Under this Agreement, one party, the Seller, on one hand, and any person who accepts the terms of this Agreement as a public offer, the Buyer, on the other hand, collectively referred to as the "Parties," have entered into this Agreement as a public offer (hereinafter - the Agreement), addressed to an unlimited number of persons, which is the Seller's official public offer to conclude purchase and sale agreements for Goods with Buyers, the photos of which are posted in the respective section of the Website https://irinatydnyuk.com.
Sellers intending to sell Goods through the Website https://irinatydnyuk.com, and Buyers purchasing Goods, the images of which are posted on the relevant pages of https://irinatydnyuk.com, accept the terms of this Agreement as specified below.
1. GENERAL PROVISIONS
1.1. Contractual relations between the Seller and the Buyer are formalized in the form of a public offer Agreement. Clicking the "PLACE AN ORDER" button on the Website https://irinatydnyuk.com in the relevant section means that the Buyer, regardless of their status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, accepts the terms of the public offer Agreement as specified below.
1.2. The public offer Agreement is public, which means that, in accordance with Articles 633 and 641 of the Civil Code of Ukraine, its terms are the same for all Buyers, regardless of their status (individual, legal entity, individual entrepreneur). By fully agreeing with this Agreement, the Buyer accepts the terms and procedure for placing an order, payment, and delivery of the Goods by the Seller, as well as responsibility for dishonest orders and non-compliance with the terms of this Agreement.
1.3. This Agreement shall enter into force upon clicking the "PLACE AN ORDER" button, whereby the Buyer agrees to purchase the Goods available from the Seller and shall remain in effect until the Buyer receives the Goods from the Seller and completes the settlement operation with them.
1.4. To regulate contractual legal relations under this Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, the consent to the binding nature of which has been granted by the Verkhovna Rada of Ukraine, establishes rules different from those established by Ukrainian legislation, the rules of the international treaty shall apply.
2. TERMS AND DEFINITIONS
"Public offer Agreement" - a public contract, a sample of which is posted on the Website https://irinatydnyuk.com and the application of which is mandatory for all Sellers, which contains the Seller's offer to purchase the Goods, the images of which are posted on the Website https://irinatydnyuk.com, directed to an unlimited number of persons, including Buyers.
"Acceptance" - the Buyer's acceptance of the Seller's offer to purchase the Goods, the images of which are posted on the Website https://irinatydnyuk.com, by adding it to the virtual cart and submitting the Order.
"Goods" - the subject of trade (product, model, accessory, components, and related items, any other trade item) for the purchase of which the Seller's offer is posted on the Website https://irinatydnyuk.com.
"Buyer" - any capable individual, legal entity, individual entrepreneur, in accordance with current international and Ukrainian legislation, who has visited the Website https://irinatydnyuk.com and intends to purchase this or other Goods.
"Seller" - any capable individual, legal entity, individual entrepreneur, in accordance with current international and Ukrainian legislation, who owns or distributes the Goods and intends to sell it through the Website https://irinatydnyuk.com.
"Order" - a properly executed application placed on the Website https://irinatydnyuk.com by the Buyer for the purchase of Goods, addressed to the Seller.
"Legislation" - the norms established by Ukrainian or international legislation for the regulation of contractual legal relations under the Agreement.
"Material Defect of the Goods" - a defect that makes it impossible or unacceptable to use the Goods for their intended purpose, arises due to the manufacturer's (Seller's) fault, and is detected again due to reasons independent of the consumer.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes, on the terms and in the manner specified by this Agreement, to sell the Goods based on the Order placed by the Buyer on the respective page of the website https://kotovich-lingerie.com, and the Buyer undertakes, on the terms and in the manner specified by this Agreement, to purchase the Goods and pay for them.
3.2. The Seller guarantees that the Goods have not been pledged, are not the subject of dispute, and are not under arrest, and there are no rights of third parties to them.
3.3. The Seller and the Buyer confirm that the existing Agreement is not a fictitious or conditional agreement or an agreement concluded under pressure or deception.
3.4. The Seller confirms that it has all the necessary permits to carry out economic activities that regulate the sphere of legal relations arising and operating in the process of executing this Agreement and also guarantees that it has the right to produce and/or sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to be responsible for any violations of the Buyer's rights in the process of executing this Agreement and selling the Goods.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The Seller undertakes:
- to fulfill the terms of this Agreement;
- to fulfill the Buyer's orders upon receipt of payment from the Buyer;
- to deliver the Goods to the Buyer in accordance with the selected sample on the respective page of the website https://irinatydnyuk.com, the placed order, and the terms of this Agreement;
- to check the qualitative and quantitative characteristics of the Goods during its packaging at the warehouse.
4.2. The Seller has the right:
- to unilaterally suspend the provision of services in accordance with this Agreement in case of the Buyer's violation of the terms of this Agreement.
5. RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The Buyer is obligated to:
- Pay for and receive orders in accordance with this Agreement;
- Familiarize themselves with the information about the Goods posted on the website https://irinatydnyuk.com;
- Upon receiving the Goods from the person who delivered it, inspect the integrity and completeness of the Goods by examining the contents of the packaging. In case of damage or incomplete packaging of the Goods, document these issues in an act, which should be signed by the person who delivered it to the Buyer.
5.2. The Buyer has the right to:
- Place an order on the respective page of the website https://irinatydnyuk.com;
- Demand the Seller to fulfill the terms of this Agreement.
6. ORDERING PROCEDURE
6.1. The Buyer independently places an order on the respective page of the website https://irinatydnyuk.com by adding items to the virtual cart using the "Add to Cart!" button or by placing an order via email or the phone number provided in the contact section of the website https://irinatydnyuk.com.
6.2. The order processing time is up to 4 working days from the moment of its placement. If the order is placed on a weekend or a holiday, the processing time starts from the first working day after the weekend.
7. CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The cost of each individual item is determined by the Seller and specified on the respective page of the website https://irinatydnyuk.com. The total contract price is determined by adding the prices of all selected items placed in the virtual cart and the cost of delivery, which is determined based on the delivery method according to the terms of section 8 of this Agreement.
7.2. The order price may change depending on the price, quantity, or product range.
7.3. The Buyer can pay for the order using the following methods:
- By bank transfer to the Seller's current account specified in the invoice, including via Internet banking (the Buyer pays for the order within three days from the date of receiving the invoice in the amount of 100% prepayment).
- Cash on delivery, with a prepayment as agreed with the Seller, with the remaining amount to be paid upon receiving the order at the delivery service representative office in Ukraine or in another country, depending on the place of order for the goods.
- By credit card of the following types:
- Visa Electron
- Mastercard Electronic
- Any other method as agreed with the Seller.
When the Buyer pays for an order with a payment card, an additional commission may be charged by the card issuer, especially when paying for European orders with cards like Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro. When clicking on the page of the website https://irinatydnyuk.com.