PUBLIC OFFER AGREEMENT
This Agreement is the Seller`s offer to enter into the remote retail sale Agreement.
The Public Offer Agreement is public and its terms are the same for all legal entities or individuals according to Articles 633, 641, 644 of the Civil Code of Ukraine
This Public Offer Agreement is addressed to an indefinite number of persons.
By ordering any product or service on the www.millanova.com/shop website, you confirm your agreement with the terms of this Public offer.
By accessing the materials of this website, the user thereby joins this Public Offer Agreement.
This Public Offer Agreement is valid from the moment of its publication on the website until the adoption of a new version of the Public Offer Agreement.
1. Terms and definitions
In this Public Offer, unless the context otherwise requires, the following terms have the following meanings and are an integral part thereof:
2.1 The Seller sells the Goods through the Online Store. The offer on the website is addressed to an indefinite number of persons and is an invitation to enter into an Agreement. After reviewing offer, the User has the right to accept the Seller’s offer by filling in the appropriate order form and making a prepayment for the Goods. Payment by the User of the amount of funds for the Goods is considered as acceptance of the offer to purchase the relevant goods by the User on the terms specified in the offer.
2.2 By ordering the Goods in the Online Store, the User agrees to the terms of sale of the Goods posted on the website. In case of disagreement with the terms of sale, the User must immediately stop using the service and leave the website www.millanova.com/shop.
2.3 The current conditions of sale of the Goods and the information about the Goods posted on the website are a Public Offer in accordance with Article 633 of the Civil Code of Ukraine.
2.4 The current conditions may be changed by the Seller without notice to Users and Buyers unilaterally. The new version of the terms of this Agreement comes into force from the moment of its publication on the website, unless otherwise provided by the Agreement itself or current legislation.
2.5 The Agreement is considered concluded from the moment of acceptance of the offer by the User.
2.6. It is not considered as acceptance of the Seller’s offer to send by Seller by means of electrical (sms-information, e-mail, telephone, etc.) or other communication the Seller’s notification of receipt of the User’s Order and / or the terms of its receipt and / or the price of the Goods. This message is only a notice of receipt of the order by the Seller.
2.7. The moment of receipt and acceptance of the Goods by the User is the moment (depending on which came earlier):
2.8. Ownership of the Goods passes from the Seller to the Buyer at the time of transfer of the Goods. Confirmation of the transfer of ownership of the Goods is the signature of the Buyer in the invoice (receipt, delivery register, etc.) issued by the Seller, transport or courier company. The risks of loss or accidental damage to the Goods pass from the Buyer to the Seller at the time of transfer to the transport or courier company.
2.9. By informing the Seller of its telephone number and e-mail, the Buyer agrees, and in no way objects, to the use of these means of communication by the Seller and third parties involved by Seller in the performance of his obligations to the Buyer. The data may be used to disseminate information about the transfer of the order for delivery, as well as other information directly related to the fulfillment of obligations to the Buyer under this Public Offer. By placing the Order the User/Buyer agrees that the Seller may entrust the performance of the Agreement to a third party, while remaining responsible for its implementation.
2.10. The User is responsible for the accuracy/reliability of the data specified in the Order form. If the inaccurate (incorrect) indication of data in the order has led to additional costs of the Seller associated with the delivery of the Goods to the wrong address or delivery of the Goods that do not belong to the User, all related losses and costs are borne by the User. The Seller has the right to deduct the amount of such losses or expenses from the amounts paid by the User as payment for the Goods (to offset counterclaims).
3. Subject of the Agreement
3.1 The subject of this Agreement is the opportunity provided to the User to purchase the Goods presented in the catalog of the Online Store for personal needs not related to business activities.
4. Goods and the order of purchase
4.1 The Seller ensures the availability of the Goods presented in the Online Store. Pictures of the Goods are illustrations to it, and the actual appearance of the Goods may differ from them. The accompanying product descriptions and specifications are not exhaustive and may contain typographical errors. In order to clarify the information about this Product, the Buyer may at any time contact the support service.
4.2 If the Seller does not have the Goods ordered by the Buyer, the Seller has the right to exclude the specified Goods from the Order or cancel the Order by notifying the Buyer by e-mail or by contacting him by phone.
4.3 The Buyer is fully responsible for providing inaccurate data, which made it impossible for the Seller to fulfill its obligations to the Buyer.
