THE PUBLIC AGREEMENT (THE OFFER) FOR ORDER, PURCHASE, SALE AND DELIVERY OF GOODS
This Agreement is an official and public offer of the Seller to conclude an agreement of purchase and sale of the Goods presented on www.alenristudio.com. This Agreement is public, that is, according to Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers, regardless of their legal status (physical entity, legal entity, sole proprietor) without giving preference to one buyer among others. By concluding this Agreement, the Buyer fully accepts the terms and conditions and procedure for placing an order, payment for goods, delivery of goods, return of goods, liability for an unfair order and other terms and conditions of the Agreement.
1. DEFINITION OF TERMS
1.1. The Public Offer (hereinafter referred to as the “Offer”) is a public offer of the Seller addressed to one or more specific persons to enter into an agreement of purchase and sale with the Seller remotely (hereinafter referred to as the “Agreement”) under the terms and conditions stated in this Offer.
1.2. The Goods are the objects of the agreement of the parties, which were selected by the Buyer on the Online Store website and placed in the shopping cart, or already purchased by the Buyer from the Seller remotely
1.3. The Online Store is the Seller’s website at www.alenristudio.com that was created for concluding retail and wholesale purchase and sale agreements on the basis of the Buyer’s acquaintance with the description of the Goods offered by the Seller via the Internet.
1.4. The Buyer is a legally capable physical entity who has attained the age of 18 years, receives information from the Seller, places any orders to purchase goods presented on the Online Store website for non-business purposes, or a legal entity, or a sole proprietor.
1.5. The Seller is ALENRi studio, represented by the individual entrepreneur Kkhal Rima Hannovna, date and number of entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations: 03.06.2021, 10000002072550 (or any legally capable individual, legal entity, individual entrepreneur who, in accordance with the applicable law, has the right to use the said Trademark, to distribute the goods in any way).
1.6. The Order is certain items of the Goods assortment list specified by the Buyer when placing a request form on the Seller’s website or ordered in any other remote way.
1.7. The Delivery is a direct transfer of the Goods from the Seller to the Buyer by an independent contractor who provides services to the Seller in accordance with a separate contract.
2. GENERAL PROVISIONS
2.1. The terms and conditions of this Agreement establish the procedure of interaction between the Online Store alenristudio.com and the Buyers of the Online Store alenristudio.com., in particular, between physical and legal entities who have placed an order via the “Shopping Cart” service located on the website www.alenristudio.com. (hereinafter referred to as the “website”).
2.2. This Agreement is concluded by full and unconditional adoption (acceptance) by the Buyer of the offer to enter into the Agreement comprehensively without signing a written copy of the Agreement by the Parties.
2.3. The moment of full and unconditional adoption by the Buyer of the Seller’s offer to enter into an agreement of purchase and sale of goods in electronic form is considered to be the fact of payment by the Buyer of the Order under this Agreement, within the terms and at the prices specified on the Seller’s website.
2.4. This Agreement has legal force in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.
2.5. The Seller and the Buyer provide mutual guarantees of their legal status and capacity necessary for the conclusion and performance of this Agreement.
2.6. By concluding this Agreement (i.e., accepting the terms of the offer by placing the Order), the Buyer confirms the following:
• The Buyer is fully and completely acquainted with and agrees to the terms and conditions of this Agreement (the Offer).
• It gives permission for the collection, processing and transfer of personal data, which is valid throughout the Agreement duration period, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that he is informed (without additional notice) about the rights established by the Law of Ukraine “On Personal Data Protection”, the purposes of data collection, and that his personal data is transferred to the Seller in order to be able to fulfill the terms and conditions of this Agreement, to be able to make mutual settlements, as well as to receive invoices, certificates and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notice to the Buyer, without changing the purpose of personal data processing. The scope of the Buyer’s rights as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood by him. The Buyer, by informing the Seller of his telephone number and e-mail, agrees to the use of these means of communication by the Seller, as well as third parties involved in the fulfillment of obligations to the Buyer. The data may be used to disseminate information about the transfer of the order for delivery, as well as other information directly related to the fulfillment of obligations to the Buyer under this Public Offer. Also, the data provided by the Buyer may be used for the distribution of advertising actions, news about promotions, discounts, and other actions of the Seller.
• By placing an order, the Buyer agrees that the Seller may entrust the fulfillment of the Agreement to a third party, while remaining responsible for its fulfillment.
2.7. This review of the Agreement is available at www.alenristudio.com.
2.8. The Agreement may be changed without prior notice to the Buyer.
2.9. The renewed agreement comes into force from the moment of its placement on the website (unless otherwise provided in the renewed agreement).
3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is the opportunity provided to the Buyer to purchase the Goods presented in the Online Store catalog for personal needs, not related to business activities.
