1. General Provisions
1.1. This Agreement (hereinafter referred to as the “Agreement”) is public, in accordance with Art. 633 and Art. 641 of the Civil Code of Ukraine, and its terms and conditions are the same for all Buyers, the unconditional acceptance of the terms and conditions of which is considered to be acceptance of this offer by the Buyer, for which the Seller publishes this Agreement.
This Agreement is an official offer of a sole proprietor LLC "VISIT UKRAINE", hereinafter referred to as the "Seller", to conclude an agreement of sale and purchase of goods remotely, that is, via the online store on the Seller's official website https: https://visitukraine.shop/ the Seller places this Public Offer on.
1.2. The Public Offer terms and conditions are binding on the Seller from the moment they are published on the website. For the Buyer, the terms and conditions of the Public Offer are binding only from the moment of concluding the Agreement.
1.3. The Agreement is considered concluded and enters into force from the moment of the Acceptance of the Public Offer by the Buyer.
1.4. The Offer in its latest version comes into force from the moment the Seller publishes the corresponding version of the Offer on the website and is valid until the Offer is revoked.
1.5. The Seller reserves the right to unilaterally amend the Offer subject to its preliminary publication on the website https://visitukraine.shop/ or revoke it at any time. The current version of the Agreement is always available on the website. If the Seller amends the Offer, such amendments come into force from the moment they are published on the Internet site, unless another date for the changes to come into force is additionally defined when they are published.
2. Concepts and definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meaning:
* "Product" — clothing (hoodies, sweatshirts, T-shirts, etc.), accessories (bags, face masks, etc.) and other goods from the list given in the Online Store, which the Seller offers for sale to the Buyers.
* "Online Store" or "Website" is a means for presenting or selling the Seller's Products by means of an electronic transaction hosted on the Seller's website at https://visitukraine.shop/, which provides an opportunity for the Website visitors to familiarize themselves with the Seller's Product, its appearance, technical characteristics, price, terms of payment, to place a corresponding order and purchase the Product, etc.
* "Seller" is a sole proprietor LLC "VISIT UKRAINE", who posts information about the Products that can be bought in the Online Store, as well as sells the Products presented in the Online Store.
* "Buyer" is an private individual who has accepted this Agreement on the terms set forth below.
* "Order" is a duly executed request (application) of the Buyer for the purchasing Products selected on the website of the Online Store and its subsequent delivery to the address indicated by the Buyer.
* "Public Offer"/"Offer" is a public offer of the Seller addressed to an indefinite scope of persons that concerns the conclusion of an Agreement (electronic Agreement of sale and purchase of Products) under the conditions specified by the Seller in this Agreement.
* "Acceptance" is a full and unconditional acceptance by the person using the website of the Seller's offer to conclude an Agreement (electronic Agreement of sale and purchase of Products) by clicking on the button “Place an Order” by that person on the website when making such an Order.
* “Fondy” is a payment platform, the main task of which is to provide online payment processing on websites, in mobile applications, and in devices of various types connected to the Internet.
* "Recipient" is the Buyer or a person who, on behalf of the Buyer, actually receives the Product delivered by the Forwarding Company.
* "Forwarding Company" is the corresponding company providing delivery services. Order: "Ukrposhta" or "Nova Poshta", as appropriate.
* "Parties" are the Buyer and the Seller.
3. Subject matter of the Agreement
3.1. The Seller undertakes to hand over the Product to the Buyer's ownership under the terms of this Agreement, and the Buyer undertakes to pay and accept the Product under the terms of this Agreement.
This Agreement governs the sale and purchase of the Products in the online Store, including:
- voluntary choice by the Buyer of the Products in the online Store;
- self-finalization by the Buyer of the 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, etc.
3.2. By concluding the Agreement by finalizing and placing the Order of the Product on the Seller's Website, the Buyer confirms that by the time the Acceptance is made, they are fully familiar with and agree with the terms of the Offer.
3.3. By accepting the terms of the Agreement, the Buyer confirms their right and legal capacity in accordance with the current legislation of Ukraine, and also assumes obligations arising from the use of the Website and the conclusion of this Agreement.
4. Procedure for placing an Order:
4.1. The Buyer has the right to place an Order for any Product presented on the Website of the Online Store that is available. The Buyer makes such a placement on the Website on their own.
