PUBLIC OFFER AGREEMENT:
MAIN CONCEPTS
Site Visitor – an individual who visits the website https://victoriagres.shop/ without the intention to place an Order.
User – a natural person, a Site visitor, accepting the agreement terms and wanting to place an Order on the website https://victoriagres.shop/.
Buyer – User who placed an Order on the website https://victoriagres.shop/ with the intent of purchasing goods for personal use.
Victoria Gres – a trademark owned by an individual – Arkadiy Maslov
Seller – a sole proprietor Angelika Oleksiyivna Shylokhvost, or another legal entity or sole proprietor whose goods are listed in the Online Store.
Online Store – a website located on the Internet at https://victoriagres.shop/, where the Goods offered by the Seller for purchase, as well as terms of payment and delivery of Goods to Buyers, are presented.
Website – https://victoriagres.shop/.
Product – clothing, footwear, accessories, and other goods presented for sale on the Seller’s Site.
Order – a properly formed request by the Buyer for the purchase and delivery of Goods selected on the Site to the address specified by the Buyer.
GENERAL PROVISIONS
The Seller sells Goods through the Online Store at https://victoriagres.shop/.
By ordering Goods through the online store, the User agrees to the terms of sale of Goods set out below (hereinafter – Terms of Sale) and the Terms of Sale posted on the Site. In case of disagreement, the User must immediately stop using the service and leave the website https://victoriagres.shop/.
These Terms of Sale, as well as the information about the product presented on the Site, are a public offer according to Art. 633 of the Civil Code of Ukraine.
These terms can be changed by the Seller unilaterally without notifying the User / Buyer. The new version of the Terms becomes effective from the moment of its publication on the Site unless otherwise provided.
The User Agreement (hereinafter – the Agreement) comes into effect from the moment the Seller sends an electronic confirmation of the Order acceptance to the Buyer when placing an Order without authorization on the Site, as well as from the moment of accepting the Order from the Buyer by phone, email, or another way.
The retail sale and purchase agreement is considered concluded from the moment the Seller issues to the Buyer a cash or commodity check or another document confirming the payment of the goods.
By providing the Seller with their e-mail and phone number, the Site Visitor / User / Buyer consents to the use of said communication means by the Seller, as well as by third parties engaged by them for the purpose of fulfilling obligations to Site Visitors / Users / Buyers, in order to send advertising and informational content, which contains information about discounts, upcoming and current promotions and other Seller’s activities, about the transfer of the order for delivery, and other information directly related to the fulfillment of obligations by the Buyer within the framework of the Public offer. By placing an Order, the User / Buyer agrees that the Seller can entrust the execution of the Agreement to a third party, while remaining responsible for its fulfillment.
All rights and obligations arising from the Agreement concluded with the User are directly vested in the Seller.
SUBJECT OF THE AGREEMENT
The subject of the Agreement is to provide the User with the opportunity to purchase for personal, family, household and other needs, not related to business activities, Goods presented in the catalog of the online store at https://victoriagres.shop/.
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 online store catalog.
PRODUCT AND PURCHASE PROCEDURE
The Seller ensures the availability of the Goods in their warehouse as presented on the Site. Photos accompanying the Goods are simple illustrations and may differ from the actual appearance of the Goods. Descriptions/characteristics accompanying the Goods do not claim exhaustive informativeness and may contain typographical errors. For clarification on the Goods, the Buyer should contact the Seller.
In case the Goods ordered by the Buyer are out of stock, the Seller must inform the Buyer (by sending an appropriate email to the address provided by the Buyer during registration (or by a call from the operator)) and produce the ordered Goods within 3-14 days from the moment of the Order.
The Buyer bears full responsibility for providing false information, resulting in the Seller’s inability to properly fulfill their obligations to the Buyer.
In case of cancellation of a fully prepaid Order, the cost of the canceled Goods is refunded by the Seller to the Buyer in the manner in which the Goods were paid for.
The Buyer’s Order is processed in accordance with the procedures specified on the Site.
