Public offer
PUBLIC SALE AND PURCHASE AGREEMENT
1. DEFINITION OF TERMS
1.1. For this public sale and purchase agreement, the following terms shall have the following meanings:
1.1.1. Agreement - this public sale and purchase agreement concluded at a distance (according to the Order of the Ministry of Economy of Ukraine No. 103 dated 19.04.2007), which provides for the sale of the Goods to an indefinite number of Buyers using remote communication (Internet) through the online store on the website: kostumi.store by the individual entrepreneur Shapovalova Oleksandra Olehivna.
1.1.2. Goods - non-food consumer goods (clothing, accessories, Etc.), offered for sale at a distance using remote communication (Internet) in the Online Store under the terms of this Agreement.
1.1.3. The Seller is an individual entrepreneur Shapovalova Oleksandra Olehivna. The location, contact details, and working hours of the Seller are indicated in the "Contacts" section of the website: kostumi.store of the Online Store.
1.1.4. The Buyer is any legally capable person who, in the manner prescribed by this Agreement, has entirely accepted (accepted) all its terms without exception.
1.1.5. The Recipient of the Goods is any legally capable person designated by the Buyer in the relevant Order for the Goods as the Recipient of the Goods.
1.2. For this Agreement, all terms specified in clause 1.1. of this Agreement shall be used exclusively in the meaning defined in clause 1.1. of this Agreement, regardless of using these terms in the singular or plural form or other grammatical forms, cases, or constructions.
1.3. All other terms not explicitly defined in this Agreement shall be perceived and interpreted in their literal, grammatical meaning based on the provisions of the current legislation of Ukraine, business practices, and the purpose and subject matter of this Agreement.
2. SUBJECT OF THE AGREEMENT
2.1. In the manner and under the conditions established by this Agreement, the Seller undertakes to transfer the Goods selected by the Buyer to the Buyer, and the Buyer undertakes to accept and pay for the Goods in the manner and under the conditions established by this Agreement.
2.2. The ownership of the Goods shall be transferred to the Buyer at the time of delivery (transfer) and subject to full payment by the Buyer of the cost of the Goods in the manner and on the terms established by this Agreement.
3. SELECTION OF GOODS AND THE PROCEDURE FOR CONCLUDING A CONTRACT
3.1. The Buyer independently and at his discretion chooses in the online store on the website: kostumi.store the available and offered for sale Goods and:
- clicks the "Buy" button and independently fills out and sends to the Seller the "Ordering" form, in which, in particular, he must indicate his surname, name and patronymic, his contact phone number, e-mail address, the selected payment method, the selected method and the desired place of delivery of the Goods (if the Buyer wishes to receive the Goods with delivery), the surname, name, and patronymic of the Recipient of the Goods (if the Recipient of the Goods will receive the Goods),
3.2. After filling out the "Ordering" form, the Buyer must carefully read all the terms of this Agreement, and in case of acceptance (acceptance) of these terms in full, clicks the "Order Confirmation" button, which is considered the fact that the Buyer has sent the corresponding Order for the selected Goods.
3.3. This Agreement is considered concluded, and the Seller's offer to terminate this Agreement (proposal) is entirely accepted (accepted) by the Buyer from the moment the Buyer clicks the "Order Confirmation" button on the website: kostumi.store
3.4. By clicking on the "Order Confirmation" button, the Buyer confirms his entire and complete Agreement with all the terms of this Agreement without exception, including the terms of delivery and payment for the Goods at the prices indicated on the website: kostumi.store as of the date of the Buyer's conclusion of this Agreement.
3.5. By clicking on the "Order Confirmation" button, the Buyer confirms that the Seller has duly notified him in a convenient and accessible way following the requirements of Part 2 of Article 13 of the Law of Ukraine "On Consumer Protection" about:
- the location and mode of operation of the Seller;
- the main characteristics and consumer properties of the Goods selected by the Buyer;
- the cost of the Goods selected by the Buyer, as well as the cost of their delivery to the Buyer;
- the method, procedure, and terms of payment and delivery of the Goods selected by the Buyer;
- the procedure for accepting claims;
- the period of acceptance of the offer (offer) to conclude this public Agreement;
- the procedure for termination of this Agreement;
- other terms and conditions on which the Goods are offered for sale.
3.6. By clicking on the "Order Confirmation" button, the Buyer confirms that he has received all the necessary, accessible, reliable, and timely information about the selected Goods in full and properly following the requirements of Article 15 of the Law of Ukraine "On Consumer Protection," which thoroughly ensured the possibility of conscious and competent choice of this Goods.
