TERMS AND DEFINITIONS
Buyer - an individual over the age of 18 years, or a legal entity that buys goods solely for personal needs, not related to business activities, which accepts the public offer on the terms of this offer.
Seller: FOP Ilyukevich, 11, Shevchenko str.
The offer is the present document, which is a public offer of the Seller, addressed to any physical/legal entity, about concluding of a retail sale-purchase agreement of Goods (hereinafter referred to as the "Agreement") on terms, contained in the Offer, including all its appendices.
Internet-shop - the Internet site used by the Seller, located in the network, where the Goods offered by the Seller for purchase are presented, as well as the terms of payment and delivery of the Goods to the Buyers.
Site - the totality of electronic resources available for viewing by Buyers on the Internet, in the domain
The site is owned and administered by FOP Ilyukevich T.V.
Goods - the assortment list which is presented on the Seller's site.
Order - the Buyer's duly executed intention to buy a particular Commodity, expressed by filling in an electronic form on the Seller's website.
Order or Goods cancellation is a technical action of the Seller, not implying cancellation of agreement, which is realized on the site and states the fact that some or all Goods in the Order (order cancellation) are not given to the client in the current Order. The online store is obliged to notify registered Customers of all cases of annulment, including cases of refusal of Goods at the Customer's initiative, by sending an e-mail message about the annulment to the e-mail address indicated by the Customer when registering.
Delivery - services for the delivery of Goods (by third parties or by other means) to the address specified by the Buyer, and its transfer to the Buyer, or to a person specified by the Buyer.
Courier Service - a third party, determined by the Seller, that delivers Goods to Buyer.
Recipient of Goods - the Buyer or other person authorized by the Buyer to receive the Goods.
Card - the Buyer's bank card, which allows the Buyer to make transactions with it to pay for Goods purchased from the Seller under the Agreement.
1.General Provisions.
1.1 These terms and conditions (hereinafter referred to as the Agreement), are an official offer of the Seller to conclude with the Buyer the agreement of purchase and sale of Goods.
1.2 Consumer rights protection relations are regulated by the Civil Code of Ukraine, the Consumer Rights Protection Act and the Consumer Rights Protection Act and the Act passed in accordance with it.
1.3 The Seller sells Goods through the online store.
1.4. By placing an Order for Goods through the online store by clicking the "Place an Order" button, the Buyer agrees with the conditions of sale of Goods set forth in this Agreement.
1.5 The Buyers can place an order in the online store without creating a personal account on the Site, with the introduction of personal data in the order on a one-time basis.
1.6 The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer when placing the Order (including the information provided by the Buyer by phone).
1.7 Seller reserves the right to make changes to this Agreement. The current version of the Agreement shall be necessarily posted on the Site. In this regard, the Buyer shall be obliged to monitor changes in the terms of this Agreement posted on the Website on a regular basis.
1.8. By informing the Seller of his e-mail and telephone number, address, and other information, the Buyer consents to the use of these means of communication by the Seller, as well as by third parties engaged by him for the performance of obligations to the Buyers, in order to send out advertising and information messages containing information about discounts, upcoming and current promotions and other events of the Seller, the transfer of the order for delivery, as well as other information directly related to the performance of obligations by the Buyer under this
1.9 By carrying out the Order, the Buyer agrees that the Seller may assign the execution of the Contract to a third party, while remaining responsible for its execution.
2. Subject matter of the Contract
2.1 The Seller undertakes to sell, and the Buyer undertakes to accept and pay for the Commodities at the prices specified in the Commodities description on the corresponding page of the Seller's site on the date of the Order placement, on conditions of the present Offer, the current edition of which is placed on the Seller's site. The agreement shall be deemed concluded from the moment of receipt by the Seller of the notice of the Buyer's intention to purchase the Goods in the form of the executed Order for the purchase of the Goods.
2.2 Title to the ordered Goods is transferred to the Buyer from the moment of actual transfer of the Goods to the Buyer and payment by the latter of the full value of the Goods.
2.3 The risk of accidental loss or damage of the Goods passes to the Buyer from the moment of actual transfer of the Goods to the Buyer.
2.4. Price of Goods is specified in Belarusian rubles.
2.5. Final Price of Goods shall be determined by consecutive action on the Goods Price of discounts in the following order:
Promotional discount
promotional code discount
The terms of discounts are indicated on the Website during the promotional period.
3.Ordering the Goods
3.1 This Agreement is a public offer
3.2 The acceptance of this offer (agreement) is registration by the Buyer of an order for Goods in accordance with the terms of this offer.
