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Public offer of the "KOLOSOVA" online store
1. Terms and definitions
1.1. In this offer, unless the context otherwise requires, the following terms have the following meanings and are an integral part of this offer:
The seller is FOP Kolosova A.O. The buyer is any legal person who has accepted a public offer under the terms of this offer, who places an order and buys goods from A.O. Kolosova FOP, which are presented on the website www.kolosova.com.ua, for your personal, household and other needs not related to business activities. The online store is the official online store of the seller FOP Kolosova A.O., located at the Internet address www.kolosova.com.ua. equivalent and interpreted authentically, according to the context of the offer. A product is an object (an item of clothing, accessory or other material value) presented for sale on the website. An order is an appropriately executed and placed customer order (filled in the appropriate fields on the website in the "Basket" section, "Order processing"), addressed to the Seller, for the sale and delivery of the product selected on the website to the address indicated by the Customer.
2. General provisions
2.1. The real public offer (hereinafter referred to as the "Agreement") is the official offer of A.O. Kolosov FOP. to the address of any person who has legal capacity and the necessary authority to enter into a contract with the FOP Kolosova A.O. the contract for the purchase and sale of goods on the terms specified in this offer and contains all the essential terms of the contract.
2.2. Relations in the field of consumer rights protection are regulated by the Law of Ukraine "On the Protection of Consumer Rights", the Decree of the Central Government "On Electronic Commerce" and other laws and legal acts of Ukraine adopted in accordance with it.
2.3. The Seller has the right to amend these Terms and Conditions without prior notice. Changes to the Terms come into force after their publication on the Site and apply to any Order placed after publication.
2.4. Placing an order on the Site, placing an Order by phone, as well as placing a subscription and registration means the Client's familiarization with these Terms, their understanding, mandatory consent and acceptance.
2.5. All text information and graphic images of goods posted on the Site are the property of the Seller or its counterparties. Viewing information or printing pages of the Site is allowed only for personal use.
3. The subject of the contract and the price of the goods
3.1. The Seller transfers, and the Buyer accepts and pays for the goods on the terms specified in this contract. Ownership of the Ordered Goods shall be transferred to the Buyer from the moment of actual delivery of the Goods to the Buyer and payment by the latter of the full price of the Goods. The risk of his accidental death or damage to the Goods shall be transferred to the Buyer from the moment of the actual delivery of the Goods to the Buyer.
3.2. Prices for the Goods are determined by the Seller in a unilateral, undisputed manner and are indicated on the pages of the online store located at the Internet address: kolosova.com.ua.
3.3. The price of the product is indicated in Ukrainian hryvnias or in euros, depending on the chosen currency on the website.
3.4. The offer to conclude a contract for a specific product is valid for the duration of the product's stay on the Seller's website, provided that the product is available in the Seller's warehouse.
4. The moment of conclusion of the contract
4.1. The text of this Agreement is a public offer in accordance with Art. 633 and Art. 641 of the Civil Code of Ukraine and is the equivalent of an "oral agreement" and has due legal force.
4.2. The contract concluded on the basis of the Buyer's acceptance of this offer is an accession contract, to which the Buyer joins without any exceptions and/or reservations.
4.3. The fact of placing an order by the Buyer is an indisputable fact that the Buyer accepts the terms of this Agreement. The buyer who purchased the goods in the Seller's online store (who placed an order for the goods) is considered as a person who has entered into a relationship with the Seller on the terms of this Agreement.
5. Rights and obligations of the parties
5.1. The seller undertakes:
5.1.1. From the moment of conclusion of this Agreement, to fully ensure all obligations to the Buyer in accordance with the terms of this agreement and current legislation. The Seller reserves the right to default on obligations under the Agreement in case of force majeure the forces specified in Clause 9 of this Agreement.
5.1.2. Process the Buyer's personal data and ensure their confidentiality in accordance with the procedure established by current legislation.
5.2. The seller has the right:
5.2.1. To unilaterally change this Agreement, Prices for Goods and Tariffs for related services, methods and terms of payment and delivery of goods, placing them on the pages of the online store located at the Internet address: kolosova.com.ua. All changes take effect immediately after publication, and are considered to have been brought to the attention of the Buyer from the moment of such publication.