3.7. Clicking on the "Order Confirmation" button by the Buyer is considered unconditional and complete acceptance by the Buyer of all the terms of this Agreement without exception, as well as entry into the relevant contractual legal relationship with the Seller.
3.8. In cases provided for by the current legislation of Ukraine, this Agreement shall be concluded in writing.
3.9. The term for processing and registration by the Seller of the Order for the Goods sent by the Buyer is up to 2 (Two) working days from the date of filling and shipping by the Buyer in the manner prescribed by clauses 3.1.-3.2. of this Agreement, the form of such an Order for the Goods. If the Buyer sent the specified Order for the Goods on a weekend or a holiday, the term for processing and processing, this Order for the Goods begins on the first business day after the weekend or holiday.
3.10. Within the period established by clause 3.9. of this Agreement, the Seller undertakes to
- assign a serial number to the Order for the Goods sent by the Buyer;
- send to the e-mail address specified by the Buyer in this Order for the Goods an automatic e-mail message about the processing of this Order for the Goods, which indicates the serial number of this Order for the Goods assigned by the Seller and information about the delivery time of the Goods ordered by the Buyer (if the Buyer ordered the Goods with delivery).
3.11. By notifying the Seller, the Buyer has the right to withdraw from this Agreement during the entire period from the moment of its conclusion (acceptance by the Buyer of the Seller's offer) and until the actual receipt of the ordered Goods.
4. RIGHTS AND OBLIGATIONS
4.1 The Buyer has the right:
4.1.1. require the Seller to fully and properly fulfill the terms of this Agreement;
4.1.2. refuse to accept and pay for defective or incomplete Goods or Goods that do not correspond to the sent Order for these Goods;
4.1.3. withdraw from this Agreement in the manner and the cases provided for by this Agreement and the current legislation of Ukraine;
4.1.4. terminate this Agreement in the manner and the cases provided for by this Agreement and the current legislation of Ukraine;
4.1.5. in case of termination or withdrawal from this Agreement, demand from the Seller a refund of the money paid for the Goods;
4.1.6. exercise other rights provided for by this Agreement and the norms of the current legislation of Ukraine.
4.2. The Buyer undertakes to:
4.2.1. properly and fully fulfill all its obligations under this Agreement;
4.2.2. before entering into this Agreement, carefully read its terms and conditions, as well as familiarize yourself with the cost of the Goods offered for sale in the Online Store, the methods and procedure for its payment;
4.2.3. before concluding this Agreement, carefully read the cost and methods of delivery of the Goods on the pages "Delivery and Payment" website: kostumi.store of the kostumi.store online store.
4.2.4. in the manner and under the conditions established by this Agreement, accept the ordered quality and complete Goods;
4.2.5. to pay the cost of the ordered Goods within the terms, in the manner, and on the conditions established by this Agreement;
4.2.6. to fulfill other obligations stipulated by this Agreement and the norms of the current legislation of Ukraine.
4.3. The Seller has the right:
4.3.1. depending on the market conditions, periodically review and change the price of the Goods offered for sale in the Online Store;
4.3.2. to conduct Sales and offer Promotional Offers, which provide a temporary opportunity to purchase the Goods on more favorable terms than usual;
4.3.3. exercise other rights provided for by this Agreement and the norms of the current legislation of Ukraine.
4.4. The Seller undertakes:
4.4.1. properly and fully fulfill all its obligations under this Agreement;
4.4.2. provide the Buyer with complete and accurate information about the Goods and their value by posting this information on the website: kostumi.store;
4.4.3. provide the Buyer with complete and accurate information about the cost and methods of delivery of the Goods by posting this information on the pages "Delivery and Return" and "Payment" on the website: kostumi.store of the kostumi.store online store.
4.4.4. within the terms, in the manner and under the conditions established by this Agreement, ensure the delivery of the Goods ordered by the Buyer to the place specified by the Buyer and in the manner chosen by the Buyer in the relevant Order for such Goods;
4.4.5. within the terms, in the manner, and on the conditions established by this Agreement, ensure the transfer (delivery) to the Buyer or the Recipient of the Goods ordered by the Buyer of the quality and complete Goods in proper packaging, as well as transfer together with the Goods all the documents specified in clause 6.11. of this Agreement;
4.4.6. in case of termination of this Agreement within the period established by this Agreement and the norms of the current legislation of Ukraine, return the funds paid for the Goods within the terms, in the manner and on the conditions established by this Agreement;
4.4.7. fulfill other obligations stipulated by this Agreement and the current legislation of Ukraine.
5. COST OF GOODS AND PAYMENT PROCEDURE
5.1. The cost of the Goods offered for sale in the online store is indicated on the website: kostumi.store (an integral part of this Agreement) and is set in the manner prescribed by the current legislation of Ukraine.
