This Agreement constitutes the Seller’s official public offer to enter into a distance contract for the sale and purchase of Goods displayed on https://tsviteteren.com/.
The Agreement is deemed concluded when the Buyer clicks the “Place Order” button on the checkout page in the “Cart” section and receives electronic order confirmation from the Seller; this constitutes full and unconditional acceptance of this public agreement and the information published on the website.
The Agreement sets out the procedure for the Seller’s sale of goods through the Online Store in accordance with Articles 633, 641 and 642 of the Civil Code of Ukraine (hereinafter the CCU), the Rules for the Sale of Goods to Order and Outside Commercial or Office Premises approved by Order No. 103 of the Ministry of Economy of Ukraine dated 19 April 2007, and the Law of Ukraine “On Electronic Commerce”. It constitutes the Seller’s public offer addressed to an indefinite number of persons, irrespective of their status, both individuals and legal entities (hereinafter the Buyer), without giving preference to any Buyer over another.
The Seller and the Buyer warrant that they possess the necessary legal capacity and capacity to act, as well as all rights and authority necessary and sufficient to conclude and perform the Agreement.
1. Definitions
1.1. Public Offer (hereinafter the “Offer”) means the Seller’s public proposal, addressed to an indefinite number of persons, to enter into a distance contract for the sale and purchase of goods with the Seller (hereinafter the “Agreement”) on the terms set out in this Offer.
1.2. Goods means the subject matter of the Parties’ transaction, selected by the Buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller by means of distance selling.
1.3. Online Store means the Seller’s website at https://tsviteteren.com/, established for entering into retail and wholesale sale and purchase contracts on the basis of the Buyer’s review, over the Internet, of the description of the Goods offered by the Seller.
1.4. Buyer means an individual with capacity to act (a Consumer within the meaning of the Law of Ukraine “On Consumer Protection”) who has reached the age of 18, receives information from the Seller and places orders to purchase Goods displayed on the Online Store website for purposes unrelated to business activities, or a legal entity or an individual entrepreneur.
1.5. Seller means INDIVIDUAL ENTREPRENEUR Ostapenko Olha Vitaliivna (identification code 3482513389), registered and operating under the applicable legislation of Ukraine, whose registered address is: Ukraine, 03049, Kyiv, 8/20 Oleksiia Shovkunenka Street, apartment 40.
2. Subject Matter of the Agreement
2.1. The Seller undertakes to transfer ownership of the selected (ordered) Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
2.2. The date of conclusion of the Offer Agreement (acceptance of the Offer), and the moment of the Buyer’s full and unequivocal acceptance of its terms, is the date on which the Buyer completes the order form, clicks the “Place Order” button on the checkout page in the “Cart” section and receives electronic order confirmation from the Seller.
3. Order Placement Procedure
3.1. The Buyer may place an Order by completing the electronic Order form on the Online Store website.
3.2. The Buyer may place an Order for any Goods displayed on the Online Store website that are in stock.
3.3. If Goods are unavailable, the Buyer may replace them with similar Goods, or decline those Goods and cancel the Order.
3.4. By placing an Order through the electronic form on the Online Store website, the Buyer confirms that they have read the terms of this Offer and undertakes to provide the Seller with all information necessary to process and fulfil the Order properly.
3.5. When placing an Order through the electronic form on the Online Store website, the Buyer undertakes to provide the following registration information:
3.5.1. Surname, first name and patronymic;
3.5.2. Contact telephone number;
3.5.3. Email address;
3.5.4. Actual delivery address;
3.5.5. Name, quantity and price of the Goods selected by the Buyer (specified in the Buyer’s Cart on the Online Store website).
And any other information specified in the registration form on the website.
3.6. The Seller is not liable for the content or accuracy of information provided by the Buyer when placing an Order.
3.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.8. The distance sale and purchase contract between the Seller and the Buyer is deemed concluded when the Buyer clicks the “Place Order” button on the checkout page in the “Cart” section of the Seller’s Online Store at https://tsviteteren.com/ and receives electronic Order confirmation from the Seller, or when the Seller issues the Buyer an electronic receipt or another document confirming payment for the Goods.
