CONTRACT OF ACCESSION (TERMS OF USE OF THE SITE)
Kharkiv 2019
Section 1. DEFINITIONS. GENERAL PROVISIONS
1.1. For the purposes of this Agreement, the following terminology is used in the following meaning:
1.1.1. "Contract" - this Contract of Accession, according to the terms of which the Seller undertakes to sell the Goods to an indefinite circle of Buyers who contacted him using means of remote communication (Internet) through the Online Store located on the website: https://www.lamour -de-soi.com/.
The conclusion of the Agreement is carried out in electronic form on the conditions determined by the Seller.
1.1.2. "Seller" - BODRIKH A.S.FOP, EDRPOU code: 3565402002, current account: IBAN, UA333052990000026008001024143. in MFO 305299 "PrivatBank"; Kharkov, phone: +38 096 777 81 20, address for receiving letters, appeals, claims and complaints: email [email protected]
61057, Kharkov region, Kharkov, st. Gogol, 11.
1.1.3. "Buyer" - any capable natural person, in accordance with the current legislation of Ukraine, who, in the manner prescribed by this Agreement, at his own will, fully accepts (accepts) all its conditions for the purpose of acquiring the Goods for personal, home or other use not related to entrepreneurial activity.
1.1.4. "Site" - the official website of the Seller, located after the following link on the Internet: https://lamour-de-soi.com/, where the Buyer can familiarize himself with the Goods, their description, prices for the Goods, select a specific Goods, payment method and delivery of the Goods.
1.1.5. "Goods" - clothing, footwear, accessories and other products of the Seller, which, under the terms of this Agreement, are offered for sale at a distance using means of remote communication (the Internet), images and / or descriptions of which are posted on the Seller's Website.
1.1.6. "Track code" - a unique postal identifier of the Goods, by which the tracking of the Goods is carried out.
1.1.7. "Acceptance" - the performance by the Buyer of an action aimed at accepting the terms of this Agreement.
1.1.8. "Order" - a Buyer's request duly executed and placed using the Site for the purchase of selected Goods.
1.2. All other terms that are not separately defined in this Agreement are used and interpreted in their literal meaning, based on the provisions of the current legislation of Ukraine, business practices, as well as the purpose and subject of this Agreement.
1.3. General provisions.
1.3.1. This Agreement is an offer (public offer) of the Seller, which
addressed to an indefinite circle of persons and contains all the essential conditions regarding the conclusion of an electronic Agreement on the conditions specified below.
1.3.2. By acceptance, the Buyer certifies his full and indisputable agreement with all the provisions and rules of this Agreement without any exceptions and limitations, and confirms that he is familiar with its terms before the acceptance is made.
1.4. By ordering the Goods through the Site, the Buyer agrees to the terms of this Agreement.
Section 2. SUBJECT OF THE CONTRACT
2.1. In accordance with the terms of this Agreement, the Seller undertakes to sell the Goods to the Buyer, and the Buyer undertakes to accept and pay for the Goods in the manner prescribed by this Agreement.
2.2. The ownership of the Goods passes to the Buyer at the time of delivery (transfer) of the Goods and on the terms of full payment by the Buyer of the cost of the Goods on the terms established by this Agreement.
2.3. The main characteristics of the Goods and the rules for the operation of the goods (how to wash, iron, etc.) are placed next to each description of the Goods on the Site.
Section 3. SELECTION OF GOODS AND PROCEDURE FOR SIGNING A CONTRACT
3.1. The Buyer independently and at his own discretion selects the available Goods on the Site and clicks the link/icon with the "Add to Cart" function and independently fills out and sends the "Place an Order" form to the Seller, which, in particular, indicates the last name, first name, phone number , email address, payment method, delivery address of the Goods.
3.2. Before sending the “Place an order” to the Seller, the Buyer confirms his agreement with the terms of this Agreement and clicks the link/icon “I confirm the order”. These actions are considered the fact that the Buyer sent the Order to the Seller.
