Public offer

PUBLIC OFFER

1. General Provisions

1.1. This offer constitutes an official proposal by Sole Proprietor Maryna Mykolaivna Babenko, operating through https://maiimo.com/, hereinafter referred to as the “Seller”, to enter into a distance purchase and sale agreement for goods via the Online Store, hereinafter referred to as the “Agreement”. This offer is published on the Seller’s official website at https://maiimo.com/ (hereinafter referred to as the “Website”).

1.2. The Buyer’s payment for an Order under the terms of this Agreement, within the specified time limits and at the prices indicated on the Seller’s Website, shall constitute the Buyer’s full and unconditional acceptance (“Acceptance”) of the Seller’s offer to enter into an electronic agreement for the purchase and sale of goods.

2. Definitions

2.1. For the purposes of this offer, unless the context requires otherwise, the following terms shall have the meanings set forth below:

“Goods” means models, accessories, components, and related items;

“Online Store” means, in accordance with the Law of Ukraine “On Electronic Commerce”, a means of offering or selling goods, works, or services by means of an electronic transaction;

“Seller” means the business entity selling the Goods presented on the Website;

“Buyer” means an individual or legal entity that has entered into the Agreement with the Seller under the terms set forth herein;

“Order” means the selection of individual items from the list of Goods specified by the Buyer when placing and paying for an order.

3. Subject Matter of the Agreement

3.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods in accordance with the terms of this Agreement.

This Agreement governs the purchase and sale of Goods through the Online Store, including:

  • the Buyer’s voluntary selection of Goods in the Online Store;

  • the Buyer’s independent placement of an Order through the Online Store;

  • payment by the Buyer for an Order placed through the Online Store;

  • processing and delivery of the Order to the Buyer, with transfer of ownership, in accordance with the terms of this Agreement.

4. Order Placement Procedure

4.1. The Buyer has the right to place an Order for any Goods presented on the Online Store Website that are either in stock or available to order.

4.2. Each item may be included in an Order in any quantity.

4.3. If the Goods are out of stock, the Seller shall notify the Buyer by telephone or email.

4.4. If the Goods are unavailable, the Buyer has the right to replace them with Goods of a similar model or to refuse such Goods and cancel the Order.

5. Payment Procedure

5.1. Payment shall be made using one of the payment methods provided by the Seller.

5.2. If payment is not received, the Online Store reserves the right to cancel the Order.

5.3. The price of the Goods does not include fees charged by banks or payment systems. Such fees shall be paid separately by the Buyer at the Buyer’s own expense. Information regarding applicable fees may be provided during the payment process.

5.4. Payment for the Goods confirms that the Buyer agrees to the terms and conditions of this offer.

6. Delivery Terms

6.1. Delivery terms are described on the Website in the “Payment and Delivery” section.

6.2. Goods purchased through the Online Store are delivered through transport or shipping companies. Delivery is carried out by the transport company selected by the Buyer and is subject to that company’s applicable rates. The transport company is responsible for the delivery time and for ensuring that the Goods are not damaged during transportation. Delivery costs shall be paid by the Buyer.

6.3. The Seller and the Buyer do not sign certificates of completion or delivery notes. Payment confirms the quality and quantity of the Goods and services. If, within five (5) business days from the date of receipt of the Goods, the Buyer does not submit a written claim to the Seller by email regarding delivery times, quality, or quantity of the Goods or services, the items specified in the Order shall be deemed to have been received on time and in satisfactory condition, and the result of the services shall be deemed accepted.

7. Rights and Obligations of the Parties

7.1. The Seller has the right to:

  • unilaterally discontinue the provision of services under this Agreement if the Buyer breaches the terms of this Agreement.

7.2. The Buyer shall:

  • pay for and receive the Order in a timely manner in accordance with the terms of this Agreement.

7.3. The Buyer has the right to:

  • place an Order through the Online Store;

  • require the Seller to comply with the terms of this Agreement.

8. Liability of the Parties

8.1. The Parties shall be liable for failure to perform or improper performance of their obligations under this Agreement in accordance with this Agreement and the applicable laws of Ukraine.

8.2. The Seller shall not be liable for:

  • minor discrepancies in the colors of the Goods, which may differ from the actual Goods solely due to differences in color reproduction by monitors, personal computers, and other electronic devices;

  • the content and accuracy of information provided by the Buyer when placing an Order;

  • delays or interruptions in the provision of services, including Order processing and delivery, caused by circumstances beyond the Seller’s control;

  • unlawful or illegal actions carried out by the Buyer using their Internet access;

  • the Buyer’s disclosure of network identifiers, including IP address, MAC address, login credentials, and password, to third parties.

8.3. In the event of force majeure circumstances, the Parties shall be released from their obligations under this Agreement for the duration of such circumstances. For the purposes of this Agreement, force majeure circumstances mean extraordinary and unforeseeable events that prevent or objectively impede the performance of this Agreement and which the Parties could neither reasonably foresee nor prevent.

