Public Offer Agreement

1. Terms and Conditions

These Terms and Conditions govern the use of the online store https://abrikos.com, as well as the procedure for placing, paying for, processing and delivering orders.

The Seller of the goods presented on https://abrikos.com is:

Full registered name: ABRIKOS, Svitlana Suchko s.p.
Registered address: Trg Leona Stukla 5, 2000 Maribor
Email: [email protected]

hereinafter referred to as “ABRIKOS” or the “Seller”.

A Buyer is any individual or legal entity placing an order through the online store https://abrikos.com, hereinafter referred to as the “Buyer”.

The provisions of these Terms concerning specific consumer rights apply exclusively to individuals purchasing goods for purposes outside their business, trade, craft or professional activity, hereinafter referred to as the “Consumer”.

Separate B2B sales terms agreed with ABRIKOS may apply to legal entities, sole traders and other persons purchasing goods as part of their business or professional activity.

Use of the website and placement of an order mean that the Buyer has read these Terms and Conditions and agrees to comply with them.

Before placing an order, the Buyer must carefully read these Terms and Conditions.

By placing an order, the Buyer confirms that:

they have the legal capacity required to enter into a contract;
they are at least 18 years old at the time of placing the order or are acting with the consent of their legal representative;
the information they provide is accurate, complete and up to date;
they are entitled to use the selected payment method;
they have reviewed the characteristics, price, payment terms and delivery conditions of the selected goods;
they have reviewed the rules governing returns and withdrawal from the contract.

The Buyer’s contact details are used to process the order, arrange payment and delivery, handle enquiries and fulfil the Seller’s other obligations in accordance with the Privacy Policy.

Advertising and marketing communications are sent only with the Buyer’s separate voluntary consent where such consent is required by applicable law.

These Terms explain how the contract is concluded, how orders are placed and delivered, how the Buyer may withdraw from the contract, how claims are handled and what rights the parties have if a problem arises.

If the Buyer believes that these Terms contain an error or requires further clarification, they may contact ABRIKOS at [email protected].

2. Orders

Before confirming an order, the Buyer may check the selected goods, their quantity, size, colour, any custom embroidery, the delivery address, the price of the goods, the delivery cost and the total order amount.

The Buyer is responsible for the accuracy of the information provided when placing the order.

After placing an order, the Buyer receives an automatic electronic message confirming that the online store has received the order.

An automatic acknowledgement of receipt does not necessarily constitute final acceptance of the order by the Seller.

The contract is considered concluded after ABRIKOS:

sends the Buyer a separate confirmation that the order has been accepted; or
confirms receipt of payment and acceptance of the order for processing; or
hands the order over to the carrier and sends a dispatch confirmation,

whichever of these events occurs first.

For orders involving custom embroidery, a name, logo or image, alterations to the design of the garment or other individual specifications, the contract is considered finally agreed once the Buyer has confirmed:

the model and quantity of items;
the sizes;
the text, name or logo;
the placement, size and colour of the embroidery;
the artwork, where provided;
the price;
the production time.

If we are unable to accept an order, we will inform the Buyer and refund any payment received for goods that will not be supplied.

Reasons for refusing an order may include:

the goods being out of stock;
the inability to produce a personalised item;
the inability to verify the payment details or delivery address provided;
an identified error in the price or product description;
suspected fraudulent activity;
delivery restrictions applicable to the specified country;
the permitted quantity of goods in one order being exceeded.

Once an order has been accepted, it is assigned an order number.

When contacting customer support, the Buyer is advised to provide the order number.

ABRIKOS may cancel an order or propose changes to it if stock information was displayed incorrectly.

If some goods are unavailable, ABRIKOS may, with the Buyer’s consent:

dispatch the available part of the order;
offer a substitute;
postpone the dispatch date;
cancel the unavailable part of the order and refund the corresponding amount.

If a maximum quantity per Buyer applies to a particular item, this restriction must be stated on the product page, during checkout or communicated to the Buyer before final confirmation of the order.

Product information on the website may be updated. Such changes do not affect orders that have already been accepted, except where an obvious error is corrected and the Buyer is informed.

3. Price and Payment

The price of the goods is displayed on the product page and during checkout.

Before final confirmation of the order, the Buyer is shown:

the price of the selected goods;
applicable taxes;
the delivery cost, where it can be calculated in advance;
any discounts applied;
the total amount payable to ABRIKOS.

We take reasonable steps to ensure that prices and other information on the website are accurate.

