This Sales Purchase Agreement (hereinafter - the Agreement) is a public agreement concluded at a distance and at the same time a public offer - a proposal by the Seller to conclude a public agreement for the sale of the Goods by means of remote communication, ie through the Seller's online store, located at : https://zhilyova.com/ with any interested person under the terms and conditions of this Agreement.
1. TERMS AND DEFINITIONS. GENERAL PROVISIONS
1.1. Terms and definitions contained in the Agreement are used in the following sense:
Site - the Website of the Seller 's online store located at: https://zhilyova.com/, and it includes all of its web pages.
Seller - sole proprietorship conducted by ZHYLIOVA VALERIIA, entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations №2 067 000 0000 158827 dated 10.07.2015, registration number of taxpayer registration card 3256802847, residence:
4, Regeneratorna Street, Apt. 2-451, Kyiv, 02160, Ukraine.
Buyer - a person with full legal capacity, a legal entity, a sole proprietorship intending to place and/or placing an order on the Site for the purpose of purchasing the Goods.
Goods - a list of goods published on the Site under the terms and conditions of this Agreement offered for sale at a distance, by means of remote communication through the Seller's online store.
Public agreement- an agreement according to which the Seller has undertaken the obligation to sell the Goods to anyone who addresses to him on the terms provided by this Agreement.
Public offer - a public offering to the indefinite number of customers regarding the conclusion of a sales purchase agreement at a distance by means of the Seller's online store on terms determined by the Seller.
Acceptance - providing the Buyer with the full and unconditional consent of the Seller on the offer, to conclude a Public Agreement on the terms specified in the Public Agreement by the Buyer and taking the action foreseen by this Agreement aimed at accepting the terms of the Public Offer.
Order - properly executed procedure of the purchase, placed through the Site or by sent to the seller's e-mail a message with the buyer's request for the purchase of the selected Goods.
Significant defect- a defect that makes it impossible or unacceptable to use the Goods for its intended purpose, arose from the fault of the manufacturer (seller), and which after its elimination embodies itself again for reasons other than the Buyer's action, and at the same time reveals at least one of the following features:
a) it cannot be eliminated at all;
b) its removal will take more than fourteen calendar days;
c) it makes the Goods substantially different from those which are provided by the Agreement.
The defect - it is any non-compliance of the Goods with the requirements of legal acts, the terms of this Agreement or its conditions, and with information about the Goods provided by the manufacturer (Seller).
1.2. This Agreement according to Article 633 of the Civil Code of Ukraine, is a public agreement coherent with the equal conditions which are uniformly set for all Buyers.
1.3. This Agreement is published on the Site and according to Article 633 of the Civil Code of Ukraine it is a public offer.
1.4. This Agreement is a contract of adhesion, i.e., an agreement which can only be concluded by the other party (the Buyer) by accepting the agreement as it is. The buyer shall not offer his own agreement terms.
1.5. The Seller ensures that the Goods offered for a sale are available to him. Information about the Goods posted on the Site, including photos, may differ from the actual appearance of the Goods. The description and features of the Goods posted on the Site shall not contain comprehensive information about the Goods and may contain typos. The Buyer can get complete information about the specific Goods in which he is interested by contacting the seller. Contact details of the Seller shall available on the Site.
1.6. The price of the Goods and the cost of delivery shall be indicated on the Site in the relevant sections and are additionally displayed when placing the Order and in an e-mail confirming the Order.
1.7. By concluding the Agreement, the Buyer shall confirm that he is fully aware of its content and that he agrees with its terms. If the Buyer is a person, he shall give permission to process his personal data in order to be able to fulfill the terms of this Agreement, the possibility of settlements, as well as to receive invoices, bill of lading and other documents. Permission to process personal data is valid throughout the whole term of the Agreement. Furthermore, by concluding this Agreement, the Buyer confirms that he has been informed (without further notice) about the purposes of data collection and other rights established by the Law of Ukraine on Protection of Personal Data. The amount of rights of the Buyer, as a subject of personal data according to the Law of Ukraine On Protection of Personal Data, shall be known and understood to him.
1.8. This Agreement shall be deemed concluded from the moment of completing an Order by the Buyer as indicated in Section 4 of this Agreement.