3.3 By accepting this offer the Buyer agrees that:
registration data (including personal data) specified by him voluntarily;
registration data (including personal data) are transmitted in electronic form through open communication channels of the Internet;
registration data (including personal data) is transferred to the Seller for purposes specified in this offer and may be disclosed to third parties, for purposes specified in this offer
registration data (including personal data) can be used by the Seller in order to promote products and services, by means of direct contacts with the Buyer via communication channels;
in order to provide additional protection against fraudulent actions, the Buyer's registration data (including personal data) may be transmitted to the bank, performing transactions on payment for orders on the Site;
the Buyer's consent to the processing of his registration data (including personal data) is indefinite and may be revoked by the Buyer or his legal representative by submitting a written application to the Seller by sending it by e-mail or by hand to the Seller's registered office.
3.4 The Buyer shall order Goods in one of the following ways:
- independently using the service of the Seller's Website;
- by contacting by phone the Seller;
- by using messengers.
3.5 The fact of placing the order by the Buyer is the Buyer's consent to the Seller's advertising mailing of SMS messages about the status of his order or messages to his e-mail address and surveys to improve the quality of Buyer's service. The Buyer, who has purchased the goods at the Seller's online store (placed an order for the goods), shall be considered as a person who has entered into a relationship with the Seller under the terms of this Agreement.
3.6. The Seller ensures availability of the Goods presented on the Site in its warehouse. In case the Goods are out of stock, they are not available for ordering on the Site, the "to cart" button becomes inactive. The photographs accompanying the Goods are simple illustrations of them and may slightly differ from the actual appearance of the Goods. The descriptions/characteristics accompanying the Goods contain information in accordance with the requirements of the legislation and do not claim to be exhaustive and may contain typographical errors. The Buyer may contact the Seller by phone or e-mail according to the Seller's details in order to clarify the information on the Goods. 3.7.
3.7 If the Commodities ordered by the Buyer are out of stock at the Seller, the Seller has the right to exclude the said Commodities from the Order / cancel the Buyer's Order by notifying the Buyer by sending a corresponding email to the address specified by the Buyer during registration (or by calling from the Seller).
3.8 In case the prepaid Order is cancelled fully or partially due to unavailability of any Goods, the Goods that are unavailable may be replaced by the Goods that are available in the Seller's stock. If the value of the newly selected Goods is more than the value of the previously selected Goods that are out of stock, the difference in value shall be transferred within seven days from the date of the renewed Order and the electronic application for return.
3.9 After placing the Order on the Website, the Buyer, after the Seller processes the Order, shall be sent a tracking number to track the Order within one or two working days. The Seller's employee serving this Order, if necessary, clarifies the details of the Order, agrees the date of delivery, which depends on the availability of the ordered Goods in the Seller's warehouse and the time required to process and deliver the Order.
4.Payment for Goods
4.1 The Buyer chooses one of the offered methods of payment for the Goods when placing the Order:
4.2. advance payment for Goods by the Buyer while executing the Order on the Seller's website by means of Card payment transaction in accordance with the current legislation of Ukraine and the agreement between the credit organization that issued the Card and the Buyer.
4.3 The Buyer pre-payment for Goods at independent execution of the Order on the Seller's website is made by Buyer by way of money transfer via systems in accordance with the procedure stipulated by the current legislation of Ukraine, and the agreement between the payment services and the Buyer.
5. Goods delivery
5.1 The conditions of Goods delivery, namely the approximate time of delivery and its cost are set by the Seller. The total cost of the Order, including the cost of delivery by the method chosen by the Buyer, is calculated individually and is reported to the Buyer at the moment of the Order confirmation. The cost of delivery may be changed if the delivery address is changed. Payment for delivery is made by the Buyer simultaneously with the payment of the Order.
5.2 Delivery of Goods can be carried out by the Seller with the involvement of courier services. Upon Delivery, the Order shall be delivered directly to the Buyer, or to another person specified by the Buyer as the Recipient of the Order. When delivering the pre-paid Order, the Courier, in order to prevent fraud, has the right to require the recipient's identification documents. In this case, the Seller guarantees Confidentiality and protection of Recipient's personal information.
5.3 Upon delivery of the Goods, the Buyer shall check the integrity of the outer packaging of the parcel, and then sign and date it on the delivery note form, thus confirming the absence of any complaints about the appearance and integrity of the package.
5.4 The Seller undertakes to make every effort to comply with the delivery time, but the final terms of receipt of the Goods by the Buyer depend on the delivery region, courier service operation and possible unforeseen circumstances that may occur through no fault of the Seller.
6. Rights and obligations of the parties
6.1 The Seller undertakes:
6.1.1 From the date of this Agreement to ensure the full performance of all obligations to the Buyer in accordance with the terms of this Agreement and applicable law. The Seller reserves the right not to fulfill obligations under the Contract in case of force majeure circumstances.
6.1.2 Process the Buyer's personal data in accordance with the procedure established by the current legislation regarding the organization of processing and security of personal data.
6.1.3 To send the electronic form of the cash receipt to the Customer's e-mail address, which was specified when paying for the Order on the Website.
