FLP Anastasia Vladimirovna Kharlamova, represented by the online store zlitay.com (hereinafter the SELLER), publishes this agreement, which is a public offer agreement to both individuals and legal entities (hereinafter the BUYER) about the following:
1. Subject of the offer
1.1. The SELLER shall transfer ownership to the BUYER, and the BUYER shall pay and accept the goods ordered in the online store zlitay.com (hereinafter the GOODS).
2. The moment of conclusion of the contract
2.1. The text of this Agreement is a public offer (In accordance with Article 633 of the Civil Code of Ukraine).
2.2. The fact of filling out the ORDER of the GOODS at the SELLER, either independently or through the operator, is the unconditional acceptance of this Agreement, and the BUYER is considered as a person who entered into a contractual relationship with FLP Anastasia Vladimirovna Kharlamova.
2.3. Registration of the GOODS and calculation is carried out by the BUYER in the online store zlitay.com.
3. The price of the product
3.1. The prices in the online store are indicated in the currency of USD, EUR, UAH per unit of GOODS.
3.2. Tariffs for the provision of services for the delivery of GOODS are indicated in the online store depending on the chosen delivery method (for more details, paragraph 6).
3.3. The total ORDER amount, which in some cases may include paid delivery of the GOODS, is indicated in the « Basket » section in the « Total » line.
4. Product availability
4.1. In the absence of goods in the warehouse, the Company Manager is obliged to inform the BUYER (by phone or e-mail).
4.2. If there is no product, the BUYER has the right to replace it with another product, refuse this product, and cancel the order.
5. PRODUCT PAYMENT
5.1. The Buyer pays for the goods through the Online Order Form by choosing one of the payment methods:
• using Liqpay (Privat24) in currency (UAH)
• using PayPal
• Cash upon receipt of goods in Kiev, Ukraine
• Cash on delivery (« Новая Почта ») in Kiev, Ukraine
5.2. With cash payment, the BUYER must pay the SELLER the price of the GOODS at the time of its transfer, and the SELLER must provide the BUYER with a sales receipt or other document confirming payment of the GOODS.
5.3. In the non-cash form of payment, the BUYER’s obligation to pay the GOODS price is considered fulfilled from the time of writing off the funds in the amount of 100% (one hundred percent) of the prepayment from the BUYER’s current account with a bank or credit institution providing payment services to the population in accordance with the current legislation of Ukraine, including using electronic cash.
5.4. In the case of a non-cash form of payment, delay in payment by the BUYER of the price of the GOODS for a period of more than 5 (five) days is a material violation of this agreement. In this case, the SELLER has the right to unilaterally refuse to execute this contract by notifying the BUYER about this.
5.5. GOODS are delivered to the BUYER at prices, name, in the amount corresponding to the invoice paid by the BUYER.
6. Delivery of goods
6.1. BUYING THE GOODS TO THE BUYER is carried out at the address and within the time agreed by the BUYER and the SELLER’s manager when placing the ORDER. The EXTRA COST OF DELIVERY OF THE GOODS is determined by the SELLER when placing the order and cannot be changed after approval by the BUYER. The SELLER may offer the BUYER free shipping. In this case, the delivery cost will not be calculated when placing an order. The current rates and delivery offers can be found on the Frequently Asked Questions page.
6.1.1 International delivery. Delivery time is up to 30 working days, depending on the country of the recipient.
• Delivery to other countries is carried out by an international delivery service at the discretion of the SELLER.
6.1.2 Delivery on the territory of Ukraine. Delivery time 2-5 working days after ordering
• Local pickup (Kiev, Ukraine)
• To the department « Новая Почта » – private Ukrainian postal and courier company (only for residents of Ukraine). To be paid by the buyer when placing an order. Shipping cost is calculated automatically after the buyer’s choice, city and branch number. The BUYER pays the cost of the COD service.
6.2. Failure of the BUYER or failure to take other necessary actions to accept the GOODS may be considered by the SELLER as a refusal of the BUYER to execute the AGREEMENT.
