PUBLIC OFFER AGREEMENT
(USER AGREEMENT) FOR THE SALE OF GOODS AND SUBSCRIPTION SERVICES
This Agreement constitutes an official and public offer by Individual Entrepreneur Anastasiia Olehivna Sydorenko (hereinafter — the "Seller") addressed to an unlimited group of persons to enter into an agreement for the purchase and sale of goods and the arrangement of a subscription through the Seller's website (hereinafter — the "Agreement"), in accordance with the Civil Code of Ukraine, the Law of Ukraine "On Electronic Commerce," and other applicable legislation of Ukraine.
1. GENERAL PROVISIONS AND DEFINITIONS
1.1. The Seller is Individual Entrepreneur Anastasiia Olehivna Sydorenko (Taxpayer Identification Number: 3581003744, country of registration – Ukraine).
1.2. The Buyer is any legally capable individual or business entity who has accepted the terms of this Offer in accordance with the applicable legislation of Ukraine.
1.3. The Goods means new audiovisual works on vinyl records (gramophone records) presented in the catalog of the Online Store.
1.4. Subscription means a distance-selling arrangement under which the Buyer makes a single advance payment for a chosen Subscription term (1, 3, 6 and 12 calendar months) and subsequently receives a monthly shipment of a vinyl record of the chosen music genre for the duration of the paid term. The Subscription does not involve recurring (automatic) charges.
1.5. Acceptance means the full, unconditional, and unreserved acceptance by the Buyer of the terms of this Offer by placing an Order on the Website (by clicking a link such as "Subscribe," "Place Order," or "Confirm") and/or by making 100% payment for the Goods or the chosen Subscription term.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. This Agreement governs the relationship between the Seller and the Buyer arising in connection with the purchase of Goods through the Website, as well as the arrangement and use of a Subscription, if one has been arranged by the Buyer.
2.2. The Seller undertakes to transfer the Goods to the Buyer, and, if a Subscription has been arranged, to deliver the Goods throughout the paid term in accordance with the terms of this Agreement, while the Buyer undertakes to pay for and accept the Goods.
2.3. All Goods presented on the Website are new and are supplied in original factory packaging, unless otherwise expressly stated in the product description.
2.4. Images of the Goods posted on the Website are for informational and illustrative purposes only. The actual appearance of the Goods, including the shade of the cover, the color of the vinyl record, the presence of factory stickers, and features of the printing or packaging, may differ slightly from the image shown on the Website and shall not be considered a defect in the Goods.
3. PLACING AN ORDER
3.1. The Buyer may place either a one-time Order for Goods or a Subscription for a chosen term (1, 3, 6, or 12 months) in accordance with the terms of Section 5 of this Agreement.
3.2. An Order is placed by completing the relevant form on the Website and is confirmed by the Buyer through Acceptance of this Agreement.
3.3. The Buyer is obliged to provide accurate personal, contact, and payment information necessary for the proper fulfillment of the Order.
3.4. The Seller has the right to refuse to fulfill an Order in the event of: unavailability of the Goods; a technical error; inability to contact the Buyer; provision of inaccurate information; suspicion of fraudulent or unlawful activity; or other cases provided for by law.
4. PURCHASE OF GOODS
4.1. The price of each item of Goods is indicated on the Website. The Seller has the right to unilaterally change the prices of Goods until the Order has been placed and paid for.
4.2. Technical price-error disclaimer. If an obviously erroneous price for the Goods is discovered as a result of a technical failure, software error, or malfunction of the Website (including, but not limited to: a displayed price of zero, a price of UAH 1.00, or a price that is obviously inconsistent with the average market value of similar goods), such price shall not create any obligation for the Seller to sell the Goods at that price.
4.3. In the event of the circumstances described in Clause 4.2 of this Agreement, the Seller has the right to unilaterally cancel the relevant Order or to contact the Buyer in order to agree on the purchase of the Goods at the correct price. If the Order is canceled, the Seller undertakes to refund any funds already paid by the Buyer in full within 7 (seven) business days.
