OFFER AGREEMENT
1. DEFINITION OF TERMS
1.1. For the purposes of this public sale and purchase agreement, the following terms shall have the following meanings:
1.1.1. Agreement - this public sale and purchase agreement, which provides for the sale of the Goods at a distance to an unlimited number of Buyers by means of remote communication (Internet) through the Domdrich Atelier online store, posted on the website: domdrichatelier.com
1.1.2. Goods - non-food consumer goods (clothing, footwear, leather goods, accessories, etc.), which are offered for sale at a distance by means of remote communication (Internet) in the Domdrich Atelier online store under the terms of this Agreement.
1.1.3. The Seller is the Domdrich Atelier online store located on the website: domdrichatelier.com. The location, contact details and working hours of the Seller are indicated in the lower section of the Welcome section of the website: domdrichatelier.com of the online store "Domdrich Atelier" (FOP Dobrozhanska O.S., TIN 3050817546, IBAN: UA673052990000026002014908218 Bank name: JSC CB "PRIVATBANK", Address: 65091, Odesa, 25 Panteleimonivska St., floor 4, office 14, domdrichatelier@gmail.com, +380 733734377)
1.1.4. The Buyer is any legally capable person who, in the manner prescribed by this Agreement, has fully accepted (accepted) all its terms and conditions without exception.
1.1.5. The Recipient of the Goods is any legally capable person designated by the Buyer in the relevant Order for the Goods as the recipient of the Goods.
1.2. For the purposes of this Agreement, all terms specified in clause 1.1. of this Agreement shall be used exclusively in the meaning specified in clause 1.1. of this Agreement, regardless of the use of these terms in the singular or plural, or in other grammatical forms, cases and/or constructions.
1.3. All other terms not specifically defined in this Agreement shall be perceived and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, business practices, as well as the purpose and subject matter of this Agreement.
2. SUBJECT OF THE CONTRACT
2.1. In the manner and under the conditions established by this Agreement, the Seller undertakes to transfer the Goods selected by the Buyer to the Buyer, and the Buyer undertakes to accept and pay for the Goods in the manner and under the conditions established by this Agreement.
2.2. The ownership of the Goods shall be transferred to the Buyer at the time of delivery (transfer) of the Goods and subject to full payment by the Buyer of the cost of the Goods in the manner and on the terms established by this Agreement.
3. SELECTION OF GOODS AND THE PROCEDURE FOR CONCLUDING A CONTRACT
3.1. The Buyer independently and at his own discretion selects the available and offered for sale Goods in the Domdrich Atelier online store, clicks the "Add to Cart" button and independently fills out and sends the "Ordering" form to the Seller, in which, in particular, he must indicate his surname, name and patronymic his contact phone number, his e-mail address, the chosen payment method, the chosen method and the desired place of delivery of the Goods (if the Buyer wishes to receive the Goods with delivery), the surname, name and patronymic of the recipient of the Goods (if the Recipient of the Goods will receive the Goods).
3.2. After filling out the "Ordering" form, the Buyer must carefully read all the terms of this Agreement, and in case of acceptance (acceptance) of these terms in full, clicks the "Go to payment" button, which is considered the fact that the Buyer has sent the corresponding Order for the selected Goods.
3.3 This Agreement is considered concluded, and the Seller's offer to conclude this Agreement (offer) is fully accepted (accepted) by the Buyer from the moment the Buyer clicks the "Go to payment" button on the website: domdrichatelier.com of the Domdrich Atelier online store.
3.4. By clicking on the "I agree to the user agreement" button, the Buyer confirms his full and complete agreement with all the terms of this Agreement without exception, including the terms of delivery and payment for the Goods at the prices indicated on the website: domdrichatelier.com of the Domdrich Atelier online store as of the date of the Buyer's conclusion of this Agreement.
3.5. By clicking on the "Go to payment" button, the Buyer confirms that he has been duly notified by the Seller in a convenient and accessible way in accordance with the requirements of Part 2 of Article 13 of the Law of Ukraine "On Protection of Consumer Rights" about - the full name, identification code, location, mode of operation, e-mail address of the Seller; - the main characteristics and consumer properties of the Goods selected by the Buyer; - the cost of the Goods selected by the Buyer, including all taxes and fees, as well as the cost of its delivery to the Buyer; - the method, procedure and terms of payment and delivery of the Goods selected by the Buyer; - warranty obligations of the Seller and other services related to the maintenance or repair of the Goods selected by the Buyer (if any); - warranty period and service life of the Goods selected by the Buyer, mandatory conditions for the use of the Goods and possible consequences in case of their non-fulfillment; - procedure for accepting claims; - period of acceptance of the offer (offer) to conclude this public Agreement; - procedure for termination of this Agreement; - other conditions under which the Goods are offered for sale.
