This Public Agreement (Soglasneho and/or Offer), in which one party is the Art of Arabian Perfume company, then the Seller, on the one hand, and any other person, then the Buyer, acting for the purpose of purchasing the Goods and/or Services, accepts (accepts) the conditions of this contract (hereinafter referred to as the Contract) on the other hand, concluded this contract as follows:
1. GENERAL PROVISIONS
1.1. Sellers sell goods on the website: artofperfume.com.ua
In accordance with Article 633 of the Civil Code of Ukraine (GK of Ukraine), this Agreement is a public contract (Agreement and/or Offer) addressed to an unlimited number of legal entities and individuals, and in case of acceptance of the conditions set forth below, any physical or legal entity (more Buyer undertakes to fulfill the terms of this Agreement.
1.2 This Agreement is a public offer agreement (according to Articles 633, 641 and Chapter 54 of the Civil Code of Ukraine), its conditions are the same for all buyers regardless of status (natural person, legal person, natural person - entrepreneur).
1.3 In this Agreement, the following terms have the following meanings:
An offer is a public offer of the Seller, addressed to any individual and/or legal entity, to conclude a Public Contract with him for the purchase of goods and/or services, the list and photo of which are posted on Website: artofperfume.com.ua;
Acceptance - full acceptance by the Buyer of the terms of the Agreement on the purchase of goods and services by adding them to the virtual basket;
Product - any material object;
Service - any operation, which is not the delivery of goods, connected with the sale/purchase of goods, consumed in the process of performing a certain action or carrying out a certain activity, to satisfy the personal needs of the Buyer;
The seller is any legal entity, a natural person is an entrepreneur, according to the current Ukrainian legislation, who owns or distributes the Product and intends to sell it with the help of the Website.
Buyer - any legally competent physical or legal person who has accepted the terms of this Agreement and intends to purchase goods;
Personal account – the Buyer's electronic account in the functional system of the Site, with the help of which he can manage the purchase of goods on the Site;
Registration is the acceptance by the Buyer of an offer to conclude this Agreement and the procedure during which the User, by filling out the appropriate forms on the Site, provides the necessary information to use the Site's services. Registration is considered complete only if all its stages are successfully completed in accordance with the instructions published on the Site.
Personal data is information or a set of information about an individual who is identified or can be specifically identified with their help.
The product is a perfumery and cosmetic product and products used in the cosmetic industry.
1.4 By starting to use the Website by going through the registration procedure and/or clicking on the "Make an order" button on the order page, the Buyer is considered to have accepted the terms of the Agreement in full, without any reservations and excluded. If the Buyer disagrees with any of the provisions of this Agreement, the Buyer has no right to use the artofperfume.com.ua resource.
2. SUBJECT OF THE AGREEMENT
2.1 The Seller undertakes to sell the product(s) on the terms and in the manner specified by this Agreement based on the Order(s) placed by the Buyer on the relevant page of the website artofperfume.com.ua, and the Buyer undertakes to purchase the Product and pay for it on the terms and in the manner specified by this Agreement.
2.2. The Seller guarantees that the product has not been pledged, is not the subject of a dispute, is not under arrest, and that there are no third party rights to it.
3. REGISTRATION ON THE WEBSITE
3.1. The Buyer has the right to register on the Website in order to receive additional services and mailings by filling out the form indicating a valid email address that only the User has access to, the selected password, as well as other data required for registration. Registration on the Website is not required to place an Order.
3.2. The Seller shall not be held liable for the accuracy and correctness of the information provided by the Buyer during registration.
3.3 The Buyer has the right to terminate his registration on the Website unilaterally, without prior notice to the Seller and explanation of the reasons.
3.4. The Buyer undertakes to maintain the confidentiality of the password given to him and not to disclose it to third parties. If the Buyer has any suspicions regarding the security of his login and password or the possibility of their unauthorized use by third parties, the Buyer undertakes to immediately notify the Seller.
