Public Agreement (OFFER)
This public agreement (offer) (hereinafter - the Agreement) is an official proposal (public offer) to individuals to conclude an agreement for ordering and purchasing goods available in the "Parada" online store with the administrator (individual entrepreneur Shcherbatova Liudmyla Vitoldiivna, TIN 2250009866, as well as other business entities that interact with the sole proprietor on a contractual basis).
A person who orders goods (hereinafter - the Buyer) is considered to have accepted the terms of the Agreement in full, without any restrictions, reservations, or exceptions, from the moment of its acceptance, namely, placing a request for ordering the Goods.
In case of disagreement with the terms of this Agreement by the Buyer, the latter is obliged not to take actions aimed at ordering the Goods, including its manufacture, and orders are subject to automatic cancellation.
In accordance with Articles 205, 633, 634, 638-642 of the Civil Code of Ukraine, if the terms set forth in the Agreement are accepted by sending a request for ordering the Goods, the person who accepts the Agreement becomes the Buyer (acceptance of the Agreement is equivalent to concluding/signing the Agreement on the terms set forth in this public agreement (offer)).
1. TERMS AND DEFINITIONS
1.1. Online store - a store with a presented assortment on the Internet, where direct sales of goods to the consumer take place. At the same time, the placement of consumer information, ordering goods, and the transaction all take place within the network (on the online store's website).
1.1. Insta-store - a store with a presented assortment on social media, where direct sales of goods to the consumer take place. At the same time, the placement of consumer information, ordering goods, and the transaction occur both through private message exchange within the network and through any communication channel that connects the Seller with the potential Buyer.
1.2. Online store/Shop - an online store, insta-store, store on social networks such as Facebook, TikTok, and others, information placed in channels, chats, and messenger groups, as well as in public messenger groups where goods can be ordered.
1.3. Order – a properly formatted and placed request by the Buyer via the Website/Page/Messenger for the purchase or ordering, and manufacture of selected Goods.
1.4. User – a person viewing information on the Page.
1.5. Messenger – a system for exchanging instant messages, photos, videos, audio recordings, and for group chats, created on the basis of Facebook or Instagram platforms and linked to the "Parada" online store Page, as well as other independent instant messaging systems linked to the phone number of the owner and administrator of the "Parada" insta-store. Such messaging systems include Viber, WhatsApp, Telegram, Signal, and others.
1.6. Buyer – a person who intends to purchase Goods and has sent an order to the Seller via the Website/Page/Messenger.
1.7. Website - the website of the online store, located on the Internet, as well as relevant pages on social networks that lead to the website pages or sell products with a similar assortment under the administration of the Seller. For the purposes of this Agreement, such a website is located on the Internet at the link http://www.parada-ua.com/ua/.
1.8. Social Network Page (Page) - pages on social networks "Instagram" (https://www.instagram.com/parada_boutique), "TikTok" and "Facebook", in instant messaging programs Viber, WhatsApp, Telegram, Signal and others, where information about the "Parada" online store's goods is posted.
1.9. Goods - goods offered for sale by the Seller, the image and/or description of which is posted on the Website and Pages.
- General Provisions
2.1. The Agreement is an offer from the Seller addressed to an indefinite number of persons and contains all essential terms for concluding an electronic goods sale and purchase agreement under the conditions defined below.
2.2. By accepting, the Buyer certifies their full and unconditional agreement with all provisions and rules of this Agreement and the policies, rules, and other pages of the Website/Page, without any exclusions or limitations, and confirms that they are familiar with its terms before the moment of Acceptance.
2.3. The moment of Acceptance is one of the following actions:
2.3.1. sending an Order to the Seller using the information system of the Website or Page;
2.3.2. confirming the order in the Messenger dialog box and through any communication channel that connects the Seller with the potential Buyer.
2.4. The electronic agreement for the sale and purchase of Goods is considered concluded from the moment the Seller receives an order placed by the user with the selected Goods or the completion of the dialogue in the dialog window connected to the Website, social media page, or Messenger. The dialogue in such a messenger must contain all the details inherent in an Order - the name of the Goods, its price, payment, and delivery terms.
2.5. The fact of receiving an Order through the Website is confirmed by the Buyer receiving an email to the email address or a call to the phone number indicated by the Buyer during registration.
2.6. If the ordering of Goods occurs through message exchange on the Page or in Messengers, the receipt of the Order is confirmed by the Buyer receiving a corresponding message in the correspondence on the Page or in the Messenger about the formation and acceptance of such Order for execution.
- Subject of the Agreement
3.1. The Seller undertakes to sell based on an Order placed by the Buyer through the Website/Page or any other communication channel, and the Buyer undertakes to accept the Goods and pay their cost.
