PUBLIC OFFER AGREEMENT
This agreement is addressed to consumers and is an official public offer of Seller represented by KLEVER FASHION LLC, acting based on an extract from the United state register of legal entities, individual entrepreneurs and public formations dated of 5.05.2021.
By acting with the aim of acquiring goods, making an order for any goods on the website www.apilatwedding.com, a consumer (any person who accepted this offer) accepts the terms of this agreement (hereinafter - the Agreement).
The current version of the Public Offer Agreement is valid until the moment new version of the offer is adopted.
1. TERMS AND DEFINITIONS
In this Public Offer Agreement, unless the context requires otherwise, the following terms have the following meanings and are an integral part thereof:
“Seller” – KLEVER FASHION LIMITED LIABILITY COMPANY (registry number 44326217, VAT payer number 443262126555).
“User” - any capable individual person or legal entity, a visitor of the website: www.apilatwedding.com, accepting all the conditions of this offer and intending to complete the order of the Goods.
“Customer” - any capable individual person or legal entity, User of the website: www. apilatwedding.com, who makes an order on the website of the online store: www. apilatwedding.com, in order to purchase goods thereby confirming its acceptance of all the conditions of this Public Offer Agreement.
“Online Store” - Seller’s official online store located at www.apilatwedding.com, which is a mean for the provision or sale of goods, work or services through electronic transactions, in accordance with the Law of Ukraine “On Electronic Commerce”.
“Goods” - an object of parties' agreement (an item of clothing, an accessory or other material value) presented for sale in an Online Store.
“Order” - appropriately drawn and placed Customer’s order (the corresponding site sections “Cart”, “Checkout” filled), addressed to Seller for the sale and delivery of the Goods selected in the online store to the address specified by Customer.
“Custom Order” - appropriately drawn and placed Customer’s order, which assumes manufacturing of the Goods based on Customer's individual measures different of the sizes specified in the Table of Sizes posted on the website: www.apilatwedding.com.
2. 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 are identical for all customers regardless of status (individual, legal entity, individual - entrepreneur).
2.2. In case of accepting terms of this agreement (i.e. Seller's public offer), the consumer becomes Customer.
2.3. By entering into Agreement, Customer confirms full acquaintance with and agrees with its terms, and also in the case, Customer is an individual, gives Seller permission to process its personal data for fulfilling provisions of this Agreement, mutual settlements, as well as to receive invoices, acts and other documents. The permission for processing personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after the expiration of its validity. In addition, by entering into this Agreement, Customer confirms its notification (without additional notice) of the rights established by the Law of Ukraine “On Protection of Personal Data”, purposes of collecting data, and that personal data is transmitted to Seller for fulfilling provisions of this Agreement, mutual settlements, as well as for receiving invoices, acts and other documents. Customer also agrees that, without changing personal data processing purpose, Seller is entitled to provide access and transfer personal data to third parties without any additional notifications of Customer. The scope of the Customer's rights, as a subject of personal data in accordance with the Law of Ukraine “On Protection of Personal Data”, is known and understandable to him.
2.4. The current terms can be changed by Seller unilaterally without User/Customer notification. The new edition of this Agreement terms shall enter into force from the moment of publication on the website unless otherwise provided by Agreement itself.
2.5. Agreement becomes enforceable from the moment Seller in any form confirms acceptance of Order when Customer places Order via Online Store website, and also from the moment accepting Order from Customer by phone indicated on Online Store website.
2.6. By informing Seller of phone number and e-mail, Customer agrees to Seller's usage these communication means, as well as by third parties involved in fulfilling obligations before Customer. The data can be used for sharing information about transferring Order to delivery, as well as other information directly related to fulfilment of an obligation before Customer in a frame of this Agreement.
Also, data provided by Customer can be used for spreading promotions, news about promotions, discounts, as well as other actions of Seller.
By placing Order, User/Customer agrees that Seller may entrust fulfiling of Agreement to a third party while remaining responsible for its execution.
