Public offer agreement for the sale of goods
This Agreement is the official public offer of FOP Ovcharenko Anastasiia Vasylivna, who makes and sells clothing under the Barva Kimono (Barva) brand, to conclude a distance contract for the sale of goods through the website barvaclothes.com on the terms set out below. Please read it carefully before placing an order.
1.1. This Agreement is a public contract and a contract of adhesion within the meaning of Articles 633 and 634 of the Civil Code of Ukraine: its terms are the same for all buyers and may only be accepted as a whole.
1.2. Publication of this Agreement on the Website constitutes a public offer under part 2 of Article 641 of the Civil Code of Ukraine.
1.3. The Agreement is concluded in electronic form in accordance with the Law of Ukraine “On Electronic Commerce” and has the same legal effect as a contract concluded in writing.
1.4. The relationship between the parties is governed by the Civil Code of Ukraine, the Law, the Laws of Ukraine “On Electronic Commerce” and “On Personal Data Protection”, and other legislation of Ukraine.
1.5. No term of this Agreement limits the Buyer’s rights guaranteed by consumer protection legislation. If a term of the Agreement conflicts with such legislation, the legislation applies.
2.1. In this Agreement, the following terms have the following meanings:
3.1. The Seller undertakes to make the Goods in accordance with the Order and to transfer them into the Buyer’s ownership, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
3.2. The name, description, price, available sizes and Production time of the Goods are stated on the product page on the Website.
3.3. The Goods are sewn by hand in the Seller’s workshop after the Order has been paid. Hand-dyed items are unique: their shade and pattern may differ slightly from the photos on the Website and from other items of the same model; colour perception also depends on screen settings. Such differences are a natural feature of handmade work and are not a defect of the Goods.
3.4. At the Buyer’s request, the length of an item can be adjusted to the Buyer’s height. The Buyer specifies Individual parameters in the Order comment or in correspondence with the Seller; the parties agree on them before production begins. By agreeing on Individual parameters, the Buyer confirms that they are aware of the restrictions on the exchange and return of such Goods (clause 9.2).
4.1. The Offer is accepted when the Buyer performs the following actions: places an Order on the Website, ticks the box “I agree to the terms of the public offer and the processing of personal data” and pays for the Order in full (part 2 of Article 642 of the Civil Code of Ukraine).
4.2. The Agreement is deemed concluded at the moment the Order is successfully paid.
4.3. By accepting the Offer, the Buyer confirms that they have read this Agreement and the “Delivery and payment”, “Returns and exchanges” and “Privacy Policy” pages and agree to them.
4.4. The conclusion of the Agreement and the payment are confirmed by an electronic payment document (fiscal receipt) generated at the time of payment. The text of this Agreement is always available on the Website; the Buyer may save or print it.
4.5. The Agreement remains in force until the parties have fully performed their obligations.
5.1. The Buyer places an Order via the cart on the Website. The checkout form includes: first name, last name, phone number, email (optional), country, delivery details, a comment (if needed) and the preferred way to confirm the Order: no confirmation needed, via Telegram, via Viber or by phone call.
5.2. An Order is deemed placed once it has been paid in full online. An unpaid Order creates no obligations for the parties.
5.3. The Buyer is responsible for the accuracy of the data provided. If necessary, the Seller contacts the Buyer to clarify the Order; until a reply is received, production and delivery times may shift.
5.4. If, after payment, it turns out that the Order cannot be fulfilled, the Seller promptly informs the Buyer and, at the Buyer’s choice, agrees on a replacement or refunds the amount paid in full.
5.5. The Buyer may cancel an Order before it is shipped by writing to the Seller by email or via Telegram; in this case the Seller refunds the amount paid in full. An Order with Individual parameters may be cancelled with a refund only before production begins, and after that only with the Seller’s consent.
6.1. The prices of the Goods are shown on the Website. All payments are made in Ukrainian hryvnias (UAH) only. Prices shown in US dollars are for reference only; the Buyer sees the final amount in UAH on the payment page before confirming the payment.
6.2. If the Buyer’s payment card is in a different currency, the conversion is made by the Buyer’s bank at its own rate and fees, over which the Seller has no control.
6.3. The price of the Goods does not include delivery. The terms of payment for delivery are set out in Section 7 and on the “Delivery and payment” page.
6.4. Payment is made as a 100% online prepayment via the Plata by mono internet acquiring service (monobank) using Visa and Mastercard cards, Apple Pay or Google Pay. Partial prepayment and payment on receipt (cash on delivery) are not available.
6.5. The Buyer enters card details on the secure page of the payment service; the Seller does not receive or store full card details.
6.6. After payment, the Buyer receives an electronic fiscal receipt generated by the software cash register (PRRO) of the payment service.
6.7. Production of the Goods starts only after full payment has been received.
6.8. The Seller may change prices on the Website; the price of an Order that has already been paid does not change.
6.9. A Gift certificate can be used to pay for Goods up to its face value. The terms of use of certificates are set out on the “Returns and exchanges” page.
7.1. The Production time is stated on each product page (as a rule, from 5 to 14 working days) and is counted from the day of payment. It is approximate and may vary, in particular for Goods with Individual parameters.
7.2. If the Production time increases significantly, the Seller informs the Buyer. The Buyer may agree to the new time or cancel the Order and receive a full refund.
7.3. Within Ukraine, the Goods are delivered by Nova Poshta to a branch, to a parcel locker or by courier to an address. The delivery cost is paid by the recipient on receipt according to the Carrier’s rates.