3.2. This Agreement, among other things, also regulates the following issues:
3.2.1. the Buyer's selection of Goods and placement of Orders;
3.2.2. the Seller's processing of Orders and delivery to the Buyer;
3.2.3. terms and procedure for the Buyer's payment for the ordered Goods;
3.2.4. consent to the processing of personal data and policies for the use of such data;
3.2.5. any other terms and conditions determined by the Seller at its sole discretion.
- Order Placement Procedure
4.1. Before placing an order, the Buyer carefully reviews the description of the Goods on the Website/Page and makes a decision to order. The online store administration hereby confirms that all information about the Goods specified in the description of the Goods and its characteristics available on the Website/Page corresponds to the actual description of the Goods. Placing an order on the Website/Page is evidence that the Buyer has familiarized themselves with such description and has assumed the risks of such a purchase, especially regarding the choice of sizes and measurements. If the information is insufficient for making a purchase, or the stated size of the Goods does not meet the Buyer's requirements and expectations, the Buyer must refrain from further actions aimed at ordering the Goods.
4.2. The Buyer independently places an Order on the Website by adding selected Goods to the virtual cart by clicking the appropriate button on the Website, or by sending a corresponding request message in the Messenger.
4.3. The Buyer is responsible for the accuracy of the data specified in the Order. In the event that inaccurate (incorrect) data in the order led to additional costs for the Seller, related to the incorrect choice of the size of the Goods, delivery of the Goods to the wrong address, or issuance of the Goods that do not belong to the recipient, all related losses and costs are borne by the Buyer. The Seller has the right to withhold the amount of such losses or costs from the amounts paid by the Payer as payment for the Goods.
4.4. After receiving an Order during the online store's operating hours (the store's operating hours can be found at http://www.parada-ua.com/ua/shipping-returns), online store managers contact the Buyer to clarify the order and provide payment details.
4.5. In the event that after placing an Order, it turns out that one or more items from the Order are not in the Seller's warehouse, or their manufacture is difficult, the Seller contacts the Buyer to clarify the Order.
4.6. If the Buyer does not respond within 3 (three) calendar days[2] using the contact details specified in the Order (Clause 4.4 of the Agreement), or does not agree to receive the Order without items that are currently out of stock with the Seller (Clause 4.5 of the Agreement), the Seller has the right to cancel the Order and remove it from the system, notifying the Buyer accordingly through a message or other available communication channel with the Buyer.
4.7. The completion of the order formation constitutes acceptance of this public agreement.
- Price of Goods and Payment
5.1. The price of the Goods is determined by the Seller at its discretion and is indicated on the relevant web page of the Website, in relevant stories, social media posts, or in the Messenger.
5.2. The cost of an Order is determined by adding the prices of all selected Goods placed in the virtual cart. The price of delivery may be added to the order price if such a technical possibility exists on the Website and such payment was chosen by the Buyer. Appropriate discounts/savings (if any) may be applied to the cost of the Order.
5.3. The cost of the order is not subject to revision by the Buyer.
5.4. Payment for the Goods is made by the Buyer in the amount corresponding to the total cost of the Order, indicated on the web page or in a message in the messenger's dialog window before completing the Order, taking into account all discounts/savings. If during further processing of the Order it is found that the Goods are out of stock or additional costs need to be added, the Seller will additionally agree on the amount of the Order with the Buyer.
5.5. The cost of the Order may vary depending on the price, quantity, or nomenclature of the Goods.
5.6. The Buyer pays for the ordered Goods within 48 hours using the details provided by the Seller.
5.7. Payment for the Goods is made in hryvnia.
5.8. If payment for the ordered Goods is not made within the period specified in clause 5.6 of the Agreement, the order will be canceled, and the Buyer may reorder if desired.
5.9. The Seller has the right to provide discounts on Goods and implement loyalty programs. The types of discounts, bonuses, procedures, and conditions for their accrual are indicated on the Website/Page and may be changed by the Seller unilaterally.
5.10. The Seller may independently provide a discount on the ordered Goods, of which the Buyer is notified.
5.11. For delivery payment, unless otherwise stated on the payment terms page, the following rules for delivery payment and recalculation commission apply:
5.11.1. Payment for delivery to Nova Poshta branch is paid by the Buyer;
5.11.2. Bank transfer commission is paid by the Buyer.
5.12. The Seller may sell goods with defects or other shortcomings at reduced prices. Goods purchased at a discount due to defects or other shortcomings are not subject to return.