2.7. All textual information and graphic images of Goods posted on Online Store website are property of Seller or its counterparties. Viewing information or printing pages of the website are allowed for personal use only.
3. SUBJECT OF AGREEMENT
3.1. The subject of this Agreement is an ability provided to User to buy for personal needs, not related to entrepreneurial activity, of Goods presented in Online Store.
4. MOMENT OF AGREEMENT'S CONCLUSION
4.1. The text of this Agreement is a public offer in accordance with article 633 Civil Code of Ukraine.
4.2. An agreement concluded on the basis of accepting this public offer by Customer is an accession agreement to which Customer joins without any exceptions and/or reservations.
4.3. The fact of placing Order by Customer is a fact of unconditional acceptance of this Agreement terms by Customer. Customer who purchased Goods in Seller’s Online Store (who placed Order for Goods) is considered as a person who entered into a relationship with Seller on terms of this Agreement.
5. REGISTRATION ON WEBSITE
5.1. Registration on Online Store website is carried out /user/register/.
5.2. Registration on Online Store website is not a must to place an Order.
5.3. Seller is not responsible for the accuracy and correctness of the information provided by User/Customer during registration.
5.4. User/Customer agrees not to disclose to third parties the login and password specified during registration. User/Customer agrees to immediately notify Seller, in case of suspicions regarding the security of the login and password or the possibility of their unauthorized use by third parties, by sending an appropriate email to firstname.lastname@example.org.
5.5. User/Customer communication with Seller's representatives shall be based on principles of generally accepted morality and communication etiquette. It is strictly forbidden to use obscene words, abuse, abusive language, as well as threats and blackmail, no matter in what form and to whom they were addressed.
6. GOODS AND PROCEDURE OF PURCHASE
6.1. Seller ensures availability at its warehouse of Goods presented on the website. Photographs accompanying Goods may slightly differ from the actual appearance of Goods, taking into account a colour rendering of various devices with which the website is viewed. Descriptions/characteristics accompanying Goods do not claim to be exhaustive and may contain typos. In order to clarify information regarding Goods of interest, Customer can at any time contact support service by phone specified on Online Store.
6.2. If Seller does not have Goods ordered by Customer, Seller is entitled to exclude such Goods from Order or cancel Order by notifying Customer over e-mail or by contacting over the phone specified by Customer at the time of placing Order.
6.3. Within 48 (forty-eight) hours after placing Order by Customer, the support service will contact Customer by phone (including using any messenger associated with such a phone number), or by sending a message to Customer's email address, specified at the time of Order placing, for clarifying details of Order, its cost, estimated delivery date of Order.
6.4. If it is impossible to contact Customer over contact details specified during Order process within 30 (thirty) business days from the date Customer places Order, such an Order shall be cancelled.
6.5. Customer can order Goods in Online Store based on individual measures (Custom Order), which will be manufactured for Customer individually, taking into account the characteristics and wishes of the Buyer. For placing Order of individually manufactured Goods, samples of fabrics and lace, as well as additional images of products, can be sent to Customer. According to the meaning of this Agreement, when placing Custom Order, Customer is aware and notified that Goods manufactured as Custom Order can not be exchanged or returned.
6.6. If Customer places Custom Order, such an order cannot be cancelled by Customer later than 2 (two) days after the support service has agreed on all the conditions for its fulfilment.
6.7. Order of Goods with standard sizes corresponding to the table of sizes located on www.apilatwedding.com can be changed to an individual size (Custom Order) after placing Order, only if Customer made a mistake by incorrectly indicating size/measurements and subsequently confirmed this error to the support service.
6.8. In case a fully or partially prepaid Order is cancelled, the price of the cancelled Goods is returned by Seller to Customer by the method they were paid.
7. PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Good is determined by Seller and is indicated on Online Store website. In case the price of the ordered Goods indicated incorrectly, Seller informs Customer about this to confirm Order at the adjusted price or cancel Order.
