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PUBLIC OFFER AGREEMENT
for the provision of Digital Content and sale of physical goods
This Public Offer Agreement (“Agreement”) is a legally binding contract between:
Sole Proprietor (Individual Entrepreneur) Nevzorova Kateryna Dmytrivna (the “Seller”) and any individual or legal entity (the “Buyer”) who accepts the terms of this Agreement.
By accepting this Public Offer, the Buyer confirms that they have read, understood, and agreed to be bound by all terms and conditions set out herein.
This Agreement constitutes a public contract under Articles 633, 641, and 642 of the Civil Code of Ukraine. Acceptance of this Offer shall be deemed completed upon full or partial payment of the order and constitutes an electronic agreement in accordance with the Law of Ukraine “On Electronic Commerce”.
The Agreement is publicly available at: https://kriy.com.ua/public-offer
It is also made available during the checkout process via the LiqPay payment interface.
The Buyer is strongly advised to review this Agreement, including the Digital Content usage terms, refund policy, and intellectual property provisions, prior to making a purchase.
Contact email: kriy.patterns.studio@gmail.com
Last updated:
1. DEFINITIONS
1.1. Acceptance – the Buyer’s full and unconditional acceptance of this Agreement by completing payment in full.
1.2. Digital Content – digital files provided to the Buyer by granting access to download (PDF, PLT, and other file formats).
1.3. Physical Goods – printed sewing patterns supplied in physical form (paper or cardboard) and delivered via postal services. Physical Goods are sold exclusively within the territory of Ukraine.
1.4. Payment Instruments – electronic payment methods including bank cards, Apple Pay, Google Pay, and other supported methods processed via the LiqPay payment system.
1.5. Buyer – a legally competent natural person or legal entity purchasing goods or Digital Content under this Agreement.
1.6. Seller – Sole Proprietor (Individual Entrepreneur) Nevzorova Kateryna Dmytrivna.
1.7. Website – the Seller’s online store located at https://kriy.com.ua.
2. SUBJECT OF THE AGREEMENT
2.1.The Seller undertakes to provide the Buyer with digital services (i.e., access to Digital Content) and/or transfer ownership of Physical Goods to the Buyer, and the Buyer agrees to accept and pay for them.
2.2. Digital Content shall be deemed duly provided at the moment the Buyer is granted the technical ability to download it (by sending an email or providing access through the Buyer’s personal account). The Buyer’s failure to download the file shall not affect the moment the Seller’s obligations are deemed fulfilled. The Parties agree that no acceptance certificate (certificate of acceptance and transfer) for the digital services (Digital Content) shall be executed. The provision of access to the Digital Content may be evidenced by the Website’s technical records, electronic communications, payment system records, access logs, IP addresses, or other electronic evidence.
2.3. The date and time of the Seller’s performance of its obligations to provide the Digital Content shall be the moment when the Website’s technical systems or the payment system record that access to the files has been provided to the Buyer (including by sending an email or displaying a download link in the Buyer’s personal account). Any subsequent actions or omissions of the Buyer, including downloading or failing to download the files, deleting the files, or the Buyer’s inability to open the files due to technical reasons, shall not affect the Seller’s due performance of this Agreement.
2.4. Images of finished products displayed on the Website are for illustrative purposes only and demonstrate a possible result of using the sewing patterns.
3. FORMATION OF THE AGREEMENT AND PAYMENT
3.1.This Agreement shall be deemed concluded upon the crediting of the payment to the Seller’s account.
3.2. Payment shall be confirmed by an electronic payment document (including a receipt or payment system confirmation), which shall constitute valid evidence of the transaction.
3.3. The price is indicated on the Website in Ukrainian Hryvnia (UAH). On the English version of the Website, the price may be displayed in United States Dollars (USD). Any currency conversion for payments made in USD shall be carried out at the exchange rate applied by the Buyer’s bank or the payment service provider.
3.4. Payment may be made via LiqPay (including payment cards, Apple Pay, and Google Pay) or by bank transfer to the Seller’s Sole Proprietor account.
3.5. Acceptance of the Offer:
3.5.1. The Offer shall be accepted by the Buyer through any of the following actions:
* placing an order on the Website;
* checking the box indicating acceptance of the terms of this Offer (where such functionality is available) before completing the purchase;
* making full payment for the order through the payment system or by bank transfer to the Seller’s account.
3.5.2. Upon the Buyer performing any of the actions specified above, this Agreement shall be deemed concluded in electronic form in accordance with the Law of Ukraine “On Electronic Commerce” and shall have the same legal force as a written agreement signed by the Parties.
3.5.3. The Buyer confirms that, prior to accepting the Offer, they had the opportunity to review the full text of the Offer, the Privacy Policy, the product description, the technical specifications of the files, the refund policy, and the applicable license restrictions.