6.2 Seller has the right to:
6.2.1 To change this Agreement, Prices for the Goods and Tariffs for related services, methods and terms of payment and delivery of goods unilaterally, by placing them on the pages of the Internet-shop. All changes shall take effect immediately after publication and shall be deemed to have been communicated to the Buyer from the time of such publication.
6.2.2 Keep records of telephone conversations with the Buyer. In accordance with Clause 4 of Article 16 of the Law "On Information, Information Technologies and Information Protection" the Seller undertakes: to prevent attempts of unauthorized access to information and/or its transfer to persons not directly related to the execution of Orders, to detect and suppress such facts in a timely manner.
6.2.3 Without the consent of the Buyer to transfer its rights and obligations under the Contract to third parties.
6.2.4 Delivery of the Goods ordered by the Buyer is carried out on the basis of 100% prepayment of the ordered Goods. The Seller has the right to refuse delivery of Goods to the Buyer in the absence of such payment.
6.2.5. The Seller has the right not to deliver the Goods to the Buyer by courier, including without 100% prepayment for the ordered Goods, to the address specified when the Customer placed the order, and to deliver the Goods to the Customer's agreed self-delivery point.
6.2.6 The Seller has the right to send promotional and informational messages to the Buyer via push notifications with information about discounts, promotions, new arrivals, etc. The Seller unilaterally determines the frequency of push notifications.
6.2.7 Seller has the right to unilaterally change the terms and conditions of Promotions posted on the Shop's website without the Buyer's consent by posting such changes on the Shop's website.
6.3 Buyer undertakes:
6.3.1 To read the contents and terms of the Agreement and the prices of the Goods offered by the Seller in the online store.
6.3.2 When fulfilling the Seller's obligations to the Buyer, the latter shall provide all the necessary data unambiguously identifying him as a buyer and sufficient for the delivery of the Goods ordered by him to the Buyer.
6.3.3 Pay for the ordered Goods and their delivery in accordance with the terms of this contract.
6.3.4 If the Buyer indicates a non-cash method of payment for the Order (by bank card or electronic payment system) when placing the Order, the Buyer shall pay for his Order within 24 hours from the moment of registration.
6.4 The Buyer has the right:
6.4.1 Buyer has the right to opt out of receiving emails and sms.
6.4.2 To exercise all rights provided by applicable law.
7. Return of goods
7.1 Claim form and how to file a claim.
Attention!
Returns and exchanges of goods are carried out in accordance with the rules set out in this offer.
In the case of sending a claim, including demands for a return and/or exchange of goods, by any other means, Seller is not responsible for the timeliness of its consideration.
7.2 Exchange and return of goods of proper quality.
7.2.1.Goods of proper quality are goods that retain their trade dress and consumer properties, without damage to the factory (consumer) packaging, seals and nameplates. The costs associated with the return or exchange of goods of proper quality shall be borne by the Buyer.
7.2.2 The return of Goods of proper quality must be made within seven (7) days from the date of receipt. For this purpose, the following must be enclosed in a valuable parcel with an estimated amount equal to the value of the Goods:
1. the Goods in undamaged factory (consumer) packaging, the consumer properties of the Goods must be intact along with the Goods, and the seals must not be broken.
2. A copy of the receipt of payment for the order,
3. Application for refund of funds.
Return of Goods of proper quality is possible if they retain their trade dress, consumer properties (including the consumer packaging), as well as the document confirming the fact and conditions of purchase of the said Goods.
7.2.3 If the Buyer rejects the Goods in accordance with Clause 8.2. the Seller shall compensate to the Buyer the cost of the returned Commodities, excluding expenses connected with delivery of Commodities returned by the Buyer, within 10 days from the moment of receipt of returned Commodities to the Seller's warehouse, on condition of presence of the completed application of the Buyer for return and copy of the receipt of payment. The return of funds shall be made by bank transfer in the amount of the cost of Goods within the time limits stipulated by the Rules for the sale of goods by remote method.
7.3.1 Goods of inadequate quality means goods that do not meet the terms of the contract. Unsatisfactory quality goods means goods which are defective and cannot ensure the performance of their functional qualities as a result of improper transportation.
If you receive an item of inadequate quality, you can exchange it for a quality item free of charge or get the money you spent to buy it.
To do this within 3 (three) days send the goods of poor quality by a valuable parcel with the amount of the assessment equal to the cost of goods through Novaya Mail. Enclose in the parcel a copy of the receipt on payment of postal expenses and a statement with the reason for return, as well as the Statement of Defects drawn up when opening the package.
7.3.2 Upon receipt of the goods, examination of the application and confirmation of the presence of the claimed defects that are not the fault of the Buyer, our store is obliged to return the cost of goods (or to make a replacement product, at the choice of the Buyer) and reimburse the postage costs associated with its shipment. The refund will be made by postal order in the amount of the cost of goods and the cost of its postage within the period prescribed by the Rules of sale of goods by remote means.
