Public offer
This agreement is an official public offer of the Seller, represented by Andriy Lyubomirovich Tykhyi, acting on the basis of an extract from the Unified State Register of Legal Entities and Individuals in accordance with the procedure established by current legislation and who is a single tax payer (hereinafter referred to as the Seller) on the one hand, and
the Consumer (any person who has accepted this offer), acting with the aim of purchasing goods, placing an order for any goods on the website www.linnicarobride.com, accepts the terms of this agreement (hereinafter referred to as the Agreement).
TERMS AND DEFINITIONS
1.1. In this offer, unless the context requires otherwise, the terms listed below have the following meanings and are an integral part of it:
“Seller” – Individual Entrepreneur Andriy Lyubomirovich Tykhyi (code 2878603079), registered in the Ternopil region, Ternopil district, Berezhany, Deputatska Street 6/7.
“User” – any legally capable individual or legal entity, visitor to the website www.linnicarobride.com, who accepts all the terms and conditions of this offer and intends to place an order for the Goods.
“Buyer” – any legally capable individual or legal entity, a User of the website www.linnicarobride.com, who places an order on the website of the online store www.linnicarobride.com with the aim of purchasing goods and thereby confirms their agreement with all the terms and conditions of this offer.
“Online Store” – the Seller's official online store, located at www.linnicarobride.com, which, in accordance with the Law of Ukraine “On Electronic Commerce,” is a means of providing or selling goods, works, or services by means of an electronic transaction.
“Goods” – the object of the agreement between the parties (an item of clothing, accessory, or other material value) offered for sale in the online store.
“Acceptance” means the Customer's full and unconditional consent to the conclusion of this Agreement in its entirety, without the Parties signing a written copy of the Agreement.
“Order” means a properly completed and placed order by the Buyer (the relevant fields on the website in the ‘Basket’ and “Place Order” sections are filled in), addressed to the Seller, for the sale and delivery of the Goods selected in the online store to the address specified by the Buyer.
“Individual Order” – a properly completed and placed order by the Buyer, which provides for the manufacture of the Goods based on the Buyer's individual measurements, which differ from those specified in the Size Chart posted on the website www.linnicarobride.com.
GENERAL PROVISIONS
2.1. This agreement is a public offer agreement (in accordance with Articles 633, 641, and Chapter 54 of the Civil Code of Ukraine), its terms and conditions are the same for all buyers regardless of their status (natural person, legal entity, natural person – entrepreneur).
2.2. By accepting the terms of this agreement, i.e. the seller's public offer, the consumer becomes a buyer.
2.3. By entering into the Agreement, the Buyer confirms that they are fully and completely familiar with and agree to its terms and conditions, and, if the Buyer is a natural person, gives permission to the Seller to process their personal data for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and receiving invoices, acts, and other documents. The consent to the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into this Agreement, the Buyer confirms that they have been informed (without additional notification) of the rights established by the Law of Ukraine “On the Protection of Personal Data,” the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notification to the Buyer, without changing the purpose of personal data processing. The scope 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.
2.4. The contract shall come into force upon confirmation by the Seller to the Buyer in any form of acceptance of the Order when the Buyer places an order on the website of the online store, as well as upon acceptance of the Order from the Buyer by telephone, as indicated on the website of the online store.
2.5. By providing the Seller with their phone number and e-mail address, the Buyer consents to the use of these means of communication by the Seller, as well as by third parties involved in the performance of obligations to the Buyer. The data may be used to disseminate information about the transfer of the order for delivery, as well as other information directly related to the fulfillment of obligations to the Buyer under this Public Offer.
2.6. By placing an Order, the User/Buyer agrees that the Seller may entrust the performance of the Contract to a third party, while remaining responsible for its performance.
2.7. All text information and graphic images of goods posted on the online store's website are the property of the Seller or its contractors. Viewing information or printing pages from the Website is permitted for personal use only.
SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is to provide the User with the opportunity to purchase the Goods presented in the online store for personal needs not related to business activities.
