Public offer agreement
Fat Cat Art, hereinafter referred to as the “Seller”, represented by the «Shop.FatCatArt.com» online shop, has published the present public offer agreement addressed both to individuals and legal bodies, hereinafter referred to as the “Customer” as follows:
1. Subject of the Public offer agreement
1.1. The Seller undertakes to transfer purchased Items to the possession of the Customer, while the Customer undertakes to pay and accept Items ordered in the «Shop.FatCatArt.com» online shop (hereinafter Items) according to the conditions of this Agreement.
2. The Agreement’s Conclusion
2.1. The text of the present Agreement is a public offer.
2.2. The acceptance of the present Offer (Agreement) is the Customer’s order for an Item in accordance with the terms of the present Offer.
2.3. Making an Order of an Item and payment transfer are executed through the Customer’s order in the «Shop.FatCatArt.com» online shop.
3. Items characteristics
3.1. Due to the different technical characteristics and settings of different computer monitors, the color of an Item (print, poster, etc.) can vary from one represented on the website.
4.1. Prices at the online shop are stated in USD and converted into other currencies according to the Seller’s country exchange rates.
4.2. Prices of shipping of purchased Items are indicated in the online shop and depend on the type of courier delivery chosen by the Customer. Couriers determine their own prices of delivery.
5.1. An item is considered to be paid from the moment of receiving 100% prepayment on the Seller’s account.
5.2. Items to be supplied to the Customer according to the price, modification, and quantity indicated, and prepaid by the Customer.
6.1. Shipping of an ordered Item is executed on a specific day and time at the stated address to the person, stated by the Customer as to the Recipient of an Item while placing the order.
6.2. Absence of the Recipient or not committing other actions required to accept purchased Items can be considered by the Seller as Customer failure to fulfill the Agreement.
6.3. International orders may be subject to import duties and taxes. Fees, if charged, depending on the country of delivery, and must be paid to the local tax authority upon receipt of your package. The seller is unable to predict whether or not you will be charged a fee or what that fee might be. Please contact your local customs office for further information.
Please note: International shipments may be delayed by the customs process beyond the Seller’s control.
7. Rights and Obligations of the Parties.
7.1. The Seller undertakes:
7.1.1. To process the personal data of the Customer and ensure their confidentiality in the order established in accordance with the current legislation of the USA.
7.1.2. To provide the Customer with free phone and e-mail consultations regarding order performance.
7.2. The Customer undertakes:
7.2.1. To read the content and terms of the Agreement, Price lists for Items, suggested by the Seller in the «Shop.FatCatArt.com» Online-Shop.
7.2.2. In order for the Seller to perform obligations to the Customer, the latter should present all the necessary data definitely identifying the Customer as such and sufficient to provide for delivery of Items paid for to the Seller.
7.2.3. To pay for Items and their delivery on terms and conditions of the present Agreement.
8. Responsibility of the Parties.
8.1. The Parties bear responsibility for failure in performance or inappropriate performance of the terms and conditions of the present Agreement in accordance with the current legislation of the USA.
8.2. The Seller doesn’t bear responsibility for Items delivery in case the Customer provided the wrong delivery address.
8.3. The Seller is not responsible if Customer expectations about consumer properties of Items were not justified if they differ from ones indicated at the «Shop.FatCatArt.com» site
8.4. The Sellers is not responsible for the partial or complete failure of delivery of Items in case of force majeure circumstances.
8.5. Making the Order The Customer is automatically responsible for the correct data information provided and also confirms that the terms of this Agreement are read and agreed upon.
8.6. The Parties undertake to try and solve all disputes and arguments caused by failure to perform or inappropriate performance of their obligations under the present Agreement by means of negotiations. In case consent cannot be reached by negotiations, disputes and arguments shall be resolved in court according to the current legislation of the USA.
9. Return and Exchange
9.1. Each item from the «Shop.FatCatArt.com» shop is produced under the individual order and can be exchanged or refunded only in case of faulty (scratched, spotted) or damaged during shipping. The color rendering of the purchased prints and posters may not match the color of the image on the Customer’s monitor, which is not considered to be faulty because it depends on the individual settings of the Customer’s computer and its technical specifications.
9.2. If the Customer receives a faulty or damaged item, the Customer should claim the fault or damage within 5 days of delivery by email to firstname.lastname@example.org to return or exchange the item. A photo of the damaged item with a detailed description of the problem should be attached to the message.
9.3. The Customer pays all the necessary transportation costs related to the item’s return.
10. Force Majeure.
8.1. Any of the Parties are discharged from the responsibility for complete or partial failure to perform their obligations under the present Agreement if the said failure was caused by force majeure circumstances, which arose after the present Agreement was signed. “Force Majeure Circumstances” means extraordinary or emergent events or circumstances, that the Party could not foresee or prevent by any available means. Such emergent events or circumstances include as follows: strikes, flood, fire, earthquakes, and other Acts of God, wars, military actions, actions by the USA or foreign state authorities as well as any other circumstances exceeding the limits of reasonable control by any of the Parties. Changes of or amendments to the current legislation or legal acts, which influence directly or indirectly any of the Parties, are not considered Force Majeure; however, in case such changes or amendments are introduced, which prevents any of the Parties from performing any of their obligations under the present Contract, both Parties undertake to immediately make a decision on the order of their actions to solve the problem and provide for the Parties to continue performing their obligations under the present Contract.
11. Governing Law
The laws of the USA will be the governing laws in the event of any dispute.
12. Term of the Agreement
11.1. This Agreement is valid from the moment of making an order in the online shop «Shop.FatCatArt.com» until the fulfillment of the obligations by both sides.
12. The Seller of the «Shop.FatCatArt.com» Online shop is: