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Physical person-entrepreneur Romanov Yulia Viktorovna (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 appropriate 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 co-operation set out in this Agreement.
1.1 In this Contract the terms are used in the following meanings:
– Public Contract – a sales contract that establishes for all Buyers, except those who are granted privileges under the laws of Ukraine, the same conditions for the purchase of the Goods on the terms of a 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 for the purpose of conclusion of 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, formalised in one of the following ways:
– 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 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 the 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 concluding this Agreement, the Buyer confirms that he/she is familiar with the information about the Goods sold under the terms of this Agreement, namely its shape, dimensions, appearance, design, colour, size, quality, characteristics of the material from which the Goods are made, as well as information about its manufacturer, is aware of such characteristics of the Goods and their significance, and agrees to purchase such Goods with such characteristics.
1.5 Upon the Buyer’s written request, the Seller shall draw up a contract with signatures of the parties.
1.6 The Buyer independently and at its own request may place an order on the Website and/or place an order by contacting the Seller by telephone, 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 customised or available at the Seller’s premises to the Buyer in the manner and on the terms 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 deliver 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 the Buyer violates 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 and conditions 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 usual reasonable safety measures established for Goods of this kind.
4.2 The Buyer has the right to:
– demand from the Seller to fulfil its obligations.
The Buyer shall have other rights and obligations stipulated by the current legislation of Ukraine and this Contract.
5.1 The time of manufacture 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 is obliged to 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 corresponding Act in the presence of the Seller (its authorised representative) and/or delivery service representative upon receipt of the Goods and make 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 date of acceptance of the Goods, formalised in the above-mentioned manner.
5.7 In case the Buyer discovers defects in the Goods, the Buyer is entitled to: a proportional reduction in the price of the Goods; free elimination of defects in the Goods within a reasonable period of time; reimbursement of the costs of elimination of defects in the Goods. If defects are detected 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 regarding the quantity and completeness of the Goods submitted by the Buyer in violation of the conditions and procedure for their submission stipulated by this Agreement shall be considered groundless and shall not be subject to satisfaction. In case of detection of non-compliance of the delivered Goods with the quality requirements established by the current legislation for such type of Goods, upon acceptance of the Goods, the Buyer shall be entitled 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 ones, replace the damaged Goods, complete the incomplete Goods for 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 shall be 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 are 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 may 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 Agreement and agreement 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 the breach or non-fulfilment of this Agreement, the deposit shall remain with the Seller. If the Seller is at fault for the breach or non-fulfilment of this Agreement, the Seller shall return the deposit to the Buyer and pay an additional amount equal to 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 before the beginning of the Order execution or due to the impossibility to fulfil the Order, the deposit shall be returned.
9.5 The Buyer’s obligation to pay the price of the Goods shall be deemed fulfilled from the moment the relevant funds are credited to the Seller’s current account or from the moment the Seller receives the 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 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 clause 10.4. of this Agreement and provided to the Buyer together with the purchased Goods.
10.4 To maintain the quality of the embroidered items (Goods) it is necessary to observe the following rules of care:
– to carry out only hand washing at a temperature of 30 degrees centigrade;
-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 must meet the established standards and requirements set for this type of products.
10.4 The colour may not differ significantly from the colour in the picture/photo.
10.5 The Goods may differ from the photo/drawing within reasonable limits.
10.6 The Goods shall be dispatched in containers (packaging) in accordance with the manufacturer’s requirements 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 custom-made 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 is found to coincide with the damage to the packaging, then all claims regarding the Goods (or any part thereof) shall be made by the Buyer to this service, and the Goods transferred shall be deemed to be Goods of proper quality.
11.1 Before ordering, the Buyer shall familiarise himself with the detailed description and characteristics of the goods, if necessary, clarify the dimensions, specification of the goods and delivery details with the Seller.
11.2 The Buyer shall have 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 in terms of shape, dimensions, style, colour, size or for other reasons cannot 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 goods 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 goods.
