Public offer
1. TERMS AND DEFINITIONS
1.1. In this offer, unless the context requires otherwise, the following terms have the meanings set forth below and are an integral part of it:
SELLER – Individual entrepreneur Veipan A.L.
BUYER – any capable natural person who accepts the public offer on the terms of this offer, places an order, and purchases goods from Individual entrepreneur Veipan A.L., presented on the website www.kiravintage.com, for personal, household, and other needs not related to entrepreneurial activity.
Online store – the official online store of the seller Individual entrepreneur Veipan A.L., located at the internet address www.kiravintage.com. Within this agreement, the concepts of online store and store, as well as internet addresses www.kiravintage.com and derivatives from www.kiravintage.com are equivalent and interpreted authentically, depending on the context of the offer.
Goods – an object (clothing item, accessory, or other material value) presented for sale on the website.
Order – a properly completed and placed order by the client (filled in the corresponding fields on the website in the “Cart,” “Order Placement” section), addressed to the Seller, for the sale and delivery of the selected goods on the website to the address specified by the Client.
2. GENERAL PROVISIONS
2.1. This public offer (hereinafter referred to as the “Agreement”) is an official proposal from Individual entrepreneur Veipan A.L. to any person who possesses legal capacity and necessary authority to enter into a purchase and sale agreement with Individual entrepreneur Veipan A.L. under the terms defined in this offer and contains all the essential terms of the agreement.
2.2. Relations in the field of consumer rights protection are governed by the Law of Ukraine “On Protection of Consumer Rights,” the Resolution of the Law “On Electronic Commerce,” and other laws and legal acts of Ukraine adopted in accordance with it.
2.3. The Seller has the right to make changes to these Terms without prior notice. Changes to the Terms come into effect after their publication on the Website and apply to any Orders made after publication.
2.4. Placing an order on the Website, placing an Order by phone, as well as registering imply the Customer’s acquaintance with these Terms, their understanding, mandatory consent, and acceptance.
2.5. All textual information and graphic images of goods posted on the Website are the property of the Seller or its counterparties. Viewing information or printing pages of the Website is permitted for personal use only.
3. SUBJECT OF THE AGREEMENT AND PRICE OF THE GOODS
3.1. The Seller transfers, and the Buyer accepts and pays for the goods under the terms specified in this agreement. The ownership right to the Ordered Goods passes to the Buyer from the moment of actual transfer of the Goods to the Buyer and payment by the latter of the full cost of the Goods. The risk of accidental loss or damage to the Goods passes to the Buyer from the moment of actual transfer 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: www.kiravintage.com.
3.3. The price of the goods is indicated in Ukrainian hryvnias, US dollars, or euros, depending on the chosen currency on the website at the current exchange rate of the Ukrainian hryvnia to the US dollar or euro.
3.4. The offer to conclude an agreement for a specific product is valid during the period of the product’s presence on the Seller’s website, provided that this product is available in the Seller’s warehouse.
4. MOMENT OF CONTRACT CONCLUSION
4.1. The text of this Agreement constitutes a public offer in accordance with Articles 633 and 641 of the Civil Code of Ukraine and is equivalent to an “oral agreement” and has proper legal force.
4.2. The contract concluded based on the acceptance of this offer by the Buyer is an adhesion 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 of the Buyer’s acceptance of the terms of this Agreement. The Buyer who purchased goods in the Seller’s online store (placed an order for goods) is considered a person who entered into relations with the Seller under the terms of this Agreement.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Seller undertakes:
5.1.1. From the moment of concluding this Agreement, to fully fulfill all obligations to the Buyer under the terms of this agreement and applicable legislation. The Seller reserves the right not to fulfill obligations under the Agreement in case of force majeure circumstances specified in clause 9 of this Agreement.
5.1.2. Process the Buyer’s personal data and ensure their confidentiality in the manner prescribed by applicable law.
5.2. THE SELLER HAS THE RIGHT TO:
5.2.1. Modify this Agreement, Prices for Goods, and Tariffs for related services, methods, and terms of payment and delivery of goods unilaterally by placing them on the pages of the online store located at the internet address: www.kiravintage.com. All changes come into effect immediately after publication and are considered brought to the attention of the Buyer from the moment of such publication.
5.2.2. Transfer its rights and obligations under the Agreement to third parties without the consent of the Buyer.
5.3. THE BUYER UNDERTAKES:
5.3.1. Before concluding the Agreement, familiarize themselves with the content and terms of the Agreement, prices for Goods offered by the Seller in the online store.
5.3.2. To place orders, the Client needs to enter their data and place orders independently or with the help of a customer service specialist by methods available to clients.
5.3.3. To enable the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that uniquely identify them as the buyer and are sufficient for the delivery of the Goods ordered by the Buyer.
5.3.4. Pay for the ordered Goods and their delivery under the terms of this Agreement.
5.3.5. To avoid disputes, when placing an order, familiarize themselves with the information provided by the Seller on its website, including but not limited to sections: Payment and delivery, Privacy Policy.
5.3.6. Not to use the goods ordered on the website for commercial purposes.
6. ORDER ACCEPTANCE
6.1. After placing the Order, the Client receives information about its composition to the email address provided by them, indicating the cost of the goods, the delivery address, and the delivery cost.