4.2. If the ordered Product is out of stock, the Seller's representative is obliged to inform the Buyer about this via the contact details left by the Buyer when placing the Order in the Online Store, but no later than thirty days from receiving the duly placed Order from the Buyer.
4.3. If the Product is out of stock, the Buyer has the right to replace it with a Product of a similar model, refuse this Product, and cancel the Order, for which cause the Seller undertakes to return the money paid for the Product to the Buyer in the same form the Buyer paid for the Product in, unless otherwise agreed between the Parties.
4.4. The order is considered to be placed properly if the Buyer has filled in all the fields of the Order form on the Website that allow the Seller to identify the Buyer and contact him:
- full name.
- delivery address;
- contact number;
- email address;
- payment method (payment methods are listed in clause 5.1.)
- the desired method of delivery of the Product from the list offered in the Online Store.
5. Terms of payment
5.1. Payment for the Product is made in the following methods:
- when placing an Order — by bank transfer via the payment system Fondy by paying online on the Website with Visa/MasterCard, ApplePay, and GooglePay.
- cash on delivery upon receiving the Product at the office of the Forwarding Company Nova Poshta, if the Buyer has chosen this option when placing the Order. According to the Agreement, this method is allowed only if the receipt of the Product will take place in a settlement located on the territory of Ukraine, taking into account Clause 6.4 of this Agreement.
5.2. Payment for the Product is made in the national currency of Ukraine.
5.3. If the funds are not received, the Seller reserves the right to cancel the Order, which is considered to be the termination of the Agreement unilaterally.
6. Terms of delivery
6.1. On the territory of Ukraine, delivery of the Products purchased in the Online Store is carried out by the Forwarding Company Nova Poshta LLC by delivering them to the Nova Poshta office specified in the Order, with the subsequent receipt of the Product by the Buyer themselves.
6.2. Together with the Order, the Buyer is provided with the documents stipulated by the current legislation of Ukraine.
6.3. The place of the Product delivery is indicated by the Buyer when placing the Order for the purchase of the Product.
6.4. Product delivery is carried out throughout the entire territory of Ukraine, with the exception of temporarily annexed/occupied territories, as well as outside Ukraine.
6.5. International delivery of the Product outside the territory of Ukraine is carried out by the Forwarding Company Nova Poshta or Ukrposhta, depending on the country of the Product delivery and with a fixed cost.
6.6. When the Products are delivered to the Buyer, the transportation and delivery of such Products is carried out at the Buyer’s expense. The Buyer also pays at their own expense the amount of the money transfer commissions for the purchased Products, including the cost of the “cash on delivery” service to the Forwarding Company, if the Buyer keeps the Product.
6.7. When delivering the Product with the help of a Forwarding Company, the Buyer fully and unconditionally agrees with the Haulage Rules of the corresponding Forwarding Company (including the cost of delivery).
6.8. The ownership of the Product passes to the Buyer from the moment the Product is handed over to the Buyer by any of the methods provided for in the Agreement and the Buyer has paid for the full cost of the Product.
6.9. Sending the Order by the Seller is carried out within 3 working days from the date of the proper placing of the Order by the Seller, but in any case no later than 30 days. The compliance with this period depends on the availability of the Product in the Online Store warehouse.
7. Rights and obligations of the Parties:
7.1. The Seller has the right to:
- unilaterally suspend the sale of the Products to the Buyer or terminate this Agreement if the Buyer violates the terms of this Agreement;
- at any time amend the content and information (including about the Products) offered in the Online Store, however, the characteristics and price of the Product in the Order confirmed by the Seller remain unchanged;
- to amend the terms and conditions of this Public Offer unilaterally by posting (publishing) it in a new version on the Website. The amendments come into force from the moment they are posted (published), unless another date for the amendments to come into force is not additionally specified when they are published.
- refuse to conclude an Agreement if he does not have the ability to sell the relevant Product to the Buyer, subject to the return of funds already paid for the Product to the Buyer;
- arrange the delivery of Orders, involving third parties in providing delivery services;
- exercise other rights provided for by the legislation of Ukraine and this Agreement.
7.2. The Seller is obliged to:
- send the Buyer a confirmation of the Order or inform him about the impossibility of fulfilling the Buyer's Order;
- hand over the Product to the Buyer after they have paid for this Product;
- check the quality and quantity of the Products when they are handed over to the Buyer;
- duly fulfill the terms of this Agreement.
