Public offer

Public offer agreement

The public offer agreement is public, that is, in accordance with articles 633, 641 of the Civil Code of Ukraine and the law of Ukraine "on electronic commerce" (Article 11), its terms and conditions are the same for all buyers. In full agreement with this Agreement, the buyer accepts the terms and procedure for placing an order, paying for and delivering the goods by the seller, liability for an unfair order and for non-fulfillment of the terms of this Agreement.

A buyer who wants to purchase goods in an online store should carefully read the terms of this Agreement, and if they agree, accept its terms.

Clicking on a website page https://aveparfums.com.ua/ in the corresponding section of the button "place an order" means that the buyer, in accordance with the current international and Ukrainian legislation, has read, agrees to the terms of this agreement, confirms full and unconditional acceptance of its terms (acceptance) 

CONCEPTS USED IN THIS AGREEMENT

Site - a set of Information Resources posted on the Internet at www.aveparfums.com.ua.

Online store - An internet site hosted on the internet at www.aveparfums.com.ua, where the goods offered by the seller for purchase are presented, as well as the terms of payment and delivery of goods to the buyer.

Site User - site user www.aveparfums.com.ua.

Buyer - an individual, a site visitor who accepts the terms of this agreement, intends to order or purchase, or a customer who purchases goods exclusively for personal needs that are not related to the implementation of business activities.

Seller — Limited liability company "Bohemia cosmetics", USRPO code 45020671, tin 450206704629, location: Ukraine, 49000, Dnipropetrovsk region, Dnipro City, PR. Khmelnitsky Bogdan, House 147.

Acceptance - acceptance by the buyer of the seller's offer to purchase the service, the image of which is posted on the site by adding it to the virtual shopping cart and sending the order.

Order - the buyer's request for the purchase and delivery of goods selected on the site to the address specified by the buyer is executed in the established way.

Selling products through an online store - sale of goods by entering into an electronic contract on the basis of familiarization of the buyer with the description of the goods offered by the seller, contained in the catalog of the online store, which excludes the possibility of direct familiarization of the buyer with the goods at the conclusion of such a contract.

Product - perfume products, perfume and cosmetic products and accessories presented for sale on the seller's website.

Offer - information posted on the site about a specific product that can be purchased by the buyer. The offer includes: information about the product, information about the price of the product, payment and delivery methods, as well as other conditions for purchasing the product by the buyer. The terms of the offer are determined by the seller. The offer is not an offer, but only information about possible ways to purchase the product.

Registration - filling out the appropriate form by the buyer / user on the site indicating the data required for identification, followed by entering the buyer's personal data into the seller's database.

Purchase without registration - the type of Product order on the site, which differs in that the buyer can place an order for the product without going through the registration procedure on the seller's website.

Status message - a message that is sent by the seller to the e-mail or mobile number of the site user and contains information about the order status, registration, access to the personal account, and so on. Messages of this type can be received by the site user when performing appropriate actions (registration, placing an order, etc.) and do not require additional consent to receive them.

Informational message - a message that is sent by the seller to the buyer's e-mail or mobile number and contains information about special offers, promotions, seller's news and other messages.

Hotline - one of the ways to provide information support to customers / visitors. The hotline phone number is indicated on the website. Calls from landlines and mobile numbers of Ukrainian operators on the territory of Ukraine are charged according to the tariffs of the buyer's operator. The hotline is open from 9.00 to 18.00 from Monday to Friday (except public holidays and weekends).

I. general provisions

1. The seller sells goods through an online store located at www.aveparfums.com.ua.
2. By ordering goods through the online store, the buyer agrees to the terms of sale of goods set out in this Agreement. In case of disagreement, the buyer should not place an order for goods.
3. This contract of sale of goods, as well as information about the goods presented on the site, is a public offer in accordance with article 641 of the Civil Code of Ukraine and Article 11 of the law of Ukraine "on electronic commerce".
4. The agreement comes into force (is considered concluded) from the moment the seller receives an order duly executed by the buyer, which must specify:
   • email address, last name, first name, patronymic, contact phone number of the buyer or the person (recipient) specified by him, address to which the Goods should be delivered;
   • product name, quantity, and price.
5. The seller has the right to unilaterally change the terms of this public Agreement at any time. These changes take effect from the moment the new version of the agreement is posted on the site.

II. Registration on the site

1. Registration on the site is carried out at https://aveparfums.com.ua/account/signup/
2. When registering on the site, the buyer undertakes to provide reliable and accurate information about himself and his contact details in order for the seller to fulfill its obligations to the buyer and deliver goods to him.
3. Registration on the site is not required for placing an order.
4. The seller is not responsible for non-fulfillment of its obligations if the information provided by the buyer during registration is inaccurate or incomplete.
5. The buyer undertakes not to disclose to third parties their username and password specified during registration. 
6. All actions performed on behalf of the buyer, i.e. using their username and password, are solely the responsibility of the buyer.

