PUBLIC CONTRACT (OFFER)
to order, purchase and delivery of goods
1. GENERAL PROVISIONS
- This agreement is an official proposal of the seller, an individual entrepreneur Rusynovych Serafyma Serhiivna (identification code 3268516886), to conclude a sale and purchase agreement for the Goods presented on the website https://roussin.ua/ with the Buyer.
- This agreement is public, that in accordance with Art. 633 of the Civil Code of Ukraine, its conditions are the same for all buyers, regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another.
- The public offer is considered unconditionally accepted by the Buyer when the Buyer clicks on the link “Checkout” on the product card page or “Buy” on the Cart page, when paying for the order and/or when the Seller sends the Order confirmation to the Buyer in electronic form (by e-mail, sms, messenger, etc.).
- The public offer is also considered unconditionally accepted by the Buyer at the time of placing the order by the Buyer in a different way than specified in clause 1.3 of this Agreement, namely through the brand’s social networks, in messengers, by phone. When placing an Order in this way, the data about the Buyer is entered into the seller’s database.
- The terms of this Agreement may be changed by the Seller unilaterally without notifying the Buyer. The new version of the Agreement comes into force from the moment it is posted on the Site, unless otherwise provided. In addition, amendments to the Agreement can also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.
- This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine. It comes into force from the moment it is accepted by the Site User or the Buyer, and is valid until the acceptance of the Public Offer is withdrawn.
- The version is valid from April 1, 2021.
- Account (account) – the Buyer’s personal page on the Site, which contains the Buyer’s contact details, as well as information related to the use of the site for placing Orders.
- Order – a duly completed request of the Buyer for the purchase and delivery of the Goods selected on the Site to the address indicated by the Buyer.
- Product card – a website page that contains information about a product and the conditions for its purchase.
- User – a site visitor who accepts the terms of this Agreement and wants to place an Order on the Site.
- Cart is a page of the site that contains a list of the goods selected by the Buyer before placing an order.
- A significant defect of the Goods is a defect that makes goods impossible to use in accordance with its intended purpose, and arose through the fault of the seller. After its elimination, it manifests itself again for reasons independent of the consumer, and at the same time it cannot be eliminated at all; or its elimination requires more than fourteen calendar days; or it makes the product materially different from that provided in the contract.
- Buyer – a user (person, individual entrepreneur or legal entity) who placed an order on the website https://roussin.ua/ for the purpose of purchasing goods.
- Seller – an individual entrepreneur Rusynovych Serafyma Serhiivna (identification code 3268516886), who acts in accordance with the current legislation of Ukraine.
- Public offer (hereinafter referred to as the “Offer”) is a public offer of the Seller, addressed to an indefinite circle of persons, to conclude with the Seller a contract for the sale of goods by remote means (hereinafter referred to as the “Agreement”) on the terms contained in this Offer.
- Site – an online store https://roussin.ua/, created to conclude contracts for retail and wholesale purchase and sale on the basis of the Buyer’s acquaintance with the description of the Goods proposed by the Seller via the Internet.
- Goods – clothes, shoes or accessories presented on the Seller’s Website, offered by the Seller for sale and available for ordering by the Buyer.
- Roussin is a registered trademark of the products.
3. SUBJECT OF THE CONTRACT
- This Agreement applies to all goods presented on the Site.
- The subject of the Agreement is to enable the Buyer to choose and buy the goods presented on the Site only for personal (non-commercial) use.
- At the same time, the Buyer undertakes to pay for and accept the selected goods, and the Seller undertakes to transfer the goods to the Buyer under the terms of this Agreement.
4. REGISTRATION ON THE SITE
- Registration on the Site is carried out on the “My Account” page by automatic authorization using the user’s profile on Facebook or Google, or by filling out the registration form (email and password).
- Registration on the Site is not mandatory for ordering.
- The Seller is not responsible for the accuracy and correctness of the information provided by the User during registration.
- The user undertakes not to disclose to third parties the login and password specified by him during registration.
- The Buyer’s data specified during registration or ordering are stored in the database of the seller’s website and are used by the Seller in the future to carry out the Buyer’s Orders. In this case, the Buyer has the right to change his data in his account.
- By registering and/or purchasing Products on the Site, the Buyer agrees to receive news, special offers, etc. via e-mail, messenger or phone number specified during registration. If the Buyer wishes to refuse to receive such information, he can contact the Seller at the contacts indicated on the Site.
- If the Buyer wishes to delete his account from the site, he can contact the Seller at the contacts indicated on the Site.
5. GOODS AND ORDERING PROCEDURE
- The characteristics of the goods indicated in the product cards on the Site are not exhaustive. To update information about the Goods, the Seller has the right to correct errors, change or update information about the Goods at any time.