7.3.3 The refund period shall be calculated from the moment of receipt of the parcel with goods and application with the reason of exchange/return to the Seller or from the moment of receipt by the Seller of the documents specified in paragraph 8.2.2. of this Offer (in case of return/exchange of goods not subject to return by Mail).
7.3.4 Money for the goods shall be refunded within 10 days from the moment of submission of the Buyer's justified claim. When the goods are returned to the seller remotely, the refund of money for the order shall be made after receiving the goods back to the warehouse, except for the cases of returning the Goods which are not subject to shipment by the New Mail or the Ukrposhta.
7.4 The bank commissions, paid by the Buyer, shall not be compensated by the Seller when returning the funds to the Buyer in cashless form.
8. Cancellation of the offer
8.1 The Seller can withdraw the offer (Agreement) at any time, but this is not the basis for the Seller's withdrawal from the obligations under the contracts already concluded. The Seller is obliged to place the notice on withdrawal of the offer in its Internet-shop, specifying the exact time of withdrawal of the offer, at least 12 hours before the fact of withdrawal (suspension) of the offer's validity.
9. Confidentiality and data protection
9.1 The Buyer's personal data is processed on the basis of the Law no. 152 "On Personal Data" and in accordance with the Seller's policy on personal data processing.
When registering on the Website, the Buyer provides the following personal data: last name, first name, contact phone number, e-mail address, date of birth, gender, delivery address.
By providing his/her personal data to the Seller, the Buyer consents to the processing of personal data, receipt of personal data by the Seller from the Buyer and other persons, transfer of personal data to third parties in order to achieve the purposes of personal data processing and confirms that by making the decision he/she acts freely, willingly and in his/her own interest. The consent shall be given in order to fulfill the Seller's obligations to the Buyer under this Agreement, promote the Seller's goods and services, conduct electronic and sms surveys, control the results of marketing campaigns, customer support, organize delivery of goods to Buyers, conduct prize drawings among Buyers, control Buyer's satisfaction, as well as the quality of services provided by the Seller.
9.2 Processing of personal data means any action (operation) or a set of actions (operations) performed with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (including transfer to third parties, not excluding cross-border transfer, if the need for it arose during the performance of obligations), anonymization, blocking, removal, destruction of personal data (including the transfer to third parties, if the need arose during the performance of obligations).
The Seller is entitled to send informative messages, including advertising ones, to e-mail and cell phone of the User/Buyer with his consent, expressed by performing actions that unambiguously identify this subscriber and allow to reliably establish his will to receive the message. The User/Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal by informing the Seller about his refusal by phone of the Seller. Service messages informing the User/Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the User/Buyer.
9.3 The Consent may be withdrawn at any time by withdrawing the acceptance of this Public offer by written request to the Seller. The processing of personal data can be continued in the presence of the grounds referred to in paragraphs 2;11 of Part 1 of Article 6, Part 2 of Article 10 and Part 2 of Article 11 of the Federal Law № 152 "On Personal Data".
9.4 The Seller shall be entitled to use cookies. "Cookies do not contain confidential information. The Buyer hereby consents to the collection, analysis and use of cookies, including by third parties.
9.5 Seller has the right to use "cookies" technology. "Cookies" do not contain any confidential information. The Buyer hereby consents to the collection, analysis and use of cookies, including by third parties for the purposes of statistical formation and optimization of advertising messages.
9.6 The Seller shall not be liable for the information provided by the Buyer on the Site in the publicly available form. The Seller shall be entitled to delete the information posted by the Buyer in publicly accessible form on the Site, if it contains obscene language, insults, extremist messages, as well as other information, dissemination of which is prohibited by the current legislation.
10. Validity of the Public offer
10.1 This Public offer shall be valid from the date of posting on the Website, shall be effective in respect of the Buyer from the date of its acceptance and shall be valid until the withdrawal of the acceptance of the Public offer.
11. Additional conditions
11.1 The Seller shall be entitled to assign or otherwise transfer its rights and obligations arising from its relationship with the Buyer to third parties.
11.2 The Internet-shop and provided services can be temporarily partially or completely unavailable due to preventive or other works or any other reasons of technical nature.
11.3. All disputes related to non-performance or improper performance of its obligations under this contract, the parties will try to negotiate.
11.4 In case of failure to reach an agreement in the course of negotiations, disputes will be resolved in court in accordance with the current legislation of Ukraine.
Taking into account importance of the above-stated, a person, interested in purchase of Goods on conditions, fixed in the present Offer, is strongly recommended to carefully read its text, and in case of disagreement with any of its items, is offered to refuse purchase of Goods, provided by the Seller.
