Public offer

Last update: 01.08.2019

This Agreement is a public offer to conclude a sale and purchase agreement of Studio Evolution Products under terms set out below and an integral part of the End User License Agreement.

I.   GENERAL TERMS AND DEFINITIONS

I.1.   The definitions contained in the Agreement shall be interpreted as follows:

I.1.1.   Agreement – this agreement, which is a public offer within the meaning of Applicable Law (the Seller’s public offer, addressed to an unlimited number of persons, to conclude a sale and purchase agreement remotely under the conditions contained in this Agreement).

 

I.1.2.   Order – an application of the User for the Product purchase, executed in accordance with the provisions of this Agreement.

 

I.1.3.   Buyer – a User who has reached the age established by the Applicable Law, has sufficient legal capacity to conclude such agreement and has placed an Order on the Website.

 

I.1.4.   Seller – STUDIO EVOLUTION UKRAINE LLC, a legal entity under laws of Ukraine, company’s identification code 39834859, location: 65026, Odessa, 11 Polish descent, off 2, or its associated companies (company).

 

I.1.5.   Product – Studio Evolution Product within the meaning of End User License Agreement.

I.2.   All other terms used in this Agreement which are not defined in clause 1.1 hereof shall be interpreted in accordance with the provisions of the End User License Agreement.

I.3.   The Agreement shall be deemed to be concluded and its terms to be unconditionally accepted by the Buyer from the moment of making payment for the Product. Obligations of the parties arise from the moment of conclusion of the Agreement.

I.4.   This Agreement shall be valid from the moment of its conclusion until withdrawal of the offer by the Seller.

I.5.   By making accept (acceptance of the terms) of this Agreement, the Buyer also accepts the End User License Agreement and the Privacy and Personal Data Policy.

II.   SUBJECT MATTER

II.1.   According to procedures and conditions stipulated by this Agreement, the Seller is obliged to sell a Product (Products) specified in Buyer’s Order, and the Buyer is obliged to accept and pay for the Product.

II.2.   The range, prices of Products are determined by the Seller and published on the Website and may be changed by the Seller at any time by posting updated range, prices on the Website. Unilateral change of the Product’s price paid by the Buyer is prohibited.

II.3.  The Seller guarantees that the Product is not pledged, is not in dispute, is not under arrest and the rights of third parties do not apply to it.

III.   PROCEDURE FOR PRODUCT PURCHASE

III.1.   The Buyer places an Order on the Website independently, by clicking button “Buy” under the selected Product. Then in the dialog box “Checkout for a purchase” the Buyer shall select a complete set (if available) of the Product, indicate name, phone number and notes (if necessary) and presses the “Send” button.

III.2.   The Buyer shall be responsible for providing incorrect information, which caused impossibility to properly fulfill the Seller’s obligations.

III.3.   After the ordering form is sent, the Seller’s call center operator communicates with the Buyer by sending an email to the email address specified by the Buyer, or by a phone call to the phone number specified by the Buyer, for confirmation of the Order details, agreeing the delivery method and date, which depends on the availability of the ordered Products at the Seller’s warehouse and the time required for the Order’s processing and delivery.

III.4.   If it is impossible to contact the Buyer within 3 (three) days after placing the Order on the Website, the Seller shall be entitled to cancel the Order unilaterally.

III.5.  In case of absence of the Product ordered by the Buyer in stock, the Seller shall have a right to cancel the Order unilaterally, by notifying the Buyer by phone or by sending an email to the Buyer’s email address.

III.6.   The Seller shall not be responsible for the correctness of the Order and Buyer’s choice of the Product. Checkout means sufficient and complete familiarization of the Buyer with the technical characteristics of the Product, its functionality and warranty service conditions.

III.7.   The Seller guarantees that the technical and other characteristics of the Products indicated on the Website are authentic. However, descriptions, specifications, other information about the Products are not exhaustive and may contain typographical errors and be irrelevant. To get clarifications with regard to the Products, the User (Buyer) shall contact the Seller by the telephone number indicated on the Website or mail to info@studio-evolution.com.

III.8.   Photos of the Products on the Website are simple illustrations of it and may differ from the Products’ actual appearance. The colors of the Products on the Website may not correspond to reality due to the difference in the color rendition of monitors.

III.9.   By placing an Order, the Buyer (User) agrees that the Seller may entrust the execution of the Agreement to a third party.

IV.   PAYMENT CONDITIONS

IV.1.   The Products’ price on the Website is indicated excluding shipping cost. Shipping cost is calculated individually and shall be paid by the Buyer separately.