MOMENT OF CONCLUSION OF THE AGREEMENT
4.1. The text of this Agreement is a public offer in accordance with Article 633 of the Civil Code of Ukraine.
4.2. The Agreement concluded on the basis of the Buyer's acceptance of this offer is an adhesion contract, to which the Buyer adheres without any exceptions and/or reservations.
4.3. The fact of placing an order by the Buyer is an indisputable fact of the Buyer's acceptance of the terms of this Agreement. The Buyer who purchased the goods in the Seller's online store (who placed an order for the goods) is considered a person who has entered into a relationship with the Seller under the terms of this Agreement.
GOODS AND PURCHASE PROCEDURE
5.1. The Seller ensures the individual tailoring of each unit of the Goods presented on the Website. Goods made to individual order are manufactured within 24 days. The photos accompanying the Goods may differ slightly from the actual appearance of the Goods, taking into account the peculiarities of color rendering on different devices used to view the Website. The description and characteristics accompanying the Goods do not claim to be exhaustive and may contain typographical errors. In order to clarify information about the product of interest, the Buyer may at any time contact the Support Service by calling the phone number listed in the online store.
5.2. After the Buyer places an Order, within 48 (forty-eight) hours, the Support Service will contact the Buyer by phone (including using any messenger linked to this phone number), or by sending a message to the Buyer's email address specified by the Buyer when placing the Order in order to clarify the details of the Order, its cost, and the estimated delivery date of the Order.
5.3. If it is impossible to contact the Buyer using the contact details provided by them when placing the Order within 30 (thirty) business days from the moment the Buyer placed the Order, such Order shall be canceled.
5.4. The Buyer may place an Order for Goods in the Online Store according to individual specifications – a “custom order” – which will be manufactured for the Buyer on an individual basis, taking into account the Buyer's specific requirements and preferences.
6.4. If it is impossible to contact the Buyer using the contact details provided by them when placing the Order within 30 (thirty) working days from the moment the Buyer places the Order, such Order shall be canceled.
6.6. If the Buyer places an individual order, such an Order cannot be canceled by the Buyer later than 2 (two) days from the moment the Support Service approves all the conditions for its fulfillment.
6.7. Orders with standard sizes of Goods that correspond to the Size Chart posted on www.linnicarobride.com may be changed to an individual size (individual order) after placing the Order, only if the Buyer has made a mistake by incorrectly specifying their size/measurements and subsequently confirmed this mistake to the Support Service.
6.8. In case of cancellation of a fully or partially prepaid Order, the cost of the canceled Goods shall be refunded by the Seller to the Buyer in the manner in which the Goods were paid for.
PRICE AND PAYMENT PROCEDURE
7.1. The price of goods on the website may be changed by the seller unilaterally. However, the price of goods ordered by the buyer is not subject to change.
7.2. The price of the Order is determined by adding the prices of all Goods included in the Order and the delivery price, which is equal to the amount payable, which is indicated when placing the Order at the time of its placement.
7.4. The contract price is equal to the price of the Order. The amount of the Order may vary depending on the price, quantity of Goods, and delivery cost of the Order.
7.5. The Buyer pays for the Goods in accordance with the Order.
7.6. The Buyer can make a payment using the Hutko payment system.
7.7. The Order is considered paid from the moment the payment is credited to the current account of the Seller or its representative.
7.8. When paying by credit/debit card, the payment system ensures secure transactions. All financial information (card number, expiration date, CV code, etc.) is transferred to the acquiring bank, which guarantees the security of online transactions. The Buyer's financial information will not be used by the Seller, except for procedures related to the purchase or issuance of refunds, in the event of a return in accordance with the Buyer's right of return, or to report cases of fraud to the police. To make a payment (enter the Buyer's card details), the Buyer will be redirected to the payment gateway. The connection to the payment gateway and the transfer of information are carried out in a secure mode using the SSL encryption protocol. The Buyer's credit card details are transmitted only in encrypted form and are not stored on our web server.
ORDER DELIVERY
8.1. Delivery of orders outside Ukraine. The cost of the Goods indicated on the Website does not include the cost of delivery of the Goods to the Buyer. In case of delivery of orders outside Ukraine, the cost of delivery is paid by the buyer upon receipt of the goods at the delivery point of the logistics company.