Buyer - an individual over the age of 18 years, or a legal entity that buys goods solely for personal needs, not related to business activities, which accepts the public offer on the terms of this offer.
Seller: FOP Ilyukevich, 11, Shevchenko str.
The offer is the present document, which is a public offer of the Seller, addressed to any physical/legal entity, about concluding of a retail sale-purchase agreement of Goods (hereinafter referred to as the "Agreement") on terms, contained in the Offer, including all its appendices.
Internet-shop - the Internet site used by the Seller, located in the network, where the Goods offered by the Seller for purchase are presented, as well as the terms of payment and delivery of the Goods to the Buyers.
Site - the totality of electronic resources available for viewing by Buyers on the Internet, in the domain
The site is owned and administered by FOP Ilyukevich T.V.
Goods - the assortment list which is presented on the Seller's site.
Order - the Buyer's duly executed intention to buy a particular Commodity, expressed by filling in an electronic form on the Seller's website.
Order or Goods cancellation is a technical action of the Seller, not implying cancellation of agreement, which is realized on the site and states the fact that some or all Goods in the Order (order cancellation) are not given to the client in the current Order. The online store is obliged to notify registered Customers of all cases of annulment, including cases of refusal of Goods at the Customer's initiative, by sending an e-mail message about the annulment to the e-mail address indicated by the Customer when registering.
Delivery - services for the delivery of Goods (by third parties or by other means) to the address specified by the Buyer, and its transfer to the Buyer, or to a person specified by the Buyer.
Courier Service - a third party, determined by the Seller, that delivers Goods to Buyer.
Recipient of Goods - the Buyer or other person authorized by the Buyer to receive the Goods.
Card - the Buyer's bank card, which allows the Buyer to make transactions with it to pay for Goods purchased from the Seller under the Agreement.
1.General Provisions.
1.1 These terms and conditions (hereinafter referred to as the Agreement), are an official offer of the Seller to conclude with the Buyer the agreement of purchase and sale of Goods.
1.2 Consumer rights protection relations are regulated by the Civil Code of Ukraine, the Consumer Rights Protection Act and the Consumer Rights Protection Act and the Act passed in accordance with it.
1.3 The Seller sells Goods through the online store.
1.4. By placing an Order for Goods through the online store by clicking the "Place an Order" button, the Buyer agrees with the conditions of sale of Goods set forth in this Agreement.
1.5 The Buyers can place an order in the online store without creating a personal account on the Site, with the introduction of personal data in the order on a one-time basis.
1.6 The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer when placing the Order (including the information provided by the Buyer by phone).
1.7 Seller reserves the right to make changes to this Agreement. The current version of the Agreement shall be necessarily posted on the Site. In this regard, the Buyer shall be obliged to monitor changes in the terms of this Agreement posted on the Website on a regular basis.
1.8. By informing the Seller of his e-mail and telephone number, address, and other information, the Buyer consents to the use of these means of communication by the Seller, as well as by third parties engaged by him for the performance of obligations to the Buyers, in order to send out advertising and information messages containing information about discounts, upcoming and current promotions and other events of the Seller, the transfer of the order for delivery, as well as other information directly related to the performance of obligations by the Buyer under this
1.9 By carrying out the Order, the Buyer agrees that the Seller may assign the execution of the Contract to a third party, while remaining responsible for its execution.
2. Subject matter of the Contract
2.1 The Seller undertakes to sell, and the Buyer undertakes to accept and pay for the Commodities at the prices specified in the Commodities description on the corresponding page of the Seller's site on the date of the Order placement, on conditions of the present Offer, the current edition of which is placed on the Seller's site. The agreement shall be deemed concluded from the moment of receipt by the Seller of the notice of the Buyer's intention to purchase the Goods in the form of the executed Order for the purchase of the Goods.
2.2 Title to the ordered Goods is transferred to the Buyer from the moment of actual transfer of the Goods to the Buyer and payment by the latter of the full value of the Goods.
2.3 The risk of accidental loss or damage of the Goods passes to the Buyer from the moment of actual transfer of the Goods to the Buyer.
2.4. Price of Goods is specified in Belarusian rubles.
2.5. Final Price of Goods shall be determined by consecutive action on the Goods Price of discounts in the following order:
Promotional discount
promotional code discount
The terms of discounts are indicated on the Website during the promotional period.
3.Ordering the Goods
3.1 This Agreement is a public offer
3.2 The acceptance of this offer (agreement) is registration by the Buyer of an order for Goods in accordance with the terms of this offer.
