Public offer contract

Definition of terms:

SP “Kabanova E.F.” – SOLE PROPRIETOR “Kabanova Erika Fedorivna”,
EDRPOU code 2162917724, e-mail: support@en.varenykyfashion.ua

The site is a website located on the Internet at the address: http://en.varenykyfashion.ua (http://varenykyfashion.ua), including all its web pages.
A Site Visitor is a natural person who visited the site http://en.varenykyfashion.ua  (http://varenykyfashion.ua) without the purpose of placing an Order.
The user is a natural person, a visitor to the Site, who accepts the terms of the agreement and wishes to place an Order on the site http://en.varenykyfashion.com.ua (http://varenykyfashion.ua)
Buyer – User who placed an Order on the website http://en.varenykyfashion.ua (http://varenykyfashion.ua) and paid for it.
Seller – FOP “Kabanova E.F.”
Online store – an Internet site located on the Internet at the address http://en.varenykyfashion.ua (http://varenykyfashion.com.ua), which presents the Goods offered by the Seller for purchase, as well as the terms of payment and delivery of the goods to the buyer.
Website – http://en.varenykyfashion.ua (http://varenykyfashion.ua)
The product is clothing presented for sale on the Seller’s website.
Order – a properly executed request of the Buyer for the purchase and delivery to the address specified by the Buyer of the Goods selected on the Site.

1. General provisions

1.1. The seller sells Goods through the Internet store at the address http://varenykyfashion.com.ua.
1.2. By ordering Goods through the online store, the User agrees to the terms of sale of Goods set out below (hereinafter – Terms of sale of goods). In case of disagreement, the User must immediately stop using the service and leave the site http://varenykyfashion.com.ua.
1.3. These Terms of sale of goods, as well as information about the goods presented on the Site, is a public offer in accordance with Art. 633 of the Civil Code of Ukraine.
1.4. The actual conditions may be changed by the Seller unilaterally without notice to the User / Buyer. The new version of the Terms comes into force from the moment of its publication on the Site, unless otherwise provided.
1.5. The Agreement (hereinafter – the Agreement) enters into force from the moment the Seller sends the Buyer an electronic confirmation of acceptance of the Order when the Buyer places an Order without authorization on the Site, as well as from the moment the Buyer accepts the Order by phone (063) 337-29-39
The contract for the retail sale of the Goods is considered to have been concluded from the moment the Seller issues a receipt or merchandise receipt or other document confirming payment for the goods to the Buyer.
By notifying the Seller of his e-mail and phone number, the Site Visitor / User / Buyer consents to the use of the specified means of communication by the Seller, as well as by third parties engaged by him for the purposes of fulfilling obligations to Site Visitors / Users / Buyers, with for the purpose of advertising and informational mailings.

2. Subject of the agreement

2.1. The subject of the Agreement is to provide the User with the opportunity to obtain for personal, family, home and other needs, not related to the implementation of business activities, the Goods presented in the catalog of the Internet store at the address http://varenykyfashion.com.ua
2.2. This Agreement applies to all types of goods and services presented on the site, as long as such Offers with a Description are Present in the catalog of the Internet store.

3. Product and order of purchase

3.1. The Seller ensures that the Goods presented on the Site are available in his warehouse. The photos accompanying the Product are simple illustrations of it and may differ from the actual appearance of the Product. Accompanying Product description/characteristics do not claim to be comprehensive and may contain typographical errors. To clarify information on the Product, the Buyer should contact the Customer Support Service at the address: customercare@varenykyfashion.com
3.2. If the Goods ordered by the Buyer are not in the Seller’s warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer’s Order by notifying the Buyer of this by sending an appropriate electronic message to the address specified by the Buyer during registration (or by calling the sales manager).
3.3. The Buyer bears full responsibility for providing incorrect information, which resulted in the inability of the Seller to properly fulfill its obligations to the Buyer.
3.4. After placing the Order on the Website, the Buyer is provided with information about the estimated delivery date by sending an electronic message to the address specified by the Buyer during registration, or by phone. The manager servicing this Order clarifies the details of the Order, agrees on the delivery date, which depends on the availability of the ordered Goods in stock and the time required to process and deliver the Order.
3.5. The expected date of transfer of the Order to the Delivery Service is notified to the Buyer by the manager serving the Order by e-mail or during a follow-up call to the Buyer.
The date of delivery of the Goods may be changed by the Seller unilaterally in case of objective reasons, in the opinion of the Seller.

4. Payment of goods

4.1. The amount of the order is paid in hryvnias.
4.1.1. The amount of the order consists of the cost of the ordered goods and the cost of delivery of the goods.
4.2. The price of the Product is indicated on the Site. In the case of an incorrect indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about this in order to confirm the Order at the corrected price, or cancel the Order, in the absence of communication with the Buyer – this Order is considered cancelled.
4.3. The price of the Product on the Site can be changed unilaterally by the Seller. At the same time, the price of the Goods ordered by the Buyer cannot be changed.
4.4. The buyer pays for the goods by choosing one of the payment methods specified on the website when placing an order.
4.5. The seller has the right to provide discounts on the Goods and establish a bonus program. The types of discounts, bonuses, the procedure and terms of accrual are indicated on the Site and may be changed by the Seller unilaterally.

