PUBLIC AGREEMENT (OFFER)
to order, purchase-sale and delivery delivery of goods
This agreement is an official and public offer of the Seller to enter into a contract of sale of the Goods presented on the website https://abcaroma.com.ua/ (hereinafter - the “Online store”). The offer establishes the rules and order of sale of goods through the online store, as well as regulates the relationship between Buyer and Seller in the sale of goods through the online store and the provision of services in connection with such sales.
The Buyer who wishes to purchase the goods in the online store, must carefully read the terms contained in this Offer, and in case of agreement - to accept the terms of the Agreement below.
This Agreement is a public contract in accordance with the Civil Code of Ukraine (Articles 633, 641) and the Law of Ukraine "On Electronic Commerce" (Article 11).
1.2. Goods or Services - the object of the agreement of the parties, which was selected by the Buyer on the website of the online store and added in the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online store - the Seller's website at https://abcaroma.com.ua/, created for the conclusion of retail and wholesale sales contracts on the basis of acquaintance of the Buyer with the description of the Goods offered by the Seller via the Internet.
1.4. Buyer - an able-bodied individual who has reached 18 years of age, receives information from the Seller, places an order to purchase goods presented on the website of the Online Store for purposes not related to business activities, or a legal entity or individual entrepreneur.
1.5. Seller – FOP Vasylenko K.I., ITN 3256319626, location: Kyiv, G. Stalingrada Ave., 11B, apt. (office) 95
1.6. Acceptance - actions of the Buyer / User aimed at accepting the terms of this Offer.
1.7. Order - Buyer's request made in the prescribed manner for purchase of the goods selected on the website and delivery of them to the address specified by the Buyer.
1.8. Sale of goods through the online store - sale of goods by concluding an electronic agreement based on the Buyer's acquaintance with the Seller's proposed description of the goods contained in the catalog of the online store, which excludes the possibility of direct acquaintance of the Buyer with the goods.
1.9. The goods are perfumery and cosmetic products presented for sale on the Seller's website.
1.10.Proposition - information published on the website about a specific product that can be purchased by the Buyer. The proposition includes: information about the goods, information about the price of the goods, methods of payment and delivery, as well as other conditions of purchase of the goods by the Buyer. The terms of the Proposition are determined by the Seller. The Proposition is not an offer, but only information about possible ways to purchase the goods.
1.11.The hotline is one of the ways to provide informational support to Buyers / Visitors. Hotline phone number: +380932207066.
The hotline is open from 9:00 to 19:00 on weekdays.
2. General provisions
2.1. The Seller sells the Goods through the online store at https://abcaroma.com.ua/
2.2. By ordering the Goods through the Online Store, the Buyer agrees to the terms of sale of the Goods set forth in this Agreement. In case of disagreement, the Buyer must not order the Goods through the online store.
2.3. These Terms of Sale of Goods, as well as information about the goods presented on the site, are a public offer in accordance with Article 641 of the Civil Code of Ukraine and Article 11 of the Law of Ukraine “On Electronic Commerce”.
2.4. The Agreement comes into force (is considered concluded) from the moment of receipt by the Seller of the Order duly placed by the Buyer in which should be specified:
• e-mail address, name and last name, patronymic, contact phone number of the Buyer or the person (recipient) specified by him, address to which the goods should be delivered;
• name, quantity and price of goods;
• cost of delivery, in accordance with the conditions specified in the section “Delivery”.
2.5. The Seller has the right to unilaterally change the terms of this Offer at any time. These changes take effect from the moment a new version is posted on the website.
3. Information about the product, the price of the product
3.1. The photos of the Goods presented on the website may differ slightly from the actual appearance of the Goods. Accompanying Goods descriptions / characteristics are provided for information. The Online store does not guarantee the accuracy and completeness of the materials about the products presented on the Website, the main characteristics of the Goods are indicated. The Buyer can get full information about the Goods by contacting the contact center consultants during working hours by phone +380932207066, or by sending an e-mail to: abcaroma.ua@gmail.com. The Seller may at any time without prior notice make changes to the descriptions or photo of the Goods. The Online Store is not liable for any damages (including, but not limited to, damages from loss of profits, data or interruption of business activity) resulting from the use, inability to use or results of use of the Website. To clarify the information about the Goods, the Buyer may contact the consultants of the online store by phone +380932207066 during business hours specified in the Contacts section of the Website, or by sending an e-mail to: abcaroma.ua@gmail.com.