The buyer is responsible for illegal illegal actions, for damage caused by his actions (personally, or even if another person entered under his username), including, but not exclusively, committed and or caused by the buyer to individuals or their property, legal entities.

III. Subject of the agreement

1. The subject of this agreement is to provide the buyer with the opportunity to purchase goods specified in the catalog of the online store for personal needs that are not related to the implementation of business activities, under the terms of this Agreement.

• this agreement regulates the purchase and sale of goods in the online store, including:
• voluntary selection of goods by the buyer in the online store;
• self-registration of an order by the buyer in the online store;
• payment by the buyer for an order placed in the online store;
• processing, delivery and transfer of the order to the buyer under the terms of this Agreement.

 

IV. Product information, product price

1. Photos of products presented on the site may differ slightly from the actual appearance of the product. Product descriptions/ specifications are provided for review. The online store does not guarantee the accuracy and completeness of materials about the products presented on the site.the main characteristics of the product are indicated. The buyer can get full information about the product by contacting the hotline listed on the site during business hours, or by sending an email to the email address specified on the site.
2. The seller may make changes to product descriptions or photos at any time without prior notice. The online store is not responsible for any losses (including, but not limited to, losses from loss of profit, data, or business interruption) resulting from the use, inability to use, or results of using the site. To clarify information about the product, the buyer can get it by contacting the hotline listed on the site during business hours, or by sending an email to the email address specified on the site.
3. The price of the product presented on the Website is indicated in UAH, including VAT.
4. Product information posted on the site www.aveparfums.com.ua, submitted for review purposes.
5. The buyer agrees that the price of the product put in the "basket", its range and quantity will be relevant only at the time of forming the "basket" and may change if the purchase was not finalized by clicking the "Confirm Order"button.
6. The price, including discounts or promotional offers, is indicated in the "shopping cart" when placing an order. By clicking the "place an order" button, the buyer agrees to purchase the product at the price indicated in the "shopping cart".
7. The price of the product on the site can be changed by the seller unilaterally. However, the price of the product ordered by the buyer is not subject to change.
8. The seller has the right to provide discounts on goods, hold promotions, and set special prices for goods. The amount of discounts is indicated on the main page of the site and in the product card and can be changed by the seller unilaterally.
9. In case of incorrect indication of the price of the goods ordered by the buyer, the seller informs the buyer about this in order to confirm the order at the corrected price or cancel the order. If it is not possible to contact the buyer, this order is considered canceled. If the order was paid for, the seller returns the amount paid for the order to the payment card to the buyer.

V. placing an order

1. The buyer independently places an order by freely selecting the desired product, moving it to the "Add to cart" section and confirming the selection by clicking the "place an order" button or by calling the phone number indicated on the site. After placing the order, the buyer will be sent a notification of order confirmation to the contacts specified during placing the order (e-mail and / or mobile phone). When placing an order by phone, the notification is made by phone or sending a message to a mobile number.
2. If the goods ordered by the buyer are not available in the seller's warehouse, the latter has the right to cancel the buyer's order by notifying the buyer about this by calling the online store consultant, sending a letter or notification to the mobile number. In case of cancellation of the prepaid order, the cost of the product is returned by the seller to the buyer's payment card.
3. By placing an order, the buyer confirms their consent to the terms of this offer and agrees to the processing of their personal data. The buyer confirms that he is familiar with the sections of the site "delivery and payment", "return and Exchange" "Privacy Policy" agrees with them and understands them fully. The seller reserves the right to change the delivery time of the order with subsequent notification to the buyer.
4. The buyer bears the risk of adverse consequences for providing false information, which entailed the inability of the seller to properly fulfill its obligations to the buyer.
5. To confirm the order, the buyer can be contacted by an online store consultant who clarifies the order details. Order confirmation can also take place without calling the consultant, via email or message to the mobile number.
6. The seller has the right to refuse to transfer the order to the buyer if the data provided by the buyer when placing the order is incomplete or raises suspicions about their accuracy. In case of cancellation of the prepaid order, the cost of the product is returned by the seller to the buyer's payment card.
7. The buyer has the right to cancel the order within 8 hours since its registration, but in any case, no later than the date of sending the order.

To cancel the order, the buyer undertakes to contact the seller by contacting the hotline listed on the site during business hours, or by sending an email to the email address specified on the site.

