about buying and making jewelry
The customer, hereinafter referred to as the "Buyer", acting on the basis of civil capacity on the one hand, and the EliteGold jewelry studio (ElitGold LLC), represented by director Andrey Alexandrovich Obukhov, acting on the basis of the charter, hereinafter referred to as the "Producer" , on the other hand, guided by the norms of the current legislation of Ukraine, have concluded this agreement on the following:
SUBJECT OF AGREEMENT
1.1. The Buyer instructs, and the Manufacturer assumes the obligation to manufacture and deliver the product (s) to the Buyer, according to the Buyer's order in the Internet store or physically in the studio, of proper quality, with the stamp of the corresponding metal sample of the State Assay Service of Ukraine, as well as the presence of inserts (precious , semi-precious), if any occurred when ordering.
Obligations of the Parties
2.1. The manufacturer undertakes:
2.1.1. To make the products provided for in clause 1.1. of this agreement, in accordance with the requirements specified in the Buyer's order.
2.1.2. To inform the Buyer, at his request, of all information about the progress of the order.
2.1.3. Transfer to the Buyer the product(s), documents for the product(s), the rights to sell and resell the purchased products in accordance with the legislation of Ukraine.
2.1.4. To test the product ordered by the Buyer to confirm the authenticity of the quality of the metal.
2.1.5. Ensure the proper quality of product manufacturing, setting stones, coatings, engravings, etc. according to the norms for the production of jewelry DSTU 3375-96, DSTU 3527-97.
2.1.6. To carry out a replacement of the product, a full or partial refund due to inadequate workmanship of the product at the time of receipt or after receipt by the Buyer within 14 days from the date of receipt, namely:
- defective metal and its technical properties and characteristics that occur during casting of the product or its final processing;
- inconsistencies in the metal sample declared by the Manufacturer at the time of the order by the Buyer;
- incorrect fastening of the insert, lack of holders (prongs), individual elements of the product.
- non-compliance with the technical characteristics of the insert made of precious or semi-precious stones, declared by the Manufacturer at the time of the order by the Buyer;
2.1.7. To carry out a replacement of the product, a full or partial refund due to a written or oral statement of the customer about the return of the product at the time of receipt or after receipt by the Buyer within 3 days from the date of receipt.
2.1.8. To return the prepayment for the manufacture of the product in full, in the absence of circumstances related to the start of the manufacture of this product, in the event of circumstances related to the production process, the customer has the right to return the prepayment amount minus the costs of the stage or stages of production, but not more than the amount of the actual payment.
2.1.9 Carry out warranty repairs within 12 (twelve) months from the date of transfer of the customer's manufactured product at his own expense, including the costs of transportation by the carrier (if necessary), and also carry out post-warranty maintenance according to the price list of services.
2.2. The manufacturer has the right to:
2.2.1. To reimburse the costs associated with the execution of an order under this contract. The total amount of expenses should not exceed the amount agreed upon at the time of order by the Buyer, unless there are additional conditions or circumstances.
2.2.2. To receive remuneration for the execution of an order under this agreement in the amount specified in clause 3.1 of this agreement. The amount of remuneration is included in the price of the product specified in the order.
2.2.3. To change the final cost of the product in case of fluctuations in the exchange rate on the world market, in case of a change in the cost of state duties, if the conditions guaranteeing the Buyer a fixed price for the products described in the "Delivery and Payment" section of the information store elitegold.ua.
2.2.4. To refuse to manufacture one or more products of the Buyer with the subsequent return of the prepayment to the Buyer in full for unmanufactured products.
2.3. The buyer undertakes:
2.3.1. Accept products from the Manufacturer in the amount and terms in accordance with the order made earlier, if there are no circumstances related to the growth of the exchange rate, force majeure, as well as delays in applying the hallmark by the State Assay Service of Ukraine.
2.3.2. Provide the Manufacturer with the necessary information, materials at his disposal to fulfill the obligations of the Manufacturer under this agreement (product size, insert color, insert type, etc.).
2.3.3. Reimburse the Manufacturer for all costs associated with the fulfillment of obligations under this agreement, as well as pay remuneration in accordance with section 3 of the agreement.
2.3.4. Reimburse the Manufacturer for the costs associated with the provision of incorrect information at the time of the order by the Buyer, as well as the costs associated with correcting product defects that arose due to the provision of incorrect information by the Buyer, with the exception of changing the size of the ring, which is once free of charge by the Manufacturer.