3.2. The price of the Goods presented on the website is specified in hryvnias (UAH).
3.3. Information about the Goods, posted on the website https://abcaroma.com.ua/, is presented for information.
3.4. The Buyer agrees that the price of the Goods, its range and quantity will be relevant only at the time of ordering and may change if the purchase has not been finalized.
3.5. All goods presented on the website are original, which is confirmed by the relevant documents (conclusions of the state sanitary-epidemiological examination or Certificates of Conformity).
3.6. The price of the Goods on the Website may be changed by the Seller unilaterally. Thus the price for the goods which are already ordered by the Buyer is not subject to change.
3.7. The Seller has the right to provide discounts on Goods, conduct promotions, set special prices for Goods. Types of discounts, the order and conditions of their accrual are specified on the Website and may be changed by the Seller unilaterally.
3.8. In case of incorrect indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about it for confirmation of the order at the corrected price or cancellation of the order. If it is impossible to contact the Buyer, this order is considered canceled. If the order has been paid, the Seller returns to the Buyer the amount paid for the Order on the payment card.
4. Order placement
4.1. The Buyer places an order in the Online store via the “Cart” form, or by placing an order by e-mail or by phone number specified in the contacts section of the Online store.
4.2. In the absence of goods ordered by the Buyer in the Online store of the Seller, the Seller has the right to cancel the Buyer's Order, notifying the Buyer by calling by the consultant of the Online store, mail or message to a mobile phone. In case of cancellation of the prepaid Order, the cost of the Goods shall be refunded by the Seller to the Buyer on the payment card.
4.3. By placing an Order, the Buyer confirms his agreement with the terms of this Offer and agrees to the processing of his personal data. The Buyer confirms that he is familiar with the sections “Delivery” and “Payment” of the website and agrees with them and understands them in full. The Seller reserves the right to change the delivery time of the order with the subsequent notification of the Buyer.
4.4. The Buyer bears the risk of adverse consequences for providing false information, which has led to the impossibility of the Seller to properly fulfill its obligations to the Buyer.
4.5. To confirm the Order, the Buyer can be contacted by an Online store consultant, who clarifies the details of the order, and agrees on the date and time of delivery. Confirmation of the order can be done without call of the consultant, by e-mail or message to a mobile number.
4.6. The Seller has the right to refuse to transfer the order to the Buyer if the data provided by the Buyer at the time of placing the order are incomplete or cause suspicion of their authenticity. In case of cancellation of the prepaid order, the cost of the goods is returned by the Seller to the Buyer on the payment card.
4.7. In the absence of the ordered Goods, the Buyer has the right to replace it with another product or cancel the Order by sending messages in the Feedback section in the Personal Account or by calling the hotline.
4.8. The Buyer has the right to cancel the order by calling the hotline.
5. The rights and obligations of the Parties
5.1. The Seller is obliged:
5.1.1. to transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as provided by law and during the execution of the Buyer's Order.
5.2. The Seller has the right to:
5.2.1. change the terms of this Agreement, as well as prices for Goods and Services, unilaterally, placing them on the website of the Online Store. All changes take effect from the moment of their publication.
5.3. The Buyer undertakes:
5.3.1. before concluding the Agreement, read the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.
5.3.2. in order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary information that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.
6. Responsibility
6.1. The Seller shall not be liable for damage caused to the Buyer or third parties as a result of improper use, storage of the Goods purchased from the Seller.
6.2. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.
6.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
6.4. The Seller or the Buyer shall be released from liability for full or partial non-performance of its obligations if the non-performance is the result of force majeure such as war or hostilities, earthquake, flood, fire and other natural disasters that occurred independently of the Seller's will and / or Buyer after concluding this Agreement. A Party that is unable to fulfill its obligations shall immediately notify the other Party.
7. Confidentiality and protection of personal data
7.1. By providing his personal data on the website of the Online Store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as other actions under the Law of Ukraine “On Personal Data Protection” without limiting the validity of such consent.
7.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation if the Seller provides information to contractors and third parties acting on the basis of an agreement with the Seller, for fulfillment of obligations to the Buyer, as well as in cases where disclosure of such information is required by current legislation of Ukraine.
7.3. The Buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or non-performance of its obligations due to the irrelevance of information about the Buyer or inconsistency with its validity.
