Terms of Sale

These Terms of Sale create a legally binding agreement between you (“you” or “User”) and MAKHNO which apply to your purchases of any products from the Site, except to the extent that you have entered into a separate written agreement with MAKHNO that supersedes some or all of these Terms of Sale. Other than as specifically provided in any separate written agreement between you and MAKHNO, these Terms of Sale may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these Terms of Sale. MAKHNO’s Terms of Use and Privacy Notice are incorporated herein by this reference.

2.1 The catalogue of MAKHNO products is made available for you on the Site. All of the proposed products are not ready-made products, but are crafted specially for you by our professionals. Therefore, the product you receive may differ to some extent from the one pictured in the catalogue. You hereby acknowledge and understand that such minor differences shall not be considered a defect or other nonconformity with your order. 

2.2 In describing and portraying our products on the Site, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other content is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. 

2.3 We may revise or discontinue products at any time without prior notice to you. All prices on the Site are subject to change without notice.

3.1 You must be of legal age in your country to place an order on the Site. Otherwise, you can make a purchase only with involvement of a parent or guardian. 

3.2 To place an order on the Site you need to choose the product, its quantity and other available features and add it to the cart. At the checkout you will be asked to provide your personal customer information. Please read our Privacy Notice to know more about how we treat your personal data. 

3.3 Within 3 (three) business days upon your order submission our sales manager will contact you to verify the terms of shipping, thereafter we will send you an email acknowledging the receipt of your order (“Order Confirmation”) and invoice under paragraph 4.3 of these Terms of Sale. 

3.4 You may cancel your order free of charge and without giving us any reason prior to receipt of the Order Confirmation or payment of invoice. If you wish to cancel your order, please contact us at support@makhnostudio.com.

3.5 MAKHNO reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

4.1 The prices are displayed on the Site in US Dollrs and exclusive of import taxes, duties and shipping costs. You will have to pay all import taxes and duties applicable in your country upon the receipt of the ordered product.

4.2 Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation. We reserve the right to apply at its own discretion discount to prices for specific users and/or during a particular period. If we publish special offers on the Site, they are subject to certain conditions laid down in the details of such offers available on the Site.

4.3 Upon verifying the terms of shipping, as set forth in paragraph 3.3 of these Terms of Sale, we will send you an invoice in addition to the Order Confirmation. The price indicated in the issued invoice contains both the price of the product(s) and the shipping costs, subject to Section 5 of these Terms of Sale. 

You shall pay an invoice within 7 days from the date of its issuance. 

4.4 As soon as we receive your payment for the ordered product(s), a contract, the terms of which are laid down in these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). Under the Contract we are obliged to craft and ship the product(s) in the time, assortment, quantity and to the place as set forth in the Order Confirmation, and you are obliged to accept the product(s) at the place of shipping.

WHERE?

We ship our products worldwide. When you place an order on our Site, your order will be shipped to the address indicated by you.

You acknowledge that you are solely responsible for any mistakes made in your shipping address and we are not obliged to reship your order in case of your mistake. We may but are not obliged to require verification of information prior to the acceptance and/or shipping any order.

WHEN?

We do not process orders and ship on Saturday and Sunday and on certain public holidays. 

Your order will be shipped once the items are crafted, your payment is approved and the receiving address is verified. The duration of crafting process depends on a type and quantity of products and usually takes from 30 to 45 days. The exact time of production of the products will be indicated by the manager before issuing an invoice for payment or after making a purchase through the Site.

As soon as your order is dispatched, you will be notified by email. 

HOW CAN I SELECT A SHIPPING METHOD?

As soon as you provide all necessary personal customer information at the checkout, you will proceed to the choice of shipping methods. 

You can choose any shipping service exercising international deliveries to your country. If you are not sure, which shipping service you want to choose, please contact us at support@makhnostudio.com for help. 

Given we only arrange the shipping, your product(s) will be shipped under the terms of the chosen shipping service. 

As soon as you indicate the preferred shipping method, we will contact you to verify the shipping details. 

WHICH SHIPPING RATES APPLY?

Shipping rates are applied per order and correspond to the rates of the chosen shipping service.

The shipping costs are payable on the basis of issued invoice under paragraph 4.3 of these Terms of Sale. 

INSPECTION UPON RECEIPT

Title to and risk of loss of the product(s) passes from MAKHNO to you upon your receipt of product(s) from the carrier. Upon shipping, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

If you have any questions regarding shipping, please contact us at: support@makhnostudio.com. 

STATUTORY RIGHT OF WITHDRAWAL (FOR EEA CITIZENS ONLY)

If you are an EEA citizen, you have the right to withdraw from this contract within fourteen (14) days (“withdrawal period”) without giving any reason. You must send back or submit the unused item in its original packaging, in its original condition, with all original tags still attached immediately upon informing us about the withdrawal from the Contract of sale at support@makhnostudio.com.

If you withdraw from a contract of sale during the withdrawal period, we will reimburse all payments we received from you, including shipping costs. 

For this repayment we shall use the same method of payment that you used making the original transaction, unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances. We may withhold reimbursement until we have received the returned products, or until you have submitted proof that you have returned the products, whichever comes earlier.

You do not have a right of withdrawal for contracts regarding the:

• delivery of products that are made to your own specifications or which are clearly personalized, except in the case of manufacturing defects; and/or
• delivery of products which are not suitable to be returned for health or hygiene reasons and where a seal was removed after shipping.

 

HOW CAN I RETURN A PRODUCT?

