PUBLIC CONTRACT (OFFER)
for ordering, buying, selling and delivering goods.
This Agreement is an official and public offer of the Seller to conclude a contract of sale and purchase of the Goods presented on the website www.lianehouse.com. This Agreement is public, i.e. in accordance with 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) without preference for one buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for an unfair order and other terms of the Agreement. The Agreement is considered concluded from the moment the "Confirm Order" button is clicked on the order placement page in the "Cart" Section and the Buyer receives an order confirmation from the Seller in electronic form.
1. Definition of terms
1.1. Public offer (hereinafter referred to as the "Offer") is a public offer by the Seller addressed to an indefinite number of persons to conclude a contract of sale and purchase of goods remotely with the Seller (hereinafter referred to as the "Contract") on the terms and conditions contained in this Offer.
1.2. Goods or Services are the object of the agreement between the parties, selected by the buyer on the website of the Online Store and placed in the basket, or already purchased by the Buyer from the Seller remotely.
1.3. Online Store is the Seller's website at www.lianehouse.com created for the conclusion of retail and wholesale purchase and sale contracts based on the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
1.4. The Seller is a sole proprietor company Tkach L. M. (identification code 3013421049), an enterprise created and operating in accordance with the current legislation of Ukraine, whose registration is: 02068, Kiev, A. Akhmatova Street.
1.5. The website of the registered trademark Liane House is open for free visual review, publicly accessible www.lianehouse.com, which belongs to Liliia Nikolaevna Tkach and through which services are provided and goods are sold.
1.6. The Buyer is a capable individual who receives information from the Seller, places an order for the purchase of goods presented on the website of the Online Store for purposes not related to entrepreneurial activity, or a legal entity or an individual entrepreneur.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer the 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. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance of the terms of the Agreement by the Buyer shall be the date of completion of the order form by the Buyer, posted on the website of the Online Store, subject to the Buyer receiving an order confirmation from the Seller in electronic form. If necessary, at the Buyer's request, the Agreement may be drawn up in writing.
3. Placing an Order
3.1. The Buyer independently places an order in the Online Store using the "Cart" form, or by placing an order by e-mail or by phone, specified in the contacts section of the Online Store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information specified by the Buyer when placing the order is incomplete or raises suspicions about its validity.
3.3. When placing an order on the website of the Online Store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Buyer's last name, first name;
3.3.2. the address to which the Goods should be delivered (if delivery to the Buyer's address);
3.3.3. contact phone number.
3.3.4. Identification code for a legal entity or an individual entrepreneur.
3.4. The name, quantity, article number, price of the Product selected by the Buyer are indicated in the Buyer's shopping cart on the website of the Online Store.
3.5. If any of the Parties to the Agreement requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller shall not be liable for providing a quality service to the Buyer when purchasing a product in the Online Store.
3.6. When placing an order through the Seller's operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 - 3.4 of this Offer.
3.7. The Buyer accepts the terms of this Offer by entering the relevant data in the registration form on the website of the Online Store or when placing an Order through the operator. After placing an Order through the Operator, the Buyer's data is entered into the Seller's database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.9. By concluding the Agreement, i.e. accepting the terms of this offer (the proposed terms for purchasing the Goods), by placing an Order, the Buyer confirms the following:
a) the Buyer is fully familiar with and agrees with the terms of this offer (proposal);
b) the Buyer gives permission to collect, process and transfer personal data, permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the 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", the purposes of collecting data, and that his personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, the possibility of making mutual settlements, as well as receiving invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notice to the Buyer in order to fulfill the Buyer's order. The scope of the rights of the Buyer as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by the buyer.
4. Price and Delivery of Goods
4.1 Prices for goods and services are determined by the seller independently and are indicated on the website of the Online Store. All prices for Goods and services are indicated on the website in the national currency of Ukraine - hryvnia.
4.2 Prices for goods and services can be changed by the seller unilaterally depending on the market situation. At the same time, the price of a separate unit of Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the goods indicated on the brand's website includes the cost of delivery of the Goods to the Buyer in Ukraine for goods worth from 3,000 hryvnia, delivery of Goods worth up to 3,000 hryvnia is paid additionally. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of the delivery services (carriers) directly to the chosen delivery service (carrier). International delivery of Goods at the rates of the delivery service of JSC "UkrPoshta".
4.5. The Seller may specify the approximate cost of delivery of the Goods to the Buyer's address when the Buyer makes a corresponding request to the Seller by sending an email or when placing an order through the online store operator.
4.6. The cost of delivery is set in accordance with the rates of the delivery service or transport company carrying out the delivery.
4.7. The Buyer can familiarize themselves with the cost of delivery (rates) within Ukraine directly from the delivery service or transport company carrying out the delivery.
4.8. The online store lianehouse.com is considered to have fulfilled its obligation to deliver the order at the time of transfer to the delivery service. The risk of loss or damage to the goods after their transfer to the delivery service is borne by the customer and the carrier. The goods are insured for their full value.
4.9. Settlements between the Seller and the Buyer for the Goods are made in the ways specified on the website of the online store in the "Payment and Delivery" section.
4.10. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).
4.11. The Buyer or his representative, upon acceptance of the Goods, confirms by his signature on the sales receipt/or in the order/or in the consignment note for the delivery of goods that there are no claims regarding the quantity of the goods, the appearance and completeness of the goods.
4.12. The right of ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative from the moment the Buyer receives the Goods at the place of delivery of the Goods upon independent delivery of the Goods from the Seller or upon the transfer of the goods by the Seller to the delivery service (carrier) selected by the Buyer.
5. Rights and obligations of the Parties
5.1. The Seller is obliged to:
5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except in cases stipulated by law and when fulfilling the Buyer's Order.