5. Return of goods and funds

5.1. Goods are returned in accordance with the “Return Terms”.
The Buyer has the right to refuse the received Goods and terminate the Sales Agreement within 14 calendar days from the day of receipt of the Goods, excluding the day of purchase, except for goods that cannot be exchanged and returned in accordance with clause 7.2.4. of this Agreement.
The product can be returned only in perfect condition. All conditions can be negotiated with the manager by phone: (063) 337-29-39.
5.2. Return of goods of proper quality.
5.2.1. The return of the Goods of proper quality is possible if the goods have not been used, their appearance, consumer properties, seals, labels have been preserved, as well as the settlement document issued to the Buyer together with the sold goods has been preserved.
5.2.2. If the Buyer refuses the Goods in accordance with clause 7.2.1. The Seller shall return to him the COST of the returned Goods within 30 days from the date of receipt of the returned Goods at the Seller’s warehouse together with the return application filled out by the Buyer. Refunds for the cost of the Goods are made exclusively to the person specified in the order for the Goods, on the condition that such a person provides a copy of his/her national passport, identification code and a receipt for payment of the Goods for which the funds are refunded. In the event that the Buyer specified incorrect data in the Order, or did not provide all the documents listed above for the refund, the Seller reserves the right to refuse such Buyer a refund.
5.2.3. If, at the time of the Buyer’s application, the Seller does not have a similar product for sale, the Buyer has the right to refuse to perform this Agreement and demand the return of the amount paid for the specified Product. The seller is obliged to return the money paid for the returned goods within 30 days from the day of return of the goods.
5.3. Return of goods of inappropriate quality:
5.3.1. A product of inadequate quality means a product that is defective and cannot ensure the fulfillment of its functional qualities. The received Product must correspond to the description on the Site. The difference in design elements or design from those stated in the description on the Site is not a sign of poor quality or dysfunction of the Product.
5.3.2. The appearance and completeness of the Product, as well as the completeness of the entire Order, must be checked by the Recipient at the time of delivery of the Product.
5.3.3. After receiving the Order, claims for external defects of the product, its quantity, completeness and product type are not accepted.
5.3.4. If the Buyer was given Goods of inadequate quality and the other was not agreed in advance by the Seller, the Buyer has the right to use the provisions of Art. 8 “Consumer’s rights in case of purchase of goods of inadequate quality” of the Law of Ukraine “On Protection of Consumer Rights”.
5.3.5. Claims for the return of the amount of money paid for the goods must be satisfied within 30 days from the date of submission of the corresponding claim (Clause 4 of Article 12 of the Law of Ukraine “On the Protection of Consumer Rights”).
5.4. Refunds are made by refunding the cost of the paid Goods by postal or bank transfer (via PrivatBank). The method should be discussed with the sales manager, by phone: (063) 337-29-39
5.5. The Seller is not responsible for the defects of the Goods, if they arose after it was handed over to the Buyer as a result of the Buyer’s violation of the rules for using or storing the goods, actions of third parties, accidents or force majeure.

6. Liability

6.1. The Seller is not responsible for damage caused to the Buyer as a result of improper use of the Goods purchased in the online store.
6.2. The seller is not responsible for the content and functioning of external sites.

7. Confidentiality and protection of information

7.1. Personal data of the User / Buyer is processed in accordance with the Law of Ukraine dated June 1, 2010 No. 2297-VI “On the Protection of Personal Data”.
Personal data of Buyers are stored in the Seller’s database at the address of st. Kazimir Malevich, 86P, Kyiv. Personal data is collected exclusively for the purpose of complying with the requirements in the field of regulation of tax relations, relations in the field of accounting and relations in the field of advertising. The term of storage and processing of personal data is 5 years.
7.2. When registering on the Site, the User provides the following information: Surname, First Name, e-mail address, contact phone number and password for accessing the Site.
7.3. By providing his personal data when registering on the Site, the User agrees to their processing by the Seller, including for the purposes of promotion by the Seller of goods and services.
7.4. The seller uses the personal data of the User / Buyer:
to register the User on the Site;
to fulfill its obligations to the User / Buyer;
to evaluate and analyze the operation of the Site;
to determine the winner in promotions held by the Seller.
7.4.1. The Seller has the right to send informational messages, including advertising messages, to the e-mail and mobile phone of the User / Buyer with his consent. The User / Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal. Service messages informing the User / Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the User / Buyer.
7.5. The seller has the right to use “Cookies” technology. “Cookies” do not contain confidential information and are not transferred to third parties.
7.6. The seller receives information about the IP address of the visitor to the varenykyfashion.com.ua site. This information is not used to identify the visitor.
7.7. The Seller is not responsible for the information provided by the User / Buyer on the Site in a publicly available form.
7.8. The Seller has the right to record telephone conversations with the User / Buyer. At the same time, the Seller undertakes to: prevent attempts to gain unauthorized access to information received during telephone conversations and/or transfer it to third parties who are not directly related to the execution of Orders, in accordance with the Law of Ukraine dated October 2, 1992 No. 2657-XII “About information”.

8. Additional conditions

8.1. The Seller has the right to assign or in any other way transfer his rights and obligations arising from his relationship with the Buyer to third parties.
8.2. The online store and the services provided may be temporarily partially or completely unavailable due to preventative or other work or for any other technical reasons. The Seller’s technical service has the right to periodically carry out necessary preventive or other work with or without prior notice to the Buyers.
8.3. The provisions of the legislation of Ukraine apply to the relationship between the User / Buyer and the Seller.
8.4. In case of questions and complaints from the User / Buyer, he should contact the Seller by phone or in another available way. The parties will try to resolve all arising disputes through negotiations, if no agreement is reached, the dispute will be referred to a judicial body for consideration in accordance with the current legislation of Ukraine.
8.5. The court’s recognition of the invalidity of any provision of this Agreement does not entail the invalidity of other provisions.