Public offer of the online store "The Poem Studio"«
This public offer (hereinafter referred to as the Offer, Agreement) of the online store the poem studio is an official offer by individual entrepreneur Virko S. Yu. to any individual with the legal capacity and necessary authority to enter into a contract for the sale and purchase of the Goods under the terms and conditions specified in this offer and contains all the essential terms of the contract.
I. LEGAL BASIS
1.1. The Offer has been developed in accordance with the Civil Code of the Republic of Belarus and other regulatory legal acts of the Republic of Belarus and regulates the sale of goods in the form of e-commerce presented in the Online Store.
1.2. Relations in the field of consumer protection are regulated by the Civil Code of the Republic of Belarus, the Law of the Republic of Belarus "On the Protection of Consumer Rights" dated 09.01.2002 No. 90-Z and other regulatory legal acts of the Republic of Belarus.
II. DEFINITION OF TERMS
2.1. In this Offer, unless the context otherwise requires, the following terms have the following meanings and are an integral part thereof:
Online store – The poem studio online store, located at the following address on the Internet https://thepoemstudio.com
Online store website – https://thepoemstudio.com
Owner of the online store, Seller - IP Virko S. Yu., UNP 291375768.
Buyer — any individual purchasing goods in the Online Store using information systems for end-use, who has accepted the public offer under the terms of this Offer.
The Product is the subject of a purchase and sale agreement concluded between the Buyer and the Seller. The Seller is the owner of the Product being sold. All relationships related to the purchase and sale of the Product arise between the Seller and the Buyer. The product range is listed on the online store website.
Personal Account — a personal section of the Online Store, not accessible to third parties, used for placing Orders and receiving special offers in accordance with this Offer, access to which is provided after registration by entering the Buyer's authentication data.
An order is the Buyer's actions aimed at concluding a contract of sale and purchase of the Goods with the Seller, and, if necessary, providing delivery services for the Goods and/or other services, by placing an order for the said services and Goods on the website of the Online Store.
III. GENERAL PROVISIONS
3.1. The text of the Agreement constitutes a public offer (in accordance with Article 407 of the Civil Code of the Republic of Belarus). Use of the Online Store (including registration in the Personal Account and/or placing an Order for Goods posted on the Online Store website and/or paying for the Goods) signifies the Buyer's agreement to all the terms of this Offer, which constitutes direct acceptance of the Agreement. The Agreement concluded based on the Buyer's acceptance of this Offer is an adhesion agreement, to which the Buyer accedes without any exceptions and/or reservations.
3.2. The online store provides the Buyer with the ability to search for Products and information about them, order Products, as well as other functional capabilities.
3.3. The Online Store Owner reserves the right to amend the Offer without notifying the Buyer. If changes are made to the current Offer, they will take effect 10 calendar days after the date of their official publication on the Online Store website.
3.4. The Offer is valid for an unlimited period, unless otherwise specified on the Online Store.
3.5. The Seller provides the Buyer with complete and accurate information about the Product, with all essential terms of the contract, including information about the main consumer properties of the Product, the place of manufacture, as well as information about the warranty period and shelf life of the Product, posted on the website of the Online Store.
3.6. All text information, graphic images, and services posted in the online store are the property of their legal owner. Illegal use of such information and images is punishable by law.
3.7. The Seller’s policy regarding the processing of personal data is located on the Internet at https://thepoemstudio.com/
IV. REGISTRATION AND USE OF THE ONLINE STORE
4.1. Both registered and unregistered Buyers can place an Order in the Online Store.
4.2. When registering with and/or using the Online Store, the Buyer provides the Seller with their registration data (including personal data), including, but not limited to: full name, telephone number, email address, delivery address (if necessary), and also provides the third party with the details of the electronic payment system (number, expiration date, CVV/CVC code), etc., when accessing the payment system page. By performing the above actions, the Buyer consents to the use of such personal data by the Seller and the third party for the purpose of fulfilling the Agreement. The procedure and conditions for the provision and use of personal data are defined in the Personal Data Processing Policy posted on the Online Store Website.
4.3. The Seller collects, records, systematizes, accumulates, stores, clarifies (updates, changes), extracts, uses, transfers (distributes, provides, accesses), depersonalizes, blocks, deletes, and destroys the Buyer's registration data (including personal data).
4.4. The Seller shall not be liable for the accuracy and correctness of the information provided by the Buyer during registration (use of the Online Store).
