CONTRACT OF ADHESION (TERMS AND CONDITIONS OF WEBSITE USE)
CONTRACT OF ADHESION (TERMS AND CONDITIONS OF WEBSITE USE)
Dnipro City 2018
Section 1. DEFINITIONS. GENERAL PROVISIONS
1.1. For the purposes of this Contract the below mentioned definitions are used in following meaning:
1.1.1. «Contract» - this Contract of adhesion according to the terms of which the Seller is obliged to sell the Goods to any Buyer, who refers by the means of telecommunication facilities (Internet network) via Web store, located on the website https://annafoxy.com/.
Entering into the Contract carries out by email on the conditions defined by the Seller.
1.1.2. «Seller» - individual entrepreneur Mirhorodska (EDRPOU code (Ukrainian «Unified Register of Businesses and Organizations»): 40831945), current account: 26009455026988, MFO (code of the bank) 300528 in АТ «ОТP Bаnk», Kiev City, phone: +380672005588, postal address for mail, requests, claims, complaints: 49044, Dnipropetrovsk region, Dnipro City, Olesya Gonchara Str., building 32.
1.1.3. «Buyer» - any competent individual, in accordance with the current legislation of Ukraine, which under the procedure prescribed by the Contract for his own free will fully accepts all its terms and conditions with the aim to obtain the Goods for private, home or other use not related to entrepreneurial activity.
1.1.4. «Website» - the official website of the Seller, located on the following link on the Internet: https://annafoxy.com/, where the Buyer may find the Goods, their description, prices, choose appropriate Goods, payment and delivery methods.
1.1.5. «Goods» - clothes, footwear, accessories and other products of the Seller, that on the term of the Contract are offered for selling distantly by the means of distance link (over the Internet), image and/or description of which is available on the website of the Seller.
1.1.6. «Track-code» - the unique postal identifier of the Goods whereby the goods are tracked.
1.1.7. «Acceptance» - carrying out by the Buyer of an action that is aimed at accepting the terms of the Contract.
1.1.8. «Order» - a request of the Buyer duly drawn up and posted with the help of the Website to purchase chosen Goods.
1.2. All other definitions that are not defined in the Contract are used and interpreted in their literal meaning, proceeding from the provisions of the current legislation of Ukraine, the customs of business turnover, as well as the purpose and subject of the Contract.
1.3. General provisions.
1.3.1. The Contract is an offer (public offer) of the Seller, which is addressed to a number of persons and contains all the essential conditions regarding the conclusion of an electronic Contract under the conditions specified below.
1.3.2. By the Acceptance the Buyer confirms his full and unquestionable agreement with all the provisions and rules of the Contract without any exceptions and limitations, and confirms that he is aware of terms and conditions of the Contract prior to carry out the Acceptance.
1.4. By ordering the Goods on Website, the Buyer accepts and agrees to the terms and conditions of the Contract.
Section 2. SUBJECT OF THE CONTRACT
2.1. In accordance with the terms and conditions defined in the Contract, the Seller undertakes to sell to the Buyer the Goods, and the Buyer undertakes to receive and pay for the Goods under the procedure prescribed by the Contract.
2.2. Ownership of the Goods passes to the Buyer at the moment of delivery (transfer) of the Goods and on terms of full payment by the Buyer of the Goods value under the conditions defined by the Contract.
2.3. The main characteristics of the Goods and the exploitation rules of the goods (how to wash, iron, store, etc.) are placed next to the each description of the Goods on the Website.
Section 3. CHOICE OF GOODS AND PROCEDURE FOR CONCLUSION OF THE CONTRACT
3.1. The Buyer independently and at his own discretion chooses on the Website available Goods and presses the link / icon with the function «Buy» and independently fills and sends to the Seller the form «My order», where provides, in particular, surname, first name, contact phone number, e-mail address, method of payment, delivery address of the Goods.
3.2. Before sending to the Seller «The order is confirmed», the Buyer confirms his consent with the terms of the Contract and presses the link / icon
«The order is confirmed». Such actions are considered as a fact when the Buyer sends the Order to the Seller.