8. Other conditions
8.1. This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
8.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and / or the Seller have the right to apply to the courts in accordance with applicable law of Ukraine.
The Seller has the right to amend this Agreement unilaterally. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in the manner prescribed by current legislation of Ukraine.
The Buyer who wishes to purchase the goods in the online store, must carefully read the terms contained in this Offer, and in case of agreement - to accept the terms of the Agreement below.
This Agreement is a public contract in accordance with the Civil Code of Ukraine (Articles 633, 641) and the Law of Ukraine "On Electronic Commerce" (Article 11).
- Definition of terms
1.2. Goods or Services - the object of the agreement of the parties, which was selected by the Buyer on the website of the online store and added in the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online store - the Seller's website at https://abcaroma.com.ua/, created for the conclusion of retail and wholesale sales contracts on the basis of acquaintance of the Buyer with the description of the Goods offered by the Seller via the Internet.
1.4. Buyer - an able-bodied individual who has reached 18 years of age, receives information from the Seller, places an order to purchase goods presented on the website of the Online Store for purposes not related to business activities, or a legal entity or individual entrepreneur.
1.5. Seller – FOP Vasylenko K.I., ITN 3256319626, location: Kyiv, G. Stalingrada Ave., 11B, apt. (office) 95
1.6. Acceptance - actions of the Buyer / User aimed at accepting the terms of this Offer.
1.7. Order - Buyer's request made in the prescribed manner for purchase of the goods selected on the website and delivery of them to the address specified by the Buyer.
1.8. Sale of goods through the online store - sale of goods by concluding an electronic agreement based on the Buyer's acquaintance with the Seller's proposed description of the goods contained in the catalog of the online store, which excludes the possibility of direct acquaintance of the Buyer with the goods.
1.9. The goods are perfumery and cosmetic products presented for sale on the Seller's website.
1.10.Proposition - information published on the website about a specific product that can be purchased by the Buyer. The proposition includes: information about the goods, information about the price of the goods, methods of payment and delivery, as well as other conditions of purchase of the goods by the Buyer. The terms of the Proposition are determined by the Seller. The Proposition is not an offer, but only information about possible ways to purchase the goods.
1.11.The hotline is one of the ways to provide informational support to Buyers / Visitors. Hotline phone number: +380932207066.
The hotline is open from 9:00 to 19:00 on weekdays.
2. General provisions
2.1. The Seller sells the Goods through the online store at https://abcaroma.com.ua/
2.2. By ordering the Goods through the Online Store, the Buyer agrees to the terms of sale of the Goods set forth in this Agreement. In case of disagreement, the Buyer must not order the Goods through the online store.
2.3. These Terms of Sale of Goods, as well as information about the goods presented on the site, are a public offer in accordance with Article 641 of the Civil Code of Ukraine and Article 11 of the Law of Ukraine “On Electronic Commerce”.
2.4. The Agreement comes into force (is considered concluded) from the moment of receipt by the Seller of the Order duly placed by the Buyer in which should be specified:
• e-mail address, name and last name, patronymic, contact phone number of the Buyer or the person (recipient) specified by him, address to which the goods should be delivered;
• name, quantity and price of goods;
• cost of delivery, in accordance with the conditions specified in the section “Delivery”.
2.5. The Seller has the right to unilaterally change the terms of this Offer at any time. These changes take effect from the moment a new version is posted on the website.
3. Information about the product, the price of the product
3.1. The photos of the Goods presented on the website may differ slightly from the actual appearance of the Goods. Accompanying Goods descriptions / characteristics are provided for information. The Online store does not guarantee the accuracy and completeness of the materials about the products presented on the Website, the main characteristics of the Goods are indicated. The Buyer can get full information about the Goods by contacting the contact center consultants during working hours by phone +380932207066, or by sending an e-mail to: abcaroma.ua@gmail.com. The Seller may at any time without prior notice make changes to the descriptions or photo of the Goods. The Online Store is not liable for any damages (including, but not limited to, damages from loss of profits, data or interruption of business activity) resulting from the use, inability to use or results of use of the Website. To clarify the information about the Goods, the Buyer may contact the consultants of the online store by phone +380932207066 during business hours specified in the Contacts section of the Website, or by sending an e-mail to: abcaroma.ua@gmail.com.