4.4. The Seller may not change the price of Goods that have been properly ordered and fully paid for by the Buyer.
4.5. Payments under this Agreement are made through payment systems integrated into the Website, by bank transfer to the Seller's account details (IBAN), or by other means provided on the Website.
4.6. Restriction in the event of systematic failure to collect parcels (2+ times). If the Buyer, twice (2) or more times, without valid reasons and without prior notice to the Seller, fails to collect previously placed and shipped cash-on-delivery orders from the carrier's branch, the Seller has the right to unilaterally block the Buyer's ability to place cash-on-delivery orders. All subsequent orders from such a Buyer will be processed and shipped exclusively on a 100% advance-payment basis.
4.7. If an Order is not paid for within the period specified by the terms of the chosen payment method, the Seller has the right to cancel such Order without further notice to the Buyer.
4.8. If, after an Order has been placed, it is determined for reasons beyond the Seller's control that the Goods are unavailable in stock, damaged, or cannot be supplied by the supplier, the Seller has the right to: offer similar Goods; agree on alternative Goods; or refund the funds paid by the Buyer.
5. SUBSCRIPTION
5.1. General Subscription Terms
5.1.1. The Seller offers the Buyer the option to arrange a Subscription for one of the following terms (at the Buyer's choice): 1 (one) calendar month; 3 (three) calendar months; 6 (six) calendar months; 12 (twelve) calendar months.
5.1.2. Within the framework of the arranged Subscription, the Buyer selects a preferred music genre, and the Seller, on a monthly basis throughout the paid Subscription term, selects and ships to the Buyer 1 (one) vinyl record chosen by the Seller in accordance with the genre selected by the Buyer.
5.2. Subscription Payment Procedure
5.2.1. Payment for the Subscription is made by the Buyer in a single, full amount at the time the relevant Order is placed — covering the entire chosen Subscription term (1, 3, 6, or 12 months) at once.
5.2.2. This Agreement does not provide for recurring (automatic, regular) charges to the Buyer's bank card or account. The Seller does not carry out any further automatic charges after the Buyer has paid for the chosen Subscription term.
5.2.3. Upon expiration of the paid Subscription term, the Subscription automatically terminates, with no further charge of funds. To continue receiving vinyl records, the Buyer must independently place a new Order (a new Subscription) on the Website for a chosen term, at the prices in effect at the time such new Order is placed.
5.2.4. The Seller does not store full bank card details of Buyers. Payment processing is carried out by the payment provider in accordance with its rules and the requirements of Ukrainian law.
5.2.5. Shipment of Goods under the Subscription is made once during each calendar month of the paid Subscription term, in accordance with the Seller's internal schedule. Delivery times may be extended during periods of increased carrier load, holidays, or logistical delays.
5.3. Selection of Goods under the Subscription
5.3.1. The vinyl record is selected by the Seller based on the information provided by the Buyer when arranging the Subscription, in particular regarding musical preferences and the chosen genre. If the Buyer has not completed the questionnaire, has provided incomplete information, or the information provided is insufficient for an individualized selection, the Seller will select the Goods at its own discretion in accordance with the chosen genre.
5.3.2. The Buyer acknowledges and agrees that the Subscription involves an individualized selection of Goods by the Seller. The specific artist, album, edition, year of release, country of manufacture, color of the vinyl record, publisher, and other characteristics of the Goods are not agreed with the Buyer in advance, unless otherwise expressly provided by the terms of the relevant Subscription.
5.3.3. If the Goods selected by the Seller for shipment under the Subscription are unavailable, or their production or supply is discontinued, the Seller has the right to replace them with other Goods of the same music genre and of no lesser value, without prior agreement with the Buyer.
5.3.4. Within the paid Subscription term, the Buyer agrees that the same vinyl record will not be sent again, unless otherwise stipulated by the features of the relevant plan or unless a repeat shipment is made at the Buyer's request.
5.3.5. The Buyer agrees that the selection of a specific vinyl record is made by the Seller in accordance with the terms of the Subscription; therefore, the Buyer's disagreement with the creative or musical content of a received record is not grounds for return or exchange of Goods of proper quality.
