This Sales Agreement (hereinafter referred to as the “Agreement”) is a public contract concluded remotely and, at the same time, a public offer—an invitation by the Seller to conclude a public contract for the sale of the Goods via means of distance communication, i.e., through the Seller’s online store located at bustierbrand-com-672191.hostingersite.com by any interested party in accordance with the terms and conditions set forth in this Agreement.
1.1. The terms and definitions set forth in this Agreement shall have the following meanings:
Website – the website of the Seller’s online store located on the Internet at bustierbrand-com-672191.hostingersite.com, including all of its web pages.
Seller – Individual Entrepreneur Nazarchuk Yuliia Hryhorivna, registration entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations No. 2000690010002042179.
Buyer – any legally capable individual who has reached the age of eighteen, as well as a legal entity or an individual entrepreneur who intends to place and/or places an order on the Website for the paid purchase of Goods.
Goods – the list of products published on the Website that are offered for sale under the terms of this Agreement on a distance-selling basis, using means of remote communication via the Seller’s online store.
Public Contract – a contract under which the Seller undertakes to provide the opportunity to purchase Goods to any person who applies, under the conditions set forth in this Agreement.
Public Offer – a public proposal addressed to an indefinite number of persons by the Seller to conclude an electronic distance sales agreement for Goods via the Seller’s online store under the conditions specified by the Seller.
Acceptance – the Buyer’s full and unconditional consent to the Seller’s offer to conclude the Public Contract under the terms of the Public Offer, expressed through actions performed by the Buyer as provided for in this Agreement and aimed at accepting its terms.
Order – a properly completed and placed request by the Buyer via the Website for the purchase of selected Goods.
Material Defect – a defect that makes it impossible or unacceptable to use the Goods in accordance with their intended purpose, arises due to the fault of the manufacturer (Seller), reappears after elimination for reasons not dependent on the Buyer’s use, and is characterized by at least one of the following conditions: it cannot be eliminated at all; its elimination requires more than four calendar days; or it makes the Goods substantially different from what is stipulated by the Agreement.
Defect – any non-compliance of the Goods with the requirements of regulatory legal acts and regulatory documents, the terms of this Agreement, or the requirements normally imposed on such Goods, as well as any discrepancy with the information about the Goods provided by the manufacturer (Seller).
1.2. This Agreement is a standard-form contract pursuant to Article 633 of the Civil Code of Ukraine, the terms of which are uniform for all buyers.
1.3. This Agreement is posted on the Website and constitutes a public offer in accordance with Article 633 of the Civil Code of Ukraine.
1.4. This Agreement is a standard-form contract, meaning it can only be entered into by the Buyer accepting the proposed contract in its entirety. The Buyer may not propose its own terms and conditions.
1.5. The Seller provides the Product offered for sale herein. Information about the Product posted on the online store, including photographs, may differ from the actual appearance of the Product. The description and specifications of the Product provided on the website do not contain exhaustive information about the Product and may be subject to change. The Buyer may obtain complete information about the Product of interest by contacting the Seller. Information on how to contact the Seller is available on the Website.
1.6. The price of the Product and the shipping cost are listed on the Website in the relevant sections and are also displayed when placing an Order and in the Order confirmation email.
1.7. The price of the Product and the shipping cost are listed on the Website in the relevant sections and are also displayed during checkout. 1.7. By entering into this Agreement, the Buyer confirms that they have fully reviewed and agree to its terms and conditions, and if the Buyer is an individual, they consent to the processing of their personal data for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and receiving invoices, additional delivery notes, and other documents. Consent to the processing of personal data applies to all provisions of the Agreement. Furthermore, by entering into this Agreement, the Buyer confirms that they have been informed (without additional notice) of the rights established by the Law of Ukraine “On Data Protection” regarding the collection of personal data. The scope of the Buyer’s rights as a data subject under the Law of Ukraine “On the Protection of Personal Data” is known and understood by the Buyer, as well as in the electronic confirmation message for the Order.