- Photos of some of the products presented on the site may differ from the actual appearance of these Products, since they can be made using hand-painted technology, which makes each product unique, or using fabrics with a designer print, the placement of which in the context of the Product may differ.
- Some colors of the images of the Goods on the pages of the site may differ from the actual colors of the goods, taking into account the peculiarities of the reproduction of images by different devices.
- The Buyer independently places an order on the Site by clicking the required size on the page of the selected Product and the button “Add to cart”, then the link “Checkout”, and then through the form “Cart” enters the necessary personal data (specified in clause 5.5. Of the Agreement) for the implementation of the Order. The buyer also has the right to place an order by e-mail, in the messenger or social networks specified in the contact section of the site.
- When placing an order on the Site or using other methods specified in clause 5.4 of the Agreement, the Buyer must provide the following reliable personal information that belongs to him on legal grounds, necessary for the Seller to complete the order:
- Surname, name of the Buyer.
- Address for delivering goods.
- Contact phone number and e-mail.
- If any of the Parties of the Agreement needs additional information, each of the parties has the right to request it from the other Party.
- The Buyer is responsible for the accuracy of the information provided when placing an Order. If the Buyer does not provide the necessary information or provides inaccurate information, the Seller is not responsible for the provision of high-quality service when purchasing the Goods on the Site. In this case, 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 causes suspicion about their validity.
- The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer’s basket on the Site.
- The Pre-order label in the product card and in the basket means that the product is out of stock, but it is possible to make the product of the required size to order. The production time is 5-7 working days (this information is reflected in the corresponding product card).
- The Seller monitors the update of information on the Site about the availability of Products. If the Goods ordered by the Buyer are out of stock, the Seller has the right to warn the Buyer about the possibility of manufacturing such Goods and agree with the Buyer about the approximate production time. Or he can exclude the specified Goods from the Order (or cancel the Buyer’s Order), notifying the Buyer about this by sending an appropriate message to e-mail or phone number specified by the Buyer during registration (or by call). In case of cancellation of a prepaid Order of the Goods, the cost of such Goods is returned by the Seller to the Buyer in the manner in which the Goods were paid.
- In the process of placing an order on the Site on the page “Cart”, the Buyer has the right to put the mark “Do not call” if he is completely sure of his order and does not have any questions. In this case, after placing the Order, the Buyer will receive a message (by e-mail, messenger or phone number specified when placing the Order) from the seller about the status of his Order and the estimated delivery date.
- If in the process of placing an Order on the Site on the “Cart” page, the Buyer did not check the “Do not call” checkbox, the Seller will contact the Buyer to clarify the details of the order and inform about its status and the estimated delivery date.
- In the process of placing an Order on the Site on the page “Cart”, the Buyer has the right to apply a Discount Coupon, if he has one. The cost of such Goods will be automatically recalculated taking into account the coupon.
- The Seller has the right not to sell the goods to the buyer if the card of such Goods contains incorrectly specified information. Orders placed with an error in price are not concluded. In this case, the Seller has the right to cancel the order and return to the Buyer the funds paid for the purchased Goods or offer the Buyer to pay the correct amount of the cost of the Goods.
- If reasons arise that make it impossible for the Seller to fulfill the Buyer’s Order, the Seller may reject the order, including after confirming it, by sending the Buyer an appropriate message to the e-mail, messenger and / or phone number specified during registration. In this case, the terms of this Agreement for the Buyer and the Seller are canceled, and the cost of the Goods paid by the Buyer is returned in the manner in which the Goods were paid.
- The Buyer can contact the Seller using the contact information indicated on the Site, if he wants to place an order for the manufacture of an individual product. Such a product can be used exclusively by the Buyer who purchased it, since it may have non-standard dimensions, characteristics, appearance, configuration at the request of the Buyer. Confirmation that the product has individually defined properties is the difference in the size of the product and other characteristics indicated on the Site. The order of such a product is possible only on condition of 100% prepayment. The production time for such an order is minimum 5 working days. Such goods cannot be replaced or returned in accordance with the current legislation of Ukraine.
6. PRICE AND PAYMENT OF THE GOODS. DELIVERY
- Prices for goods are determined by the Seller independently and are indicated on the Site in UAH and USD.
- The seller has the right to unilaterally change the prices of goods, depending on market conditions. In this case, the price of the Goods, the cost of which has already been paid by the Buyer, cannot be changed by the Seller unilaterally.
- The seller has the right to establish a bonus system. The types of discounts, bonuses, gifts are determined by the Seller independently, can be indicated on the Site, and be changed unilaterally at any time.
- Payments between the Seller and the Buyer for the Goods are carried online using the Fondy.ua payment system (in this case, additional commission can be charged by the issuing bank). The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller to his account.
