sale of the Goods presented on it are carried out by: INDIVIDUAL ENTREPRENEUR TIMCHENKO IRYNA EDUARDIVNA (number and date of the order on state registration of an individual entrepreneur: 2 480 000 0000 228905 dated 05.06.2019, (Taxpayer identification Number) (RNOKPP 3329215263); INDIVIDUAL ENTREPRENEUR TIMCHENKO OLEKSANDR SERHIIOVYCH (number of the date of the ZAPSU on the state registration of an individual entrepreneur: 2 480000 0000 173315 dated 21.05.2015,Taxpayer identification Number)(RNOKPP 3196205673); INDIVIDUAL ENTREPRENEUR CHERKASOVA OKSANA OLEKSANDRIVNA (number and date of the registration of the state registration of an individual entrepreneur: 2 010 350 0000 00638422 dated 09.09.2024 (Taxpayer identification Number)(RNOKPP3331302663).
1.6. Site – a web resource https://barvalab.com, which provides an opportunity to get acquainted with the Product, its external appearance, technical characteristics, etc., as well as to place an appropriate order. The “Contact” section of the Website contains means of communication and information resources for contacting the Seller regarding orders or any other information related to orders.
1.7. Parties – the combined name of the Seller and the Buyer.
1.8. Product (Goods) – text products with copyright prints and other products, information about which is posted on the Website.

2. GENERAL PROVISIONS

2.1. This Agreement is public in accordance with Art. 633, 641 of the Civil Code of Ukraine, and therefore the conditions are the same for all Buyers, regardless of their legal status.
2.2. The Agreement is considered to be concluded from the moment the Buyer clicks the “Confirm Order” buttons on the Seller’s Website or places an order using the means of communication and information resources specified on the Website, provided that the Seller agrees on the relevant order using the means of communication and information resources specified on the Website. Making payments for the Goods is considered to be a confirmation of the person’s acceptance of the offer to conclude the Agreement.
2.3. The Agreement concluded by acceptance of this Offer by the Buyer is an accession agreement within the meaning of Article 634 of the Civil Code of Ukraine, to which the Buyer joins without any reservations or inclusions.
2.4. The Seller has the right to make changes to the terms of this Agreement, as well as to the materials and information posted on the Website. The Seller is not responsible for the irrelevance of the information on the Site or for any losses that occur as a result of use, inability to use or consequences of the use of the Site.

3.  SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes to prepare and/or transfer the Goods to the Buyer according to the order placed through the Seller’s Website or using the means of communication and information resources specified on the Website, subject to the approval by the Seller of the relevant order using the means of communication and information resources specified on the Website, and the Buyer undertakes to pay the cost of the Goods and accept it in accordance with the terms of this Agreement.
3.2. Most of the Products presented on the Website are prepared inclusively by order of the Buyer and have an individual nature (individual orders). Individualization may include, in particular, but is not limited to: selection of size according to personal measurements, selection of tpu fabrics, colors, styles, lengths, finishing elements, combinations of prints, configuration of clothes, etc.