4. Price of the Goods
4.1. Prices in the Online Store are stated per unit of goods in Ukraine’s national currency (hryvnia) in accordance with the current price list.
4.2. The Seller reserves the right to change the price of goods before the Order is placed without notifying the Buyer.
4.3. The final price is the price stated by the operator when the Order is placed.
4.4. Prices displayed in the Online Store at https://tsviteteren.com/ are for information purposes.
5. Payment for the Goods
5.1. The Buyer may pay for the Goods by the following methods:
5.1.1. Advance payment of 100% of the price of the Goods using any Visa or Mastercard card. Payment is confirmed by a cash register receipt issued to the Buyer.
5.1.2. Payment in full by cash on delivery upon receipt of the Goods by courier delivery.
5.1.3. Gift Certificate (hereinafter the Certificate) means a payment method for the Goods consisting of advance payment under the Public Offer Agreement, with the option to select Goods within the relevant period. The Certificate confirms advance payment under the Public Offer Agreement. Each Certificate has a unique code. The Certificate and its unique code are valid for 1 year from acceptance of the Public Offer Agreement and payment of the advance under this clause.
The Certificate and its code serve as identifiers enabling the Seller to establish that the relevant advance payment under the Public Offer Agreement has been made.
5.1.3.1. The Buyer may authorise a third party to order and receive Goods under this Public Offer Agreement by transferring the Certificate to that party; the Certificate forms an integral part of this Agreement and confirms the Buyer’s authorisation.
5.1.3.2. The Buyer or their authorised third party may select Goods by presenting (using) the Certificate on the website (https://tsviteteren.com/) or in a TSVITE TEREN brand store.
5.1.3.3. If the Buyer or their authorised third party does not place an order to receive Goods during the validity of the Buyer’s authorisation (Certificate), the Seller may impose a penalty on the Buyer equal to 100% of the advance payment under this Agreement, to be offset against the Buyer’s 100% advance payment already made.
5.1.3.4. If the value of the order for Goods exceeds the advance payment confirmed by the Certificate under this Agreement, the Buyer or their authorised third party must pay the difference on the day the order is placed (for orders through https://tsviteteren.com/) or on the day the Goods are collected from a TSVITE TEREN brand store.
5.1.3.5. If the value of the order for Goods is less than the advance payment confirmed by the Certificate, the Buyer or their authorised third party may select Goods under this Agreement once only, after which the Certificate is deemed no longer valid. The difference between the advance payment confirmed by the Certificate and the order value is not refunded to the Buyer in cash or in any other form, cannot be used for subsequent purchases, and the Seller has no obligation to refund that difference. By placing an order, the Buyer confirms acceptance of these terms.
5.1.3.6. When the Buyer makes an advance payment under clause 5.1.3 of this Public Offer Agreement, the Goods selected for the order are subject to the discounts, promotions and offers valid at the time the Goods are selected.
5.1.3.7. The Buyer may not unilaterally terminate the Public Offer Agreement.
The Buyer may request a refund of the advance payment in the cases provided for by the Civil Code of Ukraine and the Law of Ukraine “On Consumer Protection”.
If the advance payment for the Goods is refunded, it is returned to the Buyer’s account.
5.1.3.8. A cash register receipt confirms receipt of the Goods by the Buyer or their authorised third party.
5.1.3.9. The Seller must maintain records of Certificates and of Goods selected for orders against advance payments by the Buyer or their authorised representative, using the Seller’s internal accounting system;
5.2. Payment for Goods and services of the Online Store https://tsviteteren.com/ is made in Ukraine’s national currency at the prices and rates applicable at the time of purchase.
5.3. Prices for Goods and services are determined independently by the Seller and displayed on the Online Store website. All prices for Goods and services on the website are stated in hryvnias, including VAT.
5.4. The Seller may unilaterally change prices for Goods and services depending on market conditions. However, the Seller may not unilaterally change the price of an individual unit of Goods that the Buyer has paid for in full. If the price of an ordered item changes before payment for the Order, the Seller must notify the Buyer as soon as possible. The Buyer may confirm or cancel the Order. If the Buyer cannot be contacted, the Order is deemed cancelled within 24 hours of the change in the price of the Goods.