3.3. The Contract is deemed to be concluded from the moment when the Buyer presses the link / icon «The order is confirmed».
3.4. By pressing the link / icon «The order is confirmed» the Buyer confirms that he is in a convenient and accessible for him way in accordance with the «Consumer Protection Law» is notified by Seller of:
- the name of the Seller, his location and the procedure of getting the claims;
- the main characteristics and consumer properties of the chosen Goods;
- the cost of the chosen Goods and the cost of its delivery to the Buyer;
- the method, procedure and terms of payment and delivery of the Goods chosen by the Buyer;
- Seller's warranty obligations and other services related to the Goods by the Buyer (if any);
- the warranty period and the service life of the Goods chosen by the Buyer, mandatory conditions of the use of the Goods and the possible consequences of non-fulfillment of such conditions;
- the procedure for termination of the Contract;
- other conditions according to which the Goods are offered for sale.
Section 4. RIGHTS AND OBLIGATIONS
4.1. The Buyer has the right to:
4.1.1. demand from the Seller to fulfill the terms of the Contract fully and properly;
4.1.2. refuse to accept and pay for poor-quality or incomplete Goods or Goods that do not comply with the ordered Order;
4.1.3. withdraw from the Contract in accordance to the Contract and the current legislation of Ukraine;
4.1.4. use other rights prescribed by the Contract and the current legislation of Ukraine.
4.2. The Buyer is obliged to:
4.2.1. fulfill all of his obligations, prescribed by the Contract, properly and fully;
4.2.2. before entering into the Contract, familiarize with the content of the Contract, and also with the cost of the Goods offered on the Website, the methods and procedure for its payment;
4.2.3. pay the cost of the ordered Goods in time, in accordance with the procedure and on the terms prescribed by the Contract;
4.2.4. receive the ordered Goods in accordance with the terms and conditions of the Contract;
4.2.5. keep during the warranty period the relevant payment document (receipt, merchandise or cash receipt) that confirms the sale (transfer) of the Goods;
4.2.6. fulfill other duties and obligations prescribed by the Contract and the current legislation of Ukraine.
4.3. The Seller has the right to:
4.3.1. on a periodic base review and change the cost of the Goods offered for sale on the Site;
4.3.2. carry out sales at a cut price and special offers, that provide temporary possibility of purchasing the Goods on more favorable conditions than usual;
4.3.3. use other rights prescribed by the Contract and the current legislation of Ukraine.
4.4. The Seller is obliged to:
4.4.1. fulfill all of his obligations, prescribed by the Contract, properly and fully;
4.4.2. provide the Buyer with complete and reliable information about the Goods and its price;
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 (dispatch) the Goods to the Buyer in accordance with the procedure and on the conditions prescribed by the Contract,;
4.4.5. fulfill other duties and obligations prescribed by the Contract and the current legislation of Ukraine.
Section 5. COST OF GOODS AND PAYMENT PROCEDURE
5.1. The cost of the Goods is shown next to the each description of the Goods on the Website.
5.2. From the moment the Buyer enters into this Contract (acceptance by the Buyer of the Seller's offer), the Seller shall not change the cost of the Goods ordered by the Buyer
5.3. All the delivery costs of the Goods shall carry out the Buyer.
5.4. The Buyer pays for the Goods by transferring money to the account of the Seller.
5.5. Non-fulfillment by the Buyer of his obligations regarding the payment of the ordered Goods is deemed to be a unilateral refusal by the Buyer of the Contract in full.
Section 6. WARRANTY OBLIGATIONS. OTHER CONDITIONS RELATED TO THE GOODS
6.1. The Procedure of exchange of the qualified Goods.
6.1.1. The Buyer has the right to exchange qualified Goods for a similar one if the Goods do not satisfy him in form, size, shape, color, size or for other reasons can not be used for the intended purpose.