5.3.6. The Seller has the right to change the date of the monthly shipment of Goods within the relevant calendar month of the paid Subscription term in the event of logistical delays, unavailability of specific items from suppliers, force majeure, or other objective reasons, having notified the Buyer in advance in the event of a significant change to the timeline.
5.3.7. If the Buyer has separately purchased a vinyl record that is subsequently selected for shipment under the Subscription, such a coincidence shall not in itself be considered a breach of this Agreement. In such a case, the provisions of Clause 5.3.8 of this Agreement regarding the possibility of exchanging the record shall apply.
5.3.8. If, after receiving a record under the Subscription, the Buyer discovers that such a record is already present in their personal collection, the Seller will exchange it for another record, provided that:
- the Buyer contacts the Seller within 14 (fourteen) calendar days of receiving the record;
- the record has not been used; and
- the factory packaging (if any), commercial appearance, and consumer properties are preserved, with no mechanical damage.
The exchange is made for a record determined by the Seller taking into account the Buyer's musical preferences and available inventory. To carry out the exchange, the Buyer shall send the record to the Seller independently and at their own expense. After receiving and inspecting the condition of the record in accordance with the terms of this Agreement, the Seller will ship another record at its own expense.
5.4. Early Cancellation of the Subscription and Refunds
5.4.1. Since payment for the Subscription is made as a single payment for the entire chosen term, no automatic (recurring) charges are made.
5.4.2. The Buyer has the right, at any time before the end of the Subscription term, to opt out of receiving further vinyl records by notifying the Seller in writing to the Seller's email address.
5.4.3. The price of a Subscription for a term of 3 (three), 6 (six), or 12 (twelve) months may include a discount compared to the price of a 1 (one)-month Subscription. In the event of early cancellation of the Subscription by the Buyer, such discount shall not apply to records already shipped.
5.4.4. In the event of early cancellation of the Subscription by the Buyer after its performance has begun, the Seller will recalculate the value of the records already shipped based on the price of a 1 (one)-month Subscription in effect on the date the Order was placed, excluding any temporary marketing promotions, unless otherwise expressly stated in the terms of the promotion. The amount to be refunded is the difference between the amount paid by the Buyer for the Subscription and the value of the records already shipped, as determined by such recalculation.
5.4.5. For the purposes of this Agreement, a record is deemed shipped from the moment it is handed over to the carrier for delivery to the Buyer.
5.4.6. Refunds are made within 7 (seven) business days of receipt of the Buyer's corresponding request, using the same method by which payment was made, unless otherwise agreed by the Parties.
6. DELIVERY
6.1. Delivery of goods within the territory of Ukraine is carried out via the "Nova Poshta" carrier or other carriers. Paid goods or goods under a Subscription are shipped within 5–7 business days (for one-time orders) or in accordance with the shipping schedule (for Subscriptions).
6.2. International delivery is carried out by postal operators at the Buyer's expense, at the rates of the relevant service. Any customs payments, taxes, and other mandatory fees of the destination country are paid by the Buyer independently, unless otherwise agreed by the Parties.
6.3. The delivery time depends on the postal operator's performance. The Seller is not liable for delivery delays caused by the carrier's fault or by force majeure circumstances.
6.4. The Seller's obligation to transfer the Goods is deemed fulfilled from the moment the shipment is handed over to the carrier. Further delivery is carried out by the carrier in accordance with its rules.
7. INSPECTION OF GOODS UPON RECEIPT, QUALITY, AND RETURNS
7.1. Mandatory inspection at the carrier. The Buyer is obliged to fully inspect and check the integrity, completeness, and external condition of the Goods (including the condition of the cardboard mailer and protective packaging) directly at the delivery service branch or in the presence of the courier at the time the parcel is received.
7.2. The risk of accidental damage to or loss of the Goods passes to the Buyer in accordance with the requirements of applicable Ukrainian law. If mechanical damage is discovered during transportation, the Buyer is obliged to draw up a corresponding Damage Report in the presence of a carrier representative and to document it with photographs, and then to notify the Seller within 24 hours. Claims regarding external packaging damage submitted after the delivery note has been signed, without a Report having been drawn up at the carrier, will not be considered by the Seller.