3.6. By clicking on the "Proceed to Payment" button, the Buyer confirms that he has received all the necessary, accessible, reliable and timely information about the selected Goods in full and properly in accordance with the requirements of Article 15 of the Law of Ukraine "On Consumer Protection", which fully ensured the possibility of conscious and competent choice of this Goods.
3.7. The Buyer's clicking on the "Go to payment" button is considered unconditional and complete acceptance by the Buyer of all the terms of this Agreement without exception, as well as entry into the relevant contractual legal relationship with the Seller.
3.8. In cases provided for by the current legislation of Ukraine or at the request of the Buyer, this Agreement shall be concluded in writing.
3.9.The term for processing and execution by the Seller of the Order for the Goods sent by the Buyer is up to 2 (Two) working days from the date of filling and sending by the Buyer in the manner prescribed by clauses 3.1.-3.2. of this Agreement, the form of such an Order for the Goods. If the specified Order for the Goods was sent by the Buyer on a weekend or a holiday, the term for processing and processing of this Order for the Goods begins on the first business day after the weekend or holiday.
3.10. The Order for the Goods, filled out and sent by the Buyer in the manner prescribed by clauses 3.1.-3.2. of this Agreement, shall be executed by the Seller on the appropriate form (paper) in two original copies. The first copy of the executed Order form for the Goods shall be transferred by the Seller to the Buyer or the Recipient of the Goods together with the ordered Goods at the time of its delivery (transfer), the second shall be signed by the Buyer or the Recipient of the Goods and shall remain with the Seller.
3.11.During the period established by clause 3.9. of this Agreement, the Seller undertakes - assign a serial number to the Order for the Goods sent by the Buyer; - send an automatic e-mail message to the e-mail address specified by the Buyer in this Order for the Goods, which indicates - the serial number of this Order for the Goods assigned by the Seller; - information on the delivery time of the Goods ordered by the Buyer (if the Buyer ordered the Goods with delivery); - terms and procedure for the exchange (return) of the Goods; - the name of the Seller, its location and the procedure for accepting a claim for the Goods; - warranty obligations and information on other services related to the maintenance or repair of the Goods; - the procedure for terminating the Agreement.
3.12. If the Buyer in the Order for the Goods has chosen a non-cash method of payment for the Goods, then within the period established by clause 3.9. of this Agreement, the Seller undertakes to send an invoice for payment for the Goods ordered by the Buyer to the e-mail address specified by the Buyer in such Order for the Goods.
3.13. The Buyer has the right, by notifying the Seller, to unilaterally withdraw from this Agreement during the entire period from the moment of its conclusion (acceptance by the Buyer of the Seller's offer) and until the actual receipt of the ordered Goods.
4. RIGHTS AND OBLIGATIONS
4.1 The Buyer has the right to:
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 defective or incomplete Goods or Goods that do not correspond to the Order for such Goods;
4.1.3. in case of detection of defects of the purchased Goods within the established warranty period, demand from the Seller - either a proportional reduction in the price of the Goods, or free elimination of defects of the Goods, or reimbursement of expenses for elimination of defects of the Goods;
4.1.4. in case of detection during the established warranty period of significant defects in the Goods that arose through the fault of the Seller - either terminate this Agreement or demand the exchange (replacement) of the purchased Goods for the same Goods of good quality or for other similar Goods offered for sale in the Domdrich Atelier online store;
4.1.5. withdraw from this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;
4.1.6. terminate this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;
4.1.7. in case of termination or withdrawal from this Agreement, demand from the Seller a refund of the money paid for the Goods;
4.1.8. exercise other rights provided for by this Agreement and the norms of the current legislation of Ukraine.
4.2. The Buyer undertakes:
4.2.1. properly and fully fulfill all its obligations under this Agreement;
4.2.2. before entering into this Agreement, carefully read its terms and conditions, as well as familiarize themselves with the cost of the Goods offered for sale in the Domdrich Atelier online store, the methods and procedure for its payment;
4.2.3. before concluding this Agreement, carefully read the cost and methods of delivery of the Goods on the "Delivery" page on the website: domdrichatelier.com, the Domdrich Atelier Online Store domdrichatelier.com/shipping.