4. ORDER PROCEDURE

4.1.The order and its approval can be carried out through the Seller’s Website or using the means of communication and information resources specified on the Website.
4.2. When placing an order, the Buyer undertakes to take into account the following:
4.2.1. The Buyer is fully responsible for the accuracy, completeness, relevance and correctness of the information provided to the Seller when placing an order, including, but not included, contact details (name and surname, phone number, delivery address, e-mail), as well as information related to the parameters of the order (height, size, prnt, color, quantity, model, etc.);
4.2.2. In case the Buyer provides incomplete, inaccurate or erroneous information, the Seller is not responsible for the impossibility of fulfilling obligations under this Agreement, in particular, for late or incorrect delivery, inability to communicate with the Buyer and the transfer of the Goods to an improper person;
4.2.3. The Buyer is solely responsible for the correctness of the selected size of the Goods. The seller is not obliged to check the compliance of the selected the size of the Buyer’s parameters;
4.2.4. The Buyer acknowledges and agrees that the Goods may not correspond to his/her individual physiological parameters (height, physique, features of figures, etc.), even if the ordered size is correct in accordance with the generally accepted size grid. In connection with the CM, the Seller is not responsible for the “non-landing” of the work;
4.2.5. The Seller does not guarantee that the Goods meet the individual expectations or preferences of the Buyer, in particular with regard to the color or sensations of the use of the Goods;
4.2.6. The Buyer is familiar with the fact that the display of colors on the screen of the device of the Buyer may differ from the actual color of the device due to individual screen settings, lighting, photo quality, etc. Such differences are not considered defects of the Goods, and are not grounds for recognizing the Goods as not meeting the terms of the Agreement or being of poor quality;
4.2.7. The Buyer agrees that minor deviations in the dimensions of the finished product (up to 2 cm in the larger or smaller side) are permissible from a technological point of view. Such deviations are not grounds for recognizing the Goods as not compliant with the terms of the Agreement or are of poor quality;
4.2.8. Individual orders are prepared uniquely for a specific Buyer, which makes it impossible for them to be further used by other persons, therefore such Goods are not subject to exchange or return, except for certain cases provided for by the legislation of Ukraine and the Central Agreement;
4.2.9. The Buyer placing the order confirms that he is fully familiar with the terms of this Agreement, understands them and unconditionally accepts them. In case of disagreement with any provision of the Agreement, the Buyer undertakes to refrain from placing an order.
4.3. The order is considered to be duly placed if the Buyer fills in the field of the form posted on the Website, which allows the Buyer to identify and contact him, or provided the necessary information using the means of communication and information resources specified on the Website.

5. PRICE OF GOODS AND THE PROCEDURE FOR CALCULATIONS

5.1. Prices for the Goods are set by the Seller independently and are indicated on the Website in the national currency of Ukraine – hryvnia.
5.2. The prices for the Goods may be changed by the Seller unilaterally, depending on the conjunctures of the RNC, however, the price of a separate unit of the Goods paid by the Buyer cannot be changed by the Seller unilaterally.
5.3. The prices for the Goods indicated on the Website do not include the cost of delivery of the Goods to the Buyer.The cost of delivery of the Goods is paid by the Buyer in accordance with the current tariffs of delivery (transportation) services directly to the selected delivery service (transportation).
5.4. After placing an order for the Goods, the Buyer is obliged to make an advance payment in the amount of UAH 200 (two hundred hryvnias 00 kopecks), which will take into account the total cost of the Goods at the final settlement (when placing an order on the terms of cash on delivery), or make full payment – at his own discretion, taking into account the provisions of clause 6.4. Contract.
5.5. Individual orders are accepted only if the Buyer makes prepayments in the amount of 50% of the order value or full payment – at the Buyer’s own choice, taking into account the provisions of clause 6.4. Contract.
5.6. The Buyer’s obligations to pay for the Goods are considered to be completed from the moment of receipt of funds to the Seller’s bank account.
5.7. The Buyer’s failure to fulfill its obligations to pay for the ordered Goods is considered to be its unilateral withdrawal from this Agreement in full, which entails the fulfillment of all obligations of the Seller, which are included as a result of the Buyer’s acceptance of the offer to conclude this Agreement.
5.8. All settlements under this Agreement are made in the national currency of Ukraine – hryvnia, by transferring funds to the Seller’s bank account.
5.9. In case of placing an order on the terms of cash on delivery by the delivery service “NovaPoshta”, the cost of the “Cash on delivery” services is 20 UAH (twenty hryvnias 00 kopecks) and 2% of the cost of the Goods, paid by the Buyer upon receipt of the Goods by the delivery service “Nova Poshta”.

