The text of the Public Offer Agreement set forth below is addressed to individuals and legal entities and constitutes an official public offer (in accordance with Article 641 of the Civil Code of Ukraine) of a business entity, individual entrepreneur Olha Hryhorivna Bondarenko, TIN 2985504064, hereinafter referred to as the "Seller", on the terms and conditions specified in the Agreement.
Terms and definitions:
"Website" shall mean a website hosted on the Internet at: https://dyvoshyv.com.
"Seller" shall mean an individual entrepreneur, Olha Hryhorivna Bondarenko, TIN 2985504064.
"Public Offer" shall mean a public offer of the Seller aimed at an indefinite number of persons regarding the conclusion of the Public Offer Agreement (hereinafter referred to as the "Agreement") on the terms and conditions as determined by the Seller.
"Acceptance" shall mean the User/Buyer's full and unconditional consent to the Seller to enter into the Agreement on the terms and conditions set forth in the Agreement.
"Goods/Products" shall mean products, images (photos) and/or descriptions of which are posted on the Website.
"Order" shall mean a duly executed and placed request of the User for the purchase of the selected Goods via the Website and/or e-mail.
"User/Buyer" shall mean a person reading the information posted on the Website and/or ordering and/or receiving and/or reserving the Goods using the Website's technical tools.
"Recipient" shall mean a Buyer or the person actually receiving the Goods on behalf of the Buyer delivered by the Carrier Company.
"Provision of Personal Data" shall mean filling out the appropriate form on the Website by the User, indicating the necessary data for identification of the User/Buyer and/or placing an Order, including by e-mail.
General Provisions
1.1. The information posted on the Website contains the terms of the offer to purchase the Goods and constitutes the Seller's Public Offer addressed to an indefinite number of persons — the Website Users.
1.2. Provision of personal data by filling in the relevant form on the Website shall be an Acceptance, which is the expressed intention of the User/Buyer to purchase the Goods selected on the Website.
1.3. User's/Buyer's Acceptance shall confirm their absolute agreement with all the terms and conditions of the Public Offer without any exceptions and limitations, and confirm that they have read its terms and conditions before accepting the Public Offer. Users under the age of 18 shall inform their parents or guardians of the terms of this offer and the Privacy Policy before providing their personal data to use this Website and/or making purchases or placing an Order through the Website or by e-mail.
1.4. The Seller shall have the right to unilaterally amend the Agreement by publishing amendments on the Website. Amendments shall enter into force upon publication, unless another effective date is indicated additionally when they are published. The User/Buyer agrees and acknowledges that amending the Agreement shall automatically entail amending the Agreement concluded and in force between the User/Buyer and the Seller.
Information about the Goods, the Price of the Goods
2.1. Information about the Goods shall be provided by posting an image (including a photo) of the product(s) and textual information about the item, available sizes / sizes in stock, product characteristics, cost per unit, etc.
2.2. The price of the Goods presented on the Website is exclusive of VAT. The Seller is not a VAT payer.
Ordering Procedure
3.1. The User/Buyer may independently place an Order for any Goods available for Ordering on the Website.
3.2. The Seller's representative may additionally contact the User/Buyer by phone or other means of communication specified when placing the Order in the event that:
- the delivery information provided needs to be clarified;
- the ordered Product is not available.
Based on the results of the Order clarification, the Seller's representative may confirm/cancel the Order.
3.3. In case the ordered Goods are not available, the User/Buyer shall have the right to replace the Goods with similar ones or cancel the Order.
3.4. The Order may be canceled until the Order is confirmed or clarified by the Seller's representative.
Please note that minors shall obtain the consent of their parents or other legal representatives before ordering the Goods. In the absence of such consent, the minor shall stop using the Website.
Payment Procedure
4.1. The price of the Goods is indicated in Ukrainian hryvnia (UAH). At the User's option, the price on the Website may be displayed in the US dollar equivalent at the NBU interbank exchange rate in effect on the date of viewing the Website.
