This agreement between the Limited Liability Company 'Chateau-Pinot' (hereinafter referred to as the 'Seller') and the user of the services of the website http://chateau-pinot.com (hereinafter referred to as the 'Website') is a remote sale and purchase agreement for goods, i.e., through the Internet store (hereinafter referred to as the 'Agreement').
The present offer is an official proposal that defines the basic terms of ordering, purchasing, and delivering goods through the Seller's website. The Buyer, acting with the intention of purchasing the Goods, accepts the provisions of this Agreement on the following terms:
DEFINITION OF TERMS1.1. Public offer (hereinafter - the 'Offer') - a public proposal of the Seller addressed to an indefinite circle of persons to conclude a sale and purchase agreement for goods remotely on the terms contained in this Offer.1.2. Buyer - an individual who has entered into an agreement with the Seller on the terms set forth in this Offer.1.3. Order - the Buyer's decision to order and pay for the goods placed in the online store.1.4. Goods - models, accessories, components.1.5. Online store - in accordance with the Law of Ukraine 'On Electronic Commerce,' a means for presenting or selling goods, work, or services by concluding an electronic agreement.
GENERAL PROVISIONS2.1. The information provided below is the official Offer of the Seller to any individual to conclude a sale and purchase agreement for goods. The said Agreement is public, therefore, according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers.2.2. In accordance with Article 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of this Offer, confirming the conclusion of the sale and purchase agreement for goods on the terms proposed below, is the fact of placing and confirming the order.2.3. By placing the Order, the Buyer confirms the following:2.3.1. The Buyer is fully acquainted with and agrees to the terms of this Offer.2.3.2. When accepting (placing an order and further payment for the goods), the Buyer gives the Seller unconditional consent to collect, process, store, and use their personal data, within the meaning of the Law 'On Personal Data Protection.'2.3.3. Permission to process personal data is valid for the entire term of the Agreement and for an indefinite period after its expiration.2.3.4. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of processing orders, sending messages to the Buyer, delivering goods, and making settlements.
3. SUBJECT OF THE AGREEMENT. RIGHTS AND OBLIGATIONS OF THE PARTIES3.1. The subject of this Agreement is the Goods that the Seller undertakes to transfer to the ownership of the Buyer, and the Buyer undertakes to pay for and accept it on the terms of this Agreement.3.2. This Agreement regulates the purchase and sale of goods in the Internet store, including:
the voluntary choice of goods by the Buyer in the Internet store;independent placing of orders by the Buyer in the Internet store;payment by the Buyer for the order placed in the Internet store;processing and delivery of the order to the Buyer's ownership under the terms of this Agreement.3.3. The price for each item of the Goods is indicated on the website of the Internet store.3.4. The Seller has the right to unilaterally change the price for any item of the Goods.3.5. The Buyer has the right to confirm or cancel the Order to purchase the Goods if the price has been changed by the Seller after the Order has been placed and paid for.3.6. The Seller's change in the price of the Goods paid by the Buyer is not allowed.3.7. The Buyer's obligation to pay for the Goods is considered fulfilled from the moment the funds are credited to the Seller's account.3.8. Payment by the Buyer for the order placed in the Internet store implies full agreement by the Buyer with the terms of the sale and purchase agreement (public offer).ORDERING AND PAYMENT PROCEDURE4.1. The Buyer has the right to place an order for any product presented on the website of the Internet store and available.4.2. The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic sale and purchase agreement for goods is considered the fact of the Buyer's payment for the order on the terms of this Agreement, within the deadlines and at the prices indicated on the Seller's website.4.3. Each item can be included in the order in any quantity.4.4. In case of the Goods' unavailability in stock, the Seller is obliged to inform the Buyer (by phone or through email, messengers).4.5. In case of the Goods' unavailability, the Buyer has the right to replace it with another item, refuse it, or cancel the order.4.6. When placing an order, the Buyer undertakes to provide the following accurate information:4.6.1. Last name and first name of the Buyer or the specified recipient;4.6.2. Address to which the Goods should be delivered;4.6.3. Email address;4.6.4. Contact phone number.4.7. The name, quantity, article, and price of the selected Goods by the Buyer are indicated in the Buyer's cart on the website of the Internet store.4.8. If the Seller requires additional information, they have the right to request it from the Buyer. In case the necessary information is not provided by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the Internet store.4.9. The Buyer is responsible for the accuracy of the information provided when placing the Order.4.10. Payment is made through the Liqpay system.