6.1.2. The Buyer has the right to exchange qualified Goods during 14 (fourteen) days.
6.1.3. The Seller shall exchange qualified Goods if such Goods were not in use and its presentation, consumer properties, labels, payment document (receipt, merchandise or cash receipt) are preserved.
6.1.4. In the event that at the time of exchange a similar Goods are not available, the Buyer has the right to:
6.1.4.1. purchase any other Goods from the assortment with a corresponding recalculation of the price or
6.1.4.2. terminate the Contract and receive money back in the amount of the cost of the returned Goods or
6.1.4.3. make an exchange of the Goods for the same at the first receipt of the relevant Goods for sale;
6.2. Procedure of actions in case of purchase by the Buyer of unqualified Goods.
6.2.1. In case of revealing during the warranty period of deficiencies that were caused by Seller, the Buyer shall, in the manner and within the time limits established by current legislation, have the right at his choice to demand from the Seller to:
6.2.1.3. terminate the Contract and return the sum of money that was paid for the Goods or
6.2.1.3. replace the Goods for the same Goods, or for a similar one, from the list of Goods that has the Seller;
6.3. The Goods, list of which is approved by the Cabinet of Ministers of Ukraine and also bare skin Goods such as a swimsuit, leggings and other similar Goods, as well as Goods manufactured according to individual measures (tailor-made) are not subject to exchange (return).
6.4. Upon termination of the Contract, the money paid for the Goods shall be returned to the Buyer within 7 (seven) banking days.
6.5. For seasonal goods (clothes, fur and other products), the warranty period starts from the beginning of the relevant season due to the current legislation and shall be 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 usual conditions of use.
Section 7. TERMINATION OF THE CONTRACT
7.1. The Parties have the right to terminate this Contract in the cases and within the terms provided by the Contract and the current legislation of Ukraine.
7.2. The termination by the Buyer of the Contract entails the return of the received Goods to the Seller.
Section 8. OTHER CONDITIONS
8.1. The period for dispatch of the Goods shall be no more than 21 calendar days from the moment of receipt by the Seller of the Order from the Buyer, in the presence of the corresponding Goods from the Seller. In the event that the Order for the Goods was sent by the Buyer on a weekend or a holiday, the processing time for this Order for the Goods starts from the first, after the weekend or holiday, working day.
8.2. Delivery of goods in Ukraine is effected by cash on delivery or by advance payment of full price. Prepaid orders have priority in time of delivery.
8.3. The delivery of the Goods outside Ukraine is made by prepayment of the full price of the Goods.
8.4. Each Goods that is sent by the Seller are assigned a unique Track-code, according to which the Buyer can track the location of the Goods that have been ordered.
8.5. The Seller's obligation shall be fulfilled from the moment of transferring the Goods to the appropriate postal service (delivery service).
8.6. Delivery and handing (transferring) of the Goods by means of delivery service of LLC «Nova Poshta» is carried out under this Contract taking into account the peculiarities of delivery conditions established by LLC Nova Poshta (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. the relevant payment document (receipt, merchandise or cash receipt).
8.12. The Seller reserves the right to amend the Contract, so the Buyer undertakes regularly to monitor the changes in the Contract. This version of the Contract is adopted in replacement of all previous editions and is effective 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 operation of the Website, providing services. The Buyer agrees that the Seller has no obligation to Buyer or third party for any changes, suspension of the Website or any service on this Site. The use by the Buyer of the Website after such changes indicates the acceptance of changes by the Buyer.
8.14. Claims of the Buyer regarding the quality of the Goods, the requirements for replacement or return of the Goods are considered by the Seller under condition that the Buyer provides a relevant payment document (receipt, merchandise or cash receipt) of the Goods
8.15. Claims of the Buyer regarding the quality of the Goods are not subject to satisfaction, if the defects of the Goods arose after the violation by the Buyer of the rules of using the Goods.
8.16. The period of acceptance of the offer regarding the conclusion of this Contract starts from the date of its publication on the Website and till December 31, 2022 inclusively.