3.5.4. Acceptance of the Offer may be evidenced by the Website’s and the payment system’s technical records, including the date and time the order was placed, the Buyer’s IP address, email address, payment information, electronic payment documents (receipts or payment confirmations), and any other electronic evidence.
3.5.5. The Parties acknowledge the legal validity of electronic evidence, electronic correspondence, and payment system records as admissible and sufficient evidence of the conclusion, amendment, and performance of this Agreement.
3.5.6. Acceptance of the Offer also constitutes the Buyer’s consent to the processing of their personal data in accordance with the Law of Ukraine “On Personal Data Protection” and the Privacy Policy published on the Website.
4. PROVISION OF DIGITAL CONTENT AND DELIVERY OF PHYSICAL GOODS
4.1. Access to the Digital Content is granted for an unlimited period, subject to the continued technical availability of the Website. Following confirmation of payment, the Buyer shall receive access to the Digital Content automatically or, in the event of technical delays on the part of the payment system or the Website, within 24 hours via the Buyer’s personal account (if created) and/or by email.
4.2. To access the files correctly, the Buyer must have appropriate software installed. PDF files require a PDF viewer (such as Adobe Acrobat Reader), while PLT files require software compatible with wide-format plotters. The Seller does not provide technical support for configuring third-party software or the Buyer’s equipment. The Buyer bears the risk of being unable to access the files due to the absence of the required software or malfunction of the Buyer’s equipment.
4.3. Digital Content intended for the international (English-speaking) audience is provided exclusively in PDF format. PLT files are not available for international orders.
4.4. The Buyer may, at their sole discretion, choose to purchase either a digital sewing pattern (downloadable file) or a printed sewing pattern (physical product). Physical Goods are available only to Buyers located in Ukraine. Delivery is carried out exclusively within the territory of Ukraine (excluding temporarily occupied territories) by the Nova Poshta postal service. International delivery of Physical Goods is not available. Delivery times are determined by the relevant postal operator.
4.5. In the case of the purchase of Physical Goods, the Seller’s obligations under this Agreement shall be deemed duly performed upon handing the shipment over to the postal operator for delivery to the Buyer within Ukraine, as evidenced by the shipping document (including a receipt, waybill, tracking number, or similar proof). Upon transfer of the shipment to the postal operator, the risk of accidental loss of or damage to the shipment shall pass to the Buyer.
4.6. The Seller shall not be liable for delivery delays, loss of, or damage to the shipment caused by the acts or omissions of the postal or courier service provider. Any claims relating to delivery shall be resolved directly between the Buyer and the relevant carrier.
4.7. The Buyer is solely responsible for providing a valid email address and maintaining access to it. The Seller shall not be liable for the Buyer’s failure to receive emails due to an incorrect email address, a full mailbox, or the blocking of emails by the Buyer’s email service provider.
4.8. The cost of delivery of Physical Goods shall be borne by the Buyer in accordance with the carrier’s applicable rates. Upon receipt of the shipment, the Buyer shall inspect the Physical Goods for completeness and any visible damage at the carrier’s collection point.
5. REFUND POLICY AND CLAIMS
5.1. In accordance with the Law of Ukraine “On Digital Content and Digital Services” and Article 13 of the Law of Ukraine “On Consumer Protection”, the Buyer expressly consents to the provision of the Digital Content immediately after payment. Due to the nature of Digital Content as an intangible product, no refunds shall be issued once the Buyer has been granted access to download the Digital Content, except where otherwise expressly required by the laws of Ukraine. By accepting this Offer, the Buyer acknowledges and agrees that the Digital Content cannot be returned once access to it has been provided.
5.2. Physical Goods consisting of printed sewing patterns of proper quality are not subject to return or exchange pursuant to Appendix No. 3 to Resolution of the Cabinet of Ministers of Ukraine No. 172 dated 19 March 1994, as printed publications. Payment for the Physical Goods confirms that the Buyer has reviewed the characteristics of the goods and agrees to receive them without the right to return them on the grounds applicable to goods of proper quality.
5.3. Time Limits for Claims and Technical Support:
5.3.1. Technical Assistance.
If the Digital Content is not delivered to the Buyer’s email address or does not appear in the Buyer’s personal account automatically, the Buyer may contact the Seller’s customer support at kriy.patterns.studio@gmail.com within fourteen (14) calendar days from the date of payment. The Seller shall restore access to the Digital Content or resend the files within two (2) business days.
5.3.2. Quality Claims.
Claims regarding technical errors in the files, non-conformity with the characteristics described on the Website, or the delivery of Physical Goods that do not correspond to the Buyer’s order shall be accepted within thirty (30) calendar days from the date of purchase. Such claims must be submitted to the Seller by email together with supporting photographs, videos, or other evidence.
