Terms of Conditions

PUBLIC CONTRACT (OFFER)
for the order, purchase-sale, and delivery of goods

This contract is an official and public offer from the Seller to conclude a purchase and sale agreement for the Goods presented on the www.natalia-liashko.com website. This contract is public, meaning that according to Article 633 of the Civil Code of Ukraine, 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. By entering into this Agreement, the buyer fully accepts the terms and procedures for placing an order, payment for the goods, delivery of the goods, return of the goods, responsibility for dishonest ordering, and all other conditions of the contract. The contract is considered concluded from the moment the buyer clicks the “Confirm Order” button on the order processing page in the “Cart” section and 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 proposal from the Seller addressed to an indefinite circle of persons to conclude a distance purchase and sale agreement (hereinafter referred to as the “Agreement”) with the Seller on the conditions contained in this Offer. 

1.2. Goods or Service – the subject matter of the agreement between the parties, selected by the buyer on the Internet store website and placed in the shopping cart, or already purchased by the Buyer from the Seller by remote means. 

1.2. Internet Store – the Seller’s website at www.natalia-liashko.com created for concluding retail and wholesale purchase and sale agreements based on the Buyer’s acquaintance with the Seller’s description of the Goods via the Internet.  

1.3. Buyer – a capable individual who has reached the age of 18, receives information from the Seller, places an order to purchase the goods presented on the Internet store website for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur. 

1.4. Seller – “FOP Lyashko N.O.” (identification code 3081118044), a legal entity created and operating in accordance with the current legislation of Ukraine, with its registered office at: Ukraine, Kyiv, Revutskoho Street, building 9.

2. Subject of the Agreement

2.1. The Seller undertakes to transfer ownership of 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 the conclusion of the Offer Agreement (acceptance of the offer) and the moment of the full and unequivocal acceptance of the Agreement by the Buyer are considered the date of filling out the order form by the Buyer, located on the website of the Internet store, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the Buyer’s request, the Agreement can be formalized in writing.  

3. Order Processing

3.1. The Buyer independently places an order in the Internet store through the “Cart” form or by making an order by email or phone number provided in the contacts section of the Internet store.  

3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicion about its authenticity. 3.3. When placing an order on the Internet store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:  

3.3.1. Buyer’s surname, first name;  

3.3.2. address to which the Goods should be delivered (if delivery to the Buyer’s address);  

3.3.3. contact phone number.  

3.3.4. Identification code for a legal entity or individual entrepreneur.

3.4. The name, quantity, article, and price of the selected goods by the Buyer are indicated in the Buyer’s cart on the website of the online store.

3.5. If any of the parties to the contract requires additional information, it has the right to request it from the other party. In case the Buyer does not provide the necessary information, the Seller is not responsible for providing a quality service to the Buyer when purchasing goods in the online store.

3.6. When placing an order through the Seller’s operator (clause 3.1. of this Offer) the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4. of this Offer.

3.6. Acceptance of the conditions of this Offer by the Buyer is carried out by providing the relevant data by the Buyer in the registration form on the website of the online store or when placing an order through the operator. After placing an order through the Operator, the Buyer’s data is entered into the Seller’s database.

3.7. The Buyer is responsible for the accuracy of the information provided when placing an order.

3.8. By entering into the Agreement, i.e., by accepting the terms of this proposal (terms offered for the purchase of the Goods), by placing an Order, the Buyer confirms the following:

a) The Buyer is fully familiarized with and agrees to the terms of this proposal (offer);

b) he gives consent to the collection, processing, and transfer of personal data, the consent to the processing of personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into the agreement, the Buyer confirms that he has been informed (without additional notification) about the rights established by the Law of Ukraine “On Personal Data Protection”, about the purposes of data collection, as well as that his personal data is transferred to the Seller for the purpose of fulfilling the conditions of this Agreement, the possibility of conducting mutual settlements, as well as for obtaining invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications to the Buyer for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a personal data subject under the Law of Ukraine “On Personal Data Protection” is known and understood by him.

4. Price and Delivery of the Goods

4.1 Prices for Goods and services are determined by the Seller independently and indicated on the website of the online store. All prices for Goods and services are indicated on the website in hryvnias including VAT.

4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. In this case, the price of a separate unit of Goods, the cost of which is paid by the Buyer in full, cannot be changed by the Seller unilaterally.

4.3. The cost of the Goods, indicated on the website of the online store, does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current tariffs of delivery services (carriers) directly chosen by him.

4.4. The cost of the Goods, indicated on the website of the online store, does not include the cost of delivering the Goods to the Buyer’s address.