4.4 In case of complete or partial absence of the prepaid Order, the Buyer is offered a replacement. In case of absence of the Goods for replacement, the value of the canceled Goods shall be returned by the Seller to the Buyer in the manner stipulated between the Seller and the Buyer separately or in the manner in which the Buyer paid for the Goods.
4.5 The maximum processing time and order collection is 5 days. After placing an order on the website, the Buyer is provided with information about the approximate delivery date by sending an e-mail to the address specified by the Buyer during the ordering or by phone.
4.6. In case of absence of the Goods in the Seller’s warehouse or if the ordered Goods are manufactured for a specific Buyer, then the delivery time is determined taking into account the time required by the Seller to manufacture the goods. In these circumstances, the delivery time of the Goods shall not exceed 30 working days from the date of receipt of the order. The Buyer is informed about the absence of the relevant Goods in the Seller’s warehouse by sending an information message to the Buyer’s e-mail.
5. Delivery of the Order
5.1 Methods and cost of delivery of Goods depending on the method of payment are specified in the relevant section of the online store.
5.2 The cost of delivery of each order is calculated independently by the delivery service, based on the weight of the Goods, the region and method of delivery.
5.3 Orders are sent within a period not exceeding 3-5 business (three-five) days from the date of order confirmation and if the goods are in stock. Upon delivery, the order is delivered to the Buyer or to a third party specified in the order as the Buyer or the Recipient.
In case of impossibility to receive the order by the Buyer, the order can be handed over to the person who can provide exact data on the order. During the delivery of the order, the carrier service has the right to require the presentation of a document proving the identity of the recipient.
5.4 The parcel is delivered to the warehouse of the carrier service specified by the Buyer. To receive the parcel, you must present your passport and declaration number. The declaration number is communicated to the Buyer by the e-mail address specified by the Buyer after sending the order.
5.5 Liability for accidental damage or destruction of the Goods passes to the Buyer from the moment of transfer of the order to him.
6. Price and payment for the goods
6.1. The price of the Goods is indicated in the national currency and includes all taxes provided by the Ukrainian legislation.
6.2. The price of the Goods is indicated on the webite. In case of incorrect indication of the price of the ordered Goods, the Seller informs the Buyer about it to confirm the Order with the adjusted price or cancellation of the Order.
6.3. The price of the Goods on the website may be changed by the Seller unilaterally. Thus the price for the Goods ordered by the Buyer is not subject to change.
6.4. Payment for the Goods is made by the Buyer in accordance with the conditions and tariffs specified on the page of the Online Store.
6.5. The Seller has the right to provide discounts on Goods and set a bonus program. The types of discounts, bonuses, the order and conditions of their accrual, specified on the website, may be changed by the Seller unilaterally.
7. Exchange and return of Goods
7.1 Return of the Goods is carried out in accordance with the conditions of return specified on the website on the page of the Online Store.
7.2 The Buyer has the right to refuse the received Goods and terminate the Sales Agreement in accordance with the Law of Ukraine “On Consumer Protection” within 14 calendar days. The Buyer has the right to return or exchange the goods within the period established by the Law of Ukraine “On Consumer Protection”, sending the goods to the address: Ukraine, Lviv, Ave. Chornovola 16E/27, notifying the Seller in advance. Shipping of Goods is carried out at the expense of the Buyer.
7.3 Return of Goods of proper quality:
7.3.1 Return of the Goods of proper quality is possible within 14 calendar days from the date of receipt, provided that the Goods were not in use, and were preserved: its appearance, consumer properties, labels, and payment document issued to the consumer with the sold goods. It is not allowed to apply inscriptions, addresses, etc. on the packaging.
7.3.2 In case of refusal of the Buyer from the Goods according to clause 7.3.1. of this Agreement, the Seller shall return the value of the Goods to him within 7 (seven) days from the date of receipt of the Goods. Reimbursement of the value of the Goods is made exclusively to the person specified in the Order Form for the Goods. The return is made in an agreement between the parties. Only the cost of the goods is returned to the buyer. The cost of sending the return is paid by the Buyer.
7.4 Return of Goods of improper quality:
7.4.1 Under the Goods of improper quality means the goods which cannot provide performance of the functional qualities. The difference between the elements of design, color or design from those stated in the description on the website is not a sign of improper quality of the Goods and / or the impossibility of its intended use.