5.4. The Seller shall not be liable for the Buyer’s subjective assessment of the fit of a garment made using the sewing patterns, provided that the sewing pattern conforms to the size chart and technical specifications published on the Website.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The Seller shall:
6.1.1. Provide the Buyer with access to the Digital Content automatically upon receipt of payment into the Seller’s account.
6.1.2. Hand over the Physical Goods to the Nova Poshta within three (3) business days from the date of payment for the order.
6.1.3. Ensure the confidentiality of the Buyer’s personal data in accordance with the Privacy Policy published on the Website.
6.2. The Seller shall have the right to:
6.2.1. Suspend or terminate the Buyer’s access to the personal account and the Digital Content without prior notice and without refund if the Buyer is found to have infringed the Seller’s intellectual property rights, including by reselling, distributing, or sharing the Digital Content through group purchases or similar arrangements.
6.2.2. Amend this Offer and the prices of the goods unilaterally. Such amendments shall not apply to orders that have already been paid for by the Buyer.
6.2.3. Engage third parties, including printing service providers and delivery service providers, for the performance of this Agreement without obtaining the Buyer’s additional consent.
6.3. The Buyer shall:
6.3.1. Review this Offer, the technical specifications of the files (PDF/PLT), and the size chart available on the Website before making payment.
6.3.2. Provide accurate and up-to-date information (including email address, full name, and telephone number) when placing an order to ensure proper delivery and access to the Digital Content.
6.3.3. Use the Digital Content solely within the scope of the license granted under Section 7 and not provide third parties with access to the personal account or the Digital Content.
6.3.4. Ensure the availability of the software required to open the files and, where PLT files are used, the proper functioning of the plotter.
6.3.5. Not share download links, personal account access credentials, or any other means of accessing the purchased Digital Content with third parties.
6.3.6. Verify the accuracy of the delivery address when ordering Physical Goods. The Seller shall not be liable for failed or delayed delivery resulting from an incorrect or incomplete delivery address provided by the Buyer.
6.4. The Buyer shall have the right to:
6.4.1. Access the purchased Digital Content for an unlimited period, provided that the applicable intellectual property rules and license terms are complied with.
6.4.2. Request clarifications from the Seller regarding sewing instructions to the extent provided in the product description.
6.4.3. Use garments made from the sewing patterns for commercial purposes, including sale through the Buyer’s own atelier, workshop, or manufacturing business.
7. INTELLECTUAL PROPERTY AND LICENSE
7.1. All intellectual property rights, including copyright, in the Digital Content, sewing patterns, instructions, and photographs are owned by the Seller.
7.2. The Buyer is granted a limited, non-exclusive, non-transferable license to use the Digital Content solely for the purpose of making garments for personal use or for the commercial sale of finished garments. No ownership of the Digital Content or any intellectual property rights therein is transferred to the Buyer.
7.3. The Buyer shall not:
* resell the Digital Content;
* publish or distribute the Digital Content through public platforms, chat groups, Telegram channels, group purchases, or similar services;
* use the Digital Content for the creation of educational courses or training materials;
* transfer the Digital Content to any third party.
7.4. In the event of any infringement of the Seller’s intellectual property rights, including unauthorized distribution of the Digital Content through group purchases or similar arrangements, the Buyer agrees to pay the Seller a contractual penalty in the amount of UAH 20,000 (twenty thousand Ukrainian Hryvnias) for each individual violation.
7.5. The Seller may use photographs of garments made by Buyers for marketing purposes only where the Buyer has tagged the Seller’s social media account or has otherwise given explicit consent.
8. LIABILITY
8.1. The Parties shall be liable for any failure to perform or improper performance of their obligations under this Agreement in accordance with the applicable laws of Ukraine and the terms of this Offer.
8.2. The Seller shall not be liable for the Buyer’s inability to access the Digital Content where such inability results from circumstances beyond the Seller’s reasonable control, including Internet service provider failures, cyberattacks, or technical issues on the Buyer’s side.
8.3. The Seller does not warrant that the Website will operate without interruption or be free from errors. The Seller may carry out scheduled maintenance of the Website. In the event of prolonged technical issues affecting the Website, the Seller shall, upon the Buyer’s request, provide access to the purchased Digital Content by alternative means, including by sending a direct download link via email.
8.4. The Seller shall not be liable for the quality of printed sewing patterns where the Buyer uses printing settings, paper sizes, or scaling options other than those specified in the instructions.
8.5. The Seller does not guarantee that the Buyer will achieve any particular result from using the sewing patterns, including that the finished garment will meet the Buyer’s expectations with respect to fit, appearance, or suitability for the Buyer’s individual body measurements.