Nevertheless, an obvious technical error may occur on the website.

If the correct price of the goods is lower than the price shown when the order was placed, ABRIKOS may apply the lower price.

If the correct price of the goods is higher than the price shown, ABRIKOS will contact the Buyer before accepting the order and offer the Buyer the option to:

confirm the order at the correct price; or
cancel the order without additional cost.

If the pricing error was obvious and the Buyer could reasonably have understood that the price was incorrect, ABRIKOS may cancel the order, refund any payment received and, if the goods have already been delivered, arrange their return at the Seller’s expense.

Changes to prices on the website do not apply to orders that have already been accepted and confirmed, except in cases of an obvious pricing error.

Payment may be made using the credit or debit cards available on the website, through PayPal or by another offered method.

Unless otherwise agreed, the goods and delivery must be paid for before dispatch.

3.1. Taxes, Customs Duties and Import Charges

For deliveries within the European Union, applicable taxes are shown during checkout in accordance with current tax rules.

For deliveries to countries outside the European Union, the destination country may impose:

import duties;
import VAT or other taxes;
customs charges;
brokerage or administrative fees charged by the carrier.

Unless expressly stated otherwise during checkout, these charges are not included in the amount paid to ABRIKOS.

The recipient of the shipment is the importer in the destination country and is responsible for complying with local customs requirements and paying the relevant import charges.

ABRIKOS does not determine the amount of such charges and cannot guarantee their final amount.

The Buyer is advised to check the import rules applicable in their country before placing an order.

If the recipient refuses to pay mandatory import charges or refuses to accept the parcel and it is returned to the Seller, ABRIKOS may deduct the actual costs incurred, including return delivery, customs and administrative charges, from the amount to be refunded, where permitted by applicable law.

ABRIKOS is not responsible for the Buyer’s bank fees, exchange-rate differences or other costs associated with currency conversion.

4. Product

The main characteristics of the goods are stated on the product page.

Product images on the website are provided for illustrative purposes.

We take reasonable steps to reproduce the appearance and colours of our products accurately; however, colour display may depend on the screen, device settings and lighting.

The actual shade of the product may therefore differ slightly from the image shown on the website.

Minor differences that do not affect the intended purpose, quality or main characteristics of the product do not in themselves constitute a defect.

Product sizes are determined in accordance with the ABRIKOS size chart.

The Buyer must review the size chart and, where necessary, request advice before placing an order.

Recommendations made by ABRIKOS staff regarding size selection are based on the information provided by the Buyer. The Buyer is responsible for the accuracy of the measurements supplied.

For corporate orders, large orders and orders involving custom embroidery, ABRIKOS may recommend a preliminary fitting using size samples.

Custom embroidery is carried out on the basis of information and files approved by the Buyer.

The Buyer confirms that they are entitled to use any logos, names, images, trademarks and other materials supplied.

ABRIKOS is not responsible for spelling mistakes, incorrect names, numbers, colours or other details that were approved in writing by the Buyer before the order entered production.

This does not limit ABRIKOS’s liability where the finished product does not correspond to the agreed artwork or confirmed specifications.

5. Dispatch and Delivery

Once an order has been accepted, ABRIKOS begins processing it.

The standard preparation time before dispatch is 1 to 14 business days, unless another period is stated on the product page or agreed with the Buyer.

Preparation time depends in particular on:

stock availability;
the country and warehouse of dispatch;
the number of items;
the need to assemble or complete the order;
custom embroidery or other alterations;
seasonal workload.

Goods with custom embroidery or goods made to individual specifications may require a longer preparation period. This period will be communicated or agreed before production begins.

The order preparation period is not the same as the transit time.

The estimated delivery time after the order has been handed over to the carrier depends on the destination country, the selected delivery method, customs authorities and the carrier.

Once the order has been dispatched, the Buyer receives an email confirming dispatch and, where available, a tracking link or tracking number.

Delivery time may be extended due to circumstances outside ABRIKOS’s reasonable control, including:

adverse weather conditions;
transport restrictions;
technical failures;
strikes;
customs clearance delays;
increased workload of carriers;
government restrictions;
holiday periods and sales.

If ABRIKOS becomes aware of a significant delay, we will endeavour to inform the Buyer and provide updated information.

5.1. Delivery Areas and Delivery Costs

ABRIKOS delivers to the countries and regions available for selection during checkout.

If the required country is not listed, the Buyer may contact ABRIKOS to ask whether individual delivery can be arranged.