11.5 Goods of proper quality are subject to exchange if the following conditions are met:
11.6 If, at the time of exchange, similar goods that can be used by the Buyer for its intended purpose are not available, the Buyer has the right to:
– to purchase any other goods from the available range of goods 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 cancellation 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 refunded on the day of cancellation of the Contract, and if it is impossible to return the money on the day of cancellation of the Contract – 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 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: personalised items with embroidered initials, names, dates or other inscriptions; items that are not serialised, namely – goods of a different model, size or made with a different finish, shape or colour of embroidery than the basic models posted on the Seller’s website or storefront, candles with decorative elements);
– goods designed for babies under 1 year of age (nappies, rump, etc.);
– bed and body linen
– perfumery and cosmetic products (scented candles, etc.);
– other goods not subject to return according to the legislation.
12.1 For failure to fulfil or improper fulfilment of the terms and conditions of this Agreement the Parties shall be liable in accordance with the current legislation of Ukraine.
12.2 For violation of payment terms the Buyer shall pay to the Seller a penalty at the rate of 0.5% of the overdue amount for each day of delay in payment, but not more than 50% of the total amount of the order.
12.3 The Seller shall pay to the Buyer a penalty at the rate of 0.2% of the amount of the undelivered Goods for each day of delay, but not more than 20% of the amount of the undelivered Goods.
12.4 The Buyer shall be fully liable to the Seller and third parties for violation of the terms of receipt of the Goods.
12.5. The Parties mutually confirm and guarantee that at the moment of conclusion of this Contract they together and each separately are not limited in any way in their right to conclude and fulfil such contracts.
12.6 The Parties shall not be liable for failure to fulfil the terms and conditions of this Agreement in case of force majeure and/or if it occurred as a result of acts and circumstances of insuperable force, namely: earthquake, fire, flood, other natural disasters, strikes, public disturbances, military and non-military actions, anti-terrorist operations, etc.
12.7 The existence and continuation of the force majeure is confirmed by an appropriate document issued by the relevant chamber of commerce or other competent authority.
12.8 The Party for whom it has become impossible to fulfil the terms and conditions of the Contract as a result of force majeure and/or occurrence of actions and circumstances of insuperable force shall immediately notify the other Party.
12.9 The Seller shall not be liable for damage to the Goods if it is caused by the courier service or/and the person who delivered the Goods. In this case, all claims shall be made to the above mentioned persons subject to the terms and conditions of this Agreement.
12.10. In case of establishment or change of quarantine conditions on the territory of Ukraine, under the terms of which the Seller or its suppliers are not allowed to carry out economic activities or disconnection of electricity supply to the Seller, the terms of manufacture and sale of the Goods shall be stopped and shall be taken into account from the day following the day after granting the permission to carry out economic activities of the Seller or its suppliers, which is related to manufacture or transfer of the Goods or switching on of electricity. In such event, the Seller shall not be subject to any financial or penalties for failure to meet the deadlines for the transfer of the Goods to the Buyer or fulfil other obligations under this Agreement. The circumstances set out in this clause do not require confirmation by a chamber of commerce or other authority, but shall be subject to proof in a general manner.
13.1 All disputes arising out of or in connection with this Agreement, the Parties shall endeavour to resolve by negotiation.
13.2 In case of impossibility to settle the dispute through negotiations, it shall be submitted for consideration to the court in accordance with the procedure established by the current legislation of Ukraine.
14.1 This Contract shall be equal in legal effect to a contract concluded in a simple written form.
14.2 The Buyer is obliged to provide accurate and truthful information in the quantity necessary for the provision of the services and/or the purchase of the goods he receives or buys.
14.3 The provision of inaccurate information or failure to provide the necessary information at the Seller’s request may be a reason for suspension of services or refusal to sell the Goods.
14.4 The Seller shall collect and process the Buyers’ personal data for the purposes of:
– fulfilment of the terms and conditions of this Agreement;
– delivery to the Buyer 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 involved in the execution of the Order, except as provided for by the current legislation of Ukraine.
14.7 In cases not stipulated by this Agreement, the Parties shall be guided by the current legislation of Ukraine.
Physical person-entrepreneur Romanov Yulia Viktorovna (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 appropriate 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’s ordering the Goods or services, verbally (by phone or in the shop, office) or in writing (through the website, e-mail or in any other manner provided for in this Agreement), according to Article 642 of the Civil Code of Ukraine, is a full and unconditional acceptance of the terms and conditions of this Agreement and the information provided on the Website, as well as the consent of the Buyer using the services or buying the Goods, with the rules, terms, restrictions and other terms of co-operation set out in this Agreement.