5.2.2. Without agreement with the Buyer, transfer your rights and obligations for the performance of the Agreement to third parties.
5.3. The buyer undertakes:
5.3.1. Before concluding the Agreement, familiarize yourself with the content and conditions of the Agreement, the prices for the Goods offered by the Seller in the online store.
5.3.2. For processing Kli Orders the customer must enter his data and place the order himself or with the help of a customer service specialist in ways available to customers.
5.3.3. In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that clearly identify him as the buyer and are sufficient for delivery to the Buyer of the Goods ordered by him.
5.3.4. Pay for the ordered Product and its delivery under the terms of this contract.
5.3.5. To avoid disputes, when placing an order, read the information offered by the Seller on its website, including, but not limited to, sections: Payment and Shipping, Exchanges and Returns, Privacy Policy.
5.3.6. Not to use the goods ordered on the website for business purposes.
6. Order acceptance
6.1. After placing the Order, the Client receives information about the composition of his order with the price of goods, address and delivery cost to the e-mail address he specified.
6.2. The Order is considered accepted for execution after the Client receives an electronic message to the e-mail address specified in the registration form, confirming the fact of acceptance of the Order and or after a message about the creation of the order is displayed on the site page with an indication of its number.
6.3. The Seller reserves the right to cancel the Customer's application at the stage of application confirmation.
6.4. The Seller reserves the right to coordinate the order details with the Customer by phone. If it is impossible to contact the Client within 48 hours, the order made by the client is cancelled, and if the Client made a prepayment, the funds are returned by the Seller to the bank details from which the payment was made.
6.5. After placing the order, the Buyer is provided with information about the date of delivery of the order to the Client. The specified date depends on the availability of the ordered goods in the Seller's warehouse and the time required for the processing and delivery of the order.
7. Delivery of goods
7.1. The client undertakes to accept the Order within the agreed delivery time. The delivered Goods are handed over to the Client, and in his absence - to any person who presented the confirmation of the Order or another document confirming the delivery of the goods.
7.2. Self-delivery can be carried out by the Buyer from all the Seller's stores.
7.3. The seller tries to adhere to the agreed delivery terms as much as possible. The seller is not responsible for possible delays in delivery due to unforeseen circumstances, that happened not due to the fault of the Seller, which could not be predicted.
7.4. For Customers from countries far abroad, the Seller ships the order without taking into account taxes and customs duties of the Buyer's country of residence. The price for delivery does not include taxes and duties.
8. Terms of return and exchange of goods
8.1. The buyer has the right to return the product of proper quality if it is not suitable in terms of shape, dimensions, style, color, size or configuration. The buyer has the right to exchange a product of inadequate quality for a similar product without defects, if such is available, or to choose another product from the assortment for the same amount.
8.2. The buyer has the right to exchange or return the product of proper quality, if it has not been used, its product type (branded packaging, seals, labels), consumer properties, preserved completeness of the product, as well as a document confirming the fact and conditions have been preserved purchase of the specified product (goods or cashier's check).
8.3. In order to process the return of the Product of proper quality (including for the reason of its exchange), the Client undertakes to carefully pack the Product with all components and a complete set of accessories, and to attach a copy of the payment receipt.
8.4. The procedure for returning goods of inadequate quality is carried out in the manner specified in clause 8.5.
8.5. Ways to return ordered goods:
• Return the goods through the delivery service;
• Return the product yourself or through any courier company.
8.6. The costs of delivery of the exchange and return of the goods of appropriate quality are paid by the Buyer.
8.7. Claims for the return of the money paid for the goods are subject to reimbursement within 5 days from the date of presentation of the corresponding claim. In case of return of goods of inadequate quality, the price of the goods together with the cost of delivery will be returned to the Buyer.
8.8. Refunds are always made in the same way as the payment for the goods was made.
8.9. The following are not subject to exchange or return:
- products that were in use
- products that have been dry-cleaned or after washing
- products from which tags and labels have been cut
– products that were used for photo/video shooting
- products without a sales receipt
- products that were manufactured taking into account individual characteristics
- products, the delivery of which was made outside the territory of Ukraine (international delivery)
– underwear and swimwear
- hats, hair accessories
– jewelry of appropriate quality
– gift cards
8.10. The Seller has the right to refuse the Buyer the return of products that, in his subjective opinion and independent examination, do not correspond to the standards specified in clause 8.9.