 

VI. Product delivery

1. Delivery of goods is carried out by the courier company selected by the seller. Methods, approximate terms, and territory of delivery of goods are indicated on the site in the "delivery"section.
2. Delivery terms are specified on the website at https://aveparfums.com.ua/information-for-buyers/delivery-and-payment/  
3. Upon delivery, the goods are delivered to the buyer or a third party specified in the order (recipient). If it is not possible for the above-mentioned persons to receive the goods, the goods can be delivered to the person who can provide information about the order, as well as pay the order price in full. In this case, the seller's obligations are considered to have been properly fulfilled.
4. In total, the documents provided for by current legislation are submitted to the buyer for the order.
5. The representative of the courier company (Courier) has the right to request an identity document of the recipient when delivering the goods.
6. Ownership of the goods passes to the buyer at the time of delivery of the goods after payment of the full cost of the goods.
7. The risk of accidental loss or accidental damage of the goods passes to the buyer at the time of delivery of the goods to him and the buyer / recipient signs the documents confirming its delivery. In case of non-delivery of the goods, the seller reimburses the buyer for the cost of the order prepaid by the buyer and delivery in full after receiving confirmation from the courier company of the loss of the goods or their return to the seller's warehouse.
8. The cost of delivery depends on the weight and dimensions of the product and is determined according to the courier service's tariffs
9. The seller's obligation to deliver the goods to the buyer is considered fulfilled at the time of delivery of the goods to the buyer / recipient or receipt of the goods at the branches of courier companies.
10.  At the time of receipt of the goods, the buyer/recipient of the goods undertakes to verify the integrity and completeness of the goods by examining the contents of the package. After receiving the Goods and signing the invoice by the buyer, the seller does not accept claims

The courier service employee is not authorized to give any advice on the product. All questions must be addressed to the buyer's representative.

If the Transport Package is damaged, the goods are missing from the parcel, or the goods are defective, the recipient must inform the courier service operator about this and make a claim, do not pick up the parcel and do not pay for delivery services.

If you have any questions about product damage, lack of goods, or detection of defects, the buyer should contact the hotline indicated on the site during business hours, or by sending an email to the email address indicated on the site.

VII. Payment for goods

1. in the online store, the buyer can pay for the order:

• using a Visa or Mastercard bank card on the website
• in cash to the courier or in cash or by bank card at the Novaya Pochta branch.

2. Provider of electronic payments on the website of the seller — limited liability company "financial company "Wei for PEI".
3. The cost of delivery is paid by the buyer on the website when placing an order, at The New Mail branch, or to The Courier upon receipt of the order.

VIII. Return of goods and funds

1. Return of goods of proper quality.

According to the current legislation *, perfume and cosmetic products of proper quality are not subject to return or exchange.

* Article 9 of the law of Ukraine" on consumer rights protection " of 12.05.1991 No. 1023-XII and appendix No. 3 to the resolution of the Cabinet of Ministers of Ukraine "on the implementation of certain provisions of the law of Ukraine" on consumer rights protection " of 19.03.1994 No. 172 to goods of proper quality that are not subject to exchange (return) include: perfume and cosmetic products, sanitary hygiene items, massage Combs and brushes, goods in aerosol packaging, tools for manicure, pedicure (scissors, nail files, etc.).

2. Return of goods of improper quality.

A product of poor quality is a product that contains defects. A product defect is its non-compliance with the requirements of regulatory legal acts and regulatory documents, the terms of the contract, or the requirements that are imposed on it. The received product must match the description on the site. The difference between design or design elements and the description stated on the site is not a sign of improper quality.

• If goods of improper quality have been delivered to the buyer, the buyer has the right to use the provisions of Article 8 of the law of Ukraine "on consumer rights protection" — to demand replacement with goods of proper quality or to demand termination of the contract and refund of the amount of money paid for the goods.

laughter. Force majeure circumstances (fOPC major)

1. in the event of certain circumstances that prevent either party from fulfilling its obligations under the agreement, the non-performing Party is completely released from liability for non-performance, provided that:

1.1. the circumstance that arose could not be taken into account when concluding the agreement;

1.2. this obstacle cannot be avoided or overcome in the performance of its obligations;

1.3.the above-mentioned obstacle or its consequences were the result of reasons beyond the control of the non-performing Party.

2. Force majeure circumstances include: threat of war, armed conflict or serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargoes, actions of a foreign enemy, general military mobilization, military actions, declared and undeclared war, actions of a public enemy, disturbances, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, mutiny, uprising, mass riots, curfew, quarantine established by the Cabinet of Ministers of Ukraine, expropriation, forced seizure, seizure of enterprises, requisition, public demonstration, blockade, accident, illegal actions of third parties, fire, explosion, long breaks in the operation of transport, regulated by the conditions of relevant decisions and acts of state authorities, as well as caused by exceptional weather conditions and natural disasters, namely: epidemic , strong storm, cyclone, hurricane, tornado, hurricane, flood, snow accumulation, ice, hail, frost, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters. 