3.2. The Seller ensures the availability of the Goods presented in the Online Store.
3.3. Photographs of the Goods are illustrations to them, and the actual appearance of the Goods may differ from these photographs.
3.4. Descriptions and specifications providing for Goods are not exhaustive and may contain typographical inaccuracies.
3.5. In order to clarify the information about this Goods, the Buyer may at any time contact the Seller by phones listed on the website.
4. PRICE OF GOODS
4.1. The price for each item of the Goods is indicated on the Online Store website and includes all taxes provided by the Ukrainian legislation. The price of the Goods is indicated in EUR and converted into hryvnia equivalent according to the official exchange rate of the National Bank of Ukraine on the date of order.
4.2. The Seller has the right to unilaterally change the price for any item of the Goods.
4.3. In case of change in the price of the ordered Goods, the Seller undertakes to inform the Buyer about the change in the price of the Goods.
4.4. The Buyer has the right to confirm or cancel the Order to purchase the Goods, if the price is changed by the Seller after placing the Order.
4.5. It is impossible for the Seller to change the price of the Goods paid by the Buyer.
4.6. The Seller indicates the cost of delivery of the Goods on the Online Store website or notifies the Buyer when placing an order with the operator.
4.7. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment of receipt of funds on the Seller’s account.
4.8. The cost of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is additionally paid by the Buyer in accordance with the current tariffs of delivery services (carriers). The cost of delivery is indicated on the Online Store website in the “Information” section.
4.9. Payments between the Seller and the Buyer for the Goods are made in the ways specified on the Online Store website in the “Information” section.
5. PLACING AN ORDER
5.1. The Buyer has the right to place an order for any good presented on the Online Store website www.alenristudio.com. Orders can be placed on the Online Store website, via Instagram – @alenri_brand – and by the contact phone number listed in the “Information” section.
5.2. When placing an order on the Online Store website, the Buyer undertakes to provide the following information:
5.2.1. last name, first name, patronymic of the Buyer or the person (the receiver) specified by him;
5.2.2. the address to which the Goods should be delivered (if delivery should be made to the Buyer’s address);
5.2.3. an e-mail address;
5.2.4. a contact phone.
5.3. The name, quantity, article, price of the Good selected by the Buyer are indicated in the Buyer’s shopping cart on the Online Store website.
5.4. If the Seller needs additional information, he has the right to request it from the Buyer. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when buying goods in the Online Store.
5.5. The Buyer is fully responsible for providing invalid data, which made it impossible for the Seller to fulfill its obligations to the Buyer.
5.6. After placing an order, the information on confirming the order will be received by an e-mail specified by the Buyer.
6. DELIVERY OF GOODS TO THE BUYER
6.1. Methods, procedure and terms of delivery of goods are listed on the website in the “Information” section.The delivery of goods is carried out by the employees of the Online Store using its own resources according to the conditions of delivery, or with involvement of the third parties (a carrier).
6.2. The delivery of goods is carried out by the employees of the Online Store using its own resources according to the conditions of delivery, or with involvement of the third parties (a carrier).
6.3. Upon receipt of the goods, the Buyer must, in the presence of a representative of a courier (a courier service/a carrier), check the compliance of the Goods with qualitative and quantitative characteristics (name of goods, quantity, completeness).
6.4. Accepting the Goods, the Buyer confirms with his signature in the sale receipt and/or ordering form for delivery of goods that has no claims to the quantity, appearance and completeness of goods.
6.5. The ownership and the risk of unintentional loss or damage to the Goods passes to the Buyer from the moment the Buyer receives the Goods at the place of delivery of the Goods in case of delivery of the Goods using own resources from the Seller, or during the transfer of the Goods by the Seller to the delivery service (a courier service/a carrier) selected by the Buyer.
7. EXCHANGE AND RETURN OF GOODS
7.1. Exchange and return of the goods of proper quality:
7.1.1. The Buyer has the right to exchange and return to the Seller non-food goods of proper quality, if the goods did not satisfy him in shape, dimensions, style, color, size, or for some other reasons cannot be used for its intended purpose. The Buyer has the right to return the goods of proper quality within fourteen (14) days, not including the day of purchase. The return of the goods of proper quality is carried out if it has not been used and if its marketable state, consumer performance, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment of the Goods are preserved. The list of goods that are not subject to return on the grounds specified in this clause is approved by the Cabinet of Ministers of Ukraine, including underclothes, bodysuits, swimsuits, nightclothes, nightwear, hosiery and socks.
7.1.2. When the Buyer returns the goods of proper quality, the Online Store repays to him the money paid for the goods after the fact of return of the goods subject to deduction of compensation for the costs of the Online Store related to the delivery of goods to the Buyer.
7.1.3. The repayment to the Buyer of the cost of the goods of proper quality is made within ten (10) banking days from the date of receipt of such Goods by the Seller, subject to compliance with the requirements of clause 7.1. of the Agreement and the current legislation of Ukraine. The cost of the goods is subject to repay in the same way by which the Buyer made a payment for the returned goods.