5.5. The price of the Goods displayed on the Online Store website does not include delivery to the Buyer. The Buyer pays delivery costs directly to their chosen delivery service (carrier) at that service’s current rates.
5.5.1. If Goods of proper quality are returned, the Buyer pays the delivery costs at the current rates of the delivery services (carriers).
5.5.2. If Goods of improper quality are returned, the Seller pays the delivery costs at the current rates of the delivery services (carriers). To return or exchange Goods of improper quality, the Consumer contacts the Seller using the contact details on the Online Store website and provides a cash register receipt (or other documentary proof of purchase from the Seller) and the relevant Goods.
5.6. The Seller may indicate the estimated cost of delivery to the Buyer’s address when the Buyer requests this information by email or places an order through the Online Store operator.
5.7. Settlement between the Seller and the Buyer for the Goods may be made by cashless payment:
5.7.1. The Buyer’s payment obligations for the Goods are deemed fulfilled when the funds reach the Seller’s current account.
5.8. By cash on delivery upon receipt of the ordered Goods at a branch (representative office) of the delivery service (carrier, postal service, postal company or transport company) at the collection point for the order or at an address agreed with the Buyer, in accordance with the cash-on-delivery terms and rates set by the relevant delivery service (carrier, postal service, postal company or transport company). The Buyer pays all fees for that cash-on-delivery payment to the relevant payment-processing institution.
5.9. By another method available in the Online Store or provided by the Store. In all cases, the Buyer bears all fees and interest associated with payment for the Goods.
5.10. In the event of non-payment, partial payment or late payment, the Online Store reserves the right not to provide the Goods and to suspend or entirely refrain from performing its obligations, without liability for any consequences of that decision or action, unless otherwise agreed between the Parties.
6. Delivery of the Goods
6.1. The Buyer agrees the procedure and terms for delivery of the ordered goods with the Online Store operator when making the purchase, or by reviewing the relevant information on the Online Store website.
6.2. Courier delivery of the order to the Buyer takes place by agreement with the Buyer and at the address specified by the Buyer.
6.3. Upon receiving the Goods, the Buyer must check their compliance with the qualitative and quantitative specifications (product name, quantity, completeness and expiry date) in the presence of a representative of the delivery service (carrier).
6.4. When accepting the Goods, the Buyer or their representative confirms, by signing the sales receipt, order or delivery waybill, that they have no complaints regarding the quantity, appearance or completeness of the Goods.
6.5. Ownership and the risk of accidental loss of or damage to the Goods pass to the Buyer or their Representative when the Buyer receives the Goods at the delivery location in the case of delivery by the Seller itself, or when the Seller hands the Goods over to the delivery service (carrier) chosen by the Buyer.
7. Rights and Obligations of the Parties
7.1. The Seller undertakes:
7.1.1. Not to disclose any private information of the Buyer or give third parties access to that information, except as provided by the applicable legislation of Ukraine.
7.1.2. The Seller reserves the right not to fulfil an order if the Goods have not been paid for and/or force majeure circumstances arise.
7.1.3. The Seller reserves the right to unilaterally amend the terms of this Agreement and the prices of Goods and services by posting them on the Online Store website. All changes take effect upon publication.
7.2. The Seller is not liable for the Buyer’s improper use of Goods ordered from the Online Store.
7.3. The Seller may transfer its rights and obligations relating to order fulfilment to third parties.
7.4. The Buyer undertakes:
7.4.1. Before contacting the Online Store and placing an order, to read the Offer Agreement and the delivery and payment terms on the Store’s website.
7.5. Ownership of the order and the risk of its accidental damage or loss pass to the Buyer from the moment the Goods are handed over by the Buyer at the delivery location in the case of delivery by the Seller itself, or when the Seller hands the goods over to the delivery service (carrier) chosen by the Buyer.