5.2. The Seller has the right to:
5.2.1 Change the terms of this Agreement, as well as the prices for Goods and services unilaterally, by posting them on the website of the Online Store. All changes come into force from the moment of publication.
5.3. The Buyer undertakes to:
5.3.1 Before concluding the Agreement, familiarize themselves with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.
5.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary information that clearly identifies it as the Buyer and is sufficient to deliver the ordered Goods to the Buyer.
6. Return and Exchange of Goods
6.1. The Buyer has the right to return the Goods of proper quality to the Seller or exchange them if the goods do not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used for their intended purpose. The Buyer has the right to return and exchange Goods of proper quality within 14 (fourteen) days, not counting the day of purchase. Return and Exchange of Goods of proper quality is made if they have not been used and if their presentation, consumer properties, packaging, seal, labels, as well as the payment document issued to the Buyer for payment for the Goods are preserved. The list of goods that cannot be returned on the grounds provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine.
6.2. The Buyer shall be refunded the cost of the product of proper quality within 10 (ten) calendar days from the date of receipt of such Product by the Seller, subject to the requirements stipulated by paragraph 6.1. of the Agreement and the current legislation of Ukraine.
6.3. If at the time of exchange a similar product is not available for sale, the Buyer has the right to either purchase any other products from the available range with the corresponding transfer of the cost, or terminate the agreement and receive a refund in the amount of the cost of the returned product, or exchange the product for a similar one upon the first receipt of the corresponding product for sale.
6.4. The cost of the product is subject to return by bank transfer to the Buyer's account.
6.5. The return of the Product of proper quality to the Seller is carried out at the expense of the Buyer and the Seller does not reimburse the Buyer.
6.6. In the event that defects in the Product are discovered during the established warranty period, the Buyer personally, in the manner and within the timeframes established by the legislation of Ukraine, has the right to present the Seller with the claims provided for by the Law of Ukraine "On Protection of Consumer Rights". When presenting claims for free elimination of defects, the period for their elimination is calculated from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.
6.7. Consideration of claims provided for by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller upon provision by the Buyer of documents stipulated by the current legislation of Ukraine. The Seller is not liable for defects of the Goods that arose after its transfer to the Buyer due to the Buyer's violation of the rules for the use or storage of the Goods, actions of third parties or force majeure.
6.8. The Buyer has no right to refuse a product of proper quality with individually defined properties if the specified Goods can be used exclusively by the Buyer who purchased it (including, at the request of the Buyer, non-standard sizes, characteristics, appearance, configuration), etc.). Confirmation that the product has individually defined properties is the difference in the sizes of the Goods and other characteristics specified in the online store.
7. Gift Certificates
7.1. This Gift Certificate Policy governs the use and redemption of Gift Certificates purchased on the www.houseliane.com website. By purchasing or using a Gift Certificate, you agree to be bound by the terms and conditions set forth in this Policy.
7.2. Gift Certificates may be split into multiple transactions or broken down into smaller amounts by prior agreement. To receive confirmation, the Buyer must agree by e-mail: houseliane@gmail.com or Telegram specified on the website and receive the corresponding codes before purchasing the Product on the website.
7.3. When purchasing a Product for a smaller amount using an electronic certificate, the Certificate may be considered used unless its split by value is agreed upon before the Purchase. The remaining funds on the Certificate in this case cannot be used or returned in any other way.
7.4. Refunds, credits, or cash advances for any unused portion of the Gift Certificate will not be issued.
7.5. Gift Certificates are valid for the period specified at the time of purchase or as permitted by applicable law. Upon expiration, Gift Certificates cannot be used and are not subject to return or exchange. Gift Certificates are non-refundable and cannot be exchanged for cash or credit in whole or in part.
7.6. By purchasing, accepting or using a Gift Certificate, you agree to comply with the terms and conditions set out in this Policy, which may be amended over 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.
8. Liability
8.1. The Seller shall not be liable for damage caused to the Buyer or third parties due to improper use or storage of the Goods purchased from the Seller. Each Good is described on the website in terms of care and storage.
8.2. The Seller shall not be liable for improper or untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or false information.
8.3. The Seller and the Buyer shall be liable for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
8.4. The Seller or the Buyer shall be released from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or military action, earthquake, flood, fire and other natural disasters that arose regardless of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that is able to fulfill its obligations shall immediately notify the other Party thereof.
9. Confidentiality and protection of personal data.
9.1. By providing their personal data on the website of the online store lianehouse.com during registration or placing an Order, the Buyer provides the Seller with their voluntary consent to the processing, use (including transfer) of their personal data, as well as other actions provided for by the Law of Ukraine "On the Protection of Personal Data", without limiting the validity period of such consent.
9.2. 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 for the fulfillment of 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.
9.3. The Parties undertake, in accordance with the requirements of the Party, to ensure the protection of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data". Ensure proper protection of personal data from illegal processing and from illegal access to them. Including taking the necessary measures to prevent disclosure of personal data of the Buyer and/or other authorized persons of the Parties to whom such personal data was entrusted or became known to them in connection with the performance of obligations under this Agreement.
9.4. The Buyer is responsible for maintaining their personal data up to date. The Seller shall not be liable for poor performance or failure to fulfill their obligations due to the fact that information about the Buyer is out of date or does not correspond to reality.
10. Other terms
10.1. This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
10.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the dispute through negotiations, the Buyer and/or the Seller have the right to apply for dispute resolution to the judicial authorities in accordance with the current legislation of Ukraine.
10.3. The Seller has the right to make changes to this Agreement unilaterally, as provided for in paragraph 5.2.1. of the Agreement. In addition, changes to the Agreement may be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.