Terms and Conditions
Sale and Purchase Public Agreement
Yana Viktorovna Olenich, an individual entrepreneur, resident of Ukraine, the taxpayer ID registration number 3264316805, offers to conclude this Sale and Purchase Agreement (hereinafter – the ‘Agreement’).
- 1.1. The terms given below are used in the following meaning for the purpose of their unambiguous interpretation:
- 1.1.1. Agreement – this sale and purchase public agreement provides the sale of Goods to an uncertain range of Buyers through means of remote communication (Internet).
- 1.1.2. Seller – Yana Viktorovna Kuznetsova, an individual entrepreneur, the taxpayer ID registration number 3264316805.
- 1.1.3. Goods – goods, works, services, which is t be sold by the Seller as a result of implementing her economic activities.
- 1.1.4. Buyer – any capable person, who comply with the procedure provided hereby, has, on his/her own will, fully accept all the Agreement conditions without exception by paying the Goods value.
- 1.1.5. Goods receiver- any capable person identified by the Buyer as the Goods Receiver.
- 1.2. For the purposes of this Agreement, all definitions specified in clause 1.1 hereof are used exclusively in the sense specified in clause 1.1 hereof, regardless of being used in singular or plural, or in other grammatical forms, cases and / or designs.
- 1.3. All other definitions not individually defined herein shall be interpreted in their literal grammatical sense based on provisions of the current legislation of Ukraine, the customs of business communication, as well as on the purpose and subject matter hereof.
2. GENERAL PROVISIONS
- 2.1. This Agreement is a public one and according to Art. 633, 641 of the Civil Code of Ukraine its conditions are the same for all consumers. Unconditional acceptance of its conditions (payment in any way that complies with Part 2 of Article 642 of the Civil Code of Ukraine) is considered acceptance of this Agreement between the Seller and the Buyer, and certifies the fact of its conclusion.
- 2.2. In the event the Buyer accepts the proposed terms and conditions, it is deemed that he fully and unconditionally agrees with all the terms of the following offer (public offer), as well as in full and definitely accepts it (including, agrees to carry out all the obligations that are assigned to him/her hereby).
- 2.3. Comply with Art. 641 of the Civil Code of Ukraine, in case of accepting the conditions set out below and payment for Goods, the Buyer accepts the offer (concludes the Agreement) and acquire the status of the Buyer comply with the terms hereof.
- 2.4. The Buyer, when accepting the Agreement, accepts completely and unconditionally all its terms without any exclusions and restrictions. The Buyer, comply with Art. 642 of the Civil Code of Ukraine, confirms the fact of this Agreement acceptance after being familiarized with its terms by way of paying the Goods value.
- 2.5. The Agreement concluded by the Buyer through accepting the public offer, has legal effect in accordance with Art. 642 of the Civil Code of Ukraine and is an equilibrium agreement, signed by the Parties, and is considered to be the one with which the Buyer has become familiarized and agrees. This Agreement, comply with Part 2 of Art. 642 of the Civil Code of Ukraine, equates to the conclusion of a bilateral written agreement between the Parties on terms set forth in this public offer.
- 2.6. Subsequently, within the text hereof, the Seller and the Buyer are collectively referred to as the “Parties”, and each individually as the “Party”. Each Party shall guarantee to the other Party of its necessary capacity, as well as of all rights and powers necessary and sufficient for concluding and executing the Agreement comply with its terms.
3. SCOPE OF AGREEMENT
- 3.1 Comply with the procedure and on terms and conditions established hereby, the Seller undertakes to transfer Goods chosen by him to the Buyer’s ownership, and the Buyer undertakes to accept and pay the Goods in accordance with the procedure and conditions established hereby.
3.2. The title to the Goods passes to the Buyer at the moment of delivery (transfer) of the Goods and subject to the full payment by the Buyer of the Goods value comply with the procedure and conditions established hereby.
4. PROCEDURE FOR CONCLUDING THE AGREEMENT
- 4.1. The Buyer chooses, on his/ her own discretion, an existing and offered for sale Product, the information of which is posted by the Seller on the Internet, in particular, on the website http://olenich.co/.
- 4.2. After completing the form “Ordering options”, the Buyer must carefully read all the terms and conditions of this Agreement, and in case he/she accepts these conditions in full, he/she clicks on the button “Place an order”, which is considered to be the fact of sending the relevant Order for the Goods selected.
- 4.3. This Agreement is considered concluded, and the Seller’s offer for the conclusion of this Agreement (offer) is fully accepted by the Buyer from the moment the latter pays the Goods value.
