1.1. The actual offer, which is the official offer of an individual-entrepreneur Daria Plaksyuk (hereinafter – the “Seller”), to enters into a contract of sale of goods (hereinafter – the “Contract”) remotely through the online store located on the official Seller’s website “https://podyh.com/” (hereinafter – the “Website”).
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s proposals (acceptance) to enter into an electronic contract of sale of goods is the fact that the Buyer pays for the order under the terms of this Agreement, within the time and price specified on the Seller’s website.
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
“Goods” – clothing, accessories;
“Online store” – in accordance with the Law of Ukraine “On e-commerce”, a tool for presenting or selling goods, which works or services through e-commerce.
“Buyer” – an individual who enters into an Agreement with the Seller on the terms set out below.
“Order” – the choice of individual items from the list of goods specified by the Buyer when placing an order and payment.
3. SUBJECT OF THE CONTRACT
3.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement. This Agreement regulates the purchase and sale of goods in the Online Store, including:
voluntary choice by the Buyer of goods in the Online Store;
independent registration by the Buyer of the order in Online store;
payment by the Buyer of the order placed in the Online Store;
processing and delivery of the Buyer’s order under the terms of this Agreement.
4. ORDERING PROCEDURE
4.1. The Buyer has the right to place an Order for any Goods presented in the Online Store in the available quantity.
4.2. In the absence of the Goods in the warehouse, the Seller’s representative undertakes to notify the Buyer by phone or e-mail. In case of absence of positions in a warehouse the status “Out of stock” also serves.
4.3.In the absence of the Goods, the Buyer has the right to replace the Goods with a similar model, refuse the Goods or cancel the Order.
4.4. In the absence of the Goods, pre-ordering is possible, pre-order conditions will be indicated on the page of the Goods.
5. TERMS OF ORDER DELIVERY
5.1. Delivery of Goods purchased in the online store is carried out at the address of the Buyer specified in the order.
5.2. The terms and conditions of delivery are regulated in detail by the section “Delivery and returns” on the website of the online store, at https://podyh.com/en/delivery-and-returns/
6. RIGHRS AND OLIGATIONS
6.1. The Seller has the right to:
unilaterally suspend the provision of services under this agreement in case of violation by the Buyer of the terms of this agreement.
6.2. The buyer must:
timely pay and receive the Order under the terms of this agreement.
6.3. The buyer has the right to:
place an order in the online store;
draw up an electronic contract;
require the Seller to comply with the terms of this Agreement;
obtain the information about the Seller necessary for the provision of services under this Agreement
7.1. The Parties shall be liable for non-fulfillment or improper fulfillment of conditions under this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
7.2. The seller is not responsible for:
for a slight discrepancy between the color scheme of the goods, which may differ from the original product, solely due to the different color rendering of personal computer monitors, tablet and smartphone screens, etc.
for the content and truthfulness of the information provided by the Buyer when placing an order
for delays and interruptions in the provision of Services (processing of orders and delivery of goods), which arise for reasons beyond the scope of control of the Seller
for illegal actions performed by the Buyer through access to the Internet;
7.3. In case of force majeure, the parties are released from the terms of this agreement. Circumstances that irresistibly affect the terms of this agreement mean events of an extraordinary, unpredictable nature, which exclude or objectively interfere with the implementation of previous agreements, the occurrence of which the Parties could not foresee and prevent.
7.4. The parties shall make every effort to resolve any disputes solely through negotiations.
8.1. The online store reserves the right to unilaterally amend this agreement subject to its prior publication on the website at https://podyh.com/en/terms-and-conditions/
8.2. An online store is designed to provide a remote way of selling goods over the Internet.
8.3. The buyer is responsible for the accuracy of the information provided when placing an order. In this case, upon acceptance (ordering and subsequent payment for the goods) the Buyer gives the Seller his consent to the collection, processing, storage, use of his personal data, under the terms of the Law of Ukraine “On Personal Data Protection”.
8.4. Payment by the Buyer for the order placed in the Online Store means the Buyer’s full consent to the terms of the contract of sale (public offer)
8.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Art. 11 of the Law of Ukraine “On e-commerce”
8.6. The use of the online store resource for previewing the goods, as well as for placing an order for the Buyer is free of charge.
8.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the purpose of processing the order, sending messages to the Buyer, delivery of goods, settlements, etc.
9. RETURN OF GOODS
9.1. Return of goods to the online store is carried out in accordance with current legislation of Ukraine.
9.2. Return of goods to the Online Store is made at the expense of the Buyer.
9.3. When the Buyer returns the goods of proper quality, the Online Store returns to him the amount paid for the goods upon return of the goods.
9.4. The terms and conditions of return are regulated in detail by the relevant section “Delivery and returns” on the Seller’s website, at https://podyh.com/en/delivery-and-returns/
10. INTELLECTUAL PROPERTY RIGHTS
10.1. All content available on the Seller’s Online Store website, including, but not limited to, images, music, sounds, videos, documents, drawings, logos, menus, web pages, graphics, color schemes, tools, fonts, designs, charts, layouts, processes, functions and software (collectively referred to as “Content”) and the domain name “podyh.com” are the property of the Seller, unless otherwise stated, and are protected by national and international copyright laws and other intellectual property laws.
10.2. You may not reproduce, publish, distribute, modify, create derivative works based on or use in any way, in whole or in part, Content without the prior written consent of the Seller.
10.3. The Seller has the exclusive right to allow or prohibit at its discretion any reproduction, publication, distribution, demonstration, modification, creation of derivative works or use in any way, in whole or in part.
10.4. The Seller has the right at any time to claim authorship of any Content posted on the site, and to object to any use, distortion or other modification of such Content.
10.5. Any reproduction, publication, distribution, demonstration, modification, creation of derivative works or use in any way of Content directly permitted by the Seller in written form must be performed exclusively for lawful purposes and in accordance with all laws.
11. TERM OF THE CONTRACT
11.1 An electronic agreement is considered concluded from the moment the person who sent the proposal to enter into such an agreement receives a response to the acceptance of this proposal in the manner prescribed by part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.
11.2. Until the expiration of this Agreement may be terminated by mutual consent of the parties until the actual shipment of goods, by refund
11.3 The parties have the right to terminate this agreement unilaterally, in case of non-fulfillment by one of the parties of the terms of this Agreement and in cases provided by the current legislation of Ukraine.