3.3 By accepting this offer the Buyer agrees that:
registration data (including personal data) specified by him voluntarily;
registration data (including personal data) are transmitted in electronic form through open communication channels of the Internet;
registration data (including personal data) is transferred to the Seller for purposes specified in this offer and may be disclosed to third parties, for purposes specified in this offer
registration data (including personal data) can be used by the Seller in order to promote products and services, by means of direct contacts with the Buyer via communication channels;
in order to provide additional protection against fraudulent actions, the Buyer's registration data (including personal data) may be transmitted to the bank, performing transactions on payment for orders on the Site;
the Buyer's consent to the processing of his registration data (including personal data) is indefinite and may be revoked by the Buyer or his legal representative by submitting a written application to the Seller by sending it by e-mail or by hand to the Seller's registered office.
3.4 The Buyer shall order Goods in one of the following ways:
- independently using the service of the Seller's Website;
- by contacting by phone the Seller;
- by using messengers.
3.5 The fact of placing the order by the Buyer is the Buyer's consent to the Seller's advertising mailing of SMS messages about the status of his order or messages to his e-mail address and surveys to improve the quality of Buyer's service. The Buyer, who has purchased the goods at the Seller's online store (placed an order for the goods), shall be considered as a person who has entered into a relationship with the Seller under the terms of this Agreement.
3.6. The Seller ensures availability of the Goods presented on the Site in its warehouse. In case the Goods are out of stock, they are not available for ordering on the Site, the "to cart" button becomes inactive. The photographs accompanying the Goods are simple illustrations of them and may slightly differ from the actual appearance of the Goods. The descriptions/characteristics accompanying the Goods contain information in accordance with the requirements of the legislation and do not claim to be exhaustive and may contain typographical errors. The Buyer may contact the Seller by phone or e-mail according to the Seller's details in order to clarify the information on the Goods. 3.7.
3.7 If the Commodities ordered by the Buyer are out of stock at the Seller, the Seller has the right to exclude the said Commodities from the Order / cancel the Buyer's Order by notifying the Buyer by sending a corresponding email to the address specified by the Buyer during registration (or by calling from the Seller).
3.8 In case the prepaid Order is cancelled fully or partially due to unavailability of any Goods, the Goods that are unavailable may be replaced by the Goods that are available in the Seller's stock. If the value of the newly selected Goods is more than the value of the previously selected Goods that are out of stock, the difference in value shall be transferred within seven days from the date of the renewed Order and the electronic application for return.
3.9 After placing the Order on the Website, the Buyer, after the Seller processes the Order, shall be sent a tracking number to track the Order within one or two working days. The Seller's employee serving this Order, if necessary, clarifies the details of the Order, agrees the date of delivery, which depends on the availability of the ordered Goods in the Seller's warehouse and the time required to process and deliver the Order.
4.Payment for Goods
4.1 The Buyer chooses one of the offered methods of payment for the Goods when placing the Order:
4.2. advance payment for Goods by the Buyer while executing the Order on the Seller's website by means of Card payment transaction in accordance with the current legislation of Ukraine and the agreement between the credit organization that issued the Card and the Buyer.
4.3 The Buyer pre-payment for Goods at independent execution of the Order on the Seller's website is made by Buyer by way of money transfer via systems in accordance with the procedure stipulated by the current legislation of Ukraine, and the agreement between the payment services and the Buyer.
5. Goods delivery
5.1 The conditions of Goods delivery, namely the approximate time of delivery and its cost are set by the Seller. The total cost of the Order, including the cost of delivery by the method chosen by the Buyer, is calculated individually and is reported to the Buyer at the moment of the Order confirmation. The cost of delivery may be changed if the delivery address is changed. Payment for delivery is made by the Buyer simultaneously with the payment of the Order.
5.2 Delivery of Goods can be carried out by the Seller with the involvement of courier services. Upon Delivery, the Order shall be delivered directly to the Buyer, or to another person specified by the Buyer as the Recipient of the Order. When delivering the pre-paid Order, the Courier, in order to prevent fraud, has the right to require the recipient's identification documents. In this case, the Seller guarantees Confidentiality and protection of Recipient's personal information.
5.3 Upon delivery of the Goods, the Buyer shall check the integrity of the outer packaging of the parcel, and then sign and date it on the delivery note form, thus confirming the absence of any complaints about the appearance and integrity of the package.
5.4 The Seller undertakes to make every effort to comply with the delivery time, but the final terms of receipt of the Goods by the Buyer depend on the delivery region, courier service operation and possible unforeseen circumstances that may occur through no fault of the Seller.
6. Rights and obligations of the parties
6.1 The Seller undertakes:
6.1.1 From the date of this Agreement to ensure the full performance of all obligations to the Buyer in accordance with the terms of this Agreement and applicable law. The Seller reserves the right not to fulfill obligations under the Contract in case of force majeure circumstances.
6.1.2 Process the Buyer's personal data in accordance with the procedure established by the current legislation regarding the organization of processing and security of personal data.
6.1.3 To send the electronic form of the cash receipt to the Customer's e-mail address, which was specified when paying for the Order on the Website.
