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Physical person-entrepreneur Romanov Yulia Viktorovna Romanov (date of state registration: 24.07.2013, number of the record of state registration: 24150000000058216), guided by Articles 633, 641, 642 and Chapter 54 of the Civil Code of Ukraine contract-offer to both individuals and legal entities and has the corresponding legal force in the sale of Goods or services presented on the official website of the Seller – https://m-sonechko.com/ (hereinafter – the Site).
The fact of the Buyer ordering Goods or services, verbally (by phone or in the shop, office) or in writing (through the site, e-mail or in any other manner provided for in this Agreement), according to Art. 642 of the Civil Code of Ukraine, is a full and unconditional acceptance of the terms of this Agreement and the information set out on the Site, as well as the consent of the Buyer using services or buying Goods, with the rules, terms, restrictions and other terms of cooperation set out in this Agreement.
1.1 In this Contract the terms are used in the following meanings:
– Public Contract – a sales contract, which establishes for all Buyers, except for those who are granted privileges under the laws of Ukraine, the same conditions for the purchase of the Goods on the terms of the
public offer from the moment of its acceptance by the Buyers.
– Offer – a public offer of the Seller addressed to any individual and/or legal entity, with the purpose to conclude this Contract on the existing conditions.
in order to conclude this Contract on the existing conditions specified in the Contract.
– Acceptance – full and unconditional acceptance by the Buyer of the Seller’s offer to purchase the Goods by ordering them and the Buyer’s full and unconditional consent to the Seller’s offer to conclude this Public Contract, executed by the Buyer.
to conclude this Public Contract in one of the following ways:
From the moment the Seller receives an Order for the Goods from the Buyer, this Agreement shall be deemed concluded.
– Goods – an item of trade (product, model, accessory, components and accompanying items or any other items of trade), the offer to purchase which is placed on the Seller’s Website “m-sonechko.com”, but is not limited to the Website and may be placed in any other resources, on paper media or in any other manner not prohibited by law.
– Buyer – any legally capable natural person intending to purchase the Goods and entering into a contractual relationship with the Seller on the terms and conditions specified in the Agreement.
– Seller – an individual entrepreneur Romanov Yulia Viktorovna.
– Order – a duly executed oral or written request of the Buyer to purchase Goods addressed to the Seller.
– Legislation – the current legislation of Ukraine, which may be applied to legal relations related to the performance and/or proceeding from the fulfilment of obligations described in this Agreement.
1.2 The fact of placing an Order and/or receiving an invoice for payment by the Buyer, either independently or by any other method offered by the Seller, shall constitute unconditional acceptance of the terms and conditions of this Agreement, and the Buyer shall hereinafter act as a person who has entered into contractual relations with the Seller. The Buyer is obliged to familiarise himself/herself with the terms and conditions of this Agreement and the Seller is not obliged to inform the Buyer additionally or in any other way about the existence of the Agreement other than by publishing it on the Website.
1.3 The Buyer’s acceptance confirms that the Buyer has familiarised himself with the content of this Agreement, the Seller’s registration data, the procedure for accepting claims, the characteristics of the Goods, the price of the Goods, the terms of payment for the cost of the Goods, the terms of delivery and return of the Goods and payment of the cost of such delivery (return), the list of Goods not subject to return, warranty obligations for the Goods, the procedure for termination of this Agreement.
1.4 By entering into this Agreement, the Buyer confirms that he/she is familiarised with the information about the Goods sold under the terms of this Agreement, namely its shape, dimensions, external manufacture, as well as information about the manufacturer, is aware of such characteristics of the Goods and their significance, and agrees to purchase such Goods with such characteristics.
1.5 At the written request of the Buyer, the Seller shall draw up a contract with the signatures of the parties.
1.6. The Buyer independently and at his own request may place an order on the Site and/or place an order by contacting the Seller by phone, in writing, by e-mail or in any other way, which means that the Buyer has read this agreement and agrees with it.
1.7 The Public Agreement comes into force from the moment of its posting by the Seller on the Website.
2.1 The Seller undertakes to transfer the Goods custom-made or available at the Seller’s premises to the Buyer in the order and on the terms and conditions specified in this Agreement, and the Buyer undertakes to accept and pay for them.
3.1 The Seller undertakes to:
– fulfil the terms and conditions of the Contract;
– manufacture and transfer the Goods to the Buyer in accordance with the Buyer’s order, taking into account the specifics of the Goods;
– not to disclose any private information of the Buyer and not to provide access to this information to third parties, except for cases stipulated by the current legislation of Ukraine.