- Terms of Order Fulfillment, Delivery, and Receipt
6.1. In the event that the delivery of Orders is carried out by delivery services (hereinafter – Carrier Companies/Postal Operators), by accepting this Public Offer, the Buyer fully and unconditionally agrees to the Rules for cargo transportation of Carrier Companies. The terms of these Rules can be found on the websites of the respective Carrier Companies.
6.2. Shipment and delivery of Goods are carried out exclusively by the postal operator "Nova Poshta" (https://novaposhta.ua/).
6.3. The fact of receipt of the Order with the selected Goods and the absence of claims regarding the quality of the Goods delivered by the Carrier Companies is confirmed by the Buyer's receipt of these Goods from the carrier company and payment for such delivery with their own signature on the waybill/express waybill, and/or on the invoice at the moment of receiving the Order.
6.4. The Buyer is obliged to inspect the Goods at the Carrier Company's branch or in the presence of the courier and verify its conformity with the ordered nomenclature.
6.5. The Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified by the Buyer in the Order, complete according to the Order, in proper condition and quality.
6.6. Delays in delivery are possible due to unforeseen circumstances arising under conditions beyond the control of the Seller and/or the Carrier Company.
6.7. During delivery, the Order is handed over to the Buyer or a third party specified in the Order as the recipient (hereinafter both the Buyer and the third party are referred to as - "Recipient"). In this regard, the Parties have agreed that in relations between the Buyer and the Seller, the person who placed the order is the proper party in these legal relations, regardless of who made the payment and receives such a shipment.
6.8. In case the Recipient is unable to receive the Order, the Order may be handed over to a person who can provide information about the Order (shipment number, Recipient's full name), as well as pay the full cost of delivery of the Order or provide a document certifying its payment.
6.9. In case the Recipient refuses to accept the Goods, the Goods are returned to the Seller, and the order is canceled. Reverse delivery costs are reimbursed by the Buyer[3].
6.10. The risk of accidental damage to the Goods passes to the Recipient from the moment the Order is handed over to them and the Recipient signs the documents confirming the delivery of the Order.
6.11. All questions that arise during the payment and receipt of Orders can be clarified by the Buyer using the Seller's contact details in the contacts section in a way convenient for the Buyer.
6.12. When re-ordering after a certain period of time, the color and size of the ordered Goods may have insignificant differences, of which the Buyer is considered to have been warned, and claims in this regard are not accepted.
- Return of Orders
7.1. Upon receipt of Goods from any postal operator, the Buyer is obliged to check the external integrity of the packaging, then open it and directly at the postal operator's office, ensure the proper external condition of the Goods (absence of mechanical damage) and the completeness of its packaging.
7.2. In case of at least one of the listed shortcomings, the Buyer is obliged to record it in a drawn-up Act of detected shortcomings of arbitrary form. The Act must be signed by the Buyer and the representative of the postal operator through which the ordered Goods were delivered. If possible, the shortcomings should be recorded by photo or video. After signing the Act of detected shortcomings, the Goods are returned to the person who delivered the Order.
7.3. The fulfillment of clauses 7.1 and 7.2 of the Agreement is mandatory for further consideration of claims regarding the Goods. Any claims regarding the integrity and completeness of the goods without fulfilling clauses 7.1 and 7.2 of the Agreement are not considered by the Seller.
7.4. In case of detecting defects in the Goods within 14 days from the moment of receiving the Goods and preserving its marketable appearance, packaging, etc., the Buyer is obliged to notify about such defects with mandatory photo and video fixation of such defects. The absence of photo and video is a reason for refusing to consider such claims. [4]
7.5. After reviewing the photo and video evidence, the Seller sends the Buyer a return form, which the Buyer must fill out and send to the Seller's email at mod@ua-parada.com or via Messenger.
7.6. The application, specified in clause 7.5 of the Agreement, shall include, among other things, the following information:
- reasons for returning the Goods;
- full name;
- TIN of the person applying for the return;
- full bank details of the person who paid for the purchase (IBAN account and bank MFO);
- dates when the funds were transferred and the amount of such payment.
7.7. The Buyer sends the Goods, which have been agreed upon with the Seller for exchange or return, via the postal operator "Nova Poshta". The shipment is made at the Buyer's expense to the "Nova Poshta" branch specified by the Seller. Shipments to other branches are not accepted by the Seller. [5]
7.8. Based on the results of the claim review and after receiving the Goods, the Seller may offer the following options:
7.8.1. a discount on the purchased Goods;
7.8.2. exchange of the Goods for available ones;
7.8.3. refund.
7.9. Refunds are made within 3 banking days and exclusively to the bank details of the person from whom payment for the ordered Goods was made.
- Liability of the Parties
8.1. In case of violation of the terms of payment for services, the Seller has the right to terminate the Agreement unilaterally.
