Proposal to conclude a contract (offer) for the purchase and sale of goods in the online Embroidered Clothing Store
Individual Entrepreneur Florinska Alla Oleksandrivna (hereinafter referred to as the Seller) offers to conclude a contract for the purchase and sale of Goods presented on the website. This contract is public, meaning its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. The Site User, who wishes to purchase goods at https://kram.kr.ua (hereinafter referred to as the Buyer), fully accepts the terms and conditions of order processing, payment for goods, delivery of goods, return of goods, responsibility for unfair ordering, etc. The contract is considered concluded from the moment the "Place an order" button is pressed on the order processing page in the "Cart" section and the Buyer receives confirmation of the order from the Seller in electronic form.
1. Definition of terms
1.1. Public offer (hereinafter referred to as the Offer) - a public offer from the Seller addressed to the User to conclude a distance purchase and sale agreement (hereinafter referred to as the Agreement) on the terms set out in this Offer.
1.2. Goods - the subject matter of the agreement between the parties, which was selected by the buyer on the website of the online store and placed in the cart, or already purchased by the Buyer from the Seller by distance means.
1.3. Online store - the Seller's website at https://kram.kr.ua, created for the conclusion of retail or wholesale purchase and sale agreements.
1.4. Buyer - a capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the online store.
1.5. Seller - Individual Entrepreneur Florinska Alla Oleksandrivna (identification code 2851301589), acting in accordance with the current legislation of Ukraine.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance of the terms of the Agreement by the Buyer are considered to be the date of confirmation of the order by the Seller in electronic form, after the Buyer fills out the order form located on the website of the Online Store.
3. Order Processing
3.1. The Buyer independently places an order in the Online Store through the "Cart" form or makes an order by email or by phone number indicated in the contact section of the Online Store.
3.2. The Seller has the right to refuse to transfer the goods to the Buyer if the information provided by the Buyer during the order processing is incomplete or raises suspicion as to its authenticity.
3.3. When placing an order by any method specified in clause 3.1. of the Agreement, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Last name, first name of the Buyer;
3.3.2. Address to which the Goods should be delivered (if delivery to the Buyer's address) or the branch;
3.3.3. Contact phone number;
3.3.4. Name, quantity, price of the selected Goods.
3.4. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
3.5. After placing the Order, the Buyer's data is entered into the Seller's database. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.6. By concluding the Agreement, i.e. accepting the terms of this offer (the proposed terms of purchasing the Goods) by placing an Order, the Buyer confirms the following:
a) The Buyer is fully acquainted with and agrees to the terms of this offer;
b) The Buyer gives permission for the collection, processing, and transfer of personal data, and the permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the agreement, the Buyer confirms that he/she has been informed (without additional notice) about the rights established by the Law of Ukraine "On the Protection of Personal Data", the purposes of data collection, as well as that his/her personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, the possibility of conducting mutual settlements, as well as for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his/her personal data to third parties without any additional notice to the Buyer in order to fulfill the Buyer's order. The Buyer is aware of and understands the extent of his/her rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data".
4. Price and Delivery of Goods
4.1. Prices for Goods are determined by the Seller independently and indicated on the website of the Online Store. All prices are indicated in hryvnias.
4.2. Prices for Goods may be changed by the Seller unilaterally, depending on the market conditions. However, the price of a separate unit of Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The price of the Goods is fixed at the time of placing the order on the website.
4.4. The cost of the Goods, which is indicated on the website of the online store, does not include the cost of delivering the Goods to the Buyer to the courier service branch or to the address. The cost of delivering the Goods is paid by the Buyer in accordance with the current tariffs of delivery services (carriers) chosen by the Buyer directly to the chosen delivery service (carrier).
4.5. The Buyer's obligation to pay for the Goods is considered fulfilled from the moment the funds are received by the Seller.
4.6. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the website of the online store in the Payment and Delivery sections.
4.7. The Buyer or his/her representative, upon receipt of the Goods, confirms by his/her signature in the sales receipt/ or in the order/ or in the delivery note for goods that there are no claims regarding the quantity of the Goods, its appearance, and completeness.
4.8. The Seller sends the fiscal receipt for the paid goods through the EAS, by email (e-mail), Viber, Telegram, WhatsApp, or SMS, and the appropriate program must be installed on the device. Sending messages is done in general from the owner of the SIM card.