5.2. The cost of the Goods offered for sale in the Online Store includes all taxes, fees, and any other, including non-tax, mandatory payments.
5.3. The Seller has the right to conduct seasonal or any other types of sales of the Goods offered for sale in the Online Store (from now on referred to as the sale).
5.4. The Seller has the right to offer the Buyers to purchase several Goods or a combination of them at once, as well as to provide the Buyers, in the case of purchasing specific Goods determined by the Seller, to purchase other Goods determined by the Seller at a reduced price (from now on referred to as Promotional Offers). In this case, the Seller on the website: kostumi.store of the Online Store shall additionally indicate the following information (an integral part of this Agreement)
- the content and cost of the Promotional Offer, and in case of offering to purchase several Goods at once or combining them for one price - the cost of such Goods for each separately;
- the terms of acceptance of the Promotional Offer, including the term of its acceptance, as well as any restrictions on its acceptance, including restrictions on the number of Goods offered for purchase on such terms.
5.5. The cost of the Goods ordered by the Buyer is equal for this Buyer to the cost of these Goods indicated on the website: kostumi.store of the online store at the time of the conclusion of this Agreement by this Buyer (acceptance by this Buyer of the Seller's offer).
5.6.From the moment the Buyer enters into this Agreement (the Buyer accepts the Seller's offer), the Seller has no right to change or otherwise revise the cost of the Goods ordered by the Buyer, as well as the cost of its delivery, in any way and under any circumstances.
5.7. If the Buyer has ordered the Goods with delivery, the delivery cost to the place and in the manner specified by the Buyer in the relevant Order for the Goods shall be included in the price of such Goods. In this case, in the payment document for the Goods (receipt, sales, or cashier's check), which is transferred to the Buyer together with the delivered Goods, the cost of the Goods and the delivery cost shall be indicated separately and together.
5.8. By filling out the "Ordering" form, the Buyer, at his discretion, chooses one of the "Delivery and Payment" pages on the website: kostumi.store of the kostumi.store online store (an integral part of this Agreement), the methods of payment for the cost of the Goods he ordered, including the cost of its delivery (if the Buyer ordered the Goods with delivery).
5.9. Payment for the cost of the ordered Goods, the cost of which exceeds UAH 19,999.99, shall be made by the Buyer only by bank transfer.
5.10. Failure of the Buyer to fulfill its obligations to pay for the Goods ordered by it is considered a unilateral refusal of the Buyer from this Agreement in total, which, accordingly, entails the termination in full of all obligations of the Seller arising from the Buyer's acceptance of the Seller's offer to conclude this Agreement.
5.11. All payments under this Agreement shall be made exclusively in the national currency of Ukraine. For the convenience of informing some Buyers, the Seller may also indicate the price in foreign currency, and the amount payable in UAH shall be determined at the official exchange rate of the respective money on the day of payment.
6. DELIVERY AND DELIVERY (TRANSFER) OF THE GOODS
6.1. If the Buyer has ordered the Goods without delivery, he can independently receive the ordered Goods at the Seller's address specified in the "Contacts" section on the website: kostumi.store of the online store kostumi.store
6.2. If the Buyer has ordered the Goods with delivery, the Seller undertakes to deliver the ordered Goods to the Buyer or the Recipient of the Goods within the period specified in the relevant automatic electronic message about the processing of the Buyer's Order for the Goods, but in any case no later than 30 (Thirty) calendar days from the date of conclusion of this Agreement by the Buyer (acceptance by the Buyer of the Seller's offer) to the Buyer or the Recipient of the Goods at the place of delivery of the Goods specified by the Buyer in the relevant Order for the Goods.
6.3. The Seller shall deliver the Goods in the manner and to the place specified by the Buyer in the relevant Order for the Goods.
6.4. The Recipient of the Goods ordered by the Buyer is the Buyer or the Recipient of the Goods.
6.5. The delivery cost of the Goods ordered by the Buyer shall be determined depending on the place and method of delivery specified by the Buyer in the relevant Order for the Goods.
6.6. Information on the cost and possible methods of delivery of the Goods (an integral part of this Agreement) is contained on the page "Delivery and Returns" on the website: kostumi.store of the kostumi.store online store.
6.7. The Seller carries out delivery of the Goods ordered by the Buyer on its own or with the help of couriers and delivery services engaged by the Seller on a partnership basis, depending on the place and method of delivery specified by the Buyer in the relevant Order for the Goods.
6.8. The list of couriers and delivery services involved by the Seller on a partnership basis (an integral part of this Agreement) is contained on the "Warranties and Returns" page on the website: kostumi.store of the online store kostumi.store .