After placing the Order on the Site, the Buyer is provided with information about the estimated delivery date. The manager servicing the Order clarifies the Order details, agrees on the delivery date, which depends on the availability of the ordered Goods in the Seller’s warehouse and the time required for processing and delivering the Order. The date of the Goods transfer can be changed unilaterally by the Seller in case of objective reasons, in the Seller’s opinion.
ORDER DELIVERY
The Goods are delivered by the postal operator in the form of a postal shipment. Delivery methods for Goods are indicated on the Site in the “Delivery and Payment” section.
Delivery delays are possible due to unforeseen circumstances that occurred not at the fault of the Seller.
Upon delivery, the Order is handed over to the Buyer or the third person specified in the order as the recipient (hereafter the Buyer and third person are referred to as “Recipient”).
The risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment of transferring the Order to them and placing the Recipient’s signature in documents confirming the delivery of the Order.
To avoid fraud cases, as well as to fulfill the obligations set out in this Agreement, when handing over a prepaid Order, the person delivering the Order has the right to request a document that certifies the identity of the Recipient, and also indicate the type and number of the document provided by the Recipient in the order receipt. The Seller guarantees the confidentiality and protection of the Recipient’s personal data.
The cost of delivery for each Order is calculated individually, based on the weight of the Goods, region and method of delivery, and (if necessary) form of payment.
The Seller’s obligation to transfer the goods to the Buyer is considered fulfilled at the moment the Buyer receives the shipment, as defined according to the current postal communication rules.
The procedure for delivery and opening Shipments containing goods is determined by the current postal communication rules.
When accepting an Order from a courier, the Recipient is obliged to inspect the delivered Goods and check it for compliance with the declared quality, assortment and completeness of the Goods, as well as check the service life of the delivered Goods and the integrity of the packaging.
A signature on the supply documents indicates that no claims have been made against the Goods and the Seller has fully and properly fulfilled its obligation to deliver the Goods.
The User understands and agrees that the delivery is a separate service, which is not an integral part of the Goods purchased by the Buyer, and the provision of which ends at the moment the Recipient receives the Goods and makes a payment for it. Claims regarding the quality of the purchased Goods that arise after receiving and paying for the Goods are considered in accordance with the Law of Ukraine “On Consumer Rights Protection” and the warranty obligations of the Seller. In this regard, purchasing Goods with delivery does not give the Buyer the right to demand delivery of the purchased Goods for warranty service or replacement, does not allow for warranty service or replacement of Goods with an exit to the Buyer and does not imply the possibility of returning the cost of delivering the Goods in cases where the Buyer has the right to return money for the Goods in accordance with the Law of Ukraine “On Consumer Rights Protection”.
PAYMENT OF GOODS
The price of the goods is indicated in hryvnias and includes value-added tax if the relevant Seller applies the general taxation system. The order amount consists of the price of the ordered goods.
The price of the goods is indicated on the site. In case of an incorrect price of the goods ordered by the Buyer, the Seller informs the Buyer about it to re-confirm the Order with the correct price or its cancellation. If it’s impossible to contact the Buyer, this Order is considered canceled.
The price of the Goods on the Site can be changed by the Seller unilaterally. However, the price of the Goods ordered by the Buyer is not subject to change.
The Goods are paid for by the Buyer in accordance with the section on the Site “Delivery and Payment”.
Delays in delivery are possible due to unforeseen circumstances that occurred through no fault of the Seller.
Upon delivery, the Order is handed over to the Buyer or a third party specified in the order as the recipient (hereinafter both the Buyer and the third party are referred to as the “Recipient”).
The risk of accidental loss or accidental damage to the Product passes to the Buyer at the moment of handing over the Order and the Recipient’s signature in the documents confirming the delivery of the Order.
To avoid cases of fraud and to fulfill obligations mentioned in this Agreement, when delivering a prepaid Order, the person delivering the Order has the right to request a document that verifies the identity of the Recipient, and also to specify the type and number of the document provided by the Recipient on the receipt of the Order. The Seller guarantees the confidentiality and protection of the Recipient’s personal data.
The cost of delivery for each Order is calculated individually, based on the weight of the Product, region, method of delivery, and, if necessary, the form of payment.
