This document is a Public Offer Agreement in accordance with Article 633 of the Civil Code of Ukraine and its terms are the same for all buyers, including legal entities, individuals and individual entrepreneurs. The buyer, who agrees to the terms of this agreement, accepts the terms and procedure for placing an order, payment and delivery of the goods.
The terms of this Agreement regulate the relations between the seller (Silaicheva V. D. Solo Proprietor) and the buyer and are based on the Law of Ukraine “On Protection of Consumer Rights” No. 1023-XII dated May 12, 1991 and the Rules for Retail Trade in Non-Food Goods, approved by Order of the Ministry of Economy of Ukraine No. 104 dated April 19, 2007.
This document is a public offer and is equivalent to an “oral agreement”. According to the legislation of Ukraine, it has legal force.
1. General Terms
1.1. This public offer agreement (hereinafter referred to as the “Agreement”) is an official offer of the Online Store of Adult Products (hereinafter referred to as the “Seller”) to conclude a contract for the purchase and sale of goods remotely (hereinafter referred to as the “Goods”) with any individual or legal entity (hereinafter referred to as the “Buyer”) who has agreed to the terms of this Agreement.
1.2. The Seller undertakes to sell the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms specified in this Agreement.
2. Subject of the Agreement
2.1. The Seller provides the Buyer with the opportunity to purchase the Goods posted on the Online Store website at https://fairy-dreams.fun.ua/ (hereinafter referred to as the “Site”), in accordance with the terms of this Agreement, including:
- voluntary selection by the Buyer of goods in the Online Store;
- independent placement of an order by the Buyer in the Online Store;
- payment by the Buyer of an order placed in the Online Store;
- processing and delivery of the order to the Buyer in the ownership of the Buyer under the terms of this Agreement.
2.2. The Product is presented on the Site with an indication of its name, price, description, characteristics and related services (if any).
2.3. All prices for the Product are indicated on the Site in Ukrainian hryvnias, including VAT, and may be changed by the Seller unilaterally. Price changes do not apply to orders already placed by the Buyers.
2.4. The Buyer’s order for the Product placed on the Site is considered to be placed from the moment of its confirmation by the Seller by sending an e-mail to the address specified by the Buyer when placing the order on the Site.
3. Order placement, payment terms and delivery of the Product
3.1. The Buyer independently places an order in the Online Store or by telephone (messengers) using the contacts specified in the Online Store.
3.2. The cost of the Goods indicated on the Site includes the cost of the Goods themselves, the cost of delivery to the Buyer’s location is calculated separately by the delivery service, unless otherwise indicated on the Site.
3.3. Payment for the Goods is made by the Buyer at the time of placing an order on the Site using any of the payment methods available on the Site.
3.4. Delivery of the Goods is made by the Seller after confirmation of payment for the Goods by the Buyer and agreement with the Buyer on the date and time of delivery.
3.5. Delivery of the Goods is carried out on the terms specified on the Site. The delivery time may vary depending on the region and delivery method. The Seller is not responsible for delivery delays caused by actions of third parties, force majeure events or incorrectly specified data by the Buyer.
3.6. Upon delivery of the Goods, the Buyer undertakes to accept it and pay the cost in accordance with the terms of this Agreement. Payment for the delivery cost is made by the Buyer to the carrier company independently upon receipt of the goods. The exact cost of delivery is determined by the Carrier.
4. Exchange/return of Goods of proper quality and consideration of claims
4.1. The Buyer has the right to return the Goods of proper quality within 14 (fourteen) calendar days from the date of its receipt. The return of the Goods is carried out in accordance with the legislation of Ukraine.
a) the goods for exchange were provided to the Seller for no more than fourteen days, not counting the day of purchase;
b) the goods can be replaced if they have never been in operation, do not contain traces of use and if their presentation, consumer properties, seals, labels, films are preserved, the integrity of the packaging of both the goods themselves and their components is not violated;
c) the goods do not contain scratches, chips, abrasions, are fully functional;
d) the completeness of the sold goods is preserved;
e) the goods can be replaced upon presentation by the Buyer of the payment document issued to the Buyer together with the sold goods.
4.1.1. The requirements of clause 4.1. do not apply to goods that, in accordance with Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated 19.03.94 No. 172 “On the Implementation of Certain Provisions of the Law of Ukraine “On Protection of Consumer Rights”, are included in the List of Goods of Proper Quality that are Not Subject to Exchange/Return.
