for the order, sale and delivery of goods
This contract is the official and public offer of the seller to conclude a contract of sale of goods presented on the website https://tsbylepskaya.com/. This contract is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Contract, the buyer fully accepts the terms and conditions of ordering, payment for goods, delivery of goods, return of goods, liability for unfair orders and all other terms of the contract. The contract is considered concluded from the moment of clicking the button “confirm the order” on the order page in the “Basket” section and receiving the Buyer from the seller confirmation of the order in electronic form.
1. Definition of terms
1.1. Public offer (hereinafter referred to as the “Offer”) – a public offer of the Seller addressed to an indefinite circle of persons, to conclude with the Seller a contract of sale of goods by a remote way (hereinafter referred to as the “Contract”) on the terms contained in this Offer, which is posted on the Seller’s website.
1.2. The Goods or the Service are the object of the contract of the parties, which was chosen by the buyer on the website of the Online Shop and placed in the basket, or already purchased by the Buyer from the Seller by remote means.
1.3. Online store – the seller’s website at www. https://tsbylepskaya.com/ created for the conclusion of contracts for the retail and wholesale sale of Goods on the basis of acquaintance of the Buyer with the description of the Goods offered by the Seller through the Internet.
1.4. Buyer – a capable individual who has reached 18 years of age, receives information from the seller, places an order for the purchase of goods presented on the website of the online store for purposes not related to the implementation of business activities, or a legal entity or an individual entrepreneur.
1.5. The seller is an individual entrepreneur Lepska Alina (Tax Code 3514711747), acting on its own behalf on the basis of an extract from the Unified State Register of Legal entities, individual Entrepreneurs and Public formations from 26.07.2021 number 2 010 350 0000 00020685.
2. Subject of the Contract
2.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay and accept the Goods under the terms of this Contract.
2.2. The date of conclusion of the Offer Contract (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract shall be considered the date of completion by the Buyer of the order form located on the website of the Online Shop, provided that the Buyer receives confirmation of the order from the Seller in electronic form.
3. Registration of the order
3.1. The Buyer independently makes an order in the online store through the form of “Basket”.
3.2. The Seller has the right to refuse to transfer the order to the Buyer in case the information specified by the Buyer during the execution of the order is incomplete or cause suspicion regarding their validity.
3.3. When placing an order on the website of the Online Shop, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfil the order:
3.3.1. name and surname of the Buyer;
3.3.2. the address at which the Goods should be delivered (if delivery to the address of the Buyer);
3.3.3. contact phone number;
3.3.4. email address;
3.3.5. other data is necessary for the delivery of Goods.
3.4. The name, quantity, article, price of the Goods chosen by the Buyer shall be indicated in the Buyer’s basket on the website of the Online Shop.
3.5. If any of the Parties to the Contract requires additional information, it shall have the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing a quality service to the Buyer when buying the goods in the online store.
3.6. Acceptance by the Buyer of the terms of this Offer is carried out by means of making the relevant data by the Buyer in the registration form on the website of the Online Shop or when placing an Order through the operator. After placing an Order through the Operator, the data about the Buyer is entered into the Seller’s database.
3.7. The buyer is responsible for the reliability of the information provided when placing the order.
3.8. By concluding the Contract, i.e. by accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is fully and completely familiarized with and agrees to the terms of this offer;
b) it authorizes the collection, processing and transfer of personal data, the permission to process personal data is valid for the entire term of the Contract, as well as for an unlimited period after its expiration. In addition, by entering into the Contract, the Buyer confirms that he/she has been notified (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, of the purposes of data collection, and that his/her personal data is transferred to the Seller in order to fulfil the terms of this Contract, to make mutual settlements, and to receive invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications to the Buyer in order to fulfil the Buyer’s order. The scope of the Buyer’s rights as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood by him.
4. Price and delivery of Goods
4.1. Prices for Goods and services are determined by the Seller independently and are indicated on the website of the Online Shop. All prices for Goods and services are indicated on the website in UAH without VAT.
4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on the market situation. In this case, the price of a separate unit of Goods, the cost of which is paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods specified on the website of the Online Shop does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods the Buyer pays in accordance with the applicable tariffs of the delivery services (carriers) directly chosen by him to the delivery service (carrier).
4.4. The cost of the Goods specified on the website of the Online Shop does not include the cost of delivery of the Goods to the Buyer.
4.5. The Buyer’s obligations to pay for the Goods shall be deemed fulfilled from the moment the Seller receives funds to its account.
4.6. Settlements between the Seller and the Buyer for the Goods are carried out in the ways specified on the website of the Online Shop in the section “Delivery and payment”, as well as during the checkout in the registration form.
4.7. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods with qualitative and quantitative characteristics (product name, quantity, completeness, shelf life).
4.8. The Buyer or his representative at the time of acceptance of the Goods confirms by his signature in the receipt /or in the order/ or in the consignment note for the delivery of Goods that has no claims to the quantity of goods, appearance, and completeness of the goods.
