This Agreement is a public agreement - a public offer agreement, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers, regardless of status (individual, legal entity, individual - entrepreneur). With full agreement with this Agreement, the buyer accepts the conditions and procedure for placing an order, payment for goods, delivery of goods.
This Agreement is an agreement between the Internet store "yanki.boutique") (hereinafter referred to as the" Seller ") and any legal entity, individual entrepreneur or individual, user of the online store services, which is hereinafter referred to as the" Buyer "(hereinafter referred to as the" Buyer "), including all the essential conditions for organizing the sale and purchase by remote means (i.e. through the Internet store).
The terms of this Agreement govern the relationship between the Seller and the Buyer and are determined by the Law of Ukraine "On the Protection of Consumer Rights" No. 1023-XII of May 12, 1991, the Rules of Retail Trade in Non-food Products, approved by order of the Ministry of Economy of Ukraine No. 104 of April 19, 2007. This agreement has the character of a public offer, is the equivalent of an "oral agreement" and in accordance with the current legislation of Ukraine has the proper legal force.
1. GENERAL PROVISIONS
1.1. This agreement is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for organizing the sale and purchase by remote means, that is, through the online store.
1.2. In accordance with Art. 642 of the Civil Code of Ukraine by full and unquestioning acceptance of the terms of the public contract, that is, the public offer of the online store, the fact by clicking on the link "Place an order" or "Buy in 1 click" and payment of the order in the amount of 100% on the terms of this agreement.
1.3. Public the offer is also accepted upon registration of the Buyer on the website of the online store.
1.4. By concluding the Agreement, the Buyer confirms that he is fully familiar with and agrees with its terms, as well as if the Buyer is an individual, he gives permission to process his personal data in order to be able to fulfill the terms of this Agreement, the possibility of making mutual settlements, as well as to receive invoices, acts and other documents. In addition, by the conclusion of this Agreement, the Buyer confirms that he has been informed (without additional notice) of the rights established for the law of Ukraine "On the protection of personal data", on the purposes of data collection. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.
2. TERMS AND DEFINITIONS
2.1. "Internet shop" - the seller's website ("yanki.boutique"), created to conclude contracts for retail and wholesale purchase and sale on the basis of the Buyer's acquaintance with the description of the Goods offered by the Seller in photographs, via the Internet, which excludes the possibility of direct acquaintance of the buyer with By goods - a remote way of selling goods.
2.2. "Product" - a list of assortment names presented in the online store.
2.3. "Personal data" - any information that directly or indirectly relates to a specific person, or to a person, is determined.
3. SUBJECT OF THE CONTRACT
3.1. The online store undertakes to transfer the goods to the Buyer, and the Buyer undertakes to pay and accept the goods under the terms of this Agreement.
3.2. This agreement governs the sale and purchase in the online store, including:
a) the Buyer's voluntary selection of goods in the online store by category;
b) the Buyer's self-registration of the order on the website in the online store;
c) payment by the Buyer for the order placed in the online store;
d) execution and transfer of the order to the Buyer under the terms of this Agreement.
4. ORDER PROCEDURE
4.1. The Buyer independently places an order online in the online store or by telephone using the contacts indicated in the online store.
5. COST AND PROCEDURE OF PAYMENT FOR GOODS
5.1. The total cost of the goods is indicated on the pages of the Seller's online store.
5.2. Prices for goods and services may vary depending on market conditions, which is reflected in prices in the online store. The Seller cannot change the price for a specific Buyer, if he has already accepted the terms of the Seller and made payment for the goods (services) in accordance with the procedure established by this agreement.
5.3. The buyer pays for the order within 2 working days (in the amount of 100% prepayment) by bank transfer of money to the Seller's current account indicated in the invoice, incl. using Internet banking.
6. ORDER DELIVERY
6.1. The goods are shipped to the Buyer after receipt from the Buyer of 100% payment on the invoice.
6.2. Delivery and return of goods is carried out by the seller or the transport company (carrier) at the expense of the Buyer. The total delivery time cannot exceed 10 days.