4.2.4. in the manner and under the conditions established by this Agreement, accept the ordered quality and complete Goods;
4.2.5. pay the cost of the ordered Goods within the terms, in the manner and on the conditions established by this Agreement;
4.2.6. during the warranty period to keep the relevant payment document (receipt, sales or cash receipt) confirming the sale (transfer) of the Goods;
4.2.7. fulfill other obligations stipulated by this Agreement and the norms of the current legislation of Ukraine.
4.3. The Seller has the right to:
4.3.1. to conduct Sales and offer Promotional Offers, which provide a temporary opportunity to purchase the Goods on more favorable terms than usual;
4.3.2. 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. properly and fully fulfill all its obligations under this Agreement;
4.4.2. provide the Buyer with complete and accurate information about the Goods and their price by posting this information on the website: domdrichatelier.com of the Domdrich Atelier Online Store;
4.4.3. provide the Buyer with complete and accurate information about the cost and methods of delivery of the Goods by posting this information on the "Delivery" page on the website: domdrichatelier.com of the Domdrich Atelier Online Store domdrichatelier.com/shipping;
4.4.4. within the terms, in the manner and on the conditions established by this Agreement, ensure the delivery of the Goods ordered by the Buyer to the place specified by the Buyer and in the manner chosen by the Buyer in the relevant Order for such Goods;
4.4.5. within the terms, in the manner and under the conditions established by this Agreement, ensure the transfer (delivery) to the Buyer or the Recipient of the Goods of the quality and complete Goods ordered by the Buyer in proper packaging, as well as transfer together with the Goods all the documents specified in clause 6.10. of this Agreement;
4.4.6. at the request of the Buyer, exchange (replace) the Goods of inadequate quality purchased by him for the same Goods of good quality or for another similar Goods from among the Goods available for sale on the website domdrichatelier.com of the Domdrich Atelier online store;
4.4.7. in case of termination or withdrawal of the Buyer from this Agreement, return the funds paid for the Goods within the terms, in the manner and on the conditions established by this Agreement;
4.4.8. to fulfill other obligations stipulated by this Agreement and the norms of the current legislation of Ukraine.
5. COST OF GOODS AND PAYMENT PROCEDURE
5.1. The cost of the Goods offered for sale in the Domdrich Atelier online store is indicated on the website: domdrichatelier.com of the Domdrich Atelier Online Store (an integral part of this Agreement) and is set in the manner prescribed by the current legislation of Ukraine.
5.2. The cost of the Goods offered for sale in the Domdrich Atelier online store includes all taxes, fees and any other, including non-tax, mandatory payments.
5.3. The Seller has the right to conduct seasonal or any other types of sales of the Goods offered for sale in the Domdrich Atelier online store (hereinafter referred to as the Sale). In this case, the Seller shall additionally indicate the following information on the website domdrichatelier.com of the Domdrich Atelier Online Store (an integral part of this Agreement)
- which groups of Goods are put up for sale;
- the duration of the Sale, indicating the start and end date of the Sale;
- the usual cost of the Goods put up for sale and their cost for the period of the Sale.
5.4. The Seller has the right to offer the Buyers to purchase several Goods or a combination of them at once, as well as to offer the Buyers, in case of purchase of a specific Goods determined by the Seller, to purchase another Goods determined by the Seller at a reduced price (hereinafter referred to as Promotional Offers). In this case, the Seller on the website: domdrichatelier.com of the Domdrich Atelier online store must additionally indicate the following information (an integral part of this Agreement)
- the content and cost of the Promotional Offer, and in case of the offer to purchase several Goods or their combination for one price, the cost of such Goods for each separately;
- terms of acceptance of the Promotional Offer, in particular, the term of its acceptance, as well as any restrictions on its acceptance, including restrictions on the number of Goods offered for purchase on such terms.
5.5. The cost of the Goods ordered by the Buyer shall be equal to the cost of the Goods specified on the website for this Buyer: domdrichatelier.com of the Domdrich Atelier online store as of the date of conclusion of this Agreement by this Buyer (acceptance by this Buyer of the Seller's offer), taking into account the reduction in the usual cost of this Goods as a result of the Promotional Offers and/or Sales introduced by the Seller (if they are held at the time of conclusion of this Agreement by the Buyer).