Delivery costs are calculated on the basis of:

the destination country and address;
the weight and dimensions of the shipment;
the number of goods;
the selected delivery method;
the carrier’s rates.

The delivery cost is shown during checkout or communicated to the Buyer before payment where automatic calculation is not possible.

5.2. Risk of Loss or Damage

In a sale to a Consumer, the risk of accidental loss of or damage to the goods passes to the Consumer once the Consumer or a third party indicated by the Consumer, other than the carrier, physically receives the goods.

If the Consumer independently contracts with a carrier that was not offered by ABRIKOS, the risk may pass to the Consumer when the goods are handed over to that carrier, in accordance with applicable law.

5.3. Uncollected and Undeliverable Parcels

The Buyer must collect the parcel in a timely manner and comply with reasonable requirements of the carrier or customs authorities.

If the parcel is not received due to the Buyer’s action or inaction, including:

refusal to accept delivery without a lawful reason;
absence at the specified address;
failure to provide required customs information;
failure to pay mandatory import charges;
provision of an incorrect or incomplete address;
expiry of the parcel storage period,

ABRIKOS may deduct the actual costs incurred for the original and return delivery, customs clearance and administrative services from the refund, where permitted by applicable law.

This provision does not apply where the parcel was not delivered due to the fault of ABRIKOS or the carrier engaged by ABRIKOS.

5.4. Tracking

Tracking information is generated by the carrier and may be updated with a delay.

The first status update may appear several business days after the parcel has been handed over to the carrier.

ABRIKOS does not control the technical operation of the tracking system; however, in the event of significant discrepancies, the Buyer may contact customer support to verify the status of the shipment.

5.5. Damaged, Defective or Incorrectly Supplied Goods

Every order is checked before dispatch.

Upon receiving the parcel, the Buyer is advised to inspect the condition of the packaging and the goods.

If the packaging shows visible damage, the Buyer is advised to take photographs before opening it and, where possible, record the damage with the carrier upon receipt.

If the Buyer receives damaged, defective, incorrect goods or goods that do not correspond to the order, the Buyer should contact [email protected].

To help us review the claim, the Buyer is advised to provide:

the order number;
the product name and item number;
a description of the problem;
photographs of the product, packaging, label and identified defect;
a video, where necessary.

Please report visible transport damage, incorrect contents or missing items within five days of receiving the order. This will help us verify the circumstances more quickly and contact the carrier.

This five-day period is a recommended reporting period and does not limit the Consumer’s mandatory rights in relation to lack of conformity of the goods.

5.6. Missing Items

An order may be sent in several parcels.

The Buyer should check the dispatch confirmation, the number of parcels and the documents enclosed with the order.

If an item is missing, the Buyer should contact ABRIKOS as soon as possible and provide the order number and details of the missing item.

If the item was not dispatched, ABRIKOS will offer to:

send the item separately;
replace it with the Buyer’s consent;
refund the corresponding part of the payment.

5.7. Undelivered or Lost Order

If an order has not been delivered within the expected period, the Buyer should contact ABRIKOS customer support.

ABRIKOS will check the status of the order together with the carrier.

If the parcel is declared lost or delivery has not taken place within the agreed or additionally agreed reasonable period, ABRIKOS will, depending on the circumstances and applicable law, offer:

a replacement shipment; or
a refund for the undelivered goods and applicable delivery charges.

The Buyer’s rights do not depend exclusively on the carrier’s internal rules or claim-handling periods.

6. Right of Withdrawal, Returns and Remedies for Lack of Conformity

6.1. Consumer’s Right of Withdrawal

A Consumer who has concluded a distance contract through abrikos.com has the right to withdraw from the contract without giving any reason within 14 calendar days, unless an exception provided by law applies.

The withdrawal period begins on the day when the Consumer or a third party indicated by the Consumer, other than the carrier, physically receives the goods.

If goods from the same order are delivered separately, the period begins on the day the last item is received.

To exercise the right of withdrawal, the Consumer must send ABRIKOS an unequivocal statement of their decision to withdraw from the contract before the 14-day period expires.

The statement may be sent:

by email to [email protected];
using a form available on the website;
by post to the Seller’s address.

The Consumer may use the prescribed withdrawal form, but use of that form is not mandatory.

After sending the withdrawal statement, the Consumer must return the goods without undue delay and no later than 14 days from the date on which the Consumer informed ABRIKOS of the withdrawal.

Before returning the goods, the Consumer is advised to contact ABRIKOS for the current return address and instructions.