8.2. The Seller is not responsible for the quality of public communication channels and interruptions in the data transmission network, including the global Internet, through which access to Managers and the Insta-shop is carried out.
8.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those concerning its performance, violation, termination or invalidity, that have not been resolved through negotiations, shall be resolved in the appropriate court in accordance with the current legislation of Ukraine.
- Force Majeure
9.1. The Parties are released from liability for untimely or improper performance of obligations under the concluded electronic purchase and sale agreement if the non-performance is a consequence of extraordinary circumstances, the occurrence of which is not related to the will of the Parties, such as military actions, strikes, riots, accidents, natural disasters, changes in the legislation of Ukraine, as well as other extraordinary circumstances that arose after the conclusion of this Agreement and directly affect the performance of the terms of this Agreement and which the Parties could not foresee or prevent by reasonable actions.
9.2. The Buyer, for whom the performance of obligations became impossible due to the occurrence of force majeure circumstances, must immediately inform the other Party in writing about the occurrence of the aforementioned circumstances, and also, within 30 (thirty) calendar days, provide the other Party with confirmation of the force majeure circumstances.
- Term of the Agreement
10.1. The Agreement is valid for 2 (two) months from the date of placing the Order or for another period specified on the Website page.
10.2. The Seller and/or the Site Administrator has the right to unilaterally terminate this Agreement in case of the Buyer's non-fulfillment of their obligations under this Agreement.
10.3. The Seller and/or the Site Administrator may unilaterally change the terms of this Agreement. In case of disagreement with the changed terms, the Buyer has the right to unilaterally terminate the Agreement.
- Other Terms
11.1. The photographs of the Product contained on the Website pages are simple illustrations and may differ from the actual appearance of the Product. The descriptions/characteristics accompanying the Product do not claim to be exhaustive and may contain typos. In any case, the information indicated on the Website/Page pages is exhaustive and the Seller has no other additional information. The absence of such information is a reason for refusing to purchase the Product.
11.2. The Seller may audio-record conversations using appropriate telecommunication equipment. The Seller may not warn about the fact of audio recording by verbal warning. Such recording may be made by the Seller to exercise the Seller's rights and legitimate interests, as well as to improve the quality of services, etc. The Seller is guided by the statement that a potential Buyer/Buyer who disagrees with the audio recording of the conversation has the opportunity not to continue communication with the Seller's representative at any time.
11.3. The warranty period for the Product is one month from the date of receipt of the Product by the Buyer.
- Intellectual Property Rights
12.1. All rights to the content posted on the Website pages, social media pages, messengers, as well as to all materials belong to the Seller or its partners who have given the Seller consent to post such materials.
12.2. Intellectual property rights to the materials used on the Site and Page, including, but not limited to, images, videos, logos, graphics, sounds, belong to the Seller.
12.3. The specified content may be used in the following ways: by familiarizing oneself with it (by viewing, reading, listening, other familiarization depending on the type of Content, as well as by reproduction exclusively for personal purposes).
12.4. It is strictly forbidden to use content from the Website and Page without the consent of the owner or administrator of the page for posting on other social media pages or websites on the Internet.
12.5. All content materials (photos, videos, images, drawings, etc.) provided by the Seller to the Buyer during the interaction are the result of the Seller's intellectual activity.
12.6. The Buyer agrees to the use of their photo/video image, feedback on the purchased product, and other data obtained by the Seller during the sale of the Product. If the Buyer disagrees with the use of their image or other data, they must inform the Seller about it.
- Personal Data Processing Disclaimer
13.1. Personal data is processed in accordance with the Law of Ukraine of June 1, 2010 No. 2297-VI "On Personal Data Protection" and the Privacy Policy.
13.2. Personal data provided by the Buyer is processed "as is" during order processing, which includes, but is not limited to: surname, first name, gender, contact phone number, city, delivery department, delivery address (in case of goods delivery services), and email address.
13.3. The processing of the Buyer's personal data is carried out in accordance with the legislation of Ukraine. The Buyer grants the Seller the right to process their personal data in connection with the provision of services stipulated by this Agreement, including for the purpose of receiving promotional messages about the goods sold by the online store. Therefore, the processing of the Buyer's personal data is carried out in connection with the performance of the contract concluded on the terms of this Offer, the Buyer's consent to the processing of their personal data is not required. The period of use of the provided personal data is indefinite. The Buyer guarantees and is responsible for the fact that the data specified in the Order is voluntarily provided by them and/or third parties during the order placement and all these persons are familiar with and agree to the Offer.
Online store "Parada"
Individual Entrepreneur Shcherbatova Lyudmila Vitoldiyivna
RNOKPP: 2250009866
e-mail: mod@ua-parada.com