DELIVERY AND TRANSFER OF GOODS TO THE BUYER
5.1. Delivery of Goods purchased in the Internet store is carried out within the territory of Ukraine by the delivery services Nova Poshta or UkrPoshta (hereinafter referred to as the 'Carrier').5.2. The order is considered shipped from the moment the Goods are transferred to the Carrier and the preparation of the shipping document.5.3. Each order is shipped with 100% insurance.5.4. The right of ownership and the risk of accidental loss or damage to the goods pass to the Buyer or their Representative from the moment of receiving the goods from the Carrier.5.5. Upon receipt of the goods, the Buyer or their Representative must, in the presence of the Carrier's representative, check the Goods for absence of damage during delivery and compliance of the Goods with qualitative and quantitative characteristics.5.6. From the moment of receiving the Goods, the Buyer or the Buyer's Representative confirms that there are no claims against the Seller regarding the quantity of the goods, its appearance, and completeness.
6. PRODUCT RETURNS
6.1. The Buyer has the right to refuse the product at any time before its transfer, and after the transfer of the product, according to the procedure and conditions specified in the Law of Ukraine 'On Protection of Consumer Rights.'
6.2. Return of a product of proper quality is possible if its appearance, consumer properties are preserved, as well as the document confirming the purchase and the conditions of the order of the said product.
6.3. The Buyer does not have the right to refuse a product of proper quality with individually defined properties if the said product can only be used by the Buyer who purchased it (personalization, order according to individual parameters). Confirmation that the product has individually defined properties is the difference in characteristics of the product indicated on the internet store.
6.4. When refunding the cost of the Product, the Seller refunds the funds in the amount of the value of such Product, excluding the Seller's expenses for the return delivery of the Product.
6.5. The refund amount specified in clause 6.4 is made within 7 working days after the Seller receives the Product.
LIABILITY OF THE PARTIES
7.1. The Seller is not responsible for the damage caused to the Buyer due to improper use of the Goods ordered on the website http://mybabybox.com.ua and purchased from the Seller.
7.2. The Seller is not responsible for improper or untimely fulfillment of Orders and obligations if the Buyer provides inaccurate or erroneous information.
7.3. The Seller is not responsible for:
slight discrepancies in the color of the product due to different color rendering on monitors, tablets, personal computers, or smartphones.
the content and accuracy of the information provided by the Buyer when placing an order;
delays and interruptions in the provision of Services (order processing and product delivery) due to reasons beyond its control;
unlawful actions performed by the Buyer using this internet access;
the Buyer providing their network identifiers - IP, MAC address, login, and password to third parties.
7.4. The Buyer, using the provided internet access, independently assumes responsibility for the damage caused by their actions (personally, even if another person was using their login) to individuals or their property, legal entities, the state, or moral principles of morality.
7.5. The Seller is not responsible for changes in the delivery times of orders, for damage or complete or partial destruction of the Product during delivery by the Carrier.
7.6. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement. The Parties make every effort to resolve any differences solely through negotiations.
7.7. The Seller or the Buyer shall be exempt from liability for complete or partial non-fulfillment of their obligations if the non-fulfillment is a result of force majeure circumstances such as war or military actions, earthquake, flood, fire, and other natural disasters occurring independently of the Seller's and/or Buyer's will after the conclusion of this agreement. The Party that cannot fulfill its obligations immediately notifies the other Party of this.
OTHER CONDITIONS
8.1. The Internet store reserves the right to unilaterally make changes to this agreement provided they are previously published on the Internet site.
8.2. The actual date of the electronic agreement between the parties is the date of acceptance of the conditions in accordance with Article 11 of the Law of Ukraine 'On Electronic Commerce.'
8.3. The use of the Internet store's resource for previewing products and for placing orders for the Buyer is free of charge.