This public offer, hereinafter referred to as "Offer" is an official offer of the online store to conclude a contract for the sale of goods remotely, that is, through the online store, hereinafter referred to as the "Agreement", and places a public offer (offer) for the official website of the Seller kobernyk.com.ua hereinafter – the "Website".
1. GENERAL PROVISIONS
1.1. The following text is the Agreement between the online store kobernyk.com.ua, hereinafter referred to as "the Seller" and the user of the online store services, regardless of status (individual, legal entity, individual entrepreneur), hereinafter referred to as "the Buyer".
1.2. This Agreement defines the conditions for the purchase of clothes and accessories, hereinafter referred to as "the Goods", by the Buyer through the Seller’s online store.
1.3. The agreement is public under Art. 633 and Art. 641of the Civil Code of Ukraine and is equivalent to "oral agreement" and has the required legal force.
1.4. In accordance with Art.642 of the Civil Code of Ukraine by full and unconditional acceptance of the terms of this offer agreement, which confirms the conclusion of the Agreement on the proposed conditions, the fact that the Buyer has paid the cost of the goods, ordered on the online store website (or by other means).
1.5. In this offer, unless the context requires otherwise, the following terms have the following meanings:
"Online-store" – the Seller’s website, created for entering into Retail and Wholesale Contracts, after the Buyer has familiarized himself/herself with Goods proposed by the Seller on the photographs by remote means.
"Seller" is an organization, regardless of its legal form, and/or an individual entrepreneur, who sells goods.
"Product" – products, offered for sale and posted on kobernyk.com.ua
"Buyer" – an individual and/or a legal entity that make an order on the website kobernyk.com.ua
"Recipient" – an individual and/or a legal person, determined by the Buyer, who must receive the ordered Goods.
"Accept" – the full and unconditional acceptance of the terms of the Agreement by the Buyer.
"Order" – individual items from the Goods assortment list specified by the Buyer when making an order on the site.
2. SCOPE OF THE AGREEMENT
2.1. The Seller sells and delivers the Goods according to the current price list, published on kobernyk.com.ua website, and the Buyer pays and accepts the Goods according to the terms of this agreement.
3. ORDERING PROCEDURE
3.1. The order formation.
3.1.1. The Buyer has the right to place an order on the Online Store website kobernyk.com.ua by adding the selected Goods to the virtual shopping cart and pressing “the Buy” button.
3.1.2. Both registered Buyers and those who have not been registered can place an order for Goods.
3.1.3. In the absence of Goods, the Company Manager is obliged to inform the Buyer (by phone or email).
3.1.4. In the absence of Goods, the Buyer has the right to replace it with Goods of a similar model.
3.1.5. In the absence of Goods, the Seller may offer to produce the item within the agreed time.
3.1.6. Information on delivery and payment is indicated in “the Delivery” section on the Seller’s website.
3.1.7 At the same time, the Seller does not provide the services of buying and delivering goods purchased from third parties by the Buyer’s order.
3.1.8. If the order has been fully completed and paid by the Buyer at working hours till 18.00, the delivery by Nova Poshta is made at the same day.
3.1.9 When placing an order, the Buyer has to specify the data of the Recipient as accurately as possible. Incorrect information provided by the Buyer may interfere with the order execution at the specified time. In this case, delivery is postponed until the Recipient’s correct data is specified, but no more than 12 hours from the moment of the order payment by the Buyer.
3.2 ORDER PAYMENT.
3.2.1. The order payment means the Buyer’s consent to enter into this Agreement with the Seller.
3.2.2. The Buyer may pay for order by any of the following ways:
- pay by Card online;
- payment via Liqpay or Portmone systems;
- payment upon receipt (cash on delivery) at any branch of Nova Poshta
- cash payment in case of pickup.
3.2.3. Prices for any Goods positions listed on Kobernyk.com.ua website are valid at the time of the order.
3.2.4.The Buyer bears the fee for services of payment systems and terminals.
3.3 Terms of delivery order
3.3.1. When placing an order , the Buyer must specify clearly the delivery terms. If you need to arrange delivery for several persons at different addresses - you need to make the appropriate number of orders.
3.3.2. Delivery of the order is carried out by prior agreement with the Recipient by the phone number specified by the Buyer in the order.
4. TERM OF EXECUTION OF THE ORDER
4.1. The term of the order depends on the location and region of the Recipient. Delivery times may vary because of unforeseen events that are beyond the Seller’s control (holidays, weather etc.)
4.2.The terms of the shipping of Goods to the Buyer are agreed by the parties in each case.
4.3. The order is considered completed at the time of its transfer to the Post Offices.
4.4 The agreement between the Seller and the Buyer is valid from the moment of its conclusion until the delivery of the order to the Recipient/the Buyer or his/her authorized representatives.
5.REPLACEMENT OF GOODS. PURCHASE RETURNS.REFUND.