- Dispatching of the Order by the Seller is carried out within 1-3 working days from the date of registration of the Order, if the goods are in stock. In the case of pre-ordering the Goods (with the Pre-order mark), the dispatching time is 5-7 working days.
- Delivery of goods is carried out throughout Ukraine, with the exception of the Autonomous Republic of Crimea and the territories of the Joint Forces Operations.
- Delivery of goods outside Ukraine is carried out by Ukrposhta. Delivery times are 10-26 working days, depending on the country of destination (up-to-date information on delivery times to your country can be found on the Ukrposhta website). The seller is not responsible for the delivery time of the order by the carrier.
- Delivery of goods outside of Ukraine is carried out at the expense of the Buyer. In this case, the cost of such Goods increases by the amount of delivery, when ordering.
- The services of returning the goods are paid by the Buyer, regardless of the value of the goods.
- In case of the return of the Goods, the cost of delivery of the Goods is non-refundable.
- Ownership and the risk of accidental loss or damage to the Goods passes to the Buyer from the moment the Goods are received by the Buyer (or his representative) at the place of receipt of the Goods, by signing the sales receipt by the parties and 100% payment by the Buyer (or his representative) of the cost of such goods.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
- The seller is obliged to:
- Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.
- The seller has the right to:
- Change the terms of this Agreement, as well as the prices of goods unilaterally by posting them on the Site. All changes come into force from the moment of their publication.
- Unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement
- The Buyer undertakes:
- By the time of 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 Site.
- Independently place an order on the website, or in another way specified in clause 5.4 of this Agreement.
- Timely pay for the order in full and receive the order under the terms of this Agreement.
- For the Seller to fulfill his obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer and is sufficient to deliver the ordered goods to the Buyer.
8. RETURN OF GOODS
- The buyer has the right to exchange or return the seller goods of good quality within 14 (fourteen) calendar days, excluding the day of purchase, if the goods did not satisfy him in shape, style, color, size or for other reasons cannot be used by him for its intended purpose.
- Exchange and return of goods of good quality is possible if the goods have not been used and if their presentation, consumer properties, packaging, labels, as well as the payment document issued to the Buyer for payment of the goods are preserved.
- The list of goods that can’t be exchange and return approved by the Cabinet of Ministers of Ukraine. Among such non-returnable goods: hosiery, underwear (including swimwear, bodysuits), corsets, face masks, gloves or sets containing at least one of these goods, etc.
- Refunds to the Buyer of the cost of goods of good quality are carried out by transferring funds to the Buyer’s account within 7 (seven) working days from the date of receipt of such Goods by the Seller.
- The return of the Goods of proper quality is carried out at the expense of the Buyer and the Seller is not reimbursed to the Buyer. The cost of delivery of the Goods of proper quality, paid when ordering the goods, is also not refundable. The Buyer is responsible for the return of the goods of good quality and for preserving its integrity and all characteristics until it is received by the Seller.
- The Buyer does not have the right to refuse the goods of good quality if the goods were made according to an individual order and can be used exclusively by the Buyer who purchased it (has non-standard dimensions, characteristics, appearance, packaging, etc.). Confirmation that the product has individually defined properties is the difference in the size of the product and other characteristics indicated on the Site.
- To process the return of the goods, the Buyer must contact the Seller at the contacts indicated on the Site.
- The Seller is not responsible for damage caused to the Buyer or third parties due to improper use, storage of the Goods purchased from the Seller.
- The Seller is not responsible for improper, untimely execution of Orders and his obligations in the event that the Buyer provides inaccurate or false information.
- The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
- The Seller or the Buyer are exempt from liability for full or partial failure to fulfill their obligations if failure is a consequence of force majeure, such as: war or military action, earthquake, flood, fire and other natural disasters that arose regardless of the seller’s will and/or Buyer after the conclusion of this contract. The Party that cannot fulfill its obligations shall immediately notify the other Party about it.
- The Parties shall make every effort to resolve any disagreements solely through negotiations. If the settlement of the dispute is not achieved through negotiations, the Buyer and / or the Seller has the right to apply for a dispute resolution to the judicial authorities in accordance with the current legislation of Ukraine.
10. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA.
- By providing his personal data on the Site when registering or placing an Order, the Buyer provides the Seller with his voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other actions provided for by the Law of Ukraine “On the Protection of Personal Data”, without limiting the duration of such consent.
- 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 on the basis of an agreement with the Seller, including to fulfill 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.
- The Buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor-quality performance or non-fulfillment of its obligations due to the irrelevance of the information about the Buyer or inconsistency with its reality.
11. DETAILS OF THE SELLER
IE Rusynovych Serafyma Serhiivna
Place of registration: 20701, Cherkasy region, Smila, Enthusiastiv lane, 15
Identification tax number 3268516886
in “PRIVATBANK”, MFO 305299.