6.2. Condition of Returned Goods

The Consumer may inspect and try on the goods to the extent necessary to establish their nature, characteristics and functioning, as would be possible in a physical store.

Returned goods must be:

clean;
unwashed;
free from signs of wear other than reasonable fitting;
free from foreign odours;
returned with labels and accessories intact;
where possible, returned in the original packaging.

The absence of the original packaging does not in itself deprive the Consumer of the right of withdrawal, but the Consumer must package the goods appropriately for safe transport.

The Consumer is responsible for any reduction in the value of the goods resulting from handling beyond what is necessary to inspect their characteristics and size.

ABRIKOS may reduce the refund by the documented amount of any loss in value.

6.3. Return Costs

In the case of an ordinary withdrawal from the contract, the Consumer bears the cost of returning the goods unless ABRIKOS has agreed otherwise in advance.

If ABRIKOS provides the Consumer with a return shipping label, the cost of that label may be deducted from the refund where the return is not related to a defect, lack of conformity or an error by ABRIKOS.

The Consumer is advised to use a tracked delivery method and retain proof of dispatch.

The Consumer bears the risk of loss during return shipment until ABRIKOS receives the goods, except where the return is arranged by a carrier directly on behalf of ABRIKOS.

If the return is related to a defect, lack of conformity, damage or an error by ABRIKOS, ABRIKOS bears the necessary return delivery costs.

6.4. Refund Following Withdrawal

Where the Consumer validly withdraws from the entire order, ABRIKOS refunds:

the price of the returned goods;
the cost of the standard initial delivery method.

If the Consumer returns only part of an order, the original delivery cost may not be refunded if it did not depend on the quantity of goods returned. The refund will be made without undue delay and no later than the period prescribed by law after receipt of the withdrawal statement. ABRIKOS may withhold the refund until the goods have been received back or until the Consumer provides proof of dispatch, whichever occurs first. The refund will be made using the same payment method used by the Consumer unless the parties expressly agree otherwise. ABRIKOS does not charge an additional fee for making the refund.

6.5. Exceptions to the Right of Withdrawal

The Consumer’s 14-day right of withdrawal does not apply to goods:

made to the Consumer’s individual requirements;
clearly personalised;
altered specifically for a particular Consumer;
bearing custom embroidery of a name, text, logo, image or other information;
made in a non-standard size or non-standard configuration by individual agreement.

Selecting a standard model, standard colour or standard size from the options offered does not in itself constitute personalisation.

The absence of the ordinary right of withdrawal for personalised goods does not limit the Consumer’s rights where the goods:

are defective;
are damaged;
do not match the approved artwork;
contain an error made by ABRIKOS;
do not conform to the contract.

6.6. Liability for Lack of Conformity

ABRIKOS is liable to the Consumer for any lack of conformity of the goods that existed at the time of delivery and becomes apparent within the period prescribed by applicable law.

For new goods, the minimum liability period is two years from the date the Consumer receives the goods, unless mandatory applicable law provides for a longer period.

Goods conform to the contract if, in particular, they:

correspond to the description, model, size and quantity;
have the agreed characteristics;
are fit for ordinary use;
have the quality and durability that the Consumer may reasonably expect;
correspond to the approved personalisation artwork;
are supplied with the agreed accessories and instructions.

If the goods do not conform to the contract, the Consumer is entitled to the remedies provided by applicable law.

Depending on the circumstances, these remedies may include:

bringing the goods into conformity free of charge;
repair;
replacement;
a proportionate reduction in price;
termination of the contract and a refund.

The specific remedy available depends on the nature of the lack of conformity, the possibility and proportionality of repair or replacement and other circumstances established by law.

Repair or replacement must be carried out free of charge, within a reasonable period and without significant inconvenience to the Consumer.

Goods damaged as a result of normal wear and tear, improper care, failure to follow instructions, mechanical damage after receipt or use contrary to their intended purpose are not considered non-conforming on those grounds.

This section does not limit the Consumer’s mandatory statutory rights.

6.7. Changes to or Cancellation of an Order

After placing an order, the Buyer should inform ABRIKOS of any requested changes as soon as possible.

Before order preparation or personalisation begins, ABRIKOS will try to make the requested changes but cannot guarantee that this will be possible.

Once a standard order has been sent to the warehouse, it may no longer be possible to make changes.

After the artwork has been approved and a personalised order has entered production, the order may be changed or cancelled only with the consent of ABRIKOS.