9. Payment methods
9.1. The Buyer can make payment in the following ways:
• Online payment on the website;
9.2. More detailed information on the methods of payment for the goods can be found in the "Payment" and "Delivery" sections of the website.
10. Force majeure
10.1. Any of the Parties is released from responsibility for full or partial non-fulfillment of its obligations under this Agreement, if this non-fulfillment was caused by circumstances of force majeure forces arising after the signing of this Agreement. "Force Majeure Circumstances" means extraordinary events or circumstances which such Party could not have foreseen or prevented by means available to it. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, military actions, actions of Ukrainian or foreign state bodies, as well as any other circumstances beyond the reasonable control of one of the Parties. Changes in current legislation or regulations, directly or indirectly affect any of the Parties, are not considered as Force Majeure, however, in the event of making such changes that do not allow any Party to fulfill any of its obligations under this Agreement, the parties are obliged to immediately accept a decision on the order of work to eliminate this problem in order to ensure the continuation of the implementation of this Agreement by the Parties.
11. Privacy
11.1. When returning the Goods for transfer of funds by the Seller, the Client provides passport data and bank card data. The Seller has the right to use this information for performance their obligations to the Client. The Seller recognizes the importance of confidentiality of personal information provided by the Client. By providing his personal data to the Seller, the Customer agrees to their processing by the Seller, including for the fulfillment of his obligations to the Customer within the framework of this offer, the promotion of goods and services by the Seller by sending advertising and informational mailings, conducting electronic and SMS surveys, conducting contests and other promotions among customers, analysis of the results of marketing campaigns, customer support, statistical research, organization of product delivery, control of customer satisfaction with the quality of services provided by the Seller. Persons visiting the site, as well as Clients, agree that in order to fulfill obligations to the Client, as well as for the purpose of conducting marketing research, the formation of analytical reports and other marketing activities, the Seller may entrust the processing of personal data (including, but not limited to, date of birth, e-mail address, data about accounts in social networks, information about purchase history, information about interests) to third parties based on the contract concluded with such persons, subject to compliance with the requirements of the legislation of Ukraine on ensuring the confidentiality of personal data and the security of personal data during their processing. The processing of personal data means any action carried out with the use of automation tools or without the use of such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (including transfer to third parties, including cross-border transfer, if the need for it arose during the performance of obligations), depersonalization, blocking, deletion, destruction personal data. The Seller must process personal data, including by sending the Client advertising correspondence to the specified postal address, making phone calls, sending sms messages, messages via Internet messengers, as well as sending advertising emails to the email address specified by the client.
The client can refuse to receive newsletters, from receiving advertising and other information without explaining the reasons in one of the following ways:
• The client can select the mailing options or refuse it by clicking the "unsubscribe" button in the e-mail;
• The client can contact the Seller's Customer Service by phone number specified on the website at katimoclothes.com in the "Contacts" section.
11.2. The Seller undertakes not to disclose the information received from the Client. It is not considered a violation for the Seller to provide information to agents and third parties acting on the basis of a contract with the Seller to fulfill obligations to the client.
11.3. The Buyer expresses his consent and allows the Operator and the Operator's counterparties to process the Buyer's personal data using automated database management systems, as well as other software specially developed on behalf of the Operator.
11.4. The buyer has the right to request from the Operator full information about his personal data, their processing and use, as well as to request the exclusion or correction / addition of incorrect or incomplete personal data.
12. Liability of the parties
12.1. For failure to fulfill or improper fulfillment of the terms of this Agreement, the Parties are responsible in accordance with legislation of Ukraine.
12.2. All text information and graphic images posted in the online store katimoclothes.cim have a legal right holder, illegal use of the specified information and images is prosecuted in accordance with the current legislation of Ukraine.
13. Other conditions
13.1. The parties will try to resolve all disputes related to non-fulfillment or improper fulfillment of their obligations under this contract during negotiations.
13.2. In the event of failure to reach an agreement during the negotiations, the disputes will be resolved in court in accordance with the current legislation of Ukraine.