This Purchase and Sale Agreement (hereinafter – the Agreement) is a public contract concluded at a distance and at the same time a public offer – the Seller’s proposal to conclude a public contract for the sale of the Goods by means of remote communication, i.e. through the Seller’s online store located at : http://nakedextravaganza.ua by any interested person in accordance with the conditions stipulated in this Agreement.
1.1 The terms and concepts contained in the Agreement are used in the following sense:
Site – the website of the Seller’s online store, located on the Internet at the address: http://nakedextravaganza.ua including all its web pages.
The seller is an individual entrepreneur RYPYUK ЕВГЕНИЯ SERHIIVNA, entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations No. 2010350000000135033 dated 04/07/2022, registration number of the taxpayer’s registration card 3559309641, place of registration (residence): 600 21, Ukraine, Chernivtsi region, Chernivtsi district, Bochkivtsi village, Bohdan Khmylnytskogo street, building 23.
The Buyer is any legally capable natural person who has reached the age of eighteen, a legal entity, an individual entrepreneur who intends to place and/or places an order on the Site for the purpose of purchasing Goods.
Goods – the list of goods published on the Site, which, under the terms of this Agreement, are offered for sale at a distance, using means of remote communication through the Seller’s online store.
A public contract is a contract according to which the Seller undertakes to sell the Goods to anyone who applies to him under the conditions stipulated in this Contract.
Public offer – the Seller’s public offer addressed to an unspecified circle of persons regarding the conclusion of an electronic contract for the sale of Goods at a distance using the Seller’s online store on the terms specified by the Seller.
Acceptance – giving full and unconditional consent by the Buyer to the Seller to the offer to enter into a Public Contract on the terms stipulated by the Public Contract, by the Buyer taking the action stipulated by this Contract aimed at accepting the terms of the Public Offer.
Order – properly executed and placed using the Site or by sending to the Seller’s e-mail (e-mail) the Buyer’s request for the purchase of the Goods selected by him.
A significant defect is a defect that makes it impossible or inadmissible to use the Goods in accordance with its intended purpose, was caused by the fault of the manufacturer (seller), after its elimination appears again for reasons independent of the Buyer, and at the same time has at least one of the following characteristics:
a) it cannot be eliminated at all;
b) its elimination requires more than fourteen calendar days;
c) he makes the Goods significantly different from what is provided for in the Agreement.
Defect – any non-compliance of the Product with the requirements of regulatory acts and regulatory documents, the terms of this Agreement or the requirements to it, as well as information about the Product provided by the manufacturer (Seller).
1.2 This Agreement is a public Agreement in accordance with Article 633 of the Civil Code of Ukraine, the terms of which are set to be the same for all Buyers.
1.3 This Agreement is posted on the Site and is a public offer in accordance with Article 633 of the Civil Code of Ukraine.
1.4 This Agreement is an accession agreement, that is, such an agreement that can be concluded only by joining the Buyer to the proposed agreement as a whole. The buyer cannot offer his terms of the contract.
1.5 The Seller ensures that he has the Goods offered for sale. Information about the Product posted in the online store, including photos, may differ from the actual appearance of the Product. The description and characteristics of the Product specified on the website do not contain comprehensive information about the Product and may contain typos. The buyer can get complete information about the product he is interested in by contacting the seller. Information about means of communication with the Seller is posted on the Site.
1.6 The price of the Product and the cost of delivery are indicated on the Site in the relevant sections, and are additionally displayed when placing the Order and in the e-mail confirming the Order.
1.7 By concluding the Agreement, the Buyer confirms that he is fully and completely acquainted with and agrees with its terms, and also, in the case that the Buyer is a natural person, gives permission for the processing of his personal data for the purpose of the possibility of fulfilling the terms of this Agreement, the possibility of mutual settlements, and also to receive invoices, invoices and other documents. The permission to process personal data is valid for the entire term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been notified (without additional notification) of the rights established by the Law of Ukraine “On the Protection of Personal Data”, about the purposes of data collection. The extent of the Buyer’s rights as a subject of personal data in accordance with the Law of Ukraine “On the Protection of Personal Data” is known and understood by him.
