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Public offer

This Public Offer (hereinafter referred to as the "Offer") establishes the general rules of use of the Website and determines the terms of the public Purchase Agreement and the procedure for its conclusion.

1. TERMS AND DEFINITIONS

Seller - KRISTEMELA Limited Liability Company, USREOU code 38906728, located at: 04053, Kyiv, Sichovykh Striltsiv Street 49, office 404 and sells the Goods presented on the Website through distance trading.

A visitor is a person who visits the Website.

User - a person, a visitor of the Website, who accepts this Offer and who wishes to place an Order on this website. By placing an Order, the User agrees that he is an able-bodied citizen and has reached 18 years of age.

Buyer - a user who has confirmed the Order on the Website for the purchase of the Goods specified on the Website.

Registration on the Website is the process of creating a User's own account by filling out special forms on the Website.

Website - a site owned by the Seller and posted on the Internet at: fashion-group.com.ua

Order - a duly executed and confirmed request of the Buyer for the purchase of Goods selected on the Website and available from the Seller, as well as for their delivery to the address specified by the Buyer on the terms set forth in this Offer.

Goods - underwear, clothing, footwear, accessories and all other goods from the range presented on the Website for sale.

Distance Purchase Agreement (hereinafter - the 'Agreement') - a public purchase agreement, the terms of which are set out in this Offer, concluded at a distance by means of remote communication (Internet) and provides conditions for the sale of goods to an indefinite number of Buyers.

Placing an order - filling in and confirming the Order form by the User by indicating his / her identification data.

Order confirmation - the Buyer's actions that indicate acceptance of all conditions and information about the order set out in the Prior Notice.

Preliminary notice - an electronic message containing information about the order placed by the Buyer and the conditions of its execution in accordance with Part 2 of Art. 13 of the Law of Ukraine 'On Consumer Protection'.

User's record is a set of information about the User in accordance with the offered by the Seller to fill in the fields on the Website, which allows you to uniquely identify the User in the process of using the Website. The account is independently created by the User by providing information about himself in accordance with the proposed fields. To access your Account, the User uses the e-mail address and password provided by him during registration.

2. GENERAL PROVISIONS

2.1. The Seller trades in the Goods through the Website at: fashion-group.com.ua

2.2. By ordering Goods through the Website, the User / Buyer agrees with the Offer, rules and policies set out on the Website. In case of disagreement with the terms of use of the site set forth in this Offer, the User may continue to use the Website only as a Visitor to the Website.

2.3. The Seller has the right to make changes to the Offer at its discretion before placing an Order by the Buyer. Changes to the Offer take effect after their publication on the Website and apply to any Order made after such publication.

2.4. The fact of registration of the Visitor on the Website is an unquestionable acceptance by the Buyer of the rules set forth in this Offer and indicates that he has given his consent to the processing of personal data.

2.5. By registering on the Website, the User / Buyer agrees to receive updated information, newsletters with the latest news, new arrivals, special offers and sales announcements via e-mails and / or Viber / Telegram-messages.

2.6. The Buyer warrants and is responsible for the completeness and accuracy of the information provided by him on the Website. Execution of the Order using the information provided by the User in the Account is considered proper execution.

2.7. The visitor (user, buyer) agrees:

  • not copy, reproduce, create, republish, download, print, publish, republish, broadcast, record, transmit or in any way distribute web pages or materials on the Website or computer codes or elements containing Website, except for personal use only, without the prior written consent of the Seller;
  • not to modify or distribute any changes to the content of the Website, including, but not limited to, the removal of the Seller's logos and trademarks;
  • do not harm, compromise or affect the security of any part of the Website, its content or any related network or software

2.8. Seller reserves the right to block access to the Website to any Visitor and close the Account of any registered User who violates clause 2.7 of this Offer.

3. REGISTRATION ON THE WEBSITE

3.1. Registered Users (Buyers) can place an Order on the Website, and the Buyer has the right to register on the site only 1 (once), ie can have only one User Account, also if you place an order as a guest of the site, the account is created. automatically when the purchase is completed.