- 4.4. The Buyer, by paying the Goods value, confirms his/her full and complete agreement with all the terms hereof without exception, including the conditions for delivery and payment of Goods at prices indicated by the Seller on the website http://olenich.co/ or in the email on the date the Buyer concludes the Agreement. In the event of discrepancies between the price and other information on the Goods, listed on the website and in an email, an email letter prevails.
- 4.5. The Buyer, by paying the Goods, confirms the fact that comply requirements of Part 2 of Art. 13 of the Law of Ukraine “On Consumer Rights Protection” he/she is informed in a convenient and accessible manner on the following:
- – the Seller’s location and mode of operations;
- – the main characteristics and consumer properties of Goods selected by the Buyer;
- – the cost of Goods chosen by the Buyer, as well as the cost of delivery to the Buyer;
- – the manner, procedure and terms of payment and delivery of Goods chosen by the Buyer;
- – Seller’s warranty obligations and other services related to the maintenance or repair of the Goods (if any) chosen by the Buyer;
- – the warranty period and the service life of the Goods selected by the Buyer, the obligatory conditions of using the Goods and possible consequences in case of non-fulfillment thereof;
- – the claims accepting procedure;
- – the period of accepting the offer regarding the conclusion of this Agreement;
- – the procedure for termination of this Agreement;
- – other terms and conditions on which the Goods are offered for sale.
- 4.6. The Buyer, by paying the Goods, confirms the fact that comply with requirements of Art. 15 of the Law of Ukraine “On Consumer Rights Protection” he/she fully and properly received all the necessary, accessible, reliable and timely information on the product chosen, which fully ensured the option for the conscious and competent selection of these Goods.
- 4.7. The Buyer, by paying the Goods value, proves an unconditional and full acceptance of all terms and conditions hereof without exceptions, as well as an entering into the relevant contractual relationship with the Seller.
- 4.8. The term needed by the Seller to process and execute the order sent by the Buyer for the selected Goods makes up to 2 (two) working days from the date the Buyer completed and sent the form of such Order for the Goods selected in the manner established by cl. 3.1 – 3.2 hereof. In the event the Buyer sent the specified Order for the Goods on weekends or holidays, the term for processing and execution of this Order for the Goods starts counting on the first day after the weekend or a holiday fallen on a business day.
- 4.9. The Buyer orders Goods by completing the form “Ordering option” on the website http://olenich.co/.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
- 5.1. The Buyer has the right:
- 5.1.1. to demand from Seller the full and proper fulfillment of terms and conditions hereof;
- 5.1.2. to refuse acceptance and payment of low-quality or incomplete Product or Goods, which does not correspond to the Product or Goods ordered;
- 5.1.3. to demand from the Seller, in case of defects of the Goods purchased within the established warranty period, either a proportional price reduction for the Goods, or the free defects correction, or the reimbursement of expenses for such Goods’ defects correction;
- 5.1.4. to either terminate this Agreement or require the exchange (replacement) of the purchased Goods for the same Product of the proper quality or for another similar Product offered for sale by the Seller in case of material defects of Goods due to the fault of the Seller identified within the warranty period;
- 5.1.5. to refuse this Agreement in the order and in cases stipulated hereby and the current legislation of Ukraine;
- 5.1.6. to terminate this Agreement in the order and in cases stipulated hereby and the current legislation of Ukraine;
- 5.1.7. to demand from the Seller the return of money paid for the Goods in case of termination or refusal from this Agreement;
- 5.1.8. to exercise other rights provided for hereby and provisions of the current legislation of Ukraine.
- 5.2. The Buyer is obliged to:
- 5.2.1. fulfill all its obligations under this Agreement properly and in full;
- 5.2.2. before entering into this Agreement, carefully review its content and terms, as well as to familiarize with the cost of Goods offered for sale, the payment methods and procedure;
- 5.2.3. before entering into this Agreement, to read carefully the cost of Goods and their delivery modes;
- 5.2.4. accept ordered quality and complete Goods comply with the terms and conditions established hereby;
- 5.2.5. pay the cost of the ordered Goods within the established terms and comply with conditions defined hereby;
- 5.2.6. keep the relevant settlement document confirming the payment for Goods within the warranty period;
- 5.2.7. to perform other duties provided for hereby and by provisions of the current legislation of Ukraine.
- 5.3. The Seller has the right:
- 5.3.1. to periodically review and modify the value of Goods offered for sale depending on the market situation;
- 5.3.2. to carry out sales and make special promotion offers that provide for a temporary opportunity to purchase Goods on more favorable terms than usual;
- 5.3.3. in case if the proposed for sale Goods are absent at the given moment, to notify the Buyer of the impossibility of concluding the Agreement for such Goods or to offer the Buyer to conclude the Agreement later, when Goods will be available from the Seller;
- 5.3.4. other rights stipulated by this Agreement and provisions of the current legislation of Ukraine.