5.6. From the moment the Buyer enters into this Agreement (the Buyer accepts the Seller's offer), the Seller shall not have the right to change or otherwise revise the cost of the Goods ordered by the Buyer, as well as the cost of its delivery, in any way and under any circumstances.
5.7. By filling out the "Place an order" form, the Buyer, at his own discretion, chooses one of the payment methods specified in the "Payment" section on the website: domdrichatelier.com of the Domdrich Atelier Online Store domdrichatelier.com /payment (an integral part of this Agreement) of the methods of payment for the cost of the Goods ordered by him.
5.8. Failure of the Buyer to fulfill its obligations to pay for the Goods ordered by it is considered a unilateral refusal of the Buyer from this Agreement in full, which, accordingly, entails the termination in full of all obligations of the Seller arising from the Buyer's acceptance of the Seller's offer to conclude this Agreement.
5.9. All payments under this Agreement shall be made exclusively in the national currency of Ukraine.
6. DELIVERY AND DELIVERY (TRANSFER) OF GOODS
6.1. If the Buyer has ordered the Goods without delivery, he/she can independently receive the Goods ordered by him/her at the Seller's address specified in the "Contacts" section on the website: domdrichatelier.com of the Domdrich Atelier online store domdrichatelier.com/contact.
6.2. If the Buyer has ordered the Goods with delivery, the Seller undertakes within the period specified in the relevant automatic electronic message about the processing of the Buyer's Order for the Goods, but in any case no later than 30 (Thirty) calendar days from the date of conclusion by the Buyer of this Agreement (acceptance by the Buyer of the Seller's offer) to deliver the Goods to the Buyer or the Recipient of the Goods and transfer the ordered Goods to the place of delivery of the Goods specified by the Buyer in the relevant Order for the Goods.
6.3. The Goods shall be delivered by the Seller in the manner and to the place specified by the Buyer in the relevant Order for the Goods.
6.4. The recipient of the Goods ordered by the Buyer is the Buyer or the Recipient of the Goods.
6.5. Information on the cost and possible methods of delivery of the Goods (an integral part of this Agreement) is contained on the "Delivery" page on the website: domdrichatelier.com - the Domdrich Atelier store domdrichatelier.com/shipping.
6.6. Delivery of the Goods ordered by the Buyer shall be carried out by the Seller by its own forces or by means of the delivery service of Nova Poshta LLC, depending on the place and method of delivery specified by the Buyer in the relevant Order for the Goods.
6.7. Delivery and delivery (transfer) of the ordered Goods by means of the delivery service of Nova Poshta LLC is carried out under this Agreement in accordance with the terms of delivery of goods established by Nova Poshta LLC.
6.8. The Goods shall be delivered (transferred) to the Buyer or the Recipient of the Goods in packaged form.
6.9. Together with the Goods, the Seller undertakes to transfer to the Buyer or the Recipient of the Goods:
- one copy of the Order form for the Goods, executed by the Seller in accordance with the requirements of the current legislation of Ukraine, sent by the Buyer in the manner prescribed by clauses 3.1.-3.2. of this Agreement;
- the relevant payment document of the established form (receipt, sales or cash receipt) with a note on the date of sale (date of transfer) of the Goods and indicating the date of payment for the Goods;
- instructions for the care of the Goods;
6.10. Delivery (transfer) of the ordered Goods to the Buyer or the Recipient of the Goods is carried out exclusively under the following conditions
- payment by the Buyer of one hundred percent of the cost of such Goods in the manner and on the terms established by this Agreement;
- presentation by the Buyer or the Recipient of the Goods of a document proving his/her identity;
- signing by the Buyer or the Recipient of the Goods of the second copy of the Order for the Goods issued by the Seller, sent by the Buyer in accordance with the procedure established by clauses 3.1.- 3.2. of this Agreement.
6.11. If the ordered Goods are of high quality, complete and fully comply with the relevant Order for this Goods sent by the Buyer, the Buyer or the Recipient of the Goods shall sign the second copy of the Order form for the Goods and hand it over to the Seller or a representative of Nova Poshta LLC.
6.12. If the ordered Goods do not correspond to the corresponding Order for this Goods sent by the Buyer or the Goods are of poor quality, incomplete or have any defects, the Buyer has the right, at his/her sole discretion
- either withdraw from this Agreement
- or demand the exchange (replacement) of this Goods for the same Goods of good quality in accordance with the Order for the Goods sent by the Buyer or for other similar Goods from among the Goods available for sale in the Domdrich Atelier online store.