3.3. The contract is considered concluded from the moment when the Buyer clicked on the link/icon "I confirm the order".
3.4. By clicking on the link/icon "I confirm the order", the Buyer confirms that he/she has been notified by the Seller about:
- the name of the Seller, its location and the procedure for accepting claims;
- the main characteristics and consumer properties of the selected Goods;
- the cost of the selected Goods, as well as the cost of its delivery to the Buyer;
- method, procedure and terms of payment and delivery of the Goods chosen by the Buyer;
- warranty obligations of the Seller and other services related to the Goods (if any);
- the warranty period and service life of the Goods chosen by the Buyer, the mandatory conditions for the use of the Goods and the possible consequences of failure to comply with such conditions;
- the procedure for terminating this Agreement;
- other conditions under which the Goods are offered for sale.
Section 4. RIGHTS AND OBLIGATIONS
4.1. The buyer has the right:
4.1.1. require the Seller to fully and properly fulfill the terms of this Agreement;
4.1.2. refuse to accept and pay for low-quality or incomplete Goods or Goods that do not correspond to the Order sent;
4.1.3. withdraw from this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;
4.1.4. exercise other rights provided for by the Agreement and the current legislation of Ukraine;
4.2. The buyer undertakes:
4.2.1. fulfill all its obligations under the Agreement, properly and in full;
4.2.2. before concluding this Agreement, familiarize yourself with its content, as well as familiarize yourself with the cost of the Goods offered on the Site, the methods and procedure for its payment;
4.2.3. pay the cost of the ordered Goods on time, in the manner and on the terms established by the Agreement;
4.2.4. accept the ordered Goods in the manner and on the terms established by this Agreement;
4.2.5. keep during the warranty period the relevant settlement document (receipt, sales receipt or cash receipt) confirming the sale (transfer) of the Goods;
4.2.6. perform other obligations stipulated by this Agreement and the current legislation of Ukraine.
4.3. The seller has the right:
4.3.1. periodically review and change the cost of the Goods offered for sale on the Site;
4.3.2. conduct sales and offer promotional offers that provide a temporary opportunity to purchase the Goods on more favorable terms than usual;
4.3.3. to exercise other rights provided for by this Agreement and the norms of the current legislation of Ukraine.
4.4. The seller undertakes:
4.4.1. fulfill all its obligations under the Agreement, properly and in full;
4.4.2. provide the Buyer with complete and reliable information about the Goods and its cost;
4.4.3. provide the Buyer with complete and reliable information about the cost and methods of delivery of the Goods;
4.4.4. send the Goods to the Buyer in the manner and on the terms established by this Agreement;
4.4.5. perform other obligations stipulated by this Agreement and the current legislation of Ukraine.
Section 5. COST OF GOODS AND PROCEDURE OF PAYMENT
5.1. The cost of the Goods is given next to each description of the Goods on the Site.
5.2. From the moment the Buyer concludes this Agreement (acceptance by the Buyer of the Seller's offer), the Seller has no right to change the cost of the Goods ordered by him.
5.3. All costs associated with the delivery of the Goods shall be borne by the Buyer.
5.4. The Buyer pays for the Goods by transferring funds to the Buyer's settlement account.
5.5. Failure by the Buyer to fulfill its obligations regarding payment for the Goods ordered by him is considered a unilateral refusal of the Buyer from this Agreement in full.
Section 6. WARRANTY. OTHER TERMS RELATED TO THE PRODUCT
6.1. The procedure for the exchange of Goods of good quality.
6.1.1. The Buyer has the right to exchange the Goods of good quality for a similar one, if the Goods did not satisfy him in shape, style, color, size, or for other reasons cannot be used for their intended purpose.
6.1.2. The period during which the Buyer has the right to exchange Goods of good quality is 14 (fourteen) days.
6.1.3. The Seller exchanges the Goods of good quality if such Goods have not been used and if its presentation, consumer properties, labels, as well as a payment document (receipt, sales or cash receipt) are preserved.
