Public Offer Agreement.
General Provisions
1.1. This offer is an official proposal from SHEVCHENKO on the website https://shevchenko.fashion, hereinafter referred to as the "Seller," to enter into a Sale and Purchase Agreement for goods remotely, i.e. through the Online Store, hereinafter referred to as the "Agreement," and places this Public Offer on the Seller's official website https://shevchenko.fashion/ (hereinafter — the Website).
1.2. The Buyer's full and unconditional acceptance of the Seller's offer to enter into an electronic sale and purchase agreement is deemed to occur upon the Buyer's payment for the order under the terms, timeframes, and prices specified on the Seller's Website.
1.3. Payments are accepted by Sole Proprietor Olena Vasylivna Shevchenko, Kharkiv, Klemenova Dacha St. 11, apt. 14, Ukraine.
Terms and Definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
* "Goods" — coats, jackets, and other items of women's and men's clothing;
* "Online Store" — in accordance with the Law of Ukraine "On Electronic Commerce," a means of offering or selling goods, work, or services by concluding an electronic transaction.
* "Seller" — the company that sells the goods presented on the Website.
* "Buyer" — an individual who has entered into an Agreement with the Seller under the terms set out below.
* "Order" — the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
Subject of the Agreement
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 governs the sale and purchase of goods in the Online Store, including:
- The Buyer's voluntary selection of goods in the Online Store;
- The Buyer independently placing an order in the Online Store;
- The Buyer's payment for an order placed in the Online Store;
- Processing and delivery of the order into the Buyer's ownership under the terms of this Agreement.
Order Placement Procedure
4.1. The Buyer has the right to place an order for any item presented and available on the Online Store website.
4.2. Each item may be included in the order in any quantity.
4.3. If an item is out of stock, the company's manager must notify the Buyer (by phone or email).
4.4. If an item is unavailable, the Buyer has the right to replace it with a similar item, decline the item, or cancel the order. Cash-on-Delivery Payment Procedure
5.1. Payment is made in cash (in hryvnia) upon receipt of the item at a shipping carrier's branch.
5.2. If payment is not received, the Online Store reserves the right to cancel the order.
Order Delivery Terms
6.1. Goods purchased from the Online Store are delivered to shipping carriers' warehouses, where orders are issued to customers.
6.2. Documents required under Ukrainian law are provided to the Buyer along with the order.
Rights and Obligations of the Parties:
7.1. The Seller has the right to: unilaterally suspend the provision of services under this Agreement if the Buyer violates its terms.
7.2. The Buyer is obligated to: pay for and receive the order in a timely manner, under the terms of this agreement.
7.3. The Buyer has the right to:
- place an order in the Online Store;
- conclude an electronic agreement;
- require the Seller to fulfill the terms of this Agreement.
Liability of the Parties
8.1. The Parties are liable for failure to perform or improper performance of the terms of this agreement, as provided by this agreement and applicable Ukrainian law.
8.2. The Seller is not liable for:
- changes to the appearance of the Goods made by the manufacturer;
- minor discrepancies in the color of the Goods, which may differ from the original solely due to variations in color reproduction across different computer monitors;
- the accuracy or truthfulness of information provided by the Buyer when placing an order;
- delays or interruptions in the provision of Services (order processing and delivery) caused by circumstances beyond its control;
- unlawful actions committed by the Buyer using their access to the Internet;
- the Buyer's disclosure of their network identifiers — IP address, MAC address, login, or password — to third parties;
8.3. The Buyer, using the Internet access provided to them, is solely responsible for any harm caused by their actions (personally, even if another person was using their login) to individuals or their property, legal entities, the state, or moral principles.
8.4. In the event of force majeure, the Parties are released from performing the terms of this agreement. For the purposes of this agreement, force majeure means events of an extraordinary, unforeseeable nature that exclude or objectively prevent the performance of this agreement, and which the Parties could not have foreseen or reasonably prevented.
8.5. The Parties shall make every effort to resolve any disputes solely through negotiation. Other Terms
9.1. The Online Store reserves the right to unilaterally amend this agreement, provided the amendments are published in advance on the website https://shevchenko.fashion/
9.2. The Online Store was created to organize the remote sale of goods over the Internet.
9.3. The Buyer is responsible for the accuracy of the information provided when placing an order. By accepting the offer (placing an order and subsequently paying for the item), the Buyer gives their unconditional consent to the Seller to collect, process, store, and use their personal data within the meaning of the Law of Ukraine "On Personal Data Protection."
9.4. The Buyer's payment for an order placed in the Online Store constitutes full agreement with the terms of the sale and purchase agreement (public offer).
9.5. The actual date of the electronic transaction between the parties is the date the terms are accepted, in accordance with Article 11, Part 6 of the Law of Ukraine "On Electronic Commerce."
9.6. Use of the Online Store's resources to browse items, as well as to place an order, is free of charge for the Buyer.
9.7. Information provided by the Buyer is confidential. The Online Store uses the Buyer's information solely for order processing, sending notifications to the Buyer, delivering goods, settling accounts, and other related purposes.
Procedure for Returning Goods of Proper Quality
10.1. Returns of goods to the Online Store are made in accordance with applicable Ukrainian law.
10.2. Returns of goods to the Online Store are made at the Buyer's expense.
10.3. When the Buyer returns goods of proper quality, the Online Store refunds the amount paid for the goods upon their return, less compensation for the Online Store's costs related to delivering the goods to the Buyer.
Term of the Agreement
11.1. An electronic agreement is deemed concluded from the moment the party that sent the proposal to conclude such an agreement receives a response accepting that proposal, in the manner set out in Article 11, Part 6 of the Law of Ukraine "On Electronic Commerce."
11.2. Before its expiration, this Agreement may be terminated by mutual agreement of the Parties prior to the actual delivery of the goods, by means of a refund.
11.3. The Parties have the right to unilaterally terminate this agreement in the event that either party fails to fulfill the terms of this agreement, and in cases provided for by applicable Ukrainian law.
Please note that the "SHEVCHENKO" online store, at its official website https://shevchenko.fashion/, has the right, in accordance with Ukrainian law, to grant sole proprietors and legal entities the right to use its internet platform to sell goods.