This sale and purchase agreement (hereinafter referred to as the Agreement / Public Offer Agreement) is a public agreement concluded remotely and at the same time a Public Offer - the Seller's offer to conclude a public Agreement for the sale of the Goods by means of remote communication, that is, through the Seller's online store located at bougiestudio.com, with any interested person in accordance with the conditions provided for in this Agreement.
1. DEFINITION OF TERMS
1.1 Website - the official online store of the Bougie Studio Seller located at bougiestudio.com, including all its web pages. Within the framework of the Agreement, the concepts of an Internet store and a Store, as well as the Internet address bougiestudio.com and all derivatives of Bougie Studio are equivalent and are interpreted authentically, in the context of the Agreement.
1.2 The seller is an individual entrepreneur Nina Lishchyna, entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations No. 2 000 700 0000 025971 dated 12.02.2021, registration number of the taxpayer's account card 3555209668, place of registration (residence): Ukraine, 01021, Kyiv, st. Shelkovichna 13/2, apt. 30.
1.3 The Buyer is any capable individual who has reached eighteen years of age, a legal entity, an individual entrepreneur who intends to place and / or place an Order on the Site for the purpose of purchasing the Goods, thereby confirming his agreement with all the terms of the Agreement.
1.4 Goods - the object of the agreement of the parties: clothing, accessories and other items presented in the bougiestudio.com online store for the purpose of their sale.
1.5 Order - the Buyer's application for the purchase of the Goods, duly executed and posted on the bougiestudio.com Website, addressed to the Seller.
1.6 Agreement - an agreement according to which the Seller has undertaken the obligation to sell the Goods to everyone who applies to him on the conditions provided for by this Agreement.
1.7 Public offer is a public offer of the Seller directed to an indefinite circle of persons to conclude an electronic contract for the sale of the Goods remotely using the bougiestudio.com online store on the terms determined by this Agreement.
1.8 Acceptance - the Buyer's providing the Seller with full and unconditional consent to the offer to conclude a public contract on the terms provided for by this Agreement, by the Buyer performing the action provided for by this Agreement, aimed at accepting the terms of the Public Offer.
1.9 Order - duly executed and placed using the bougiestudio.com Site or by sending the Buyer's request to the Seller's email to purchase the Goods selected by him.
1.10 Delivery service - a third party that provides services for the transportation of goods, courier or postal delivery of goods.
2. GENERAL PROVISIONS
2.1 The Seller sells the Products through the Online Store at bougiestudio.com.
2.2 By placing an order for the Goods on the bougiestudio.com Website, the Buyer confirms acceptance of the terms of this Agreement.
2.3 This Agreement is a public agreement in accordance with Article 633 of the Civil Code of Ukraine, the terms of which are set the same for all Buyers.
2.4 This Agreement posted on the Site is a Public Offer in accordance with Article 633 of the Civil Code of Ukraine.
2.5 The Agreement becomes effective from the moment the Buyer places an Order on the bougiestudio.com Website in accordance with section 6 of this Agreement.
2.6 By providing the Seller with his phone number and email, the Buyer agrees to the use of the indicated means of communication by the Seller, as well as by third parties involved by the Seller in fulfilling obligations to the Buyer.
2.7 The data can be used to disseminate information about the transfer of the Delivery Order, as well as other information directly related to the fulfillment of obligations to the Buyer under this Agreement.
2.9 By placing an Order, the Buyer agrees that the Seller can entrust the execution of the Agreement to a third party, while remaining responsible for its implementation.
2.10 To regulate contractual legal relations under the Agreement, the parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, the consent of which has been granted by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, then the rules of the international treaty are applied.
2.11 This Agreement comes into force from the moment of Acceptance by the Buyer and is valid until the moment of withdrawal of the Acceptance of the Public Offer Agreement.
2.12 The public offer agreement is valid until the new version of the offer is accepted.
3. SUBJECT OF THE CONTRACT
3.1 The Seller undertakes, on the terms and in the manner determined by the Public Offer Agreement, to sell the Goods based on the Order placed by the Buyer on the corresponding page of the bougiestudio.com Site, and the Buyer undertakes, on the terms and in the manner determined by the Public Offer, to buy the Goods and pay money for them.
3.2 The Seller and the Buyer confirm that the Public Offer Agreement is not a fictitious transaction or a transaction made under the influence of pressure or deception.