7.4.2 After receiving the Order, claims to external defects of the Goods, their quantity, completeness and appearance are not accepted.
7.4.3 If the Goods of improper quality have been handed over to the Buyer, the Buyer has the right to demand a refund in accordance with the Law of Ukraine “On Consumer Protection”.
7.4.4 If the reason for the return was an error of the Seller of the Online Store, the Buyer is refunded the full cost of the order. The Seller of the Online Store also pays for the return shipping of the goods. An error of an employee of the Seller / Online Store means: sending another model; sending another size; color mismatch of the photo model (for example: instead of black, the dress turned red). This does not take into account the mismatch of the shade of the same color (bright red – coral), due to the fact that on different monitors, the same image may look different.
7.4.5 The Seller is not responsible for defects of the Goods that arose after its transfer to the Buyer as a result of violation by the Buyer of the rules of use or storage of the Goods, actions of third parties or force majeure.
8. Confidentiality and information protection
8.1 Personal data of the User / Buyer are processed in accordance with the Law of Ukraine “On Personal Data Protection”.
8.2 Personal data is collected only for the purpose of complying with the requirements governing legal relations in the field of accounting and tax accounting, advertising. The term of storage and processing of personal data is the term in accordance with the legislation of Ukraine.
8.3 By providing his personal data during registration on the website, the User agrees to their processing by the Seller, including for the purpose of promotion of goods and services by the Seller.
8.4. The Seller has the right to send informational messages, including advertising messages to the e-mail and mobile phone of the User / Buyer with his consent. The User / Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal. Service messages that inform the User / Buyer about the Order and the stages of its processing are sent automatically and cannot be rejected by the User / Buyer.
8.5 The seller has the right to use the technology “Cookies”. Cookies do not contain confidential information and are not passed on to third parties.
8.6 The Seller is not responsible for the information provided by the User / Buyer on the website in a publicly available form.
8.7 The Seller has the right to record telephone conversations with the Buyer. In this case, the Seller undertakes: to prevent attempts of unauthorized access to information obtained during telephone conversations, and / or transfer to third parties not directly related to the execution of Orders, in accordance with the Law of Ukraine “On Information”.
9. Validity of the public offer
9.1. The current Public Offer agreement comes into force from the moment of acceptance by the User / Buyer and is valid until the moment of withdrawal of acceptance of the public offer.
9.2 By ordering the Goods in the Online Store, the User agrees to the terms of this Public Offer Agreement.
10. Special terms
10.1 The Seller has the right to transfer its rights and obligations to Buyers to third parties.
10.2 The Online Store and related services may be temporarily / partially or completely unavailable due to maintenance or other technical reasons. The Technical Service of the Seller has the right to periodically carry out the necessary preventive or other work with prior notice to Buyers or without notice.
10.3 The provisions of the legislation of Ukraine shall apply to the relations between the User / Buyer and the Seller.
10.4 In case of questions and complaints from the User / Buyer, he must contact the Seller with the contacts posted on the Site. All emerging disputes the parties are obliged to try to resolve through negotiations. If the parties do not agree, the dispute will be referred to a judicial body in accordance with current legislation of Ukraine.
10.5 The parties agree that the documents are sent by e-mail, have full legal force, give rise to rights and obligations for the parties, may be submitted to the courts as appropriate evidence and may not be disputed by the party on whose behalf they were sent.
10.6 In pursuance of clause 10.5 the Seller states that for correspondence between the Parties the Seller will use the following e-mail: [email protected], and when using the specified e-mail it will be considered that such correspondence is carried out by a person who is the legal representative of the Seller and authorized to send and receive letters, documents, correspondence on behalf of the Seller, and endowed with all rights owned by the Seller. The details specified in the electronic documents are valid and correspond to the official details of the Seller.
10.7 In pursuance of paragraph 10.5 The Buyer notes that all letters that will be sent to the e-mail specified by the Buyer when placing an order for the Goods will be considered as received by the Buyer. The details specified in the electronic documents are valid and correspond to the official details of the Seller.
10.8 The Parties have agreed that if the User who has registered the Goods has a permanent place of residence, stay or place of residence in a foreign country, then the law of the state of Ukraine shall apply to the consumption contract.
10.9 An offer or advertisement for the Goods contained on the website will be deemed to be placed in the Seller’s country, and the relevant order will be accepted and processed in Ukraine.