In order to return a product within the withdrawal period, if you are an EEA citizen, you shall notify us of your decision at support@makhnostudio.com and send the duly packed product to the following address: 2 Henerala Shapovala Street, of. 482, Kyiv, Ukraine, 03035, within a withdrawal period. You must pay for shipping services, when returning a product. 

 

HOW (AND HOW SOON) WILL I RECEIVE MY REFUND?

You will receive your refund within 30 business days from the time of our receipt of return confirmation. The total price paid for the order product and its shipping to you will be refunded back to your original form of payment.

CAN I EXCHANGE MY PRODUCT(S)?

Exchanges for products purchased from the Site are not available, because all the products you receive are unique and crafted specially for you.

 

WHAT SHOULD I DO IF I RECEIVE A DAMAGED OR DEFECTIVE PRODUCT?

If you consider the product purchased from the Site to be damaged or defective, please take a photo of the defect and send us at support@makhnostudio.com with your request for product exchange. If we find it damaged, defective or flawed, we may agree upon price reduction or full refund.

We do not refund products:

• defective by reasons other than materials quality, assembly process or manufacture defects;
• that have been damaged by abuse or negligence (e.g. exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.);
• that have been damaged by misuse or activities other than the intended purpose.

 

If you have any questions regarding return and refund, please contact us at: support@makhnostudio.com.

Please note that under the legal warranty of conformity, you: 

• have 2 years as of receipt of the product to submit a claim; 
• may choose between repair or refund of the product, subject to Section 6 of these Terms of Sale.  

Any other warranty is disclaimed under Section 5 of the Terms of Use.

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, government shutdown, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:

a) We will contact you as soon as reasonably possible to notify you; and

b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 

Where the Event Outside Our Control affects our shipping a product to you, we will arrange a new shipping date with you after the Event Outside Our Control is over. You may cancel the shipping, as provided in paragraph 3.4 of these Terms of Sale, if an Event Outside Our Control takes place and you no longer wish us to provide the product(s).

In no event shall MAKHNO, its directors, members, employees or agents be liable for any lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, arising out of or in any way connected with any purchase made on the Site. To the full extent permitted by law, MAKHNO’s liability shall be limited to the amount actually paid for the purchase of products from this Site.

10.1 We may transfer our rights and obligations under the Contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale. 

You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing. 

10.2 If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. 

10.3 These Terms of Sale and your purchase of products from the Site shall be governed by and construed in accordance with the laws of Estonia, without resort to its conflict of law provisions. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the Estonian courts over any suit, action or proceeding arising out of or in connection with these Terms of Sale.

10.4 If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.

Any questions or complaints about these Terms of Sale or any product purchased using the Site may be directed to support@makhnostudio.com

11.1. MAKHNO and User warrant to each other that

(a) MAKHNO and User are not subject to sanctions of the United Nations Security Council, the Office of Foreign Assets Control of the U.S. Department of the Treasury, the Department of Commerce Bureau of Industry and Security of the United States, the U.S. Department of State, the European Union, Ukraine, the United Kingdom or any other state or organisation whose decisions and actions are legally binding (hereinafter referred to as “Sanctions”);

(b) MAKHNO and User do not cooperate with or have any affiliation with any person subject to Sanctions.

11.2. In the event that Sanctions are imposed on the User or the User cooperates with a person subject to Sanctions, the User undertakes to notify us immediately at support@makhnostudio.com.

11.3. MAKHNO and User warrant to each other that they are not associated with the Russian Federation (hereinafter referred to as “RF”), the Republic of Belarus (hereinafter referred to as “RB”), the Islamic Republic of Iran (hereinafter referred to as “IRI”), collectively referred to as “RF/RB/IRI”, namely

(a) MAKHNO and User are not a citizen of RF/RB/IRI or a person with the right of permanent residence in RF/RB/IRI;

(b) MAKHNO and User are not incorporated or registered under the laws of RF/RB/IRI;

(c) individuals with organisational and managerial functions (director), founders (participants, shareholders), ultimate beneficial owners (controllers) of User (its separate divisions) are not, directly or indirectly, RF/RB/IRI or residents of RF/RB/IRI (natural or legal persons), or legal entities with founders (participants, shareholders), ultimate beneficial owners (controllers) who are RF/RB/IRI or residents of RF/RB/IRI (natural persons or legal entities), and/or in which RF/RB/IRI or residents of RF/RB/IRI (natural persons or legal entities) directly or indirectly hold shares in the statutory (constituting) capital, shares, stakes, other membership (participation in any form) are not participants (participation in any form) of the User.

11.4. If the User acquires citizenship of RF/RB/IRI or the right to permanent residence in RF/RB/IRI, the founder (participant, shareholder) changes the founder (participant, shareholder), ultimate beneficial owner (controller) to a resident of RF/RB/IRI (natural person or legal entity) or participants (participation in any form) to RF/RB/IRI or legal entities with founders (participants, shareholders), ultimate beneficial owners (controllers) who are RF/RB/IRI or residents of RF/RB/IRI (natural person or legal entity), and/or in which RF/RB/IRI or residents of RF/RB/IRI (natural or legal persons) directly or indirectly hold shares in the statutory (founding) capital, shares, stakes, other membership (participation in any form), the User undertakes to notify MAKHNO immediately, at the latest on the day of such events (registration of such changes).

11.5. In the event of a breach of the warranties given by the User in this section of the Agreement, the User undertakes to compensate MAKHNO for all damages caused by such breach. In addition, MAKHNO has the right to unilaterally terminate these Terms of Sale by notifying the User.

11.6. Please note that the period for compensation of damages is not limited by the term of these Terms of Sale.