6.1.4. If at the time of the exchange of a similar Product is not on sale, the Buyer has the right:
6.1.4.1. purchase any other Goods from the existing assortment with the corresponding recalculation of the cost, or
6.1.4.2. terminate the Agreement and receive a refund in the amount of the value of the returned Goods, or
6.1.4.3. to exchange the Goods for a similar one at the first receipt of the corresponding Goods for sale.
6.2. Procedure in case of purchase by the Buyer of the Goods of inadequate quality.
6.2.1. In case of revealing within the established warranty period of defects that have arisen through the fault of the Seller, the Buyer, in the manner and within the time limits established by law, has the right to demand from the Seller:
6.2.1.3. termination of the contract and the return of the amount of money paid for the Goods, or
6.2.1.3. replacement of the Goods with the same Goods, or with a similar one, from the list of Goods available to the Seller;
6.3. Not subject to exchange (return) Goods, the list of which is approved by the Cabinet of Ministers of Ukraine, as well as Goods worn on a naked body, such as a swimsuit, leggings and other similar Goods, as well as Goods made by individual measurements (to order).
6.4. Upon termination of the Agreement, the funds paid for the Goods are returned to the Buyer within 7 banking days.
6.5. For seasonal goods (clothing, fur and other items), the warranty period is calculated from the beginning of the corresponding season, which is established by applicable law and is 6 months.
6.6. The Seller guarantees the safety of the Goods, namely the absence of any risk to the life, health of the Buyer and the environment under normal conditions of use.
Section 7. TERMINATION OF THE CONTRACT
7.1. The Parties have the right to terminate this Agreement in cases and within the time limits provided for by this Agreement and the current legislation of Ukraine.
7.2. Termination by the Buyer of this Agreement entails the return of the received Goods to the Seller.
Section 8. OTHER TERMS
8.1. The term for sending the Goods does not exceed 21 calendar days from the moment the Seller receives the order from the Buyer, if the Seller has the corresponding Goods. If the Order for the Goods was sent by the Buyer on a weekend or holiday, the processing and execution of this Order for the Goods begins on the first working day after the weekend or holiday.
8.2. Delivery of the Goods in Ukraine is carried out by cash on delivery or with an advance payment of the cost of the goods. Prepaid items have priority in shipping.
8.3. Delivery of the Goods outside Ukraine is carried out upon prepayment of the full cost of the Goods.
8.4. Each Product that is sent by the Seller is assigned a unique Track Code, by which the Buyer can track the location of the Product that was ordered.
8.5. The obligation of the Seller is considered fulfilled from the moment of transfer of the Goods ordered by the Buyer to the corresponding postal service (delivery service).
8.6. Delivery and delivery (transfer) of the ordered Goods by means of the delivery service of Nova Poshta LLC is carried out under this Agreement, taking into account the specifics of the conditions for the delivery of goods established by Nova Poshta LLC (novaposhta.ua).
8.10. Together with the Goods, the Seller transfers to the Buyer:
8.11.1. one copy of the Order Form for the Goods;
8.11.2. relevant payment document (receipt,
sales receipt or cashier's check).
8.12. The Seller reserves the right to amend the Agreement, in connection with which the Buyer undertakes to regularly monitor changes in the Agreement. This version of the Agreement has been adopted to replace all previous versions and is valid both for new Buyers and for Buyers who already use the services of the Seller.
8.13. The seller reserves the right at any time to change or suspend the site, the provision of services. The Buyer agrees that the Seller shall not be liable to the Buyer or any third party for any changes, suspension of the Site, or provision of any service on this Site. The use of the Site by the Buyer after such changes indicates the acceptance of the changes by the Buyer.
8.14. Claims of the Buyer regarding the quality of the Goods, requirements for replacement or return of the Goods are considered by the Seller, subject to the presentation by the Buyer of the relevant payment document of the established form (receipt,
sales receipt or cash receipt) for the Goods.
8.15. The Buyer's claims regarding the quality of the Goods are not subject to satisfaction if the defects of the Goods arose as a result of the violation by the Buyer of the rules for using the Goods.
8.16. The period for accepting a proposal (offer) regarding the conclusion of this Agreement is established from the date of its publication on the Site and until December 31, 2022 inclusive.