ДОГОВІР ПУБЛІЧНОЇ ОФЕРТИ

 

"I APPROVE"

Director of the private enterprise "Degtyar Viktoriya Sergiyevna"

Degtyar V.S.

"01" worm 2024 roku

 

 

 

OFFER

 

  1. Definition of terms

 

  • Seller – INDIVIDUAL ENTREPRENEUR “Degtyar Viktoriya Sergiyevna” (identification code of legal entity: 3234618325), which offers any person to accept the Offer for the purchase of the Goods by such person.
  • Offer – this document, which sets out an offer to any person to accept it, become a Buyer and purchase the Goods.
  • Buyer - a person who has accepted the Offer and purchases the Goods offered for sale by the Seller on the Site.
  • Goods – men's and women's clothing, accessories manufactured and sold by the Seller.
  • Website – website https://ua.katsurina.com, where this Offer is placed and which belongs to the Seller.
  • Together, Seller and Buyer may be referred to as the “Parties”, and each individually as a “Party”.

 

  1. General provisions

 

  • In accordance with Art. 638 of the Civil Code of Ukraine, in case of agreement with the provisions set forth in the Offer and its acceptance, the Buyer undertakes to pay for and accept the Goods, and the Seller is obliged to transfer the Goods to the Buyer (acceptance of the Offer is equivalent to concluding a contract on the terms set forth in the Offer). By accepting the Offer, a person agrees with all its terms and conditions in the form in which they are set forth in the text of this Offer and assumes the obligations set forth in it.

2.2.           Proper acceptance of the Offer is considered to be the completion of the appropriate form in electronic form, which is posted on the Site in the "Place an order" section, and the Buyer's payment of the full cost of the ordered Goods. After acceptance, the Offer acquires the status of a contract. By accepting the Offer, the Buyer agrees to all its terms and conditions and undertakes to comply with them.

  • Any person over the age of 18 and a person between the ages of 14 and 18 with parental consent can become a buyer.
  • The electronic registration form filled out by the Buyer, which is posted on the Site in the "Place an order" section, is an integral part of this Offer and does not require a separate statement in writing and signing by the Parties.
  • When filling out the electronic registration form posted on the Site in the "Place an order" section, the Buyer undertakes to provide the information marked as mandatory in full, and the Buyer is also responsible for the reliability, correctness and truthfulness of both the mandatory and other information provided.
  • The territory to which the Goods can be delivered is not limited, except for delivery to Russia, Belarus, Eritrea, North Korea, Syria and the temporarily occupied territories of Ukraine.
  • Information about the Product is displayed on the Site and is dynamic. This means that the information may be updated, changed and supplemented by the Seller at any time without prior notice. The specified changes come into force after their publication on the Site and apply to any order placed after their publication.
  • Information about the Product, terms of its purchase, prices and any other information of the Seller is accurately displayed on the Site.
  • In the event of an error in the sent acceptance, the Parties have the right to change the terms only if they timely notify each other of such error.
  • Acceptance of the Offer by the Buyer constitutes the conclusion of an agreement between him and the Seller on the terms and conditions set forth in the Offer.
  • The Seller has the right to refuse to accept the Buyer's acceptance in the event of the actual absence of the Goods in stock, by sending the Buyer an electronic message or making a telephone call/other telephone message. In such a case, the rights and obligations of the Parties related to the sale, delivery and transfer of the Goods to the Buyer and its payment to the Seller, as provided for in the Offer, shall be terminated, and the cost of the Goods, if paid for, shall be returned to the Buyer.
  • In the event of incorrect indication by the Buyer, when filling out the electronic registration form posted on the Site in the "Place an order" section, of an e-mail and/or phone number, the Seller has the right to cancel such unconfirmed acceptance of the Offer.
  • Information about the Goods is posted directly on the Site. In addition, upon receipt of the Goods, until the moment of signing/execution of documents confirming receipt of the Goods, the Buyer is obliged to familiarize himself with the information about the Goods contained on the Goods and/or packaging and/or in the shipping documents. If it is necessary to obtain additional information about the Goods, the Buyer is obliged to contact the Seller and obtain the necessary information by means of remote communication until the moment of acceptance of such Goods.

 

  1. Rights and obligations of the Parties

 

3.1.           Seller undertakes:

3.1.1.        post up-to-date information on the Site about the Product, its cost and possible payment and delivery methods;

3.1.2.        to transfer the Goods to the Buyer in the manner chosen by the latter;

3.1.3.        comply with the conditions set out in this Offer.

3.2.           The seller has the right:

3.2.1.        transfer the Goods to the Buyer only after due acceptance of this Offer;

3.2.2.        inspect the Goods upon their return by the Buyer and refuse to accept them if they show any damage or signs of use.