3.5. Communication between the Buyer and the Seller's representatives must be based on the principles of generally accepted morality and communication etiquette. The use of obscene words, swearing, offensive expressions, as well as threats and blackmail, regardless of the form and to whom they were addressed, is strictly prohibited.
4. PROCEDURE FOR MAKING A PURCHASE OF GOODS
4.1. The Buyer shall independently place an order on the relevant page of the artofperfume.com.ua website by adding the Products to the virtual basket by clicking the "Buy" button, or by placing an order by e-mail, or by phone or messenger specified in the contacts section of the website.
4.2 The Seller ensures the availability of the Products presented on the Website. Photos of the Products may differ slightly from the actual appearance of the Product, taking into account the color rendering features of various devices with which the Website is viewed.
4.3. If the Seller does not have the Products ordered by the Buyer in stock, the Seller has the right to exclude the specified Product from the Order, or cancel the Buyer's Order, notifying the Buyer by sending a corresponding e-mail to the address specified by the Buyer during registration, or by other means.
4.4 After the Buyer places an Order on the Website, a representative of the Seller contacts him by sending an e-mail to the address specified by the Buyer during registration, or by phone and clarifies information about the availability of the Product, the expected date and method of delivery.
4.5 According to the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII dated 12.05.1991, perfumery and cosmetic products are included in the list of non-food products of proper quality that cannot be returned or exchanged. Upon receipt of the order, the Buyer is obliged to carefully inspect the Product in the presence of the courier or a representative of the delivery service. If the Buyer does not like the appearance or the Product does not correspond to the order parameters, the Buyer is obliged not to open the factory packaging of the Product and return the Product to the courier or send it back to the Seller by delivery service. The Seller replaces the product subject to the integrity of the factory packaging. Claims regarding appearance are accepted only at the time of delivery.
The Buyer independently places an order on the relevant page of the artofperfume.com.ua website by adding Products to the virtual basket by clicking the "Buy" button, or by placing an order by e-mail, or by phone or messenger specified in the contacts section of the website.
4.2 The Seller ensures the availability of Products presented on the Website. Photos of the Product may differ slightly from the actual appearance of the Product, taking into account the color rendering features of various devices with which the Website is viewed.
4.3. If the Seller does not have the Products ordered by the Buyer in stock, the Seller has the right to exclude the specified Product from the Order, or cancel the Buyer's Order, notifying the Buyer of this by sending a corresponding e-mail to the address specified by the Buyer during registration, or in another way.
4.4 After the Buyer places an Order on the Website, a representative of the Seller contacts the Buyer by sending an email to the address specified by the Buyer during registration or by phone and clarifies information about the availability of the Product, the expected date and method of delivery.
4.5 According to the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII dated 12.05.1991, perfumery and cosmetic products are included in the list of non-food products of proper quality that cannot be returned or exchanged. Upon receipt of the order, the Buyer is obliged to carefully inspect the Product in the presence of the courier or a representative of the delivery service. If the Buyer does not like the appearance or the Product does not correspond to the order parameters, the Buyer is obliged not to open the factory packaging of the Product and return the Product to the courier or send it back to the Seller by the delivery service. The Seller replaces the product subject to the integrity of the factory packaging. Claims regarding appearance are accepted only at the time of delivery.
5. CONTRACT PRICE, PAYMENT AND DELIVERY PROCEDURE
5.1 The price of each individual Product is determined by the Seller and is indicated on the relevant page of the artofperfume.com.ua website. The Contract Price is determined by adding the prices of all selected Products placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 6 of this Agreement.
5.2. The Order Cost may vary depending on the price, quantity or nomenclature of the product.
5.3. The Buyer can pay for the order in the following ways:
5.3.1 by bank transfer of money to the Seller's current account - the Buyer pays the order cost within three days from the date of receipt of the invoice in the amount of 100% of the subscription.
5.3.2 using Internet banking - the Buyer pays for the Product at the time of placing the order on the relevant page of the artofperfume.com.ua website by selecting the "MonoPay" option in the "Payment Methods" section. When selecting this option, you will be automatically redirected to the Monobank page, where the Buyer will be able to pay 100% of the subscription.