6.2. The Order is considered accepted for execution after the Client receives an electronic notification to the email address specified in the registration form, confirming the acceptance of the Order, and/or after a message appears on the website page confirming the creation of the Order with its number.
6.3. The Seller reserves the right to cancel the Client’s application at the confirmation stage.
6.4. The Seller reserves the right to coordinate the order details with the Client over the phone. If it is impossible to contact the Client within 48 hours, the order made by the Client is canceled. In this case, if the Client has made a prepayment, the funds are refunded 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 delivery date of the order. The specified date depends on the availability of the ordered goods in the Seller’s warehouse and the time required for processing and delivery of the order.
7. DELIVERY OF GOODS
7.1. The Client undertakes to accept the Order within the agreed delivery terms. The delivered Goods are handed over to the Client, or in their absence, to any person who presents confirmation of the Order or other document confirming the delivery of the goods.
7.2. The Seller strives to adhere to the agreed delivery terms as much as possible. The Seller is not responsible for possible delivery delays due to unforeseen circumstances beyond the Seller’s control that could not be foreseen.
7.3. For Clients from distant foreign countries, the Seller ships orders without considering the taxes and customs duties of the Buyer’s country of residence. The delivery price does not include taxes and customs duties.
8. RETURN AND EXCHANGE TERMS
8.1. The goods are not subject to return or exchange.
9. PAYMENT METHODS
9.1. The Buyer can make payment using the following methods:
– Online payment on the website;
9.2. Online payment is made using a payment system.
10. FORCE MAJEURE
10.1. Either Party shall be relieved from liability for full or partial non-performance of its obligations under this Agreement if such non-performance was caused by force majeure circumstances arising after the signing of this Agreement. “Force Majeure Circumstances” mean extraordinary events or circumstances that such Party could not foresee or prevent by reasonable means. Such extraordinary events or circumstances include, but are not limited to: strikes, floods, fires, earthquakes, and other natural disasters, wars, military actions, actions of Ukrainian or foreign state authorities, as well as any other circumstances beyond the reasonable control of either Party. Changes in the current legislation or regulations that directly or indirectly affect either Party do not constitute force majeure. However, in case of such changes preventing either Party from fulfilling any of its obligations under this Agreement, the Parties shall promptly decide on the procedure for dealing with this issue to ensure the continuation of the performance of this Agreement by the Parties.
11. CONFIDENTIALITY
11.1. When registering on the website and placing an order, the Client provides their data. The Seller has the right to use this information to fulfill its obligations to the Client. The Seller acknowledges the importance of the confidentiality of the personal information provided by the Client. By providing their personal data to the Seller, the Client agrees to their processing by the Seller, including for the purpose of fulfilling its obligations to the Client within the framework of this offer, promoting the Seller’s goods and services by sending advertising and informational mailings, conducting electronic and SMS surveys, organizing contests and other promotions among clients, analyzing the results of marketing campaigns, customer support, conducting statistical research, organizing product delivery, and monitoring customer satisfaction with the quality of services provided by the Seller. Visitors to the website, as well as Clients, agree that for the fulfillment of obligations to the Client, as well as for conducting marketing research, generating analytical reports, and other marketing activities, the Seller may entrust the processing of personal data (including, but not limited to – date of birth, email address, data on accounts in social networks, information about purchase history, information about interests) to third parties on the basis of a contract concluded with such persons, provided that the requirements of Ukrainian legislation on ensuring the confidentiality and security of personal data in their processing are met. Processing of personal data means any action performed with the use of automation tools or without the use of such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (including transfer to third parties, including cross-border transfer, if necessary for the performance of obligations), depersonalization, blocking, deletion, destruction of personal data. The Seller must process personal data, including by sending advertising correspondence to the specified postal address, making phone calls, sending SMS messages, messages via internet messengers, and sending advertising emails to the email address specified by the client.
– The Client may opt out of receiving mailings, receiving advertising and other information without giving reasons by one of the specified methods:
– The Client may select mailing parameters or unsubscribe from it by clicking the “unsubscribe” button in the email;
– The Client may contact the Seller’s Customer Service using the contact details provided on the kiravintage.com website 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 an agreement with the Seller to fulfill obligations to the client.
11.3. The Buyer agrees 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 tools specifically developed at the request of the Operator.
11.4. The Buyer has the right to request from the Operator full information about their personal data, their processing and use, as well as to demand the exclusion or correction/supplementation of incorrect or incomplete personal data.
12. PARTIES’ LIABILITY
12.1. For non-performance or improper performance of the terms of this Agreement, the Parties shall be liable in accordance with the legislation of Ukraine.
12.2. All textual information and graphic images posted on the website www.kiravintage.com belong to their rightful owner, and illegal use of this information and images is prosecuted in accordance with the current legislation of Ukraine.
13. OTHER CONDITIONS
13.1. All disputes related to non-performance or improper performance of their obligations under this agreement, the parties will try to resolve through negotiations.
13.2. In case of failure to reach an agreement during negotiations, disputes shall be resolved in court in accordance with the current legislation of Ukraine.