7.3. The Buyer is obliged to:
- timely pay and receive the Order under the terms of this Agreement;
- familiarize themselves with the information about the Product (its description) posted on the Website before placing and sending the Order;
- prior to the Acceptance of this Public Offer, familiarize themselves with all its terms and conditions;
- when placing an Order, provide the Seller with full information necessary to deliver the Order in accordance with the Order form. The Buyer is fully responsible for the provision of false information entailing the impossibility of the Seller's proper fulfillment of its obligations to the Buyer.
- familiarize themselves with the Haulage Rules of the Forwarding Companies before placing the Order.
7.4. The Buyer has the right to:
- place an Order in the Online Store;
- formalize an electronic agreement;
- on the conditions specified in the Agreement, terminate the Agreement in the absence of the Product in the Online Store, in cases of the return of the Product to the Seller, and in other cases stipulated by the Agreement;
- require the Seller to comply with the terms and conditions of this Agreement.
8. Liability of the Parties
8.1. The Parties are responsible for the non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with the current legislation of Ukraine.
8.2. The Seller is not responsible for:
- Product appearance changed by the manufacturer;
- slight discrepancy in the Product colour scheme that may differ from the original product solely due to the different properties of the personal computer monitors of certain models to display the colour scheme;
- content and veracity of the information provided by the Buyer when placing the Order, including for the Buyer's losses incurred as a result of the incorrect placing of the Order;
- delays and interruptions in the Order processing and the Product delivery that occur for the reasons beyond the Seller’s control;
- damage caused as a result of Buyer’s improper use of the Product;
- action or inaction of third parties, including for damage caused to the Buyer as a result of illegal actions of third parties. The Seller does not reimburse the Buyer for damage related to such action or inaction;
- unlawful illegal actions committed by the Buyer through this access to the Internet;
- transferring by the Buyer of their network identifiers — IP, MAC address, login and password to third parties;
- actions of the Forwarding Company, including for the terms of the transportation by the Forwarding Company, as well as for the delivery safety. After handing over the Product to the Forwarding Company, the corresponding Forwarding Company shall be responsible for the Product safety until it is handed over to the Buyer;
- in other cases stipulated by the current legislation of Ukraine and / or the Agreement.
8.3. The Buyer, using the access to the Internet provided to them, is responsible on their own for the harm caused by their actions (personally, even if another person was using their login) to persons or their property, legal entities, the state or the principles of morality.
8.4. In the case of the force majeure circumstances, the Parties are exempted from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure means events of an extraordinary, unforeseen nature, such as hostilities, strikes, riots, accidents, natural disasters, changes in the legislation of Ukraine, as well as other circumstances that have occured after concluding this Agreement and directly affect fulfillment of the terms of this Agreement and the occurrence of which the Parties could not have foreseen and prevented by reasonable means.
8.4.1. The Party, for which it has become impossible to fulfill obligations due to the force majeure circumstances, must immediately inform the other Party in writing about the occurrence of the above-mentioned circumstances, and also provide the other Party with confirmation of the force majeure circumstances within 30 (thirty) calendar days. Such confirmation should be a relevant document issued by an authorized Chamber of Commerce and Industry of Ukraine or another duly authorized state body located at the place where the force majeure circumstances occurred.
8.5. The Parties make every effort to resolve any disagreements solely through negotiations.
8.6. Responsibility for money transfers made by the Buyer lies entirely with the banks and payment systems, the services of which the Buyer decides to use.
9. Return and Exchange Policy. Warranty obligations
9.1. The Buyer has the right to return or exchange the Product of the adequate quality for a similar one from the Seller if the Product had not satisfied them in shape, dimensions, style, color, size, or for other reasons cannot be used by the Buyer for the intended purpose under the following conditions:
A) the Product for the exchange were provided to the Seller within no more than 14 (fourteen) days, not counting the day of purchase;
B) the Product can be exchanged if it has never been used, does not contain indications of use, and if its resalable condition, consumer properties, and tapes are preserved, the package integrity of both the product itself and its components is not damaged;
C) there are no scratches, chips, and scuffs on the Product. It is completely serviceable;
D) the Product’s full completeness is preserved;
E) the Product can be exchanged upon presentation by the Buyer of the payment document issued to the Buyer together with the sold Product, or an electronic payment document sent to the subscriber number or e-mail address provided by the Buyer.