3.3 The Seller guarantees that the Product is not pledged, is not a subject of a dispute, is not under arrest, and there are no rights of third parties to it.
3.4 The Seller confirms that he has all the necessary permissions to carry out economic activities that regulate the scope of legal relations arising and operating in the process of executing the Public Offer Agreement, and also guarantees that he has the right to manufacture and / or sell the Goods without any restrictions, in accordance with with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer's rights during the execution of this Agreement and the sale of the Goods.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1 The seller is obliged:
- to comply with the terms of this Agreement;
- fulfill orders of the Buyer in case of receipt of payment from the Buyer;
- transfer the Goods to the Buyer in accordance with the selected sample on the corresponding page of the bougiestudio.com Site, the order made and the terms of the Public Offer Agreement;
- notify the Buyer about the possible additional commission when paying for international orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing about it in the Public Offer Agreement.
4.2 Descriptions and specifications accompanying the Product are not exhaustive and may contain typographical errors. Product information is displayed on the bougiestudio.com Site and is dynamic. This means that the information can be updated, changed and supplemented by the Seller at any time without prior notice. Changes come into force after their publication on the Site and apply to any Order placed after their publication.
4.3 If the Seller does not have the Goods ordered by the Buyer, the Seller has the right to exclude the specified Goods from the Order or to cancel the Order by notifying the Buyer about it via email or by contacting him by phone.
5. RIGHTS AND OBLIGATIONS OF THE BUYER
5.1 The Buyer is obliged:
- to pay the order in a timely manner and receive the order under the terms of the Public Offer Agreement;
- familiarize himself with the information about the Goods posted on the bougiestudio.com Website;
- upon receipt of the Goods in the presence of the person who has delivered them, make sure the integrity and completeness of the Goods by inspecting the contents of the package. If the Goods are damaged or incomplete, state it in an act, which, together with the Buyer, must be signed by the person who has delivered Goods to the Buyer.
5.2 The Buyer has the right:
- to place an order on the corresponding page of the bougiestudio.com Website;
- to require the Seller to fulfill the terms of the Public Offer Agreement;
- to be informed about a possible additional commission when paying for international orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
5.3 The Buyer is solely responsible for the provision of inaccurate data, which made it impossible for the Seller to fulfill its obligations to the Buyer.
5.4 In the event of a complete or partial absence of a prepaid Order, the Buyer is offered a replacement. In the absence of a replacement Product, the cost of the canceled Product is returned by the Seller to the Buyer in a manner negotiated between the Seller and the Buyer separately or in the manner in which the Buyer paid for the Product.
6. PLACING AN ORDER
6.1 The Buyer's acceptance of the offer to conclude this Agreement is carried out by placing an Order for the Goods in the online store bougiestudio.com on the terms specified in this Agreement.
6.2 The Buyer independently places an Order on the corresponding page of the bougiestudio.com Site by adding the Products to the virtual cart by clicking the CHECKOUT button or by placing an order by email, or by phone specified in the contact section of the Site.
6.2 The term for the formation of the Order is up to 21 working days from the date of its registration. In the event that the Order is sent on a weekend or holiday, the formation period starts from the first working day after the weekend.
6.3 After placing the Order on the bougiestudio.com Website, the Buyer is provided with information about the estimated delivery date by sending a message to the email address or phone number or a phone call to the phone number specified by the Buyer during the ordering process.
7. PRICE AND PAYMENT PROCEDURE
7.1 The price of the Goods is indicated in national currency and includes all taxes provided by Ukrainian legislation.
7.2 The price of the Goods is indicated on the bougiestudio.com Website. In case of incorrect indication of the price of the ordered Goods, the Seller informs the Buyer about this to confirm the Order at the adjusted price or to cancel the Order.
7.3 The price of the Goods on the Site can be changed by the Seller unilaterally. In this case, the price for the Goods ordered by the Buyer is not subject to change.
7.4 The Seller has the right to provide discounts on Products and establish a bonus program. The types of discounts, bonuses, coupons, the procedure and conditions for their accrual indicated on the Site may be changed by the Seller unilaterally.
7.5 The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price determined depending on the delivery method in accordance with the terms of section 8 of this Agreement.