- 5.4. The Seller is obliged to:
- 5.4.1. fulfill all its obligations under this Agreement properly and in full;
- 5.4.2. provide the Buyer with complete and accurate information on Goods and their cost by posting such information on the website http://olenich.co/;
- 5.4.3. provide the Buyer with complete and accurate information about the cost and means of delivering Goods by posting this information on the website http://olenich.co/;
- 5.4.4. ensure the delivery of Goods ordered by the Buyer up to the destination specified by the Buyer and in the manner chosen by the Buyer in the respective order for such Goods, in due time and comply with conditions established hereby;
- 5.4.5. ensure the transfer (delivery) of quality and complete Goods, ordered by the Buyer, to the Buyer or the Goods Receiver in the proper packaging within terms, in the order and under conditions established hereby;
- 5.4.6. adhere to the complete and unconditional fulfillment of warranty commitments;
- 5.4.7. in case of this Agreement termination, to return funds paid for Goods to the Buyer within the terms, in the order and under conditions established hereby;
- 5.4.8. perform other duties provided hereby and by provisions of the current legislation of Ukraine.
6. DELIVERY AND TRANSFER-ACCEPTANCE OF GOODS
- 6.1. Delivery of Goods is carried out in the manner chosen by the Buyer upon completion of the form “Ordering options”.
- 6.2. The Seller undertakes to deliver and hand over the ordered Goods to the Buyer or the Goods Receiver at the place of Goods delivery, specified by the Buyer in the relevant Goods Order, within the following terms:
- – on the territory of Ukraine – up to 5 business days;
- – on the territory of the Russian Federation – up to 14 business days;
- – in other countries – up to 5 business days.
- 6.3. Delivery of the Goods is carried out by the Seller in the manner and up to the destination specified by the Buyer in the respective Goods Order. Delivery is free on the territory of Ukraine. The cost of delivery in other countries is 30 (Thirty) Euro.
- 6.4. Buyer of the Goods Receiver is the recipient of Goods ordered by the Buyer.
- 6.5. The cost of delivery for Goods ordered by the Buyer is determined depending on the place and delivery method specified by the Buyer in the respective Goods Order.
- 6.6. Information on the cost and possible ways of Goods delivery (an integral part of this Agreement) is available on the website http://olenich.co/.
- 6.7. Goods ordered by the Buyer are delivered by the Seller with the support of couriers and delivery services involved under the partnership terms, depending on the destination and delivery method specified by the Buyer in the respective Goods Order.
- 6.8. The list of couriers and delivery services involved (affiliated with the Seller) (an integral part of this Agreement) is available on the website. http://olenich.co/.
- 6.9. The Goods are delivered (transferred) packed to the Buyer or the Goods Receiver.
- 6.10. The delivery (transfer) of the ordered Goods to the Buyer or the Goods Receiver is carried out only under the following conditions:
- – one hundred percent payment by the Buyer of such Goods value and their delivery in the order and on terms established hereby;
- – payment by the Buyer or the Goods Receiver of customs duties provided by the legislation of the country of Goods receipt;
- – submission by the Buyer or the Goods Receiver of the document certifying his/her identity;
- – submission by the Buyer of other documents or performance of other actions stipulated by the terms of delivery on the part of courier and delivery services, as well as by the legislation of the state in the territory of which the Goods are delivered.
- 6.11. The Seller or the supporting couriers and delivery services involved by the Seller under the partnership terms who carries out the delivery of such Goods, at the time of delivery (transfer) of the ordered Goods to the Buyer or the Goods Receiver and in the presence of the Buyer, shall verify the conformity of Goods to the Order for such Goods, sent to the Buyer comply with the procedure established by clauses 3.1-3.2 hereof.
- 6.12. In the event the ordered Goods do not correspond to the appropriate Goods Order made by the Buyer for this Goods or such Goods were found inadequate, incomplete or having any defects, the Buyer has the right of his/her choice:
- – either to cancel this Agreement;
- – or require the exchange (replacement) of such Goods for the same Goods of proper quality in accordance with the Goods Order sent by the Buyer for the Goods or to get another similar Goods from among the items available for sale on the website http://olenich.co/.
The Seller reserves the right to repudiate the exchange or acceptance of Goods, which the Buyer has declined from, in case if the cost for such Goods shipping and / or customs payments exceed the cost of the Goods.