Individual entrepreneur Romaniv Yulia Viktorivna (date of state registration: 24.07.2013, number of the state registration record: 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 Site).
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:
– Public Agreement – a purchase and sale agreement that establishes for all Buyers, except for those who are granted privileges in accordance with the legislation of Ukraine, the same conditions for the purchase of the Goods on the terms of a public offer from the moment of its acceptance by the Buyers.
– Offer means a public offer of the Seller addressed to any individual and/or legal entity in order to conclude this Agreement on the existing terms and conditions specified in the Agreement.
– Acceptance means full and unconditional acceptance by the Buyer of the Seller’s offer to purchase the Goods by ordering them and giving the Buyer full and unconditional consent to the Seller to conclude this Public Agreement, which is executed in one of the following ways:
From the moment the Seller receives the Order for the Goods from the Buyer, this Agreement is considered concluded.
– Goods – a trade item (product, model, accessory, components and accompanying items or any other trade items), the offer to purchase which is posted on the Seller’s Website “m-sonechko.com”, but is not limited to the Website and may be posted on any other Internet resources, on paper or in any other manner not prohibited by law.
– The Buyer is any legally capable individual who intends to purchase the Goods and has entered into a contractual relationship with the Seller on the terms specified in the Agreement.
– Seller – individual entrepreneur Yulia Viktorivna Romaniv.
– Order – a duly executed oral or written application of the Buyer for the purchase of the 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, either independently or in another way proposed by the Seller, is an unconditional acceptance of the terms of this Agreement, and the Buyer further acts as a person who has entered into a contractual relationship with the Seller. The Buyer shall be obliged to read the terms of this Agreement independently, and the Seller shall not be obliged to additionally or in any other way inform the Buyer 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 read 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 Goods, the terms of delivery and return of the Goods and payment of the cost of 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 he is familiar with the information about the Goods sold under the terms of this Agreement, namely, its shape, dimensions, appearance, design, colour, size, quality, characteristics of the material from which the Goods are made, as well as information about its 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 execute an agreement with the signatures of the parties.
1.6. The Buyer may place an order on the Website independently and at its own discretion 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 to it.
1.7. The Public Agreement shall enter into force from the moment it is posted by the Seller on the Website.
2.1. The Seller, in accordance with the procedure and on the terms specified in this Agreement, undertakes to transfer the ownership of the Goods made to order or available from the Seller to the Buyer, and the Buyer undertakes to accept and pay for them.
3.1. The Seller undertakes to:
– fulfil the terms of the Agreement;
– manufacture and deliver the Goods to the Buyer in accordance with his order, taking into account the characteristics of the Goods;
– not to disclose any private information of the Buyer and not to provide access to this information to third parties, except as provided by the current legislation of Ukraine.
3.2. The Seller has the right to:
– to unilaterally refuse to fulfil the terms of the Agreement in case of violation of its obligations by the Buyer;
– unilaterally transfer its rights and obligations to fulfil the Orders to third parties;
– in order to improve the quality of service, record orders placed by telephone.
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:
– to properly read the content of the Agreement, terms of payment and delivery;
– timely pay for and accept the Goods in accordance with the terms of this Agreement;
– check the quality, completeness, colour, size, quantity, range and other characteristics of the Goods at the time of acceptance;
– carefully read the operating instructions before using the Goods;
– in case of need for clarification of the terms and conditions of use of the Goods – before using the Goods, contact the Seller (manufacturer) or other person performing their functions for clarification;
– use the Goods in accordance with its intended purpose and comply with the conditions (requirements, norms, rules) established by the manufacturer of the Goods (the Seller);
– comply with the usual reasonable security measures established for the Goods of this kind.
4.2. The Buyer has the right to:
– demand that the Seller fulfil its obligations.
The Buyer shall also have other rights and obligations provided for by the current legislation of Ukraine and this Agreement.
5.1. The production period is the date of notification by the Seller to 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 negotiated personally for each batch of Goods separately when placing an order.
5.3. After the date of notification by the Seller of 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 time of delivery of the Goods to the delivery service, carrier for delivery to the Buyer.
5.5. Upon receipt of the Goods, the Buyer shall be obliged to check the quality, completeness, colour, size, quantity, range and other characteristics of the Goods in accordance with the order.