6. PRODUCTION AND DELIVERY

6.1. The term for the preparation of an individual order is from 10 (ten) to 15 (fifteen) business days from the date of making prepayments or full payment of the cost of the Goods in accordance with clause 5.5. of the Agreement, and taking into account clause 6.4. Contract.
6.2. The Seller transfers the Goods to the delivery (transportation) service within 2 (two) business days from the date of payment for the Goods in accordance with clause 5.4. of the Agreement or from the moment of preparation of an individual order, subject to the Buyer’s payment for the Goods in accordance with clause 5.5. of the Agreement, and taking into account clause 6.4. Contract.
6.3. Delivery in Ukraine is carried out by the delivery service “Nova Poshta” to the branch, by parcel locker or courier – at the rates of transportation, paid by the Buyer for the delivery of the Goods.
6.4. Delivery outside Ukraine is carried out after full payment of the cost of the Goods and the cost of delivery to the delivery services “Nova Poshta” or “Ukrposhta”, depending on the country of delivery, to the branch, to the parcel locker or by courier – at the rates of delivery services.
6.5. By agreement with the Seller, the Parties may agree on the delivery of the Goods by means of other delivery services (transportation).
6.6. Delivery of the Goods shall be carried out by the Seller in the manner and to the place specified by the Buyer in the relevant order for the Goods.
6.7. After the transfer of the Goods to the delivery (transportation) service, the delivery (transportation) service is responsible for its safety.
6.8. Accidental damage, loss or damage of the ordered Goods shall be transferred to the Buyer from the moment of delivery (delivery) of this Goods to the Buyer or the recipient of the Goods.
6.9. Upon receipt of the Goods, the Buyer or the recipient of the Goods shall be fully represented by the delivery (transportation) services to check the compliance of the Goods with qualitative and quantitative characteristics, assortment.
6.10. This Agreement shall be deemed to be completed at the time of delivery (delivery) to the Buyer or recipient of the Goods of the complete Goods of proper quality ordered by the Buyer, which fully corresponds to the order placed by the Buyer for these Goods.

7.EXCHANGE AND RETURN

7.1. The Buyer has the right, within the period and under the conditions established by the legislation of Ukraine, to exchange or return the Goods of proper quality, with taking into account the following:
7.1.1. absence of traces of operation;
7.1.2. preservation of commodity appearance and consumer properties;
7.1.3. Availability of original and intact packaging and labels.
7.2. In case of exchange or return of the Goods in accordance with clause 7.1. of the Agreement, the Buyer pays the cost of delivery in accordance with the current tariffs of delivery services (carriers) directly to the selected delivery service (transportation).
7.3. The Buyer has the right to exchange (replace) or return the Goods of improper quality within the period and under the conditions established by the legislation of Ukraine, taking into account the following:
7.3.1. defect of the VNCL not from the Buyer (i.e. not due to improper carrying, washing, ironing, etc.);
7.3.2. Preservation of commodity sight and consumer properties.
7.4. In case of exchange (replacement) or return of the Goods in accordance with clause 7.3. of the Agreement, the Seller pays the cost of deliveries in accordance with the current tariffs of delivery services (transportation) directly to the selected delivery service (transportation).
7.5. Terms of exchange (substitution) of the Goods:
7.5.1. The Buyer shall fully contact the Seller using the means of communication and information resources specified on the Website to agree on the details of the exchange (replacement) of the Goods;
7.5.2. Delivery of the return of the Goods for exchange (replacement) is carried out by the Buyer in the manner and place specified by the Seller when agreeing on the details of the exchange (replacement) of the Goods;
7.5.3. The Buyer orders the Goods for exchange (replacement) using the means of communication and information resources specified on the Website;
7.5.4. The Seller shall transfer the ordered Goods for exchange (replacement) to the delivery (transportation) service within 2 (two) business days after receipt of the Goods to be exchanged (replaced) from the Buyer, or from the moment of making an individual order, in the manner and to the place specified by the Buyer in agreeing on the details of the exchange (replacement) of the Goods.
7.6. Terms of return of the Goods:
7.6.1. The Buyer shall fully contact the Seller by means of communication and information resources specified on the Website to agree on the details of the return of the Goods;
7.6.2. Delivery of the Goods is carried out by the Buyer in the manner and to the place specified by the Seller when agreeing on the details of the return of the Goods;
7.6.3. Refunds of payments for the relevant Goods paid by the Buyer shall be made to his bank account within 5 (five) business days from the date of receipt of the Goods to be returned from the Buyer.
7.7. Goods prepared according to an individual order, corresponding to the Buyer’s order and of proper quality, are not subject to exchange or return, unless otherwise provided by the current legislation of Ukraine and this Agreement.
7.8. Exchange or return of Goods prepared according to an individual order, corresponding to the Buyer’s order and proper quality, may be inclusive by the decision of the Seller at its sole discretion, without obligation to provide justification for refusal. Such a decision is made individually, on the basis of the Buyer’s request, under the following conditions:
7.8.1. no traces of operation;
7.8.2. preservation of commodity vision and consumption properties;
7.8.3. Availability of original and intact packages and labels.
7.9. Requests for the exchange or return of Goods in accordance with clause 7.8. of the Agreement must be submitted no later than 24 (twenty-four) hours from the date of receipt of the Goods, and taking into account clauses 7.5.-7.6. Contract.
7.10. In case of non-compliance with the conditions established by this section, the Seller has the right to refuse to satisfy the Buyer’s request for the exchange or return of the Goods.