1.8 This Agreement is considered to be concluded from the moment of placing the Order by the Buyer in accordance with Section 4 of this 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 under the terms of this Agreement.
2.2 Ownership of the Goods is transferred to the Buyer at the moment of acceptance of the Goods by the Buyer under the conditions established by this Agreement.
2.3 The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and there are no third party rights to them.
2.4 The Seller and the Buyer confirm that this Agreement is not a fictitious, pretended transaction, a transaction committed under the influence of violence or deception.
3.1 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 under the conditions specified in this Agreement.
4.1 The Buyer independently selects the Product on the website and adds the selected Product to the “Basket” by clicking the “Add to Cart” button.
4.2 After pressing the “Make an order” button, the Buyer fills out the Order form, indicating his name, surname, e-mail, telephone, delivery address, payment method, delivery method and other data necessary for the Seller to fulfill his obligations obligations under the Agreement.
4.3 By clicking the “Order” button, the Buyer agrees to all the terms of this Agreement, and also confirms that he has received comprehensive information about the Product, its main characteristics, price, delivery cost, delivery conditions.
4.4 The order is considered completed after taking the actions provided for in clauses 4.1. and 4.2. of this Agreement and clicking the “Order” button
5.1. The term of processing and confirmation of the Order by the Seller is up to 2 (two) working days from the moment of its registration. If the Seller needs additional time to process and confirm the Order, such a period will be agreed upon with the Buyer additionally.
5.2. The Seller confirms the Order by sending to the e-mail (e-mail) specified by the Buyer when placing the Order, an e-mail (electronic message) indicating the main characteristics of the Product, the serial number of the Order for the Product assigned by the Seller, the price of the Product, its quantity, the cost of delivery, information about the delivery time of the Goods ordered by the Buyer (if the Buyer ordered the Goods with delivery), as well as indicating the link to this Agreement.
5.3. In case of impossibility of fulfilling the confirmed Order due to the absence of the ordered Goods, the Seller immediately informs the Buyer about this, but no later than 30 (thirty) days from the moment of placing the Order.
6.1. Registration on the Site is carried out in the “My Account” section.
6.2. Registration on the Site is not mandatory for placing an Order.
6.3. When registering on the Site, the Buyer undertakes to provide reliable and accurate information about himself and his contact data, in order for the Seller to fulfill his obligations to the Buyer and deliver the Goods to him.
6.4. The Buyer undertakes not to disclose to third parties the login and password specified by the Buyer during registration.
6.5. The buyer bears full responsibility for the preservation and security of the login and password specified by him when registering on the Site.
6.6. The Buyer is solely responsible for all actions performed on his behalf, i.e. using his login and password.
7.1. The price of the Product is indicated on the Site for each unit of the Product separately and includes taxes.
7.2. All prices for the Product are indicated in the national currency of Ukraine – hryvnias. Prices for the Goods may additionally be indicated in US dollars or other foreign currency, but all calculations for the Goods are made in hryvnias. Depending on the fluctuations of the exchange rate established by the National Bank of Ukraine, the money actually debited from the Buyer’s account in foreign currency may differ from the price of the Goods in foreign currency indicated on the Site. All expenses related to the commission and other fees that will be charged by the bank for the conversion of foreign currency shall be borne by the Buyer.
7.3. If the Goods are sold abroad, the settlement can be made in US dollars and euros to the Seller’s currency account.
7.4. Payment for the Goods is made in one of the following ways:
Cash upon receipt of the Goods.
In a non-cash way using bank cards in accordance with the rules of the relevant payment system.
7.5. The method of payment for the price of the Goods is determined by the Buyer independently and indicated when placing the Order for the Goods.
7.6. Payment for the Goods using a bank card is made immediately after the Buyer has selected the Goods.
7.7. If the Buyer wishes to pay for the Goods in cash, the payment for the Goods shall be made at the time of receipt of the Goods by the Buyer.
8.1. Delivery of the Goods is carried out on the territory of Ukraine or abroad by the Seller independently or with the help of third parties (delivery service, transport company, etc. at the Seller’s choice).
8.2. In the event that the Goods selected by the buyer are available in the Seller’s warehouse, the delivery is carried out within 30 (thirty) calendar days from the date of placing the Order in accordance with Section 4 of this Agreement.