3.2. The price of the Goods presented on the website is specified in hryvnias (UAH).
3.3. Information about the Goods, posted on the website https://abcaroma.com.ua/, is presented for information.
3.4. The Buyer agrees that the price of the Goods, its range and quantity will be relevant only at the time of ordering and may change if the purchase has not been finalized.
3.5. All goods presented on the website are original, which is confirmed by the relevant documents (conclusions of the state sanitary-epidemiological examination or Certificates of Conformity).
3.6. The price of the Goods on the Website may be changed by the Seller unilaterally. Thus the price for the goods which are already ordered by the Buyer is not subject to change.
3.7. The Seller has the right to provide discounts on Goods, conduct promotions, set special prices for Goods. Types of discounts, the order and conditions of their accrual are specified on the Website and may be changed by the Seller unilaterally.
3.8. In case of incorrect indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about it for confirmation of the order at the corrected price or cancellation of the order. If it is impossible to contact the Buyer, this order is considered canceled. If the order has been paid, the Seller returns to the Buyer the amount paid for the Order on the payment card.
4. Order placement
4.1. The Buyer places an order in the Online store via the “Cart” form, or by placing an order by e-mail or by phone number specified in the contacts section of the Online store.
4.2. In the absence of goods ordered by the Buyer in the Online store of the Seller, the Seller has the right to cancel the Buyer's Order, notifying the Buyer by calling by the consultant of the Online store, mail or message to a mobile phone. In case of cancellation of the prepaid Order, the cost of the Goods shall be refunded by the Seller to the Buyer on the payment card.
4.3. By placing an Order, the Buyer confirms his agreement with the terms of this Offer and agrees to the processing of his personal data. The Buyer confirms that he is familiar with the sections “Delivery” and “Payment” of the website and agrees with them and understands them in full. The Seller reserves the right to change the delivery time of the order with the subsequent notification of the Buyer.
4.4. The Buyer bears the risk of adverse consequences for providing false information, which has led to the impossibility of the Seller to properly fulfill its obligations to the Buyer.
4.5. To confirm the Order, the Buyer can be contacted by an Online store consultant, who clarifies the details of the order, and agrees on the date and time of delivery. Confirmation of the order can be done without call of the consultant, by e-mail or message to a mobile number.
4.6. The Seller has the right to refuse to transfer the order to the Buyer if the data provided by the Buyer at the time of placing the order are incomplete or cause suspicion of their authenticity. In case of cancellation of the prepaid order, the cost of the goods is returned by the Seller to the Buyer on the payment card.
4.7. In the absence of the ordered Goods, the Buyer has the right to replace it with another product or cancel the Order by sending messages in the Feedback section in the Personal Account or by calling the hotline.
4.8. The Buyer has the right to cancel the order by calling the hotline.
5. The rights and obligations of the Parties
5.1. The Seller is obliged:
5.1.1. to transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as provided by law and during the execution of the Buyer's Order.
5.2. The Seller has the right to:
5.2.1. change the terms of this Agreement, as well as prices for Goods and Services, unilaterally, placing them on the website of the Online Store. All changes take effect from the moment of their publication.
5.3. The Buyer undertakes:
5.3.1. before concluding the Agreement, read the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.
5.3.2. in order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary information that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.
6. Responsibility
6.1. The Seller shall not be liable for damage caused to the Buyer or third parties as a result of improper use, storage of the Goods purchased from the Seller.
6.2. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.
6.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
6.4. The Seller or the Buyer shall be released from liability for full or partial non-performance of its obligations if the non-performance is the result of force majeure such as war or hostilities, earthquake, flood, fire and other natural disasters that occurred independently of the Seller's will and / or Buyer after concluding this Agreement. A Party that is unable to fulfill its obligations shall immediately notify the other Party.
7. Confidentiality and protection of personal data
7.1. By providing his personal data on the website of the Online Store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as other actions under the Law of Ukraine “On Personal Data Protection” without limiting the validity of such consent.
7.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation if the Seller provides information to contractors and third parties acting on the basis of an agreement with the Seller, for fulfillment of obligations to the Buyer, as well as in cases where disclosure of such information is required by current legislation of Ukraine.
7.3. The Buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or non-performance of its obligations due to the irrelevance of information about the Buyer or inconsistency with its validity.
8. Other conditions
8.1. This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
8.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and / or the Seller have the right to apply to the courts in accordance with applicable law of Ukraine.
The Seller has the right to amend this Agreement unilaterally. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in the manner prescribed by current legislation of Ukraine.
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