Terms and Conditions
PUBLIC OFFER AGREEMENT GENERAL PROVISIONS 1.1. This offer is the official offer of the online store "elenaguranda.com", hereinafter referred to as the "Seller", to conclude an agreement for the sale of goods remotely, that is, through the online store, hereinafter referred to as the "Agreement" and places an offer ( offer) on the official website "https://elenaguranda.com/ (hereinafter referred to as the "Internet site")". 1.2. The "Add to Cart" button on the "My Purchases" page means that the Buyer, regardless of status (individual legal entity, individual entrepreneur), in accordance with the current Ukrainian legislation, has accepted the terms of the public offer agreement specified below for execution. 1.3. The public offer agreement is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers, regardless of status (individual legal entity, individual entrepreneur). In full agreement with this Agreement, the buyer accepts all the conditions and procedure for placing an order, payment for goods, order, liability for an unfair order and failure to fulfill the terms of this agreement. 1.4. The contract is considered concluded from the moment you click the "Add to Cart" button on the ordering page. In the case of an order, at the request of the buyer, the contract can be drawn up in a simple written form. 1.5. The online store elenaguranda.com carries out sales and delivery throughout Ukraine. 1.6. The elenaguranda.com online store sells goods at retail. The procedure for returning goods is carried out in accordance with the Law of Ukraine "On Protection of Consumer Rights". 1.7. By placing an order on the site, the client unconditionally agrees to the terms of this Agreement and confirms that he is familiar with it.
CONCEPTS AND DEFINITIONS 2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings: "Product" - clothing, accessories, components and related items; "Internet store" - in accordance with the Law of Ukraine "On Electronic Commerce", a means for presenting or selling a product, work or service through an electronic transaction. "Seller" - a company that sells the goods presented on the website. "Buyer" - an individual who has entered into an Agreement with the seller on the terms and conditions set forth below. "Order" - selection of individual items from the list of goods specified by the buyer when placing an order and making payment.
SUBJECT OF THE CONTRACT 3.1. The Seller undertakes to transfer the goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the goods on the terms of this Agreement. This Agreement governs the sale and purchase of goods in the online store, including: - voluntary choice by the Buyer of goods in the online store; - independent registration by the Buyer of the order in the online store; - payment by the Buyer of the order placed in the online store; - processing and delivery of the order to the Buyer in the property on the terms of this Agreement.
ORDER PROCEDURE 4.1. The buyer can place an order for any product presented on the website of the online store and in stock. 4.2. Each position can be presented in any quantity. 4.3. In the absence of goods in stock, the Manager of the company is obliged to notify the Buyer (by phone or via e-mail). 4.4. In the absence of a product, the Buyer has the right to replace it with a product of a similar model. 4.5. The order is placed by the Buyer by adding the product to "My Cart". 4.6. An order is considered to be properly executed if: 4.6.1. the client has filled in all fields of the form allowing to identify the client and contact him: 18.104.22.168. FULL NAME. / Name; 22.214.171.124. delivery address; 126.96.36.199. contact number; 188.8.131.52. email address; 184.108.40.206. desired payment procedure (payment methods are listed in clause 5.1.) 220.127.116.11. desired type of delivery.
ACCEPTANCE OF ORDER BY elenaguranda.com INTERNET STORE 5.1. The manager of the elenaguranda.com online store, upon receipt of the order, checks the availability of goods and, if the order is placed in accordance with clause 4.6. of this Agreement, accepts orders and contacts the client to confirm the details. 5.2. From the moment the order is accepted by the elenaguranda.com online store, the client has the right to refuse the order or make changes to the order (delete / add goods to the order, change the characteristics of the goods (color, size, quantity, etc.). After payment of the invoice, deletion of commodity items from the order is not allowed.
ORDER FORMATION 6.1. Managers of the elenaguranda.com online store, after placing an order by the Client, contact the Client to clarify the correctness of the order and the availability of goods in stock. If the product is in stock, it will be sent on the same day on the territory of Ukraine, and within two business days for shipment abroad. Sender's city - Kherson. 6.2. In the absence of any product in the elenaguranda.com online store, the employee checks the availability of the product in all brand stores. In the event that the product is missing, the manager of the elenaguranda.com online store may offer the client to replace the missing product with any other product. With the consent of the client, another proposed product is added to the order. 6.3. At the time of completion of the formation of the order on the website of the elenaguranda.com online store, the client receives a message about the status of the order and the selected payment method to the e-mail specified when placing the order.
ORDER PAYMENT PROCEDURE 7.1. Payment for the order is carried out in the following ways: 7.1.1. Payment upon receipt (cash on delivery) in any department of Nova Poshta 7.1.2. Payment by card online 7.1.3. Payment through the 2CheckOut and Fondy systems 7.1.4. Cash on pickup. Attention! The commission for sending money using the services of the carrier company "Nova Poshta" is paid by the buyer. The cost of transferring cash on delivery is UAH 20 + 2% of the amount (the amount of the fee is set by the tariffs of the Nova Poshta company). When paying for an order with a Visa, Mastercard, Maestro payments, Visa Electron, JCB, Discover, American Express, Diners Club, Boleto and PayPal payments on the site immediately after placing the order through the 2CheckOut and Fondy systems, payment takes place directly on the site page and is protected by security certificates. You pay only the cost of the goods, no commission is charged when paying online.