The Seller’s obligation to deliver the goods to the Buyer is considered fulfilled at the moment the Buyer receives the shipment, as this moment is defined in accordance with the current postal communication rules.
The procedure for delivery and disclosure of Shipments containing goods is determined by the current postal communication rules.
When accepting the Order from the courier, the Recipient is obliged to inspect the delivered Product and check it for compliance with the declared quality, assortment, and completeness of the Product, as well as check the service life of the delivered Product and the integrity of the packaging.
A signature on the supply documents indicates that no claims have been made against the Product, and the Seller has fully and properly fulfilled their obligation to deliver the Product.
The user understands and agrees that the delivery is a separate service, which is not an integral part of the Product purchased by the Buyer. This service is completed once the Recipient receives the Product and makes payment for it. Claims regarding the quality of the purchased Product that arise after receiving and paying for the Product are addressed according to the Law of Ukraine “On Consumer Rights Protection” and the Seller’s warranty obligations. Therefore, purchasing a Product with delivery does not give the Buyer the right to demand the delivery of the purchased Product for warranty service or replacement, does not provide the opportunity to carry out warranty service or replacement of the Product with a visit to the Buyer, and does not imply the possibility of refunding the cost of Product delivery in cases where the Buyer has the right to refund for the Product under the Law of Ukraine “On Consumer Rights Protection”.
PAYMENT FOR THE PRODUCT
The price of the product is indicated in hryvnias and includes value-added tax if the respective Seller applies the general taxation system. The order amount consists of the cost of the ordered products.
The price of the product is stated on the website. In the event of an incorrect price for a product ordered by the Buyer, the Seller informs the Buyer to reconfirm the Order with the correct price or cancel it. If it is impossible to contact the Buyer, this Order is considered canceled.
The Product price on the website can be changed by the Seller unilaterally. However, the price for the Product ordered by the Buyer is not subject to change.
Payment for the Product is made by the Buyer according to the “Delivery and Payment” section on the website.
The Seller has the right to provide discounts on Products and establish a bonus program. Types of discounts, bonuses, the procedure and conditions for accrual are determined by the Seller independently, are indicated on the website, and can be changed by the Seller unilaterally.
The Seller has the right to unilaterally determine the available payment methods for a specific Buyer, cancel orders made by the Buyer if the Buyer committed or was suspected by the Seller of committing unlawful actions aimed at causing damages (theft, robbery, burglary, fraud, substitution, intentional property damage, etc.).
RETURN OF PRODUCT AND MONEY
The return of the Product is carried out according to the “Return” section specified on the website.
The Buyer has the right to refuse the received Product and terminate the Sales Agreement within 14 calendar days from the day of receiving the Product, excluding the day of purchase, except for Products that cannot be exchanged or returned according to this Agreement and the norms of current legislation.
The product to be returned, with all seals, labels, branded bags, and box, must be sent by the Seller’s courier with the following documents enclosed: a manually filled return request form for the product. The shipment of products is at the Buyer’s expense. The product can also be returned by a courier when receiving a new order. The box should have a sticker with the date, the Buyer’s signature, and the signature deciphered.
Return of a Product of Proper Quality:
Returning a product of proper quality is possible if the product has not been used, its commercial appearance, consumer properties, seals, and labels have been preserved, and the sales receipt issued to the Buyer along with the sold product is also preserved.
When the Buyer refuses the product, the Seller refunds the value of the returned product within 30 days from the date the returned product arrives at the Seller’s warehouse, along with the return request filled out by the Buyer. The refund is made exclusively to the person indicated in the product order. If the Buyer provided incorrect data in the order, the Seller reserves the right to refuse such a Buyer a refund.
Non-returnable items include corset products, hosiery, gloves, mittens, underwear, perfumes and cosmetics, jewelry, etc. (According to Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994, No. 172).
Return of a Product of Inadequate Quality:
A product of inadequate quality refers to a product that cannot ensure the performance of its functional qualities. The received product should match the description on the website. Differences in design elements or design from those stated in the description on the website are not signs of inadequate quality and/or the impossibility of using it for its intended purpose.
The external appearance and completeness of the Product, as well as the completeness of the entire Order, should be checked by the Recipient at the time of the Product delivery.
