Terms of Sale

Last updated 22/03/2019

Please read these Terms of Sale carefully prior to purchasing products from the Site, located at https://makhno.shop (“Site”). These Terms of Sale contain very important information about your rights and obligations, as well as limitations and exclusions.

Note, by purchasing a product from the Site, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms of Sale and all terms incorporated herein by reference in full. If you do not agree with these Terms of Sale, do not make your purchase.

If you are making a purchase on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Sale on such entity’s behalf.

All sales from the Site are sold by Sergey Makhno Architects OÜ, registered at Peterburi tee 47, Lasnamae district, Tallinn city, Harju county, 11415, Estonia (which we may refer to as “SMA”, “we,” “us,” or “our”).

Except as otherwise provided, these Terms of Sale are subject to change at any time without notice. It is your responsibility to check periodically for any changes we make to the Terms of Sale. By placing an order for products through the Site, you agree to be bound by and accept the Terms of Sale in effect at the time of such order.

Table of contents

1. Applicability

2. Product descriptions and availability

3. Placing orders on the Site

4. Payment terms

5. Shipping

6. Return policy

7. Warranties

8. Events outside our control

9. Limitation of liability

10. Other important terms

1. Applicability

These Terms of Sale create a legally binding agreement between you (“you” or “User”) and SMA which apply to your purchases of any products from the Site, except to the extent that you have entered into a separate written agreement with SMA that supersedes some or all of these Terms of Sale. Other than as specifically provided in any separate written agreement between you and SMA, these Terms of Sale may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these Terms of Sale. SMA’s Terms of Use and Privacy Notice are incorporated herein by this reference.

2. Product descriptions and availability

2.1 The catalogue of SMA products is made available for you on the Site. All of the proposed products are not ready-made products, but are crafted specially for you by our professionals. Therefore, the product you receive may differ to some extent from the one pictured in the catalogue. You hereby acknowledge and understand that such minor differences shall not be considered a defect or other nonconformity with your order.

2.2 In describing and portraying our products on the Site, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other content is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.

2.3 We may revise or discontinue products at any time without prior notice to you. All prices on the Site are subject to change without notice.

3. Placing orders on the Site

3.1 You must be of legal age in your country to place an order on the Site. Otherwise, you can make a purchase only with involvement of a parent or guardian.

3.2 To place an order on the Site you need to choose the product, its quantity and other available features and add it to the cart. At the checkout you will be asked to provide your personal customer information. Please read our Privacy Notice to know more about how we treat your personal data.

3.3 Within 3 (three) business days upon your order submission our sales manager will contact you to verify the terms of shipping, thereafter we will send you an email acknowledging the receipt of your order (“Order Confirmation”) and invoice under paragraph 4.3 of these Terms of Sale.

3.4 You may cancel your order free of charge and without giving us any reason prior to receipt of the Order Confirmation or payment of invoice. If you wish to cancel your order, please contact us at support@mahno.com.ua.

3.5 SMA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

4. Payment terms

4.1 The prices are displayed on the Site in euros and exclusive of import taxes, duties and shipping costs. You will have to pay all import taxes and duties applicable in your country upon the receipt of the ordered product.

4.2 Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation. We reserve the right to apply at its own discretion discount to prices for specific users and/or during a particular period. If we publish special offers on the Site, they are subject to certain conditions laid down in the details of such offers available on the Site.

4.3 Upon verifying the terms of shipping, as set forth in paragraph 3.3 of these Terms of Sale, we will send you an invoice in addition to the Order Confirmation. The price indicated in the issued invoice contains both the price of the product(s) and the shipping costs, subject to Section 5 of these Terms of Sale.

You shall pay an invoice within 7 days from the date of its issuance.

4.4 As soon as we receive your payment for the ordered product(s), a contract, the terms of which are laid down in these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). Under the Contract we are obliged to craft and ship the product(s) in the time, assortment, quantity and to the place as set forth in the Order Confirmation, and you are obliged to accept the product(s) at the place of shipping.

5. Shipping

WHERE?

We ship our products worldwide. When you place an order on our Site, your order will be shipped to the address indicated by you.

You acknowledge that you are solely responsible for any mistakes made in your shipping address and we are not obliged to reship your order in case of your mistake. We may but are not obliged to require verification of information prior to the acceptance and/or shipping any order.

WHEN?

We do not process orders and ship on Saturday and Sunday and on certain public holidays.

Your order will be shipped once the items are crafted, your payment is approved and the receiving address is verified. The duration of crafting process depends on a type and quantity of products and usually takes from 30 to 45 days.

As soon as your order is dispatched, you will be notified by email.

HOW CAN I SELECT A SHIPPING METHOD?

