This Agreement is a public contract - Public Offer Agreement, i.e. by Article 633 of the Civil Code of Ukraine its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the buyer accepts the terms and conditions of ordering, payment for goods, delivery of goods.
This is an agreement between the Individual Entrepreneur Maxim Turava (online store https://khustyna.com/) (hereinafter - the "Seller") and any legal entity, individual entrepreneur or individual, user services of the online store, hereinafter referred to as the "Buyer" (hereinafter - the "Buyer"), which includes all the essential conditions for the organization of purchase and sale remotely (ie through the Internet - the store).
The terms of this Agreement regulate the relationship between Seller and Buyer and are determined by the Law of Ukraine "On Consumer Protection" № 1023-XII of 12 May 1991, Rules of retail trade in non-food products, approved by the Ministry of Economy of Ukraine № 104 of 19 April 2007. This agreement is in the nature of a public offer, is equivalent to an "oral agreement" and has proper legal force following the current legislation of Ukraine.
1. General provisions
1.1. This agreement is a public offer (following Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for the organization of purchase and sale remotely, ie through the online store.
1.2. Following Art. 642 of the Civil Code of Ukraine full and unquestionable acceptance of the terms of the public contract, ie the public offer of the online store is the fact of ordering following paragraph 4 of this Agreement and payment of the order at 100% under this agreement.
1.3. The public offer is also accepted upon registration of the Buyer on the website of the online store.
1.4. By concluding the Agreement, the Buyer confirms that he is fully acquainted with and agrees to its terms, and, if the Buyer is an individual, permits to process their personal data to fulfil the terms of this Agreement, the possibility of mutual settlements and to obtain invoices, deeds and other documents. Permission to process personal data is valid for the entire term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been informed (without additional notice) about the rights established by the Law of Ukraine "On Personal Data Protection", for the purposes of data collection. The scope of the Buyer's rights as a subject of personal data following the Law of Ukraine "On Personal Data Protection" is known and understood.
2. Terms and definitions
2.1. "Online - shop" -site of the Seller (https://khustyna.com//) created for the conclusion of retail purchase and sale agreements based on the acquaintance of the Buyer with the description of the Goods offered by the Seller in photographs, via the Internet, which excludes the possibility of the direct acquaintance of the Buyer with the Goods - a remote means of selling the goods.
2.2. "Goods" - a list of names of the range presented in the online store.
2.3. "Personal data" - any information that directly or indirectly relates to a specific person or to an identified person.
3. Contract Subject
3.1. The Online Store undertakes to transfer ownership of the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods under the terms of this Agreement.
3.2. This agreement regulates the purchase and sale in the online store, including:
a) voluntary choice by the Buyer of goods in the online store;
b) self-execution by the Buyer of the order on the website in the online store;
c) placing an order by the Buyer or by telephone;
d) payment by the Buyer of the order placed in the online store;
e) execution and transfer of the order to the Buyer under the terms of this Agreement.
4. The order of registration of the order
4.1. The buyer places his order online in the online store or by telephone via the contacts specified in the online store.
5. Cost and procedure for payment for goods
5.1. The full cost of the goods is indicated on the pages of the Seller's online store.
5.2. Prices for goods and services may vary depending on market conditions, which is reflected in the prices in the online store. The Seller may not change the price for a particular Buyer if he has already accepted the terms of the Seller and made in the manner prescribed by this agreement payment for the Goods (services).
5.3. The buyer pays for the order (in the amount of 100% subscription) using the system https://fondy.ua/.
6. Order delivery
6.1. Shipment of goods to the Buyer occurs after receipt of 100% payment from the Buyer.
6.2. The Buyer receives the Goods through the delivery of the transport company.
6.3. Delivery and return of goods is performed by the Seller or the transport company (carrier) at the expense of the Buyer.
6.4. The cost of delivery in the online store is not specified, as it depends on the current tariffs of the transport company (carrier).
6.5. The seller is not responsible for the delivery time of the order, because they depend on the actions of third parties (carriers).
6.6. Delivery payment is made by the Buyer to the Carrier Company independently upon receipt of the goods. The exact cost of delivery is determined by the Carrier Company and is announced by the company's courier when delivering the goods to the Buyer.
7. Exchange and return of Goods
7.1 Return of the Goods is made following the return conditions specified on the Site.
7.2 The Buyer has the right to refuse the received Goods and terminates the Sales Agreement following the Law of Ukraine "On Consumer Protection" within 14 calendar days. Return or exchange the goods within the period established by the Law of Ukraine "On Consumer Protection". The returned goods must be accompanied by a completed application for the return of the Goods with the reason for return. Shipping of Goods is carried out at the expense of the Buyer.
7.3 Return of Goods of Proper Quality:
7.3.1 Return of the Goods of proper quality is possible within 14 calendar days from the date of receipt, provided that the Goods were not in use, and were preserved: their appearance, consumer properties, affixed labels, labels, labels and tags, as well as the availability of factory packaging. It is not allowed to apply inscriptions, addresses, etc. on the packaging.