5.3.3 cash on delivery upon receipt of the Order at the offices of the Nova Poshta delivery services.
5.4. In the event that the Buyer refuses the Goods, fully or partially paid for, the Seller returns such payment to the Buyer in the same way as the Goods were paid for.
5.5 The Buyer receives the goods through delivery services. The procedure for paying for and receiving the Goods is indicated on the corresponding page of the artofperfume.com.ua website.
5.6. When delivering goods by delivery services (Carrier Companies), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these carrier companies.
5.7. The fact of receipt of the Goods and the absence of claims regarding the quality of the Goods delivered by the Delivery Services (Carrier Companies) is confirmed by the Buyer by signing the consignment note, declaration, sales receipt, delivery service (carrier company) invoice, or in the delivery note, sales receipt upon receipt of the product. For its part, the Seller guarantees the shipment of the goods to the Carrier Company in the quantity specified and paid for by the Buyer, and of proper quality. After receipt of the Goods, claims regarding external defects, quantity, completeness and presentation are not accepted.
5.8. In the event of the Buyer's absence at the delivery address specified by the Buyer in the order or the Buyer's refusal to receive the Goods for unreasonable reasons, when delivered by courier or Delivery Service, the goods are returned to the Seller.
5.9 Claims for the return of the amount paid for the goods shall be satisfied within 14 days from the date of the corresponding claim (Law of Ukraine No. 1023-XII "On the Protection of User Rights", 12.05.1991).
5.10. Refunds are made by returning the cost of the paid Goods to the Buyer's bank card.
6 Liability of the Parties
6.1. The Seller is obliged to fulfill the terms of this Agreement.
6.2. The Seller is obliged to transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the artofperfume.com.ua website, the placed order and the terms of this Agreement;
6.3. The Seller has the right to unilaterally terminate the provision of services under this Agreement in the event of a breach of the terms of this Agreement by the Buyer.
6.4. All objects available on the artofperfume.com.ua Website, including design elements, text, graphic images, illustrations, videos, programs, databases, music, sounds and other objects, as well as any content posted on the services sites, are the subject of the exclusive rights of the Seller and other copyright holders. The Website, as well as any content posted on the Website, may not be used in any other way without the prior permission of the Seller and / or the copyright holder. processing, distribution on any base, etc.
6.5. The Buyer shall pay for and receive the Goods in a timely manner under the terms of this Agreement;
6.6 The Buyer shall familiarize themselves with the information about the Goods posted on the Seller's website;
6.7 The Buyer shall, upon receipt of the Goods, in the presence of a representative of the Delivery Service, ensure the integrity and completeness of the Goods by inspecting the factory packaging. its delivery to the Buyer.
6.8 The Buyer shall not take any actions that may lead to a disproportionately large load on the infrastructure of the Website artofperfume.com.ua;
6.9. The Buyer shall not use automatic applications to gain access to the Website artofperfume.com.ua;
6.10 The Buyer shall not copy, reproduce, or modify any information contained on the Website;
6.11 The Buyer shall not interfere or attempt to interfere with the operation and other activities of the Website artofperfume.com.ua; .com.ua;
6.12 The Buyer has the right to refuse to receive informational messages via e-mail or messengers at any time using the "Unsubscribe" function or by directly notifying the Seller.
6.13 The Parties shall be liable for failure to fulfill or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
6.14 In the event of disputes related to the performance of this Agreement by the Parties, with the exception of disputes regarding the collection of debt from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. receipt. In disputes related to the collection of debt from the Buyer, compliance with the claims procedure is not required.
6.15 All disputes, disagreements or claims arising from or in connection with this Agreement, including those related to its execution, violation, termination or invalidity, shall be resolved in the appropriate court of Ukraine.
7 TERMS OF PROCESSING PERSONAL DATA OF BUYERS
7.1 The Buyer, by accepting the Agreement, registering and/or placing an order on the relevant page of the artofperfume.com.ua website, grants the Seller the right to process his/her personal data in accordance with the current legislation of Ukraine.
