1. TERMS AND DEFINITIONS. GENERAL PROVISIONS
1.1. For the purposes of this public sales agreement, the terms set forth below shall have the following meanings:
1.1.1. Agreement — this public sales agreement, under the terms of which the Seller undertakes to sell the Goods to an unspecified group of Buyers who contact the Seller via distance communication means (the Internet) through the Online Store hosted at: lovevivienne.ua. The agreement is concluded in electronic form on the terms determined by the Seller.
1.1.2. Website — the Online Store website hosted at: lovevivienne.ua, including all of its web pages; the owner and administrator of the Website is the Seller.
1.1.3. Goods — non-food consumer goods (clothing, footwear, leather goods, accessories, etc.) offered for remote sale via distance communication means (the Internet), the images and/or descriptions of which are posted in the Online Store omgbrand.com.ua (hereinafter also referred to as the Online Store).
1.1.4. Seller — individual entrepreneur Tarasyk Andriy Oleksandrovych, state registration date and number: 26.11.2014, No. 25560000000113941. Mailing address for proposals, inquiries, and complaints: Ukraine, 65014, Odesa region, city of Odesa, 11 Kanatna Street, office 6.
1.1.5. Buyer — any legally capable individual under the current legislation of Ukraine who, of their own free will and in the manner provided by this Agreement, has fully accepted all of its terms without exception, for the purpose of acquiring Goods for personal, household, or other use unrelated to entrepreneurial activity.
1.1.6. Acceptance — an action performed by the Buyer aimed at accepting the terms of this Agreement.
1.1.7. Order — a duly completed and submitted request by the Buyer via the Website for the purchase of the selected Goods.
1.1.8. Recipient of the Goods — any legally capable individual under the current legislation of Ukraine, designated by the Buyer in the relevant Order as the recipient of the Goods.
1.2. For the purposes of this Agreement, all terms specified in clause 1.1 are used exclusively in the meaning defined therein, regardless of singular or plural form or other grammatical forms and cases.
1.3. All other terms not separately defined in this Agreement shall be interpreted in their literal grammatical meaning, based on the current legislation of Ukraine, business customs, and the purpose and subject matter of this Agreement.
1.4. General Provisions.
1.4.1. This Agreement is a public offer of the Seller addressed to an unspecified group of persons and contains all essential terms for the conclusion of an electronic sales agreement for the Goods on the terms specified below.
1.4.2. By Acceptance, the Buyer confirms their full and unconditional consent to all provisions and rules of this Agreement without any exceptions or limitations, and confirms that they are familiar with its terms prior to performing the Acceptance.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. In accordance with the procedure and on the terms established by this Agreement, the Seller undertakes to transfer ownership of the Goods selected by the Buyer to the Buyer, and the Buyer undertakes to accept and pay for the Goods accordingly.
2.2. Ownership of the Goods passes to the Buyer at the moment of delivery (transfer) of the Goods, provided that the Buyer has paid the full value of the Goods in accordance with this Agreement.
3. SELECTION OF GOODS AND PROCEDURE FOR CONCLUDING THE AGREEMENT
3.1. The Buyer independently selects the Goods available and offered for sale on the Website and:
- clicks the "Add to Cart" button and completes the "Place Order" form, specifying their surname, first name, contact telephone number, email address, chosen payment method, and chosen delivery method and location (if delivery is requested);
- if the Buyer has a promo code granting a discount, it must be entered in the corresponding field at checkout. After the order is placed, applying a promo code is no longer possible.
3.2. After completing the "Place Order" form, the Buyer carefully reviews all the terms of this Agreement and, upon full acceptance, clicks the "Place Order" or "Buy" button, which constitutes submission of the Order.
3.3. This Agreement is considered concluded from the moment the Buyer clicks the "Place Order" or "Buy" button on the website: lovevivienne.ua.
3.4. By clicking "Place Order" or "Buy", the Buyer confirms full and unconditional agreement with all terms of this Agreement, including terms regarding delivery and payment at the prices indicated on the Website at the date of conclusion.
