Public contract (offer)

  1. This Agreement is public, i.e., according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur). Upon full agreement with the terms of this Agreement, the Buyer accepts the terms and conditions of placing an Order, payment for the Goods, and delivery of the Goods.
  2. This Agreement is an agreement between FOP Matveev O.V. ("irenfashion.com" online store), hereinafter referred to as the "Seller", and any legal entity, individual entrepreneur or individual user of the services of the Seller's online store, hereinafter referred to as the "Buyer" (hereinafter collectively referred to as the "Parties", and each separately as a "Party"), according to which the Seller, by means of a Public Offer, offers the Buyer to sell the Goods and provide related services remotely through the relevant Seller's Website.
  3. The terms of this Agreement regulate the relationship between the Seller and the Buyer and are determined by the Law of Ukraine "On the Protection of Consumer Rights" dated May 12, 1991 No. 1023-XII, the Law of Ukraine "On Electronic Commerce" dated September 3, 2015 No. 675-VIII as amended on March 23. 2017, by the Rules of retail trade in food products, approved by the order of the Ministry of Economy and European Integration of Ukraine dated July 11, 2003 No. 185 (registered at the Ministry of Justice of Ukraine on July 23, 2003 under No. 628/7949), as amended on June 25, 2022 current legislation of Ukraine.
  4. This agreement has the character of a Public Offer, is the equivalent of an "oral agreement" and, in accordance with the current legislation of Ukraine, has due legal force.

TERMINOLOGY:

  1. Acceptance - confirmation by the Buyer of the agreement presented on the Seller's Website, which contains an up-to-date list of Goods and their value.
  2. Website - the Seller's website, located on the Internet at the URL address: IrenFashion.com
  3. Order - an electronic application form duly completed by the Buyer for the purchase of individual items from the assortment list, the total cost of all the Goods selected by the Buyer, the Goods selected by the Buyer for purchase and delivery, as well as information about the Buyer (data that make it possible to identify the Buyer, address delivery, other contact details and notes).
  4. Courier delivery is the service of delivery of Goods from the Seller to the Buyer within the specified time.
  5. A call center operator is a representative of the Seller who accepts the Order.
  6. The Buyer is a natural or legal person who has entered into contractual relations with the Seller on the terms specified in the Agreement. The seller is the company that sells the goods presented on the website. Public offer – a public offer of the Seller, addressed to any individual and/or legal entity with the aim of concluding a sales contract under certain conditions specified in the Contract.
  7. The product is women's clothing and accessories offered for sale in accordance with the assortment and prices indicated on the Website, sold to the Buyer with delivery.
  8. Third parties are persons who are directly involved in the execution and execution of the Order.


SUBSTANTIVE PROVISIONS.

  1. This Agreement contains the Seller's Public Offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine), as well as all the essential conditions for organizing the sale of Goods remotely through the relevant Website.
  2. In accordance with Article 642 of the Civil Code of Ukraine, full and unquestionable acceptance of the terms of this public Agreement is the fact of clicking on the Website links "Make an order", "Place an order" or "Buy in 1 click" and pay for the Order in the amount of 100% under the terms of this Agreement . This Agreement is concluded by providing full and unconditional consent of the Buyer to conclude the Agreement in its entirety, without signing a written copy of the Agreement by the Parties.
  3. The public offer is also accepted during the registration of the Buyer on the Website.
  4. This Agreement enters into force from the moment the Order is placed. Thus, the Buyer agrees to purchase the existing Seller's Goods and acts until the Buyer receives the Goods from the Seller and complete settlement with him. The Seller's obligations under the Agreement are considered fulfilled from the moment the Seller issues the Goods to the Buyer.
  5. By concluding the Agreement, the Buyer confirms that he is fully and completely acquainted with and agrees to its terms, and also, if 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, as well as for receipt of invoices, acts and other documents. The permission to process personal data is valid for the entire term of the Agreement. In addition, by entering into this Agreement, the Buyer confirms that he has been notified (without additional notice) 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.


SCOPE OF THE CONTRACT.

  1. This Agreement governs the purchase and sale on the Website, including: Voluntary selection of Goods by the Buyer on the Website; Self-registration of the Order by the Buyer on the Website; Payment by the Buyer of the Order placed on the Website; Transfer of ownership to the Buyer of the Goods, the list of which is specified in the Buyer's Order confirmed by the Seller.

