This document sets forth the terms and conditions for the sale of goods presented on the shevchenko.memorial website and constitutes a public offer by Iryna Oleksiivna Halushka, an individual entrepreneur (hereinafter referred to as the “Seller”), to enter into a sales contract under the terms set forth below.
Before submitting an order, please review this Public Offer, the Privacy Policy, and the terms of payment, delivery, and returns.
By submitting an order through the Website, the Buyer confirms that they have reviewed the aforementioned documents and provides the Seller with the necessary information to process the order.
Simply submitting an order via the form on the Website does not constitute automatic order confirmation and does not result in automatic payment.
Seller — Iryna Oleksiivna Halushka, an individual entrepreneur, who sells the goods presented on the shevchenko.memorial website.
Buyer — an individual or legal entity who has contacted the Seller with the intention of purchasing the Goods.
Website — the website located at shevchenko.memorial.
Product / Sculpture — the sculpture “Indomitable” and other products offered for sale on the Website.
Request — information that the Buyer submits via the form on the Website for the purpose of placing a future order.
Order — an agreement between the Seller and the Buyer for the purchase of the Product, specifying the quantity, price, configuration, payment method, delivery, and other necessary terms.
Recipient — the Buyer or another person designated by the Buyer to receive the order.
Offer — this public proposal to enter into a sales contract.
Acceptance — the Buyer’s full and unconditional acceptance of the agreed terms of the Order in the manner provided for in this Offer.
2.1. This Offer sets forth the general terms and conditions for purchasing a Sculpture through the Website, submitting an Application, confirming an Order, payment, preparation, delivery, receipt, exchange, and return.
2.2. Communication between the Seller and the Buyer may take place via the Website, email, Telegram, or another communication channel agreed upon by the parties.
2.3. The contract between the Seller and the Buyer is concluded remotely in electronic form in accordance with the terms of this Offer and the laws of Ukraine.
2.4. By submitting an Order, the Buyer confirms that:
2.5. If the Buyer does not agree to the terms of this Offer, they must not confirm the Order.
3.1. The Seller agrees to deliver the agreed-upon Sculpture to the Buyer, and the Buyer agrees to accept it and pay for it using the agreed-upon method.
3.2. The main characteristics of the Sculpture are specified on the Website, including:
3.3. The photographs on the Website accurately depict the Sculpture’s appearance as closely as possible. However, the shade and perception of texture may vary slightly depending on lighting, the photograph, and screen settings.
3.4. The Sculpture is crafted and finished by hand. Due to the properties of plaster and concrete, as well as the handmade nature of the work, individual pieces may exhibit minor natural variations in texture, shade, and surface finish.
3.5. Such variations are inherent to the materials and the handcrafted nature of the work and are not in themselves considered defects in the Sculpture, provided it conforms to the stated composition, specifications, and description.
4.1. To purchase a Sculpture, the Buyer submits an Application via the form on the Website.
4.2. The form may include the following information:
4.3. Upon receipt of the Order, the Seller will contact the Buyer via Telegram, email, or another agreed-upon channel.
4.4. During their communication, the Seller and the Buyer shall agree on:
4.5. After agreeing to the above terms, the Seller confirms that the Order can be fulfilled.
4.6. The Buyer is responsible for the accuracy of the contact details and information provided for the fulfillment of the Order.
4.7. If the Order cannot be fulfilled, the Seller shall notify the Buyer.
5.1. The publication of this Offer on the Website establishes the general terms and conditions of the future contract between the Seller and the Buyer.
5.2. Submitting an Order via the form on the Website does not in itself constitute the automatic conclusion of a sales contract.
5.3. Upon receipt of the Order Request, the Seller shall notify the Buyer of the final terms of the specific Order via Telegram, email, or another agreed-upon electronic communication channel.
5.4. The contract is considered concluded after the Buyer confirms the agreed terms of the Order via email or by another method agreed upon by the parties.
5.5. If the parties have agreed to prepayment, the Buyer’s execution of the agreed-upon payment also confirms acceptance of the Order terms.
5.6. If the parties have agreed to cash on delivery, payment is made upon receipt of the shipment, and the Order is processed and delivered after the Buyer confirms it.
5.7. Email correspondence, Order confirmation, payment documents, sales or tax receipts, and other documents accompanying the transaction may be used to confirm the content and fulfillment of the Order.
6.1. The current price of the Sculpture is listed on the Website.
6.2. Before confirming the Order, the Seller informs the Buyer of the final cost of the Sculpture and the amount due.
6.3. The Buyer confirms the Order after reviewing its final price.
6.4. Once the Order is confirmed, the agreed-upon price of the Sculpture shall not change unless the Seller and the Buyer separately agree to modify the Order.
