PUBLIC CONTRACT (OFFER)

PUBLIC CONTRACT (OFFER) for ordering, purchasing, and delivering goods

 

This contract is an official and public offer by the Seller to conclude a purchase and sale agreement for the Goods presented on the website www.effetto-lingerie.com. This contract is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, or individual entrepreneur) without giving preference to any one buyer. By entering into this Agreement, the Buyer fully accepts the terms and conditions of ordering, paying for the goods, delivering the goods, returning the goods, liability for fraudulent orders, and all other terms of the contract. The contract is considered concluded from the moment the Buyer clicks the "Confirm Order" button on the order page in the "Cart" section and receives electronic confirmation of the order from the Seller.

1. Definitions of Terms

1.1. Public Offer (hereinafter referred to as the "Offer") - a public proposal by the Seller addressed to an undefined number of persons to conclude a purchase and sale agreement for the goods remotely (hereinafter referred to as the "Contract") under the terms contained in this Offer.

1.2. Goods or Service – the object of the agreement between the parties, selected by the Buyer on the website of the Online Store and placed in the cart or already purchased by the Buyer from the Seller remotely.

1.3. Online Store – the Seller’s website at www.effetto-lingerie.com, created for concluding retail and wholesale purchase and sale agreements based on the Buyer’s review of the Seller’s offered description of the Goods via the Internet.

1.4. Buyer – a legally capable individual who is at least 18 years old, receives information from the Seller, places an order to purchase the Goods presented on the website of the Online Store for purposes not related to business activities, or a legal entity or individual entrepreneur.

1.5. Seller – Sole Proprietor Skliankina Anna Yuriyivna (TIN 3022812303), a legal entity created and operating in accordance with the current legislation of Ukraine, located at: 04111, Kyiv, Salyutna Street, building 1B, apartment

2. Subject of the Agreement

2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the date the Buyer fills out the order form on the website of the Online Store, provided that the Buyer receives electronic confirmation of the order from the Seller. If necessary, at the request of the Buyer, the Agreement may be executed in written form.

3. Order Placement

3.1. The Buyer independently places an order in the Online Store through the "Cart" form or by placing an order via email or the phone number specified in the contacts section of the Online Store.

3.2. The Seller has the right to refuse to fulfill an order for the Buyer if the information provided by the Buyer during order placement is incomplete or raises doubts about its validity.

3.3. When placing an order on the website of the Online Store, the Buyer is required to provide the following mandatory information necessary for the Seller to fulfill the order:

3.3.1. Buyer's last name and first name;

3.3.2. Address to which the Goods should be delivered (if delivery to the Buyer's address is required);

3.3.3. Contact phone number;

3.3.4. Identification code for a legal entity or individual entrepreneur.

3.4. The name, quantity, item number, and price of the Goods selected by the Buyer are indicated in the Buyer's cart on the website of the Online Store.

3.5. If either party to the Agreement requires additional information, they have the right to request it from the other party. If the Buyer fails to provide the necessary information, the Seller is not responsible for delivering quality service to the Buyer when purchasing goods in the online store.

3.6. When placing an order through the Seller’s operator (clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4 of this Offer.

3.7. Acceptance of the terms of this Offer by the Buyer is done by entering the relevant data into the registration form on the website of the Online Store or by placing an order through the operator. After placing an order through the Operator, the Buyer's data is entered into the Seller’s database.

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

3.9. By entering into the Agreement, i.e., accepting the terms of this offer (the proposed terms of purchasing the Goods), by placing an order, the Buyer confirms the following:

a) The Buyer is fully familiar with and agrees with the terms of this offer;

b) The Buyer consents to the collection, processing, and transfer of personal data. Consent to the processing of personal data is valid throughout the entire term of the Agreement and for an unlimited period after its expiration. Furthermore, by entering into the contract, the Buyer confirms that they are informed (without additional notification) about the rights established by the Law of Ukraine "On the Protection of Personal Data," the purposes of data collection, and that their personal data is transmitted to the Seller for the purpose of fulfilling the terms of this Agreement, conducting settlements, and receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer their personal data to third parties without any additional notifications to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a personal data subject according to the Law of Ukraine "On the Protection of Personal Data" is known and understood.

4. Price and Delivery of Goods

4.1. The prices for Goods and services are determined by the Seller independently and are listed on the website of the Online Store. All prices for Goods and services are indicated in UAH (Ukrainian Hryvnia) including VAT.

4.2. The prices for Goods and services may change by the Seller unilaterally depending on market conditions. However, the price of an individual unit of Goods, which has been fully paid for by the Buyer, cannot be changed by the Seller unilaterally.

4.3. The cost of the Goods listed on the Online Store's website does not include the cost of delivering the Goods to the Buyer. The delivery cost is paid by the Buyer according to the current rates of the delivery service (carrier) directly to the chosen delivery service.

4.4. The cost of the Goods listed on the Online Store's website does not include the cost of delivery to the Buyer’s address.

4.5. The Seller may provide an approximate delivery cost of the Goods to the Buyer’s address upon the Buyer's request by sending an email or when placing an order through the operator of the online store.

4.6. The Buyer's obligations to pay for the Goods are considered fulfilled once the funds are received by the Seller into their account.

4.7. Payments between the Seller and the Buyer for the Goods are carried out using the methods specified on the Online Store's website in the section "Payment and Delivery."

4.8. Upon receiving the Goods, the Buyer must, in the presence of the representative of the delivery service (carrier), check that the Goods meet the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).