1.8. This Agreement shall be deemed to have been entered into upon the Buyer’s submission of the Order in accordance with Section 4 of this Agreement.
2.1. The Seller agrees to transfer ownership of the Goods to the Buyer, and the Buyer agrees to pay for and accept the Goods in accordance with the terms of this Agreement.
2.2. Ownership of the Goods passes to the Buyer upon the Buyer’s acceptance of the Goods under the terms set forth in this Agreement.
2.3. The Seller warrants that the Goods have not been pledged as collateral, are not the subject of any dispute, are not subject to any attachment, and are free from any third-party rights.
2.4. The Seller and the Buyer confirm that this Agreement is not a sham transaction, a fictitious transaction, or a transaction entered into under duress or fraud.
3.1. The Buyer’s acceptance of the offer to enter into this Agreement is effected by placing an Order for the Product in the Online Store under the terms and conditions set forth in this Agreement.
4.1. The Buyer selects the Products on the website and adds the selected Products to the “Cart” by clicking the “Add to Cart” button.
4.2. After clicking the “Proceed to Checkout” button, the Buyer fills out the Order form, providing their first name, last name, email address, phone number, shipping address, payment method, shipping method, and other information necessary for the Seller to fulfill its obligations under the Agreement.
4.3. By clicking the “Confirm Order” button, the Buyer agrees to all the terms and conditions of this Agreement and confirms that they have received comprehensive information about the Product, its main characteristics, price, shipping cost, and delivery terms.
4.4. An order placed after completing the actions specified in Sections 4.1 and
4.5 of the Agreement and clicking the “Confirm Order” button.
5.1. The Buyer selects the Products on the website and adds the selected Products to the “Cart” by clicking the “Add to Cart” button.
5.2. The Seller confirms the Order by sending an email (electronic message) regarding the Product, specifying its main characteristics, the Order number assigned by the Seller, the price, the Product’s quantity, the delivery cost, information regarding the delivery terms of the Product ordered by the Buyer (that the Buyer ordered the Product for delivery), as well as a link to this Agreement.
5.3. If the Seller is unable to fulfill a confirmed Order due to the ordered Product being out of stock, the Seller shall notify the Buyer of this fact no later than 30 (thirty) days from the date the Order was placed.
6.1. The registration section on the Website is located under “My Account.”
6.2. Registration on the Website is not required to place an Order.
6.3. When registering on the Website, the Buyer agrees to provide truthful and accurate information about themselves and their contact details so that the Seller can fulfill its obligations to the Buyer and deliver the Goods to them.
6.4. The Buyer agrees not to disclose to third parties the username and password provided by the Buyer during registration.
6.5. The Buyer is fully responsible for the safekeeping and security of the usernames and passwords provided during registration on the Website.
6.6. The Buyer is responsible for all actions taken on their behalf, that is, using their username and password.
7.1. The price of the Product is indicated on the Website for each unit of the Product individually and includes gifts.
7.2. All prices for the Product are stated in the national currency of Ukraine – the hryvnia. Prices for the Product may additionally be stated in US dollars or another foreign currency, but all settlements for the Product are made in hryvnia. Depending on fluctuations in the exchange rate set by the National Bank of Ukraine, the actual amount of funds debited from the Buyer’s account in foreign currency may differ from the price of the Product in foreign currency indicated on the Website. All costs associated with commission and other fees that the bank may charge for currency conversion shall be borne by the Buyer.
7.3. Payment for the Product shall be made by non-cash method using bank cards in accordance with the relevant payment system.
7.4. Payment for the Product using a bank card shall be made immediately after the Buyer selects the Product.
8.1. Delivery of the Product is carried out on the territory of Ukraine by the Seller independently or with the help of third parties (delivery service, transport company, etc. at the Seller’s choice).
8.2. If the Product selected by the buyer is in stock at the Seller’s warehouse, delivery shall be made within 30 (thirty) calendar days from the date of placing the Order in accordance with Section 4 of this Agreement.