In this case, the term of performance of the agreement will be extended for the duration of the specified circumstances

3. a party that is unable to fulfill its obligations due to such circumstances must immediately notify the other party in writing and provide confirmation of the beginning, duration and termination of such circumstances no later than 15 (fifteen) business days. A certificate issued by the Regional Chamber of Commerce and industry or other relevant body is sufficient confirmation of the validity of force majeure circumstances and their duration. Failure to provide the above-mentioned confirmation or violation of the deadline for providing confirmation deprives the parties of the right to refer to the circumstances of force majeure as grounds for exemption from liability for non-performance and / or improper performance of their obligations under the agreement.

4.if due to force majeure circumstances, the delay in the performance of the contract is more than 30 (thirty) calendar days, the performance of the contract is economically impractical and each party has the right to withdraw from the contract or part of it, while neither party has the right to demand compensation for losses from the other party.

X. cookies

1. A cookie is a small piece of information that is sent to the browser and stored on your computer's hard drive.
2. Site www.aveparfums.com.ua uses cookies to monitor the use of the site, as well as the provision of services.

This technology expands the possibilities of using the internet, while maintaining the priorities of users when viewing certain sites.

While browsing the site www.aveparfums.com.ua the site may place cookies on the user's computer. These temporary cookies are used to count the number of visits to the site. They are deleted when the user logs out of the browser. Persistent cookies can be stored on the user's computer by the browser. During registration, this type of cookie informs the site whether the user is visiting the site for the first time. Cookies do not contain personal data of users, do not transmit users 'contact details or information from users' computers, and can be blocked by the user at any time. Cookies are used to provide users of the site with the most relevant information; help to make the Site More Secure, secure and convenient; provide the ability to track violations of the Privacy Policy by visitors or devices; provide the ability to estimate the number and frequency of requests, as well as identify and block visitors or devices that attempt to batch download information from the site.

3. To block the acceptance of New cookies, you can use the "help" shortcut, which is present in the panel of most browsers.

Cookies allow the user to fully use all the features of the site, so we recommend that you leave them enabled.

Hi. Confidentiality, use of personal data and transfer it to third parties

1. When accepting the offer, the buyer gives his consent to the collection and processing of his personal data, as well as information about consumer preferences and purchases in the seller's stores, in accordance with the law of Ukraine of June 01, 2010 No. 2297 - VI "on personal data protection". The buyer's personal data is processed in accordance with the law of Ukraine "on personal data protection".
2. Purpose of personal data processing. The data provided by the buyer when registering or placing an order through the site will be used to process orders for the purchase of goods, receive information about the order, send advertising offers, information about promotions, sweepstakes, Special Offers or any other information about the activities of the seller or its partners, for other commercial purposes by telecommunications means (by e-mail, using mobile communication).
3. The owner of personal data is Limited liability company "Bohemia cosmetics", USRPO code 45020671, tin 450206704629, location: Ukraine, 49000, Dnipropetrovsk region, Dnipro City, PR. Khmelnitsky Bogdan, House 147
4. The seller guarantees the confidentiality and protection of personal data of buyers.
5. The buyer gives the seller the right to process his personal data, including: to include personal data in the database (without further notice), to carry out indefinite storage of data, their accumulation, updating, modification (if necessary). The seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to third parties (except for the transfer of data to commercial partners, persons authorized by the seller to carry out direct data processing for these purposes, including mobile operators, postal or courier delivery services, contact centers, advertising agencies, as well as at the request of competent state authorities in accordance with the procedure established by law).

XII. Informational messages / mailing lists

1. The newsletter and informational messages will be sent to the email addresses of customers who purchased the product in a network of stores (including in the online store www.aveparfums.com.ua) and / or participated in promotions and / or other marketing activities (contests, prize / gift draws, etc.). The basis for receiving a newsletter and / or informational message is the buyer's consent to such a newsletter, issued by specifying the email address and / or mobile phone number, which the buyer on his own initiative reported in the relevant questionnaire or when placing an order in the online store www.aveparfums.com.ua, or in the case of a self-subscription to receive newsletters and informational messages on the site.
2. The buyer can unsubscribe from receiving the mailing list at any time through the corresponding functionality in the body of the mailing list (by clicking on the "Cancel" link at the bottom of the email).

 

XIII. Additional conditions

1. The online store 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 preventive or other work with or without prior notice to buyers.
2. In case of questions and complaints from the buyer, he can contact the seller by sending a message from the personal account, calling during business hours on the hotline indicated on the site, or by sending an email to the email address indicated on the site. All disputes that arise, the parties will try to resolve through negotiations, if no agreement is reached, the dispute will be referred to a judicial body for consideration in accordance with the current legislation.
3. Recognition by the court of the invalidity of any provision of this agreement does not entail the invalidity of other provisions.