3.2 The Seller has the right to:
– unilaterally refuse to fulfil the terms and conditions of the contract in case of the Buyer’s breach of its obligations;
– unilaterally transfer its rights and obligations to fulfil Orders to third parties;
– in order to improve the quality of service to record orders in the telephone mode.
The Seller shall also have other rights and obligations provided for by the current legislation of Ukraine and this Agreement.
4.1 The Buyer undertakes to:
– duly familiarise himself/herself with the content of the Contract, payment and delivery terms;
– to pay for and accept the Goods in due time in accordance with the terms of this Agreement;
– check the quality, completeness, colour, size, quantity, assortment and other characteristics of the Goods at the moment of acceptance;
– before using the Goods carefully familiarise yourself with the operating rules;
– in case of necessity to clarify the conditions and rules of use of the Goods – before starting to use the Goods, ask for explanations from the Seller (manufacturer) or another person performing their functions;
– use the Goods according to their intended purpose and comply with the conditions (requirements, norms, rules) established by the manufacturer of the Goods (Seller);
– comply with the usual reasonable safety measures established for Goods of this kind.
4.2 The Buyer has the right to:
– Demand that the Seller fulfils its obligations.
The Buyer shall have other rights and obligations stipulated by the current legislation of Ukraine and this Contract.
5.1 The manufacturing time is the date of notification by the Seller to the Buyer that the Goods are ready for shipment, which may be made by the Seller by any method provided for in this Agreement for ordering the Goods.
5.2 The terms and time of delivery or dispatch of the Goods shall be discussed personally for each batch of Goods separately when placing an order.
5.3 After the date of the Seller’s notification to the Buyer about the readiness of the Goods for shipment, the Buyer is obliged to accept the Goods as soon as possible.
5.4 The date of transfer and the moment of transfer of ownership of the Goods to the Buyer shall be the date of transfer of the Goods to the Buyer or at the moment of delivery of the Goods to the delivery service or carrier for delivery to the Buyer.
5.5 Upon receipt of the Goods, the Buyer shall check the quality, completeness, colour, size, quantity, assortment and other characteristics of the Goods in accordance with the order.
5.6 If the Buyer discovers such defects as shortage, incompleteness, damage or destruction of the Goods or other external defects when accepting the Goods, the Buyer shall draw up a relevant Act in the presence of the Seller (its authorised representative) and/or delivery service representative upon receipt of the Goods and take a photo of the received Goods attached to the Act. On the basis of the Act, the Buyer shall have the right to submit a claim to the Seller within 5 calendar days from the moment of acceptance of the Goods, executed in the above-mentioned order.
5.7 If the Buyer discovers any defects in the Goods, the Buyer shall be entitled to: a proportional reduction in the price of the Goods; free elimination of the defects of the Goods within a reasonable period of time; reimbursement of the costs of elimination of the defects of the Goods. In case of detection of defects upon receipt of the Goods, the Buyer is obliged to return the Goods to the Seller for elimination of defects, unless the Seller and the Buyer reach other agreements on elimination of defects of the sold Goods.
5.8 All claims of the Buyer to the quantity and completeness of the Goods submitted by the Buyer in violation of the terms and procedure for their submission stipulated by this Agreement shall be considered groundless and shall not be satisfied. If the delivered Goods do not meet the quality requirements established by the current legislation for such type of Goods, upon acceptance of the Goods the Buyer has the right to demand from the Seller to replace the delivered Goods with similar Goods of proper quality or to eliminate the identified defects.
5.9 In case of defects of the delivered Goods in accordance with the procedure established by this Contract and the current legislation of Ukraine, the Seller shall accept the low-quality Goods returned by the Buyer and replace them with quality Goods, replace the damaged Goods, complete the incomplete Goods to the amount of the revealed shortage or recalculate the total cost of the respective batch of Goods. All defects shall be eliminated within 30 calendar days from the date of receipt of the Goods by the Seller.
5.10. No penalties for delay shall be charged for the period of defects elimination.
6.1 The Goods may be received by the Buyer directly at the place of sale at the address: Lviv, 36A Naslediye str. or delivered to the Buyer with the involvement of third parties.
