Public Offer Agreement
This public custom service agreement (hereinafter this Agreement) is an adhesion contract that sets forth the terms and conditions for paid custom tailoring services as well as mutual rights and responsibilities of the parties: Sole Proprietor Anastasia Dovnar-Yaminskaya, Tax ID 190161725, acting pursuant to the Sole Proprietor’s Registration Certificate (hereinafter the Company) and a natural person who accepts the public offer to enter into this Agreement (hereinafter the Customer).
Terms and Definitions
As used herein, the following terms shall have the meanings set forth below:
Agreement: A written understanding between the Customer and the Company with regard to the paid custom tailoring services provided by the Company for the Customer, such understanding entering into force and effect through the payment of the offer.
This document, i.e., the Public Offer Agreement, shall constitute the Offer.
The publication hereof on www.jamido.by shall constitute a public offer addressed to natural persons for the purpose of the provision of specific services. The Agreement shall be deemed executed (offer accepted) by the Customer upon payment as provided in Section 3, Article 408 of the Civil Code of the Republic of Belarus.
The Offer shall be accepted fully and irreversibly once the procedures as set forth in subsection 5.3 of Clause 5 hereof are completed.
The acceptance of the Offer shall constitute the conclusion hereof between the Company and the Customer.
Subject of the Agreement
The Company shall provide paid tailoring services to the Customer, and the Customer shall accept and pay the services provided on the terms and conditions herewith set forth.
The Company shall have a right to introduce changes hereto. Therefore, the Customer shall review the current version of this Agreement published on www.jamido.by.
Payment and Conclusion of the Agreement
3.1. This Agreement shall constitute a public offer as provided in Article 396 of the Civil Code of the Republic of Belarus, whereby the Company shall provide services to natural persons (Customers) requesting the services as set forth herein.
3.2. The publication hereof on the Company’s website, i.e., www.jamido.by, shall constitute the Company’s public offer to natural person(s), i.e., the Customer(s), to conclude this Agreement as provided in Section 2, Article 407 of the Civil Code of the Republic of Belarus.
3.3. This Agreement shall be concluded upon acceptance by the Customer in full, unconditionally, without exemptions or reservations, as provided in Article 398 of the Civil Code of the Republic of Belarus.
3.4. If the Customer pays for the services provided in the manner and on the terms and conditions set forth herein, it shall be construed that the Customer has accepted this Agreement.
3.5. Should the payment be made as set forth herein, this Agreement shall be deemed concluded in simple written form as provided in Articles 404 and 408 of the Civil Code of the Republic of Belarus.
3.6. This Agreement shall be deemed valid in its version and under provisions that were current on the date of payment.
Rights and Responsibilities of the Parties
4.1. The Company shall:
4.1.1. Provide the services to the Customer to the extent and within the period as agreed by the parties hereto (hereinafter the Parties); and
4.1.2. Provide the proper information to the Customer in electronic form (e-mail) with regard to the services provided hereunder, service provision procedures, terms of payment and any other information as required for the execution hereof.
The Company shall have a right to:
4.2.1. Withhold the provision of the services in the event the Customer has failed to perform as set forth herein.
4.3. The Customer shall:
4.3.1. Provide the Company with all information as necessary for the provision of the services; and
4.3.2. Comply with the provisions hereof.
4.4. The Customer shall have a right to:
4.4.1. Require the proper provision of the services as set forth herein.
Value of Services, Payment Terms and Conditions
5.1. The value of the services provided hereunder shall be determined in accordance with the service (item) selected by the Customer and its cost.
5.2. The value of the services provided hereunder shall be paid by the Customer using a credit/debit card. The payment is made online in real time via a link provided by the Company to the Customer. Card payment shall be processed through the Alpha Bank electronic billing system. Alpha Bank’s payment page meets all the secure data-transfer requirements (PCI DSS Level 1). All personal data are encrypted and secured against hacking.
5.3. The value of the services provided hereunder shall not include the costs of delivery of the manufactured item(s). The item(s) shall be delivered by Belposhta (the national postal service of Belarus) or a commercial courier. Delivery costs shall be calculated individually based on the information provided by the Customer, the weight of the manufactured item(s) and the Customer’s location.
5.3. If the Company fails to provide services as set forth herein, the Customer shall be entitled to a refund of the upfront payment made to the Company for services to be provided. The refund shall be made to the same bank card that was used to pay for the services within a period of 30 (thirty) days, depending on the card-issuing bank.
5.4. The Company reserves the right to reject Customer’s refund request. The Customer’s refund request shall be reviewed within a period of 15 (fifteen) business days from the date the Customer’s refund request was received at the Company’s e-mail, i.e., email@example.com.
5.5. The Company reserves the right to reject the Customer’s refund request for custom-made items (made of custom-selected fabrics, having customer-specific properties or tailored to the customer-specific measurements).
5.6. The Company reserves the right to unilaterally amend the refund provisions hereof.
Delivery and Acceptance of the Services
6.1. The services shall be deemed provided without the execution of a Service Acceptance Certificate.
6.2. The services hereunder shall be deemed provided properly and confirmed by the Customer’s use thereof.
Liabilities of the Parties
7.1. In the event of a complete or partial failure to perform hereunder, the party at fault shall be liable to the extent provided in the laws and regulations of the Republic of Belarus and as set forth herein.
7.2. The Company will not be liable for any delay in delivery of the manufactured item(s).
Validity and Termination of the Agreement
8.1. This Agreement shall be deemed concluded once the payment has been credited to the Company’s bank account.
The Parties shall unconditionally accept this Agreement as legally binding.
Sole Proprietor Anastasia Dovnar-Yaminskaya
17 Kakhovskaya St., Apt. 67
220053, Minsk, Belarus
Tax ID: 190161725
7 Krasnaya St., Minsk