The Buyer is obliged to agree in advance with the Seller on the method of exchange or return of Goods.
- 6.13. The risk of accidental destruction, loss or damage to the Goods ordered shall pass to the Buyer from the moment of delivery (transfer) of such Goods to the Buyer or the Goods Receiver.
- 6.14. This Agreement is deemed to have been executed at the moment of the complete and of proper quality Goods delivery (transfer) to the Buyer or the Goods Receiver, where such Goods had been ordered by the Buyer and fully corresponds to the Order sent by the Buyer for such Goods. The Buyer understands and agrees that color shades of Goods may differentiate from their photo image on the website http://olenich.co/, which shall not be deemed to be an improper quality or distinction between the Goods and the Order.
- 6.15. Refusal of the Buyer or the Goods Receiver from accepting the ordered Goods that are of good quality, complete and fully complies with the Order sent by the Buyer for these Goods shall be deemed to be a unilateral repudiation of this Agreement on the part of the Buyer in full, which, accordingly, results in the complete termination of all the Seller’s obligations, arisen from the moment when the Buyer accepted the Seller’s offer regarding the conclusion hereof.
- 6.16. The Buyer has the right to return Goods in cases and within the terms stipulated by the legislation of Ukraine, in particular the Law of Ukraine “On Consumer Rights Protection “, namely:
- 6.16.1. The Buyer has the right to terminate the Sales and Purchase Agreement by notifying the Seller (the executor) within fourteen days from the receipt of Goods.
- 6.16.2. The Buyer is obliged to agree in advance with the Seller the way of returning Goods.
- 6.16.3. The Seller reserves the right to refuse acceptance of the Goods, which the Buyer has declined from, in case if expenses for such Goods shipping and / or customs payments exceed the value of the Goods.
- 6.17. The Buyer bears all expenses related to the delivery of Goods in case of their return.
- 6.18. The return of Goods value paid by the Buyer shall be made by the Seller upon receipt of the Goods, less the cost of funds transfer. The cost of Goods delivery to the Buyer shall not be refunded upon returning the Goods value.
7. RESPONSIBILITY OF THE PARTIES AND DISPUTES SETTLEMENT PROCEDURE
- 7.1. In cases of non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties shall bear responsibility comply with the legislation of Ukraine.
- 7.2. In the event if one of the Parties fails to fulfill its obligations and under other grounds provided for by the legislation of Ukraine, this Agreement may be terminated by a court decision upon request of the other Party.
- 7.3. The Parties are not responsible for violating their obligations hereunder in case if such violation was not due to their fault. A Party is considered to be innocent if it proves that it has taken all measures dependent on it to properly fulfill its obligations.
- 7.5. All disagreements and disputes that may arise between the Parties in connection with the implementation of this Agreement shall be resolved through negotiations.
- In the event the Parties could not reach mutual agreement through negotiations, and in case if one of the Parties evade negotiations, the dispute shall be settled through legal proceedings as established by the legislation of Ukraine.
8. DURATION OF THE AGREEMENT AND OTHER CONDITIONS
- 8.1. This Agreement is considered concluded from the moment the Buyer pays the Goods value and operates until the Parties completely fulfill their obligations.
- 8.2. The Parties confirm the fact that this Agreement contains all the essential terms and conditions stipulated for agreements of this type, and neither of the Parties will be referred in the future to failure in reaching an agreement on the essential terms hereof as the basis for considering it not concluded or invalid.
- The Parties hereby confirm that if any term of this Agreement is or will be declared void due to the contradiction of any law, this term will not be taken into account or the Parties will take measures to amend the Agreement to the extent needed to make the Agreement valid and to fully preserve the primary intentions of the Parties.
- Provisions of the current legislation of Ukraine regulate all legal relations arising in connection with the implementation of this Agreement and not regulated by it.
- 8.3. Each Party agrees to use the personal data provided by it to the other Party for the purpose of implementing the state policy on personal data protection and comply with the Law of Ukraine “On Personal Data Protection” No. 2297-VI dated 01.06.2010.
- 8.4. Hereby the Buyer fully understands that all the information provided is the personal data, that is, the data used for identification, so the Buyer agrees that such data is kept by the Seller for further use in accordance with provisions of the current legislation of Ukraine and for the implementation of business relations between the Parties. The personal data provided by the Buyer is protected by the Constitution of Ukraine, as well as by the Law of Ukraine “On Personal Data Protection”. The Buyer confirms his unconditional agreement with the foregoing and confirms the fact that he/she is familiarized with the content of Art. 8 of the Law of Ukraine “On Personal Data Protection”.