6.2 Delivery of the Goods is carried out by courier service or with the involvement of other third parties providing transport services, delivery at the expense of the Buyer (New Post, Ukrposhta, Most Express, etc.). Responsibility for the safety of the Goods until the moment of their transfer to the Buyer shall be borne by the delivery service or other persons delivering the Goods, and all risks of damage to the Goods shall be borne by the Buyer. In such case, the Seller shall not be liable for damage to the Goods after they have been handed over to the persons delivering the Goods to the Buyer, unless the damage to the Goods was caused by the Seller’s fault.
6.3 The Seller’s obligation to deliver the Goods to the Buyer shall be deemed fulfilled at the moment when the Goods are handed over to the delivery service or other person providing services for delivery of the Goods to the Buyer.
9.1 The prices of the Goods are specified in the national currency of Ukraine according to the price list and/or order.
9.2 The final price is formed in accordance with all conditions of the order by the Buyer.
9.3. Payment for the Goods can be made:
9.3.1. in the form of prepayment in the amount of 100% of the cost of the Goods at the moment of conclusion of this Contract and approval of the Order;
9.3.2. by paying a deposit at the moment of conclusion of this Contract and coordination of the Order, in the individually determined amount agreed by the Parties, by paying the cost of the Goods upon receipt of the Goods from a courier service or other person providing services for delivery of the Goods to the Buyer, less the amount of the deposit.
9.4 If the Buyer is at fault for breach or non-fulfillment of this Contract, the deposit shall remain with the Seller. If the Seller is at fault for the breach or non-fulfillment of this Contract, the Seller shall return the deposit to the Buyer and additionally pay the amount of the deposit or its value. The party guilty of violating the terms and conditions of this Contract shall compensate the other party for damages in the amount by which they exceed the amount of the deposit. In case of termination of this Agreement prior to the beginning of the Order execution or due to the impossibility to execute the Order, the deposit shall be returned.
9.5 The Buyer’s obligation to pay the price of the Goods shall be deemed to be fulfilled from the moment of crediting the relevant funds to the Seller’s current account or from the moment of receipt of cash payment by the Seller.
9.6 Prior to delivery of the Goods to the Buyer, the Seller’s representatives and/or courier, and/or any other third party delivering the ordered Goods on behalf of the Seller shall have the right to require the Buyer to provide a document confirming the fact of payment for the Goods (payment order, payment receipt, etc.).
10.1 The Seller warrants the Goods for 30 days from the date of receipt of the Goods by the Buyer. In case of sale of seasonal Goods, the warranty starts from the moment of the beginning of the season.
10.2 The warranty is terminated if the Buyer has used the Goods in violation of the rules of use or storage for this type of Goods, as well as in other cases stipulated by the current legislation and this Agreement.
10.3 The warranty for the Goods shall also be terminated in cases of violation of the rules of care for embroidered products, set out in paragraph 10.4. of this Agreement and provided to the Buyer together with the purchased Goods.
10.4 To preserve the quality of embroidered items (Goods), the following care rules shall be observed:
– to carry out only hand washing at a temperature of 30 degrees;
– do not twist (distort) the Goods after washing, but only wring out and strip;
– do not use bleaching agents to wash or clean the Goods;
– dry the Goods in the shade;
– iron the Goods at medium temperature.
10.3 The quality of the transferred Goods shall meet the established standards and requirements established for this type of products.
10.4 The color may not differ significantly from the color in the picture/photo.
10.5 The Goods may differ from the photo/picture within reasonable limits.
10.6 The Goods shall be dispatched in containers (packaging) according to the requirements of the manufacturer and/or state standards, technical specifications (or as agreed by the parties).
10.7. Goods made to order are not included in the list of Goods of proper quality subject to exchange and return. This means that if the Buyer ordered the Goods, which are made to order and did not fit for any reason, then in accordance with the Law of Ukraine “On Protection of Consumer Rights” it is impossible to return this Goods to the Seller.
10.8 The Seller guarantees the quality of the goods, but cannot guarantee the quality of the delivery service. Consequently, if upon receipt of the Goods by the Buyer the damage to the Goods coinciding with the package damage is detected, the Buyer shall make all claims regarding the Goods (or its part) to this service, and the Transferred Goods shall be deemed to be Goods of proper quality.
11.1 Before ordering, the Buyer shall familiarize himself with the detailed description and characteristics of the goods, if necessary to clarify the dimensions, specification of the goods and delivery details with the Seller.
11.2 The Buyer has the right to exchange the goods of proper quality for a similar one from the Seller from whom it was purchased, if the goods are not satisfactory to him in terms of shape, dimensions, style, color, size or for other reasons can not be used for its intended purpose, except as provided for in this Agreement and applicable law.