6.9. Delivery and delivery (transfer) of the ordered Goods through the delivery service of LLC "Nova Poshta" is carried out under this Agreement, taking into account the peculiarities of the terms of delivery of goods established by LLC "Nova Poshta" ( http://novaposhta.ua ).
6.10. The Goods are delivered (transferred) to the Buyer or the Recipient of the Goods in packaged form.
6.11. Together with the Goods, the Seller undertakes to transfer to the Buyer or the Recipient of the Goods:
- one copy of the Order form for the Goods, executed by the Seller following the requirements of the current legislation of Ukraine, sent by the Buyer in the manner prescribed by clauses 3.1.-3.2. of this Agreement;
- the relevant payment document of the established form (receipt, sales, or cash receipt) with a note on the date of purchase (date of transfer) of the Goods;
- instructions for the care of the Goods.
6.12. Delivery (transfer) of the ordered Goods to the Buyer or the Recipient of the Goods shall be carried out exclusively under the following conditions:
- payment by the Buyer of one hundred percent of the cost of such Goods in the manner and on the terms established by this Agreement;
- presentation by the Buyer or the Recipient of the Goods of a document proving their identity.
6.13. When delivering (transferring) the ordered Goods to the Buyer or the Recipient of the Goods, the Seller or couriers and delivery services engaged by the Seller on a partnership basis that delivered such Goods, in the presence of the Buyer, shall check the compliance of the Goods with the Order for these Goods sent by the Buyer in the manner prescribed by clauses 3.1.-3.2. of this Agreement.
6.14. If the ordered Goods do not correspond to the relevant Order for these Goods sent by the Buyer or the Goods are of poor quality, incomplete, or have any defects, the Buyer has the right at its sole discretion
- either withdraw from this Agreement
- or demand the exchange (replacement) of these Goods for the same Goods of good quality following the Order for the Goods sent by the Buyer or for other similar Goods from among the Goods available for sale in the kostumi.store online store
6.15. If the ordered Goods are of good quality, complete and fully comply with the relevant Order for these Goods sent by the Buyer, the Buyer or the Recipient of the Goods shall sign
- the second copy of the Order form for the Goods and submits it to the Seller,
- or a document of the established form of the delivery service engaged by the Seller on a partnership basis.
6.16. The signature of the Buyer or the Recipient of the Goods on the second copy of the Order form for the Goods is an unconditional confirmation of the following facts
- receipt of the ordered Goods by the Buyer or the Recipient of the Goods;
- compliance of the ordered Goods with the Order for these Goods sent by the Buyer;
- the Buyer has no claims regarding the quality and completeness of the ordered Goods.
6.17. The risk of accidental destruction, loss, or damage to the ordered Goods shall be transferred to the Buyer from the moment of delivery (transfer) to the Buyer or the Recipient of the Goods.
6.18. This Agreement shall be deemed fulfilled upon delivery (transfer) to the Buyer or the Recipient of the Goods of the complete Goods ordered by the Buyer of good quality, which fully complies with the Order for these Goods sent by the Buyer.
6.19. The refusal of the Buyer or the Recipient of the Goods to accept the ordered Goods, which are of high quality, complete and fully comply with the Order for these Goods sent by the Buyer or the refusal of the Buyer or the Recipient of the Goods to sign the documents for this Goods shall be considered a unilateral refusal of the Buyer from this Agreement in total, which, accordingly, shall result in the termination in full of all obligations of the Seller arising from the Buyer's acceptance of the Seller's offer to conclude this Agreement, except for the duties to return funds, including
7. QUALITY OF THE GOODS, PROCEDURE FOR FILING, AND SATISFACTION OF THE BUYER'S CLAIMS
7.1. The Seller undertakes to transfer to the Buyer the Goods ordered by him of good quality, suitable for the purpose for which such Goods are usually used.
7.2. The quality of the Goods must meet the requirements established for this category of Goods in the relevant laws, regulations, and regulatory documents.
7.3. The warranty period begins from the date of delivery (transfer) of the ordered Goods to the Buyer.
7.4. For seasonal goods (clothing, fur, and other products), the warranty period is calculated from the beginning of the relevant season, which is established by the Cabinet of Ministers of Ukraine (Resolution of the Cabinet of Ministers of Ukraine of March 19, 1994 No. 172 "On Implementation of Certain Provisions of the Law of Ukraine "On Consumer Rights Protection").
7.5. When the Buyer exchanges the Goods of good quality or exchanges (replaces) the Goods with significant defects, its warranty period shall be calculated anew from the date of exchange of the Goods of good quality or the date of exchange (replacement) of the Goods with significant defects.