9.1.1. Requirements of clause 9.1. do not apply to the products that, in accordance with Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated 03.19.94 No. 172 "On the Implementation of Certain Provisions of the Law of Ukraine “On Protection of Consumers' Right", are included in the List of the products of the adequate quality that cannot be exchanged (returned). The Seller does not exchange the Product, return the Product and funds, if the Product is included in such a list of products that cannot be exchanged (returned).
9.1.2. When exchanging or returning the Product, it must be sent to the Seller by the same Forwarding Company that originally delivered the Product to the Buyer.
9.2. If the Product does not meet the terms and conditions specified in paragraphs A) — D) of the Clause 9.1.,the Seller has the right to refuse to exchange the Product and return the funds for it.
9.3. Shipping costs for the Product delivery to the Seller during exchanging and returning of the Product shall be borne by the Buyer.
9.4. If at the time of exchanging a similar Product is out of stock, the Buyer has the right to either purchase any other Products from the available range with a corresponding cost recalculation, or terminate the Agreement and get money back in the amount of the cost of the returned Product, or exchange the Product for a similar one as soon as the corresponding Product is on stock. Upon the Agreement termination, the money paid for the Product is returned to the Buyer within the time limits stipulated by the legislation of Ukraine.
9.5. When exchanging or returning the Product, the Buyer is obliged to fill out and sign for their part the corresponding Request for product exchanging (or returning), a sample of which is posted on the Website and provide it to the Seller along with the Product and the settlement documents.
9.6. Return of Product of inadequate quality.
9.6.1. The Buyer, if they adhere to all the Product usage instructions during the warranty period, may return the Product of the inadequate quality to the Seller and demand a proportional reduction in the Product price, free of charge elimination of Product defects within a reasonable time, or reimbursement of the expenses for eliminating the Product defects.
The Buyer's request stipulated by Par. 1 of this Clause shall be submitted to the Seller at the option of the Buyer. The Buyer has the right to submit one of the specified requests, and in case of the failure to fulfil it, declare another specified request.
9.7. The warranty period for the clothes sold by the Seller is 30 (thirty) calendar days from the start of the season:
- spring-summer assortment — from April 1
- autumn-winter assortment — from October 1.
For other Products that do not have statutory or regulatory warranty periods, the warranty period is thirty (30) days.
9.8. The Seller provides quality guarantees for the Product in accordance with the quality requirements established on the territory of Ukraine.
9.9. Warranty obligations do not apply in case of self-repair and / or signs of attempts to repair or dissect the Product, signs of mechanical damage to the Product, etc.
10. Other terms and conditions
10.1. The Online Store was created to organize a remote way of selling products via the Internet.
10.2. The Buyer is responsible for the accuracy of the information specified when placing the order. In doing so, when making an Acceptance (placing an Order) and subsequent payment for the Product, the Buyer gives the Seller their unconditional consent to collecting, processing, storing, and using of their personal data, in the understanding of the Law of Ukraine "On Personal Data Protection".
10.3. If the Buyer has any claims or suggestions during the term of the Agreement, they can appeal the Seller with a written by the Seller’s e-mail: email@example.com, which should indicate the essence of the problem, the Buyer's full name, as well as the return address. The Seller, having received a written request, processes it within 7 (seven) working days from the date of its receipt and gives a written (or in the form the Buyer asks it in) response.
10.4. Using the resource of the Online Store for previewing the Products, as well as for placing an order is free of charge for the Buyer.
10.6. The place of concluding the electronic Agreement is the place of actual residence of a sole proprietor who is the Seller of the Products.
10.7. The Agreement is public and is valid until it is completely fulfilled by the Parties or until terminated by either Party in the manner prescribed by this Agreement and the current legislation of Ukraine.
10.8. Before the term of validity expires, this Agreement may be terminated by mutual agreement of the Parties until the Product is actually delivered by a refund.
10.9. The Parties have the right to terminate this Agreement unilaterally if one of the Parties fails to comply with the terms and conditions of this Agreement and in cases stipulated by the current legislation of Ukraine.
10.10. The invalidity of any clause or part of this Agreement does not lead to the invalidity of the Agreement as a whole.