If custom embroidery, cutting, alteration of the garment or other personalised work has already been performed by the time of cancellation, ABRIKOS may retain reasonable and documented costs where permitted by applicable law.

If the Buyer has provided incorrect contact details or an incorrect address, the Buyer must notify ABRIKOS immediately.

ABRIKOS is not responsible for the consequences of dispatching an order to an address confirmed by the Buyer where the Seller was unable to make changes before handing the order over to the carrier.

This does not release ABRIKOS from the obligation to provide reasonable assistance in correcting the address or arranging the return of the shipment.

7. Force Majeure

A party is not liable for delay or inability to perform its obligations caused by extraordinary and unavoidable circumstances beyond its reasonable control.

Such circumstances may include:

natural disasters;
wars and armed conflicts;
civil unrest;
strikes;
epidemics and emergency public-health restrictions;
blockage of transport routes;
government import or export bans;
prolonged failures of energy, communication or information systems;
other similar circumstances.

A party affected by such circumstances should, where possible, notify the other party and take reasonable steps to reduce their consequences.

The period for performing obligations may be extended for the duration of the force majeure circumstances.

If performance of the contract becomes permanently impossible or the delay deprives the Buyer of a reasonable interest in the contract, the parties may terminate the contract in respect of goods not supplied.

In that case, ABRIKOS will refund the amounts received for goods that have not been and will not be supplied, in accordance with applicable law.

8. Fraud Prevention

ABRIKOS may carry out an additional review of an order where there are reasonable grounds to suspect fraud, unauthorised use of payment methods or other actions capable of causing loss to the Buyer, the Seller or third parties.

ABRIKOS may temporarily suspend processing or cancel such an order and refund the money received to the lawful payer.

Where provided by law, information may be disclosed to the payment provider, bank, carrier, law-enforcement authority or another authorised person.

ABRIKOS may restrict access to the website for persons who:

attempt unauthorised access;
interfere with the operation of the website;
use the website for unlawful purposes;
violate the rights of other users or ABRIKOS.

Such measures will be applied only to a reasonable and proportionate extent.

9. Intellectual Property

All rights to abrikos.com and the materials published on it belong to ABRIKOS, the respective rights holders, or are lawfully used by ABRIKOS.

Such materials include, in particular:

trademarks;
names;
logos;
photographs;
images;
texts;
design;
graphics;
video materials;
catalogues;
product descriptions;
software elements of the website.

Website materials may be used only for personal, non-commercial purposes connected with selecting and purchasing ABRIKOS goods.

Copying, distributing, publishing, modifying, commercially using or reproducing materials without the prior permission of the rights holder is prohibited, except where permitted by law.

By providing ABRIKOS with a logo, name, image or other material for product personalisation, the Buyer confirms that they have the necessary rights to use it.

The Buyer is responsible for third-party claims arising from the use of materials supplied by the Buyer without the necessary rights.

10. Use of Personal Information

ABRIKOS respects the privacy of Buyers and takes steps to protect personal data.

Personal data may be processed, in particular, for:

placing and fulfilling an order;
processing payments;
organising delivery;
communicating with the Buyer;
handling returns and claims;
fulfilling accounting and tax obligations;
preventing fraud;
complying with legal requirements.

Detailed information about the categories of data collected, the purposes and legal grounds for processing, retention periods, recipients of the data and the rights of data subjects is contained in the ABRIKOS Privacy Policy.

Marketing communications are sent only where there is an appropriate legal basis.

The Buyer may withdraw consent to marketing communications at any time by using the link in the message or by contacting ABRIKOS.

Withdrawal of consent does not affect the lawfulness of processing carried out before the consent was withdrawn.

11. Claims and Customer Service

For matters relating to an order, delivery, return or lack of conformity of the goods, the Buyer may contact:

Email: [email protected]

The Buyer is advised to include the following in the request:

the full name of the individual or the name of the organisation;
the order number;
contact details;
a description of the situation;
the preferred resolution;
supporting documents and photographs, where applicable.

ABRIKOS will review the request without undue delay and provide a response within the period prescribed by applicable law.

12. Final Provisions

If any provision of these Terms is found to be invalid or unenforceable, this does not affect the validity of the remaining provisions.

ABRIKOS may amend these Terms due to changes in legislation, the operation of the online store, payment or delivery methods, or other circumstances.

The version of the Terms in force at the time the relevant contract was concluded applies to each specific order.

The current version of the Terms is published at https://abrikos.com.