6.2 Seller has the right to:
6.2.1 To change this Agreement, Prices for the Goods and Tariffs for related services, methods and terms of payment and delivery of goods unilaterally, by placing them on the pages of the Internet-shop. All changes shall take effect immediately after publication and shall be deemed to have been communicated to the Buyer from the time of such publication.
6.2.2 Keep records of telephone conversations with the Buyer. In accordance with Clause 4 of Article 16 of the Law "On Information, Information Technologies and Information Protection" the Seller undertakes: to prevent attempts of unauthorized access to information and/or its transfer to persons not directly related to the execution of Orders, to detect and suppress such facts in a timely manner.
6.2.3 Without the consent of the Buyer to transfer its rights and obligations under the Contract to third parties.
6.2.4 Delivery of the Goods ordered by the Buyer is carried out on the basis of 100% prepayment of the ordered Goods. The Seller has the right to refuse delivery of Goods to the Buyer in the absence of such payment.
6.2.5. The Seller has the right not to deliver the Goods to the Buyer by courier, including without 100% prepayment for the ordered Goods, to the address specified when the Customer placed the order, and to deliver the Goods to the Customer's agreed self-delivery point.
6.2.6 The Seller has the right to send promotional and informational messages to the Buyer via push notifications with information about discounts, promotions, new arrivals, etc. The Seller unilaterally determines the frequency of push notifications.
6.2.7 Seller has the right to unilaterally change the terms and conditions of Promotions posted on the Shop's website without the Buyer's consent by posting such changes on the Shop's website.
6.3 Buyer undertakes:
6.3.1 To read the contents and terms of the Agreement and the prices of the Goods offered by the Seller in the online store.
6.3.2 When fulfilling the Seller's obligations to the Buyer, the latter shall provide all the necessary data unambiguously identifying him as a buyer and sufficient for the delivery of the Goods ordered by him to the Buyer.
6.3.3 Pay for the ordered Goods and their delivery in accordance with the terms of this contract.
6.3.4 If the Buyer indicates a non-cash method of payment for the Order (by bank card or electronic payment system) when placing the Order, the Buyer shall pay for his Order within 24 hours from the moment of registration.
6.4 The Buyer has the right:
6.4.1 Buyer has the right to opt out of receiving emails and sms.
6.4.2 To exercise all rights provided by applicable law.
7. Return of goods
7.1 Claim form and how to file a claim.
Attention!
Returns and exchanges of goods are carried out in accordance with the rules set out in this offer.
In the case of sending a claim, including demands for a return and/or exchange of goods, by any other means, Seller is not responsible for the timeliness of its consideration.
7.2 Exchange and return of goods of proper quality.
7.2.1.Goods of proper quality are goods that retain their trade dress and consumer properties, without damage to the factory (consumer) packaging, seals and nameplates. The costs associated with the return or exchange of goods of proper quality shall be borne by the Buyer.
7.2.2 The return of Goods of proper quality must be made within seven (7) days from the date of receipt. For this purpose, the following must be enclosed in a valuable parcel with an estimated amount equal to the value of the Goods:
1. the Goods in undamaged factory (consumer) packaging, the consumer properties of the Goods must be intact along with the Goods, and the seals must not be broken.
2. A copy of the receipt of payment for the order,
3. Application for refund of funds.
Return of Goods of proper quality is possible if they retain their trade dress, consumer properties (including the consumer packaging), as well as the document confirming the fact and conditions of purchase of the said Goods.
7.2.3 If the Buyer rejects the Goods in accordance with Clause 8.2. the Seller shall compensate to the Buyer the cost of the returned Commodities, excluding expenses connected with delivery of Commodities returned by the Buyer, within 10 days from the moment of receipt of returned Commodities to the Seller's warehouse, on condition of presence of the completed application of the Buyer for return and copy of the receipt of payment. The return of funds shall be made by bank transfer in the amount of the cost of Goods within the time limits stipulated by the Rules for the sale of goods by remote method.
7.3.1 Goods of inadequate quality means goods that do not meet the terms of the contract. Unsatisfactory quality goods means goods which are defective and cannot ensure the performance of their functional qualities as a result of improper transportation.
If you receive an item of inadequate quality, you can exchange it for a quality item free of charge or get the money you spent to buy it.
To do this within 3 (three) days send the goods of poor quality by a valuable parcel with the amount of the assessment equal to the cost of goods through Novaya Mail. Enclose in the parcel a copy of the receipt on payment of postal expenses and a statement with the reason for return, as well as the Statement of Defects drawn up when opening the package.
7.3.2 Upon receipt of the goods, examination of the application and confirmation of the presence of the claimed defects that are not the fault of the Buyer, our store is obliged to return the cost of goods (or to make a replacement product, at the choice of the Buyer) and reimburse the postage costs associated with its shipment. The refund will be made by postal order in the amount of the cost of goods and the cost of its postage within the period prescribed by the Rules of sale of goods by remote means.