RIGHTS AND DUTIES.

  1. In accordance with the terms of this Agreement, the Seller undertakes to deliver the Goods that correspond to the Buyer's Order within the stated period, and the Buyer undertakes to accept the Goods and pay a certain amount of money for them. The buyer is obliged to:
  • Before placing the Order, familiarize yourself with the content of this Agreement, as well as the terms of payment and delivery on the Website;
  • get acquainted with information about the Product posted on the Website; Place an order on the website on your own;
  • Timely pay and receive the Order under the terms of this Agreement; When receiving the Goods in Courier delivery, make sure of its integrity and compliance with the Order by inspecting the contents of the packaging and the Goods. In case of damage and/or non-conformity of the Goods, record them in the act, which must be signed by the Courier Delivery employee together with the Buyer.
The buyer has the right to:
  1. Require the Seller to provide services in accordance with the terms of this Agreement.

      The seller is obliged to:

      1. Comply with the terms of this Agreement;
      2. Deliver the Goods to the Buyer in accordance with the sample posted on the Website and chosen by him, drawn up by the relevant Order in accordance with the terms of this Agreement; Not to disclose any private information of the Buyer and not to provide access to this information to other persons, except for the cases provided for by the current legislation of Ukraine;
      3. Provide advice on using the Website and placing an Order. The Seller has the right: The Seller reserves the right to unilaterally stop the provision of services under this Agreement if the Buyer violates the terms of this Agreement; The Seller reserves the right to change this Agreement unilaterally before the moment of its conclusion;
      4. Unilaterally and at its discretion make changes to the information posted on the Website; To involve third parties in fulfilling their obligations to the Buyer; To change the delivery term of the Goods ordered by the Buyer, having previously notified the Buyer of such changes. Not to be responsible for improper use of the Goods ordered by the Buyer.


      ORDER PROCEDURE.

      1. The Buyer places the Order independently on the Website by adding the Product to the "Basket" tab and fills in the data in the appropriate Order form, indicates the form of payment and selects the option "PLACE ORDER" or verbally by phone at the phone numbers specified on the Website, in advance having familiarized yourself with the Rules for placing an Order.
      2. .The buyer can receive the goods with the help of delivery or pick up the goods himself. The Order is considered completed and accepted for execution if: the Buyer has completed the actions related to placing the Order on the Website, clicked the "Send" button, the call center operator contacted the Buyer by phone to confirm the Order and informed the Buyer that the Order was accepted The Buyer placed the Order for the Goods over the phone through the call center and its Operator confirmed to the Buyer the information that the Order was accepted for execution. In the event that the Call Center Operator does not confirm to the Buyer that the Order has been accepted for work, or the Buyer refuses to complete the Order, such Order shall be considered unexecuted and shall not be executed.

      SALE OF GOODS AND PAYMENT FOR GOODS.

      1. The full price of the Product is indicated on the Seller's Website. The Seller can provide the Buyer with information related to the Product, registration and execution of the Order. The amount of the Order consists of the total cost of the Goods ordered by the Buyer. The price of the Product indicated on the Website may be changed by the Seller unilaterally. At the same time, the price of the Goods ordered by the Buyer is not subject to change.
      2. Payment for the Goods is made by the Buyer in cash or by transferring funds to the Seller's current account - upon receipt of the Order or by prepayment in an amount corresponding to the price of the Order.
      3. Prepayment of the Order in full is carried out if the total amount of the Order exceeds UAH 1,000.00. (one thousand UAH. 00 kopecks).
      4. The seller has the right to provide discounts on the Product and establish a bonus program. The types of discounts, bonuses, the order and terms of their accrual are indicated on the Website and may be changed by the Seller unilaterally.
      5. The seller is not responsible for the reliability of the information about the Product (the manufacturer of which he himself is not), and the information about this Product is provided by its manufacturer.
      6. The Seller ensures the availability of the Product specified on the Website, but in the absence of the Product, the Seller may exclude it from the Order by notifying the Buyer in advance. In the case of the introduction of taxes and fees that are not included in the cost of the Goods (works, services) and are payable by the Buyer, the amounts of such taxes and fees will be included in a separate line to the Order and shall be paid by the Buyer together with the cost of the ordered Goods.