11.3 The Buyer has the right to exchange the goods of proper quality within fourteen days, not counting the day of purchase.
11.4 The Buyer is obliged to indicate the reason for the exchange or return of goods.
11.5 Goods of proper quality are subject to exchange if the following conditions are met:
– the goods did not satisfy the buyer in terms of shape, dimensions, style, color, size or for other reasons cannot be used for its intended purpose;
– the goods have not been used and if their trade dress, consumer properties, seals, labels, etc. have been preserved;
– the buyer has saved the settlement document issued to him together with the sold goods or sent to the e-mail or other means of internet communication provided by him, or reproduced on the display of the program recorder of settlement operations or QR code, which allows its reading and identification by the settlement document according to the structure of the data contained therein.
11.6 If at the time of exchange a similar product that can be used by the Buyer for its intended purpose is not available, the Buyer has the right to:
– to purchase any other goods from the available assortment with a corresponding transfer of value;
– terminate this Contract and return the goods to the Seller and demand a refund from the Seller in the amount of the value of the returned goods;
– to exchange the goods for a similar product when the corresponding product is first available for sale.
The Seller is obliged to inform the Buyer requesting the exchange of goods about the availability of the goods.
11.7 Upon termination of the Contract, the Buyer shall be paid on the basis of the value of the goods at the time of purchase. The money paid for the goods shall be returned on the day of termination of the Contract, and in case of impossibility to return the money on the day of termination of the Contract – in another term as agreed by the parties, but not later than within seven days, provided that the Buyer is present at the place of sale of the goods or provides bank details for the return of funds.
11.8 The goods may be exchanged or returned to the Seller directly at the point of sale or via delivery service. In case of return or exchange of the goods, the Buyer shall pay the delivery fee.
11.9 No refunds or exchanges shall be made:
– goods made to order (including, but not limited to: personalized items with embroidered initials, names, dates or other inscriptions; items that are not serialized, namely – goods of a different model, size or made with a different finish, shape or color of embroidery than the basic models posted on the Seller’s website or storefront, candles with decorative elements);
– goods designed for infants up to 1 year old (diapers, rump, etc.);
– bedding and linens
– perfume and cosmetic products (scented candles, etc.);
– other goods not subject to return according to the legislation.
12.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in accordance with the applicable legislation of Ukraine.
12.2. In case of late payment, the Buyer shall pay a penalty to the Seller at the rate of 0.5% of the overdue amount for each day of delay, but not exceeding 50% of the total order amount.
12.3. In case of delayed delivery of the Goods, the Seller shall pay a penalty to the Buyer at the rate of 0.2% of the amount of undelivered Goods for each day of delay, but not exceeding 20% of the amount of undelivered Goods.
12.4. The Buyer shall be fully liable to the Seller and third parties for the violation of the deadlines for receiving the goods.
12.5. The Parties mutually confirm and guarantee that at the time of conclusion of this Agreement they are together and individually not restricted in their right to conclude and perform similar contracts.
12.6. The Parties shall not be liable for non-performance of the terms of this Agreement in case of force majeure circumstances and/or if this occurred due to acts and circumstances of force majeure, namely: earthquakes, fires, floods, other natural disasters, strikes, civil unrest, military and non-military actions, anti-terrorism operations, etc.
12.7. Confirmation of the existence and continuation of force majeure shall be a relevant document issued by the respective chamber of commerce or other competent authority.
12.8. The Party for whom the performance of the Agreement has become impossible due to force majeure circumstances and/or the occurrence of acts and circumstances of force majeure shall immediately notify the other Party.
12.9. The Seller shall not be liable for damage to the Goods if it occurred due to the fault of the courier service and/or the deliverer of the Goods. In this case, all claims shall be made against the aforementioned persons in accordance with the terms of this Agreement.
12.10. In case of establishment or amendment of quarantine conditions in the territory of Ukraine, under the terms of which the Seller or its suppliers are not entitled to carry out economic activities or disconnection of the Seller’s power supply, the deadlines for the manufacture and sale of the Goods shall be suspended and shall start counting from the next day after the permission for the Seller’s or its suppliers’ economic activities or the inclusion of electricity is provided. In this case, no financial or penalty sanctions shall be applied to the Seller for the violation of the deadlines for the transfer of the Goods to the Buyer or the performance of other obligations provided for by this Agreement. The circumstances set forth in this clause do not require confirmation by the Chamber of Commerce and Industry or any other body and shall be proved in the general manner.