7.3.3 The refund period shall be calculated from the moment of receipt of the parcel with goods and application with the reason of exchange/return to the Seller or from the moment of receipt by the Seller of the documents specified in paragraph 8.2.2. of this Offer (in case of return/exchange of goods not subject to return by Mail).
7.3.4 Money for the goods shall be refunded within 10 days from the moment of submission of the Buyer's justified claim. When the goods are returned to the seller remotely, the refund of money for the order shall be made after receiving the goods back to the warehouse, except for the cases of returning the Goods which are not subject to shipment by the New Mail or the Ukrposhta.
7.4 The bank commissions, paid by the Buyer, shall not be compensated by the Seller when returning the funds to the Buyer in cashless form.
8. Cancellation of the offer
8.1 The Seller can withdraw the offer (Agreement) at any time, but this is not the basis for the Seller's withdrawal from the obligations under the contracts already concluded. The Seller is obliged to place the notice on withdrawal of the offer in its Internet-shop, specifying the exact time of withdrawal of the offer, at least 12 hours before the fact of withdrawal (suspension) of the offer's validity.
9. Confidentiality and data protection
9.1 The Buyer's personal data is processed on the basis of the Law no. 152 "On Personal Data" and in accordance with the Seller's policy on personal data processing.
When registering on the Website, the Buyer provides the following personal data: last name, first name, contact phone number, e-mail address, date of birth, gender, delivery address.
By providing his/her personal data to the Seller, the Buyer consents to the processing of personal data, receipt of personal data by the Seller from the Buyer and other persons, transfer of personal data to third parties in order to achieve the purposes of personal data processing and confirms that by making the decision he/she acts freely, willingly and in his/her own interest. The consent shall be given in order to fulfill the Seller's obligations to the Buyer under this Agreement, promote the Seller's goods and services, conduct electronic and sms surveys, control the results of marketing campaigns, customer support, organize delivery of goods to Buyers, conduct prize drawings among Buyers, control Buyer's satisfaction, as well as the quality of services provided by the Seller.
9.2 Processing of personal data means any action (operation) or a set of actions (operations) performed with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (including transfer to third parties, not excluding cross-border transfer, if the need for it arose during the performance of obligations), anonymization, blocking, removal, destruction of personal data (including the transfer to third parties, if the need arose during the performance of obligations).
The Seller is entitled to send informative messages, including advertising ones, to e-mail and cell phone of the User/Buyer with his consent, expressed by performing actions that unambiguously identify this subscriber and allow to reliably establish his will to receive the message. The User/Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal by informing the Seller about his refusal by phone of the Seller. Service messages informing the User/Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the User/Buyer.
9.3 The Consent may be withdrawn at any time by withdrawing the acceptance of this Public offer by written request to the Seller. The processing of personal data can be continued in the presence of the grounds referred to in paragraphs 2;11 of Part 1 of Article 6, Part 2 of Article 10 and Part 2 of Article 11 of the Federal Law № 152 "On Personal Data".
9.4 The Seller shall be entitled to use cookies. "Cookies do not contain confidential information. The Buyer hereby consents to the collection, analysis and use of cookies, including by third parties.
9.5 Seller has the right to use "cookies" technology. "Cookies" do not contain any confidential information. The Buyer hereby consents to the collection, analysis and use of cookies, including by third parties for the purposes of statistical formation and optimization of advertising messages.
9.6 The Seller shall not be liable for the information provided by the Buyer on the Site in the publicly available form. The Seller shall be entitled to delete the information posted by the Buyer in publicly accessible form on the Site, if it contains obscene language, insults, extremist messages, as well as other information, dissemination of which is prohibited by the current legislation.
10. Validity of the Public offer
10.1 This Public offer shall be valid from the date of posting on the Website, shall be effective in respect of the Buyer from the date of its acceptance and shall be valid until the withdrawal of the acceptance of the Public offer.
11. Additional conditions
11.1 The Seller shall be entitled to assign or otherwise transfer its rights and obligations arising from its relationship with the Buyer to third parties.
11.2 The Internet-shop and provided services can be temporarily partially or completely unavailable due to preventive or other works or any other reasons of technical nature.
11.3. All disputes related to non-performance or improper performance of its obligations under this contract, the parties will try to negotiate.
11.4 In case of failure to reach an agreement in the course of negotiations, disputes will be resolved in court in accordance with the current legislation of Ukraine.
Taking into account importance of the above-stated, a person, interested in purchase of Goods on conditions, fixed in the present Offer, is strongly recommended to carefully read its text, and in case of disagreement with any of its items, is offered to refuse purchase of Goods, provided by the Seller.
Offer Agreement