5.6. In case the Buyer detects such defects as shortage, incompleteness, damage or destruction of the Goods or other external defects upon acceptance of the Goods, the Buyer shall draw up a relevant Act in the presence of the Seller (his authorised representative) and/or a representative of the delivery service upon receipt of the Goods and take a photo of the received Goods, which shall be attached to the Act. On the basis of the Act, the Buyer has the right to submit a corresponding claim to the Seller within 5 calendar days from the date of acceptance of the Goods executed in the above manner.
5.7. In case the Buyer discovers defects in the Goods, the Buyer has the right: to a proportional reduction in the price of the Goods; to eliminate the defects of the Goods free of charge within a reasonable time; to reimburse the costs of eliminating the defects of the Goods. If defects are detected upon receipt of the Goods, the Buyer shall return the Goods to the Seller to eliminate the defects, unless other agreements are reached between the Seller and the Buyer to eliminate the defects of the Goods sold.
5.8. All the Buyer’s claims regarding the quantity and completeness of the Goods, stated by the Buyer in violation of the conditions and procedure for their presentation provided for in 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 this type of Goods, upon acceptance of the Goods, the Buyer shall have the right to demand from the Seller to replace the delivered Goods with similar ones of proper quality or to eliminate the identified defects.
5.9. In case of defects in the delivered Goods in accordance with the procedure established by this Agreement and the current legislation of Ukraine, the Seller shall accept the defective Goods returned by the Buyer and replace them with quality ones, replace the damaged Goods, complete the incomplete Goods in the amount of the identified shortage, or recalculate the total cost of the relevant 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. For the period of elimination of defects, penalties for delay are not charged.
6.1. The Goods may be received by the Buyer directly at the place of sale at the address: Lviv, 36A Dorobok St. or delivered to the Buyer with the involvement of third parties.
6.2. Delivery of the Goods shall be carried out by courier service or with the involvement of other third parties providing transportation and delivery services at the expense of the Buyer (Nova Poshta, Ukrposhta, Mist Express, etc.). The delivery service or other persons delivering the Goods shall be responsible for the safety of the Goods until they are transferred to the Buyer, and the Buyer shall bear all risks of damage to the Goods. In this case, the Seller shall not be liable for damage to the Goods after their transfer 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 of delivery of 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 order.
9.2. The final price is formed in accordance with all the terms of the order by the Buyer.
9.3. Payment for the Goods may be made:
9.3.1. in the form of a prepayment in the amount of 100% of the value of the Goods at the time of conclusion of this Agreement and approval of the Order;
9.3.2. by paying a deposit at the time of conclusion of this Agreement and approval of the Order, in an individually determined amount agreed by the Parties and cash on delivery, by paying the cost of the Goods upon receipt of the Goods from the courier service or other person providing services for the delivery of the Goods to the Buyer, minus the amount of the deposit.
9.4. If the breach or non-fulfilment of the terms of this Agreement is due to the Buyer’s fault, the deposit shall remain with the Seller. If the violation or failure to comply with the terms of this Agreement is the fault of the Seller, he shall return the deposit to the Buyer and additionally pay an amount equal to the deposit or its value. The party guilty of violation of the terms of this Agreement shall reimburse the other party for losses in the amount exceeding the amount of the deposit. In case of termination of this Agreement before the start of the Order execution or due to the impossibility of the Order execution, the deposit shall be refunded.
9.5. The Buyer’s obligation to pay the cost of the Goods shall be deemed fulfilled from the moment the relevant funds are credited to the Seller’s account or from the moment the Seller receives payment in cash.
9.6. Before the 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 provides a warranty for the Goods for 30 days from the date of receipt of the Goods by the Buyer. In the case of the sale of seasonal Goods, the warranty starts from the beginning of the season.
10.2. The warranty shall be 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 provided for by applicable law and this Agreement.
10.3. The warranty for the Goods shall also be terminated in cases of violation of the rules for the care of embroidered products set out in clause 10.4. of this Agreement and provided to the Buyer together with the purchased Goods.
10.4. To maintain the quality of embroidered products (Goods), the following care rules must be followed:
– only hand wash at a temperature of 30 degrees;
-do not twist (twist) the Goods after washing, but only press and strip;
-do not use bleaching agents for washing or cleaning the Goods;
– dry the Goods in the shade;
– iron the Product at an average temperature.