6.3. The indicated DELIVERY TIMES, from the moment of sending the goods by the seller, are approximate.
6.3. The SELLER is not responsible for the delay in delivery of goods carried out by the carrier company.
7. Rights and obligations of the parties
7.1. The SELLER undertakes:
7.1.1 Before concluding the contract, provide the BUYER with information about the main consumer properties of the GOODS, about the address (location) of the SELLER, about the price and conditions of purchase of the goods, about their delivery, about the payment procedure for the goods, and also about the period during which the offer to conclude the Agreement is valid .
7.1.2. Not to disclose any private information of the BUYER and not to provide access to this information to third parties, with the exception of cases provided for by Ukrainian law.
7.1.3. Provide the BUYER with the opportunity to receive free telephone consultations by phone numbers indicated on the store website (zlitay.com). The scope of consultations is limited to specific issues related to the implementation of the ORDER.
7.1.4. The SELLER reserves the right to amend this AGREEMENT unilaterally until its conclusion.
7.2. BUYER agrees:
7.2.1. Prior to the conclusion of the AGREEMENT, familiarize yourself with the contents of the offer contract, the terms of payment and delivery on the store website (zlitay.com).
7.2.2. Provide reliable information about yourself (name, contact phone numbers, email address) and details for the delivery of the GOODS.
7.2.3. Accept and pay for the GOODS within the periods specified in this AGREEMENT.
8. Responsibility of the parties and dispute resolution
8.1. The parties are responsible for non-performance or improper performance of this AGREEMENT in the manner prescribed by this AGREEMENT and the current legislation of Ukraine.
8.2. The seller is not responsible for the delivery of the ORDER if the BUYER indicates the wrong delivery address.
8.3. The SELLER is not liable if the BUYER’s expectations about the consumer properties of the GOODS were not justified.
8.4. The SELLER is not responsible for the partial or complete failure to fulfill the obligations for the delivery of the GOODS, if they are a consequence of force majeure.
8.5. The BUYER, filling out the ORDER, is responsible for the accuracy of the information provided about himself, and also confirms that he has read and agrees with the terms of this AGREEMENT.
8.6. All disputes and disagreements arising in the performance by the PARTIES of their obligations under this Agreement shall be resolved through negotiations. If it is impossible to eliminate them, the PARTIES are entitled to apply for judicial protection of their interests.
9. Return and exchange of goods
9.1. The BUYER’s request for exchange or return of the GOODS shall be satisfied if the GOODS were not in use, their consumer properties were preserved, packaging was not damaged, documents confirming the purchase of this GOODS were stored in the online store zlitay.com.
9.2. The term of such a requirement is 14 (fourteen) days from the date of transfer of the GOODS to the BUYER, or at any time until the transfer of the GOODS to the BUYER.
9.3. The BUYER compensates the SELLER for the necessary transportation costs incurred in connection with the organization of the exchange or return of the GOODS
10. Force Majeure
10.1. The Parties are exempted from liability for non-performance or improper performance of obligations under the Agreement for the period of force majeure. Force majeure refers to extraordinary and insuperable circumstances under the given conditions that impede the performance of their obligations by the PARTIES under this Agreement. These include natural disasters (earthquakes, floods, etc.), circumstances of public life (military operations, emergency situations, major strikes, epidemics, etc.), prohibitive measures of state bodies (transportation prohibition, currency restrictions, international sanctions ban on trade, etc.). During this time, the PARTIES have no mutual claims, and each of the PARTIES assumes its own risk of the consequences of force majeure.
11. Contract time
11.1. This AGREEMENT comes into force from the moment of appeal to FLP Anastasia Vladimirovna Kharlamova, represented by the online store zlitay.com and execution of the ORDER, and ends upon the full performance of obligations by the PARTIES.
12.1. The SELLER collects and processes the personal data of the BUYERS (namely: the last name, first name, middle name of the BUYER; delivery address; contact phone number) in order to:
- fulfillment of the terms of this Agreement;
- delivery to the buyer of the ordered goods.
12.2. Carrying out the ORDER of GOODS in the online store zlitay.com, the BUYER agrees to the collection and processing of personal data about himself in order to deliver the ordered GOODS and fulfill the conditions of this AGREEMENT.
12.3. When collecting and processing personal data of BUYERS, the SELLER does not pursue other purposes than those established in clause 12.1 of this AGREEMENT.
12.4. Access to personal data of BUYERS is available only to persons directly related to the execution of ORDERS.