7.2 In particular, the Buyer gives his/her consent to the processing of his/her personal data, including any action or set of actions, such as collection, registration, accumulation, storage, adaptation, modification, restoration, use and distribution (distribution, sale, transfer), depersonalization, destruction of personal data, including using information (automated) systems in written (paper), electronic and other forms.
The Buyer also gives his/her consent to the transfer of his/her personal data to third parties, including the transfer of personal data abroad.
7.3 The purpose of collecting and processing personal data is:
7.3.1 the Seller's organization of sending (dispatching) special offers, information about new products, services and promotions, other actions to the Buyer within the framework of its activities, as well as the fulfillment by the Seller of its obligations to the Buyer.
7.3.2 protecting Buyers from illegal actions of unscrupulous users, in particular from fraud;
7.3.3 collecting statistical information on the operation of the artofperfume.com.ua Website for its processing and use in the implementation of new services and services, innovations and improvements;
7.3.4 ensuring timely and high-quality support for contacts with Buyers;
7.4 The personal data of Buyers processed by the Seller in accordance with this Agreement shall be stored for the entire duration of the artofperfume.com.ua Website or until the Buyer wants to terminate the relationship with the Seller.
7.5 Personal data, except for anonymized personal data, are classified information according to the access mode.
7.6 The Seller reserves the right to contact the Buyer: send informational messages to the email and physical address specified during registration, and send messages to the Buyer's mobile phone.
7.7 Technical information contained in the system, such as IP addresses, in accordance with the general rules of Internet messages, is used by the Seller for purposes related to servicing network equipment, as well as for aggregating general statistical and demographic information (for example, the region from which the user connected).
7.8 The Seller does not collect data on racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data related to the health or sex life of Buyers, and is not responsible for the disclosure of such information by Buyers on the website.
8. COOKIE POLICY
8.1 A cookie is a software file containing a string of characters and sent to the computer of a user visiting a specific page of a website. When the user revisits the site, such a file allows the user's browser to be identified. Cookies can save user settings and other information.
The technology used on the Website sends data to the user's device: one or more cookies.
8.2 The Seller uses cookies to simplify the Buyer's access to some of the Website's services, as well as to collect statistical information in order to improve the efficiency of the Buyer's interaction with the website, as well as to obtain information related to marketing activities. Such information may be provided in aggregate form and not contain personal data.
8.3 Data may be transferred to the following third parties:
Systems for collecting visitor statistics (Google Analytics, Yandex.);
Social networks whose plugins are placed on the website (e.g. Facebook, Instagram).
8.4 The Seller's employees or third parties with whom it cooperates may have access to these cookies.
8.5 The Seller may provide information to third parties if required by law, to protect legal rights or to take action against potentially illegal activities.
8.6 The Buyer has the opportunity to refuse the collection of the above information by doing the following:
In the browser settings, set "I do not accept cookies".
In the browser settings, set "Delete cookies".
9. Other terms
9.1 The Seller shall not be liable for any unauthorized access to or use of the Seller's servers and/or any information about the buyer stored therein, as well as for any errors, viruses, Trojan horses, etc. that may be transmitted to or through the Sites by third parties.
9.2 The website and the services provided may be temporarily partially or completely unavailable due to maintenance or other work or for any other technical reasons. The Seller's technical service has the right to periodically carry out the necessary maintenance or other work with or without prior notice to the Buyers.
9.3 The provisions of Ukrainian legislation shall apply to the relations between the User/Buyer and the Seller.
9.4. In the event of force majeure circumstances documented by the relevant authorities, the parties shall be released from the performance of this agreement.
9.5. Recognition by the court of invalidity of any provision of this Agreement shall not entail the invalidity of other provisions.
9.6 If the Buyer does not agree with the terms of this Agreement, he/she is obliged to stop using the website artofperfume.com.ua and its services. The fact of not stopping using the site confirms the Buyer's consent with the corresponding version of the Agreement.
9.7 The Agreement may be amended by the Seller without any special notice, the new version of the Agreement comes into force from the moment it is posted on the website artofperfume.com.ua.