10.3. The quality of the transferred Goods shall comply with the established standards and requirements established for this type of product.
10.4. The colour may not differ significantly from the colour in the picture/photo.
10.5. The Goods in real life may differ from the photo/drawing within reasonable limits.
10.6. The Goods are released in containers (packaging) in accordance with the requirements of the manufacturer and/or state standards, specifications (or as agreed by the parties).
10.7. Custom-made Goods are not included in the list of Goods of good quality subject to exchange and return. This means that if the Buyer has ordered the Goods that are made to order and they do not fit for any reason, then in accordance with the Law of Ukraine “On Consumer Protection”, it is impossible to return the Goods to the Seller.
10.8. The Seller guarantees the quality of the Goods, but cannot guarantee the quality of the delivery service. Therefore, if upon receipt of the Goods the Buyer finds damage to the Goods that coincides with damage to the packaging, the Buyer shall submit all claims regarding this Goods (or part thereof) to this service, and the Goods delivered by the Seller shall be considered Goods of proper quality.
11.1. Before placing an order, the Buyer must read the detailed description and characteristics of the goods, if necessary, clarify the dimensions, product specifications and delivery details with the Seller.
11.2. The Buyer has the right to exchange the goods of good quality for a similar one from the Seller from whom it was purchased if the goods do not satisfy him in terms of shape, size, style, colour, size or for other reasons cannot be used for their intended purpose, except as provided for in this Agreement and applicable law.
11.3. The Buyer has the right to exchange goods of good 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 the goods.
11.5. Goods of good quality are subject to exchange if the following conditions are met:
11.6. If at the time of the exchange a similar product that can be used by the Buyer for its intended purpose is not on sale, the Buyer has the right to
– purchase any other goods from the available assortment with the corresponding recalculation of the cost;
– terminate this Agreement and return the goods to the Seller and demand that the Seller refunds the money paid in the amount of the value of the returned goods;
– exchange the goods for a similar one at the first receipt of the relevant goods 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.ніше ніж протягом семи днів, за умови присутності Покупця у місці продажу товару або надання ним банківських реквізитів для повернення коштів.
11.8. The goods can 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 pays 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-fulfilment or improper fulfilment of the terms of this Agreement in accordance with the current legislation of Ukraine.
12.2. For violation of the payment terms, the Buyer shall pay the Seller a penalty in the amount of 0.5% of the overdue amount for each day of delay in payment, but not more than 50% of the total order amount.
12.3. For violation of the terms of transfer of the Goods, 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 more than 20% of the amount of the undelivered Goods.
12.4. The Buyer is fully liable to the Seller and third parties for violation of the terms of receipt of the Goods.
12.5. The Parties mutually confirm and warrant that at the time of the conclusion of this Agreement, they, together and individually, are not limited in any way in the right to enter into and perform similar agreements.
12.6. The Parties shall not be liable for failure to comply with the terms of this Agreement in the event of force majeure and/or if it occurred as a result of actions and circumstances of force majeure, namely: earthquake, fire, flood, other natural disasters, strikes, civil unrest, military and non-military actions, anti-terrorist operations, etc.
12.7. The existence and continuation of force majeure shall be confirmed by a relevant document issued by the relevant chamber of commerce or other competent authority.
12.8. The party for which it has become impossible to fulfil the terms of the Agreement as a result of force majeure 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 through the fault of the courier service and/or the person who delivered the Goods. In this case, all claims shall be made to the above persons subject to the terms of this Agreement.
12.10. In the event of the establishment or change of quarantine conditions on the territory of Ukraine, under which the Seller or its suppliers are not entitled to conduct business activities or the power supply to the Seller is cut off, the terms of manufacture and sale of the Goods shall be suspended and shall be recorded from the day after the permission to conduct business activities of the Seller or its suppliers related to the manufacture or transfer of ownership of the Goods or the power supply is granted. In this case, the Seller shall not be subject to any financial or penalty sanctions for violation of the terms of transfer of the Goods to the Buyer or fulfilment of other obligations under this Agreement. The circumstances set forth in this clause do not require confirmation by the Chamber of Commerce or other body, but are subject to proof in the general 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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