4.2. If the goods do not meet the conditions specified in clauses a) – e) of clause 4.1., the seller has the right to refuse to exchange/return the goods.
4.3. When returning the Goods of Proper Quality, the Buyer pays the costs associated with by leaving the Goods with the Seller.
4.4. Return of Goods of inadequate quality is carried out in accordance with the legislation of Ukraine.
4.5. In the event that the Buyer has any claims regarding the quality of the Goods, the Buyer is obliged to notify the Seller thereof within 7 (seven) calendar days from the date of receipt of the Goods. Claims are considered by the Seller within 30 (thirty) calendar days from the date of receipt of the notification of claims.
5. Confidentiality and protection of personal data
5.1. The Seller undertakes to ensure the confidentiality of the Buyer’s personal data provided by him during registration on the Site and when placing an order.
5.2. Processing of the Buyer’s personal data is carried out in accordance with the legislation of Ukraine and the Privacy Policy posted on the Site.
6. Rights and obligations of the parties
6.1. The Seller is obliged to:
a) comply with the terms of this Agreement;
b) transfer the goods to the Buyer in accordance with the selected sample located in the online store, issued by the order and the terms of this Agreement;
c) the online store is not responsible, cannot act as a defendant in court and does not compensate for losses incurred by the Buyer due to actions or inaction of third parties.
6.2. The Seller has the right to unilaterally suspend the provision of services under this Agreement in the event of a violation by the Buyer of the terms of this Agreement.
6.3. The Buyer is obliged to:
a) familiarize himself with the information about the goods posted on the Seller’s Website;
b) independently place an order on the Website, timely pay for and receive the order from the Carrier under the terms of this Agreement;
c) upon receipt of the goods from the Carrier, make sure of its integrity and completeness by inspecting the contents of the packaging. In case of damage and incompleteness, record them in a report, which must be signed by the carrier’s employee together with the Buyer.
6.4. The Buyer has the right to demand that the Seller comply with the terms of this Agreement.
7. Liability of the Parties
7.1. The Seller is not liable for failure to fulfill or improper fulfillment of its obligations under this Agreement in the event of force majeure.
7.2. The Seller is not liable for the content of information posted on the Site by third parties.
7.3. The Buyer is responsible for the accuracy of the data provided to them during registration and order placement.
7.4. The Buyer is responsible for the use of the Goods purchased on the Site in accordance with the legislation of Ukraine.
7.5. The Seller is not liable for direct or indirect losses caused to the Buyer as a result of the use of the Goods purchased on the Site.
7.6. The Seller guarantees the confidentiality of information received from the Buyer when using the Site. The Seller undertakes not to disclose the Buyer’s personal data to third parties, except in cases stipulated by the legislation of Ukraine. The Seller is not responsible for the disclosure by the Buyer of his personal data to third parties.
8. Dispute Resolution
8.1. All disputes and disagreements that may arise between the parties under this Agreement shall be resolved in accordance with the legislation of Ukraine
8.2. The Parties shall make every effort to resolve any disagreements exclusively through negotiations.
8.3. If it is impossible to resolve disputes through negotiations, they will be referred to court in accordance with the legislation of Ukraine.
9. Amendments to the Terms of the Agreement
9.1. The Seller has the right to unilaterally amend this Agreement. The amendments shall enter into force from the moment they are posted on the Site.
9.2. If the Buyer does not agree with the amendments, he must stop using the Site.
10. Final Provisions
10.1. This Agreement is drawn up and is valid in accordance with the legislation of Ukraine.
10.2. This Agreement is a public offer and comes into force from the moment of acceptance by the Buyer by placing an order on the Site.
10.3. Failure by the Buyer to comply with the terms of this Agreement may result in the blocking of his account on the Site without notice.
10.4. If any provision of this Agreement is declared invalid or unenforceable in court, this will not affect the validity or applicability of other provisions of this Agreement.
10.5. The Parties confirm that all negotiations, minutes and documents related to this Agreement are considered confidential and cannot be disclosed to third parties without the consent of the other party.
10.6. Information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for the purpose of operating the Online Store (sending notifications to the Buyer about the fulfillment of the order, sending advertising messages, etc.).
10.7. The Seller reserves the right to send informational messages and advertising materials to the Buyer’s e-mail with his consent. The Buyer has the right to refuse to send them upon request to the Site support service.
10.8. This Agreement may be terminated at any time by mutual consent of the parties.
10.9. All disputes and disagreements that may arise in connection with this Agreement or in connection with its violation shall be subject to resolution