13.1. All disputes arising from this Agreement or in connection with it shall be sought to be resolved through negotiations by the Parties.
13.2. In case it is impossible to settle the dispute through negotiations, it shall be submitted for consideration to the court in the manner established by the current legislation of Ukraine.
14.1. This Agreement is legally equivalent to an agreement concluded in simple written form.
14.2. The Buyer is obliged to provide accurate and truthful information in the amount necessary for the provision of services and/or the purchase of goods that he/she receives or purchases.
14.3. Providing inaccurate information or not providing the necessary information upon the Seller’s request may serve as a reason for suspending the provision of services or refusing to sell the Goods.
14.4. The Seller collects and processes personal data of Buyers for the following purposes:
14.5. Only persons directly involved in the execution of the Order have access to the Buyer’s personal data.
14.6. The Seller undertakes to: maintain confidentiality regarding the personal data of Buyers; not allow attempts of unauthorized use of the personal data of Buyers by third parties; exclude access to the personal data of Buyers by persons who are not directly related to the execution of the Order, except in cases provided by the current legislation of Ukraine.
14.7. In cases not provided for by this Agreement, the Parties shall be guided by the current legislation of Ukraine.
Individual entrepreneur Romaniv Yulia Viktorivna (date of state registration: 24.07.2013, state registration number: 24150000000058216), guided by Articles 633, 641, 642 and Chapter 54 of the Civil Code of Ukraine, publishes this Public Agreement, which is a public offer agreement addressed to both individuals and legal entities and has the appropriate
legal force for the sale of Goods or services presented on the Seller’s official website – https://m-sonechko.com/ (hereinafter referred to as the Website).
The fact of the Buyer’s ordering of the Goods or services, orally (by phone or in a store, office) or in writing (via the website, e-mail or in any other manner provided for by this Agreement), in accordance with Art. 642 of the Civil Code of Ukraine, is a full and unconditional acceptance of the terms of this Agreement and the information provided on the Website, as well as the consent of the Buyer who uses the services or purchases the Goods to the rules, terms, restrictions and other terms of cooperation set forth in this Agreement.
1.1. In this Agreement, the terms are used in the following meanings:
– Buyer – any capable natural person who intends to purchase Goods and has entered into contractual relations with the Seller on the terms specified in the Agreement.
– Seller – individual entrepreneur Romanyuk Yulia Viktorivna.
– Order – a properly executed oral or written request from the Buyer to purchase Goods addressed to the Seller.
– Legislation – the current legislation of Ukraine, which may be applied to legal relations related to the performance and/or arising from the performance of the obligations described in this Agreement.
1.2. The fact of placing an Order and/or receiving an invoice for payment by the Buyer, both independently and in any other proposed manner by the Seller, constitutes the unequivocal acceptance of the terms of this Agreement, and the Buyer thereafter acts as a person who has entered into contractual relations with the Seller. The Buyer is obliged to familiarize themselves with the terms of this Agreement independently, and the Seller is not obliged to additionally or in any other way inform the Buyer of the existence of the Agreement other than by publishing it on the Website.
1.3. The Buyer’s acceptance confirms that the Buyer has familiarized themselves with the contents of this Agreement, the Seller’s registration data, the procedure for lodging claims, the characteristics of the Goods, the price of the Goods, the terms of payment for the cost of the Goods, the terms of delivery and return of the Goods and payment for such delivery (return), the list of Goods that are not subject to return, warranty obligations for the Goods, the procedure for terminating this Agreement.
1.4. By entering into this Agreement, the Buyer confirms that they are acquainted with information about the Goods sold under the terms of this Agreement, namely, its form, dimensions, external appearance, as well as information about its manufacturer, understands such characteristics of the Goods and their significance, and agrees to purchase such Goods with such characteristics.
1.5. Upon the written request of the Buyer, the Seller shall formalize the contract with the signatures of the parties.
1.6. The Buyer may independently and at their own discretion place an order on the Website and/or place an order by contacting the Seller by phone, in writing, by email, or by any other means, which means that the Buyer has familiarized themselves with this agreement and agrees to it.
1.7. The Public Contract enters into force from the moment it is posted by the Seller on the Website.
2.1. The Seller undertakes, in accordance with and on the terms specified in this Agreement, to transfer to the ownership of the Buyer the Goods manufactured to order or available from the Seller, and the Buyer undertakes to accept and pay for it.