8.3. Regardless of the chosen method of delivery of the Goods, the Seller’s obligations regarding the delivery of the Goods are considered to be fulfilled in full from the moment of handing over the Goods to the transport company or the courier who makes the delivery.
8.4. In the event that the delivery of the Goods is carried out by the Seller, the Goods are delivered to the entrance of the house or to the gate of the Buyer’s house.
8.5. In the event that the delivery of the Goods is carried out by the transport company, the delivery of the Goods is carried out in accordance with the conditions of delivery of the transport company.
8.6. The Goods are handed over to the Buyer upon presentation of a document certifying the person receiving the Goods.
8.7. The costs of delivery of the Goods are paid by the Buyer.
8.8. The cost of delivery is set according to the tariffs of the delivery service or the transport company that makes the delivery.
8.9. The Buyer can get acquainted with the cost of delivery within Ukraine (tariffs) directly from the delivery service or the transport company that will make the delivery.
8.10. The cost of delivery outside of Ukraine is determined automatically when placing the Order after specifying the method of delivery and the place of delivery, and is additionally indicated in the email confirming the Order.
8.11. In the case of placing an Order with delivery outside of Ukraine, the Buyer shall pay taxes, duties and other fees related to such delivery on his own
9.1. If the Buyer ordered the Goods without delivery, he can independently receive the Goods ordered by him at the Seller’s address specified on the Site.
9.2. 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. If the payment for the Goods is made in cash, the Goods are transferred to the Buyer after full payment of its value.
9.3. When accepting the Goods, the Buyer is obliged to check the external integrity of the packaging, after which to open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and the completeness of its completeness.
9.4. In the absence of comments on the quality and completeness of the Goods, the Buyer is obliged to accept the Goods.
9.5. Together with the Goods, the Seller is obliged to issue to the Buyer a settlement document certifying the fact of purchase, with a mark on the date of sale and instructions for the care of the Goods.
9.6. In the event that the Buyer discovers defects or significant defects in the Goods during the acceptance of the Goods, the Buyer has the right to refuse to accept the Goods and terminate this Agreement, or to refuse to accept the Goods and demand replacement of the Goods with the same or similar goods from among those available at the Seller.
10.1. The buyer has the right to return or exchange the received Good of appropriate quality for a similar one within 14 (fourteen) calendar days from the day of receipt of the Good, excluding the day of purchase, subject to compliance with all the following conditions in aggregate:
10.1.1. The product has not been used, its appearance, consumer properties, seals, labels, as well as the settlement document issued to the Buyer together with the sold Product have been preserved.
10.1.2. The product is not included in the list of products specified in Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine of March 19, 1994 No. 172 “On the Implementation of Certain Provisions of the Law of Ukraine “On the Protection of Consumer Rights” as non-exchangeable and/or returnable ( for example, underwear, hosiery and others).
10.2. The buyer is not entitled to return or exchange underwear and hosiery of the appropriate quality under any circumstances.
10.3. If, at the time of the exchange, a similar Product is not available for sale, the Buyer has the right to either purchase any other Products from the available assortment with a corresponding recalculation of the price, or terminate the Agreement and receive money back in the amount of the value of the returned Product, or exchange the Product for a similar product at the first opportunity receipt of the relevant Product for sale.
10.4. In case of discovery during the established warranty period of significant defects that arose due to the fault of the manufacturer of the Goods (Seller) or falsification of the Goods, which is confirmed by the conclusion of the examination, the Buyer has the right of his own choice either to terminate the Agreement with the return of the amount paid for the Goods, or to demand the replacement of the Goods for the same Product or for a similar Product, from among those available at the Seller.
10.5. The Buyer or the Seller has the right to terminate this Agreement at any time before the acceptance of the Goods by the Buyer.
10.6. The Buyer has the right to terminate this Agreement within 14 (fourteen) calendar days from the day of receipt of the Goods, excluding the day of purchase, subject to simultaneous compliance with all conditions stipulated in clauses 10.1.1. and 10.1.2. of this Agreement.