4.5. The Buyer, having registered in the Online Store, receives individual identification by entering an SMS containing an access code sent by the Trading Platform to the contact number specified in the Personal Account. Individual identification of the Buyer prevents unauthorized actions by third parties on the Buyer's behalf and provides access to additional services. Sharing the access code with third parties is prohibited.
4.6. The Buyer is responsible for all possible negative consequences in the event of disclosure of the access code and Personal Account credentials to third parties.
V. PLACING AN ORDER
5.1. The online store is intended for the sale of the Seller's Products, as well as delivery services for the said Products to Buyers.
5.2. Placing an Order in the Online Store signifies the Buyer's agreement with all material terms of sale of the Goods by the Seller and/or material terms of provision of delivery services for the Goods.
5.3. Delivery of the Goods purchased by the Buyer in the Online Store may be carried out in the following ways (applicable delivery methods for each Good are indicated in the information about the Goods):
— By the Seller’s own courier service to the address specified by the Buyer;
— By courier service engaged by the Seller, to the address specified by the Buyer;
— By mail to the address specified by the Buyer;
— Pick-up;
— Other delivery methods.
5.4. Settlements with the Buyer for the Goods purchased in the Online Store are carried out by the Seller on its own behalf.
5.5. The Buyer can review information about the seller of the Product when placing an Order.
5.6. Due to different technical characteristics of monitors, the color of the Product may differ from that visible to the Buyer on the website of the Online Store.
5.7. Before placing an Order, the Buyer undertakes to familiarize themselves with all terms and conditions for the purchase of Goods and delivery services.
5.8. The Online Store utilizes technical means that are not completely immune to failures and/or errors. Therefore, the conclusion of the purchase and sale agreement for each Product between the Seller and the Buyer occurs upon confirmation of the Order by the Seller's manager, of which the Seller notifies the Buyer. The Buyer further agrees that if, due to a technical and/or other error, the price or other specifications of the Product indicated on the Online Store website differ significantly from the standard prices and specifications of such products in circulation, and there is no reasonable basis to believe that selling the Product under such terms is feasible and economically advantageous for the Seller, the Seller reserves the right to reject the Buyer's Order (unilaterally terminate the contract) with the obligation to immediately take steps to refund the full amount paid by the Buyer and notify the Buyer of the Order rejection. Also, obvious errors, including typos, made in the description of the Product, delivery services, or other information on the website of the Online Store, are not legally binding.
5.9. The Buyer confirms his/her agreement that:
— registration data and/or personal data are provided by him voluntarily;
— registration data and/or personal data are transmitted in electronic form via open communication channels of the Internet;
— registration data and/or personal data are transferred to the Seller for the purposes specified in this Offer, and for the same purposes may be transferred to third parties;
— registration data and/or personal data may be used by the Seller for the purpose of promoting goods and services by establishing direct contacts with the Buyer through communication channels;
— registration data and/or personal data may be used by the Seller for the purpose of sending advertisements and information to the Buyer via telecommunication networks, including the Internet;
— for the purpose of additional protection against fraudulent activities, the registration data and/or personal data specified by the Buyer may be transferred to the bank that carries out transactions for payment of Orders placed on the Online Store;
— the Buyer's consent to the processing of their registration data (including personal data) is valid indefinitely and may be revoked by the Buyer or their legal representative. Consent to the processing of personal data may be revoked in the original form in which consent was given or in writing, including electronically.
5.11. By placing an Order, the Buyer confirms that:
a) has fully read the provisions of this Offer;
b) fully understands this Offer, as well as the subject and terms of the Agreement concluded with the Seller, as well as the agreement for the sale and purchase of Goods with the Seller through the Online Store;
c) fully understands the meaning and consequences of his actions in relation to the conclusion and execution of the Agreement concluded with the Seller, as well as the agreement for the sale and purchase of Goods with the Seller through the Online Store.
5.12. By placing an order in the Online Store, the Buyer agrees to receive:
a) emails/push notifications that the Seller may send to the Buyer;
b) messages (SMS, instant messengers) to the telephone number specified by the Buyer;
c) a call with an offer to evaluate the quality of the online store to the telephone number specified by the User.
5.13. The Seller has the right to block the Buyer's ability to complete an Order in the following cases (including, but not limited to): repeated cancellation of Orders placed by the Buyer without reasonable grounds, violation of this Offer by the Buyer, the Seller has doubts about the veracity of the Buyer's information provided, or the Buyer's intentions to purchase the Goods. In this case, the Seller exercises its right to unilaterally terminate the Agreement without explanation, but is obligated to immediately take steps to refund the full amount paid by the Buyer and notify the Buyer of the Order rejection.