4.2. Payment for the Goods shall be made in UAH. In case of payment by bank cards issued by foreign banks, the Seller shall not be responsible for the conversion procedure. The terms of conversion, exchange rate and commission charges are set by the issuing bank.
4.3. Order can be paid by bank transfer using Liqpay, PayPal, Google Pay, and Apple Pay payment systems.
Delivery of Goods
5.1. The Goods ordered on the Website are delivered by delivery services in accordance with the terms and conditions specified on the Website in the "Delivery" section. Delivery shall be carried out at the expense of the Seller.
5.2. Upon receipt of the Goods, the Buyer shall check the Order for the quantity, completeness and quality of the Goods.
5.3. The Orders shall be delivered by the delivery services listed in the "Delivery" section. By accepting this Public Offer, the Buyer fully and unconditionally agrees to the Rules of Carriage of the Carrier Companies. The User/Buyer shall independently familiarize themselves with the terms of such Rules on the websites of the respective Carrier Companies.
5.4. The risk of accidental loss and/or accidental damage to the Goods shall be transferred to the Buyer from the moment the Order is transferred to the Buyer and the Buyer signs the documents confirming the delivery of the Order.
Return and Exchange of Goods
6.1. Products can be returned and exchanged if:
- the goods were purchased on the Website;
- no more than 14 calendar days have passed since the receipt of the Order;
- there is a confirmation of payment for the goods and delivery information in the office of Nova Poshta;
- there is a payment document (fiscal check);
- the goods must have a marketable condition, with all labels, tags, packaging and no traces of use.
6.2. Goods that are not subject to exchange (return) in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 172 dated 19.03.1994 shall not be subject to exchange (return).
6.3. Return and exchange of the Goods is carried out throughout the territory of Ukraine, except for the Autonomous Republic of Crimea, occupied territories and areas where military operations are carried out.
Rights and Obligations of the Seller
7.1. The Seller shall have the right to:
7.1.1. Unilaterally suspend the sale of the Goods (including not accepting the Order and the application for delivery of the Goods) in case of violation by the User/Buyer of the terms of the Public Offer;
7.1.2. Unilaterally change the price of the Goods at their sole discretion. The price of the Goods, which was confirmed by the Seller at the time of the Order, shall remain unchanged;
7.1.3. Post information on the Website about promotional events and/or marketing activities conducted or to be conducted by the Seller and/or third party partners of the Seller.
7.1.4. In accordance with the terms of this Public Offer and the Privacy Policy, send emails to the Users/Buyers' email addresses with information about the Seller's commercial offers (including information about special offers, promotions and other marketing activities).
7.1.5. Organize the delivery of Orders by engaging third parties to provide delivery services.
7.2. The Seller shall undertake to:
7.2.1. Execute duly placed and confirmed Orders from the moment the Order is confirmed;
7.2.2. Ensure the transfer/shipment of the Goods to the Carrier Company in accordance with the Order;
7.2.3. Check the quantitative and qualitative characteristics of the Goods in preparation for the transfer of the Goods to the delivery service;
7.2.4. Comply with the terms of the Privacy Policy.
Rights and Obligations of the User/Buyer
8.1. The User/Buyer shall have the right to:
8.1.1. Select Products and place Orders using the Website;
8.1.2. Send appeals/inquiries to the Seller's email address;
8.1.3. Require the Seller to fulfill the conditions and obligations stipulated by this Public Offer;
8.2. The User/Buyer shall undertake to:
8.2.1. Read all the terms and conditions of the Public Offer before accepting it;
8.2.2. Familiarize themselves with the information about the Goods — description and characteristics posted on the Website before placing an Order;
8.2.3. Provide correct and complete data required for the execution and delivery of the Order. The User/Buyer shall be liable for providing false/inaccurate information that caused the impossibility of proper execution of the Order by the Seller.