4.5. The Seller may indicate the approximate cost of delivering the Goods to the Buyer’s address when the Buyer applies with a corresponding request to the Seller by sending a letter by email or when placing an order through the operator of the online store.

4.6. The Buyer’s obligation to pay for the Goods is considered fulfilled from the moment the funds are credited to the Seller’s account.

4.7. 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” section.

4.8. Upon receiving the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods to qualitative and quantitative characteristics (product name, quantity, completeness, shelf life).

4.9. The Buyer or his representative, when accepting the Goods, confirms with his signature in the sales receipt / or in the order / or in the shipping invoice for the delivery of goods that there are no claims to the quantity of the goods, external appearance, and completeness of the goods.

4.10. The right of ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or his Representative from the moment of receiving the Goods by the Buyer in the city of delivery of the Goods with independent delivery of the Goods from the Seller, or when the Seller transfers the goods to the delivery service (carrier) chosen by the Buyer.

5. Rights and Obligations of the Parties

5.1. The Seller is obliged:

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 as 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 and services, unilaterally by posting them on the website of the online store. All changes take effect from the moment of their publication.

5.3 The Buyer undertakes:

5.3.1 Before the conclusion of 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.

5.3.2 For the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.

6. Return of Goods

6.1. The Buyer has the right to return to the Seller non-food goods of proper quality if the goods did not satisfy him in terms of form, dimensions, style, color, size, or for other reasons cannot be used by him for its intended purpose. The Buyer has the right to return non-food goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of non-food goods is carried out if it has not been used and if its commercial appearance, consumer properties, packaging, seals, labels, and the settlement document issued to the Buyer for the payment of the Goods have been preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.

6.2. The return to the Buyer of the cost of non-food goods of proper quality is carried out within 30 (thirty) calendar days from the moment of receiving such Goods by the Seller, provided that the requirements of clause 6.1. of the Agreement and the current legislation of Ukraine are met.

6.3. The cost of the goods is returned to the Buyer by bank transfer to the Buyer’s account.

6.4. The return of non-food goods of proper quality to the Seller’s address is carried out at the expense of the Buyer, and is not reimbursed by the Seller to the Buyer.

6.5. In case of defects in the Goods discovered during the warranty period, the Buyer personally, in the manner and within the period established by the legislation of Ukraine, has the right to present claims to the Seller provided for by the Law of Ukraine “On Consumer Protection.” When making claims for free elimination of defects, the term for their elimination is counted from the date of receipt of the Goods by the Seller at his disposal and physical access to such Goods.

6.6. Consideration of claims provided for by the Law of Ukraine “On Consumer Protection” is carried out by the Seller on the condition that the Buyer provides the documents required by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after its transfer to the Buyer due to the Buyer’s violation of the rules of use or storage of the Goods, actions of third parties, or force majeure.

6.7. The Buyer does not have the right to refuse non-food goods of proper quality that have individually defined properties if such goods can be used exclusively by the Buyer who purchased them (including, at the Buyer’s request, non-standard sizes, characteristics, appearance, equipment, etc.). Confirmation that the goods have individually defined properties is the difference in the sizes of the goods and other characteristics specified on the website of the online store.

6.8. The return of the goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the “Contacts” section.

7. Liability

7.1. The Seller is not responsible for the damage caused to the Buyer or third parties due to improper installation, use, or storage of the Goods purchased from the Seller.

7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in case the Buyer provides unreliable or incorrect information.

7.3. The Seller and the Buyer are responsible for the performance of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer is released from liability for full or partial non-fulfillment of their obligations if non-fulfillment is the result of force majeure circumstances such as war or military actions, earthquake, flood, fire, and other natural disasters that occurred independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. 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 when placing an Order, the Buyer voluntarily gives the Seller their consent to the processing, use (including transfer) of their personal data, as well as the performance of other actions provided for by the Law of Ukraine “On Personal Data Protection,” without limiting the term of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting under an agreement with the Seller, including for the performance of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for the improper performance or non-performance of its obligations due to the obsolescence of information about the Buyer or its inconsistency with reality.

9. Other Terms

9.1. This agreement is concluded in 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 resolve the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for the resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided in clause 5.2.1. of the Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in the manner provided by the current legislation of Ukraine.

SELLER’S ADDRESS AND DETAILS:

“FOP Lyashko N.O.”

Ukraine, Kyiv, Revuts’koho Street, building 9

Account: UA603052990000026009030131965

at PJSC CB “PrivatBank”

MFO (Bank Code): 305299

TIN (Taxpayer Identification Number): 3081118044