8.  LIABILITY OF THE PARTIES AND CONSIDERATION OF DISPUTES

8.1. In the event of non-fulfillment or improper fulfillment of obligations under the Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine and this Agreement.
8.2. The Seller shall not be liable for non-fulfillment or improper fulfillment of obligations in cases that occurred with the Buyer, including as a result of the Buyer’s failure to comply with the conditions provided for in clause 4.2. Contract.
8.3. The Buyer’s unilateral refusal from the ordered Goods on grounds not provided for by the legislation of Ukraine and this Agreement is considered to be the Buyer’s unilateral refusal to perform this Agreement in full. In this case, the Seller’s obligations under this Agreement are terminated, with the understanding of the obligation to return the money paid to the Buyer, taking into account the losses for the delivery of the Goods and other actual losses associated with the execution of the order.
8.4. In case of unilateral withdrawal of the Buyer from the Agreement, the Buyer shall pay the Seller a penalty (fine) in the amount of prepayments made in accordance with clauses 5.4.-5.5. of this Agreement. The specified amount is withheld by the Seller as compensation for violation of the obligation by the Buyer.
8.5. All disputes, disagreements and disputes arising under the Agreement or in connection with the Agreement shall be resolved through negotiations. In case of impossibility to resolve disputes through negotiations, they are resolved by the competent court of Ukraine in accordance with the normative substantive and procedural law of Ukraine.

9. FORCE MAJEURE

9.1.The Party shall not be liable for non-compliance or improper fulfillment of obligations under this Agreement in the event of force majeure. Such circumstances of the Parties include: events of an extraordinary nature that the Party could not foresee or prevent reasonable measures, flood, fire, earthquake, explosion, other events, as well as war or hostilities, conducting an anti-terrorist operation, strike in an industry or region, embargoes, accidents, mass computer viruses, adoption by a state authority and local self-government of a decision that makes it impossible to comply with the terms of this Treaty.
9.2. The Party that fails to fulfill its obligations due to force majeure circumstances shall notify the other Party without delay within 2 (two) business days of the obstacle and its impact on the ability of the Parties to fulfill their obligations under the Agreement.
The term of fulfillment of obligations under this Agreement shall be automatically extended for the duration of the specified circumstances, provided that the Party has notified the other Party of their occurrence without delay of 2 (two) business days.
9.3. If force majeure circumstances continue to operate for more than 30 (thirty) calendar days from the date of their entry, either of the Parties shall have the right to unilaterally terminate this Agreement by notifying the other Party thereof.

10.  TERM OF THE AGREEMENT AND THE PROCEDURE FOR TERMINATION

10.1.This Agreement shall come into force from the moment of Acceptance by the Buyer of the offer to conclude this Agreement and shall be valid until the Parties fully fulfill their obligations under this Agreement.
10.2.The Parties have the right to terminate this Agreement in the manner provided for by the legislation of Ukraine, as well as taking into account the provisions established by the Central Agreement.
10.3.Failure by the Buyer to fulfill obligations to pay for the ordered Goods is considered to be his unilateral withdrawal from this Agreement in full, which entails its termination.

11. OTHER CONDITIONS

11.1. All legal relations arising from this Agreement or related to it, in particular those relating to its validity, conclusion, execution, amendment, interpretation, as well as interpretation of its provisions, indication of the legal consequences of the invalidity of certain stipulations of violation of obligations under the Agreement, shall be governed by the provisions of the current legislation of Ukraine and this Agreement.
11.2. Acceptance by the Buyer of the offer to conclude the Agreement (Acceptance) confirms his consent to the processing of his personal data, including: their collection, storage, storage, updating, modification, rooting and other actions provided for by the Law of Ukraine “On the Protection of Personal Data”, including for the purpose of proper fulfillment by the Seller of its obligations under this Agreement.
11.3. If any of the provisions of this Agreement is found to be invalid, null and void or void by the decision of the competent authority or in accordance with the current legislation of Ukraine, this shall not affect the validity, validity and obligation to comply with other provisions of this Agreement. Such provisions shall be considered severable, and the Agreement as a whole shall remain unseverable, unless otherwise follows from the essence of the legal relationship.