8.4. The Parties shall make every reasonable effort to resolve any disputes or disagreements exclusively through negotiations.

9. Warranty

9.1. The Seller’s warranty obligations shall comply with the applicable laws of Ukraine and shall commence from the moment the Goods are transferred to the Buyer. The warranty period is eighteen (18) months.

9.2. If the Buyer discovers defects in the Goods during the warranty period, provided that the Goods have been used responsibly and for their intended purpose, the Buyer has the right to:

  • free rectification of defects by the Seller or by third parties authorized by the Seller within fifteen (15) business days;

  • reimbursement of expenses incurred by the Buyer in independently rectifying defects in the Goods, provided that such independent rectification was agreed with the Seller in advance.

Independent rectification of defects in the Goods by the Buyer without prior agreement with the Seller shall release the Seller from its warranty obligations in respect of such defects.

9.3. Defects in the Goods include cracks, peeling paint, or malfunction of mechanisms arising under conditions of proper use and in the absence of mechanical damage or external mechanical impact.

9.4. Minor variations in the shades of wood or metal, as well as visible knots at the edges of plywood, shall be considered characteristics of the natural materials rather than manufacturing defects, as plywood, wood, and natural veneer are natural materials.

9.5. The Buyer shall submit a warranty claim in the proper manner via the email address specified on https://maiimo.com/. The claim must include a description of the issue and the circumstances in which it occurred and/or was discovered, photographs of the defects, copies of documents confirming the purchase, and the Buyer’s contact details.

9.6. Within five (5) days after receiving the claim, the Seller shall contact the Buyer and provide information regarding the method and timeframe for rectifying the defect or provide a reasoned response explaining why the case does not qualify for warranty coverage.

10. Other Terms

10.1. The Online Store has the right to amend this offer and the Agreement unilaterally. Such amendments shall enter into force five (5) days after their publication on https://maiimo.com/.

10.2. The Online Store is intended to facilitate the distance sale of Goods via the Internet.

10.3. The Buyer is responsible for the accuracy of the information provided when placing an Order. By accepting this offer through placement of an Order and subsequent payment for the Goods, the Buyer provides the Seller with unconditional consent to the collection, processing, storage, and use of the Buyer’s personal data within the meaning of the Law of Ukraine “On Personal Data Protection”.

10.4. Payment by the Buyer for an Order placed through the Online Store constitutes the Buyer’s full acceptance of the terms and conditions of this purchase and sale agreement (Public Offer).

10.5. The effective date of the electronic transaction between the Parties shall be the date of acceptance of its terms in accordance with Article 11 of the Law of Ukraine “On Electronic Commerce”.

10.6. The Buyer may use the Online Store Website to preview the Goods and place Orders free of charge.

10.7. The Buyer authorizes the Seller to process the Buyer’s personal data for the purpose of fulfilling the Order. The Seller has the right to transfer the personal data necessary for delivery to a delivery service or transport company. Information provided by the Buyer shall be treated as confidential.

10.8. All made-to-order products are subject to the Law of Ukraine “On Consumer Rights Protection”. All products manufactured to order (i.e. products that are not available from stock) are not subject to return, exchange, or cancellation after the Order has been confirmed and a prepayment has been made, as such products are manufactured to meet the Buyer’s individual requirements.

11. Return of Goods of Proper Quality

11.1. Returns of Goods to the Online Store shall be carried out in accordance with the applicable laws of Ukraine.

11.2. The cost of returning Goods to the Online Store shall be borne by the Buyer.

11.3. If the Buyer returns Goods of proper quality, the Online Store shall refund the amount paid for the Goods upon their return, less compensation for the Online Store’s expenses associated with delivering the Goods to the Buyer.

11.4. All made-to-order products are subject to the Law of Ukraine “On Consumer Rights Protection”. All products manufactured to order (i.e. products that are not available from stock) are not subject to return, as they are manufactured to meet the Buyer’s individual requirements.

12. Term of the Agreement

12.1. An electronic agreement shall be deemed concluded from the moment the person who made the offer to enter into such agreement receives a response accepting the offer in accordance with the procedure established by Part Six of Article 11 of the Law of Ukraine “On Electronic Commerce”.

12.2. Prior to completion of the Agreement, it may be terminated by mutual consent of the Parties before the actual delivery of the Goods, with the corresponding refund of funds.

12.3. Either Party has the right to terminate this Agreement unilaterally in the event that the other Party fails to comply with the terms of this Agreement, as well as in other cases provided for by the applicable laws of Ukraine.

13. Address and Payment Details

Recipient: Sole Proprietor Maryna Mykolaivna Babenko

Recipient Registration / Tax Code: 2130007345

Recipient Account (IBAN): UA173052990000026004025027993

Bank: JSC CB PRIVATBANK

Registered Address: Kyiv, Ukraine

Telephone: +380675106622