7.6. The period of free elimination of defects in the Goods by the Seller shall increase the warranty period. The period shall be calculated from when the Buyer handed over the Goods to the Seller to eliminate its defects.
7.7. In case of detection during the established warranty period of defects in the purchased Goods, the Buyer has the right to demand:
- a proportional reduction in the price of the Goods;
- free elimination of defects in the Goods;
- reimbursement of expenses for the elimination of defects of the Goods.
7.8. In case the Buyer claims for free elimination of defects in the Goods, such defects shall be eliminated by the Seller within 14 (Fourteen) days from the date of receipt of the defective Goods by the Seller or within another period by mutual Agreement of the Seller and the Buyer.
7.9. In case of detection during the established warranty period of defects in the purchased Goods, the Buyer has the right, at his discretion, to present to the Seller one of the requirements provided for in clause 7.7. of this Agreement and in case of non-fulfillment - to declare another condition, which is also contained in the list of clause 7.7.
7.10. In case of detection during the established warranty period of significant defects of the Goods (as defined by the Law of Ukraine "On Protection of Consumer Rights"), which arose through the fault of the Seller, or detection of facts of falsification of the Goods, confirmed, if necessary, by an expert opinion, the Buyer has the right at his discretion
- terminate this Agreement with a full refund of the money paid for the Goods;
- demand the exchange (replacement) of the Goods with significant defects or falsified Goods for the same Goods of good quality or other similar Goods from among the Goods available for sale with the corresponding transfer of the cost of the Goods following the current legislation of Ukraine.
7.11. In case of detection during the established warranty period of significant defects (as defined by the Law of Ukraine "On Protection of Consumer Rights") of the purchased Goods, the Buyer has the right, at his discretion, to present to the Seller one of the requirements provided for in clause 7.10. of this Agreement, and in case of non-fulfillment - to declare another condition, which is also contained in the list of clause 7.10.
7.12. The claims are provided in clause 7.7. and 7.10. of this Agreement shall be considered by the Seller subject to the presentation by the Buyer of the relevant payment document of the established form (receipt, sales, or cash receipt) with a note on the date of purchase (date of transfer) of the Goods.
7.13. The Buyer's claims are provided for in clause 7.7. and 7.10. of this Agreement shall not be satisfied if the Seller proves that the defects of the Goods arose as a result of violation by the Buyer of the rules for using the Goods or the conditions of its storage.
7.14. The manufacturer sets the warranty period for the Goods and is one month. If the Buyer has a document confirming the purchase of the Goods, the Buyer shall contact the online store in case of need for warranty service.
During the warranty period, it is allowed and is not a defect:
Wear and tear of parts (parts) of the Goods (product), as well as its external and internal coating during operation.
Shrinkage or stretching of the materials (fabrics) of the Goods during operation and cleaning (washing) within the normal range.
Deviation of the Goods (product) characteristics from those specified in the documentation within the normal range.
The warranty does not apply to:
Products with traces of malfunction include but are not limited to, tears, stretching, tightening, impacts, and mechanical damage: dents, chips, minor scratches, traces of deformation, improper cleaning, and other violations of the proper operation of the Goods (product).
Damage (external or internal) caused by any mechanical impact, shock or vibration loads, application of external force to parts of the Goods (product), cracks, chips, scratches, scuffs, surface scoring, deformation of materials and components, Etc.
Damage to the Goods (product) by water (detergents) due to violating the operating rules.
Damage due to the Goods (product) exposure to caustic chemicals or solvents.
Damage to the Goods (product) due to the loss of stones and other decorative elements.
The warranty is not valid in the following cases:
Violation of the rules of operation or use of the Goods (product) for other purposes.
Lack of documents confirming the purchase of the Goods (product).
Appeal after the expiration of the warranty period.
8. EXCHANGE AND REPLACEMENT OF GOODS
8.1. The Buyer has the right, within the period established by the current legislation of Ukraine, to exchange the Goods of good quality for a similar one from the Seller if the Goods do not satisfy him in terms of shape, size, style, color, size or for other reasons cannot be used for their intended purpose.
8.2. The exchange of Goods of good quality is carried out if they have yet to be used and if their presentation, consumer properties, seals, labels, and the payment document issued to the consumer together with the sold Goods are preserved.
8.3. The list of Goods that are not subject to exchange and return on the grounds specified in clause 8.1. of this Agreement is approved by the Cabinet of Ministers of Ukraine (zakon4.rada.gov.ua/laws/show/172-94-p).