If the Buyer accepts the Goods without objection and does not draw up a damage report at the carrier, the Goods are deemed to have been received without visible packaging damage or mechanical defects that could have arisen during transportation.
In the event of loss of a shipment by the carrier, the Seller, after official confirmation of the loss, will either re-ship the goods or issue a refund.
7.3. The Buyer is responsible for the accuracy of the contact information and delivery address provided. Any additional costs associated with re-delivery due to incorrectly provided information are borne by the Buyer.
7.4. Criteria for manufacturing defects. The following are considered defects: critical damage to audio tracks that makes sound playback impossible, significant needle skipping (with correctly configured equipment), or serious warping of the disc.
Minor surface noise, crackling, characteristics of colored vinyl, and natural pressing variations that do not interfere with normal listening are not considered manufacturing defects.
Minor abrasions, minor corner creases, signs of transit on factory packaging, or minor printing characteristics resulting from international transport are not considered a defect in the Goods.
The sound quality of vinyl records depends on the technical condition and setup of the Buyer's turntable, cartridge, needle, tracking force, anti-skate, and other equipment, as well as its compatibility. Playback characteristics caused by the Buyer's equipment do not constitute a defect in the Goods.
7.5. Special return conditions (protective shrink wrap). Vinyl records are audio media supplied in protective packaging. In accordance with applicable Ukrainian law and the specific nature of this product category, if the Buyer has unsealed, damaged, or removed the manufacturer's factory shrink wrap, the Goods of proper quality are not subject to return or exchange.
7.6. Upon confirmation of a manufacturing defect, the Seller has the right, at its own discretion, to: replace the goods; refund the payment; or choose another resolution agreed upon with the Buyer.
Delivery costs in the event of a confirmed manufacturing defect are borne by the Seller.
8. FORCE MAJEURE
8.1. The Parties are released from liability for full or partial non-performance of their obligations under this Agreement if such non-performance results from force majeure circumstances arising after acceptance of the Offer (military actions, state of emergency, mass riots, emergency or scheduled power outages, communication network failures, acts of government authorities).
The deadline for performance of obligations is extended for the duration of such circumstances and their consequences.
9. CONFIDENTIALITY AND PERSONAL DATA
9.1. By accepting this Agreement, the Buyer voluntarily consents to the collection and processing of their personal data in accordance with the Law of Ukraine "On Personal Data Protection" for the purpose of performing this Agreement, carrying out mutual settlements, and receiving promotional and informational messages from the Online Store. The Buyer may opt out of receiving promotional materials at any time by contacting the Seller's email address. Personal data processing is also carried out in accordance with the Privacy Policy posted on the Website.
10. TERM OF THE AGREEMENT AND OTHER CONDITIONS
10.1. This Agreement takes effect upon the Buyer's Acceptance of the Offer and remains in effect until the Parties' obligations have been fully performed.
10.2. The Seller has the right to unilaterally amend this Agreement by publishing a new version on the Website.
10.3. The new version of the Agreement applies to Orders and Subscriptions placed after it takes effect, unless otherwise provided by the terms of the Agreement or applicable Ukrainian law.
10.4. All disputes and disagreements shall be resolved through negotiation, and, if agreement cannot be reached, through the courts in accordance with applicable Ukrainian law.
11. LIABILITY OF THE PARTIES
11.1. The Parties are liable for non-performance or improper performance of this Agreement in accordance with applicable Ukrainian law.
11.2. The Seller is not liable for delays in Order fulfillment caused by the fault of the carrier, the payment system, government authorities, or force majeure circumstances.
11.3. The Buyer is responsible for the accuracy of the information provided when placing an Order.
12. SELLER'S DETAILS
Name: Individual Entrepreneur Anastasiia Olehivna Sydorenko Taxpayer Identification Number: 3581003744 Account (IBAN): UA893348510000000026007366826 Bank: JSC "PUMB" (MFO: 334851) Email: obertystore@gmail.com Phone: +380965210523
This is a working translation for reference purposes. The Ukrainian-language original governs in the event of any discrepancy.