6.13. The signature of the Buyer or the Recipient of the Goods on the second copy of the Order form for the Goods is an unconditional confirmation of the following facts
- receipt of the ordered Goods by the Buyer;
- compliance of the ordered Goods with the Order for this Goods sent by the Buyer;
- the Buyer has no claims regarding the quality and completeness of the ordered Goods.
6.14. The risk of accidental destruction, loss or damage to the ordered Goods shall be transferred to the Buyer from the moment of delivery (transfer) of this Goods to the Buyer or the Recipient of the Goods.
6.15. This Agreement shall be deemed fulfilled upon delivery (transfer) to the Buyer or the Recipient of the Goods of the complete Goods ordered by the Buyer of good quality, which fully complies with the Order for this Goods sent by the Buyer.
6.16. The refusal of the Buyer or the Recipient of the Goods to accept the ordered Goods, which are of good quality, complete and fully comply with the Order for this Goods sent by the Buyer, and/or the refusal of the Buyer or the Recipient of the Goods to sign the second copy of the completed Order form for this Goods is considered a unilateral refusal of the Buyer from this Agreement in full, which, accordingly, entails the termination in full of all obligations of the Seller arising from the Buyer's acceptance of the Seller's offer to conclude this Agreement, including
7. QUALITY OF THE GOODS, WARRANTY OBLIGATIONS, PROCEDURE FOR FILING AND SATISFACTION OF THE BUYER'S CLAIMS
7.1. The Seller undertakes to transfer to the Buyer the Goods ordered by him of good quality, suitable for use for the purpose for which such Goods are usually used.
7.2. The quality of the Goods must meet the requirements established for this category of Goods in the relevant laws and regulations and regulatory documents.
7.3. The Seller shall ensure the proper use by the Buyer of the Goods purchased by him during the warranty period established by the laws and regulations, regulatory documents and Warranty obligations (an integral part of this Agreement).
7.4. The warranty period begins to run from the date of delivery (transfer) of the ordered Goods to the Buyer.
7.5. For seasonal goods (clothing, fur and other products), the warranty period shall be calculated from the beginning of the relevant season, which is established by the Cabinet of Ministers of Ukraine.
7.6. If the Buyer exchanges the Goods of good quality or exchanges (replaces) the Goods with significant defects, its warranty period shall be calculated anew from the date of exchange of the Goods of good quality or from the date of exchange (replacement) of the Goods with significant defects.
7.7. The warranty period shall be extended by the period of free elimination of defects in the Goods by the Seller. The said period shall be calculated from the day when the Buyer handed over the Goods to the Seller to eliminate its defects.
7.8. In case of detection during the established warranty period of defects in the purchased Goods, the Buyer has the right to demand:
- a proportional reduction in the price of the Goods;
- free elimination of defects in the Goods;
- reimbursement of expenses for elimination of defects of the Goods.
7.9. In case the Buyer makes a claim for free elimination of defects in the Goods, such defects must be eliminated by the Seller within 14 (Fourteen) days from the date of receipt of the defective Goods by the Seller or within another period by mutual agreement of the Seller and the Buyer.
7.10. In case of detection during the established warranty period of defects in the purchased Goods, the Buyer has the right, at his own discretion, to present to the Seller one of the requirements provided for in clause 7.8. of this Agreement, and in case of non-fulfillment - to declare another requirement, which is also contained in the list of clause 7.8.
7.11. In case of detection during the established warranty period of significant defects in the Goods that arose through the fault of the Seller, or detection of facts of falsification of the Goods, confirmed, if necessary, by an expert opinion, the Buyer has the right at his option
- terminate this Agreement;
- demand the exchange (replacement) of the Goods with significant defects or falsified Goods for the same Goods of good quality or for other similar Goods, from among the Goods available for sale in the Domdrich Atelier online store with the corresponding transfer of the cost of the Goods in accordance with the current legislation of Ukraine.
7.12. In case of detection during the established warranty period of significant defects in the purchased Goods, the Buyer has the right, at his own discretion, to submit to the Seller one of the requirements provided for in clause 7.11. of this Agreement, and in case of non-fulfillment - to declare another requirement, which is also contained in the list of clause 7.11.
7.13. The claims provided for in clauses 7.8. and 7.11. of this Agreement shall be considered by the Seller subject to the presentation by the Buyer of the relevant payment document of the established form (receipt, sales or cash receipt) with a note on the date of sale (date of transfer) of the Goods.
