Impressum

Public offer

This contract is the official and public offer of the Seller to conclude a contract of sale of the Goods posted on the website www.pavagardenboutique.shop In accordance with Articles 633, 641 of the Civil Code of Ukraine, this contract is public, its conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur). By concluding this Agreement, the Buyer fully and unquestioningly accepts the terms and conditions of placing an order, payment for goods, delivery of goods, return of goods, liability for fraudulent orders and all other terms of the agreement. The contract is considered concluded from the moment the Buyer registers on the website of the online store/orders the goods by e-mail or by phone and receives the invoice for payment, and on the condition that the Buyer pays the invoice in full within the terms specified in the invoice.

1. Terms and definitions

Product or Service - the object of the agreement of the parties, selected by the Buyer on the Internet store website and placed in the "basket"/ordered by e-mail/telephone using the customer support service, or already purchased by the Buyer from the Seller remotely.

Online store - the Seller's website at the address www.pavagardenboutique.shop, created for the purchase and sale of goods by concluding retail and wholesale sales contracts based on the Buyer's familiarization with the description of the Goods proposed by the Seller using the Internet.

The buyer is a legally competent natural person who has reached the age of 18 and has full civil legal capacity - including - to conclude contracts that have legal force, according to the current legislation of Ukraine, or a legal entity / natural person-entrepreneur who concluded a contract for the purchase and sale of goods through placing an order and receiving confirmation of placing an order from the Seller and who purchased goods or services using the online store. To confirm the status of the Buyer, it is necessary to fill out the registration form. At the same time, the online store reserves the right to reject any purchase order, to block the Buyer without specifying the reasons.

The seller is a natural person-entrepreneur Olena Solodka. The seller can also be another legal entity or an individual entrepreneur who posts on the Site information about the goods he sells and/or the services he offers. The name of the Seller is indicated in the invoice and in the documents for the transfer of the Goods to the Buyer.

Order - the Buyer's expression of will regarding the purchase of the Goods selected by him in the online store by concluding a sales contract, executed in the appropriate manner by filling out an electronic form on the website directly by the Buyer and/or by telephone through a support service employee. The confirmation of the fact of placing an order is the issuance of an invoice by the Seller, provided that it is fully paid by the Buyer within the terms specified in the invoice.

Delivery service - third parties who provide services for the delivery of orders to the Buyer (Ukrposhta, USPS, UPS, DHL and others).

2. The subject of the contract, the procedure for its conclusion

The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to accept and pay for the Goods under the terms of this Agreement.

Acceptance (acceptance) of the terms of the Public Agreement is considered the fact of using the online store site by the buyer, which occurs at the moment of the start of such use, namely: the Buyer goes to its address using a web browser or any other program and / or technical devices that provide the ability to display the web pages of the site. If the buyer for any reason does not agree with the terms of this Agreement in whole or in part, the Seller asks him to leave the site. If necessary, at the request of the Buyer, the Agreement can be executed in writing.

3. Order registration procedure

The buyer independently issues an order in the online store through the "basket" form, or by placing an order by e-mail or by phone number specified in the contact section of the online store.

In the case of production of the Goods according to the individual order of the Buyer, the Goods are manufactured according to the Buyer's specifications, in accordance with the drawings provided by him, all parameters that are not specified in the specifications and drawings are manufactured according to the manufacturer's sustainable practice and standards.

4. The price of the product

Prices for Goods and services are determined by the Seller independently and indicated on the website of the online store.

The seller can change the prices of goods and services unilaterally, depending on the market conditions. At the same time, the price of a separate unit of the Product, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.

Prices for goods for individual orders are determined separately.

The cost of other related services is agreed by the parties separately.

5. The Seller dispatches goods within 2 to 5 business days from the date of order confirmation. Goods are shipped from Ukraine via Ukrposhta international postal service. Upon arrival in the destination country, parcels are transferred to the national postal operator of that country (e.g., USPS in the USA, Canada Post in Canada, and equivalent state postal services in other countries) for final delivery to the recipient.

6. Rights and obligations of the parties

The seller is obliged to:

Deliver the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.

Not to disclose any confidential information, including but not limited to personal data, about the Buyer, which became known to him in connection with the execution of this contract, and not to provide access to this information to third parties, except for the cases provided for by the current legislation, or at the request of the Buyer himself.

The seller has the right to:

To unilaterally change the terms of this Agreement, as well as the prices of Goods and services, by posting them on the website of the online store. Changes take effect from the moment of their publication.

The buyer undertakes:

Before concluding the Agreement, familiarize yourself 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.

In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.

The buyer has the right to:

Receive the Goods of the appropriate quantity and quality in the order and under the conditions specified by this contract and order.

7. Terms of product return

The Buyer has the right to exchange a non-food product of appropriate quality for a similar product or to return a non-food product of appropriate quality to the Seller if the product does not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose. The buyer has the right to exchange/return goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The exchange/return of goods of proper quality is carried out if it has not been used and if its appearance, consumer properties, seals, labels, as well as the settlement document issued to the Buyer together with the sold goods have been preserved. Goods manufactured/cut to the Buyer's individual order are not subject to return.

If, at the time of the exchange, a similar product is not available, the Buyer has the right to purchase any other products from the available assortment with a corresponding recalculation of the cost.