VI. PRICE OF THE GOODS AND PAYMENT PROCEDURE
6.1. The price for each item of the Product is indicated on the website of the Online Store (subject to the reservations and restrictions provided for in the Agreement).
6.2. Ownership of the ordered Products passes to the Buyer upon the actual delivery of the Products to the Buyer and the latter's payment of the full price for the Products, as well as the delivery fee. The risk of accidental loss or damage passes to the Buyer upon the actual delivery of the Products to the Buyer.
6.3. Prices for the Goods and delivery services are determined by the Seller unilaterally and without dispute and are indicated on the website of the Online Store.
6.4. The Seller shall not be permitted to change the price of the Goods ordered and paid for by the Buyer (while preserving the Seller's rights to unilaterally refuse to perform the Agreement, as provided for by the Agreement and/or legislation).
6.6. The price of the product is indicated in the national currency of the Republic of Belarus. For Buyers located outside the Republic of Belarus, the price is converted at the exchange rate of the National Bank of the Republic of Belarus.
6.7. The final price of the Product is determined by applying discounts (if any) to the Price of the Product.
6.8. The offer to enter into a contract for a specific Product is valid for as long as the Product is in stock with the Seller. Due to the possibility of technical failures, illegal actions, and other circumstances, the presence of a Product description on the online store's website does not guarantee its availability. If orders for certain Products are accepted from Buyers with a prepayment of 100 %, and the Product is unavailable due to circumstances beyond the Seller's control, the Buyer will be offered one of the following options (conditions):
— Refund of the entire advance payment amount;
— New offer with new terms (conditions) of delivery;
— Selection of a different range of Goods from those in stock with an additional payment or a partial refund based on the amount previously paid by the Buyer as an advance payment.
6.9. The Buyer, when placing an Order in the Online Store, is given the opportunity to select a payment option in accordance with the methods provided by the Seller.
6.10. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller (the person authorized by the Seller) receives the funds.
VII. RIGHTS AND RESPONSIBILITIES OF THE PARTIES
7.1. The Seller undertakes to:
7.1.1. Process the Buyer's personal data in accordance with the procedure established by current legislation regarding the organization of processing and ensuring the security of personal data.
7.1.2. Provide the Buyer with the opportunity to receive telephone consultations at the phone numbers listed on the Online Store website. The scope of consultations is limited to specific questions related to Order fulfillment and Product specifications.
7.1.3. From the moment of conclusion of the Agreement, ensure full fulfillment of all obligations to the Buyer in accordance with the terms of the Agreement and current legislation.
7.2. The seller has the right:
7.2.1. Unilaterally change the price of any Product, the methods, terms, and cost of delivery of the Product, or other terms and conditions for purchasing the Product. In this case, the new (amended) terms and conditions shall take effect from the date of posting on the Online Store website and shall be deemed to have been communicated to the Buyer from the moment of such publication.
7.2.2. Record telephone conversations with the Buyer. The Seller undertakes to: prevent unauthorized access to information and/or its transfer to persons not directly involved in the execution of Orders, and promptly detect and prevent such incidents.
7.2.3. Transfer your rights and obligations to fulfill obligations to the Buyer to third parties without the consent of the Buyer.
7.2.4. Unilaterally cancel an Order with a non-cash payment method in the event of non-receipt of payment.
7.2.5. Use cookie technology. Cookies do not contain confidential information and are not transferred to third parties.
7.2.6. Unilaterally refuse to fulfill obligations under the Agreement in the event of force majeure.
7.2.7. Send the Buyer promotional and informational messages via email, instant messaging, chats, and SMS messages containing information about discounts, promotions, new arrivals, etc. The frequency of such messages is determined by the Seller unilaterally and independently.
7.2.8. Unilaterally cancel the Buyer's Order in cases stipulated by the Agreement.
7.2.9. Change the terms of the Promotions posted on the website of the Online Store unilaterally without the consent of the Buyer, by posting such changes on the website of the Online Store.
7.2.10. Revoke this Offer at any time. Revocation does not constitute grounds for the Seller to waive its obligations under existing contracts for the sale and purchase of the Goods.
7.3. The Buyer undertakes to:
7.3.1. Before concluding the Agreement, familiarize yourself with the content and terms of this Offer, the prices for the Goods offered in the Online Store, as well as the procedure and conditions for the provision of the Goods delivery service by the Seller.
7.3.2. When registering (Ordering), provide all necessary information that clearly identifies the Buyer and is sufficient for the Seller to fulfill its obligations under the Agreement.