7.6 The Buyer can pay for the ordered Goods:
by wire transfer through Fondy;
in cash upon receipt of the Goods in case of ordering courier delivery or at the point of issue of Orders "Nova Poshta";
100 (one hundred)% cashless payments to the "Privat bank" bank card of the Seller;
100 (one hundred)% cash upon receipt of the Goods at the Seller's premises;
7.7 When the Buyer pays for the Order with a payment card, an additional commission may be charged by the issuer of this card. When clicking on the website page bougiestudio.com in the corresponding section of the button / button name / means that the Seller informed the Buyer about the possibility of charging an additional commission when the Buyer pays for international orders, the issuer of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.
8. DELIVERY OF THE ORDER
8.1 Delivery of the Order by Delivery Services:
8.1.1 Methods, as well as the estimated cost of delivery of the Goods are indicated in the Shipping and payment
8.1.2 Delivery of orders across the territory of Ukraine is carried out by the Delivery Service "Nova Poshta". Delivery cost is set according to the rates of the Delivery Service.
8.1.3 Shipment of orders is made within 14 working days from the date of order confirmation if the Goods are in stock, unless other terms are specified when confirming the order.
8.1.4 At the time of delivery, the Order is handed over to the Buyer or a third party specified in the Order as the Buyer or recipient. If it is impossible to receive the Order by the Buyer, the Order may be handed over to a person who can provide accurate statements about the Order. During the delivery of the Order, the delivery service, represented by its representatives, has the right to demand the presentation of a document that certifies the person of the recipient.
8.1.5 Regardless of the chosen method of delivery of the Goods, the Seller's obligations to deliver the Goods are considered fulfilled in full from the moment the Goods are transferred to the Delivery Service.
8.1.6 Delivery of the Goods to the territory of another country is carried out by the Delivery Service "Ukrposhta", "EMS" and "DHL". The Buyer pays customs duties in the amount and in the manner prescribed by the legislation of the country to which the delivery is carried out, as well as the conditions and tariffs of the Delivery Service.
8.1.7 Delivery costs of the Goods are paid by the Buyer.
9. PROCEDURE FOR ACCEPTANCE OF GOODS
9.1 Acceptance of the Goods is carried out by the Buyer at the time of delivery or receipt of the Goods by the Buyer at the Seller's address. In the event that payment for the Goods is made in cash, the transfer of the Goods to the Buyer is carried out after full payment of its cost.
9.2 Upon acceptance of the Goods, the Buyer is obliged to check the external integrity of the package, then open it and directly verify the proper external condition of the Goods, the absence of mechanical damage and the completeness of its contents.
9.3 In the absence of comments on the quality and completeness of the Goods, the Buyer must accept the Goods.
9.4 The Seller, together with the Goods, is obliged to issue to the Buyer a settlement document certifying the fact of purchase, with a note on the date of sale and instructions for caring for the Goods.
9.5 If the Buyer discovers defects in the Goods when accepting the Goods, the Buyer has the right to refuse to accept the Goods and terminate this Agreement or refuse to accept the Goods and demand the replacement of the Goods for the same Goods or for a similar one from among the Seller's.
10. EXCHANGE AND RETURN OF GOODS
10.1 The return of the Goods is carried out in accordance with the return conditions specified on the Site on the Exchanges and returns page
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10.2 The Buyer has the right to refuse the received Goods and terminate the Purchase and Sale Agreement in accordance with the Law of Ukraine "On Protection of Consumer Rights" within 14 calendar days.
10.3 The Buyer does not have the right to return or exchange underwear and hosiery under any circumstances unless the item is faulty in accordance with the Law of Ukraine dated March 19, 1994 N 172 "On the implementation of certain provisions of the Law of Ukraine" On Protection of Consumer Rights "as not subject to exchange and / or return.
10.4 The Buyer or Seller has the right to terminate this Agreement at any time before the Buyer accepts the Goods.
10.5 The returned Goods must be accompanied by a hand-filled application for the return of these Goods with the reason for the return. Sending the Goods is carried out at the expense of the Buyer.
10.6 In case of complete or partial absence of a prepaid Order, the Buyer is offered a replacement. In the absence of a replacement Product, the cost of the canceled Product is returned by the Seller to the Buyer in a manner negotiated between the Seller and the Buyer separately or in the manner in which the Buyer paid for the Product.
10.7 The return form can be requested from the customer care team via email or WhatsApp number specified in the Contacts section.
10.8 If at the time of exchange of a similar Product is not available, the Buyer has the right to either purchase any other Products from the available assortment with a corresponding recalculation of the cost, or terminate the Agreement and get the money back in the amount of the cost of the returned Product, or exchange the Product for a similar one at the first receipt the corresponding Product for sale.