7.3.2 In case of the Buyer's refusal of the Goods following clause 7.3.1. The Seller shall return the value of the Goods to him within 7 (seven) days from the date of receipt of the Goods. Reimbursement of the value of the Goods is made exclusively to the person specified in the form of the Order for the Goods. Refunds are made by transferring funds to the Buyer's card, based on the value of the goods at the time of purchase. Only the cost of the goods is returned to the buyer. The cost of sending the return is paid by the Buyer.
7.4 Return of Goods of Improper Quality:
7.4.1 Under the Goods of improper quality means the goods which cannot provide the performance of the functional qualities. The difference between the elements of design, colour or design from those stated in the description on the Site is not a sign of the improper quality of the Goods and/or the inability to use them for their intended purpose.
7.4.2 After receiving the Order claims for external defects of the Goods, their quantity, completeness and appearance are not accepted.
7.4.3 If the Goods of improper quality have been transferred to the Buyer, the Buyer has the right to demand a refund following the Law of Ukraine "On Consumer Protection".
7.4.4 The Seller is not responsible for defects of the Goods that arose after its transfer to the Buyer as a result of violation by the Buyer of the rules of use or storage of the Goods, actions of third parties or force majeure.
7.4.6 If the reason for the return is an error of the employee of the Online Store, the Buyer is refunded the full cost of the order. The employee of the Online Store also pays for the return shipping of the goods. An error of an employee of the Online Store means: sending another model; sending another size; colour mismatch of the photo model. This does not take into account the mismatch of the shade of the same colour, due to the fact that on different image display devices, the same image may look different.
8. Rights and obligations of the parties
8.1. The buyer must:
a) get acquainted with the information about the Goods, which is posted on the Seller's website;
b) place an order on the website or by telephone in the online store;
c) timely pay and receive an order from the Carrier under the terms of this agreement;
d) upon receipt of the goods from the carrier to make sure of its integrity and completeness by inspecting the contents of the package. In case of damage and incomplete equipment - to record them in the act, which together with the Buyer must be signed by an employee of the carrier.
8.2. The buyer has the right to require the online store to comply with the terms of this agreement.
8.3. Online store must:
a) comply with the terms of this agreement;
b) transfer the goods to the Buyer following the selected sample, placed in the online store, the order and the terms of this agreement;
c) the online store is not liable, can not act as a defendant in court and does not reimburse damages incurred by the Buyer due to the action or inaction of third parties.
8.4. Online store has the right to:
a) unilaterally suspend the provision of services under this Agreement in the event of breach by the Buyer of the terms of this Agreement.
9. Procedure for acceptance of goods by the Buyer
9.1. Upon receipt of the Goods at the carrier's warehouse, from the courier or the Seller, the Buyer is obliged to check the external integrity of the package, then open it and directly verify the proper external condition of the Goods (no mechanical damage) and its completeness.
9.2. In case of at least one of the listed defects, the Buyer is obliged to fix it in the drawn-up act of any form. The deed must be signed by the Buyer and the employee of the carrier or Seller. If possible, defects should be recorded by means of photography or video. Within 1 (one) day, the Buyer is obliged to notify the manager (representative of the Seller responsible for ordering the Goods) of the identified defects and agree to replace the Goods, filling out a complaint form for the return of the Goods.
9.3. The Parties agree that in case of non-compliance with the mandatory requirements of this procedure, the Buyer is deemed to have received the Goods in good condition - without any mechanical damage and in full.
10. Term of this agreement
9.1. This agreement comes into force from the date of ordering or registration in the online store https://khustyna.com/and is valid until all the terms of the agreement.
11. Other conditions
11.1. The online store reserves the right to unilaterally amend this Agreement with its prior publication on the website https://khustyna.com/.
11.2. Internet - a store created to organize a remote way of selling goods over the Internet.
11.3. The online store is not responsible for the content and veracity of the information provided by the Buyer when placing an order.
11.4. The buyer is responsible for the accuracy of the information specified in the order.
11.5. Payment by the Buyer for the order placed in the Online Store means the Buyer's full consent to the terms of the Purchase Agreement (public offer of the Online Store) and is the date of the Purchase Agreement between the Seller and the Buyer. 11.6. The use of the Internet - store resource to view the goods, as well as to place an order is free of charge for the Buyer.
11.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the online store (sending a message to the Buyer about the execution of the order, sending advertising messages, etc.).
11.8. By own consent of this Agreement or registration on the website https://khustyna.com/ (filling in the registration form) the Buyer voluntarily agrees to the collection and processing of personal data in the registered database of the Seller "Counterparties" for the following purpose: data known to the Seller will be used for commercial purposes, including for the processing of purchase orders, receipt of order information, sending telecommunications (e-mail, mobile) advertising and special offers, information about promotions, raffles or any other information For this paragraph, the Seller has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send sms-messages, make calls to the telephone number specified in the questionnaire.
11.9. The Buyer gives the Seller the right to process his personal data, including: place personal data in the Buyer's database (without additional notice of the Participant), to carry out lifelong data storage, accumulation, update, change (as needed). The Buyer undertakes to protect data from unauthorized access by third parties, not to disseminate or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for these objectives, as well as at the request of the competent state authority).
11.10. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller, writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.