2.3.5. Reimburse the Manufacturer for the costs associated with the shipment of the product, if the product meets all the specifications specified when ordering.
2.4. To refuse to manufacture or sell one or more of the Buyer's products without refunding the prepayment in cases where the Buyer did not pick up the products within 30 (thirty) days after notification of readiness, including, but not limited to, pickup from a self-pickup point, a courier call or at a postal service office, and also if he did not notify the Manufacturer about the cancellation of the order and the intention to return the funds.
3.1. Reimbursement of expenses incurred by the Manufacturer, as well as remuneration is made by the Buyer upon ordering or delivery and transfer of the product in cash or by transferring funds to the settlement account (card account) specified by the Manufacturer.
MODIFICATION AND TERMINATION OF AGREEMENT
4.1. The Buyer, as well as the Manufacturer, have the right to terminate this agreement at any time, indemnifying the other party for all losses incurred as a result of the execution of this agreement.
4.2. In case of early termination of this agreement at the request of the Buyer, the Buyer is obliged to pay the Producer a fee in accordance with the terms of this agreement.
4.3. Amendments to this agreement are drawn up by the parties in the same form as the main agreement, by signing additional agreements to the agreement.
4.4. The Agreement comes into force from the moment the Buyer gives his consent on the electronic website elitegold.ua by clicking on the button "I agree (agree) with the Terms of Purchase and the Agreement about the purchase" with the placement of the appropriate icon confirming the Buyer's consent in a special box or informing by phone call or in any other way about the intention to place an order, and confirming the order by making an advance payment to the account specified by the Manufacturer, card account, for cash.
4.5. The Agreement is terminated in cases stipulated by the current legislation of Ukraine.
5.1. The manufacturer is fully liable for the material assets transferred to it by the Buyer for the manufacture of the product from the moment the material assets are received until they are transferred or returned to the Buyer.
5.2. In case of violation of their obligations under this agreement, the Parties shall be liable under this agreement and the legislation in force in Ukraine. Violation of an obligation is its non-fulfillment or improper fulfillment, that is, fulfillment in violation of the conditions determined by the content of the obligation.
5.3. It is explained to the Buyer and the Buyer understands that the Manufacturer is a manufacturer of products presented on the website www.elitegold.ua, is engaged in the production and sale of jewelry, the Manufacturer offers the Buyer a service for consulting, selecting and coordinating the delivery of the products he likes.
5.4. The buyer was explained the norms of Ukrainian legislation, incl. in terms of the fact that jewelry of the appropriate quality is not subject to exchange and return, except as provided in clauses 2.1.6, 2.1.7, 2.1.8.
6.1. The Manufacturer may deviate from the instructions of the Buyer if the interests of the Buyer so require and the Manufacturer could not request the Buyer in advance or did not receive a timely response to his request. In this case, the Manufacturer is obliged to notify the Buyer of the allowed deviations no later than 3 (three) working days from the moment of such deviation.
6.2. The manufacturer has the right to entrust the execution of the product to third parties.
6.3. Jewelry prepared for sale comply with DSTU 3375-96, DSTU 3527-97, have state hallmarks, seals and product labels.
7.1. The Parties are released from liability for full or partial failure to fulfill their obligations under the Agreement in the event of force majeure (force majeure): war and hostilities, illegal acts of state bodies, fire, hurricane, earthquake, etc., or other circumstances that occurred after the signing of the contract and could not be provided for by the parties when concluding the contract.
7.2. The party for which force majeure circumstances have occurred is obliged, without delay, within 10 (ten) business days to notify the other party in writing, by SMS - informing or by e-mail about the beginning and termination of these circumstances, which is confirmed by a certificate from the Chamber of Commerce and Industry Ukraine.
7.3. A party that has not timely notified the other party of the effect of force majeure circumstances has no right to refer to these circumstances as grounds for exemption from liability for failure to fulfill obligations under the contract, except in cases where force majeure circumstances do not allow informing the other party.
7.4. The parties are released from liability for failure to fulfill their obligations for the duration of the circumstances specified in clause 7.1 of this agreement. In the event that these circumstances continue for more than one month, each of the parties has the right to terminate the contract unilaterally and is not liable for termination, provided that it warns the other party about this no later than 10 (ten) business days before termination.
Certificate No. 42655215
Phys. address: Kyiv, (St. Mikhailovskaya, 22B)