Brima.d LLC Tax Reference – 42870043 (hereinafter referred to as the Contractor) proposes to conclude this Agreement (hereinafter referred to as the “Offer”) on the basis of applicable law with any individual (hereinafter referred to as the “Customer”) on the conditions set forth below.
- Terms and definitions
In this Public Offer (hereinafter referred to as the “Offer”) the following terms and definitions are used equally in the singular and in the plural, in the following meanings:
Offer (Agreement) – this public offer for sewing an Order posted on the Site.
Site – a site on the Internet located at https://www.brimakids.com/, the rights to this Site belong to the Contractor.
The Contractor is Brima.d LLC Tax Reference – 42870043, which is a party to this Agreement.
Customer – a competent individual who has contacted the Contractor to tailor the Product according to Individual Characteristics.
Product – represents any clothing created according to the individual parameters of the customer, in accordance with the order form.
Order – an individual order, according to which the Contractor and / or the Third Party undertakes to tailor the Product in accordance with the Order Form. The order is created by the Contractor and / or a Third Party for further use of the Product exclusively by the Customer.
Order form – a form containing the Individual parameters of the Customer and the Individual characteristics of the Product, in accordance with which the sewing of the Product is carried out. The order form is an integral part of this Agreement.
Customer’s individual parameters – height, clothing size, chest, waist, hips, back, sleeves, shoulders, etc. Individual parameters are filled in by the Customer independently when filling out the Order Form.
Individual characteristics of the Product – fabric, color, style, length, lining fabric, accessories, etc., which are indicated by the Customer of his choice.
Third parties – persons to whom the Contractor has the right to entrust the sewing of the Product.
Communication channels – e-mail, WhatsApp, Viber, Telegram, sms, chat on the website, etc. Courier service – a person who provides the Customer on behalf of the Contractor with a delivery service for the Product (for example, Pony Express, Ukrposhta, DHL).
Parties – jointly referred to as the Contractor and the Customer, unless otherwise follows from the context of the provisions of this Offer.
- Subject of the contract
2.1 Under this Agreement, the Contractor undertakes to fulfill the Customer’s Order for sewing the Product independently and / or with the involvement of Third Parties according to Individual Parameters and Individual Characteristics, and the Customer undertakes to accept and pay for the Product.
2.2 The product is made from our own materials (fabric, lining fabric, accessories, etc.), using our own resources and funds of the Contractor and / or Third Parties acting on the order and / or order of the Contractor.
2.3 An order for tailoring the Product is contained in the Order Form and includes all parameters of the manufactured Product, including, including the Customer’s individual parameters and the Product’s individual characteristics.
2.4. The order must be completed within the time period provided for by each individual product and agreed with the customer, from the moment of proper filling and sending to the Contractor by the Customer an Order Form and receipt of 100% payment for sewing the Product (on the last event).
2.5 Amendments to the Order Form accepted by the Contractor by the Customer are possible only with the agreement of the Contractor. The customer is obliged to make an additional payment for making changes to the Order, within 3 (three) days from the date of approval of the amended Order Form.
2.6 If during the execution of work there is a need to adjust the timing of the work, such changes shall be agreed by the Parties.
3.1. The order is placed by ordering the proposed products on the website that will be made in the style proposed by our designer or individual offers of the customer using the customer’s communication channels provided for by this Agreement.
3.2. When placing an Order, the Customer guarantees that the used mobile phone contact number and email address are his own.
3.3. When placing an Order, the Customer informs the Contractor of the Individual parameters and the Individual characteristics of the Product necessary for sewing the Product. Based on the totality of the group of individual parameters (chest circumference, waist, hips, height), the Customer determines the size of the Product in accordance with the Contractor’s size chart.
3.4. The order form is sent by the Customer to the Contractor through the Communication Channels. The Contractor, if possible, complete the Order, confirms it and / or clarifies the issues with the Customer.
3.5. After the approval of the Order Form, the Customer undertakes to pay for the Order within 3 (three) days.
- Cost. Payment order
4.1 The total cost of completing the Order, including sewing the Product and delivery, is indicated in the Order Form.
4.2. Payment shall be made by the transfer of funds by the Customer in the amount of 100% prepayment to the account of the Contractor within 3 (three) days from the date of approval of the Order Form.