7.1.4. The return of the Goods of proper quality to the address of the Seller is made at the expense of the Buyer and the Seller does not reimburse such expenses to the Buyer.
7.2. The return of non-conforming goods:
7.2.1. The non-conforming goods means the goods which cannot provide performance of its functional qualities. The difference between the elements of design, color or appearance from those stated in the description on the website is not a sign of poor quality of the Goods and/or the inability to use it for its intended purpose.
7.2.2. After receiving the Order, any claims for visual defects of the Goods, its quantity, completeness and appearance are not accepted.
7.2.3. If the non-conforming Goods have been transferred to the Buyer, the Buyer has the right to demand a repayment of paid funds in accordance with the Law of Ukraine “On Protection of Consumers’ Rights”.
7.2.4. In case of detection of defects in the Goods during the stated warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to make the claims stipulated by the Law of Ukraine “On Protection of Consumers’ Rights” to the Seller. When making claims for free of charge elimination of defects, the deadline for their elimination is stated from the date of receipt of the Goods by the Seller at hand and physical access to such Goods.
7.2.5. The review of claims stipulated by the Law of Ukraine “On Protection of Consumers’ Rights” is carried out by the Seller on conditions that the Buyer provides the documents required by the current legislation of Ukraine.
7.3. The Buyer has no right to refuse the good of proper quality with individually defined properties, if the good can be used only by the Buyer who purchased it (including non-standard sizes, characteristics, appearance, assembly and all that at the request of the Buyer). The confirmation that the good has individually defined properties is the difference between the size of the good and other characteristics specified in the Online Store.
7.5. The return of goods, in cases provided by the law and this Agreement, is carried out to the address specified on the website in the “Information” section.
8.CONFIDENTIALITY AND PROTECTION OF INFORMATION
8.1. The Buyer’s personal data is processed in accordance with the Law of Ukraine “On Personal Data Protection”.
8.2. Any personal data is collected exclusively for compliance with the requirements governing legal relations in the field of accounting and tax treatment, and also advertising.
9. RESPONSIBILITY OF THE PARTIES
9.1. The Parties shall be responsible for non-performance or improper performance of the terms and conditions of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
9.2. The Seller shall be not responsible for:
• a slight deviation in the color of the good, which may differ from the original good only due to the different color of the transmission of personal computer monitors and phone screens of certain models;
• the content and reliability of the information provided by the Buyer when placing an order;
• delays and interruptions in the provision of Services (the order processing and delivery of goods), which occur for reasons beyond its control;
• illegal unlawful actions performed by the Buyer through the provided access to the Internet;
• for damage caused to the Buyer or third parties as a result of improper use, storage of the Goods purchased from the Seller.
9.3. The Buyer, using the access to the Internet provided to him, is solely responsible for the damage caused by his actions (personally, even in the case when his login was used by another person) to persons or their property, legal entities, the state or moral principles.
9.4. In case of force majeure, the parties are excused from fulfilling terms and conditions of this Agreement. Force majeure for the purposes of this Agreement means events of an extraordinary, unpredictable nature that exclude or objectively impede the fulfillment of this Agreement, the occurrence of which the Parties could not foresee and prevent in reasonable ways.
10. COPYRIGHTS
10.1. All textual information and graphic drawings posted on the Online Store website (alenristudio.com.) are the property of the Seller and/or his authorized representatives, suppliers and manufacturers of the Goods.
10.2. ALENRi studio trademark is the property of the Seller and is protected in accordance with the Law of Ukraine “On Copyright and Related Rights” and other legislation of Ukraine.
11. OTHER TERMS AND CONDITIONS
11.1. The Seller has the right to transfer its rights and obligations to Buyers to third parties.
11.2. The Online Store and related services may be temporarily/partially or completely unavailable due to routine maintenance or other technical reasons. The Technical Service Unit of the Seller has the right to periodically carry out the necessary routine maintenance or other work without notifying the Buyers.
11.3. The provisions of the legislation of Ukraine shall apply to the relations between the Buyer and the Seller.
11.4. In case of questions and complaints from the Buyer, he must contact the Seller by the phones listed on the Online Store website. The parties must try to resolve all emergent disputes through negotiations. If the parties do not reach an understanding, the dispute will be referred to a court in accordance with the current legislation of Ukraine.
12. Company details:
Individual entrepreneur Kkhal Rima Hannivna Registration number of the taxpayer’s account card 3294419945
Tax address: 18021 , Cherkassy region, Cherkassy, 55 Gagarina str., bldg. 152 Phone (068) 213 43 61 IBAN UA203052990000026206744928687 (UAH) in JSC CB “PRIVATBANK” Single tax payer of group 2, VAT non-payer.