Offer Agreement

Preamble

Dear user of the website https://lovegifts.com.ua, please note that checking the “tick” symbol means that you have read and agree to the terms of use of the website https://lovegifts.com.ua, and is your acceptance of this public offer. Putting the “tick” symbol, as well as using the website https://lovegifts.com.ua in any way (including, but not limited to, placing orders for goods and services using the website https://lovegifts.com.ua, participating in bonus programs, promotions, filling out applications, forms, etc.) is your unconditional consent to all the terms and conditions specified in this public offer and is equivalent to signing an agreement by both parties. This public offer is binding on the parties. If you do not agree with the terms of this public offer, you must refrain from using the website https://lovegifts.com.ua.

Definitions and terms

1. Website (Online Store) – a website owned by the Website Owner and having the address https://lovegifts.com.ua, through which the User has the opportunity to purchase the desired product.

2. User (you) – an individual who has reached the age of 18, with full legal capacity, using this site and/or its individual tools, who has agreed to the terms of the Public Offer and has fulfilled all its conditions described below.

3. Buyer – the User who has placed an order on the website https://lovegifts.com.ua.

4. Site Administration – the administration of the online store “https://lovegifts.com.ua”.

5. Agreement – this public offer, including all its terms and conditions.

6. Goods – goods, services, other tangible and intangible objects, information about which is posted on the Site.

7. Seller – Kovalenko Igor Vasilievich, an individual entrepreneur, established and operating in accordance with the current legislation of Ukraine, located at 12 Poshtova St., Kyiv.

8. Order – the User’s request through the Site and/or by calling the hotline to the Seller with a request to order the goods, as well as the set of goods specified in the User’s order.

9. Payer – a person who pays for the User’s order.

10. Recipient – a person specified by the Payer in the order form as a person and authorized by the Payer to receive the goods. Unless otherwise specified in the Order form, the Recipient is the Payer.

11. Offer – information about the goods placed by the Seller.

1. Subject and terms of the Agreement

1.1 This Agreement regulates the procedure for the User’s access to the information posted on the Website, the procedure for using the Website, as well as the possibility of transferring such goods to the User.

1.2 This Agreement is an official and public offer. This agreement is public, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur). By using the materials and tools of the Website, the User is deemed to unconditionally and unreservedly accept (accepts) this Agreement. The User is obliged to fully familiarize themselves with the terms of this Agreement before registering on the Site and / or placing a “tick” symbol. Registration of the User on the Website means full and unconditional acceptance of the Agreement (in accordance with Articles 641, 642 of the Civil Code of Ukraine).

1.3. The Website is a platform for posting offers for the sale of goods.

1.4. Product information is displayed on the website https://lovegifts.com.ua and is dynamic. This means that the information can be updated, changed and supplemented by the Administration at any time without prior notice to the User. Any information about the product, the terms of the promotion, the price of the product, and any other rules for the provision of services are displayed on the website https://lovegifts.com.ua. The Website Administration has the right to unilaterally change the terms of this Agreement at any time. Changes come into force from the moment the new version of the Agreement is posted on the website https://lovegifts.com.ua.

1.5. This Agreement may be concluded by a legally competent User who has reached the age of 14, taking into account the peculiarities provided for in Chapter 4 of the Civil Code of Ukraine. By accepting the terms of the agreement, you confirm your legal capacity and legal capacity, assume the obligations arising from the use of the website https://lovegifts.com.ua and the conclusion of this agreement.

1.6. The date of the 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 by the Buyer 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 executed in writing.

2. Ordering procedure

2.1. The buyer independently places an order in the online store through the “shopping cart” form, or by placing an order by e-mail or by phone number indicated in the contacts section of the online store.

2.2. 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 suspicion about their validity.

2.3. The User has the right to indicate a third party as the Recipient of the ordered goods. In this case, the User is obliged to indicate in the Order form the data necessary to identify the Recipient and deliver the goods to him.

3. Price of the goods

3.1 The prices for the Goods and services are determined by the Seller independently and are indicated on the website of the Online Store. All prices for the Goods and services are indicated on the website in UAH including VAT.

3.2. Prices for the Goods and Services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of the Goods, the cost of which is paid by the Buyer in full, cannot be changed by the Seller unilaterally.

4. Rights and obligations of the parties

4.1 The seller is obliged to:

4.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.

4.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as provided by law or at the request of the Buyer.

4.2. The Seller has the right to:

4.2.1. To change the terms of this Agreement, as well as the Tariffs (prices) for the Goods and services, unilaterally by posting them on the website of the Online Store. All changes come into force from the moment of their publication.

4.3. The Buyer undertakes to:

4.3.1. Before concluding the Agreement, familiarize himself with the content of the Agreement, the terms of the Agreement and the tariffs (prices) offered by the Seller on the website of the online store.

4.3.2. Pay for the Goods in accordance with the terms of this Agreement and the order.

4.3.3. In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient to deliver the ordered Goods to the Buyer.

5. Terms of return of goods. Warranty obligations

5.1. The Buyer has the right to return to the Seller non-food goods of good quality if the goods do not satisfy him in terms of shape, size, style, color, size or for other reasons cannot be used for their intended purpose. The buyer has the right to return the goods of good quality within 14 (fourteen) days, excluding the day of purchase. Good quality goods shall be returned if they have not been used and if their presentation, consumer properties, seals, labels, and the payment document issued to the consumer together with the goods sold are preserved. The list of goods that are not subject to return on the grounds provided for in this clause shall be approved by the Cabinet of Ministers of Ukraine.