IV.2.   Payment for the Order can be made by the Buyer in the following ways:

IV.2.1.   to the Seller’s bank account;

IV.2.2.   by using a payment system available on the Website. In this case, the
Buyer makes settlements in the manner and on according to procedures set forth by the rules of operation of the relevant payment system.

IV.3.  The Buyer shall make payment within 2 (two) business days from the moment the Order is confirmed. In case the payment is not performed within the prescribed period, the Seller shall have a right to cancel the Order unilaterally.

IV.4.  The Buyer’s obligations to pay for the Order shall be deemed fulfilled from the moment of crediting of 100% payment for the Order to the Seller’s bank account.

IV.5.  The Seller has the right to provide discounts, implement a bonus programs or promo codes. Types of discounts, bonuses and promo codes, the procedure and conditions for their charging are indicated on the Website and can be changed unilaterally by Seller.

V.   DELIVERY

V.1.   Delivery method and conditions shall be agreed with the Buyer by phone. Upon the Buyer’s discretion the Order can be shipped by courier, transport company or picked up from the Seller’s office.

V.2.   The cost of delivery of each Order is calculated individually, based on delivery method and shipment address and shall be agreed with the Buyer during the phone call or in a letter sent to the Buyer’s e-mail address.

V.3.  The risk of accidental loss or accidental damage to the Order passes to the Buyer from the moment the Order is transferred to it and the recipient places the signature on the documents confirming the delivery of the Order.

V.4.   In the case of delivery of the Order by courier or transport company, the Seller insures the shipment at its full cost.

V.5.   In case of non-delivery, loss or accidental injury of an Order during delivery, the Seller shall replace the Order free of charge. In this case, the Buyer shall not pay for delivery.

VI.   TERMS OF REFUNDMENT

VI.1.   Refundment and replacement of the Product shall be carried out in accordance with the Applicable law.

VII.   LICENSE TERMS AND INTENDED USE OF KARAOKE SYSTEMS

VII.1.   The Product (karaoke systems) is subject to copyright and related rights protection legislation.

VII.2.   The Buyer may use the Product for commercial and non-commercial purposes.

VII.3.  The Product’s use for non-commercial purposes, in particular at home without public performance, does not require any permit.

VII.4.  In case of purchase and use the Product for commercial purposes (for the purpose of making a profit), including using the Product for the public performance of its content, the Buyer undertakes to obtain a permission for public performance of copyright and related rights objects or their copies by using the Product in accordance with the Applicable law, as well as to make payments for such use in accordance with the Applicable law.

VII.5.  Obtaining a public performance permit shall be made in the form of conclusion of respective license agreement between the Buyer and an authorized organization Applicable law.

VII.6.  By using the Product (karaoke system) for commercial purposes, the Buyer is obliged to comply with the Applicable Law and is solely responsible for its commercial activities, including commercial activities related to the Product’s use.

VIII.   RESPONSIBILITY OF THE PARTIES

VIII.1.   The Seller shall not be liable for damage caused to the Buyer due to improper use of the Product, its unintended use or violation of the user’s manual.

VIII.2.   The Seller shall not be liable for the improper, untimely fulfillment of the Order and its obligations under this Agreement in case the Buyer provides false and incorrect information.

VIII.3.  Parties are liable for the obligations fulfillment under this Agreement in accordance with the Applicable Law.

VIII.3.  Parties are exempt from liability for full or partial failure to fulfill their obligations if such failure is the result of such insurmountable circumstances as: war or hostilities, earthquake, flood, fire and other natural disasters, acts or actions of public authorities that have arisen independently of Parties’ will after conclusion of this Agreement. A Party that cannot fulfill its obligations in connection with such circumstances is obliged to notify the other Party immediately and provide documents confirming the existence of such circumstances issued by authorized bodies.

IX.   FINAL PROVISIONS

IX.1.   All and any disputes arising between the Buyer and the Seller shall be settled by way of negotiations. If it is impossible to settle the dispute out of court, the dispute shall be resolved in a court.

IX.2.   The Seller reserves the right to amend the Agreement at any time. Such amendments shall take effect from the moment they are published on the Website. Amendments to the Agreement may be introduced in a separate addendum or restated in a new edition.

IX.3.  The Seller has the right to change its contact details without prior notice to the Buyer, provided that the new contact details are published on the Website and in this Agreement.

IX.4.  The Seller is entitled to assign or otherwise transfer its rights and obligations arising from its relations with the Buyer to third parties without the Buyer’s consent.