1. SCOPE OF THE AGREEMENT
1.1. The Seller shall agree to transfer the Goods to the Buyer, and the Buyer shall agree to pay for and accept the Goods under the terms of this Agreement.
1.2. The ownership of the Goods shall be transferred to the Buyer at the moment of acceptance of the Goods by the Buyer under the conditions established by this Agreement.
1.2. The Seller warrants that the Goods are not pledged, are not subject to dispute, are not under arrest, nor are they entitled to any third party rights.
1.3. The Seller and the Buyer shall confirm that this Contract is not a sham, fraudulent transaction, an act committed under the influence of violence or fraud.
2. ACCEPTANCE OF THE OFFER
1.4. An Acceptance of the offer in order to conclude this Agreement by the Buyer, shall be carried out by executing the Order of the Goods in the online store under the terms specified in this Agreement.
3. ORDERING PROCEDURE
4.1. The Buyer freewheelingly selects the Goods on the site and adds them to the Cart by clicking the “Add to Cart” button.
4.2. After clicking the "Go to checkout" button, the Buyer fills out the Order form, which includes his name, surname, e-mail, telephone, shipping address, method of the payment, method of the delivery and other information required by the Seller to fulfill his obligations under the Agreement.
4.3. By clicking the "Confirm Order" button, the Buyer shall agree to all the terms provided by this Agreement and shall confirm that he has received comprehensive information about the Goods, its main characteristics, price, delivery cost and terms of delivery.
4.4. The Buyer has the possibility of completing the Order by sending a message on the e-mail address placed on the Site.
4.5. The Order shall be considered completed after undertaking the actions which are provided in sections 4.1. and 4.2. of this Agreement and by clicking the "Confirm Order" button or by undertaking the action provided in section 4.4 of this Agreement.
5. PROCESSING AND CONFIRMATION OF ORDERS
5.1. The Seller shall process and confirm the Order within 2 (two) working days from the moment of its ordering. If the Seller needs an extra time to process and confirm the Order, a new term shall be agreed by the Buyer.
5.2. The Seller shall confirm the Order by sending the message on the e-mail address specified by the Buyer. The message shall include: the main characteristics of the Goods, the serial number of the Order assigned to the Seller, the price of the Goods, their amount, the cost of delivery, information about the delivery time of the Goods ordered by the Buyer (if the Buyer has ordered the Goods for Delivery), as well as the reference to this Agreement.
5.3. In case of not fulfilling the confirmed Order due to the lack of the ordered Goods, the Seller shall immediately notify the Buyer, but not later then 30 (thirty) days from the moment of confirmation of the Order.
6. REGISTRATION ON THE SITE
6.1. Registration on the Site shall be carried out in the section "My Account".
6.2. Registration on the Site shall be not obligatory for ordering.
6.3. While registering on the Site, the Buyer shall be obliged to provide real and specific information about himself and his contact details, in order to allow the Seller fulfilling his obligations to the Buyer and deliver the Goods to him.
6.4. The Buyer shall be obliged not to reveal to the third parties the login and password specified by the Buyer during the registration.
6.5. The buyer shall be solely responsible for the security of the login and password specified by him during the registration on the Site.
6.6. The Buyer shall be solely responsible for all actions carried out on his behalf, i.e. using his login and password.
7. THE PRICE AND PAYMENT
7.1. The price of the Goods shall be pointed on the Site separately for each item of Goods and with the tax being included.
7.2. All prices for the Goods are given in the national currency of Ukraine - UAH. Prices for the Goods may be additionally stated in US dollars (USD) or other foreign currency, but all payments for the Goods shall be made in UAH. Depending on the fluctuations in the exchange rate set by the National Bank of Ukraine the amounts actually discharged from the Buyer's account in foreign currency may differ from the price of the Goods in foreign currency pointed on the Site. All costs related to the commision and other fees that will be charged by the bank for the conversion of foreign currency shall be covered by the Buyer.
7.3. If the Goods shall be sold abroad, the payment can be made in US dollars or Euro into the Seller's currency account.
7.4. Payment for the Goods shall be made in one of the following ways:
7.1.1. By cash at the time of receipt of the Goods.
7.1.2. In cashless mode using credit or debit cards according to the rules of the respective payment system.
7.5. The method of payment for the Goods shall be determined by the Buyer freewheelingly and shall be indicated at the time of conformation of the Order of the Goods.