8.2. The Seller reserves the right to independently, on an individual basis, determine the countries to which the Goods will be delivered, provided that the Buyer provides the Receivers ID or other documents necessary for the import of the Goods, on the condition that the Seller pays import duties and fees. In the event of payment of import duties and fees by the Seller, the Buyer shall be notified thereof when placing the order or by e-mail or by contacting the Buyer by telephone, as specified by the Buyer when placing the Order.
8.3. When sending an Order outside Ukraine to any other country in the world, if the Buyer refuses to receive the Order in the country of destination, all financial costs associated with delivery, customs clearance, and return delivery of the Order to the Seller shall be borne by the Buyer and deducted from the amount to be refunded to the Buyer.
8.4. Delivery of orders within Ukraine is carried out by the Nova Poshta delivery service. The Buyer can calculate the delivery cost independently on the official Nova Poshta website https://novaposhta.ua/send/international-delivery/shipping-cost/.
8.5. During delivery, the Order is handed over to the Buyer or a third party specified in the Order as the Buyer or recipient. If the Buyer is unable to receive the Order, the Order may be handed over to a person who can provide accurate information about the Order. Upon delivery of the Order, the delivery service, represented by its representative, has the right to request the presentation of a document proving the identity of the recipient.
8.6. The shipment is delivered to the Nova Poshta carrier's warehouse specified by the Buyer. To receive the parcel, you must present your passport and declaration number. The declaration number is communicated to the Buyer in any of the following ways: by phone; via the Viber mobile application; sent to the email address specified by the Buyer; via SMS message sent after the order is shipped. The addresses and phone numbers of Nova Poshta branches are listed on the official Nova Poshta website novaposhta.ua. The free storage period for parcels at the Nova Poshta warehouse is 5 (five) days. After the free storage period expires, the parcel will be automatically returned. The Buyer may extend the storage period of the parcel by contacting the Seller's support service in any convenient way specified in the “Contacts” section of the Seller's website. For each day of storage of the parcel at the Nova Poshta warehouse beyond the specified time, a penalty is imposed, which is paid by the Buyer.
8.7. Responsibility for accidental damage or destruction of the Goods shall pass to the Buyer from the moment the Order is transferred to them and the Recipient's signature is provided in the documents confirming the delivery of the Order.
RETURN OF GOODS AND FUNDS
9.1. The Buyer has the right to refuse the received Goods and terminate the Agreement in accordance with the Law of Ukraine “On Protection of Consumer Rights” within 14 calendar days. The returned goods must be accompanied by a handwritten statement of return of the Goods with the reason for the return. The goods shall be sent at the expense of the Buyer.
9.2. Return of Goods of proper quality:
9.2.1. The Buyer has the right to refuse the ordered Goods at any time before receiving them, and after receiving the Goods – within 14 calendar days, excluding the day of purchase, with the exception of Goods specified in the List of Goods of Proper Quality that are not subject to exchange or return, approved by Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994, which include, among other things, bodysuits, panties, and bras.
9.2.2. Goods of good quality may be returned if their marketable appearance and consumer properties have been preserved, and if there is a document confirming the fact and conditions of purchase of the specified Goods.
9.2.3. The Goods must be in the same condition in which they were received by the Buyer (they must not be used, worn, washed, or damaged), including attached identification tags and original packaging, damage to which is grounds for refusing to return the Goods as not preserved in proper condition.
9.2.4. The Seller reserves the right to refuse to return/exchange any Goods that do not meet the above requirements.
9.2.5. The Buyer is informed that the return of Goods is only possible for Goods in standard sizes specified in the Size Chart posted at www.linnicarobride.com. Individual orders for Goods manufactured to individual measurements or designs are not subject to return or exchange.
9.3. The costs associated with returning the Goods (shipping costs, customs duties, and fees) are the responsibility of the Buyer.
9.4. When returning the Goods, the Buyer will be refunded minus the cost of delivery of the Order and customs duties and fees paid when importing the goods into the Recipient's country, as well as import payments when returning the goods to Ukraine.
9.5. Return of Goods of inadequate quality:
9.5.1. Goods of inadequate quality are goods that have an obvious manufacturing defect. The Goods received must match the description on the online store's website. Differences in design or appearance from the description on the online store's website are not a sign of poor quality.