7.2. The price of Goods on the website may be varied by the Seller unilaterally. At the same time, the price of the Goods ordered by Customer is not subject to change.
7.3. Order price is determined by adding the price of all Goods included in Order and delivery price, which is equal to the sum payable, indicated at the time of checkout.
7.4. The price of the contract is equal to the price of Order. The sum of Order may vary depending on the price, quantity of Goods, as well as Order delivery cost.
7.5. Customer shall make payment for Goods according to Order.
7.6. Customer is able to make payment in the following ways:
• bank transfer;
For other countries:
• payment by Visa, Mastercard cards on the website via Internet acquiring in USD with conversion to Ukrainian hryvnia;
• bank transfer (SWIFT/IBAN to settlement account) in USD;
7.7. Order shall deemed to be paid upon receipt of payment to Seller's or his representative settlement account.
7.8. In case of payment by credit / debit card, the payment system ensures secure transactions. All financial information (card number, expiration date, CV code, etc.) transferred to bank-acquire who guarantees the safety of the online transactions. Customer's financial information will not be used by Seller, except for the purchase-related procedure or refund in case of a return, in accordance with the exercise of Customer's right to return, or for reporting to police in case of fraud. For payment (entering the details of Customer's card), Customer will be redirected to the payment gateway. Connection to the payment gateway and transfer of information is carried out in a secure mode using the SSL encryption protocol. Customer's credit card data is transmitted only in encrypted form and is not stored on our web server.
7.9. Until Customer's funds are credited to Seller’s settlement account, Goods are not reserved. Seller cannot guarantee the availability of Seller’s Goods in the quantity indicated at the time of checkout, as a result of which Order processing time may be increased.
7.10. Seller is entitled to provide discounts on Goods and establish a bonus program.
8. DELIVERY OF ORDER
8.1. Delivery of orders outside Ukraine. The price of Goods indicated on the website does not include the delivery costs of Good to the Customer. In the case of delivery outside the standard delivery areas, the shipping cost is calculated individually and communicated to the Buyer by sending an electronic message to the email and/or phone number specified at checkout.
8.2. The Seller has the right individually on his own determine the countries in which the Goods delivery, on condition that the Customer provides Reseivers ID or other documents, required for registration of the Goods import, is done based on import taxes and duties by the Seller. In case the Seller bears import taxes and duties, the Customer is notified of it when placing ht order via e-mail or by contacting the Customer via phone number specified at checkout.
8.3. When Order sent outside Ukraine, to any other country of the world, in case the Buyer refuses to receive the Order in the country of destination, all financial costs associated with the delivery, customs clearance, return delivery of Order to Seller are borne by Customer and deducted from the amount to be returned to Customer.
8.4. Delivery of orders in the territory of Ukraine is carried out by Nova Posta delivery service. The estimated shipping cost of each Order is displayed on the website at checkout, but can be changed by Nova Poshta carrier on the basis of Goods weight, region and delivery method. Customer can calculate delivery on his own on the official website of Nova Poshta https://novaposhta.ua/. Delivery of Orders with a total Order amount over 2000 UAH is free.
8.5. At the time of delivery, the Order is handed over to Customer or to a third party indicated in Order as Customer or recipient. If it is impossible for Customer to receive Order, Order may be handed to a person who can provide accurate information about Order. At the time of Order delivery, the delivery service in the person of its representative is entitled to demand showing of a document that certifies the recipient's personality.
8.6. The parcel is delivered to Nova Poshta carrier warehouse specified by Customer. To receive the parcel, you must show your passport and declaration number. The declaration number is communicated to Customer in any of the following ways: by telephone; using Viber mobile app; sent to the email address specified by Customer; using SMS message sent after shipment Order. Addresses and phone numbers of Nova Poshta carrier’s warehouses are indicated on the official Nova Poshta website https://novaposhta.ua/. Parcel's free storage period at Nova Poshta warehouse is 5 (five) days. After the expiration of the free storage period, the parcel is automatically returned. Customer can extend parcel's storage period by contacting Seller’s support service in any convenient way specified in the “Contact” section of Seller’s website. For each day of parcel storage at Nova Poshta warehouse in excess of the specified time period, penalty interest is paid which shall be paid by Customer.
