This Agreement is an official and public offer of the Seller to conclude a contract of sale of the Goods presented on the website https://www.emmyandlily.com/. This Agreement is public, that is, per 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 giving preference to one buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and procedure for placing an order, payment for goods, delivery of goods, return of goods, liability for an unscrupulous order, and all other terms of the Agreement. The Agreement is considered concluded from the moment of clicking the "Confirm Order" button on the order page in the "Cart" Section, and the Buyer receives an order confirmation from the Seller in electronic form.
1.1. Public offer (hereinafter referred to as the “Offer”) is a public offer of the Seller, addressed to an unspecified number of persons, to conclude a contract of sale of goods with the Seller remotely (hereinafter referred to as the “Agreement”) on the terms and conditions contained in this Offer.
1.2. Goods or Services are the object of the agreement of the parties, which the Buyer selected on the website of the Online Store and placed in the basket or already purchased by the Buyer from the Seller remotely.
1.3. The Online Store is the Seller’s website at www.emmyandlily.com/, created for concluding 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. Buyer – a legally capable individual who has reached the age of 18, receives information from the Seller, places an order to purchase goods presented on the Online Store's website for purposes unrelated to entrepreneurial activity, or a legal entity or an individual entrepreneur.
1.5. Seller – Individual entrepreneur “Petrova Hanna Ihorivna” (identification code 2852706587), a legal entity established and operating in accordance with the current legislation of Ukraine, whose address is: 01103, Kyiv, Verkhoglyada St., building 20, apt. 91
2.1. The Seller undertakes to transfer 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 by the Buyer of the terms of the Agreement is the date of filling out the order form located on the website of the Online Store, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement may be drawn up in writing.
3.1. The Buyer independently places an order in the Online Store via the "Shopping Cart" form, or by placing an order by e-mail, or by calling the phone number 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 provided 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. last name, first name of the Buyer; 3.3.2. 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 Buyer's basket on the Online Store website indicates the name, quantity, article number, and price of the Goods selected by the Buyer.
3.5. If any of the Parties to the Agreement requires additional information, it has the right to request it from the other Party. In the event of the buyer's failure to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the Online Store.
3.6. When placing an order through the Seller's operator (clause 3.1 of this Offer), the Buyer must 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 into the registration form on the Online Store website 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 of purchase of the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is fully and completely familiar with and agrees with the terms of this offer (offer);
b) he gives permission to collect, process, and transfer personal data, valid for the entire term of the Agreement and for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that he has been informed (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and that his personal data is transferred to the Seller in order to be able to fulfill the terms of this Agreement, to be able to make mutual settlements, as well as to receive 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 notice from the Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.
4.1 Prices for goods and services are determined independently by the Seller and indicated on the website of the Online Store. All prices for Goods and services are indicated on the website in hryvnias, including VAT.
4.2 Prices for Goods and services may be changed unilaterally by the Seller depending on market conditions. In this case, the price of a single unit of Goods, the cost of which is paid by the Buyer in full, may not be changed unilaterally by the Seller.
4.3. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivering the Goods to the Buyer. The Buyer pays the cost of delivering the Goods to the Buyer per the current tariffs of delivery services (carriers) directly to the delivery service (carrier) he chose.
4.4. The cost of the Goods indicated on the Online Store's website does not include the cost of delivering the Goods to the Buyer's address.
4.5. The Seller may indicate the approximate cost of delivering the Goods to the Buyer's address when the Buyer addresses the Seller with a relevant request by sending a letter to the Seller by e-mail or when placing an order through the operator of the Online Store.
4.6. The Buyer's obligations to pay for the Goods are considered fulfilled when the Seller receives funds to their account.
4.7. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the Online Store website in the "Payment and Delivery" section.
4.8. 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).
4.9. The Buyer or his representative, upon receipt of the Goods, confirms with his signature in the goods receipt/or in the order/or in the transport invoice for the delivery of the goods that he has no complaints about the quantity of the goods, the appearance, and completeness of the goods.