7.3.3. Pay for the ordered Goods and their delivery in accordance with this Offer and the terms of the Order.
7.3.4. Do not use the Product ordered from the Online Store for commercial purposes.
7.4. The Buyer has the right:
7.4.1. Unsubscribe from receiving emails and SMS messages by clicking on the corresponding link in the received message or in your Personal Account.
7.4.2. Reject the Product. In this case, the Seller must refund the amount paid for the Product no later than 30 days from the date of return. The refund covers the amount paid by the Buyer, excluding the cost of returning the product to the Seller.
7.4.3. Return the purchased item to the Seller within 14 (fourteen) days from the date of purchase and receive a refund minus the shipping cost. This does not apply to custom-made items (items manufactured to the Buyer's order).
VIII. DELIVERY AND RETURN OF GOODS
8.1. The Seller provides the Buyer with delivery services for the Goods by one of the methods specified on the website of the Online Store.
8.2. If the contract for the sale and purchase of the Goods by remote means is concluded with the condition of delivery of the Goods to the Buyer, the Seller is obliged to deliver the Goods to the place expressly specified by the Buyer within the time period specified in the Contract, if such delivery is feasible (the delivery territory is specified by the Seller on the website of the Online Store).
8.3. The Buyer specifies the place of delivery of the Goods when placing an Order for the purchase of the Goods.
8.4. The delivery period for the Goods to the Buyer consists of the order processing period and the delivery period.
8.5. The Seller shall indicate the cost of delivery of the Goods on the website of the Online Store or shall notify the Buyer when placing an order with the Operator.
8.6. When delivering the Product to the address specified by the Buyer or for in-store pickup, the Buyer must, in the presence of the Seller's representative handling the delivery, open the packaging and inspect the Product for integrity, the absence of any visible defects, and the correct contents. If the Buyer discovers a breach of integrity, a manufacturing defect, or other visually identifiable defects, including a discrepancy between the delivered product and the order, the Buyer must notify the Seller of the discovered defect. Upon receipt of the Order, failure to perform the above actions will not result in any claims regarding the quantity, completeness, or appearance of the Product.
8.7. Return of Goods of proper quality:
8.7.1. The buyer has the right, within 14 (fourteen) days from the date of purchase, to exchange a non-food product of proper quality for a similar product from the seller where it was purchased, or, if the product is not available, to receive a monetary refund. The buyer's request for a refund is subject to satisfaction in the following cases:
- if the product has not been used;
— its presentation, consumer properties, seals, and labels are preserved;
— the Buyer has confirmation of purchase of the specified product in the online store;
8.7.2. Goods of proper quality purchased to order (which were manufactured to the Buyer's order, as reflected in the Product card when placing the order) are not subject to return.
8.7.3. To return a Product of proper quality to the Seller, the Buyer shall take the necessary steps, the procedure for which is specified on the website of the Online Store.
8.8. A consumer who has been sold a defective product, if the defects are discovered during the warranty period or the product's shelf life, or within two years for products for which no expiration date is specified, has the right to demand:
— free elimination of defects in the product or reimbursement of expenses for correcting defects by the consumer or a third party;
— a proportionate reduction in the purchase price;
Consumer claims are considered upon presentation of a cash register receipt or sales receipt.
8.8.1. The procedure for returning goods of inadequate quality is carried out as follows:
— By submitting an application for the return of the Goods, which must indicate what specific defect the goods returned by the Buyer contain;
— After the application is accepted, the Product is sent for inspection to the technical service, which is authorized to carry out a technical inspection of the Product to determine the causes of the Product’s defects;
— Based on the results of the inspection, the authorized technical service draws up a conclusion on the causes of the defects of the Product.
— If the defects in the Product are due to a manufacturing defect, the Product is subject to return to the Seller, replacement, and if technical correction of the defects is possible, the Product is subject to correction of the defects free of charge.
8.8.2. Timeframes for replacing defective goods (eliminating defects in the Goods, returning the Goods):
— Within 14 days if the goods are in stock or during the production period of the new goods.
IX. FORCE MAJEURE
9.1. The Seller shall be released from liability for any failure, in whole or in part, to fulfill its obligations under these Rules if such failure was caused by force majeure circumstances arising after the Buyer's acceptance of these Rules. "Force Majeure Circumstances" means extraordinary events or circumstances that could not have been foreseen or prevented by available means. Such extraordinary events or circumstances include, but are not limited to: strikes, floods, fires, earthquakes and other natural disasters, wars, military actions, actions of foreign government agencies, and any other circumstances beyond reasonable control.