8.7. Responsibility for accidental damage or destruction of the Goods transfers to Customer from the moment Order delivered and signing documents confirming Order delivery by the recipient. At checkout, Customer can choose courier Order delivery in Kyiv. Courier delivery in Kyiv is carried out by IPOST delivery service. The delivery cost is fixed and equal to 50.00 hryvnia. The areas and addresses where courier delivery is available in Kyiv can be checked on the official website https://ipost.ua. Also, upon confirmation of Order, Costumer will consult about the possibility of delivery to the address indicated in Order, delivery time and other issues regarding courier delivery. Delivery of Orders with Order total amount in excess of UAH 2,000.00 is free. In case of refusal to purchase Goods upon delivery or in the case of the actual purchase of Goods for an amount less than 2 000.00 hryvnias, the Buyer pays the courier the delivery cost - 50.00 hryvnias.
8.8. Self-delivery from showrooms. The user can choose the delivery method "Self-delivery" at checkout on Online Store website. Self-delivery is carried out according to the work schedule of showrooms. Self-delivery is a free shipping method. After placing Order with “Self-delivery” delivery method, the possibility and time of receiving Order shall be notified to Customer upon confirmation of Order by phone call and/or by sending an electronic message to email and/or phone number specified at checkout.
9.1. Customer is entitled to refuse from Goods received and terminate 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 completed application for the return of Goods with an indication of the reason for returning. Goods dispatch is carried out at Customer's expense.
9.2. Return of proper quality Goods:
9.2.1. Customer is entitled to refuse from Goods ordered at any time prior to receipt thereof and within 14 calendar days after receipt of the Goods, not taking into account day of purchase, with the exception of the Goods specified in the list of goods of proper quality, which are not subject to exchange or return, approved by the Resolution of the CMU of 03.19.1994 No.172, which, among other things, include bodysuit, underpants, bras.
9.2.2. Return of Goods of proper quality is possible if marketable condition, consumer properties, as well as the availability of a document confirming the fact and term of purchase of the specified Goods thereof are preserved.
9.2.3. Goods must be in the same condition in which Customer received them (must not be used, worn, washed or damaged), including attached identification tags and original packaging, damage of which is the basis for refusing to return the Goods (as such that did not retain marketable appearance).
9.2.4. Seller reserves the right to refuse to return/exchange any Goods that do not meet the above requirements.
9.2.5. Customer is notified that the return of Goods is available only for standard sizes Goods, which are determined by the Table of Sizes posted on www.apilatwedding.com. Custom Orders with Goods made based on individual measures or design are not subject to return and exchange.
9.3. The costs associated with the return of Goods (the cost of shipping, customs duties and fees) are the responsibility of Customer.
9.4. When Goods returned, money is refunded to Customer minus Order delivery cost and customs duties and fees paid upon importing Goods into the country of the recipient, as well as import payments upon returning Goods to Ukraine.
9.5. Return of improper quality Goods:
9.5.1. Under Goods of improper quality meant goods that have a clear manufacturing defect. Goods received must correspond to the description on Online Store website. The difference between the design or decoration elements from the description specified on Online Store website is not a sign of improper quality.
9.5.2. Goods' appearance, as well as the completeness of the entire Order, must be checked by the recipient at the time of Goods delivery.
9.5.3. Seller is not responsible for Goods' defects that arose after the transfering to Customer as a result of Customer's violation of Goods' usage or storage rules, third parties actions or force majeure circumstances.
9.6. If Customer returns Goods due to Seller's error or due to the fact that Goods are damaged or defective, the delivery costs of Goods return shall be paid or compensated by Seller.