6.5. Shipping costs are not included in the price of the Sculpture, unless otherwise specified on the Website or during Order confirmation.
7.1. Payment cannot be made directly through the Website.
7.2. After the Order is confirmed, the Seller and the Buyer agree on a convenient payment method.
7.3. The following payment methods may be available:
7.4. If the parties have agreed to prepayment, the Seller shall send the Buyer the necessary payment details via the agreed-upon communication channel.
7.5. In the case of prepayment, the Order is considered paid once the funds have been credited to the account using the details provided by the Seller.
7.6. In the case of cash on delivery, the Buyer makes payment upon receipt of the shipment in accordance with the terms of the carrier and/or payment service provider.
7.7. Bank, carrier, or cash-on-delivery operator fees are paid in accordance with their current rates, unless the parties have agreed otherwise.
7.8. The Buyer shall be provided with a document confirming payment in the manner prescribed by law and in accordance with the applicable payment method.
8.1. Each Sculpture is manufactured and/or undergoes hand finishing before shipment.
8.2. The estimated processing time is communicated to the Buyer upon confirmation of the Order and/or is indicated on the Website.
Estimated timeframe: 3 business days.
8.3. For Orders paid in advance, the preparation time—unless otherwise agreed by the parties—begins after payment is credited.
8.4. For cash-on-delivery Orders, the preparation period begins after the Buyer confirms the Order.
8.5. If the preparation period changes, the Seller shall notify the Buyer and agree on a new period.
8.6. If it is impossible to fulfill an Order, the Seller shall notify the Buyer. If payment has already been made for such an Order, the funds shall be refunded in accordance with established procedures.
9.1. Unless otherwise agreed upon at the time of ordering, the Order includes:
9.2. At the Buyer’s request, a gift card may be included with the Order.
9.3. The current contents of the package are confirmed at the time the Order is placed.
10.1. The Buyer may place an Order on behalf of another person.
10.2. When placing such an Order, the Buyer may:
10.3. The sculpture may be shipped to the Buyer or directly to the Recipient.
10.4. By providing the Seller with the personal data of another Recipient, the Buyer confirms that there are legal grounds for such disclosure for the purpose of fulfilling and delivering the Order.
11.1. Delivery within Ukraine is carried out by Nova Poshta, unless the parties have agreed on another available method.
11.2. Delivery may be made:
11.3. The delivery cost is determined in accordance with the carrier’s rates, unless the Seller and the Buyer have agreed otherwise.
11.4. If cash on delivery is selected, money transfer fees may be added to the delivery cost in accordance with the carrier’s or payment provider’s rates.
11.5. After the Order is handed over to the carrier, the Buyer or Recipient is provided with a tracking number.
11.6. The delivery time after the shipment is handed over to the carrier depends on the delivery service’s operating conditions.
12.1. The sculpture is a fragile item; therefore, the Seller uses protective packaging for its transportation.
12.2. The Buyer or Recipient is advised to inspect the packaging and the Sculpture immediately upon receipt.
12.3. If damage is discovered that may have occurred during shipping, it is recommended to:
12.4. Whether or not an inspection is conducted does not limit the consumer’s rights as provided by Ukrainian law.
13.1. Exchanges, returns of the Sculpture, and refunds are carried out in accordance with Ukrainian law and the terms outlined on the “Payment, Delivery, and Returns” page.
13.2. In cases provided for by law, the Buyer has the right to withdraw from a distance contract within the time limit established by law.
13.3. To return a Sculpture of acceptable quality, the conditions regarding its condition, marketable appearance, completeness, and other requirements provided for by law must be met.
13.4. Natural variations in texture, shade, and surface that arise due to handcrafted production and the properties of the materials—and of which the Buyer has been informed—are not in themselves considered manufacturing defects.
13.5. If the Buyer receives a Sculpture with a manufacturing defect or damage, they may contact the Seller using the contact information provided below.
13.6. If the Order was prepaid, a refund will be issued using the payment details and within the timeframes agreed upon in accordance with Ukrainian law.
13.7. The terms of this Offer shall not be construed as limiting the consumer’s rights guaranteed by law.
14.1. If the Buyer wishes to cancel the Order before it is shipped, they must notify the Seller via Telegram, email, or another agreed-upon channel.
14.2. If the Order has not yet been paid for, the parties shall terminate its fulfillment, unless otherwise required by the stage of fulfillment or the laws of Ukraine.
14.3. If payment for the Order has already been made, the issue of a refund shall be resolved in accordance with the law and the terms and conditions on the “Payment, Delivery, and Returns” page.