7.14. The Buyer's claims provided for in clauses 7.8. and 7.11. of this Agreement shall not be satisfied if the Seller proves that the defects of the Goods arose as a result of violation by the Buyer of the rules for using the Goods or the conditions of its storage.
8. EXCHANGE AND REPLACEMENT OF GOODS
8.1. The Buyer has the right within 14 (Fourteen) working days from the date of receipt of the ordered Goods of good quality (excluding the day of receipt of the Goods) to exchange this Goods for another similar Goods from the Seller, if the received Goods did not satisfy the Buyer in shape, size, style, color, size or for other reasons, or the Goods cannot be used by the Buyer for their intended purpose.
8.2. The Goods of good quality shall be exchanged if they have not been used and if their presentation, consumer properties, seals and labels are preserved.
8.3. The list of Goods that are not subject to exchange and return on the grounds specified in clause 8.1. of this Agreement is approved by the Cabinet of Ministers of Ukraine.
8.4. The exchange of the Goods of good quality, as well as the exchange (replacement) of the Goods with significant defects, is carried out by the Seller on the basis of a written application of the Buyer, delivered personally to the Seller's representative or sent to the Seller's address indicated in the "Conatcts" section of the website: domdrichatelier.com of the Domdrich Atelier online store.
8.5. The Buyer's requirements for the exchange of Goods of good quality, as well as the Buyer's requirements for the exchange (replacement) of Goods with significant defects, if the Seller has the Goods necessary for the exchange or replacement, shall be immediately satisfied by the Seller, but in any case no later than 14 (Fourteen) working days from the date of receipt of the application specified in clause 8.4. of this Agreement from the Buyer.
8.6. The exchange of the Goods of good quality, as well as the exchange (replacement) of the Goods with significant defects, is carried out by the Seller if the Buyer has the appropriate payment document of the established form (receipt, sales or cash receipt) confirming the sale of the Goods to the Buyer, with a note on the date of sale (date of transfer) of the Goods.
8.7. If at the time of the Buyer's request to the Seller to exchange the Goods of good quality for another similar Goods, the Goods required by the Buyer for the exchange are not on sale in the Domdrich Atelier online store, the Buyer has the right
- or exchange the purchased Goods for any other Goods from among the Goods available for sale in the Domdrich Atelier online store with the corresponding transfer of the value of the Goods in accordance with the current legislation of Ukraine;
- or terminate this Agreement in the manner prescribed by Section 9 of this Agreement.
- or to exchange the received Goods for another similar Goods at the first receipt of its receipt for sale in the Domdrich Atelier online store. In this case, the Seller undertakes to notify the Buyer on the day of receipt of such Goods for sale.
8.8. The Buyer's return of the Goods of good quality, as well as the Buyer's return of the Goods with significant defects in connection with the exchange or replacement of such Goods shall be carried out in the manner prescribed by Section 10 of this Agreement.
9. PROCEDURE FOR TERMINATION OF THE AGREEMENT
9.1. The Buyer has the right to terminate this Agreement within 14 (Fourteen) working days from the date of receipt of the ordered Goods, as well as in other cases provided for by this Agreement and the norms of the current legislation of Ukraine, by notifying the Seller in the manner prescribed by clause 9.2. of this Agreement.
9.2. The Buyer's application for a refund of the funds paid for the Goods, sent to the Seller in the manner prescribed by clause 11.1. of this Agreement, shall be considered a notice of termination of this Agreement.
9.3. This Agreement shall be deemed terminated from the moment the Seller receives the Buyer's application for a refund of the funds paid for the Goods.
9.4. In order to exercise its right to terminate this Agreement, the Buyer must necessarily keep and present to the Seller the relevant settlement document of the established form (receipt, sales or cash receipt) confirming the purchase of the Goods, with a note on the date of sale (date of transfer) of the Goods.
9.5. Termination of this Agreement by the Buyer shall result in the return of the purchased (received) Goods to the Seller in the manner prescribed by Section 10 of this Agreement.
10. RETURN OF GOODS
10.1. In case of termination of this Agreement by the Buyer, in case of exchange by the Buyer of the Goods of good quality or exchange (replacement) by the Buyer of the Goods with significant defects, the Buyer shall return the Goods to the Seller's address specified in the "Contacts" section on the website domdrichatelier.com of the Domdrich Atelier online store.