9.7. Customer must notify Seller about an error in the delivered Goods (about damage or defects) within one (1) day from the moment of Order receipt by contacting the Support Service by email email@example.com and filling out necessary documents for a return. Customer must return Goods in the same condition in which they were received, including attached identification tags and original packaging. Goods must not be used, worn, washed, or damaged. Seller will check all Goods that are returned as defective or damaged and will notify Customer of the refund within a reasonable period of time from the date of Goods' back receipt. Subject to acceptance by Seller of Goods returned by Customer as defective or damaged, the cost of Order will be fully refunded, including the delivery cost. In the event that Seller does not detect defects in Goods, Seller shall notify Customer of the impossibility to accept Goods. Seller reserves the right to decide on the re-delivery of the Order. If Customer refuses to accept re-delivered Goods, Seller retains Goods, as well as Order's cost, including shipping costs. All costs associated with re-delivery are paid by Customer.
9.8. Goods manufactured by Custom Order are not subject to exchange and return. If such Goods are damaged or defective, Seller undertakes to correct that by repairing them and re-delivering Goods.
9.9. Refunds are made through the return of Goods' value to the person who is the payer of Order in the manner Goods were paid. Seller may decide to refund the funds in another way, provided that it is not possible to use the initial method of payment for Order.
9.10. Seller is not responsible for any delays that do not fall under his control, including delays caused by credit/debit card companies' refund policies, SWIFT / IBAN payments, etc.
9.11. When Goods returned, the return of funds to Customer is carried out minus the Order delivery cost and customs duties paid upon the import of goods, as well as import payments upon returning Goods to Ukraine.
9.12. Claims for return of a money sum paid for Goods must be satisfied within 14 days from the date a corresponding demand submitted (Law of Ukraine "On Protection of User Rights") subject to Goods return.
10.1. By submitting personal data to Seller, User/Customer agrees to its processing by Seller, including for the purpose of promoting Seller's goods and services, as well as the transfer of personal data to third parties engaged by Customer in fulfilling obligations before User/Buyer in accordance with this Public Offer.
10.2. The seller uses personal data of User/Customer:
• to register User on the website;
• to fulfil its obligations before User/Customer;
• to evaluate and analyze the website's operation;
• to determine a winner in the promotions held by Seller.
10.3. Seller is entitled to send informational messages, including advertising, to User’s / Customer's e-mail and mobile phone with his consent. User/Customer is entitled to refuse from receiving advertising and other information without explaining the reasons for the refusal. Service messages informing User/Customer about Order and stages of its processing are sent automatically and cannot be rejected by User/Buyer.
10.5. Seller collects information about IP address of the website visitor. This information is not used for identifying visitor's personality.
10.6. Seller is not responsible for information provided by User/Customer in a public form on Online Store website.
11. RESPONSIBILITY OF PARTIES
11.1. For non-fulfilment or improper fulfilment of the terms of this Agreement, the parties shall be liable in accordance with the legislation of Ukraine.
11.2. Seller is not responsible for Goods choice by Customer, but only guarantees the conformity of ordered items.
11.3. KLEVER FASHION LLC does not guarantee that website’s content is appropriate or legal in other countries outside of Ukraine. However, in the event such content is considered illegal in some of these countries, please do not use this website. If Online Store website is used in such countries, we warn that usage of Goods provided www.apilatwedding.com is your exclusive and personal responsibility.
12. OTHER CONDITIONS
12.1. Online Store and the services provided may be temporarily partially or completely unavailable due to preventive or other work or for any other technical reasons. Seller's technical service is entitled to periodically carry out the necessary preventive or other work with or without prior notice to Customers.
12.2. Relationships between User/Customer and Seller are regulated by provisions of Ukrainian law.
12.3. The Parties shall make every effort to resolve arisen differences through negotiations solely. If Agreement is not reached, the dispute will be referred to the court in accordance with the current legislation of Ukraine.
12.4. In the event of force majeure documented by the relevant authorities, the parties are exempt from the execution of this Agreement.
12.5. If any provision of this Agreement is held invalid by a court, that shall not entail the invalidity of the remaining provisions.