3.3.           Buyer undertakes:

3.3.1.        comply with the terms and conditions of this Offer;

3.3.2.        not to independently manufacture any goods based on the design of the Goods and not to assist third parties in this in any way.

3.4.           The buyer has the right:

3.4.1.        receive the Goods in accordance with the terms of this Offer;

3.4.2.        receive from the Seller information objectively necessary for the Buyer regarding the Goods and the terms of this Offer, including the procedure and terms of delivery of the Goods;

3.4.3.        register a personal account on the Site.

3.5.           The Seller is solely responsible for the compliance of the Goods with current standards and requirements of the legislation of Ukraine.

3.6.           The Buyer's unjustified refusal to receive the Goods is grounds for the Seller to refund the Buyer's funds, minus the amount spent on its delivery.

3.7.           The Seller does not introduce a bonus system, i.e. a discount system for the Buyer.

 

  1. Price of the Product and payment procedure

 

4.1. Cost of the Goods indicated on the Site.

4.2. The price of the Goods indicated on the Site is relevant when purchasing it within the territory of Ukraine. When purchasing goods from outside Ukraine, the price of the Goods is formed by dividing the price indicated on the Site in Ukrainian hryvnia by the stable average exchange rate of the relevant currency. The stable average exchange rate of the relevant currency is agreed upon by the Seller's brand director when forming the price of the Goods for the Buyer.

4.3. When delivering the Goods outside Ukraine, the Buyer additionally pays the cost of delivery of the Goods to the Seller. In this case, the Seller independently, but at the expense of the Buyer, pays the cost of delivery to the business entity that provides services for the delivery of the Goods.

4.4. When delivering the Goods within Ukraine, the Buyer independently pays the cost of delivering the Goods to the business entity that provides services for delivering the Goods.

4.5. Payment for the Goods and the cost of their delivery is made by the Buyer in full on prepayment terms (the cost of delivery is paid to the Seller only when delivering the Goods outside Ukraine).

4.6. Payment for the Goods is made by the Buyer after placing an order via the link sent by the Seller.

4.7.           All settlements between the Parties shall be made taking into account taxes, fees, and mandatory payments to the budget that may be necessary in connection with such settlements.

4.8. Within Ukraine, the Goods can be paid for using the following means:

4.8.1. bank card;

4.8.2.        ApplePay;

4.8.3.        GooglePay;

4.8.4.        MonoPay.

4.9. When paying for the Goods from outside Ukraine, the Goods can be paid for using the following means:

4.9.1.        PayPal;

4.9.2.        MonoPay.

 

  1. Procedure for accepting and transferring the Goods and returning them

 

  • Acceptance and transfer of the Goods from the Seller to the Buyer is possible in the form of delivery and self-pickup.
  • Acceptance and transfer of the Goods is carried out in the manner (form) chosen by the Buyer when filling out the registration form on the Site in the "Place an order" section.
  • The Buyer shall pick up the Goods himself at the Seller's showroom at the address: Kyiv, Reitarska St., Building 8-5. Time of receipt of the Goods when picked up by the Buyer: daily from 11:00 to 20:00.
  • Delivery of the Goods within Ukraine is carried out using the "Nova Poshta" service to a branch, post office or by courier. The cost of delivery within Ukraine is calculated individually according to the tariffs of the logistics service of LLC "Nova Poshta".
  • Delivery of the Goods outside Ukraine is carried out using the services of "DHL", "Nova Poshta" or "Ukrposhta". The cost of delivery outside Ukraine is calculated individually according to the tariffs of the logistics service of the relevant delivery service provider.
  • The specific place of delivery of the Goods is chosen by the Buyer when filling out the registration form on the Site in the "Place an order" section.
  • Delivery of the Goods is carried out at the expense of the Buyer and is not included in the cost of the Goods. The Goods are sent for delivery within 1-3 days from the moment the Buyer accepts the Offer. When delivering the Goods, the estimated cost of the parcel is equal to the cost of the Goods.
  • Estimated delivery time outside Ukraine is 20-30 days. The seller is not responsible for customs delays. The cost of shipping international orders is paid before shipment according to the delivery service's tariffs.
  • The cost of delivery of the Goods outside Ukraine does not include the costs of customs clearance of the Goods. The costs of customs clearance of the Goods are borne by the Buyer. Customs clearance of the Goods is carried out by the Buyer independently in accordance with the conditions and rules in force in the relevant country to which the Goods are delivered.
  • Upon receipt of the Goods, the Buyer undertakes to check the Goods for damage, as well as the presence of a set of necessary documents (goods receipt, acceptance certificate, etc.) and, in case of detection of discrepancies on the spot, to file a claim with the delivery service. The Buyer's claims regarding visible defects of the Goods, their completeness and quality are not accepted after receipt/acceptance of the Goods by the Buyer.
  • Exchange and return of the Goods of proper quality can be carried out within 14 calendar days from the moment of its receipt by the Buyer. Exchange and return of the Goods is carried out if the Goods have not been consumed (used), their presentation, consumer properties, seals, factory labels and original packaging have been preserved, as well as if there is a document confirming the fact of purchase of the Goods. To return the Goods, the Buyer must notify the Seller by calling the appropriate number indicated on the Site.
  • The refund for the Goods is made only to the bank account from which the payment transaction was made when purchasing it by the Buyer, only after the Goods are received by the Seller and such Goods meet the requirements specified in clause 5.11. of this Offer. The Seller is not responsible for delays in the refund of funds due to the fault of banking and other payment institutions or systems.
  • If you purchase a Product in an offline store, you can only return it offline.
  • Within Ukraine, the exchange or return of the Goods is carried out using the courier service of Nova Poshta LLC and by exchange/return in the Seller's showroom at the address: Kyiv, Reitarska St., Building 8-5. The opening hours of the Seller's showroom are specified in clause 5.3. of this offer. In the case of exchange/return of the Goods using the courier service of Nova Poshta LLC, the delivery of the Goods is paid by the Buyer.