10.9 Return of good quality Goods:
10.9.1 The return of the Goods of proper quality is possible within 14 calendar days from the date of receipt, provided that the Goods have not been in use, and have also been preserved: their presentation, consumer properties, attached labels, tags, as well as in the presence of factory packaging. It is not allowed to put inscriptions, addresses and other things on the packaging.
10.9.2 In case of termination of the Agreement and return of the Goods, which have already been paid by the Buyer through the wire transfer, then the funds paid by him are returned by the Seller within 7 (seven) days from the date of return of the Goods.
10.9.3 The return of the value of the Goods is carried out to the person indicated in the Goods return form. Refunds are made by transferring funds to the bank card specified in the return form, based on the cost of the Goods at the time of purchase. Only the cost of the Goods is returned to the Buyer. Return shipping costs are the responsibility of the Buyer. If the Buyer has sent a parcel with the return of the Order at the expense of the recipient, then the shipping cost is deducted from the refund amount.
10.10 Return of goods of inadequate quality:
10.10.1 A Product of inadequate quality means a Product that cannot ensure the performance of its functional qualities. The difference in design elements, colors or decoration from those stated in the description on the Site is not a sign of inadequate quality of the Goods and / or the impossibility of using it for its intended purpose.
10.10.2 After receiving the Order, claims for external defects of the Goods, their quantity, completeness and presentation are not accepted.
10.10.3 If the Buyer has received the Goods of inadequate quality, the Buyer has the right, in accordance with the Law of Ukraine "On Protection of Consumer Rights", to demand the return of the money paid.
10.10.4 The Seller is not responsible for the defects of the Goods that arose after its transfer to the Buyer due to the Buyer's violation of the rules for using or storing the Goods, actions of third parties or force majeure circumstances.
10.10.5 If the reason for the return was the Seller's mistake, the Buyer is refunded the full cost of the order. Also, the Seller of the Online Store pays for the return shipment of the Goods. An error of an employee of the Seller / Online Store means: sending another model; shipment of a different size; mismatch of the color of the photo model (for example: instead of black, the dress turned out to be red). This does not take into account the discrepancy between the shade of the same color (bright red - coral), due to the fact that on different monitors the same image may look different.
11. RESPONSIBILITY OF THE PARTIES
11.1 The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
11.2 In the event of force majeure circumstances, the parties are exempted from fulfilling the terms of this Agreement. Force majeure refers to events of an extraordinary, inevitable unpredictable nature, excluding or objectively preventing the execution of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
11.3 The Party referring to the force majeure circumstances must notify the other Party in advance of the occurrence of such circumstances.
12. SPECIAL CONDITIONS
12.1 The Seller has the right to transfer his rights and obligations to the Buyers to third parties.
12.2 The Online Store and related services may be temporarily / partially or completely unavailable due to preventive maintenance or other technical reasons. The technical service of the Seller has the right to periodically carry out the necessary preventive or other work with a previous message to the Buyers or without a message.
12.3 The provisions of Ukrainian legislation apply to the relationship between the User / Buyer and the Seller.
12.4 In case of any questions and claims from the User / Buyer, he must contact the Seller using the contacts posted on the Site. The parties are obliged to try to resolve all arising disputes through negotiations. If the parties do not come to an agreement, the dispute can be referred to a judicial authority in accordance with the current legislation of Ukraine.
13. CONFIDENTIALITY AND PROTECTION OF INFORMATION
13.2 Personal data is collected solely in order to comply with the requirements that govern legal relations in the field of accounting and tax accounting, advertising. The storage and processing period of personal data is three years.
13.3 By providing his personal data during registration on the Site, the User agrees to their processing by the Seller, including for the purpose of promoting goods and services by the Seller.
13.4 The Seller has the right to send information, including advertising, messages to the email address and mobile phone of the User / Buyer with his consent. The User / Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal. Service messages that inform the User / Buyer about the Order and the stages of its processing are sent automatically and cannot be rejected by the User / Buyer.
13.5 The Seller has the right to use the "Cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties.
13.6 The Seller is not responsible for the statements provided by the User / Buyer on the Site in a public form.
13.7 The Seller has the right to record telephone conversations with the Buyer. At the same time, the Seller undertakes: to prevent attempts of unauthorized access to information received during telephone conversations and / or its transfer to third parties that are not directly related to the execution of Orders, in accordance with the Law of Ukraine "On Information".