3.5. By clicking "Place Order" or "Buy", the Buyer confirms they have been duly informed by the Seller, in accordance with Part 2 of Article 13 of the Law of Ukraine "On Consumer Protection," of the following:
- the Seller's name, location, and claims procedure;
- the main characteristics and consumer properties of the selected Goods;
- the value of the selected Goods;
- the method, procedure, and conditions of payment and delivery;
- the Seller's warranty obligations and related services (if any);
- the warranty period and service life of the Goods, mandatory conditions of use, and possible consequences of non-compliance;
- the period for accepting this public offer;
- the procedure for terminating this Agreement;
- other terms on which the Goods are offered for sale.
3.6. By clicking "Place Order" or "Buy", the Buyer confirms that, prior to ordering, they have received all necessary, reliable, and timely information about the Goods in accordance with Article 15 of the Law of Ukraine "On Consumer Protection."
3.7. Clicking "Place Order" or "Buy" constitutes the Buyer's unconditional and full acceptance of all terms of this Agreement and entry into contractual relations with the Seller.
3.8. Where required by the current legislation of Ukraine, this Agreement shall be concluded in written form.
3.9. The Order processing period is up to 3 (three) business days from the date of submission. If the Order is submitted on a weekend or public holiday, the processing period begins on the next business day.
3.10. The Order is registered by the Seller in two authentic copies on the corresponding form. The first copy is transferred to the Buyer or Recipient together with the Goods; the second is signed by the Buyer or Recipient and retained by the Seller.
3.11. Within the period specified in clause 3.9, the Seller undertakes to:
- assign a serial number to the Order;
- send an automatic email notification to the Buyer confirming Order processing, including the Order number and estimated delivery timeframe (if delivery was requested).
3.12. The Buyer has the right to unilaterally withdraw from this Agreement at any time from conclusion until actual receipt of the Goods, upon notifying the Seller.
4. RIGHTS AND OBLIGATIONS
4.1. The Buyer has the right to:
4.1.1. demand full and proper performance of this Agreement by the Seller;
4.1.2. refuse to accept and pay for Goods of poor quality, incomplete Goods, or Goods that do not correspond to the Order;
4.1.3. in the event of defects discovered within the warranty period, demand from the Seller: a proportional price reduction, free elimination of defects, or reimbursement of expenses for eliminating defects;
4.1.4. in the event of substantial defects discovered within the warranty period arising through the Seller's fault: terminate this Agreement or demand exchange (replacement) of the Goods for the same item of proper quality or for another similar item available in the Online Store;
4.1.5. withdraw from this Agreement in the cases and manner provided by this Agreement and current legislation;
4.1.6. terminate this Agreement in the cases and manner provided by this Agreement and current legislation;
4.1.7. upon termination of or withdrawal from this Agreement, demand a refund of funds paid for the Goods;
4.1.8. exercise other rights provided by this Agreement and current legislation of Ukraine.
4.2. The Buyer undertakes to:
4.2.1. duly and fully perform all obligations under this Agreement;
4.2.2. before concluding this Agreement, carefully review its content and terms, and familiarize themselves with the value of the Goods, payment methods, and payment procedure;
4.2.3. before concluding this Agreement, familiarize themselves with the delivery methods posted on the "Payment and Delivery" page of the Website;
4.2.4. accept the ordered Goods of proper quality and complete set in accordance with this Agreement;
4.2.5. pay the value of the ordered Goods within the time periods and in the manner established by this Agreement;
4.2.6. retain the settlement document (receipt or cash register receipt) confirming the sale of the Goods for the duration of the warranty period;
4.2.7. perform other obligations provided by this Agreement and current legislation of Ukraine.
4.3. The Seller has the right to:
4.3.1. periodically review and change the value of the Goods offered for sale on the Website based on market conditions;
4.3.2. conduct Sales and offer Promotional Offers providing for the temporary purchase of Goods on more favorable terms;
4.3.3. exercise other rights provided by this Agreement and current legislation of Ukraine.
