1. General Provisions
1.1. This Sale and Purchase Agreement (hereinafter referred to as the "Agreement") is a public agreement concluded at a distance and, at the same time, a public offer — the Seller's offer to conclude a public agreement for the sale of the Goods by means of remote communication, that is, through the Seller's online store, which is located at address: https://fox-lingerie.com/ with any interested person in accordance with the conditions provided for in this Agreement.
1.2. The moment of complete and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic contract for the sale of Goods is the fact that the Buyer pays for the order under the terms of this Agreement, at the time and at the prices indicated on the Seller's website.
2. Definition of terms
2.1. In this offer, unless the context requires otherwise, the following are terms that are used in the following meaning:
"Product" — a list of Goods published on the Site, under the terms of this Agreement, is offered for sale at a distance using means of remote communication through the Seller's online store.
"Online store" — in accordance with the Law of Ukraine "On Electronic Commerce", a means for presenting or selling a Product, work or service by making an electronic transaction (transaction).
"Seller" — an individual entrepreneur Genzel Juliana , entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations No. 2 062 000 0000 009906 dated 03.11.2016, registration number of the taxpayer's account card 3457308442, place of registration (residence): 17500 , Priluki, Vokzalna 11/3.
"Buyer" — an individual who has entered into an Agreement with the Seller on the terms set out below.
"Order" — selection of individual items from the list of Goods specified by the Buyer when placing an order and making payment.
3. Subject of the Agreement
3.1. The Seller undertakes to transfer the Goods to the Buyer's ownership, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
This Agreement governs the purchase and sale of Products in the online store, including:
– voluntary choice by the Buyer of Goods in the online store;
– self-registration by the Buyer of an order in the online store;
– payment by the Buyer for the order placed in the online store;
– processing and delivery of the order to the Buyer in ownership under the terms of this Agreement.
4. Product price
4.1. The price for each item of the Products is indicated on the website of the online store.
4.2. The Seller has the right to unilaterally change the price for any item of the Goods.
4.3. In the case of the price change for the ordered Goods, the Seller undertakes to inform the Buyer about it.
4.4. The Buyer has the right to confirm or cancel the order for the purchase of the Goods if the price is changed by the Seller after placing the Order.
4.5. The Seller is not allowed to change the price of the Goods paid by the Buyer.
4.6. The Seller indicates the cost of delivery of the Goods on the website of the online store or informs the Buyer when placing an order by the Operator.
4.7. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received on the Seller's account.
4.8. Payments between the Seller and the Buyer for the Goods are made in the ways indicated on the website of the online store in the "DELIVERY" section.
5. Ordering procedure
5.1. The Buyer has the right to place an order for any Product presented on the Website of the online store, if available.
5.2. Each item can be presented in the order in any quantity.
5.3. In the absence of the Goods in the warehouse, the Manager of the company is obliged to inform the Buyer about this (by phone or via email).
5.4. In the absence of the Product, the Buyer has the right to replace it with a Product of a similar model, refuse this Product, and cancel the order.
6. Order payment and delivery
6.1. Payment methods, procedure and terms of delivery of the Goods are indicated on the website in the "DELIVERY" section. The Buyer agrees on the procedure and conditions for the delivery of the ordered Goods with the operator of the online store at the time of purchase.
7. Return and exchange of Goods. Termination of an Agreement
7.1. The Buyer has the right to return or exchange the received Goods of good quality for a similar one within 14 (fourteen) calendar days from the date of receipt of the Goods, not counting the day of purchase, provided that all the following conditions are met for a total:
7.1.1. The goods have not been used, their presentation, consumer properties, seals, labels, as well as the settlement document issued to the Buyer along with the sold Goods have been preserved.
7.1.2. The product is absent from the list of goods defined in Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172 "On the Implementation of Certain Provisions of the Law of Ukraine "On Protection of Consumer Rights"" as not subject to exchange and/or return (for example, underwear, hosiery and others).
7.3. The buyer does not have the right to return the gift certificate, extend its validity period (after two months from the date of purchase, the certificate is no longer valid), or return the funds that remained on the certificate after it was exchanged for the Goods.
7.4. The Buyer is not entitled to exchange a gift certificate purchased at a discount for Discount Products.
7.5. The Buyer has no right to use a promotional code for Discount Products.
7.6. If at the time of exchange of a similar Product is not on sale, the Buyer has the right to either purchase any other Product from the available range with a corresponding recalculation of the cost, or terminate the Agreement and receive money back in the amount of the cost of the returned Product, or exchange the Product for a similar one at the first receipt of the corresponding Goods for sale.