3.2. The User undertakes not to disclose to third parties the login and password specified by the User during registration. In case the User suspects the security of his login and password or the possibility of their unauthorized use by third parties, the User undertakes to immediately notify the Seller by sending an email to: support@fashion-group.com.ua

The user is solely responsible for all possible negative consequences in case of transfer of the login and password to third parties.

4. CONCLUSION OF A PURCHASE-SALE AGREEMENT AT A DISTANCE

4.1. Under the Distance Purchase Agreement, the terms of which are fully covered in this Offer, the Seller undertakes to transfer to the Buyer the goods specified in the Buyer's Order made on the Website, and the Buyer undertakes to pay for and accept the goods under the conditions provided this Offer.

4.2. The Buyer independently and at his own discretion chooses the Available and offered for sale on the Seller's Website, performs actions that indicate the intention to place an order, namely:

  • clicks the 'Add to cart' button, fills in and confirms the order form by specifying your identification data, including the desired delivery address (Order placement);
  • confirms the order by clicking 'Complete order execution' after receiving the previous order notification (Order confirmation).

4.3. Before confirming the order, the Buyer must carefully read the characteristics of the product set out on the site, with prior notice of the order, and with all the terms of this offer.

4.4. The Agreement is considered concluded, and the Seller's offer to conclude it is fully accepted (accepted) by the Buyer from the moment the Buyer confirms the order.

4.5. By clicking the appropriate button to confirm the order, the Buyer confirms his full and complete agreement with all the terms of this Offer without exception, including the terms of delivery and payment for goods at prices specified on the Seller's Website on the date of the Buyer

4.6. Confirming the order, the Buyer agrees and declares that he is duly in accordance with the requirements of Part 2 of Article 13 of the Law of Ukraine 'On Consumer Protection' notified by the Seller of:

  • name and location of the Seller;
  • the procedure for accepting the claim;
  • main characteristics and properties of the selected Product;
  • the cost of the Goods and the cost of its delivery, terms of payment;
  • warranty period and service life of the selected Goods, conditions of its operation;
  • the procedure for terminating the Agreement;
  • period of acceptance of proposals (offers).

4.7. The accompanying goods photos are simple illustrations to it and may differ from the actual appearance of the goods. The accompanying description / characteristics of the Goods provide basic but not exhaustive information about the Goods. The consumer can read the description of the Product on the site, and to clarify the information can also contact the contact center and / or send an email to: support@fashion-group.com.ua

4.8. In the absence of the Goods selected by the Buyer, the Seller has the latter the right to exclude the specified Goods from the Order / cancel the Buyer's Order by notifying the Buyer by sending an e-mail to the address specified by the Buyer at registration (or call the contact center operator).

4.9. In case of cancellation of the prepaid Order in full or in part, the value of the canceled Order (its canceled part) is returned by the Seller to the Buyer in the manner in which the Goods were paid.

5. GOODS, PRICE AND PAYMENT

5.1. The price of the Goods is indicated on the Website including VAT and does not include the cost of delivery. The price of the Goods is paid in the national currency of Ukraine - hryvnia.

5.2. The total amount of the Order is the cost of the Goods and the cost of delivery.

5.3. The final list of the Goods, the unit price of the goods, the total amount and the cost of Delivery are specified in the Preliminary order notice.

5.4. The list of the Goods of the confirmed Order, and also the general price of the Order cannot be changed after confirmation of the Order by the Seller, except for the cases provided by item 4.8. of this Offer and / or current legislation of Ukraine.

5.5. The Seller has the right to unilaterally change the price of the Goods specified on the Website without any notice until the order is confirmed from the Buyer.

5.6. The Buyer pays for the Order by debit / credit bank card. Payment is made by entering the bank card details when placing the Order. The buyer confirms that the credit or debit card used for payment belongs to him. All required fields must be completed.

The corresponding amount will be deducted from the Buyer's card if the transaction was successful. The seller is not responsible for the non-performance of the transaction by the bank, in particular, due to the need to conduct an inspection of the transaction and / or the need to comply with any other legal requirements.