4.9. The ownership and risk of accidental loss or damage to the Goods shall be transferred to the Buyer or his Representative from the moment the Buyer receives the Goods in the city of delivery of the Goods upon self-delivery of the Goods from the Seller, or upon transfer of the Goods by the Seller 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. Transfer the Goods to the Buyer in accordance with the terms of this Contract and the Buyer’s order.
5.1.2. Not to disclose any personal information about the Buyer and not to provide access to this information to third parties, except in cases provided by law and during the execution of the Buyer’s order.
5.2. The Seller has the right to:
5.2.1. To change the terms of this Contract, as well as prices for Goods and services, unilaterally, placing them on the website of the Online Shop. All changes come into force from the moment of their publication.
5.3. The Buyer undertakes:
5.3.1. Before the conclusion of the Contract, familiarize yourself with the content of the Contract, the terms of the Contract and the prices offered by the Seller on the website of the Online Shop.
5.3.2. In pursuance of the Seller’s obligations to the Buyer, the latter must inform all the necessary data that uniquely identify him as the Buyer, and sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The buyer has the right to return to the Seller of clothing of proper quality, if the clothes did not satisfy him in shape, size, style, color, size or for other reasons cannot be used by him for his intended purpose. The Buyer has the right to return clothing of good quality within 14 (fourteen) days, not taking into account the date of purchase. The return of clothing of proper quality is made if it was not used and if its presentation, consumer properties, packaging, seals, labels are preserved, as well as the settlement document issued to the Buyer for the payment of clothing.
6.2. Cosmetics purchased by the Buyer on the website of the Online Shop are not refundable in accordance with the Resolution of the Cabinet of Ministers of Ukraine of March 19, 1994 No. 172.
6.3. The cost of clothing of good quality shall be refunded to the Buyer within 30 (thirty) calendar days from the date of receipt of such clothing by the Seller, subject to the requirements provided for in clause 6.1. of the Contract, the current legislation of Ukraine.
6.4. The cost of clothing is refundable by bank transfer to the Purchaser’s account.
6.5. Return of clothing of good quality at the address of the Seller, is carried out at the expense of the Buyer and the Seller shall not be reimbursed.
6.6. In case of detection of defects in the Goods during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to submit to the Seller the requirements provided for by the Law of Ukraine “On Protection of Consumer Rights”. In case of claims for free elimination of defects, the period for their elimination shall be calculated from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.
6.7. Consideration of the requirements provided for by the Law of Ukraine “On Consumer Protection” is carried out by the Seller, provided that the Buyer provides the documents provided for by the current legislation of Ukraine. The Seller shall not be liable for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer’s violation of the rules for the use or storage of the Goods, actions of third parties or force majeure.
6.8. The Buyer shall not be entitled to refuse the goods of good quality with individually defined properties if the said goods can be used exclusively by the Buyer who purchased them (including, at the Buyer’s request, non-standard sizes, characteristics, appearance, equipment, etc.) Confirmation of the fact that the goods have individually defined properties is the difference in the size of the goods and other characteristics specified in the online store.
6.9. The return of goods, in cases provided for by law and this Contract, is carried out at the address indicated on the website in the “Contacts” section.
7. The responsibility
7.1. The Seller shall not be liable for damage caused to the Buyer or third parties due to improper use, storage of the Goods purchased from the Seller.
7.2. The Seller shall not be liable for improper, untimely fulfilment of orders and obligations in case of providing the Buyer with inaccurate or erroneous information.
7.3. The Seller and the Buyer are responsible for the performance of their obligations in accordance with the current legislation of Ukraine and the provisions of this Contract.
7.4. The Seller or the Buyer shall be exempt from liability for complete or partial failure to perform their obligations, if the failure is a consequence of force majeure circumstances such as: War or military action, earthquake, flood, fire, and other natural disasters that arose regardless of the will of the Seller and / or the Buyer after the conclusion of this contract. A party that cannot fulfil its obligations shall immediately notify the other party.
8. Confidentiality and protection of personal data.
8.1. By providing his personal data on the website of the Online Store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other actions provided for by the Law of Ukraine “On Personal Data Protection” for the term of this Contract.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller provides information to counterparties and third parties acting on the basis of an contract with the Seller, including for the fulfilment of obligations to the Buyer, as well as in cases where the disclosure of such information is required by the requirements of the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping his personal data up to date. The Seller shall not be liable for poor performance or failure to fulfil its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
9. Other conditions
9.1. This Contract is concluded on the territory of Ukraine and shall be governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller shall have the right to amend this Contract unilaterally as provided for in clause 5.2.1. of the Contract. In addition, amendments to the Contract may also be made by mutual contract of the Parties in the manner prescribed by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
Kovalenko Yulia
Legal address:
12, Miliutenko St., Kyiv, 02156
Bank details:
UA UA813052990000026002026816462
Phone: +38 (095) 727 45 56
E-Mail: tsbylepskaya@gmail.com