4.4. The Seller undertakes to:
4.4.1. duly and fully perform all obligations under this Agreement and current legislation of Ukraine;
4.4.2. provide the Buyer with full and reliable information about the Goods and their value by posting it on the Website;
4.4.3. provide the Buyer with full and reliable information about delivery methods by posting it on the Website;
4.4.4. ensure delivery of the Goods ordered by the Buyer to the location and by the method specified in the Order, within the time periods established by this Agreement;
4.4.5. ensure transfer (delivery) of the ordered Goods of proper quality and complete set in proper packaging, together with the documents specified by this Agreement;
4.4.6. fully and unconditionally fulfill all Warranty Obligations regarding the Goods;
4.4.7. in the event of termination of this Agreement, return funds paid for the Goods within the time periods established by this Agreement and current legislation;
4.4.8. not disclose the Buyer's personal data obtained in connection with Order processing, except as required for Order fulfillment, delivery, and payment;
4.4.9. perform other obligations provided by this Agreement and current legislation of Ukraine.
5. VALUE OF THE GOODS AND PAYMENT PROCEDURE
5.1. The value of the Goods is indicated on the corresponding page of the Website and established in accordance with the current legislation of Ukraine.
5.2. The value of the Goods includes all taxes, duties, and any other mandatory payments.
5.3. The Seller has the right to conduct seasonal or any other types of Sales of Goods in the Online Store.
5.4. The Seller has the right to offer bundled purchases or Promotional Offers. In such cases, the Seller must additionally indicate on the Website:
- the content and value of the Promotional Offer, and if several Goods are sold as a bundle — the individual value of each item;
- the conditions and period for accepting the Promotional Offer, and any quantity or other restrictions.
5.5. The value of the Goods for the Buyer equals the price indicated on the Website at the moment of conclusion of this Agreement. The total Order value is determined by summing the value of all items in the cart. Delivery costs are not included in the Order value and are paid by the Buyer separately.
5.6. From the moment of conclusion of this Agreement, the Seller has no right to change the value of the ordered Goods for this Buyer.
5.7. The Buyer selects the delivery method from the options listed in the "Delivery" section of the Website, or communicates this choice to the Seller's representative by telephone.
5.8. The Buyer selects the payment method from the options listed in the "Payment and Delivery" section of the Website, or communicates this choice by telephone. Available payment methods:
- by payment card on the Website, using the technical means of the internet acquirer engaged by the Seller (if available at the time of ordering);
- to the courier, at the moment of receipt of the Goods;
- at the office of the postal operator/delivery service, at the moment of receipt, according to the rules and tariffs of the operator and/or financial institution (partner).
5.9. Payment for Goods with a value exceeding UAH 49,999.99 shall be made exclusively by non-cash transfer.
5.10. Failure by the Buyer to pay for the ordered Goods shall be deemed a unilateral withdrawal by the Buyer from this Agreement in full, which entails the termination of all obligations of the Seller arising from the Buyer's acceptance of the Seller's offer.
5.11. All payments under this Agreement shall be made exclusively in the national currency of Ukraine.
6. DELIVERY AND TRANSFER OF THE GOODS
6.1. If the Buyer ordered Goods without delivery (self-pickup), they may collect the ordered Goods at the address indicated in the "Contacts" section of the Website.
6.2. If the Buyer ordered Goods with delivery, the Seller undertakes to deliver and hand over (transfer) the ordered Goods within the period indicated in the automatic email notification, but in any case no later than 30 (thirty) calendar days from the moment of conclusion of this Agreement.
6.3. Delivery is carried out by the method and to the location chosen by the Buyer in the Order.
6.4. The recipient of the ordered Goods is the Buyer or the Recipient of the Goods.
6.5. The delivery cost is determined depending on the delivery location and method specified by the Buyer in the Order.
6.6. Information on available delivery methods (which forms an integral part of this Agreement) is posted on the "Payment and Delivery" page of the Website.
6.7. Delivery is carried out by the Seller independently or through couriers, postal operators/delivery services engaged by the Seller on a partnership basis, depending on the delivery location and method specified by the Buyer in the Order.
6.8. The list of couriers, postal operators, and delivery services engaged by the Seller on a partnership basis (forming an integral part of this Agreement) is posted on the Website.
6.9. Delivery and transfer of the ordered Goods via postal operators/delivery services is carried out under this Agreement with due regard to the specific delivery conditions established by those operators/services.