The buyer bears all fees and any other amounts associated with the payment in this way.

6. DELIVERY

6.1. The total Delivery Time of the Goods is notified to the Buyer by Prior Notice of the Order and may not exceed 30 (thirty) days.

6.2. The seller may not violate the delivery times specified in the Prior Notice, except for delays due to circumstances beyond his control (force majeure). The Seller informs the Buyer in case of force majeure and agrees on new delivery times by e-mail or telephone.

6.3. Delivery of the Goods is carried out by the delivery service.

6.4. Delivery can be made to the address of the Buyer (address delivery) or to the branch of the delivery service. The buyer chooses the delivery option at the stage of placing an order.

6.5. Upon delivery, the Goods are delivered to the Buyer or a third party specified in the Order as the recipient (hereinafter the Buyer and the third party are called 'Recipient'). The delivery service / courier may ask to provide documents proving the identity of the Recipient and refuse to issue the Goods due to non-submission of documents and / or non-confirmation of the Recipient's identity.

6.6. The right of ownership, the risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment of transfer to him (the Recipient) of the Goods and signing by the Buyer (Recipient) of the document confirming delivery.

6.7. The Seller's obligation to deliver the goods to the Buyer is considered fulfilled at the time of delivery of the Goods to the Recipient.

6.8. Upon acceptance of the Goods, the Recipient is obliged to inspect the delivered Goods and check it for compliance with the declared quantity, range and completeness of the Goods, as well as to check the integrity of the packaging. In the absence of claims to the delivered Goods, the Recipient shall sign the relevant documents. The signature in the delivery documents indicates that the Recipient has no claims against the Goods, and the Seller has fully and properly fulfilled its obligation to transfer the Goods.

7. RETURN / EXCHANGE OF GOODS OF IMPROPER QUALITY

7.1. Goods of improper quality means Goods that do not meet the mandatory requirements provided by law or the terms of the contract (description on the Website). The difference between the elements of design or decoration, as stated in the description on the Website, is not a sign of the Product of improper quality.

 

7.2. After receiving the Order and signing the accompanying documents in accordance with paragraph 6.8. of this Offer claims to external defects of the Goods, its quantity, completeness and appearance are not accepted.

7.3. In case of detection of defects within the established warranty period, the Buyer, in the manner and within the time limits established by law, has the right to demand:

  • termination of the contract and refund of the amount paid for the goods;
  • require replacement of the goods with the same goods or similar, from among the goods available to the seller;

7.4. If during the established warranty period significant defects, confirmed if necessary by the conclusion of the examination, the Buyer, in the manner and within the time limits established by law, has the right to choose from the Seller or the manufacturer:

  • termination of the contract and refund of the amount paid for the goods;
  • require replacement of the goods with the same goods or similar, from among the goods available to the seller.

7.5. The warranty period for the Goods is set by the manufacturer and is indicated on the label or label. The seller ensures the proper use of the goods during the warranty period.

7.6. Buyer's requirements specified in p. 7.3. - 7.4. of this Offer are presented to the Seller to his e-mail address or telephone number.

7.7. The Buyer’s claims are considered after the Buyer submits the settlement document, in particular, by sending a copy to the Seller’s email address.

7.8. Refunds are made in the manner prescribed by paragraph 8.8. of this Offer.

8. RETURN / EXCHANGE OF GOODS OF PROPER QUALITY

8.1. The Buyer has the right within 14 days to exchange the Goods of proper quality for the same from the Seller, if the Goods are not satisfied with its shape, dimensions, style, color, size or for other reasons can not be used for its intended purpose.

8.2. The exchange of the Goods of proper quality is carried out if it has not been used and if its product appearance, consumer properties, external and internal labels, as well as the settlement document issued to the Buyer together with the sold Goods are preserved. If the returned Goods do not meet the specified requirements, the Seller reserves the right not to accept the return and send the Goods back to the Buyer. In this case, the Seller has no obligation to return the value of the Goods.