4.3 The Customer’s obligation to pay for the Order shall be deemed fulfilled on the day the funds are credited in full to the account of the Contractor.
- Acceptance of the result of work
5.1. The Contractor and / or the Third Party informs the Customer about the readiness of the Product through the Communication Channels.
5.2. The Contractor and / or the Third Party ensures the delivery of the finished Product through the Courier service to the Customer’s address. The delivery time of the Product to the Customer is determined by the established regulations of the Courier Service. The delivery address is indicated by the customer in the application form.
5.3. If the Customer has not accepted the Order within the time period set by the Parties, the date of re-delivery shall be agreed by the Parties. The cost of re-delivery is paid by the customer.
5.4. When concluding this Agreement, the Customer is aware that the Product is created according to the Customer’s Individual Parameters, with the Individual characteristics selected by the Customer, and is intended to be used exclusively by the Customer, since the totality of the individual factors of the Product is not valuable to any other consumer. In accordance with the current legislation in the law “On Protection of Consumer Rights”, the Customer is not entitled to refuse the Product of good quality, since the Product has individually defined properties and, on the basis of paragraph 1 of this paragraph, is not subject to exchange and return.
5.5. In the event that defects in the Product are found (namely, if the Order Form does not comply with the Order Form as an integral part of this Agreement), the Customer has the right, in accordance with the Law “On Protection of Consumer Rights”, to contact the Contractor with a request to correct the defects, the Contractor independently and / or with the involvement of a Third Party gratis correct the defects indicated by the Customer.
- Rights and obligations of the Parties
6.1. The Contractor undertakes:
6.1.1. Accept the Order, execute independently and / or with the involvement of Third Parties the fulfillment of the Order for tailoring the Products of good quality according to the Individual Parameters and the Individual characteristics of the Customer, using their own materials and equipment, in the amount and within the time stipulated by this Agreement:
6.1.2. Ensure the delivery of the Product to the Customer’s address through the involvement of the Courier service.
6.2. The Contractor has the right:
6.2.1. To increase the cost of fulfilling the Order under this Agreement if the Customer makes changes to the accepted Order.
6.2.2. Involve Third Parties in the execution of the Order without obtaining prior consent and informing the Customer.
6.2.3. Prematurely terminate this Agreement in case of violation by the Customer of the terms of this Agreement.
6.2.4. Demand timely payment from the Customer in accordance with clause 4.2 of the Agreement.
6.2.5. To ask the Customer for clarification and clarification regarding the order execution procedure.
6.2.6. Independently determine the methods and procedure for completing the Order.
6.3. The customer undertakes:
6.3.1. Properly fill out the Order Form, in which it is obliged to indicate its own Individual parameters and Individual characteristics of the Product. The customer guarantees that the individual parameters provided by him are reliable.
6.3.2. Timely pay the Contractor the Order in accordance with clause 4.2 of this Agreement
6.3.3. Send the completed Customer Order Form to the Contractor using Communication Channels.
6.3.4. Provide an answer and / or adjust the data in the Order Form within 1 (one) day if the Contractor asks for clarification of the data presented in the Order Form and / or the Contractor has questions to the Customer regarding the completed Order Form.
6.3.5. Timely make a surcharge in full and within the time period specified in clause 2.5.
6.4. The customer has the right:
6.4.1. Demand from the Contractor the proper performance of obligations in accordance with this Agreement.
6.4.2. Request Contractor information on the progress of work.
6.4.3. The Customer is not entitled to: – Return and / or exchange the Product, since the Product is created on the basis of the Customer’s Individual Parameters and with Individual Characteristics at the Customer’s choice and for the use of the Product exclusively by the Customer. – Refuse the created Product due to the dissatisfaction of the fabric structure, size, style, configuration, color, color combinations of the used fabrics, type of fabric, accessories, etc.
- Responsibility of the parties
7.1. For failure to fulfill or improper performance of obligations under this Agreement, the Parties shall be liable under this Agreement and applicable law.