6.3. The cost of delivery in the online store is not indicated, as it depends on the current tariffs of the transport company (carrier).
6.4. When ordering bulk quantities, delivery times and methods are agreed separately in each specific case.
6.5. The seller is not responsible for the delivery time of the order, as they depend on the actions of third parties (carriers).
6.6. Payment for the delivery cost is carried out by the Buyer to the Carrier Company independently, upon receipt of the goods. The exact cost of delivery is determined by the carrier company.
7. RETURN OF GOODS OF PROPER QUALITY
7.1. The buyer has the right to exchange goods of good quality for a similar one from the seller from whom he was purchased, if the goods did not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose on the following conditions:
a) the goods for exchange were provided to the Seller within no more than fourteen days, not counting the day of purchase;
B) the goods can be replaced if they have never been in operation, do not contain traces of use and if its presentation, consumer properties, seals, labels, films are preserved, the integrity of the packaging of both the product itself and its components is not violated;
C) the product does not contain scratches, chips, scuffs, is completely serviceable;
D) the complete completeness of the sold goods is preserved;
D) the goods can be replaced upon presentation by the Buyer of the payment document issued to the Buyer along with the sold goods.
7.1.1. Requirements 7.1. do not apply to goods, in accordance with Appendix No. 3 to the Resolution of the Cabinet of the Ministry of Ukraine dated 03.19.94 No. 172 "On the implementation of certain provisions of the Law of Ukraine "On Protection of Consumer Rights", referred to the List of goods of good quality, not subject to exchange (return)
7.2. In the event that the product does not meet the conditions specified in paragraphs. A) - D) clause 7.1. The seller has the right to refuse to exchange the goods.
7.3. Shipping costs for the delivery of the Goods during the exchange under clause 7.1. are assigned to the Buyer.
7.4. When exchanging goods, its warranty period is calculated anew from the date of exchange.
7.5. If at the time of exchange of a similar product is not on sale, the buyer has the right to either purchase any other goods from the available range with a corresponding recalculation of the cost, or terminate the contract and get money back in the amount of the value of the returned product, or exchange the product for a similar one at the first receipt of the corresponding goods for sale.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The buyer is obliged:
a) to familiarize himself with the information about the product, which is posted on the seller's website;
b) to place an order on the website on his own;
c) to pay on time and receive an order from the Carrier under the terms of this agreement;
d) upon receipt of the goods from the carrier, ensure its integrity and completeness by inspecting the contents of the package. In case of damage and incomplete complete set - fix them in an act, which together with the Buyer must be signed by the carrier's employee.
8.2. The buyer has the right to demand that the online store comply with the terms of this agreement.
8.3. The online store is obliged:
a) to comply with the terms of this agreement;
b) to transfer the goods to the Buyer in accordance with the selected sample located in the online store, the placed order and the terms of this agreement;
c) the online store is not responsible, cannot act as a defendant in court and does not compensate for losses incurred by the Buyer due to the actions or inaction of third parties.
8.4. The online store has the right:
a) to unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
9. ORDER OF ACCEPTANCE OF GOODS BY THE BUYER
9.1. Upon receipt of the Goods at the warehouse of the carrier, from the courier or the seller, the buyer is obliged to check the external integrity of the packaging, then open it and directly verify the proper external condition of the Goods (no mechanical damage) and completeness of its completeness.
9.2. If there is at least one of those listed in clause 9.1. Of the contract of defects, the Buyer is obliged to fix to be it in a folded act of arbitrary shape. The act must be signed by the Buyer and an employee of the carrier or the Seller ... Within 1 (one) day from the moment of signing the Act, the Buyer must inform the manager (the Seller's representative responsible for placing the order for the goods) about the identified deficiencies and agree to replace the goods.
9.3. The parties agreed that in case of non-compliance with the mandatory requirements of the specified procedure, it is recognized that the Buyer has received the Goods in proper condition - without any mechanical damage and in full completeness.