8.3. Non-food products of proper quality, the list of which is approved by the Resolution of the Cabinet of Ministers of Ukraine №172 of March 19, 1994, are not subject to exchange / return.

  • corset goods
  • children's soft toys
  • underwear
  • hosiery

8.4. To process the return of the Goods (termination of the Agreement) the Buyer:

  • fills in the Return Application according to the form posted on the Seller's Website;
  • The buyer must fill in all required fields of the Return Application. The Buyer shall attach to the application a copy of the settlement document confirming the purchase of the Goods.

8.5. The Seller is not responsible for the impossibility of returning the Goods of proper quality and its value in case the Buyer does not enter the necessary data in the Application for return and / or failure to present the original payment document.

8.6. The Buyer shall send the Goods and duly executed documents for return by post or courier service to the following address of the Seller: Nova Poshta branch 128, Kyiv

8.7. Terms of return of the Goods of proper quality:

  • availability of a settlement document;
  • completed Application for return;
  • The returned product must have a commercial appearance (availability of labels, tags, etc.);
  • The product must not show signs of wear or operation.

8.8. Subject to confirmation of all conditions specified in paragraph 8.7. of this Offer, the Seller refunds the value of the Goods by transferring the value of the Goods to the buyer's bank card from which the order was paid.

8.9. In case of non-compliance with the conditions specified in paragraph 8.7. of this Offer, the Goods are returned to the Buyer at his address specified in the Return Application.

10. RESPONSIBILITY

10.1. The seller is released from liability for violation of the Terms, if such violation is caused by force majeure (force majeure), including: actions of public authorities, fire, flood, earthquake, other natural acts, lack of electricity, strikes, civil unrest, riots, any - any other circumstances, not limited to the above, which may affect the performance of the Seller's obligations under the Agreement.

10.2. Under no circumstances is the seller responsible for:

  • any actions and / or omissions that are a direct or indirect result of the actions / omissions of any third parties;
  • any indirect losses and / or lost profits of the Buyer and / or third parties, regardless of whether the Seller could have foreseen the possibility of such losses or not;
  • use (impossibility of use) and whatever the consequences of use (impossibility of use) by the Buyer of the chosen form of payment for the Goods.

10.4. The Seller is not responsible for the inability to service the Buyer for any reasons beyond its control, including disruption of communication lines, lack of electricity and / or computer network failures, equipment failure, failure to fulfill the obligations of providers of certain services. and under other conditions, due to circumstances for which the Seller is not responsible.

11. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

11.1. Personal data is provided by the Buyer and is processed and protected by the Seller in accordance with the conditions set out in the Regulations on the processing and protection of personal data and the transfer of information.

11.2. The Buyer agrees to the processing of his personal data by following the procedures set out in the Regulations on the processing and protection of personal data and the transfer of information.

12. ADDITIONAL PROVISIONS

12.1. The Seller has the right to assign or in any other way transfer its rights and obligations arising from its relationship with the Buyer to third parties.

12.2. The Website and the services provided on the Website may be temporarily partially or completely unavailable due to maintenance or other work or for any other technical reasons. The Technical Service of the Seller has the right to periodically carry out the necessary preventive or other work with or without prior notice to Buyers.

12.3. In case of questions and complaints from the User / Buyer, he can contact the Seller by phone +38 067 473 53 30, e-mail support@fashion-group.com.ua or other accessible and convenient for him.

12.4. The intellectual property rights in all software and materials provided on or through the Website belong to Kristamela LLC and are protected by copyright law and international treaties. Storage, printing and display of the provided content are possible only for personal use. No one other than Kristamel LLC has the right to publish, modify, distribute or otherwise reproduce in any format any material copies thereof that have been provided or posted on the Website, and has no right to use such materials for any commercial or business purposes.

12.5. If any provision of this Offer cannot be fulfilled in accordance with the current legislation of Ukraine, such provision shall be declared invalid only insofar as it is impossible to fulfill it, while other provisions of the Offer shall remain valid.