3.1. The Seller undertakes to:
3.2. The Seller has the right to:
4.1. The Buyer undertakes to:
4.2. The Buyer has the right to:
5.1. The manufacturing term is the date on which the Seller notifies the Buyer of the readiness of the Goods for shipment, which may be carried out by the Seller in any manner provided for by this Agreement for ordering the Goods.
5.2. The terms and time of delivery or dispatch of the Goods are discussed individually for each batch of Goods separately when placing an order.
5.3. After the date of notification by the Seller to the Buyer of the readiness of the Goods for shipment, the Buyer is obliged to accept the Goods in the shortest possible time.
5.4. The date of transfer and the moment of transfer of ownership rights to the Buyer shall be considered the date of transfer of the Goods to the Buyer or at the moment of delivery of the Goods to the shipping service, carrier for delivery to the Buyer.
5.5. Upon receipt of the Goods, the Buyer is obliged to check the quality, completeness, color, size, quantity, range, and other characteristics of the Goods in accordance with the order.
5.6. If defects such as shortages, incompleteness, damage, or destruction of the Goods or other external defects are found by the Buyer upon receipt of the Goods, the Buyer is obliged to draw up a relevant Act in the presence of the Seller (its authorized representative) and/or the representative of the delivery service upon receipt of the Goods and take a photo of the received Goods, which is attached to the Act. Based on the drawn-up Act, the Buyer has the right to submit a relevant claim to the Seller within 5 calendar days from the date of acceptance of the Goods, drawn up in the above order.
5.7. In case of defects in the Goods found by the Buyer, the Buyer has the right to: proportional reduction of the price of the Goods; free elimination of defects of the Goods within a reasonable time; reimbursement of expenses for the elimination of defects of the Goods. In case of defects found upon receipt of the Goods, the Buyer is obliged to return the Goods to the Seller for elimination of defects, except in cases where the Seller and the Buyer reach other agreements on the elimination of defects of the sold Goods.
5.8. All claims of the Buyer regarding the quantity and completeness of the Goods, made by the Buyer in violation of the conditions and procedure for their submission provided for by this Agreement, are considered unfounded and are not subject to satisfaction. In case of non-compliance of the delivered Goods with the quality requirements established by the current legislation for such types of Goods, upon acceptance of the Goods, the Buyer has the right to demand from the Seller the replacement of the delivered Goods with a similar one of proper quality or the elimination of the identified defects.
5.9. In case of defects in the delivered Goods in the order established by this Agreement and the current legislation of Ukraine, the Seller is obliged to accept the returned defective Goods from the Buyer and replace it with a quality one, replace the damaged Goods, complete the incomplete Goods for the amount of the revealed shortage, or conduct a recount of the total cost of the relevant batch of Goods. All defects are rectified within 30 calendar days from the date of receipt of the Goods by the Seller. 5.10. No penalty sanctions for overdue are accrued during the period of defect elimination.
6.1. The Goods can be obtained by the Buyer directly at the point of sale at the address: 36A Dorobok Street, Lviv, or delivered to the Buyer with the involvement of third parties.
6.2. Delivery of the Goods is carried out by a courier service or with the involvement of other third parties providing transportation services, at the Buyer’s expense (Nova Poshta, Ukrposhta, Mist Express, etc.). The responsibility for the preservation of the Goods until its transfer to the Buyer lies with the delivery service or other persons delivering the Goods, and all risks regarding damage to the Goods are borne by the Buyer. In this case, the Seller is not liable for any damage to the Goods after their transfer to the persons delivering the Goods to the Buyer, except in cases where the damage to the Goods occurred due to the fault of the Seller.
6.3. The Seller’s obligation to transfer the Goods to the Buyer shall be deemed fulfilled at the moment of handing over the Goods to the delivery service or other person providing delivery services to the Buyer.
9.1. The prices of the Goods are indicated in the national currency of Ukraine according to the price list and/or the order.
9.2. The final price is formed in accordance with all the Buyer’s order conditions.
9.3. Payment for the Goods can be made: 9.3.1. in the form of a prepayment of 100% of the cost of the Goods at the time of concluding this Agreement and agreeing on the Order;
9.3.2. by paying a deposit at the time of concluding this Agreement and agreeing on the Order, in an individually determined amount agreed upon by the Parties, and by cash on delivery, by paying the cost of the Goods upon receipt of the Goods from the courier service or other person providing delivery services to the Buyer, minus the deposit amount.