7.2. In the event that the Contractor violates the terms of the work under this Agreement, the Customer has the right to demand from the Contractor a fine (penalty) in the amount of 0.1% of the cost of the Order for each day of delay, but not more than 5% of the cost of the Order.
7.3. In the event that the Customer violates the payment terms, in accordance with clause 4.2., For more than 2 calendar days, the Order Form is considered unconfirmed and requires re-confirmation of the availability of opportunities by the Contractor. In this case, the Contractor has the right to terminate this Agreement unilaterally without notifying the Customer.
7.4. In case of violation by the Customer of the payment terms provided for in cl. 2.5, 4.2 of this Agreement, the Contractor has the right to demand from the Customer the payment of a fine (penalty) in the amount of 0.1% of the cost of the Order for each day of delay.
7.5. The payment of fines (penalties) does not exempt the Parties from fulfilling the obligations assumed under this Agreement.
- Terms of processing personal data
8.1. The customer gives his consent to the processing of personal data to the Contractor. The user confirms that the consent to the processing of personal data is complete and informed. The customer provides the Contractor with his personal data, namely: last name, first name, middle name (if any), address, contact phone number. Special categories of personal data are not processed. Biometric personal data is not processed.
8.2. The purposes of processing personal data is the execution by the Contractor of this contract.
8.3. The processing of personal data is carried out in accordance with applicable law and includes the collection, systematization, accumulation, storage, clarification (update change), sorting, use, depersonalization, blocking, destruction. The Contractor processes personal data using automation tools, and without the use of automation tools.
8.4. The Customer, fulfilling this Agreement, gives his consent (written consent) to the transfer by the Contractor of the Customer’s personal data to third parties for the purposes of the execution of this Agreement.
8.5. Personal data is processed for a period of 5 (Five) years. Storage of personal data is carried out in accordance with applicable law and other normative legal acts in the field of archiving and archival storage.
8.6. Consent may be revoked by the User by sending a written review to the Contractor.
- Copyright protection
9.1. The site contains the results of intellectual activity owned by the Contractor, its affiliates and other related parties, representatives, all other persons acting on behalf of the Contractor.
9.2. Using the Site, the Customer acknowledges and agrees that all content on the Site, all design products presented and the content structure of the Site are protected by copyright, trademark rights and other intellectual property rights, and that these rights are valid and protected in all forms, on all media and in relation to all technologies, both existing at present and developed or created subsequently. No rights to any content of the Site, including, but not limited to, audiovisual works, text and graphic materials, computer programs, trademarks, are transferred to the Customer as a result of using the Site and entering into this agreement.
9.3. When quoting materials from the Site, if this is expressly provided for by the functions of the Site, the Customer agrees to indicate a link to the Site.
9.4. In case of violation by the Customer of the provisions of this agreement regarding the protection of the Contractor’s copyright, the latter has the right to demand compensation in the amount of 5,000 (five thousand) dollars for each case of violation, as well as compensation for all losses incurred, including lost profits.
- Dispute Resolution
10.1. All disputes and disagreements that may arise in the performance of the terms of this Agreement, the Parties will endeavor to resolve through negotiations.
10.2. The parties undertake to comply with the claims dispute resolution procedure. The response to the claim received by the Party shall be obliged to provide within 30 (thirty) days.
10.3. Disputes that are not resolved through negotiations shall be resolved in court at the location of the Contractor.
- Final Provisions
11.1. This Agreement is valid until the performance of obligations by the Parties.
11.2. The Customer confirms that all the conditions of this Agreement are clear to him, and he accepts them in full.
11.3. The Contractor has the right to unilaterally make changes to the Offer. The current version of this Offer is posted on the Site.
11.4. The Parties acknowledge that any correspondence sent through the Communication Channels has the same legal force as documents drawn up in writing and can be used as evidence.
11.5. The Customer hereby expresses its consent to receive from the Contractor by any of the information, marketing and / or advertising materials specified when ordering, aimed at promoting the Contractor’s goods and services, including those involving the investment of materials in the packaging with the Product. The Customer has the right to refuse to receive the indicated informational, marketing and / or advertising materials at any time by sending such refusal to the Contractor.
11.6. In all that is not expressly provided for by this Agreement, the Parties shall be governed by applicable law.