5.1. Only ready-to-wear Goods can be returned or exchanged.
5.2. Goods, made due to Buyer’s measurements, cannot be returned or exchanged.
5.3. Goods, ordered on kobernyk.com.ua and that did not fit for any reason (style, size, color) are subject to return and exchange within 14 days, not counting the day of purchase, provided:
- lack of signs of use and wear;
- preservation of presentation and consumer properties;
- presence of original and undamaged packaging and labels.
Shipping cost for return/exchange of Goods is paid by the Buyer*.
Products of unacceptable quality ( after wearing or with damaged labels) ordered on kobernyk.com.ua cannot be exchanged or returned.
5.4. The Seller may refuse to exchange Goods or make a refund, when Buyer’s reason of return is personal (personal taste).
6. INTELLECTUAL PROPERTY COPYRIGHT.
6.1. The Seller is the sole owner and official representative of Kobernyk Atelier of 2012.
6.2. Clause 2, 4 of Article 16 of the Law of Ukraine "On the Protection of Rights to Marks for Goods and Services" establishes that the certificate grants its owner the right to use the trademark and other rights defined by this Law.
6.3. According to Art. 20 of the Law of Ukraine "On the Protection of the Rights to Marks for Goods and Services" any violation of the rights of the owner of the certificate under Art. 16 of this Law, including performing actions requiring his/her consent and preparing to commit such actions without the consent of the owner of the certificate, is considered as violation of the rights of the owner of the certificate, which entails liability in accordance with the current legislation of Ukraine.
6.4. Violation of the rights of the certificate owner is also considered as the use without his/her consent in domain names, marks and designations specified in paragraph 5 of Article 16 of this Law.
6.5. For legitimate use of TM - applying it to any product for which a sign is registered, hereinafter referred to as “Product”, the package containing such Goods, trademark, label, badge, tag or other object attached to the product, storage of such goods with put a specified sign for sale, offer it for sale, sale, import (import) and export (export), use it in business documentation or advertising, and on the Internet, including domain names, you need to obtain a separate permit.
6.6. The seller is the owner of exclusive property copyrights for a number of photographic works, graphic images on the site and is their sole author. The seller uses photographic works by publishing on the website kobernyk.com.ua to illustrate goods and services.
6.7. Due to the presumption of originality of copyright objects, all photographic works are original, therefore they are protected by copyright without registrations and formalities from the moment of their creation in all countries of the world according to the 1886 Bern Convention for the Protection of Literary and Artistic Works law and related rights "of 1993.
6.8. The subject of exclusive property copyright to photographic works may authorize the use of these works to third parties and prohibit their use, if such occurs without obtaining permission. The owner of the photos posted on the kobernyk.com.ua website gives permission to use his/her photo only if the photo has a back link to the source.
7. TERM OF AGREEMENT. PROCEDURE FOR MAKING AMENDMENTS
7.1. Acceptance of the Offer by the Buyer is confirmation of the conclusion of the Contract on the terms of the Offer.
7.2. The contract enters into force from the moment the Buyer pays for the order and is valid until the Seller fulfills its obligations under the Contract.
7.3. The Seller has the right to make changes to the text of this Agreement at its discretion at any time and without prior notice to the Buyer. The current (valid) version of the Agreement is always available on the website.
7.4. The Buyer agrees and acknowledges that the introduction of changes to the Offer entails the introduction of these changes to the Contract already in force between the Buyer and the Seller and these changes to the Contract take effect with such changes in the Offer.
8. CONFIDENTIALITY
8.1. The Seller guarantees the confidentiality of information that the Buyer indicates during registration or when placing an order.
8.2. The Seller guarantees that personal data will not be used for personal gain, on third-party resources or for the distribution of spam.
8.3.When placing an order, the Buyer agrees to the processing of his personal data that is stored in the Seller’s database solely for identification of the Buyer/Recipient with repeated orders and for their correct execution. If the Buyer refuses, the Seller will not be able to place the order accordingly.
9. RESPONSIBILITY
9.1. The Parties are responsible for non-compliance or improper fulfilment 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:
- a slight discrepancy in the color gamut of the product, which may differ from the original product solely due to the different color rendering of individual computer monitors of certain models;
- the content and accuracy of the information, provided by the Buyer when placing the order;
- delays and interruptions in the provision of services (order processing and delivery of goods) that occur for reasons beyond the scope of its control;
- unlawful illegal acts committed by the Buyer using this access to the Internet.
9.3.The Recipient or the one who received the goods at the time of the Recipient’s absence carries all the risks associated with the loss or damage to the goods from the moment they are received.
9.4. In the event of force majeure circumstances, the parties are exempted from fulfilling the terms of this agreement. Force majeure for the purpose of this agreement means event of an extraordinary, unforeseen nature that exclude or objectively impede the implementation of this agreement, the occurrence of which the Parties could not have foreseen and prevented in reasonable ways.
9.5. The Seller is not responsible for the improper use or storage of goods by the Buyer ordered on the website kobernyk.com.ua.
9.6. The liability of the Parties in other cases is determined in accordance with the legislation of Ukraine.
9.7. The parties make every effort to resolve any differences exclusively through negotiations.
Uliana Nahorna