 

  1. Responsibility of the Parties and procedure for resolving disputes

 

6.1.           For failure to fulfill or improper fulfillment of the obligations set forth in this Offer, the guilty Party shall be liable for actual damages, confirmed by documentation, caused to the other Party, in accordance with the requirements of the current legislation of Ukraine.

6.2.           The Buyer is responsible for the accuracy of the data specified in the registration form on the Site in the "Place an order" section. If incorrect, inaccurate and/or incorrect indication of the specified data resulted in additional costs for the Seller associated with the delivery of the Goods to an incorrectly specified address, all related losses and expenses shall be borne by the Buyer. The Seller has the right to withhold the amount of such losses or expenses from the amounts paid by the Buyer as payment for the Goods.

6.3.           Responsibility for money transfers made by the Buyer lies entirely with the banking institutions and payment systems whose services the Buyer decides to use. The Seller does not assume responsibility for their actions.

6.4.           The Seller is not responsible for the work of Internet providers, processing centers, payment systems, telecommunications operators, banking institutions, payment services, as a result of which the necessary information, data did not arrive or arrived late, were lost or damaged. The Buyer sends any claims and disputes regarding payments and receiving refunds to such a company of his own choosing.

6.5.           The only remedy available to the Buyer in the event of non-compliance of the actual terms of sale with this Offer is to grant the Buyer the right to refuse to receive the relevant Goods and to demand a refund of the price paid for them. The Buyer has the right to exercise this right until the moment of signing the documents confirming the receipt of the Goods.

6.6.           The Seller's liability may not exceed the cost of the Goods purchased on the Site and does not include any lost profits, indirect losses, or damage caused to third parties.

6.7.           The Seller is not responsible for the actions of companies that deliver the Goods to the Buyer, including delivery times, as well as for maintaining the integrity of the Goods during transportation by delivery services.

6.8.           All disputes arising from or related to this Offer shall be resolved through negotiations between the Parties. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court under the established jurisdiction and jurisdiction of such dispute in accordance with the current legislation of Ukraine.

 

  1. Force majeure circumstances

 

7.1.           The Party is exempted from liability specified in this Offer for a full or partial violation of the Offer if it proves that such violation occurred as a result of force majeure circumstances specified in the Offer, provided that their occurrence was certified in the manner specified in the Offer.

7.2.           Force majeure circumstances in the Offer mean any extraordinary events of an external nature to the Parties that arise through no fault of the Parties, outside their will or contrary to the will or desire of the Parties, and which cannot be foreseen under the condition of taking normal measures for this purpose and cannot be averted (avoided) with all due care and caution, including (but not limited to) natural phenomena (earthquakes, floods, hurricanes, destruction as a result of lightning, etc.), disasters of biological, man-made and anthropogenic origin (explosions, fires, failure of machinery and equipment, mass epidemics, epizootics, epiphytotics, etc.), circumstances of public life (war, military actions (in the event of escalation of the situation that existed at the time of acceptance of the Offer by the Buyer), blockades, public unrest, manifestations of terrorism, mass strikes and lockouts, boycotts, etc.), as well as the issuance of prohibitive or restrictive regulatory acts acts of state authorities or local self-government bodies, other legal or illegal prohibitive or restrictive measures of the said authorities that make it impossible for the Parties to execute the Offer or temporarily prevent such execution.

7.3.           The occurrence of force majeure circumstances must be certified by the Ukrainian Chamber of Commerce and Industry.