8.2.4. Pay for and receive the Order in accordance with the terms of the Public Offer;
8.2.5. Upon receipt of the Order, check the intactness and completeness of the Goods. In the event of damage or incompleteness of the Goods, such differences shall be recorded in the Certificate, which shall be signed by the Buyer/Recipient and the person who delivered the Order.
8.2.6. Familiarize themselves with the Transportation Rules of the Carrier Companies before placing an Order.
Liabilities of the Parties Dispute resolution procedure
9.1. The Seller does not guarantee the uninterrupted and error-free operation of the Website and shall not be responsible for:
- delays, interruptions, losses occurring due to malfunctions in any electronic or mechanical equipment not owned by the Seller;
- data transmission or connection problems occurring through no fault of the Seller;
- quality of public communication channels used to access the Website;
- blocked access to the Website as a result of actions of third parties.
However, the Seller shall undertake to make all reasonable efforts to prevent this and will take all possible measures to eliminate the problems that arise.
9.2. Users/Buyers shall file complaints or claims in writing. The Seller will take all necessary measures to satisfy complaints/claims of Users/Buyers, provided that they are justified and properly executed in accordance with the current legislation of Ukraine.
9.3. All disputes, disagreements and claims arising out of or in connection with this Agreement, including those relating to its performance, breach, termination or invalidity, shall be resolved in the appropriate court in accordance with the applicable laws of Ukraine.
Force Majeure
10.1. The Parties shall be released from liability for untimely or improper performance of their obligations if such failure is the result of extraordinary circumstances not related to the will of the Parties, such as military operations, strikes, riots, accidents, natural disasters, changes in the legislation of Ukraine, as well as other extraordinary circumstances that arose after the conclusion of this Agreement and directly affect the fulfillment of the terms of this Agreement and which the Parties could neither foresee nor prevent.
10.2. The Party for which it has become impossible to fulfill its obligations due to the occurrence of force majeure shall immediately inform the other Party in writing of the occurrence of the above circumstances, and provide the other Party with confirmation of force majeure within thirty (30) calendar days. Such confirmation will be a relevant document issued by the authorized Chamber of Commerce and Industry of Ukraine or other duly authorized state body located at the place of force majeure.
Warnings regarding the collection and processing of personal data
11.1. By accepting the Agreement, the User/Buyer agrees to the collection and processing of personal data in accordance with the Law of Ukraine No. 2297- VI dated June 01, 2010 "On Personal Data Protection" and the Privacy Policy posted on the Website.
11.2. The information provided by the User/Buyer shall be collected, processed, stored, used, and may also be transferred to third parties solely for the purpose and within the scope of ensuring that the Seller fulfills its obligations under the terms of this Offer.
11.3. The User/Buyer may withdraw their consent to the processing of personal data by sending a request to the following e-mail address: office@dyvoshyv.com. In this case, the User/Buyer understands and agrees that withdrawal of consent prevents further use of the Website and placement of Orders.
Miscellaneous
12.1. The relations between the User/Buyer and the Seller shall be governed by the provisions of the current legislation of Ukraine.
12.2. Photos of the Goods posted on the Website may differ from the actual appearance of the product.
12.3. The Seller reserves the right to expand and reduce the product offer presented on the Website.
12.4. The Agreement shall be deemed concluded and shall enter into force upon Acceptance and shall remain in force until the Parties fulfill their obligations under the Agreement or until terminated on the grounds specified in the terms of the Agreement and/or the applicable laws of Ukraine.
12.5. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of this Agreement as a whole.
12.6. The Parties may not assign their rights and obligations under the Agreement to third parties.
12.7. In case of withdrawal of the Public Offer by the Seller during the term of the Agreement, the Agreement shall be deemed terminated from the moment of withdrawal, unless otherwise specified by the Seller when withdrawing the Offer.
12.8. The Agreement may be terminated by agreement of the Parties at any time or on other grounds provided for in the Agreement or the norms of the current legislation of Ukraine.