8.4. The exchange of Goods of good quality, as well as the exchange (replacement) of the Goods with significant defects, is carried out by the Seller based on a written application of the Buyer, delivered personally to the Seller's representative or sent to the Seller's address specified in the section "Contacts" on the website: kostumi.store of the online store kostumi.store
8.5. The Buyer's requirements for the exchange of Goods of good quality, as well as the Buyer's requirements for the exchange (replacement) of Goods with significant defects, if the Seller has the Goods necessary for the exchange or replacement, shall be immediately satisfied by the Seller, but in any case no later than 14 (Fourteen) working days from the date of receipt of the application specified in clause 8.4. of this Agreement from the Buyer.
8.6. The exchange of Goods of good quality, as well as the exchange (replacement) of the Goods with significant defects, is carried out by the Seller if the Buyer has the appropriate payment document of the established form (receipt, sales or cash receipt) confirming the sale of the Goods to the Buyer, with a note on the date of purchase (date of transfer) of the Goods.
8.7. If at the time of the Buyer's request to the Seller to exchange the Goods of good quality for other similar Goods, the Goods required by the Buyer for the exchange are not on sale in the Online Store, the Buyer has the right
- or exchange the purchased Goods for any other Goods from among the Goods available for sale in the Online Store with the corresponding transfer of the value of the Goods following the current legislation of Ukraine;
- or terminate this Agreement as prescribed by Section 9 of this Agreement.
- or to exchange the received Goods for other similar Goods at the first receipt for sale in the Online Store. In this case, the Seller will notify the Buyer on the day of receipt of such Goods for sale.
8.8. The Buyer's return of the Goods of good quality and the Buyer's return of the Goods with significant defects in connection with the exchange or replacement of such Goods shall be carried out in the manner prescribed by Section 10 of this Agreement.
9. PROCEDURE FOR TERMINATION OF THE CONTRACT
9.1. The Buyer has the right to terminate this Agreement in the cases and within the terms established by the current legislation of Ukraine, notifying the Seller in the manner prescribed by clause 9.2. of this Agreement.
9.2. The Buyer's application for a refund of the funds paid for the Goods, sent to the Seller in the manner prescribed by clause 11.1. of this Agreement shall be considered a notice of termination of this Agreement.
9.3. This Agreement shall be deemed terminated when the Seller receives the Buyer's application for a refund of the funds paid for the Goods.
9.4. To exercise its right to terminate this Agreement, the Buyer must necessarily keep and present to the Seller the relevant settlement document of the established form (receipt, sales or cash receipt) confirming the purchase of the Goods, with a note on the date of sale (date of transfer) of the Goods.
9.5. Termination of this Agreement by the Buyer shall result in the return of the purchased (received) Goods to the Seller in the manner prescribed by Section 10 of this Agreement.
10. RETURN OF GOODS
10.1. In case of termination of this Agreement by the Buyer, in case of exchange by the Buyer of the Goods of good quality or exchange (replacement) by the Buyer of the Goods with significant defects, the Buyer shall immediately notify the Seller of the place (address) where the Goods can be returned, but only within the settlement to which the Buyer's Order delivered the specified Goods.
10.2. If the delivery of the Goods to the Buyer was carried out through the delivery service of Nova Poshta LLC, the Buyer shall return the Goods to the Seller in the same way.
10.3. In case of termination of this Agreement by the Buyer, in case of an exchange of the Goods of good quality or exchange (replacement) of the Goods with significant defects, the Buyer may also return the Goods to the Seller at his address specified in the section "Contacts" on the website: kostumi.store of the online store kostumi.store
10.4. The Buyer must return the Goods in the original packaging in which he or the Recipient of the Goods received the Goods.
10.5. The returned Goods must meet the following requirements: it has not been used, its presentation, consumer properties, seals, and labels, and the payment document issued to the consumer with the sold Goods have been preserved.
11. THE PROCEDURE FOR REFUNDING THE MONEY PAID FOR THE GOODS, THE PROCEDURE FOR REIMBURSEMENT OF THE BUYER'S EXPENSES
11.1. The refund of funds paid by the Buyer for the Goods/reimbursement of expenses for the elimination of defects in the Goods shall be made by the Seller based on a written application of the Buyer / his duly authorized representative, delivered personally to the Seller's representative or sent to the Seller's address specified in the "Contacts" section on the website: kostumi.store of the kostumi.store online store.
11.2. The Buyer must attach to the application specified in clause 11.1:
- the relevant settlement document of the established form (receipt, sales, or cashier's check) confirming the purchase of the Goods, with a note on the date of sale (date of transfer) of the Goods;
- documents confirming the costs incurred by the Buyer to eliminate the defects of the Goods (in case of claiming reimbursement of such expenses).