7.6. Payment of the Goods by credit or debit card shall be made immediately after the selection of the Goods by the Buyer.
7.7. If the Buyer has expressed a will to pay for the Goods by cash, the price shall be paid in the moment of receipt of the Goods by the Buyer.
8.1. Delivery of the Goods shall be carried out on the territory of Ukraine or abroad by the Seller who acts independently or with the help of third parties (such as delivery service, transport company, etc. - the choice belongs to the Seller).
8.2. If the Goods selected by the Buyer are available in the warehouse of the Seller, the delivery shall be made within 30 (thirty) calendar days from the day of ordering according to section 4 of this Agreement.
8.3. Regardless of the chosen method of delivery of the Goods, the Seller's obligation to deliver the Goods shall be considered as completely fulfilled from the moment the Goods were delivered to the transport company or the courier.
8.4. If the delivery of the Goods is made by the Seller, the Goods shall be delivered right to the entrance of the Buyer's place of residence or right to the gates of the Buyer's home.
8.5. If the Goods shall be delivered by the transport company, the delivery shall be made in accordance with the conditions, of that transport company.
8.6. The Goods shall be transferred to the Buyer after showing a document certifying the identity of the person receiving the Goods.
8.7. Costs of the delivery of the Goods are covered by the Buyer.
8.8. Costs of the delivery of the Goods are set according to the tariffs of the delivery service or the transport company.
8.9. Costs of the delivery within Ukraine (tariffs) can be seen directly by the Buyer at the delivery service or the transport company which will deliver the Goods.
8.10. Costs of the delivery outside of Ukraine shall be determined at the moment of processing the Order automatically after specifying the delivery method and place of delivery, and it is additionally included in the email confirmation of the Order.
8.11. In case of execution of the Delivery Order outside of Ukraine, the Buyer is obliged to pay taxes, duties and other fees related to such delivery.
9. RECEIPT OF THE GOODS
9.1. If the Buyer has ordered the Goods without delivery, he may freewheelingly receive the Goods ordered by him at the address of the Seller posted on the Site.
9.2. Acceptance of the Goods shall be carried out by the Buyer at the time of delivery or receipt of the Goods by the Buyer at the address of the Seller. If payment for the Goods is made by cash, the Goods shall be transferred to the Buyer after completing a full payment.
9.3. While accepting the Goods, the Buyer shall be obliged to check the external integrity of the package, to open it and directly check the proper external condition of the Goods (absence of mechanical damage) and completeness of its structure.
9.4. If the Buyer shall have no comments on quality or completeness of the Goods, he shall be obliged to accept the Goods.
9.5. Alongside with the Goods, The Seller shall be obliged to provide the Buyer with a settlement document certifying the fact of purchase, indicating the date of sale and instructions for the use of the Goods.
9.6. If the Buyer identifies defects or significant defects in the Goods upon acceptance of the Goods, the Buyer shall have the right to refuse to accept the Goods and to terminate this Agreement, or to refuse to accept the Goods and to demand the replacement of the Goods for the same goods or for a similar ones from among those available for sale.
10. EXCHANGE AND RETURN OF THE GOODS. TERMINATION OF THE AGREEMENT
10.1. The Buyer shall have the right to return or exchange good quality Goods for the same goods within 14 (fourteen) calendar days from the date of receipt of the Goods, not including the day of purchase, The right to return or exchange the Goods shall be subject to all the following conditions in total:
10.1.1. The Goods has not been used, its product appearance, consumer properties, seals, labels has been saved. As well as the billing document issued to the Buyer at the time of the sale of the Goods.
10.1.2. The Goods are not in the list of goods, which are defined in Annex No. 3 to Resolution of the Cabinet of Ministers of Ukraine of March 19, 1994 No. 172 “On the Implementation of Certain Provisions of the Law of Ukraine“ On Consumer Protection ”as goods that can not be exchanged and returned ( such as underwear, hosiery, and more).