7.5.1. The Consumer (within the meaning of the Law of Ukraine “On Consumer Protection”) is entitled to exchange or return Goods of improper quality (that is, Goods with a manufacturing defect or that do not meet the stated specifications) in accordance with the procedure and time limits set out in Articles 7 and 8 of the Law of Ukraine “On Consumer Protection”.
7.6. Pursuant to the List of Goods of Proper Quality Not Subject to Exchange (Return), approved by Resolution No. 172 of the Cabinet of Ministers of Ukraine dated 19 March 1994, jewellery made of precious metals, precious stones, precious stones of organic origin and semi-precious stones is not subject to exchange or return if it is of proper quality (that is, free of manufacturing defects), irrespective of whether it was purchased in the usual manner or remotely through the Online Store.
7.7. Goods of proper quality may be returned or exchanged in exceptional circumstances and by agreement between the Seller and the Buyer.
8. Force Majeure
8.1. The Parties are released from liability for non-performance or improper performance of their contractual obligations for the duration of force majeure. Force majeure means extraordinary circumstances that cannot be overcome under the prevailing conditions and that prevent the Parties from fulfilling their obligations under this Agreement. These include natural events (earthquakes, floods, etc.), circumstances of public life (hostilities, martial law, states of emergency, large-scale strikes, epidemics, etc.), and prohibitive measures imposed by public authorities (transport bans, currency restrictions, international sanctions, trade bans, etc.). During this period, the Parties have no claims against one another, and each Party bears its own risk arising from the consequences of force majeure.
9. Processing of Information
9.1. The terms for collecting, processing and using personal data are set out in the Privacy and Personal Data Protection Policy.
9.2. The Seller undertakes not to disclose information received from the Buyer. Disclosure by the Seller to counterparties and third parties acting under an agreement with the Seller, including for the performance of obligations towards the Buyer, and disclosure required by the applicable legislation of Ukraine do not constitute a breach.
9.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not liable for inadequate performance or non-performance of its obligations due to outdated or inaccurate information about the Buyer.
9.4. The Seller undertakes to keep Buyers’ personal data confidential; prevent attempted unauthorised use of Buyers’ personal data by third parties; and exclude access to Buyers’ personal data by persons not directly involved in fulfilling the request, except as provided by the applicable legislation of Ukraine.
10. Sale of Goods
10.1. The Seller does not guarantee unconditional fulfilment of an order. All goods are provided “as is”. The technical systems used (the web page and the website itself: https://tsviteteren.com/) may contain undetected technical errors that make it impossible to fulfil an Order or purchase Goods, or cause delays in fulfilment. Human factors or force majeure may also make fulfilment of an Order impossible or delayed.
10.2. If performance of the obligations undertaken is impossible or delayed due to the circumstances described in clause 10.1 (excluding force majeure), the Seller’s liability is limited to the amounts received from the Buyer as payment for the Goods.
10.3. The Seller has no, and under no circumstances may have any, financial liability exceeding the amounts received from the Buyer as payment for the Goods.
10.4. The Seller reserves the right to refuse to sell goods to the Buyer if it is unable to provide the relevant Goods.
11. Other Terms
11.1. This Agreement is concluded in the territory of Ukraine and is governed by the applicable legislation of Ukraine.
11.2. All disputes between the Buyer and the Seller shall be resolved through negotiations. If a dispute cannot be settled through negotiations, the Buyer and/or the Seller may refer it to the courts in accordance with the applicable legislation of Ukraine.
11.2.1. As a means of out-of-court dispute resolution, the Buyer may contact the State Service of Ukraine on Food Safety and Consumer Protection for advice and clarification regarding infringements of consumer rights in the purchase of goods, warranty repairs and servicing, and the provision of services.
11.3. The Seller may unilaterally amend this Agreement in accordance with clause 7.1.3. The Agreement may also be amended by mutual agreement of the Parties in accordance with the procedure prescribed by the applicable legislation of Ukraine.
SELLER DETAILS
Individual Entrepreneur Ostapenko Olha Vitaliivna
Tax number 3482513389
IBAN UA773220010000026002320035491
JSC UNIVERSAL BANK