6.10. The Goods are handed over (transferred) to the Buyer or Recipient in packaged form.
6.11. Together with the Goods, the Seller undertakes to transfer to the Buyer or Recipient:
- one copy of the Order form duly executed by the Seller in accordance with the requirements of current legislation;
- the relevant settlement document (receipt or cash register receipt) indicating the date of sale (transfer) of the Goods;
- care instructions for the Goods.
6.12. The Goods shall be handed over (transferred) to the Buyer or Recipient exclusively upon:
- full payment by the Buyer of 100% of the value of the Goods;
- presentation by the Buyer or Recipient of a document verifying their identity;
- signing by the Buyer or Recipient of the second copy of the Order form.
6.13. At the time of delivery, the Seller or the engaged courier/delivery service shall, in the presence of the Buyer, verify that the Goods correspond to the Order.
6.14. If the ordered Goods do not correspond to the Order, or are defective, incomplete, or have any defects, the Buyer has the right, at their own discretion, to:
- withdraw from this Agreement; or
- demand exchange (replacement) of the Goods for the same item of proper quality corresponding to the Order, or for another similar item available in the Online Store.
6.15. If the ordered Goods are of proper quality, complete, and fully correspond to the Order, the Buyer or Recipient shall sign:
- the second copy of the Order form and hand it to the Seller; or
- the document of the relevant delivery service engaged by the Seller.
6.16. The Buyer's or Recipient's signature on the second copy of the Order form constitutes unconditional confirmation of the following facts:
- receipt of the ordered Goods by the Buyer or Recipient;
- conformity of the Goods with the Order;
- absence of any claims by the Buyer regarding the quality and completeness of the Goods.
6.17. The risk of accidental destruction, loss, or damage to the ordered Goods passes to the Buyer from the moment of delivery (transfer) of the Goods to the Buyer or Recipient.
6.18. This Agreement is considered fulfilled at the moment of delivery (transfer) to the Buyer or Recipient of the ordered Goods of proper quality and complete set that fully correspond to the Order.
6.19. Refusal by the Buyer or Recipient to accept the Goods that are of proper quality, complete, and correspond to the Order, and/or refusal to sign the second copy of the Order form, shall be deemed a unilateral withdrawal by the Buyer from this Agreement in full, which entails the termination of all Seller's obligations, with the exception of the obligation to refund funds paid by the Buyer (if any were paid).
7. QUALITY OF GOODS, WARRANTY OBLIGATIONS, AND CLAIMS PROCEDURE
7.1. The Seller undertakes to transfer to the Buyer Goods of proper quality, suitable for the purpose for which such Goods are ordinarily used.
7.2. The quality of the Goods must comply with the requirements established for the relevant category of Goods in applicable regulations and normative documents.
7.3. The Seller ensures the Buyer's proper use of the purchased Goods during the warranty period established by regulatory acts, normative documents, and the Warranty Obligations contained in this Agreement.
7.4. The warranty period begins from the date of delivery (transfer) of the ordered Goods to the Buyer.
7.5. For seasonal goods (clothing, fur products, and other items), the warranty period is calculated from the beginning of the relevant season, as established by Resolution No. 172 of the Cabinet of Ministers of Ukraine dated March 19, 1994.
7.6. Upon exchange of Goods of proper quality or exchange (replacement) of Goods with substantial defects, the warranty period is recalculated from the date of exchange.
7.7. The warranty period is extended by the time taken by the Seller to carry out gratuitous elimination of defects. This period is calculated from the day the Buyer transferred the Goods to the Seller for defect elimination.
7.8. In the event of defects discovered within the warranty period, the Buyer has the right to demand:
- a proportional reduction in the price of the Goods;
- gratuitous elimination of defects;
- reimbursement of expenses for eliminating defects.
7.9. If the Buyer demands gratuitous elimination of defects, such defects must be remedied by the Seller within 14 (fourteen) days from the date of receipt of the defective Goods, or within another period agreed upon by the Seller and the Buyer.
7.10. The Buyer may present one of the demands listed in clause 7.8 of this Agreement; if that demand is not fulfilled, the Buyer may present another demand from the same list.
7.11. In the event of substantial defects in the Goods discovered within the warranty period that arose through the Seller's fault, the Buyer has the right, at their discretion, to:
- terminate this Agreement with a full refund of funds paid for the Goods; or
- demand exchange (replacement) of the defective Goods for the same item of proper quality or for another similar item available for sale, with a corresponding price recalculation in accordance with current legislation.
