Public Offer Agreement
1. General Provisions
The contractual relationship between the Seller and the Buyer is formalized as a public offer. Clicking the "Place Order" button constitutes full and unconditional acceptance of the terms of this Agreement. The Agreement is public in accordance with Articles 633 and 641 of the Civil Code of Ukraine. The Buyer accepts all terms regarding order placement, payment, and delivery. The Agreement enters into force from the moment the order button is clicked and remains in effect until the goods are received and all settlements are completed. The laws of Ukraine govern the relationship between the parties.
2. Terms and Definitions
The following terms are used in this Agreement:
- Public Offer — an agreement posted on the website that is binding on the Seller.
- Acceptance — acceptance of the offer by adding a product to the cart and confirming the order.
- Product — the item listed for sale on the website.
- Buyer — a legally capable individual who intends to purchase a product.
- Seller — the entity selling products through the website.
- Order — a confirmed purchase request submitted by the Buyer.
- Legislation — the norms of Ukrainian and international law.
3. Subject of the Agreement
The Seller undertakes to transfer ownership of the selected goods to the Buyer under the terms of this Agreement, and the Buyer undertakes to accept and pay for them. The Seller guarantees that the goods are free from any pledge, dispute, arrest, or third-party claims. The Agreement is a genuine transaction concluded without coercion. The Seller holds all required permits for its activities and is liable for any infringement of the Buyer's rights.
4. Rights and Obligations of the Seller
Obligations of the Seller:
- Fulfill the terms of this Agreement.
- Process orders when the goods are in stock and payment has been received.
- Deliver the goods in accordance with the selected description on the website.
- Verify the quality and quantity of goods during packaging.
Rights of the Seller: to suspend service in the event of the Buyer's breach of the terms of this Agreement.
5. Rights and Obligations of the Buyer
Obligations of the Buyer:
- Pay for and collect the order in a timely manner.
- Review product information before placing an order.
- Upon receipt, verify the integrity and completeness of the goods, and document any damage.
Rights of the Buyer:
- Place an order on the website.
- Demand fulfilment of the terms of this Agreement.
6. Order Placement Procedure
The Buyer places an order by adding products to the cart and clicking the "Place Order" button, or by contacting the Seller via email or phone. Orders are processed within 2 business days of placement. If an order is placed on a weekend or public holiday, the processing period begins on the next business day.
7. Price and Payment
Prices are set by the Seller and shown on the website in Ukrainian hryvnia (UAH). The Seller is a single-tax payer, so VAT is not charged. The product price does not include shipping, which is calculated separately at the carrier's rates. The Buyer's payment obligation is considered fulfilled at the moment funds are received in the Seller's account. Available payment methods:
- Card payment on the website via the LiqPay payment service.
- Bank transfer to the sole proprietor's account using the details provided on the «Delivery» page.
- Cash-on-delivery by prior agreement with the Seller (with an additional carrier commission for the return of funds).
Note: your card issuer may charge an additional transaction fee when paying by card.
8. Delivery Terms
Goods are delivered via a transport or courier company. For deliveries to other cities or countries, the Buyer agrees to the carrier's terms and conditions. Receipt of the goods is confirmed by the Buyer's signature on the waybill. The Seller guarantees that goods will be dispatched in the correct quantity, with full contents, and in proper condition.
9. Returns and Refund Policy
Under the Law of Ukraine "On Consumer Protection" and Resolution No. 172 of the Cabinet of Ministers of Ukraine, perfume and cosmetic products of satisfactory quality are not subject to exchange or return. Goods of unsatisfactory quality are subject to return or exchange in accordance with Article 8 of the Law of Ukraine "On Consumer Protection" — claims regarding quality, quantity, and contents are accepted as soon as a defect is identified.
Refund of funds for defective goods:
- Refunds are processed within 14 banking days from the moment the Seller receives the returned item and confirms the identified defects.
- Refunds are issued by the same method used for the original payment (to the same bank card or account). The Seller bears any payment-service refund commission.
- Return shipping for goods of unsatisfactory quality is paid by the Seller.
Procedure details are also described on the «Returns» page.
10. Liability and Dispute Resolution
The parties are liable for non-fulfilment of the terms of this Agreement in accordance with applicable law. In the event of a dispute, the parties undertake to resolve it through negotiation, following a formal claims procedure. The response period for a claim is 7 calendar days from the date of receipt. Disputes that cannot be resolved pre-trial shall be settled in the competent court in accordance with Ukrainian and international law.
11. Force Majeure
The parties are relieved of liability for non-fulfilment of obligations (other than payment obligations) in the event of force majeure — circumstances beyond the parties' reasonable control that are unforeseeable and unavoidable. Such circumstances include: natural disasters, strikes, fires, military actions, carrier delays, and government-imposed restrictions. The party unable to fulfil its obligations must immediately notify the other party in writing and provide confirmation from the relevant authorities within 30 days. The performance period is extended by the duration of the delay. If the force majeure event persists for more than 3 months, either party may terminate the Agreement unilaterally, subject to final mutual settlement.
12. Other Terms
The Buyer's personal information is confidential and is used solely to fulfil orders, send promotional communications, and provide information about offers. By accepting this Agreement or registering on the website, the Buyer consents to the collection and processing of personal data for commercial purposes: order processing, distribution of promotional materials and information about the website's activities via telecommunications. The Seller may store, accumulate, and update data in its databases. The Seller undertakes to protect personal data from unauthorised access and not to share it with third parties, except for affiliated entities, partners, authorised representatives, and as required by government authorities. If the Buyer does not wish to receive marketing communications, they may contact the Seller by post, by email at info@luxenichestore.com or by using the unsubscribe link in any email.
13. Amendments to the Agreement
The Seller reserves the right to unilaterally amend this Agreement and to change product prices by publishing a new revision on the website. All changes take effect from the moment of publication. Any subsequent order placed by the Buyer following such changes is deemed acceptance of the new revision of the Agreement. This Agreement is concluded on the territory of Ukraine and is governed by current Ukrainian law.
14. Seller's Details
- Sole Proprietor Sokha Nataliia Serhiivna
- USREOU: 3473909127
- Legal and physical address: Ukraine, Kyiv Oblast, Yahotyn, 20 Nezalezhnosti St.
- IBAN: UA373052990000026000020141685
- Bank: JSC CB "PrivatBank"
- Phone: +380737657338
- Email: info@luxenichestore.com