7.4.           The Party intending to invoke force majeure circumstances shall be obliged to immediately, no later than 24 hours, taking into account the capabilities of technical means of instant communication and the nature of existing obstacles, notify the other Party of the existence of force majeure circumstances and their impact on the fulfillment of the terms of the Offer.

7.5.           If force majeure circumstances and (or) their consequences temporarily prevent the fulfillment of the terms of the Offer, their fulfillment is suspended for the period during which it is impossible.

7.6.           If, due to force majeure circumstances and (or) their consequences, the execution of the Offer is temporarily impossible and such impossibility lasts for 2 (two) consecutive months and does not show signs of termination, then the legal relations of the Parties arising from the Offer may be terminated unilaterally by either Party by sending a written statement to the other Party by mail.

7.7.           The consequences of termination of the legal relationship between the Parties arising from the Offer, including their unilateral termination, on the basis of clause 7.6. Offers are determined in accordance with the current legislation of Ukraine.

7.8.           By their agreement, the Parties may depart from the provisions of clause 7.6. of the Offer and determine in writing their further actions regarding changes in the terms of the legal relationship between the Parties arising from the Offer.

 

  1. Use of Buyer's personal data

 

8.1.           The information provided by the Buyer when accepting the Offer is his personal data. The Seller collects, processes and stores the following personal data of the Buyer: full name, phone number, e-mail address, country/city where the Goods were ordered, order history. The Buyer's personal data is confidential information, the collection and further processing of personal data is carried out by the Seller in accordance with the Law of Ukraine "On Personal Data Protection" and other regulatory legal acts of Ukraine. The source of personal data collection is information directly and voluntarily provided by the Buyer.

8.2.           By accepting the Offer, the Buyer voluntarily provides the Seller with personal data. The Buyer also consents to the use of his personal data to receive advertising offers and other information about the Seller's activities.

8.3.           The Buyer grants the Seller the right to process his personal data, including: to record personal data in the Seller's databases (without additional notification to the Buyer about this), to store data for life, to accumulate, update, and change it (if necessary).

8.4.           The Buyer may at any time establish a ban (restriction) on the use of his personal data. To do this, the Buyer must contact the Seller with a corresponding written notice. The Buyer is also granted other rights stipulated by Article 8 of the Law of Ukraine "On Personal Data Protection".

8.5.           The Seller does not accept data about the Buyer if it is filled out incorrectly.

8.6.           If the Buyer did not specify otherwise when placing an order for the Goods on the Site, then for the purposes provided for in clause 8.2. of this Offer, the Buyer grants the Seller the right to send him any information of a commercial and/or informational nature by e-mail.

8.7.           The Buyer's data specified when accepting the Offer are confidential. Access to the data is available only to authorized persons of the Seller and the Buyer himself, and this data may be provided upon request by law enforcement and/or other authorities in accordance with the current legislation of Ukraine.

8.8.           The Buyer is responsible for the inaccuracy of the data provided by the Buyer.

 

  1. Other conditions

 

9.1.           The legal relations of the Parties arising from the acceptance of the Offer shall be valid from the moment of such acceptance until the Parties fully fulfill their obligations stipulated in this Offer.

9.2.           The Seller and the Buyer confirm that if any condition of the Offer becomes or is declared invalid due to inconsistency with the law, this condition will not be taken into account when settling the legal relations between the Parties.

9.3.           The Offer comes into force from the moment of its placement (publication) on the Site and is valid until its withdrawal by the Seller.

9.5.           By accepting the Offer, the Buyer confirms that:

  • he is familiar with and agrees with all the terms and conditions set out in this Offer and on the Site, and accepts them unconditionally;
  • all actions taken by him will not contradict the terms set out on the Site and in this Offer.

9.6.           For Internet marketing purposes, the Seller uses the Google Analytics service.

The Seller has the right to make changes to the text of this Offer without prior notice. Such changes shall enter into force upon their publication and shall apply to any acceptance of the Offer made after their publication, unless otherwise specified upon posting (publication) of such changes.

9.7.           The Buyer undertakes to carefully read this Offer. In case of disagreement with its terms, the Buyer undertakes to refuse to accept the Offer.

9.8.           The Seller and the Buyer maintain communication through the use of e-mail, telephone communication (calls, messages, etc.). The Buyer agrees that all messages or other information provided electronically have legal force and are equivalent to documents drawn up in writing.

 

  1. Seller's location and details

 

Seller: INDIVIDUAL ENTREPRENEUR «Degtyar Victoria Sergiivna» (location: Ukraine, 01024, Kyiv city, Shovkovychna street, building 38, apartment 11, legal entity ID code: 3234618325, IBAN: UA813220010000026006340097017 in JSC "UNIVERSAL BANK", MFO 322001, director Degtyar Viktoria Sergiivna).