7.12. The demands provided for in clauses 7.8 and 7.11 shall be considered by the Seller upon presentation by the Buyer of the relevant settlement document indicating the date of sale (transfer) of the Goods.
7.13. The demands provided for in clauses 7.8 and 7.11 shall not be subject to satisfaction if the Seller proves that the defects arose as a result of the Buyer's violation of the rules for using or storing the Goods.
8. EXCHANGE AND REPLACEMENT OF GOODS
8.1. The Buyer has the right, within the period established by current legislation, to exchange Goods of proper quality for a similar item from the Seller, if the Goods did not meet their requirements in terms of shape, dimensions, style, color, size, or for other reasons cannot be used for their intended purpose.
8.2. Exchange of Goods of proper quality is carried out provided that the Goods have not been used and their original appearance, consumer properties, seals, and labels are preserved, along with the settlement document issued to the Buyer at the time of sale.
8.3. The list of Goods not subject to exchange and return on the grounds specified in clause 8.1 of this Agreement is approved by Resolution No. 172 of the Cabinet of Ministers of Ukraine dated March 19, 1994.
8.4. Exchange of Goods of proper quality, as well as exchange (replacement) of Goods with substantial defects, is carried out by the Seller on the basis of a written application from the Buyer, delivered personally to the Seller's representative or sent to the Seller's address indicated in the "Contacts" section of the Website.
8.5. The Buyer's demands for exchange of Goods of proper quality or exchange (replacement) of Goods with substantial defects, if the Seller has the Goods necessary for exchange or replacement, must be fulfilled immediately, but in any case no later than 14 (fourteen) business days from the date of receipt of the application specified in clause 8.4.
8.6. Exchange of Goods of proper quality, as well as exchange (replacement) of Goods with substantial defects, is carried out by the Seller upon presentation by the Buyer of the relevant settlement document confirming the sale of the Goods, with the date of sale (transfer) indicated.
8.7. If the Goods required for exchange are not available for sale in the Online Store at the time of the Buyer's request, the Buyer has the right to:
- exchange the purchased Goods for any other item available in the Online Store, with a corresponding price recalculation in accordance with current legislation; or
- terminate this Agreement in accordance with Section 9 of this Agreement; or
- exchange the Goods for a similar item upon its next availability in the Online Store, in which case the Seller undertakes to notify the Buyer on the day such Goods become available for sale.
8.8. The return of Goods of proper quality, as well as the return of Goods with substantial defects in connection with exchange or replacement, is carried out in accordance with Section 10 of this Agreement.
9. PROCEDURE FOR TERMINATING THE AGREEMENT
9.1. The Buyer has the right to terminate this Agreement in the cases and within the time periods provided by this Agreement and current legislation of Ukraine.
9.2. In addition to other cases provided by this Agreement, the Buyer has the right to terminate the Agreement by notifying the Seller from the moment of conclusion of this Agreement until actual receipt of the ordered Goods, or within fourteen days from the moment of receipt of the Goods. A statement by the Buyer requesting a refund of funds paid for the Goods, submitted in the manner established by clause 11.1 of this Agreement, shall also be considered notice of termination.
9.3. This Agreement is considered terminated from the moment the Seller receives the Buyer's notice of termination and/or the Buyer's refund application.
9.4. To exercise the right to terminate this Agreement, the Buyer must retain and present to the Seller the relevant settlement document confirming the purchase of the Goods, indicating the date of sale (transfer).
9.5. Termination of this Agreement by the Buyer entails the return of the purchased (received) Goods to the Seller in accordance with Section 10 of this Agreement.
10. RETURN OF GOODS
10.1. Upon receipt of the Goods from a courier, postal operator/delivery service, or the Seller, the Buyer or Recipient must check the external integrity of the packaging, then open it and verify the external condition of the Goods (absence of mechanical damage) and completeness.
10.2. If any defects are discovered, the Buyer or Recipient must record them in a statement of free form signed by both the Buyer and the person who delivered the Goods. If possible, defects must be documented by photo or video. After signing the statement, the Goods are returned to the delivery person.