4.10. 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 by the Seller, or upon 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 shall:
5.1.1. Transfer the Goods to the Buyer per the terms of this Agreement and the Buyer's order.
5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except in cases provided for by law and during the execution of 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 the Goods and Services, unilaterally, by posting them on the website of the Online Store. All changes shall come into force from the moment of their publication.
5.3 The Buyer undertakes:
5.3.1 Before concluding the Agreement, familiarize himself with the Agreement's content, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.
5.3.2 For the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that uniquely identifies it as the Buyer and is sufficient to deliver the ordered Goods to the Buyer.
6.1. The Buyer has the right to return non-food goods of proper quality to the Seller if the goods did not satisfy him in shape, dimensions, style, color, size, or for other reasons cannot be used by him for their intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of proper quality is carried out if they were not used and if their presentation, consumer properties, packaging, seals, labels, and the payment document issued to the Buyer for payment for the Goods are preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The Buyer shall be refunded the cost of the proper-quality Goods within 30 (thirty) calendar days from the date the Seller receives such Goods, provided that the requirements stipulated in clause 6.1 of the Agreement and the current legislation of Ukraine are met.
6.3. The cost of the Goods shall be refunded by bank transfer to the Buyer's account.
6.4. The return of the Goods of proper quality to the Seller's address shall be carried out at the Buyer's expense, and the Seller shall not compensate the Buyer.
6.5. In the event of defects in the Goods being discovered during the established warranty period, the Buyer shall personally, in accordance with the procedure and within the terms established by the legislation of Ukraine, have the right to present to the Seller the requirements stipulated by the Law of Ukraine "On Protection of Consumer Rights". When presenting requirements for the free elimination of defects, the term for their elimination shall be counted from the date of receipt of the Goods by the Seller at his disposal and physical access to such Goods.
6.6. The Seller considers the requirements stipulated by the Law of Ukraine "On Protection of Consumer Rights", provided that the Buyer provides documents stipulated by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after their transfer to the Buyer due to the Buyer's violation of the rules for use or storage of the Goods, actions of third parties, or force majeure.
6.7. The Buyer does not have the right to refuse goods of proper quality that have individually defined properties, if the specified goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, equipment, etc., at the request of the Buyer). Confirmation that the goods have individually defined properties is the difference in the dimensions of the goods and other characteristics specified in the online store.
6.8. The return of goods, in cases stipulated by law and this Agreement, is carried out at the address specified on the website in the "Contacts" section
7.1. The Seller is not liable for damage caused to the Buyer or third parties due to improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller is not liable for improper, untimely fulfillment of Orders and obligations if the Buyer provides inaccurate or erroneous information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with Ukraine's current legislation and the provisions of this Agreement.
7.4. The Seller or the Buyer is exempt 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 actions, 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 cannot fulfill its obligations shall immediately notify the other Party.
8.1. By providing their personal data on the website of the Online Store during registration or placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, and performance of other actions stipulated by the Law of Ukraine "On Protection of Personal Data" without limiting the validity period of such consent.
8.2. 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 based on an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the requirements of the current legislation of Ukraine establish the disclosure of such information.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor-quality performance or failure to fulfill his obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
9.1. This agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.2. All disputes between the Buyer and the Seller are resolved through negotiations. In the event of failure to resolve the dispute through negotiations, the Buyer and/or the Seller have the right to apply to the judicial authorities for resolution of the dispute in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to amend this Agreement unilaterally, as provided for in clause 5.2.1. Amendments to the Agreement may also be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
Private individual entrepreneur "Petrova Hanna Igorivna"
01103, Kyiv, Verkhoglyada St., building 20, apt. 91
account number UA523220010000026007310019842 in JSC "UNIVERSAL BANK"
MFI 322001
Code 2852706587
TIN 2852706587
tel. (067) 2451452