11.3. The Seller shall refund to the Buyer / his duly authorized representative the money paid for the Goods / reimburse the costs of eliminating the defects of the Goods in one of the following ways, depending on the method of delivery and delivery of such Goods, as well as the method of payment for the Goods:
11.3.1. Subject to cash payment for the Goods, if the Seller carried out the delivery and delivery of the Goods on its own:
- transfer
Of the corresponding amount of money to the account opened by the Buyer in a bank institution, including the card account specified by the Buyer in the application specified in clause 11.1. of this Agreement;
- or issuance to the Buyer of the corresponding amount of cash from the Seller's cash desk at the address specified in the "Contacts" section on the website: kostumi.store of the kostumi.store online store, provided that the Buyer
is notified in advance.
11.3.2. In case of cash payment for the Goods, if the delivery and delivery of the goods
was carried out with the help of couriers and delivery services engaged by the Seller on a partnership basis:
- transfer
of the corresponding amount of money to the account opened by the Buyer in a bank institution, including the card account specified by the Buyer in the application specified in clause 11.1. of this Agreement;
- or issuance to the Buyer of the corresponding amount of money in cash from the Seller's cash desk at the address specified in the "Contacts" section on the online store's website.
11.3.3. In case of cashless payment by using the service "Payment by card on the site":
- transfer the appropriate amount of money to the same Buyer's account from which the payment for the Goods was made.
11.3.4. In case of cashless payment using a mobile POS terminal:
- transfer of the corresponding amount of money to the same account of the Buyer from which the payment for the Goods was made.
11.3.5. In case of non-cash payment for the Goods by bank transfer by the Buyer of the corresponding amount of money equal to the value of the Goods to the current account of the Seller:
- by transferring the corresponding amount of money equal to the value of the Goods to the Buyer's bank account or to the Buyer's duly authorized representative (provided that the Buyer has granted such authority to his representative).
11.4. In the statement specified in clause 11.1. of this Agreement, the Buyer must indicate in which of the ways specified in clause 11.3. of this Agreement, he wishes to receive a refund of the money he paid for the Goods/reimbursement of expenses to eliminate defects in the Goods.
11.5. The Seller shall make the refund paid by the Buyer for the Goods, provided that the Buyer returns such Goods in the manner prescribed by Section 10 of this Agreement.
11.6. Refund of funds paid by the Buyer for the Goods/reimbursement of expenses for the elimination of defects in the Goods by the Seller based on Art. 9, Art. 13 of the Law of Ukraine "On Protection of Consumer Rights" shall be made no later than 7 (Seven) banking days from the date of receipt of the application specified in clause 11.1. of this Agreement from the Buyer.
11.7. In case of termination of this Agreement by the Buyer, the Buyer's withdrawal from this Agreement, exchange of the Goods of good quality by the Buyer, exchange (replacement) of the Goods with significant defects by the Buyer, the recalculation of the value of the Goods shall be carried out in cases provided for by the current legislation of Ukraine.
11.8. When the Buyer exchanges the Goods of good quality and exchanges (replaces) the Goods with significant defects for other Goods, the Seller shall make payments to the Buyer in the manner prescribed by Section 11 of this Agreement.
12. SELLER'S LIABILITY AND DISPUTE RESOLUTION PROCEDURE
12.1. The Seller shall be liable for breach of its obligations under this Agreement following the current legislation of Ukraine.
12.2. The Seller shall be released from liability for full or partial failure to fulfill its obligations under this Agreement if such failure results from force majeure.
12.3. For this Agreement, force majeure shall mean external and extraordinary events that did not exist at the time of the conclusion of this Agreement and arose independently of the Seller's will, provided that the Seller could not have foreseen the occurrence of such circumstances or prevented their event by means that could be pretty demanded and expected.
12.4. Force majeure circumstances are recognized, including, but not limited to: earthquakes, fires, floods, epidemics, epizootics, contamination by radiation or any nuclear source, transport accidents, military operations, insurrections, riots, revolutions, strikes, terrorist acts, social conflicts, decisions of state and local authorities, blockades, embargoes, international sanctions, Etc.
12.5. In case the Seller is unable to fulfill its obligations under this Agreement due to force majeure, the Seller shall immediately notify the Buyer of the occurrence, type, and possible duration of events that prevent the proper fulfillment of obligations under this Agreement within 5 (five) business days from the date of occurrence of such circumstances.
12.6. All disputes and disagreements arising between the Buyer and the Seller regarding exercising their rights and fulfilling their obligations under this Agreement shall be resolved through negotiations.