10.3. In the event of termination of this Agreement by the Buyer, or in the event of exchange or replacement of the Goods, the Buyer may also return the Goods to the Seller at the address indicated in the "Contacts" section of the Website.
10.4. The Goods must be returned by the Buyer in the original packaging in which they or the Recipient received them.
10.5. The returned Goods must meet the following requirements: not have been used; original appearance, consumer properties, seals, and labels must be preserved; and the settlement document issued at the time of sale must be retained.
10.6. Goods listed in Annex No. 3 to Resolution No. 172 of the Cabinet of Ministers of Ukraine dated March 19, 1994, are not subject to return.
11. REFUND PROCEDURE
11.1. Refunds are made by the Seller on the basis of a written application from the Buyer or their duly authorized representative, delivered personally to the Seller's representative or sent to the Seller's address indicated in the "Contacts" section of the Website.
11.2. The application specified in clause 11.1 must be accompanied by the relevant settlement document confirming the purchase of the Goods, with the date of sale (transfer) indicated.
11.3. Refunds are made by the Seller in one of the following ways, depending on the delivery method and payment method used:
11.3.1. If the Goods were paid for in cash and delivered by the Seller directly:
- transfer of the corresponding amount to the Buyer's bank account, including a card account, specified in the application;
- or cash payment from the Seller's cash desk at the address indicated in the "Contacts" section of the Website.
11.3.2. If the Goods were paid for in cash and delivered via couriers or postal operators/delivery services engaged by the Seller:
- transfer of the corresponding amount to the Buyer's bank account, including a card account, specified in the application;
- or cash payment from the Seller's cash desk;
- or transfer via a financial institution engaged by the Seller on a partnership basis, credited to the Buyer's account or paid in cash without opening an account at the financial services point.
11.3.3. If payment was made by card on the Website:
- the corresponding amount shall be refunded to the same bank account from which the payment was made.
11.3.4. If payment was made by bank transfer to the Seller's current account:
- the corresponding amount shall be transferred to the Buyer's bank account.
11.4. In the application specified in clause 11.1, the Buyer must indicate the preferred refund method from those provided in clause 11.3.
11.5. If the Buyer does not indicate a preferred refund method or fails to provide a bank account, it is assumed that the Buyer wishes to receive the refund in cash from the Seller's cash desk at the address indicated in the "Contacts" section of the Website.
11.6. Refunds are made by the Seller upon return of the Goods by the Buyer in accordance with Section 10 of this Agreement.
11.7. Refunds, pursuant to Articles 9 and 13 of the Law of Ukraine "On Consumer Protection," shall be made no later than 7 (seven) banking days from the date of receipt of the application specified in clause 11.1.
11.8. Upon termination of or withdrawal from this Agreement by the Buyer, or upon exchange of Goods of proper quality or exchange (replacement) of Goods with substantial defects, price recalculation is carried out in the cases provided by current legislation of Ukraine.
11.9. Upon exchange of Goods of proper quality or exchange (replacement) of Goods with substantial defects for other Goods, the Seller settles accounts with the Buyer in accordance with the procedure provided by Section 11 of this Agreement.
12. LIABILITY AND DISPUTE RESOLUTION
12.1. For breach of obligations under this Agreement, the Seller shall bear liability in accordance with the current legislation of Ukraine.
12.2. The Seller is released from liability for full or partial non-performance of obligations under this Agreement if such non-performance was caused by force majeure circumstances.
12.3. For the purposes of this Agreement, force majeure means external and extraordinary events that did not exist at the time of conclusion of this Agreement and arose independently of the Seller's will, provided that the Seller could neither foresee nor prevent them by means that could reasonably be required.
12.4. Force majeure circumstances include, without limitation: earthquakes, fires, floods, epidemics, epizootics, radioactive or nuclear contamination, transport accidents, military operations, uprisings, mass disturbances, revolutions, strikes, terrorist acts, social conflicts, decisions of state authorities and local governments, blockades, embargoes, international sanctions, etc.
12.5. In the event the Seller loses the ability to perform obligations under this Agreement due to force majeure, the Seller undertakes to notify the Buyer immediately of the occurrence, type, and expected duration of the circumstances preventing proper performance, within 5 (five) business days from the onset of such circumstances.