9.4. If the breach or non-performance of the terms of this Agreement is due to the fault of the Buyer, the deposit remains with the Seller. If the breach or non-performance of the terms of this Agreement is due to the fault of the Seller, they are obliged to refund the Buyer the deposit and additionally pay an amount equal to the deposit or its value. The party at fault for the breach of the terms of this Agreement compensates the other party for damages in excess of the deposit amount. In case of termination of this Agreement before the commencement of the Order execution or due to the impossibility of Order execution, the deposit is subject to return.
9.5. The Buyer’s obligation to pay for the Goods is considered fulfilled from the moment the corresponding monetary funds are credited to the Seller’s settlement account or from the moment the Seller receives cash payment.
9.6. Before delivering the Goods to the Buyer, the Seller’s representatives and/or courier, and/or any other third party delivering the ordered Goods at the Seller’s instruction, have the right to demand from the Buyer to provide a document confirming the payment for the Goods (payment order, payment receipt, etc.).
10.1. The Seller provides a warranty for the Goods for 30 days from the moment the Buyer receives the Goods. In the case of seasonal Goods, the warranty starts from the beginning of the season.
10.2. The warranty is terminated if the Buyer used the Goods in violation of the rules of use or storage for this type of Goods, as well as in other cases provided by applicable law and this Agreement.
10.3. The warranty for the Goods is also terminated in case of violation of care rules for embroidered products, which are provided to the Buyer together with the purchased Goods.
10.4. To preserve the quality of embroidered products (Goods), the following care rules must be followed:
– only hand washing at a temperature of 30 degrees should be performed;
– do not wring out (twist) the Goods after washing, only press and shake;
– do not use bleaching agents for washing or cleaning the Goods;
– dry the Goods in the shade;
– iron the Goods at medium temperature.
10.5. The quality of the delivered Goods must comply with the established standards and requirements set for this type of product.
10.6. The color may not significantly differ from the color in the picture/photo.
10.7. The actual Goods may differ within reasonable limits from the photo/picture.
10.8. The Goods are supplied in packaging according to the manufacturer’s requirements and/or state standards, technical conditions (or by agreement of the parties).
10.9. Custom-made Goods are not included in the list of Goods of proper quality subject to exchange and return. This means that if the Buyer ordered Goods that are custom-made and they did not fit for some reason, according to the Law of Ukraine “On Consumer Rights Protection,” it is impossible to return such Goods to the Seller.
10.10. The Seller guarantees the quality of the Goods but cannot guarantee the quality of the delivery service. Therefore, if damage to the Goods that coincides with damage to the packaging is detected by the Buyer upon receipt of the Goods, all claims regarding this Goods (or its part) are made by the Buyer to this service, and the Goods transferred by the Seller are considered to be Goods of proper quality.
11.1. Before placing an order, the Buyer must familiarize themselves with the detailed description and characteristics of the product, if necessary, clarify the sizes, specifications of the product, and delivery details with the Seller.
11.2. The Buyer has the right to exchange a product of proper quality for a similar one from the Seller from whom it was purchased if the product did not satisfy them in terms of shape, dimensions, style, color, size, or for other reasons cannot be used for its intended purpose, except in cases provided for by this Agreement and applicable law.
11.3. The Buyer has the right to exchange a product of proper quality within fourteen days, excluding the day of purchase.
11.4. The Buyer is obliged to indicate the reason for the exchange or return of the product.
11.5. A product of proper quality is subject to exchange if the following conditions are met:
– the product did not satisfy the buyer in terms of shape, dimensions, style, color, size, or for other reasons cannot be used for its intended purpose;
– the product has not been used, and if its appearance, consumer properties, seals, labels, etc., have been preserved;
– the buyer has kept the payment document issued to them together with the sold product or sent to their email or other internet communication means, or reproduced on the display of the cash register program recorder a payment transaction or QR code that allows it to be read and identified with the payment document by its data structure.
11.6. If at the time of exchange there is no similar product available for the Buyer to use for its intended purpose, the Buyer has the right to:
– purchase any other products from the available range with a corresponding recalculation of the cost;
– terminate this Agreement and return the product to the Seller and demand a refund from the Seller of the amount paid in the amount of the value of the returned product;
– exchange the product for a similar one upon the first arrival of the corresponding product for sale.
The Seller is obliged to notify the Buyer who requests the exchange of goods about the receipt of the goods for sale.