10.7. If the Goods were sent to the Buyer by mail, then in case of termination of the Agreement, such Goods must also be returned by mail.
10.8. The Seller undertakes to reimburse the Buyer’s expenses in connection with the return of the Goods.
10.9. In case of termination of the Agreement and return of the Goods, which have already been paid for by the Buyer in a non-cash way, the funds paid by him are returned by the Seller within 7 (seven) days from the moment of the return of the Goods.
10.10. If the Buyer refused to accept the Goods, which he had already paid for in a non-cash way and decided to terminate the Agreement, the funds paid by him will be returned by the Seller within 7 (seven) days from the moment of termination of the Agreement.
11.1 The Seller guarantees that the Goods comply with the state standards and/or technical conditions of Ukraine, which establish requirements for this type of Goods.
11.2 The Seller is not responsible for the defects of the Goods, if they arose after its transfer to the Buyer as a result of the Buyer’s violation of the rules of use (instructions for the care of the Goods) or storage of the Goods, actions of third parties or force majeure.
11.3 The Seller establishes a warranty period of 90 days for the Goods. The warranty period starts from the day after the acceptance of the Goods by the Buyer.
11.4 If defects in the Goods are discovered during the established warranty period, the Buyer has the right to demand:
11.4.1 A proportional price reduction.
11.4.2 Free of charge elimination of defects in the Goods within a reasonable time.
11.4.3 Reimbursement of costs for the elimination of defects in the Goods.
11.5 When warranty repairs are performed, the warranty period is extended by the time the Product is being repaired.
12.1. This Gift Certificate Policy (“Policy”) regulates the use and redemption of gift certificates (“Gift Certificates”) purchased on zhilyova.ua (“Website”). By purchasing or using a Gift Certificate, you agree to be bound by the terms and conditions set forth in this Policy.
12.2. Gift certificates can only be used for one transaction and cannot be split into multiple transactions or broken down into smaller amounts. The entire value of the Gift Certificate must be used for one purchase.
12.3. If a purchase is made using a Gift Certificate and the purchase amount is less than the value of the Gift Certificate, any remaining balance on the Gift Certificate will be voided. No refunds, credits or cash-outs will be made for any unused portion of the Gift Certificate.
12.4. Gift certificates are valid for the period specified at the time of purchase or in accordance with applicable law. Once expired, Gift Certificates cannot be used and are not subject to refunds or exchanges. Gift Certificates are non-refundable and cannot be exchanged for cash or credit, in whole or in part. 12.5 The Company reserves the right to change or modify this Policy at any time without prior notice. Any changes shall be effective immediately upon posting on the Website. It is your responsibility to periodically review this Policy for updates. 12.6 By purchasing, accepting or using a Gift Certificate, you agree to be bound by the terms and conditions set out in this Policy, which may be amended from time to time. If you do not agree with any part of this Policy, you must not purchase, accept or use a Gift Certificate on our Website.
13.1. The validity period of this Public Offer is set from 07.01.2019.
13.2. Withdrawal of this Public Offer can be made by the Seller at any time, which is not a reason to terminate already concluded Contracts.
13.3. The Seller has the right to unilaterally make changes to this Agreement and simultaneously post it on the Site. The changes made to this Agreement do not apply to the Agreements concluded before the posting of such changes on the Site.
14.1. In the event of force majeure or acts of force majeure (fires, floods, natural disasters, military operations, etc.), the parties are released from the performance of this contract and any liability under this contract.
14.2. The parties are obliged to make maximum efforts to eliminate any differences, if any. Differences between the parties are resolved exclusively through negotiations. Otherwise, the contract may be declared invalid or terminated.
14.3. The seller is not responsible; cannot act as a defendant in court; does not compensate for losses incurred by the Buyer due to the actions or inaction of third parties, including the specialized organisation that delivers the goods.
15.1. This agreement enters into force from the date of its publication on the website.
15.2. Withdrawal of this Public Offer can be made by the Seller at any time, which is not a reason to terminate already concluded Contracts.
15.3. The Seller has the right to unilaterally make changes to this Agreement and simultaneously post it on the Site. The changes made to this Agreement do not apply to the Agreements concluded before the posting of such changes on the Site.