The return to the Buyer of the cost of goods of the appropriate quality is carried out within 14 (fourteen) calendar days from the moment of receipt of such Goods by the Seller. The cost of the product is subject to return by postal or bank transfer. The return of the Goods of proper quality to the Seller's address is carried out at the expense of the Buyer and is not subject to reimbursement.

In the event that defects in the Goods are discovered within 14 calendar days from the moment of receipt of the goods, the Buyer has the right to submit claims to the Seller for reimbursement of the value of the goods. such claims must be supported by actual data.

The Seller is not responsible for the defects of the Product that arose after its transfer to the Buyer as a result of the Buyer's violation of the intended use of the Product, the buyer's violation of the conditions (requirements, norms, rules) established by the manufacturer of the product in the operating documentation, other rules for the use or storage of the Product, actions of third parties or force majeure.

8. Liability of the parties

The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the procedure provided for by this Agreement and the current legislation of Ukraine.

The seller is not responsible for a slight discrepancy in the color of the Product, which may differ from the color on the website solely due to different color rendering of personal computer monitors of certain models/other devices, which are used to access the Internet.

The parties are released from fulfilling the terms of this Agreement in the event of force majeure. Circumstances of force majeure for the purposes of this Agreement mean events of an extraordinary, unavoidable, unpredictable nature that exclude or objectively prevent the performance of this Agreement, the occurrence of which the parties could not foresee and prevent by reasonable measures. In the event of exceptional weather conditions or natural phenomena (earthquakes, floods, hurricanes, tornadoes, storm surges, snowdrifts, ice, hail, destruction due to lightning, frost, freezing of the sea, straits, port passes, fire, drought, subsidence or landslide soil, etc.), disasters of man-made and anthropogenic origin (accidents, explosions, fires, chemical or radiation contamination of territories, etc.), circumstances of social, political and international origin (threat of war, armed conflict or serious threat of such a conflict, enemy attacks, military actions, declared and undeclared war, acts of a public enemy, sedition, acts of terrorism, sabotage, piracy, riots, invasions, revolutions, insurrections, curfews, expropriations, expropriations, seizure of enterprises, requisitions, public demonstrations or disturbances, wrongful acts of third parties, continuing interruptions in transport, epidemics, strikes, boycotts, blockades, embargoes, closure of sea straits, bans (restrictions) on export/import, others, including international sanctions, decisions, acts or actions of state authorities or local self-government bodies, etc.), which are extraordinary, unforeseeable, unavoidable and insurmountable circumstances, the consequence of which is the impossibility within a certain time of partially or fully fulfilling the obligations under this contract, the Parties are released from liability for non-fulfillment of those obligations, the fulfillment of which became impossible as a result of force majeure circumstances (with the exception of obligations, the deadline for the fulfillment of which has reached the date of occurrence of such circumstances), in accordance with the time of force majeure circumstances, at the same time, the term of performance of all obligations under this Agreement increases in proportion to the time during which such circumstances will apply. After the termination of the force majeure circumstances, all transferred obligations shall be fulfilled in the manner provided for in this Agreement, taking into account the proportionality of the extension of the period of their performance for the period of force majeure.

The conditions specified on the Site are preliminary conditions for the purchase of the Goods. The terms of purchase of the Goods may be changed by the Sellers, after acceptance of the order for execution. The specific terms of sale of the Goods by the Sellers may be determined and changed by the Sellers before the Goods are handed over to the Buyer.

The Seller's responsibility for changes in the terms of purchase of the Goods compared to those indicated on the Site is limited to the fact that the Buyer has the right to refuse the purchase of the Goods and demand from the Seller the return of the funds paid for it (if they were actually paid by the Buyer before the handing over of the Goods).

The seller does not bear any responsibility for any errors, typographical errors, inaccuracies that may be found in the materials contained on the website of the online store.

The seller is not responsible for damage, losses or costs (real or possible, lost profits) arising in connection with the website of the online store, its use or impossibility of use, is not responsible and liable for any suspension or stoppage of website functions and services.

9. Confidentiality and protection of personal data

The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to transfer information received from the Buyer to counterparties and third parties in order to ensure the implementation of sales relations, relations in the field of consumer rights protection, in the field of advertising and marketing research, etc. The Buyer also gives his consent to the transfer (distribution) of his data to transport forwarding and courier organizations, any Banks and/or financial institutions and other third parties (without limitation) at the discretion of the Seller, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

The buyer is responsible for keeping his personal data up-to-date. The Seller is not responsible for poor performance or non-fulfilment of its obligations due to the irrelevance of information about the Buyer or its inconsistency.

10. Other conditions

This contract is concluded in accordance with the current legislation of Ukraine.

All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.

The seller has the right to make changes to this Agreement unilaterally. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.

All notices, claims and any other correspondence sent by the parties to this contract to each other are considered to be properly sent in electronic form by e-mail, as well as in the form of messages within the site, provided for by its functional features (forms, feedback communications, publications, etc.). Correspondence is also considered properly sent, if it is sent by the parties to the contract in writing with the necessary details, in the manner provided by the current legislation of Ukraine.

11. Term of validity of the contract and procedure for its termination

This Agreement is valid until the parties fully fulfill their obligations, except for cases of its early termination.

Before the expiration of this Agreement, it may be terminated by mutual consent of the parties and in other cases provided for by this Agreement and the current legislation of Ukraine.