      ORDER EXECUTION.

      1. Independent pick-up (export) of the Goods is carried out by the Buyer from the place of issue of the Order specified by the Buyer during its registration.
      2. Delivery of the Order via Courier delivery is carried out upon agreement with the Buyer and at the address specified by him when placing the Order.
      3. The Seller's working hours and delivery time are indicated on the Website. The delivery term can be changed by the Seller unilaterally. Circumstances caused by the human factor or force majeure may lead to the impossibility of fulfilling the Order or its untimely fulfillment.
      4. Ownership of the Goods, as well as the risk of its accidental damage or loss, pass to the Buyer from the moment of handing over the Goods. Payment of the Goods by the Buyer indicates that there are no claims to the Goods, and the Seller has duly fulfilled his obligation to transfer the Goods. Delivery areas around the city are limited, detailed information about the delivery area is indicated on the Website in the "Payment and Delivery" section.

      ORDER DELIVERY.

      1. The buyer has the right to receive the goods he ordered by means of an independent fence (removal) or to use the services of courier delivery.
      2. The goods are delivered to the Buyer after receipt of 100% of the invoiced payment from the Buyer. Payment of the cost of delivery is made in accordance with the conditions specified on the Website.
      3. When ordering large batches of Goods, delivery terms are agreed separately in each specific case.

      RETURN OF GOODS

      1. Of proper quality. The Buyer has the right to exchange the Goods of the appropriate quality for a similar one from the Seller, if the Goods did not satisfy him in terms of quality under the following conditions: The Goods for exchange were provided to the Seller on the day of purchase within no more than 1 (one) hour from the moment of delivery or self-pickup (removal);
      2. The product can be replaced only if it is returned; The goods can be replaced upon presentation by the Buyer of the settlement document issued to the Buyer together with the sold Goods. Requirements of clause 8.1. Contracts do not apply to Goods which, in accordance with Appendix No. 3 to Resolution No. 172 of the Cabinet of Ministers of Ukraine dated March 19, 1994, "On the Implementation of Certain Provisions of the Law of Ukraine "On the Protection of Consumer Rights", are included in the List of goods of appropriate quality that are not subject to exchange (return ) )
      3. . If the Goods do not meet the conditions specified in subsections 8.1.1.–8.1.3. Agreement, the Seller has the right to refuse to exchange the Goods. If, at the time of the exchange, a similar Product is not available, the Buyer has the right to either purchase any other Product from the available assortment with a corresponding recalculation of the cost, or terminate the Agreement and receive money back in the amount of the value of the Returned Product.

      RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES.

      1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner stipulated by this Agreement and the current legislation of Ukraine.
      2. The Seller is not responsible for damage caused to the Buyer as a result of improper use of the Goods purchased by him.
      3. The buyer bears full responsibility for the accuracy of the data he indicates when placing the Order for the Goods. In the event of force majeure, the Parties are exempted from fulfilling the terms of this Agreement. Circumstances of force majeure for the purposes of this Agreement mean events of an extraordinary, unavoidable, unpredictable nature that exclude or objectively prevent the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent with reasonable measures. The Party that refers to force majeure circumstances must notify the other Party of the occurrence of such circumstances by telephone or in writing by e-mail. The parties shall make every effort to resolve any disagreements exclusively through negotiations. All disputes that may arise under this Agreement or in connection with its implementation shall be resolved by the Buyer and the Seller through negotiations.
      4. The pre-trial dispute settlement procedure is mandatory. In the event that the Buyer and the Seller cannot reach an agreement on disputed issues through negotiations, these issues shall be resolved in accordance with the current legislation of Ukraine.

      USE OF INFORMATION.