5.2. The Buyer shall be refunded the cost of the Goods of good quality within thirty (30) calendar days from the date of receipt of such Goods by the Seller, subject to the requirements provided for in clause 5.1. of the Agreement, the current legislation of Ukraine. The cost of the goods shall be refunded by postal or bank transfer. Delivery of the Goods of proper quality to the Seller’s address shall be at the expense of the Buyer and shall not be reimbursed by the Seller to the Buyer.

5.3. The warranty for the Goods is provided on the terms and during the warranty period established by the manufacturer of the Goods, and is indicated in the accompanying and operational documentation for the Goods and/or on the labeling.

5.4. In case of detection of defects in the Goods during the established warranty period, the Buyer, in the manner and within the time limits established by the legislation of Ukraine, has the right to make claims to the Seller provided for by the Law of Ukraine “On Protection of Consumer Rights”. In case of claims for free elimination of defects, the period for their elimination shall be calculated from the date of receipt of the Goods by the Seller. In this case, the delivery of small-sized Goods and Goods weighing less than 5 (five) kilograms to the Seller and their return to the Buyer shall be carried out at the expense of the latter.

5.5. Consideration of the requirements stipulated by the Law of Ukraine “On Consumer Protection” is carried out by the Seller, provided that the Buyer provides the documents provided for by the current legislation of Ukraine, including, but not limited to, a written application in the form contained on the website https://lovegifts.com.ua.

5.6. The Seller shall not be liable 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 the use or storage of the Goods, actions of third parties or force majeure.

6. Responsibility of the parties

6.1. The Parties shall be liable 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.

6.2. The Seller shall not be liable for the appearance and configuration of the Goods changed by the manufacturer.

6.3. In case of force majeure, the parties are exempt from fulfilling the terms of this Agreement. Force majeure for the purposes of this Agreement means events of an extraordinary, unavoidable unpredictable nature that exclude or objectively impede the fulfillment of this Agreement, the occurrence of which the parties could not have foreseen and prevented by reasonable measures.

6.4. The Seller’s liability for changes in the terms of the order of the goods is limited to the right of the Recipient (User, Payer) to refuse to order the goods and demand a refund of the funds paid for it (if paid).

6.5. The User is responsible for the accuracy of the data specified in the Order form. If incorrect, inaccurate and/or incorrect indication of data in the order has led to additional costs of the Seller related to the delivery of goods to the wrong address, or the delivery of goods to the wrong Recipient, all related losses and expenses shall be borne by the User. The Seller has the right to deduct the amount of such losses or expenses from the amounts paid by the Payer as payment for the goods. The User is obliged to provide all the necessary information about himself/herself for the electronic transaction.

7. Confidentiality and protection of personal data

7.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer provides the Seller with his voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other actions provided for by the Law of Ukraine “On Personal Data Protection”, without limiting the validity of such consent.

7.2. Under personal data, the Parties understand the Buyer’s specified on the website of the online store when registering or placing an Order: e-mail address, phone number or other contact details of the Buyer, the name of the Buyer’s account.

The Buyer’s e-mail address and/or phone number is used as the data for logging into the personal account on the website of the wo.ua online store, as well as for further communication with the Buyer. The account name is used to name the Buyer’s profile on the website of the wo.ua online store.

7.3. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller transfers information received from the Buyer to counterparties and third parties in order to ensure the implementation of the sale and purchase relationship, relations in the field of consumer protection, advertising and market research, etc. The Buyer also agrees to the transfer (dissemination) of his/her data to freight forwarding and courier organizations, any Banks and/or financial institutions and other third parties (without limitation) at the discretion of https://lovegifts.com.ua, as well as in cases where the disclosure of such information is required by the current legislation of Ukraine.

7.4. The Buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.

7.5. In order to delete the personal data specified by the Buyer from the website of the online store, the Buyer must send a corresponding letter to the e-mail address cooperation@lovegifts.com.ua with the subject line “Deletion of personal account data”. After identifying the sender of the letter, his personal data will be deleted from the website of the online store by the Site Administrator.

8. Information messages

8.1. By registering on the website of the online store, the Buyer gives the Seller consent to receive information messages from the Seller and its partners acting on the basis of an agreement with the Seller, using short message services (SMS) and e-mail.

8.2. At any time, the Buyer has the right to refuse to receive such mailings in the “My Account” section on the website of the online store or contact the technical support service of the Site.

9. Rules for the use of materials posted on the Site

9.1. The Website of the Online Store contains materials, trademarks (marks for goods and services), trade names and other legally protected materials, including, but not limited to, texts, photographs, graphic images, music and sound works.

9.2. All content of the Online Store website is protected by the legislation of Ukraine and international treaties.

9.3. The Buyer or any other third parties have no right to use the materials posted on the website of the Online Store, in particular: to make changes, copy, publish, transfer to third parties, etc.

9.4. All rights to the Website as a whole and to use the network address (domain name) https://lovegifts.com.ua belong to the Website Owner.

10. Term of the Agreement and the procedure for its termination

10.1. The Agreement is concluded and comes into force from the moment the Seller confirms the Order in accordance with this public offer and is valid until the parties fully fulfill their obligations, except in cases of its early termination.

10.2. Prior to the expiration of this Agreement, this Agreement may be terminated by mutual agreement of the parties and in other cases provided for by this Agreement and the current legislation of Ukraine.

11. Dispute Resolution

11.1 This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.

11.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply for a dispute resolution in court in accordance with the current legislation of Ukraine.

11.3. Such disputes shall be resolved in accordance with the current legislation of Ukraine exclusively at the place of registration of the Website Owner. Recognition by the court of any provision of this Agreement as invalid does not invalidate the rest of the Agreement and does not relieve the Website User of the obligations assumed during registration.