As soon as you provide all necessary personal customer information at the checkout, you will proceed to the choice of shipping methods.

You can choose any shipping service exercising international deliveries to your country. If you are not sure, which shipping service you want to choose, please contact us at support@mahno.com.ua for help.

Given we only arrange the shipping, your product(s) will be shipped under the terms of the chosen shipping service.

As soon as you indicate the preferred shipping method, we will contact you to verify the shipping details.

WHICH SHIPPING RATES APPLY?

Shipping rates are applied per order and correspond to the rates of the chosen shipping service.

The shipping costs are payable on the basis of issued invoice under paragraph 4.3 of these Terms of Sale.

INSPECTION UPON RECEIPT

Title to and risk of loss of the product(s) passes from SMA to you upon your receipt of product(s) from the carrier. Upon shipping, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

If you have any questions regarding shipping, please contact us at: support@mahno.com.ua.

6. Return policy

STATUTORY RIGHT OF WITHDRAWAL (FOR EEA CITIZENS ONLY)

If you are an EEA citizen, you have the right to withdraw from this contract within fourteen (14) days (“withdrawal period”) without giving any reason. You must send back or submit the unused item in its original packaging, in its original condition, with all original tags still attached immediately upon informing us about the withdrawal from the Contract of sale at support@mahno.com.ua.

If you withdraw from a contract of sale during the withdrawal period, we will reimburse all payments we received from you, including shipping costs.

For this repayment we shall use the same method of payment that you used making the original transaction, unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances. We may withhold reimbursement until we have received the returned products, or until you have submitted proof that you have returned the products, whichever comes earlier.

You do not have a right of withdrawal for contracts regarding the:

  • delivery of products that are made to your own specifications or which are clearly personalized, except in the case of manufacturing defects; and/or

  • delivery of products which are not suitable to be returned for health or hygiene reasons and where a seal was removed after shipping.

HOW CAN I RETURN A PRODUCT?

In order to return a product within the withdrawal period, if you are an EEA citizen, you shall notify us of your decision at support@mahno.com.ua and send the duly packed product to the following address: Ukraine, Kyiv, 03035, 2 Henerala Shapovala st., office 482, within a withdrawal period. You do not have to pay for shipping services, when returning a product.

HOW (AND HOW SOON) WILL I RECEIVE MY REFUND?

You will receive your refund within 24 hours from the time of our receipt of return confirmation. The total price paid for the order product and its shipping to you will be refunded back to your original form of payment.

CAN I EXCHANGE MY PRODUCT(S)?

Exchanges for products purchased from the Site are not available, because all the products you receive are unique and crafted specially for you.

WHAT SHOULD I DO IF I RECEIVE A DAMAGED OR DEFECTIVE PRODUCT?

If you consider the product purchased from the Site to be damaged or defective, please take a photo of the defect and send us at support@mahno.com.ua with your request for product exchange. If we find it damaged, defective or flawed, we may agree upon price reduction or full refund.

We do not refund products:

  • defective by reasons other than materials quality, assembly process or manufacture defects;

  • that have been damaged by abuse or negligence (e.g. exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.);

  • that have been damaged by misuse or activities other than the intended purpose.

If you have any questions regarding return and refund, please contact us at: support@mahno.com.ua.

7. Warranties

Please note that under the legal warranty of conformity, you:

  • have 2 years as of receipt of the product to submit a claim;
  • may choose between repair or refund of the product, subject to Section 6 of these Terms of Sale.

Any other warranty is disclaimed under Section 5 of the Terms of Use.

8. Events outside our control

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, government shutdown, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:

a) We will contact you as soon as reasonably possible to notify you; and

b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

Where the Event Outside Our Control affects our shipping a product to you, we will arrange a new shipping date with you after the Event Outside Our Control is over. You may cancel the shipping, as provided in paragraph 3.4 of these Terms of Sale, if an Event Outside Our Control takes place and you no longer wish us to provide the product(s).

9. Limitation of liability

In no event shall SMA, its directors, members, employees or agents be liable for any lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, arising out of or in any way connected with any purchase made on the Site. To the full extent permitted by law, SMA’s liability shall be limited to the amount actually paid for the purchase of products from this Site.

10. Other important terms

10.1 We may transfer our rights and obligations under the Contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.

You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.

10.2 If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

10.3 These Terms of Sale and your purchase of products from the Site shall be governed by and construed in accordance with the laws of Estonia, without resort to its conflict of law provisions. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the Estonian courts over any suit, action or proceeding arising out of or in connection with these Terms of Sale.

10.4 If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.

Any questions or complaints about these Terms of Sale or any product purchased using the Site may be directed to support@mahno.com.ua.

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