      1. By placing an Order for the Goods, the Buyer gives his consent to the Seller for the collection and processing (accumulation, storage, adaptation, recovery, use, distribution, depersonalization and destruction) of the personal data specified by him in accordance with the Law of Ukraine "On the Protection of Personal Data" dated 01.06.2010 No. 2297-VI. Only those persons who are directly involved in the execution and execution of such an Order have access to the Buyer's personal data, except in the cases and within the limits stipulated by the current legislation of Ukraine. The processing of personal data means any action (operation) or set of actions (operations) carried out with the use of automation tools or without the use of such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing ) extraction, use, blocking, deletion, destruction of personal data. Own
      2. By accepting the Agreement or registering on the "irenfashion.com" website (filling out the registration form), the Buyer voluntarily grants the Seller the right to process his personal data, including: to place personal data in the databases of the Seller (without additional notification to the Buyer), to carry out permanent data storage, their accumulation, update, change (if necessary).
      3. The Seller undertakes to protect data from unauthorized access by others, not to distribute or transfer data to any third party (except for the transfer of related data, including to Third parties, commercial partners, persons authorized by the Seller to carry out direct data processing for the specified purposes, as well as upon mandatory request to the competent state body). In the Seller's database, data is stored for the following purpose: data that becomes known to the Seller can be used for commercial purposes, including for processing orders for the purchase of Goods, obtaining information about the Order, transmission by telecommunication means of communication (e-mail, mobile "language") of advertising and special offers, information about promotions, sweepstakes or any other information. For the purposes provided for in this clause,
      4. The Seller has the right to send letters, messages and materials to the Buyer's postal address and e-mail, as well as send SMS messages, make calls to the number specified in the application form. receiving information about the Order, transmission by means of telecommunications (e-mail, mobile phone) of advertising and special offers, information about promotions, raffles or any other information. For the purposes provided for in this clause, the Seller has the right to send letters, messages and materials to the Buyer's postal address and e-mail address, as well as send SMS messages and make calls to the number specified in the application form. receiving information about the Order, transmission by means of telecommunications (e-mail, mobile phone) of advertising and special offers, information about promotions, raffles or any other information. For the purposes provided for in this clause,
      5. The Seller has the right to send letters, messages and materials to the Buyer's postal address and e-mail, as well as send SMS messages, make calls to the number specified in the application form. When placing an Order, the Buyer is obliged to provide accurate and truthful information to the extent necessary for the purchase of the Goods and the provision of services. Provision of inaccurate information or provision of such information at the Seller's request may be grounds for refusal to sell the Goods.
      6. The Seller is not responsible for the information provided by the Buyer on the Website in a publicly available form. The Seller has the right to make recordings of telephone conversations with the Buyer, having previously warned the Buyer about such recording. The Seller guarantees the prevention of unauthorized use of the Buyer's personal data by other persons who are not related to the execution of the Order, except for cases provided for by the current legislation of Ukraine.
      7. The Seller has the right to send informational, including advertising messages to the e-mail and mobile phone of the Buyer with his consent. The Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal, by sending a written statement of refusal to receive advertising and other information to the Seller at the address indicated on the Website.
      8. Service messages informing the Buyer about the Order and the stages of its processing are sent automatically and cannot be rejected by the Buyer. The information provided by the Buyer is confidential.
      9. The Website uses information about the Buyer exclusively for the purpose of the Website's functioning (sending notifications to the Buyer about the fulfillment of the Order, sending advertising messages, etc.).

      INTELLECTUAL PROPERTY.

      1. All text information and graphic images posted on the Website are the property of the Seller.

      ADDITIONAL CONDITIONS

      1. This Agreement enters into force for the Buyer from the day he placed the Order or registered on the "irenfashion.com" Website and is valid until the Parties fulfill all the terms of the Agreement.
      2. Payment by the Buyer of the Order placed on the Website means the Buyer's full agreement with the terms of this Public Contract (Seller's Public Offer) and is the date of conclusion of the sales contract between the Seller and the Buyer.
      3. The website may be temporarily suspended due to preventive or technical maintenance.
      4. The Seller reserves the right to unilaterally make changes to the content, prices and composition of dishes at its discretion, having previously notified the Buyer.
      5. The Agreement is public and open-ended and is valid until its termination by any of the Parties in accordance with the procedure established by this Agreement or current legislation, but in any case until the moment of its final execution by the Parties.
      6. This version of the Public Contract is current. The website was created to organize a remote method of selling goods via the Internet. The use of the Website resource to view the Product, as well as to place an Order, is free of charge for the Buyer.