14.4. If the Order has already been handed over to the carrier, its cancellation and return shall be carried out in accordance with the return policy and the terms of the delivery service.
The Seller is obligated to:
15.1. Provide the Buyer with necessary and accurate information about the Sculpture, its specifications, price, and payment and delivery terms.
15.2. Upon receipt of the Request, inform the Buyer of the conditions required to confirm the Order.
15.3. Deliver to the Buyer a Sculpture that complies with the agreed-upon Order.
15.4. Properly package the Sculpture for shipment.
15.5. Comply with the requirements of the law regarding consumer protection and personal data.
The Seller has the right to:
15.6. Change the price, product range, and terms of sale until a specific Order is confirmed.
15.7. Contact the Buyer to clarify information necessary for fulfilling the Order.
15.8. Refuse to confirm an Order if fulfilling it is objectively impossible.
The Buyer has the right to:
16.1. Receive information about the Sculpture prior to Order confirmation.
16.2. Choose one of the available and agreed-upon payment and delivery methods.
16.3. Receive the Sculpture in accordance with the agreed-upon Order.
16.4. Exercise the consumer rights provided for by Ukrainian law.
The Buyer is obligated to:
16.5. Provide accurate information for processing the Order.
16.6. Verify the agreed-upon specifications, price, payment method, and delivery method before confirming the Order.
16.7. Pay for the Order in a timely manner using the agreed-upon method.
16.8. Receive the shipment in a timely manner.
17.1. The parties shall be liable in accordance with this Offer and the laws of Ukraine.
17.2. The Seller is not liable for delays caused by the carrier’s operations or other circumstances beyond its reasonable control, but shall assist the Buyer in resolving issues regarding a specific shipment to the best of its ability.
17.3. The Seller shall not be liable for consequences arising from incorrect or incomplete information provided by the Buyer, unless the Seller could not reasonably have detected the error.
17.4. No provision of this Offer excludes the Seller’s liability in cases where such exclusion is prohibited by law.
18.1. The parties are exempt from liability for failure to perform or delay in performing their obligations if such failure or delay is a direct result of force majeure circumstances that the parties could not reasonably have foreseen or overcome.
18.2. Such circumstances may include hostilities, shelling, destruction of infrastructure, emergency power outages, blockages of transportation infrastructure, decisions by government authorities, and other extraordinary circumstances that directly prevent the fulfillment of the Order.
18.3. The party unable to fulfill its obligations shall notify the other party thereof within a reasonable time, if possible.
19.1. When submitting an Application and placing an Order, the Buyer may provide the Seller with personal data necessary for communication and the fulfillment of the Order.
19.2. This may include, in particular:
19.3. The data is used for:
19.4. Detailed terms and conditions for the processing of personal data are set forth in the Privacy Policy.
19.5. To the extent necessary, data may be transferred to a bank, a payment institution, a cash-on-delivery operator, a delivery service, and other parties involved in fulfilling the Order.
20.1. Texts, photographs, graphic materials, the Website’s design, branding elements, and other materials of shevchenko.memorial are protected in accordance with intellectual property laws, unless otherwise specified.
20.2. The purchase of a Sculpture does not imply the transfer to the Buyer of any intellectual property rights to the design, photographs, brand, or other project materials.
20.3. The Buyer has the right to possess, use, display, gift, or dispose of the purchased physical copy within the limits of the law.
20.4. Commercial reproduction or the creation of copies of the Sculpture is not permitted without a valid legal basis or the permission of the copyright holder.
21.1. In the event of a question, claim, or dispute, the Buyer may contact the Seller directly:
Email: shevchenko.memorial@gmail.com
Telegram: @shevchenko_memorial
Instagram: @shevchenko.memorial
21.2. The parties shall endeavor to resolve the dispute through negotiation.
21.3. If the dispute cannot be resolved through negotiations, it shall be resolved in accordance with the laws of Ukraine.
21.4. This section does not limit the consumer’s right to seek redress from the competent government authorities or a court.
22.1. This Offer is effective from the moment of its publication on the Website until it is withdrawn or replaced by a new version.
22.2. The Seller has the right to amend the terms of the Offer.
22.3. The new version applies to Applications and Orders confirmed after its publication, unless otherwise provided by law.
22.4. The terms agreed upon by the parties at the time of confirmation shall apply to an Order that has already been confirmed.
Seller:
Iryna Oleksiivna Halushka, Individual Entrepreneur
EDRPOU:
3818807149
Email:
shevchenko.memorial@gmail.com
Telegram:
@shevchenko_memorial
Website:
shevchenko.memorial
Instagram:
@shevchenko.memorial