12.7. In case of failure to reach an agreement on the subject matter of the dispute through negotiations, all disputes and disagreements between the Buyer and the Seller regarding the exercise of their rights and fulfillment of their obligations under this Agreement shall be resolved following the procedure established by the current legislation of Ukraine.
13. OTHER TERMS AND CONDITIONS
13.1. This Agreement is a public contract (offer) for the retail sale of the Goods at a distance through remote communication (Internet) through the Online Store.
13.2. The acceptance period of the offer (offer) to conclude this public Agreement is set from November 1, 2017, to January 1, 2020, inclusive.
13.3 The Seller may withdraw or change the terms of the offer (offer) to conclude this public Agreement and change the terms of this General Agreement at any time without further notice to the Buyer.
13.4 Withdrawal or change of the terms of the offer (offer) to conclude this public Agreement, as well as changes to the terms of this General Agreement, may not be grounds for:
-any revision or change in the terms or termination of the agreements already concluded by the Seller with the Buyers under the terms of this public Agreement;
-the Seller's refusal to fulfill its obligations under the agreements already concluded with the Buyers under the terms of this public Agreement.
13.5. The terms of the offer to conclude this public Agreement and the terms of this General Agreement are the same for all Buyers.
13.6. The Seller's offer (offer) to conclude this public Agreement shall be deemed accepted by the Buyer in full from the moment the Buyer terminates this general Agreement in the manner prescribed by clause 3.3. of this Agreement.
13.7. The conclusion of this public Agreement (acceptance by the Buyer of the Seller's offer) is considered unconditional and full acceptance by the Buyer of all the terms of this General Agreement without exception, including essential terms, as well as entry into the relevant contractual legal relations with the Seller.
13.8. Confirmation of the conclusion of this public Agreement is the automatic e-mail message sent by the Seller to the Buyer about the processing of the Order for the Goods specified in clause 3.11. of this public Agreement.
13.9.Full information about the Goods offered for sale in the online store under the terms of this public Agreement, as well as the information specified in clause 3.5. of this Agreement, is contained on the website: kostumi.store of the Online Store.
13.10. The invalidation or invalidation of specific terms of this public Agreement does not entail the invalidation or invalidation of any other terms.
13.11. By entering into this public Agreement, the Buyer gives his full and unlimited consent to receive from the Seller via SMS, e-mail, social networks, Etc., information messages about the news of the Online Store, as well as about Promotional Offers and Sales of Goods conducted by the Seller in the Online Store. At the same time, the Buyer has the right to refuse to receive these information messages at any time by filling out an electronic form on refusal to accept the Seller's information messages by filling out a callback form or by calling the phone numbers indicated on the website page: kostumi.store of the Online Store.
13.12. By filling out the "Ordering" form or going through the registration procedure on the website: kostumi.store the Online Store, the Buyer gives his full and unlimited consent to:
- entering by the Seller (owner and manager of the personal database) into the private database "Buyers" the information provided by the Buyer, including information that is considered confidential data following the current legislation of Ukraine;
- dissemination by the Seller of information about the Buyer, including information considered personal data following the current legislation of Ukraine, to third parties, including couriers and delivery services engaged by the Seller, solely for the purposes provided for in clause 13.14. of this Agreement;
- dissemination by the Seller of information about the Buyer, including information considered personal data following the current legislation of Ukraine, in cases expressly provided for by the current legislation of Ukraine.
13.13. By filling out the "Ordering" form or going through the registration procedure on the website: kostumi.store the online store, the Buyer gives his full and unlimited consent to the processing and use by the Seller of information about the Buyer, including information that is considered personal data following the current legislation of Ukraine, solely for the following purposes
- for registration and identification of the Buyer in the online store;
- to update the Buyer's registration password in the Online Store;
- for marketing purposes, namely: notifying the Buyer via SMS, e-mail, social networks, Etc., about the news of the Online Store, Promotional Offers and Sales of Goods conducted by the Seller in the Online Store, analyzing the market for the consumption of Goods, determining the range of potential Buyers, determining the needs of potential Buyers for the Goods offered for sale, Etc.;
- for the Seller to fulfill its contractual obligations to the Buyer in good faith, including commitments to deliver the Goods;
- for the Seller to comply with the requirements of the current legislation of Ukraine, including legislation on consumer protection.
13.14. The legal relations arising from this public Agreement are governed by the provisions of Article 633 of the Civil Code of Ukraine, the Law of Ukraine "On Protection of Consumer Rights," the Rules for the sale of goods to order and outside commercial or office premises, approved by Order of the Ministry of Economy of Ukraine dated 19.04.2007 No. 103.
13.15. On all issues not reflected in this public Agreement, the Parties shall be guided by the norms of the current legislation of Ukraine.