TERMS OF ORDER DELIVERY 8.1. Delivery of goods across the territory of Ukraine is carried out by the delivery service "Nova Poshta". 8.2. Delivery of goods outside the territory of Ukraine is carried out by the delivery service DHL. 8.3. The elenaguranda.com online warehouse store is considered to have fulfilled its obligation to deliver the order at the time transfer to the delivery service. The risk of loss or damage to the goods after its transfer to the delivery service is borne by the client. 8.4. Free delivery is carried out on the territory of Ukraine, provided that the ordered goods are purchased at the full retail price, that is, the discount on the cost of the goods is 0%. The conditions of the personal discount system are valid. Attention! In cases where there are promotional offers of 5% or more, delivery is carried out at the expense of the buyer at the rates of the carrier company. 8.5. Free shipping does not apply to the categories: accessories, promotions and charity events. 8.6. Separate deliveries of each commodity item from one order are also paid separately. 8.7. The buyer also pays at his own expense the amount of money transfer commissions for the purchased goods, including "cash on delivery" of the carrier company. To avoid additional commissions when paying for an order, we recommend a secure form of payment directly on the website through the Fondy electronic payment system or using Privat-24 to a PrivatBank card (in some cases, the bank charges an additional commission). 8.8. Sending an order in Ukraine is carried out within 1-3 business days from the date of receipt of the order. The fulfillment of this period depends on the availability of goods in the warehouse of the online store, as well as in retail stores in Ukraine.
RIGHTS AND OBLIGATIONS OF THE PARTIES 9.1. The seller has the right: - unilaterally terminate the provision of services under this agreement in case of violation by the Buyer of the terms of this agreement. 9.2. The buyer is obliged: - timely pay and receive the order on the terms of this contract. 9.3. The buyer has the right: - place an order in the online store; - draw up an electronic contract; - require the seller to fulfill the terms of this Agreement.
RESPONSIBILITIES OF THE PARTIES 10.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this agreement in the manner prescribed by this agreement and the current legislation of Ukraine. 10.2. The seller is not responsible for: - the appearance of the Goods changed by the manufacturer; - for a slight discrepancy in the color gamut of the product, which may differ from the original product solely due to different color rendering by the monitor of personal computers of individual models; - for the content and accuracy of the information provided by the Buyer when placing an order; - for delays and interruptions in the provision of services (order processing and delivery of goods) that occur for reasons beyond its control; - for unlawful illegal actions committed by the Buyer using this access to the Internet; - for the transfer by the Buyer of their network identifiers - IP, MAC address, login and password to third parties; 10.3. The buyer, using the access to the Internet provided to him, is independently responsible for the harm caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles. 10.4. In the event of force majeure circumstances, the parties are exempted from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances are understood as events of an extraordinary, unforeseen nature, excluding or objectively interfering with the implementation of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means. 10.5. The Parties shall make every effort to resolve any differences solely through negotiations.
OTHER CONDITIONS 11.1. The online store reserves the right to unilaterally amend this agreement, subject to its publication on the website https://elenaguranda.com. 11.2. The online store was created to organize a remote method of selling goods via the Internet. 11.3. The buyer is responsible for the accuracy of the information specified when placing an order. At the same time, when making an acceptance (placement of an order and subsequent payment for the goods), the Buyer provides the Seller with his unconditional consent to the collection, processing, storage, use of his personal data, within the framework of the Law of Ukraine "On the Protection of Personal Data". 11.4. Payment by the Buyer of the order placed in the online store means the full consent of the Buyer with the terms of the contract of sale (public offer) 11.5. The actual date of the electronic agreement between the parties is the date of acceptance of the conditions, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce" 11.6. Using the resource of the online store to view the goods, as well as to place an order for the Buyer is free. 11.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of processing the order, sending messages to the Buyer, delivering goods, making mutual settlements, etc.
RETURN PROCEDURE 12.1. Return of goods is possible only to the same address where the purchase took place. 12.2. Goods of good quality ordered on elenaguranda.com, which did not fit for any reason (style, size, color), are subject to return and exchange within 14 days, not counting the day of purchase, provided: - absence of traces of operation and wearing; - preservation of the presentation and consumer properties; - the presence of original and undamaged packaging and labels. Shipping costs for returning / exchanging goods are paid by the buyer *. * Exception: manufacturing defect or re-sorting (other size, color or article). In this case, the return is at our expense. Goods of inadequate quality (after use or with damaged labels) ordered on the elenaguranda.com website cannot be exchanged or returned. 12.3. Product return process: 12.3.1. Fill out the return form (sent by the manager at the request of the client to the messenger or e-mail) 12.3.2. Send the goods and the completed form to the address indicated in it 12.3.3. Get money on a bank card; or in cash if the purchase was made on a self-pickup basis. The refund period is within 7 working days from the date of receipt of the return by the manager of the online store. 12.4. Product exchange process: 12.4.1. Fill out the exchange form (sent by the manager at the request of the Buyer to the messenger or e-mail) 12.4.2. Send the goods and the completed form to the address indicated in it 12.4.3. Contact the manager of the online store to reserve an item for an exchange. Sending an application for an exchange is carried out after a complete set and receipt of a return by the manager of the online store. Return address: Return of goods is carried out only (!) Through the courier service "DHL" or "Nova Poshta" at the address: 41 Preobrazhenskaya str. Kherson, 73009 Ukraine,Recipient: FOP GURANDA O.I. tel: +38 0997010528 If the product was purchased using self-pickup, you need to contact the manager of the elenaguranda.com online store to agree on the return conditions. After sending the return, you must report the TTN number (consignment note) to the manager of the online store by phone: +38 0997010528
CONTRACT TIME 13.1. An electronic agreement is considered concluded from the moment the person who sent the proposal to conclude such an agreement receives a response on the acceptance of this proposal in the manner prescribed by part six of Article 11 of the Law of Ukraine "On Electronic Commerce". 13.2. Before the expiration date, this contract may be terminated by mutual agreement of the parties until the payment for the goods, after payment the contract cannot be terminated. 13.3. The parties have the right to terminate this agreement unilaterally, if one of the parties fails to comply with the terms of this agreement and in cases provided for by the current legislation of Ukraine.