11. THE PROCEDURE FOR REFUND OF FUNDS PAID FOR THE GOODS, THE PROCEDURE FOR REIMBURSEMENT OF THE BUYER'S EXPENSES
11.1. Refunds paid by the Buyer for the Goods / reimbursement of expenses for the elimination of defects in the Goods shall be made by the Seller on the basis of a written application of the Buyer, delivered personally to the Seller's representative or sent to the Seller's address specified in the "Contacts" section of the website: domdrichatelier.com of the Domdrich Atelier online store.
11.2. The Buyer must attach to the application specified in clause 11.1:
- the relevant payment document of the established form (receipt, sales or cashier's check) confirming the purchase of the Goods, with a note on the date of sale (date of transfer) of the Goods;
- documents confirming the costs incurred by the Buyer to eliminate the defects of the Goods (in case of claiming reimbursement of such costs).
11.3. The Seller shall refund to the Buyer the money paid for the Goods/reimbursement of expenses for elimination of defects of the Goods in one of the following ways
- transferring the corresponding amount of money to the account opened by the Buyer in a bank institution, including the card account specified by the Buyer in the application specified in clause 11.1. of this Agreement.
11.4. In the statement specified in clause 11.1. of this Agreement, the Buyer must indicate in which of the ways specified in clause 11.3. of this Agreement he wishes to receive a refund of the money paid by him for the Goods / reimbursement of expenses for eliminating the defects of the Goods. In case the Buyer pays for the Goods by means of a bank payment card, the refund to the Buyer of the money paid by him for such Goods shall be made to this bank payment card.
11.6. Refunds paid by the Buyer for the Goods shall be made by the Seller, provided that the Buyer returns such Goods in the manner prescribed by Section 10 of this Agreement.
11.7. Refunds paid by the Buyer for the Goods/reimbursement of expenses for the elimination of defects in the Goods shall be made by the Seller no later than 20 (Twenty) banking days from the date of receipt of the application specified in clause 11.1. of this Agreement from the Buyer.
11.8. In case of termination of this Agreement by the Buyer, the Buyer's withdrawal from this Agreement, exchange of the Goods of good quality by the Buyer, exchange (replacement) of the Goods with significant defects by the Buyer, the recalculation of the value of the Goods shall be carried out in cases provided for by the current legislation of Ukraine.
11.9. When the Buyer exchanges the Goods of good quality and exchanges (replaces) the Goods with significant defects for another Goods, the Seller shall make payments to the Buyer in the manner prescribed by Section 11 of this Agreement.
12. SELLER'S LIABILITY AND DISPUTE RESOLUTION PROCEDURE
12.1. The Seller shall be liable for breach of its obligations under this Agreement in accordance with the current legislation of Ukraine.
12.2. The Seller shall be released from liability for full or partial failure to fulfill its obligations under this Agreement if such failure was the result of force majeure.
12.3. For the purposes of this Agreement, force majeure shall mean external and extraordinary events that did not exist at the time of the conclusion of this Agreement and arose independently of the Seller's will, provided that the Seller could not have foreseen the occurrence of such circumstances or prevented their occurrence by means that could be fairly demanded and expected.
12.4. Force majeure circumstances are recognized, including, but not limited to: earthquakes, fires, floods, epidemics, epizootics, contamination by radiation or any nuclear source, transport accidents, military operations, insurrections, riots, revolutions, strikes, terrorist acts, social conflicts, decisions of state and local authorities, blockades, embargoes, international sanctions, etc.
12.5. In case the Seller is unable to fulfill its obligations under this Agreement due to force majeure, the Seller shall immediately notify the Buyer of the occurrence, type and possible duration of events that prevent the proper fulfillment of obligations under this Agreement within 5 (five) business days from the date of occurrence of such circumstances.
12.6. All disputes and disagreements arising between the Buyer and the Seller regarding the exercise of their rights and fulfillment of their obligations under this Agreement shall be resolved through negotiations.
12.7. In case of failure to reach an agreement on the subject matter of the dispute through negotiations, all disputes and disagreements between the Buyer and the Seller regarding the exercise of their rights and fulfillment of their obligations under this Agreement shall be resolved in accordance with the procedure established by the current legislation of Ukraine.
13. 13. OTHER TERMS AND CONDITIONS
13.1. This Agreement is a public electronic contract (offer) for the retail sale of the Goods at a distance by means of remote communication (Internet) through the Domdrich Atelier online store.
13.2. The period of acceptance of the offer (offer) for the conclusion of this public Agreement is set from January 01, 2025 to January 01, 2026 inclusive.