5. Rights and Obligations of the Parties
5.1. The Seller undertakes:
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 in cases provided by law and when fulfilling the Buyer's order.
5.2. The Seller has the right:
5.2.1. To change the terms of this Agreement, as well as the prices for Goods, unilaterally, by posting them on the website of the Online Store. All changes take effect from the date of their publication. These changes do not apply to goods for which an Order has already been placed.
5.3. The Buyer undertakes:
5.3.1. Before concluding the Agreement, to familiarize himself/herself with 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 his obligations to the Buyer, the Buyer must provide all necessary data that unambiguously identify him/her as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.
5.3.3. To pay the commissions of banks and payment systems through which payment is made.
5.4. The Seller undertakes:
5.4.1. To deliver the Goods to the Buyer in accordance with the order, within a reasonable time, but not later than 14 days.
6. Return and Exchange of Goods
6.1. The Seller carries out the return and exchange of Goods of proper quality in accordance with the Law "On Consumer Protection" within 14 days from the date of its receipt. The Buyer has the right to exchange the Goods for a similar one or demand a 100% refund of its value.
6.2. The return of Goods of proper quality to the Seller's address is carried out at the expense of the Buyer, and the Seller does not compensate the Buyer for the return of the Goods. If the return of the Goods is due to the Seller's mistake, the Seller compensates for the costs of its return or exchange.
6.3. The cost of the Goods is refunded by bank transfer to the Buyer's account within 5 working days. Promotional goods are not subject to exchange or return.
6.4. In case of defects in the Goods discovered within the warranty period, the Buyer has the right to make claims to the Seller in accordance with the Law of Ukraine "On Consumer Protection" personally, in the manner and within the time limits provided by the legislation of Ukraine. When making claims for free elimination of defects, the time for their elimination is calculated from the date of receipt of the Goods by the Seller at his disposal and physical access to such Goods.
6.5. The consideration of claims provided for by the Law of Ukraine "On Consumer Protection" is carried out by the Seller provided that the Buyer provides the documents provided by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that have arisen after its transfer to the Buyer as a result of the Buyer's violation of the rules of use or storage of the Goods, actions of third parties, or force majeure.
6.6. The Buyer returns the Goods, in cases provided by law and this Agreement, by sending it by Ukrposhta to the request to the branch 25001 Kropyvnytskyi or by Nova Poshta to the branch 10 Kropyvnytskyi, recipient: Florinska A.O., tel .: +380973446410; After sending the Goods, the Buyer informs the Seller of the transport waybill number on the Seller's contacts.
7. Liability
7.1. The Seller is not responsible for any damage caused to the Buyer or third parties due to improper use or storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper or untimely fulfillment of Orders and its obligations in case the Buyer provides inaccurate or incorrect information.
7.3. The Parties are released from liability for complete or partial non-fulfillment of their obligations if such non-fulfillment is due to force majeure circumstances that arose independently of their will. The Party that cannot fulfill its obligations immediately notifies the other Party of this.
8. Confidentiality and Personal Data Protection
8.1. By providing their personal data on the website of the Online Store during registration or order processing, the Buyer voluntarily gives the Seller their consent to the processing, use (including transfer) of their personal data, as well as to other actions provided for by the Law of Ukraine "On the Protection of Personal Data", without limiting the term of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. Providing the Buyer's information to third parties by the Seller for the purpose of fulfilling the Seller's obligations to the Buyer is not considered a violation, as well as in cases when the disclosure of such information is established by the requirements of the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping his/her personal data up to date. The Seller is not responsible for the improper fulfillment or non-fulfillment of his/her obligations due to the obsolescence of the Buyer's information or its inconsistency with reality.
9. Other conditions
9.1. This agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to settle the dispute through negotiations, the Buyer and/or the Seller have the right to apply to the courts for the resolution of the dispute in accordance with the current legislation of Ukraine.
9.3 Please note that in rare cases, there may be an oversort of models in stock, and the ordered item through the website cart may not be available at the time of order assembly. In such a case, our managers will contact you before shipping the order and offer a replacement for the missing item (different color/size or different model) - or a refund to your balance.
9.10 Please note that the color of the fabric and embroidery of the product may slightly differ from the image on the screen due to the inaccuracy of color transmission by the monitor.