4.9. The Buyer or their representative confirms acceptance of the Goods with a signature on the receipt or order form, or on the waybill for the delivery of Goods, confirming no claims regarding the quantity, appearance, and completeness of the Goods.

4.10. Ownership and risk of accidental loss or damage to the Goods are transferred to the Buyer or their representative from the moment the Goods are received by the Buyer at the place of delivery when the Buyer picks up the Goods from the Seller, or when the Seller hands over the Goods to the delivery service (carrier) chosen by the Buyer.

5. Rights and Obligations of the Parties

5.1. The Seller is obliged to:

5.1.1. Deliver the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.

5.1.2. Not disclose any private information about the Buyer and not provide access to such information to third parties, except in cases stipulated by law and when fulfilling the Buyer's order.

5.2. The Seller has the right to:

5.2.1. Change the terms of this Agreement, as well as the prices for Goods and services, unilaterally, by posting them on the Online Store's website. All changes come into effect from the moment they are published.

5.3. The Buyer is obliged to:

5.3.1. Before entering into the Agreement, familiarize themselves with the content of the Agreement, its terms, and the prices offered by the Seller on the Online Store’s website.

5.3.2. In order for the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary data that clearly identify them as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.

6. Return of Goods

6.1. The Buyer has the right to return non-food Goods of proper quality to the Seller if the Goods do not satisfy the Buyer in terms of shape, dimensions, style, color, size, or for other reasons cannot be used by the Buyer for their intended purpose. The Buyer has the right to return Goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of Goods of proper quality is possible if they were not used, and their marketable condition, consumer properties, packaging, seals, labels, and the payment document issued to the Buyer for payment of the Goods are preserved. The list of Goods that cannot be returned based on this clause is determined by the Cabinet of Ministers of Ukraine.

6.2. The refund for Goods of proper quality is made within 30 (thirty) calendar days from the date the Seller receives the returned Goods, provided that the requirements of clause 6.1 of the Agreement and current Ukrainian legislation are met.

6.3. The refund is made by bank transfer to the Buyer’s account.

6.4. The return of Goods of proper quality to the Seller's address is made at the Buyer’s expense, and the Seller does not reimburse the Buyer for the cost of such a return.

6.5. In case defects in the Goods are discovered during the established warranty period, the Buyer, in accordance with the procedures and timeframes established by the legislation of Ukraine, has the right to present claims to the Seller as provided for by the Law of Ukraine "On Consumer Rights Protection." When claims for free repair are presented, the repair period is calculated from the date the Seller receives the Goods and has physical access to them.

6.6. The Seller will review claims as provided for by the Law of Ukraine "On Consumer Rights Protection" only upon receiving documents from the Buyer required by current legislation. The Seller is not responsible for defects in the Goods that arose after the Goods were transferred to the Buyer due to the Buyer’s violation of the rules of use or storage, actions of third parties, or force majeure.

6.7. The Buyer cannot refuse Goods of proper quality that have individual characteristics if the specified Goods can only be used by the Buyer who purchased them (including non-standard sizes, features, appearance, configuration, etc., requested by the Buyer). Confirmation that the Goods have individual characteristics is the difference in the sizes or other characteristics indicated in the Online Store.

6.8. Return of Goods in cases stipulated by law and this Agreement is made to the address specified on the website in the "Contacts" section.

7. Liability

7.1. The Seller is not liable for damage caused to the Buyer or third parties due to improper installation, use, or storage of the Goods purchased from the Seller.

7.2. The Seller is not responsible for the improper, untimely execution of orders or fulfillment of its obligations in cases where the Buyer has provided inaccurate or erroneous information.

7.3. The Seller and the Buyer are liable for the fulfillment of their obligations under the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or Buyer is released from liability for full or partial failure to fulfill their obligations if such failure results from force majeure circumstances such as war, military actions, earthquakes, floods, fires, or other natural disasters that arose independently of the Seller's and/or Buyer's will after the conclusion of this Agreement. The party unable to fulfill its obligations must immediately notify the other party.

8. Confidentiality and Protection of Personal Data

8.1. By providing their personal data on the website of the Online Store during registration or when placing an order, the Buyer voluntarily consents to the processing, use (including transfer), and any other actions with their personal data as provided by the Law of Ukraine "On Personal Data Protection," without limitation to the duration of such consent.

8.2. The Seller undertakes not to disclose information received from the Buyer. Providing information to contractors and third parties acting based on an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as cases where such disclosure is required by Ukrainian law, is not considered a violation of this confidentiality.

8.3. The Buyer is responsible for keeping their personal data up-to-date. The Seller is not responsible for poor execution or non-execution of its obligations due to outdated information about the Buyer or if the information does not reflect the actual situation.

9. Other Terms

9.1. This Agreement is concluded on the territory of Ukraine and is subject to the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. If no agreement is reached through negotiations, the Buyer and/or the Seller may refer the dispute to the judicial authorities in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to unilaterally amend this Agreement, as provided in clause 5.2.1. Additionally, changes to the Agreement can be made with the mutual consent of the Parties in accordance with current legislation of Ukraine.

SELLER'S ADDRESS AND DETAILS:

Sole Proprietor Skliankina A. Y.

04111, Kyiv, Salyutna Street, building 1B, apartment 2

Account no. UA 083052990000026000016234368 in PrivatBank

BIC 305299

EDRPOU code 14360570

TIN 3022812303

Phone: (067) 0011017