12.6. All disputes and disagreements arising between the Buyer and the Seller shall be resolved through negotiations.
12.7. If the parties fail to reach an agreement through negotiations, all disputes shall be resolved in court in accordance with the current legislation of Ukraine.
13. OTHER TERMS
13.1. This Agreement is a public agreement (offer) for the retail sale of Goods at a distance by means of distance communication (the Internet) through the Online Store lovevivienne.ua.
13.2. The period for accepting the offer to conclude this public Agreement is established from the date of its publication on the Website through December 31, 2024, inclusive.
13.3. The Seller may withdraw or amend the terms of the offer, as well as amend the terms of this public Agreement, at any time without additional notice to the Buyer.
13.4. Withdrawal or amendment of the offer terms, as well as amendment of the terms of this public Agreement, may not serve as grounds for:
- any revision, amendment, or termination of agreements already concluded with Buyers on the terms of this public Agreement;
- the Seller's refusal to fulfill obligations under agreements already concluded with Buyers.
13.5. The terms of the offer and of this public Agreement are identical for all Buyers.
13.6. The Seller's offer is deemed fully accepted by the Buyer from the moment of conclusion of this public Agreement in the manner established by clause 3.3.
13.7. Conclusion of this public Agreement (acceptance by the Buyer of the Seller's offer) constitutes the Buyer's unconditional and full acceptance of all terms of this Agreement without exception, including essential terms, and entry into contractual relations with the Seller.
13.8. Confirmation of the conclusion of this public Agreement is the automatic email notification specified in clause 3.11, sent by the Seller to the Buyer.
13.9. Full information about the Goods offered for sale in the Online Store under this public Agreement, as well as the information specified in clause 3.5 of this Agreement, is posted on the Website.
13.10. The invalidity, nullity, or expiration of individual terms of this public Agreement does not entail the invalidity, nullity, or expiration of any other terms.
13.11. By concluding this public Agreement, the Buyer gives their full, unconditional, and indefinite consent to receive from the Seller, via SMS, email, social media, etc., informational messages about news of the Online Store, Promotional Offers, and Sales. The Buyer has the right at any time to withdraw this consent by completing the unsubscribe form on the Website or by indicating the withdrawal when completing the "Place Order" form.
13.12. By completing the "Place Order" form and/or registering on the Website, the Buyer gives their full, unconditional, and indefinite consent to:
- the entry by the Seller (as the owner and operator of the "Buyers" personal data database) of the information provided by the Buyer, including personal data as defined under the current legislation of Ukraine;
- the transfer by the Seller of the Buyer's information, including personal data, to third parties — including couriers, postal operators/delivery services, and financial institutions engaged by the Seller — exclusively for the purposes specified in clause 13.13;
- the disclosure of the Buyer's information, including personal data, in cases directly provided by the current legislation of Ukraine.
13.13. By completing the "Place Order" form and/or registering on the Website, the Buyer gives their full, unconditional, and indefinite consent to the processing and use of their information, including personal data, by the Seller exclusively for the following purposes:
- registration and identification of the Buyer in the Online Store;
- password recovery for the Buyer's account;
- marketing purposes, including notification of the Buyer via SMS, email, social media, etc., about Online Store news, Promotional Offers, and Sales; market analysis; identification of potential buyers and their needs;
- proper fulfillment by the Seller of contractual obligations to the Buyer, including delivery and refunds;
- compliance with the requirements of the current legislation of Ukraine, including consumer protection legislation.
13.14. The Buyer's personal data is processed in accordance with the Law of Ukraine No. 2297-VI of June 1, 2010, "On Personal Data Protection."
13.15. The legal relations arising from this public Agreement are governed by Article 633 of the Civil Code of Ukraine, the Law of Ukraine "On Consumer Protection," the Law of Ukraine "On Electronic Commerce," and the Rules for the Sale of Goods by Order and Outside Trade or Office Premises, approved by Order No. 103 of the Ministry of Economy of Ukraine dated April 19, 2007.
13.16. On all matters not addressed by this public Agreement, the Parties shall be guided by the current legislation of Ukraine.
Publication date: January 1, 2025