10.2. The Buyer has no right to return or exchange underwear and hosiery of proper quality under no circumstances.
10.3. If at the moment of exchange the similar Goods are not available for sale, the Buyer has the right to either buy any other Goods from the available in an assortment with corresponding transfer of value, or to terminate the Agreement and receive money back in the amount of the returned Goods, or to exchange the Goods for the same ones at the first receipt of the relevant Goods for sale.
10.4. In case of significant defects arising from the fault of the manufacturer of the Goods (Seller) or falsification of the Goods, within the established warranty period, the Buyer shall have the right to terminate the Agreement with the refund of the money paid for the Goods or to exchange the Goods for the same or similar items which are available for sale. Significant defects must be confirmed by the conclusion of the examination.
10.5. The Buyer or the Seller shall have the right to terminate this Agreement at any time before acceptance of the Goods by the Buyer.
10.6. The Buyer shall have the right to terminate this Agreement within 14 (fourteen) calendar days from the date of receipt of the Goods, not including the day of purchase. Such termination shall be subject to simultaneous observance of all conditions provided in sections 10.1.1. and 10.1.2. of this Agreement.
10.7. If the Goods were delivered by post, then in the event of termination of the Agreement such Goods shall also be returned by post.
10.8. The Seller shall reimburse the Buyer for the delivery costs on the returned Goods .
10.9. In case of termination of the Agreement and return of the Goods, which has already been paid by the Buyer in a non-cash manner, the funds paid by the Buyer shall be returned by the Seller within 7 (seven) days from the date of return of the Goods.
10.10. In case the Buyer refuses to take delivery of the Goods, for which he has already paid in cash and has decided to terminate the Agreement, then the funds paid by the Buyer shall be returned by the Seller within 7 (seven) days from the moment of the termination of the Agreement.
11. WARRANTY OBLIGATIONS
11.1. The Seller guarantees compliance of the Goods with the Ukrainian standards and / or technical requirements of Ukraine, which are set for this type of Goods.
11.2. The Seller shall not be responsible for the defects of the Product, if they arose after its transfer to the Buyer as a result of violation of the rules of use (instructions for care of the Goods) committed by the Buyer or after the storage of the Goods, or caused by the actions of third parties or force majeure.
11.3. The seller sets a warranty period for the Goods at 90 days. The warranty period shall start from the next day after the day of the acceptance of the Goods by the Buyer.
11.4. If the defects of the Goods are detected within the established period of the warranty, the Buyer has the right to demand:
11.4.1. Proportional reduction of a price.
11.4.2. Free repair of defects of the Goods in a reasonable time.
11.4.3. Reimbursement of the costs of elimination of the defects of the Goods.
11.5. While performing a right from warranty repairs, the period of a warranty shall be extended to the duration of the repairment of the Goods.
12. ACCEPTANCE OF CLAIMS
12.1. In the event of a claim for the purchased Goods, the Buyer shall have the right to contact the Seller by sending a message to the Seller's e-mail pointed on the Site.
12.2. The period for a review of the claim is up to 10 (ten) working days from the moment of receiving of the claim.
12.3. The Buyer shall be obliged to add an evidence of the examination of the Goods to the claim for significant defects of the Goods, which had arose due to the fault of the Manufacturer (Seller) of the Goods, or due to their falsification.
12.4. Upon receipt of the Goods by the Buyer, claims regarding the Goods appearance or completeness shall not be accepted.
13. TERM OF THE PUBLIC OFFER
13.1. This Public Offer is valid from 01.07.2019 to 30.06.2021.
13.2. This Public Offer can be revoked by the Seller at any time, but it shall not be a condition for the termination of already concluded Agreements.
13.3. The Seller shall have the right to make unilateral changes in this Agreement, which shall be posted on the Site. The changes made in this Agreement shall not apply to the Agreements concluded prior to posting such changes on the Site.
14.1. The Parties shall be responsible for the non-fulfillment or improper fulfillment of the terms and conditions provided by this Agreement and by the legislation of Ukraine.
14.2. n the event of force majeure, the parties shall be exempted from the terms and conditions of this Agreement. Occurring of force majeure means events of an extraordinary, unavoidable and unpredictable nature, which prevents or objectively impedes the performance of this Agreement, the occurrence of which the Parties could not have foreseen or prevent by reasonable measures.
14.3. The party i invoking Force Majeure. shall notify the other Party of the occurrence and specifics of such.