7.4. The cost of international delivery is not included in the Order total: after the Order is placed, the Seller’s manager calculates it and tells the Buyer how to pay it. The Seller communicates this cost before production begins. If the Buyer does not accept the delivery cost, the Buyer may cancel the Order before production begins and receive a full refund.
7.5. The total time to receive the Goods consists of the Production time and the Carrier’s transit time. Detailed terms are set out on the “Delivery and payment” page, which forms an integral part of this Agreement.
8.1. When collecting the parcel, the Buyer is advised to inspect it in the presence of the Carrier’s employee (courier). If the packaging is damaged or the contents do not match the Order, the Buyer is advised to draw up a report with the Carrier and inform the Seller as soon as possible.
8.2. The Seller’s obligation to deliver the Goods is deemed fulfilled when the Goods are handed over to the Buyer (recipient). From that moment, ownership of the Goods and the risk of their accidental loss or damage pass to the Buyer.
8.3. If the parcel is not collected within the storage period set by the Carrier and is returned to the Seller, the Seller contacts the Buyer. Goods without Individual parameters may be re-sent at the Buyer’s expense, or the Buyer may withdraw from the purchase in accordance with Section 9. Goods with Individual parameters are re-sent at the Buyer’s expense or kept by the Seller until shipment is agreed.
9.1. The Buyer may exchange or return Goods of proper quality within 14 days of receipt if the Goods have not been worn, show no signs of use, have retained their appearance, consumer properties, labels and packaging, and there is proof of purchase (Articles 9 and 13 of the Law).
9.2. Goods of proper quality made with Individual parameters cannot be exchanged or returned (item 3 of part 5 of Article 13 of the Law).
9.3. If a defect is found in the Goods, the Buyer has the rights provided for in Article 8 of the Law, regardless of whether the Goods were made with Individual parameters.
9.4. Money is refunded to the payment card used for payment within the time limits set by the Law, no later than within 7 days. The exchange and return procedure, the allocation of shipping costs and the terms for Gift certificates are set out on the “Returns and exchanges” page, which forms an integral part of this Agreement.
10.1. The Seller undertakes to:
10.2. The Seller has the right to:
10.3. The Buyer undertakes to:
10.4. The Buyer has the right to:
11.1. The parties are liable for non-performance or improper performance of their obligations under this Agreement in accordance with the legislation of Ukraine.
11.2. The Seller is not liable for delays in delivery or failure to deliver caused by incorrect data provided by the Buyer or by the Buyer’s failure to collect the parcel.
11.3. Claims regarding defects in the Goods are not satisfied if the defects arose because the Buyer violated the rules of use, care or storage of the Goods (part 14 of Article 8 of the Law). The features of hand dyeing described in clause 3.3 are not a defect.
11.4. The Seller is not liable for exchange rate differences or fees charged by the Buyer’s bank in connection with currency conversion.
12.1. The parties are released from liability for non-performance or improper performance of their obligations if it is caused by force majeure circumstances, in particular hostilities, shelling, prolonged power outages, natural disasters, fires or decisions of public authorities, provided that these circumstances directly prevent performance of the Agreement.
12.2. The party affected by such circumstances notifies the other party as soon as possible. The time for performance of obligations is extended for the duration of such circumstances.
12.3. If force majeure circumstances last for more than 30 days, either party may withdraw from the Agreement. In this case, the Seller refunds to the Buyer the money paid for Goods that have not been delivered.
13.1. By ticking the box when placing an Order, the Buyer consents to the processing of their personal data (first name, last name, phone number, email, country, delivery details) for the purpose of performing this Agreement in accordance with the Law of Ukraine “On Personal Data Protection”.
13.2. The Seller shares personal data only to the extent necessary to fulfil the Order, in particular with the Carrier and the payment service.
13.3. The purpose, scope and retention periods of personal data processing, as well as the Buyer’s rights as a data subject, are described in the “Privacy Policy”.
14.1. The parties resolve disputes and disagreements through negotiation. The Buyer sends claims by email to barva.clothes89@gmail.com or via Telegram at t.me/barvakimonoshop; the Seller considers them within the time limits set by law.
14.2. The Buyer has the right to apply to the State Service of Ukraine on Food Safety and Consumer Protection (dpss.gov.ua) or to a court in accordance with the legislation of Ukraine.
14.3. This Agreement is governed by the law of Ukraine. If the Buyer is habitually resident outside Ukraine, this does not deprive the Buyer of the protection afforded by the mandatory rules of the law of the country of residence in the cases provided for by the Law of Ukraine “On Private International Law”.
15.1. This edition of the Agreement takes effect on 23 October 2026 and remains in force until it is withdrawn or replaced by a new edition.
15.2. The Seller may amend the Agreement by publishing a new edition on the Website. Amendments do not apply to Orders paid before the new edition was published.
15.3. References to articles of the Law are given according to the version in force on the date of this edition of the Agreement. Once the Law of Ukraine “On Consumer Rights Protection” No. 3153-IX of 10 June 2023 enters into force, the corresponding provisions of that law will apply.
15.4. If any provision of the Agreement is held invalid, this does not affect the validity of its other provisions.
15.5. The Agreement is drawn up in Ukrainian. The English translation is provided for information purposes.
15.6. The “Delivery and payment”, “Returns and exchanges” and “Privacy Policy” pages of the Website form an integral part of this Agreement.