8.3. Regardless of the chosen method of delivery of the Product, the Seller’s obligation to deliver the Product shall be deemed fully performed from the moment the Product is handed over to the transport company or courier making the delivery.
8.4. If the delivery of the Product is carried out by a transport company, the delivery of the Product shall be carried out under the delivery terms of the transport company.
8.5. The Product shall be handed over to the Buyer upon presentation of an identification document by the person receiving the Product.
8.6. The costs of delivering the Product shall be paid by the Buyer, unless otherwise provided by the delivery conditions for a specific period of time.
8.7. The cost of delivery is set in accordance with the tariffs of the delivery service or transport company making the delivery.
8.8. The Buyer may familiarise themselves with the cost of delivery (tariffs) within Ukraine through the delivery service or transport company that will carry out the delivery.
9.1. If the Buyer orders the Product without delivery, they may personally collect the ordered Product at the Seller’s address indicated on the Website.
9.2. Acceptance of the Product shall be carried out by the Buyer at the time of delivery or upon collection of the Product by the Buyer at the Seller’s address. If payment for the Product is made in cash, the Product shall be handed over to the Buyer after full payment of its cost.
9.3. When accepting the Product, the Buyer is obliged to check the external integrity of the packaging, then open it and verify the proper external condition of the Product (absence of mechanical damage) and the completeness of its set.
9.4. If there are any objections regarding the quality and completeness of the Product, the Buyer is obliged to accept the Product.
9.5. Together with the Product, the Seller is obliged to provide the Buyer with a payment document certifying the fact of purchase, indicating the date of sale, and instructions for the care of the Product.
9.6. If, during acceptance of the Product, the Buyer discovers defects or significant defects in the Product, the Buyer has the right to refuse acceptance of the Product and terminate this Agreement, or refuse acceptance of the Product and demand replacement of the Product with the same product or with a similar product from among those available at the Seller.
10.1. The Buyer has the right to return or exchange the received Product of appropriate quality for a similar product within 14 (fourteen) calendar days from the date of receipt of the Product, excluding the day of purchase, provided that all the following conditions are met in conjunction:
10.1.1. The Product has not been used, its appearance, consumer properties, seals, labels, as well as the payment document issued to the Buyer together with the sold Product have been preserved.
10.1.2. The Product is not included in the list of products defined in Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine No. 172 of March 19, 1994 “On the Implementation of Certain Provisions of the Law of Ukraine ‘On Consumer Protection'” as those not subject to exchange and/or return (for example, underwear, hosiery, and others).
10.2. The Buyer has no right to return or exchange underwear and hosiery products of appropriate quality for any reason.
10.3. If at the time of exchange a similar Product is not available for sale, the Buyer has the right to either purchase any other Product from the available assortment with a corresponding recalculation of the cost, or terminate the Agreement and receive back the money in the amount of the cost of the returned Product, or exchange the Product for a similar one upon the first arrival of the corresponding Product into sale.
10.4. If within the established warranty period significant defects that arose due to the fault of the manufacturer of the Product (Seller) are discovered, or falsification of the Product is confirmed by an expert opinion, the Buyer has the right, at their own choice, to either terminate the Agreement with a refund of the amount paid for the Product, or demand replacement of the Product with the same Product or with a similar Product from among those available at the Seller.
10.5. The Buyer or the Seller have the right to terminate this Agreement at any time before acceptance of the Product by the Buyer.
10.6. The Buyer has the right to terminate this Agreement within 14 (fourteen) calendar days from the date of production of the Product, excluding the day of purchase, subject to the simultaneous compliance with all the conditions provided for in clauses 10.1.1. and 10.1.2. of this agreement.
10.7. If the Product was sent by the Buyer by mail, then in the event of termination of the Agreement, such Product must also be returned by mail.
10.8. The Seller undertakes to reimburse the Buyer’s expenses in connection with the return of the Product having defects specified in clause 10.4.
10.9. In the event of termination of the Agreement and return of the Product that has already been paid for by the Buyer by non-cash method, the funds paid by them shall be returned by the Seller within 7 (seven) working days from the moment of return of the Product.