9.5.2. The appearance of the Goods, as well as the completeness of the entire Order, must be checked by the Recipient at the time of delivery of the Goods.
9.5.3. The Seller is not responsible for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer's violation of the rules for using or storing the Goods, the actions of third parties, or force majeure circumstances.
9.6. If the Buyer returns the Goods due to the Seller's mistake or because the Goods are damaged or defective, the costs of returning the Goods shall be paid or compensated by the Seller.
9.7. The Buyer must notify the Seller of any errors in the delivered goods (damage or defects) within one (1) day of receiving the Order by contacting Customer Support at info@linnicaro.ua and filling out the necessary return documents. The Buyer must return the Goods in the condition in which they were received, including attached identification tags and original packaging. The Goods must not be used, worn, washed, or damaged. The Seller will inspect all Goods returned as defective or damaged and notify the Buyer of the refund within a reasonable period of time from the date of receipt of the Goods. Subject to the Seller's acceptance of the Goods returned by the Buyer as defective or damaged, the cost of the Order will be fully refunded, including shipping costs. If the Seller does not find any defects in the Goods, the Seller shall notify the Buyer that it is unable to accept the Goods. The Seller reserves the right to decide on the redelivery of the Order. If the Buyer refuses to accept the redelivery of the Goods, the Seller shall retain the Goods and the cost of the Order, including delivery costs.
All costs associated with redelivery shall be paid by the Buyer.
9.8. Goods placed as individual orders are not subject to exchange or return. If such Goods are damaged or defective, the Seller undertakes to remedy this by repairing the product and redelivery of the goods.
9.9. Refunds are made by returning the cost of the Goods to the person who paid for this Order in the same way that the Goods were paid for. The Seller may decide to refund the money in another way if it is impossible to use the original method.
CONFIDENTIALITY
10.1. By providing their personal data to the Seller, the User/Buyer agrees to its processing by the Seller, including for the purpose of promoting the Seller's goods and services, as well as the transfer of personal data to third parties involved by the Buyer to fulfill their obligations to the User/Buyer under this Public Offer.
10.2. The Seller uses the personal data of the User/Buyer:
- to fulfill its obligations to the User/Buyer;
- to evaluate and analyze the performance of the Website;
10.3. The Seller has the right to send informational, including advertising, messages to the User/Buyer's email and mobile phone with their consent. The User/Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal. Service messages informing the User/Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the User/Buyer.
10.4. The Seller has the right to use “cookies” technology. “Cookies” do not contain confidential information and are not transferred to third parties.
10.5. The Seller receives information about the IP address of the Website Visitor. This information is not used to identify the visitor.
10.6. The Seller is not responsible for the information provided by the User/Buyer on the online store website in a publicly accessible form.
RESPONSIBILITY OF THE PARTIES
11.1. The Parties shall be liable for failure to fulfill or improper fulfillment of the terms of this Agreement in accordance with the legislation of Ukraine.
11.2. The Seller is not responsible for the Buyer's choice of Goods, it only guarantees the conformity of the ordered items.
11.3. FOP Tykhyi Andrii does not guarantee that the content of the website is appropriate or legal in other countries outside Ukraine. However, if such content is considered illegal in some of these countries, please do not use this website. If the online store website is used in such countries, we warn that the use of the Goods provided by www.linnicarobride.com is the sole and personal responsibility of the user.
OTHER TERMS
12.1. The online store and the services provided may be temporarily partially or completely unavailable due to maintenance or other work or for any other technical reasons. The Seller's technical service has the right to periodically carry out necessary maintenance or other work with or without prior notice to Buyers.
12.2. The provisions of Ukrainian law apply to the relationship between the User/Buyer and the Seller.
12.3. The parties shall make every effort to resolve any disputes that arise exclusively through negotiation. If no agreement is reached, the dispute shall be referred to a court of law in accordance with the current legislation of Ukraine.
12.4. In the event of force majeure circumstances, documented by the relevant authorities, the parties shall be released from the performance of this agreement.
12.5. The invalidation by a court of any provision of this Agreement shall not invalidate the other provisions.