After receiving the Order, claims for external defects of the product, its quantity, completeness, and appearance are not accepted.
If the Buyer has been delivered a product of inadequate quality and nothing else was previously agreed upon by the Seller, the Buyer has the right to apply the provisions of Art. 8 “Consumer Rights in case of purchasing a product of inadequate quality” of the Law of Ukraine “On Consumer Rights Protection”.
Requests for a refund of the amount paid for the product are satisfied within 30 days from the day of submitting the relevant request (p. 4 Art. 12 of the Law of Ukraine “On Consumer Rights Protection”).
The refund is carried out according to the “Return” section on the website. The method should be indicated in the relevant field of the product return form.
The Buyer has the right to exchange a product purchased on the website.
Products of proper quality ordered on the Website that did not suit the Buyer for any reason (style, size, color) can be exchanged within 14 days, excluding the day of purchase, if the product has not been used, its commercial appearance, consumer properties, seals, labels are preserved, and the payment document issued to the Buyer along with the sold product is also preserved.
The warranty period for products sold on the Website is 30 days from the date of receipt of the product unless another term is set by the manufacturer in the accompanying documents for the product.
The Seller is not responsible for defects in the Product if they arose after its transfer to the Buyer due to a violation by the Buyer of the rules for using or storing the product, actions of third parties, or force majeure.
LIABILITY
The Seller is not liable for damage caused to the Buyer due to improper use of Products purchased in the online store.
The Seller is not responsible for the content and operation of external websites.
CONFIDENTIALITY AND INFORMATION PROTECTION
User/Buyer’s personal data is processed according to the Privacy Policy posted on the website.
Personal data is stored solely to meet the requirements of tax, accounting, and advertising regulations. The storage and processing period for personal data is 5 years.
By providing their personal data, the User agrees to its processing by the Seller, including for the promotion of the Seller’s products and services.
The Seller uses the User/Buyer’s personal data:
– to fulfill obligations to the User/Buyer;
– for User registration on the Website, managing accounts;
– to evaluate and analyze the Site’s performance;
– for specific purposes for which personal data was provided, including but not limited to processing complaints, applications, tracking any question or request;
– for CRM purposes – to offer Users/Buyers promotions, discounts, and other specialized services, as well as sending newsletters, other marketing and commercial messages about products, conducting surveys, and research.
The Seller has the right to send informational, including advertising messages, to the User/Buyer’s email and mobile phone with their consent. The User/Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal.
Service messages informing the User/Buyer about the order and its processing stages are sent automatically and cannot be rejected by the User/Buyer.
The Seller has the right to use the “Cookies” technology. “Cookies” do not contain confidential information and are not transferred to third parties.
The Seller receives information about the IP address of the Website visitors https://victoriagres.shop/. This information is not used to identify the visitor.
The Seller is not responsible for the information provided by the User/Buyer on the Website in a publicly accessible form.
The Seller has the right to record telephone conversations with the User/Buyer. At the same time, the Seller undertakes to prevent attempts at unauthorized access to information obtained during telephone conversations, and/or its transmission to third parties not directly related to the execution of Orders, in accordance with the current legislation of Ukraine.
VALIDITY OF THE PUBLIC OFFER
This Public offer comes into force from the moment of its acceptance by the Website Visitor/Buyer and remains in effect until the moment of withdrawal of the Public Offer acceptance.
ADDITIONAL TERMS
The Seller has the right to assign or in any other way transfer its rights and obligations arising from its relations with the Buyer to third parties.
The online store and services may be temporarily partially or fully unavailable due to preventive or other works or for any other technical reasons. The Seller’s technical service has the right to periodically carry out the necessary preventive or other works with prior notification of Buyers or without such.
The relations between the User/Buyer and the Seller are subject to the provisions of Ukrainian legislation.
In case of any questions or complaints from the User/Buyer, they can contact the Seller by phone or any other available means. Both parties will try to resolve all disputes through negotiations, and in case of failure to reach an agreement, the dispute will be submitted for consideration to the judicial body in accordance with the current legislation of Ukraine.
If a court declares any provision of this Agreement invalid, it does not lead to the invalidity of the other provisions.