8.6. The final result obtained from the use of the sewing patterns depends on various factors, including the fabric selected, printing accuracy, correct print scaling, sewing technique, equipment used, and the Buyer’s individual skills.
8.7. Claims relating to the fit, appearance, or quality of the finished garment shall not be regarded as defects of the Digital Content.
8.9. In any event, the Seller’s total liability to the Buyer shall not exceed the amount actually paid by the Buyer for the relevant Physical Goods or Digital Content. The Seller shall not be liable for the Buyer’s subjective assessment of the fit of the finished garment or for the quality of printing performed using the Buyer’s own equipment.
8.10. The Seller does not provide services or sell goods to residents of the Russian Federation or the Republic of Belarus. Payments from such persons will not be accepted, and any access to the Digital Content may be denied or revoked without refund.
8.11. Force Majeure:
Neither Party shall be liable for any failure to perform its obligations under this Agreement if such failure results from force majeure circumstances beyond the reasonable control of the Parties. Such circumstances include, without limitation, armed conflict or military actions, prolonged power outages (blackouts), natural disasters, failures of the Seller’s servers or hosting services, actions of governmental authorities, and any other events beyond the Seller’s reasonable control.
8.12. The Seller shall not be liable for any delay in performing its obligations caused by force majeure circumstances and shall be entitled to extend the time for performance for the duration of such circumstances.
8.13. If the Buyer initiates a chargeback through a bank or payment service provider after having been granted access to the Digital Content, the Seller shall be entitled to provide the payment service provider with all available technical evidence confirming performance of its obligations, including access records, IP addresses, download logs, and other relevant electronic evidence.
9. INTERNATIONAL APPLICATION, GOVERNING LAW, AND JURISDICTION
9.1. The Digital Content is available for purchase by Buyers worldwide, except in jurisdictions subject to restrictions under the laws of Ukraine or applicable international sanctions.
9.2. Physical Goods are delivered exclusively within the territory of Ukraine. International delivery of Physical Goods is not available.
9.3. This Agreement shall be governed by the laws of Ukraine, regardless of the Buyer’s country of residence or location.
9.4. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Ukraine at the Seller’s place of business, unless otherwise required by the mandatory laws of the Buyer’s country of residence.
9.5. The Buyer shall be solely responsible for the payment of any taxes, duties, customs charges, or other mandatory payments that may arise under the laws of the Buyer’s country.
9.6. Where the English-language version of the Website and this Offer is used, the Ukrainian-language version shall prevail in the event of any inconsistency or discrepancy in interpretation.
9.7. For Buyers located in the European Union, the Buyer expressly consents to the immediate provision of the Digital Content following payment and acknowledges that, upon being granted access to download the Digital Content, the Buyer loses any right of withdrawal to the extent permitted under the applicable laws of the European Union governing Digital Content.
10. DISPUTE RESOLUTION
10.1. The Parties shall use their best efforts to resolve through negotiations any disputes or disagreements arising out of or in connection with the conclusion, performance, validity, or termination of this Agreement.
10.2. The Buyer agrees that, for the purposes of dispute resolution, the mandatory pre-trial means of communication shall be correspondence by email and/or by the telephone number provided when placing the order.
10.3. A pre-trial claims procedure shall be mandatory. Each Party shall consider and respond to a claim within thirty (30) calendar days from the date of its receipt by email.
10.4. If the Parties fail to resolve the dispute within the above period, the dispute shall be submitted to the competent courts of Ukraine at the Seller’s place of business, unless otherwise required by the mandatory laws applicable to the Buyer.
11. TERM OF THE AGREEMENT
11.1. This Agreement shall remain in effect from the moment of its acceptance until the Parties have fully performed their respective obligations. Access to the Digital Content through the Buyer’s personal account shall be provided for an unlimited period, subject to the continued technical availability of the Website.
11.2. The Seller may unilaterally amend this Offer and the Privacy Policy without prior notice to the Buyers. Such amendments shall become effective upon publication of the updated version of the Offer on the Website. Continued use of the Website or placement of new orders after such publication shall constitute the Buyer’s acceptance of the amended terms. Such amendments shall not apply to orders that have been fully paid for prior to the publication of the updated version of the Offer.
12. SELLER DETAILS
Sole Proprietor (Individual Entrepreneur) Nevzorova Kateryna Dmytrivna
Tax Identification Number: 3260816366
Address: 02098, Kyiv, Yuriia Shumskoho Street, building 1-A, apartment 25
Email: kriy.patterns.studio@gmail.com
Phone: +380 98 130 4311
Bank: JSC Universal Bank (Monobank)
Single Taxpayer, Group 2