13.3 The Seller may withdraw or change the terms of the offer (offer) to conclude this public Agreement, as well as change the terms of this public Agreement at any time.
13.4 Revocation or change of the terms of the offer (offer) to conclude this public Agreement, as well as change of the terms of this public Agreement, may not be grounds for
- any revision or change of the terms or termination of the agreements already concluded by the Seller with the Buyers under the terms of this public Agreement;
- the Seller's refusal to fulfill its obligations under the agreements already concluded with the Buyers under the terms of this public Agreement.
13.5. The terms of the offer to conclude this public Agreement, as well as the terms of this public Agreement, are the same for all Buyers.
13.6. The Seller's offer (offer) to conclude this public Agreement shall be deemed accepted by the Buyer in full from the moment the Buyer concludes this public Agreement in the manner prescribed by clause 3.3. of this Agreement.
13.7. The conclusion of this public Agreement (acceptance by the Buyer of the Seller's offer) is considered unconditional and full acceptance by the Buyer of all the terms of this public Agreement without exception, including essential terms, as well as entry into the relevant contractual legal relations with the Seller.
13.8. Confirmation of the conclusion of this public Agreement is the automatic e-mail message sent by the Seller to the Buyer about the processing of the Order for the Goods specified in clause 3.11. of this public Agreement.
13.9. The documentary (paper) evidence of the conclusion of this public Agreement is the relevant settlement document of the established form (receipt, sales or cash receipt) with a note on the date of sale (date of transfer) of the Goods.
13.10. Full information about the Goods offered for sale in the Domdrich Atelier online store under the terms of this public Agreement, as well as the information specified in clause 3.5. of this Agreement, is available on the website: domdrichatelier.com of the Domdrich Atelier Online Store.
13.11. The recognition of certain terms of this public Agreement as invalid, void or invalidated shall not entail the recognition of any other terms of this public Agreement as invalid, void or invalid.
13.12. By entering into this public Agreement, the Buyer gives its full and unlimited consent to receive from the Seller via SMS, e-mail, social networks, etc. information messages about the news of the Domdrich Atelier online store, as well as about Promotional Offers and Sales of Goods held by the Seller in the Domdrich Atelier online store. At the same time, the Buyer has the right to refuse to receive these information messages at any time by filling out an electronic form on refusal to receive the Seller's information messages on the "RAILING" page of the website: domdrichatelier.com of the Domdrich Atelier online store.
13.13. By filling out the "Place an order" form and / or going through the registration / authorization procedure on the website: domdrichatelier.com of the Domdrich Atelier Online Store. The Buyer gives his full and complete consent to:
- entering by the Seller (owner and manager of the personal data base) into the personal data base "Buyers" the information provided by the Buyer, including information that is considered personal data in accordance with the current legislation of Ukraine;
- the Seller's dissemination of information about the Buyer, including information that is considered personal data in accordance with the current legislation of Ukraine, to third parties, including couriers and delivery services engaged by the Seller, solely for the purposes provided for in clause 13.14. of this Agreement;
- dissemination by the Seller of information about the Buyer, including information that is considered personal data in accordance with the current legislation of Ukraine, in cases expressly provided for by the current legislation of Ukraine.
13.14. By filling out the "Place an order" form and/or going through the registration procedure on the website: domdrichatelier.com of the Domdrich Atelier online store. The Buyer gives his full and unlimited consent to the processing and use of information about the Buyer by the Seller, including information that is considered personal data in accordance with the current legislation of Ukraine, solely for the following purposes
- for the purpose of registration and identification of the Buyer in the Domdrich Atelier online store;
- to update the Buyer's registration password in the Domdrich Atelier online store;
- for marketing purposes, namely: notifying the Buyer via SMS, e-mail, social networks, etc. about the news of the Domdrich Atelier Online Store, Promotional Offers and Sales of Goods conducted by the Seller in the Domdrich Atelier Online Store, analyzing the market for the consumption of Goods, determining the range of potential Buyers, determining the needs of potential Buyers for the Goods offered for sale;
- in order for the Seller to fulfill its contractual obligations to the Buyer in good faith, including obligations to deliver the Goods;
- in order for the Seller to comply with the requirements of the current legislation of Ukraine, including the legislation on consumer protection.
13.15. On all issues that are not reflected in this public Agreement, the Parties shall be guided by the norms of the current legislation of Ukraine.