9.4. If, during the established warranty period (shelf life), significant deficiencies that have arisen due to the fault of the manufacturer of the goods (seller), or the falsification of the goods, confirmed by the expert opinion, are revealed, the Buyer, in the manner and within the time limits established by the warranty obligations of the manufacturer of the Goods, taking into account the conditions The offer agreement has the right, at its option, to demand from the seller:
9.4.1. termination of the contract and return of the amount paid for the Goods;
9.4.2. replacement of the goods for the same goods or for a similar one from those available to the Seller.
9.5. In this case, upon confirmation by the Seller of the significant defects of the Goods and with the will of the Buyer, the money paid must be returned to the latter to the details indicated by him within 7 (seven) calendar days after the return of the goods.
9.6. In cases of replacement of low-quality Goods, payment for the carrier's services is carried out at the expense of the seller.
9.7. In any case, the return of the Goods must take place in the original packaging in which the Product was received, while maintaining the presentation and consumer qualities of the goods.
9.8. All issues not regulated by this Terms & Conditions related to the procedure, conditions of warranty repair or replacement of the Goods upon detection of defects during the warranty (shelf life) period are regulated in accordance with the warranty obligations determined by the manufacturer of the relevant Goods, and in the event that the manufacturer does not establish such warranty obligations - in accordance with the current legislation of Ukraine.
10. RESPONSIBILITY OF THE PARTIES
10.1. The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
10.2. In the event of force majeure circumstances, the parties are exempted from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances mean events of an extraordinary, inevitable, unpredictable nature, excluding or objectively preventing the execution of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
10.3. The party referring to the force majeure circumstances must within five calendar days in writing by e-mail notify the other party about the occurrence of such circumstances.
10.4. If, due to force majeure circumstances, failure to fulfill obligations under this Agreement lasts more than five months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
10.5. The parties shall make every effort to resolve any disagreements solely through negotiations.
11. OTHER TERMS
11.1. The Internet store reserves the right to unilaterally amend this Agreement with its preliminary publication on the website "yanki.boutique"
11.2. The online store was created to organize a remote way of selling goods via the Internet.
11.3. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.
11.4. The Buyer is responsible for the accuracy of the information specified when placing an order.
11.5. Payment by the Buyer for the order placed in the online store means the Buyer's full agreement with the terms of the Purchase and Sale Agreement (public offer of the Internet store) and is the date of the conclusion of the Purchase and Sale Agreement between the Seller and the Buyer.
11.6. The use of the resource of the Internet store for viewing the goods, as well as for placing an order is free of charge for the Buyer.
11.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the operation of the online store (sending a message to the Buyer about the fulfillment of the order, sending advertising messages, etc.).
11.8. By own acceptance of the Agreement or by registering on the website "yanki.boutique" (fill registration form), the Buyer voluntarily agrees to the collection and processing of his own personal data in the registered database of the Seller "Counterparties" with the subsequent purpose: the data that become known to the seller are used for commercial purposes, including for processing orders for the purchase of goods, obtaining information about order, transmission of advertising and special offers, information about promotions, sweepstakes or any other information about the activities of the store by telecommunication means of communication (by e-mail, mobile communication). For the purposes provided for in this paragraph, the Seller has the right to send letters, messages and materials to the mailing address, e-mail of the Buyer, as well as send sms-messages,
11.9. The Buyer gives the seller the right to process his personal data, including: to place personal data in the Buyer's databases (without additional notification of the Participant about this), to carry out lifelong storage of data, their accumulation, updating, changing (as necessary). The Buyer undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for these purposes, as well as to a mandatory request from a competent state body).
11.10. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials by sending it to the postal or e-mail address.
12. DURATION OF THIS AGREEMENT
12.1. This agreement comes into force from the day of placing an order or registering in the online store "yanki.boutique" and is valid until all the terms of the agreement are fulfilled.