10.10. If the Buyer refuses to accept the Product that has already been paid for by non-cash method and decides to terminate the Agreement, the funds paid by them shall be returned by the Seller within 7 (seven) working days from the moment of termination of the Agreement.
11.1. The Seller guarantees that the Product complies with the state standards and/or technical specifications of Ukraine that establish requirements for such type of Product.
11.2. The Seller is not liable for defects of the Product that arose after its transfer to the Buyer as a result of the Buyer violating the rules of use (instructions for the care of the Product) or storage of the Product, actions of third parties, or force majeure.
11.3. The Seller sets a warranty period for the Product of 90 days. The warranty period begins on the day following the acceptance of the Product by the Buyer.
11.4. If defects of the Product are discovered within the established warranty period, the Buyer has the right to demand:
11.4.1. A proportionate reduction in the price.
11.4.2. Free of charge elimination of the defects of the Product within a reasonable time.
11.4.3. Reimbursement of expenses for eliminating the defects of the Product.
11.5. During warranty repairs, the warranty period shall be extended by the time the Product remains under repair.
12.1. This gift certificate policy (“Policy”) governs the use and redemption of gift certificates (“Gift Certificate”) purchased at zhilyova.ua (“Website”). By purchasing or using a Gift Certificate, you agree to the terms set forth in this Policy.
12.2. Gift Certificates may be used for only one transaction and cannot be split into multiple transactions or broken down into a smaller amount. The entire value of the Gift Certificate must be used for each purchase.
12.3. If a purchase is made using a Gift Certificate and the purchase amount is less than the value of the Gift Certificate, any remaining balance on the Gift Certificate will be cancelled. No refund, credit, or cash payout will be given for any unused portion of the Gift Certificate.
12.4. Gift Certificates are valid for the term specified at the time of purchase or in accordance with applicable law. After the expiry date, Gift Certificates cannot be used and are not subject to return or exchange. Gift Certificates are non-refundable and cannot be exchanged for cash or credit, in whole or in part.
12.5. The Company reserves the right to change or amend this Policy at any time without prior notice. Any changes take effect immediately upon posting on the Website. It is your responsibility to periodically review this Policy to stay informed of updates.
12.6. By purchasing, accepting, or using a Gift Certificate, you agree to be bound by the terms set forth in this Policy, which may be amended from time to time. If you do not agree with any part of this Policy, you must not purchase, use, or redeem a Gift Certificate on our Website.
13.1. In the event of complaints regarding the purchased Product, the Buyer has the right to contact the Seller by sending an email to the email address posted on the Website.
13.2. The term for reviewing claims is up to 10 (ten) working days from the date of receipt of the claim.
13.3. To a claim regarding significant defects of the Product that arose due to the fault of the manufacturer (Seller) of the Product, or falsification of the Product, the Buyer is obliged to attach an expert opinion.
13.4. After the Product has been received by the Buyer, claims regarding the external appearance of the Product or its completeness shall not be accepted.
14.1. The term of validity of this Public Offer is established from 01.07.2019 and is automatically extended for each subsequent year.
14.2. The withdrawal of this Public Offer may be made by the Seller at any time, which shall not be grounds for termination of already concluded Agreements.
14.3. The Seller has the right to unilaterally make changes to this Agreement with simultaneous posting thereof on the Website. Changes made to this Agreement shall not apply to Agreements concluded prior to the posting of such changes on the Website.
15.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in accordance with the procedure provided for in this Agreement and the current legislation of Ukraine.
15.2. In the event of force majeure, the Parties shall be released from performance of the terms of this Agreement. Force majeure circumstances mean events that are of an extraordinary, unavoidable, and unforeseeable nature that exclude or objectively hinder the performance of this Agreement, the occurrence of which the Parties did not foresee and could not prevent by reasonable measures.
15.3. The Party invoking force majeure must promptly notify the other Party of the occurrence of such circumstances.