11.7. Upon termination of the Agreement, settlements with the Buyer shall be made on the basis of the value of the goods at the time of purchase. The money paid for the goods shall be refunded on the day of termination of the Agreement, and if it is impossible to return the money on the day of termination of the Agreement, at another time as agreed by the parties, but not later than within seven days, provided that the Buyer is present at the place of sale of the goods or provides bank details for the refund.
11.8. The goods may be exchanged or returned to the Seller directly at the place of sale or through delivery services. In case of return or exchange of the goods, the Buyer shall pay for the delivery.
11.9. Not subject to return or exchange:
– goods made to order (including, but not limited to: personalised products with embroidered initials, names, dates or other inscriptions; products that are not serialised, namely, products of a different model, size or made with a different decoration, shape or colour of embroidery than the basic models posted on the Seller’s website or storefront; candles with decorative elements);
– goods intended for infants under the age of 1 year (nappies, bibs, etc.);
– bed and underwear;
– perfumery and cosmetic products (scented candles, etc.);
– other goods that are not subject to return in accordance with the law.
12.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in accordance with the current legislation of Ukraine.
12.2. In case of violation of payment terms, the Buyer shall pay the Seller a penalty of 0.5% of the overdue amount for each day of delay in payment, but not exceeding 50% of the total order amount.
12.3. In case of violation of delivery terms, the Seller shall pay the Buyer a penalty of 0.2% of the amount of the undelivered Goods for each day of delay, but not exceeding 20% of the amount of the undelivered Goods.
12.4. The Buyer bears full responsibility to the Seller and third parties for the breach of the terms of receiving the Goods.
12.5. The Parties mutually confirm and guarantee that at the time of concluding this Agreement, they are not restricted in any way in their right to conclude and perform similar agreements.
12.6. The Parties shall not be liable for non-performance of the terms of this Agreement in case of force majeure circumstances and/or if it occurred due to actions and circumstances of force majeure, namely: earthquakes, fires, floods, other natural disasters, strikes, public disturbances, military and non-military actions, counter-terrorism operations, etc.
12.7. Confirmation of the existence and continuation of force majeure shall be an appropriate document issued by the respective chamber of commerce or other competent authority.
12.8. The Party for which it becomes impossible to perform the terms of the Agreement due to force majeure circumstances and/or the occurrence of force majeure circumstances must immediately notify the other Party.
12.9. The Seller shall not be liable for damage to the Goods if it occurred due to the fault of the courier service and/or the person who delivered the Goods. In such a case, all claims shall be made to the aforementioned persons in accordance with the terms of this Agreement.
12.10. In case of establishment or change of quarantine conditions in the territory of Ukraine, under which the Seller or its suppliers are not entitled to carry out economic activities or power outages occur at the Seller’s premises, the deadlines for manufacturing and selling the Goods shall be suspended and shall be counted from the next day after the permission is granted to the Seller or its suppliers to carry out economic activities related to the manufacture or transfer of ownership of the Goods or restoration of electricity supply. In such a case, no financial or penalty sanctions shall be imposed on the Seller for the breach of deadlines for delivering the Goods to the Buyer or performing other obligations provided for by this Agreement. The circumstances set out in this paragraph do not require confirmation by the Chamber of Commerce or other authority and shall be proven in the usual manner.
13.1. All disputes arising out of or in connection with this Agreement shall be settled by the Parties through negotiations.
13.2. In case of impossibility to settle the dispute through negotiations, it shall be referred to the court in accordance with the procedure established by the current legislation of Ukraine.
14.1 This Agreement shall be equivalent in legal effect to an agreement concluded in a simple written form.
14.2. The Buyer is obliged to provide accurate and truthful information in the amount necessary for the provision of services and/or purchase of the Goods that he receives or purchases.
14.3. Provision of inaccurate information or failure to provide the necessary information at the Seller’s request may serve as a reason for suspension of services or refusal to sell the Goods.
14.4. The Seller collects and processes the Buyers’ personal data in order to:
– fulfilment of the terms of this Agreement;
– delivery of the Goods ordered by the Buyer.
14.5. Only persons directly involved in the execution of the Order have access to the Buyer’s personal data.
14.6. The Seller undertakes to: maintain confidentiality of the Buyers’ personal data; prevent attempts of unauthorised use of the Buyers’ personal data by third parties; exclude access to the Buyers’ personal data by persons not directly related to the execution of the Order, except as provided by the current legislation of Ukraine.
14.7. In cases not provided for by this Agreement, the Parties shall be governed by the current legislation of Ukraine.
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