7.7. In the event that, during the established warranty period, significant shortcomings have arisen through the fault of the manufacturer of the Goods (Seller), or the falsification of the Goods confirmed by the conclusion of the examination, the Buyer has the right, at his choice, to terminate the Agreement with the return of the amount paid for the Goods or to demand replacement of the Goods for the same Goods or for a similar Product from those available from the Seller.
7.8. The Buyer or Seller has the right to terminate this Agreement at any time before the Buyer accepts the Goods.
7.9. The Buyer has the right to terminate this Agreement within 14 (fourteen) calendar days from the date of receipt of the Goods, excluding the day of purchase, while simultaneously observing all the conditions provided for in clauses 7.1.1. and 7.1.2. actual agreement.
7.10. If the Goods were sent to the Buyer by delivery operators then in case of termination of the Agreement, such Goods must also be returned by delivery operators.
7.11. The Seller undertakes to reimburse the Buyer's expenses in connection with the return of the Goods.
7.12. In case of termination of the Agreement and return of the Goods, which have already been paid by the Buyer by bank transfer, the funds paid by him/her are returned by the Seller within 7 (seven) days from the date of return of the Goods.
7.13. If the Buyer refused to accept the Goods, which he had already paid for by bank transfer and decided to terminate the Agreement, then the funds paid by him/her are returned by the Seller within 7 (seven) days from the date of termination of the Agreement.
8. Rights and obligations of the parties
8.1. The Seller has the right:
– unilaterally terminate the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
8.2. The Buyer is obliged:
– timely pay and receive the order under the terms of this Agreement.
8.3. The buyer has the right:
– place an order in the online store;
– require the Seller to fulfill the terms of this Agreement.
9. Responsibilities of the parties
9.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
9.2. The Seller is not responsible for:
– for a slight color discrepancy. The product may differ from the color on the website only due to differences in the color reproduction of personal computer monitors of different models;
– for the content and accuracy of the information provided by the Buyer when placing an order;
– for delays and interruptions in the provision of services (processing of the order and delivery of the Goods) that occur for reasons beyond his control;
– for unlawful illegal actions committed by the Buyer using this access to the Internet;
– for the transfer by the Buyer of his/her network identifiers – IP, MAC-address, login and password to third parties;
9.3. The Buyer, using the access to the Internet provided to him/her, is independently responsible for the harm caused by his/her actions (personally, even if another person was under his/her login) to persons or their property, legal entities, the state or moral principles.
9.4. In the event of force majeure circumstances, the parties are exempted from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances mean events of an extraordinary, unforeseen nature, excluding or objectively interfering with the implementation of this Agreement, the occurrence of which the Parties could not foresee and prevent in reasonable ways.
9.5. The parties make every effort to resolve any disagreements exclusively through negotiations.
10. Other conditions
10.1. The online store reserves the right to unilaterally amend this Agreement, subject to its publication on the website https://fox-lingerie.com/.
10.2. The online store was created to organize a remote way of selling Goods via the Internet.
10.3. The buyer is responsible for the accuracy of the information specified when placing the order. At the same time, when making an acceptance (placing an order and subsequent payment for the Goods), the Buyer provides the Seller with his unconditional consent to the collection, processing, storage, use of his/her personal data, in the understanding of the Law of Ukraine "On the Protection of Personal Data".
10.4. Payment by the Buyer for the order placed in the online store means the Buyer's full agreement with the terms of the purchase and sale Agreement (public offer).
10.5. The actual date of the electronic agreement between the parties is the date of acceptance of the conditions, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce".
10.6. Using the resource of the online store to view the product, as well as to place an order for the Buyer, is free.
10.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of processing the order, sending messages to the Buyer, delivering goods, making settlements, etc.
11. Duration of the contract
11.1. An electronic contract is considered concluded from the moment the person who sent the proposal to conclude such an Agreement receives a response on the acceptance of this proposal in the manner determined by part six of Article 11 of the Law of Ukraine "On Electronic Commerce".
11.2. Until the expiration of this Agreement, it may be terminated by mutual agreement of the parties until the actual delivery of the Goods, by returning the funds.
11.3. The parties have the right to terminate this Agreement unilaterally, if one of the parties fails to comply with the terms of this Agreement and in cases stipulated by the current legislation of Ukraine.