Public Agreement (Offer)
This agreement is an official and public offer by the Seller to conclude a contract of sale of Goods presented on the website https://www.instagram.com/lagrange.brand. This agreement is public, meaning that according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another.
By concluding this Agreement, the buyer fully accepts the terms and conditions of order placement, payment for goods, delivery of goods, return of goods, liability for unfair ordering, and all other terms of the agreement. The agreement is considered concluded from the moment the "Confirm Order" button is clicked on the order placement page in the "Cart" section and the Buyer receives order confirmation from the Seller electronically.
1. Definitions
1.1. Public Offer (hereinafter - "Offer") - a public offer by the Seller, addressed to an indefinite circle of persons, to conclude a contract for the sale of goods by remote means (hereinafter - "Agreement") under the terms contained in this Offer.
1.2. Goods or Service – the object of the agreement between the parties, which was selected by the buyer on the website of the Online Store and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.2. Online store – the Seller's website at https://www.instagram.com/lagrange.brand created for concluding retail and wholesale purchase and sale agreements based on the Buyer's acquaintance with the Seller's proposed description of the Goods via the Internet.
1.3. Buyer – a legally capable individual who has reached 18 years of age, receives information from the Seller, places orders for the purchase of goods presented on the Online Store website for purposes not related to business activities, or a legal entity or individual entrepreneur.
1.4. Seller – Limited Liability Company "FOP Pelishenko Yulia Yuriyivna" (identification code 3584708844), a legal entity created and operating in accordance with the current legislation of Ukraine, whose location is: Ukraine, Vinnytsia region, Vinnytsia district, Nemirov city, Ulanovskoho street, building 30.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance of the Agreement terms by the Buyer is considered to be the date of filling out the order form by the Buyer, located on the Online Store website, provided that the Buyer receives an electronic order confirmation from the Seller.
If necessary, at the Buyer's request, the Agreement may be executed in written form.
3. Order Placement
3.1. The Buyer independently places an order in the Online Store via the "Cart" form, or by placing an order via email or by phone number indicated in the contact section of the Online Store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer during order placement is incomplete or raises suspicions about its authenticity.
3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Buyer's last name, first name;
3.3.2. address to which the Goods should be delivered (if delivery is to the Buyer's address);
3.3.3. contact phone number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer's cart on the Online Store website.
3.5. If any of the Parties to the agreement requires additional information, they have the right to request it from the other Party. In case the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller's operator (para. 3.1. of this Offer), the Buyer undertakes to provide the information specified in paras. 3.3 – 3.4. of this Offer.
3.6. The Buyer's acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data into the registration form on the Online Store website or when placing an Order through the operator. After placing an Order through the Operator, the Buyer's data is entered into the Seller's database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.8. By concluding the Agreement, i.e., by accepting the terms of this offer (the proposed terms for purchasing the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is fully and completely familiar with and agrees to the terms of this offer;
b) they give permission for the collection, processing, and transfer of personal data; the permission for processing personal data is valid throughout the entire term of the Agreement, as well as for an unlimited period after its expiration.
In addition, by concluding the agreement, the Buyer confirms that they have been informed (without additional notification) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and also that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, enabling mutual settlements, and for receiving invoices, acts, and other documents.
The Buyer also agrees that the Seller has the right to grant access and transfer their personal data to third parties without any additional notification to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a personal data subject in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by them.
4. Price and Delivery of Goods
4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices for Goods and services are indicated on the website in hryvnias, including VAT.
4.2 Prices for Goods and services may be changed unilaterally by the Seller depending on market conditions. However, the price of a single unit of Goods, the cost of which has been paid in full by the Buyer, cannot be changed unilaterally by the Seller.
4.3. The cost of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer. The Buyer pays for the delivery of the Goods in accordance with the current tariffs of the delivery services (carriers) directly to the delivery service (carrier) chosen by them.
4.4. The cost of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer's address.
4.5. The Seller may indicate the approximate cost of delivering the Goods to the Buyer's address upon the Buyer's request by sending an email or when placing an order through the online store operator.
4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller in their account.
4.7. Settlements between the Seller and the Buyer for the Goods are carried out by the methods specified on the Online Store website in the "Payment and Delivery" section.
4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods to qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).
4.9. The Buyer or their representative, upon acceptance of the Goods, confirms with their signature on the sales receipt/ or on the order/ or on the transport delivery note that they have no claims regarding the quantity, appearance, and completeness of the goods.
4.10. Title and risk of accidental loss or damage to the Goods pass to the Buyer or their Representative from the moment the Goods are received by the Buyer at the place of delivery of the Goods upon self-delivery of the Goods from the Seller, or upon the Seller's transfer of the goods to the delivery service (carrier) chosen by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller is obliged to:
5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except in cases provided by law and during the fulfillment of the Buyer's Order.
5.2. The Seller has the right to:
5.2.1 Change the terms of this Agreement, as well as prices for Goods and services, unilaterally, by posting them on the Online Store website.
All changes come into effect from the moment of their publication.
5.3 The Buyer undertakes to:
5.3.1 Before concluding the Agreement, familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Online Store website.
5.3.2 For the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that uniquely identifies them as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return non-food goods of proper quality to the Seller if the goods did not satisfy them in terms of shape, dimensions, style, color, size, or for other reasons cannot be used by them for their intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, excluding the day of purchase.
The return of goods of proper quality is carried out if they have not been used and if their marketable appearance, consumer properties, packaging, seals, labels, and also the settlement document issued to the Buyer for payment of the Goods are preserved. The list of goods not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund of the cost of goods of proper quality to the Buyer is carried out within 30 (thirty) calendar days from the moment the Seller receives such Goods, provided that the requirements stipulated in clause 6.1. of the Agreement and the current legislation of Ukraine are met.
6.3. The cost of the goods is subject to return by bank transfer to the Buyer's account.
6.4. The return of goods of proper quality to the Seller's address is carried out at the Buyer's expense and is not reimbursed by the Seller to the Buyer.
6.5. In case of detection of defects in the Goods within the established warranty period, the Buyer personally, in the manner and within the terms established by the legislation of Ukraine, has the right to make demands to the Seller as provided by the Law of Ukraine "On Protection of Consumer Rights". When making demands for free elimination of defects, the period for their elimination is counted from the date the Seller receives the Goods into its possession and physical access to such Goods.
6.6. Consideration of claims stipulated by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller provided that the Buyer provides documents stipulated by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after its transfer to the Buyer due to the Buyer's violation of the rules of use or storage of the Goods, actions of third parties or force majeure.
6.7. The Buyer has no right to refuse goods of proper quality that have individually defined properties, if the specified goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, completeness, etc., at the Buyer's request). Confirmation that the goods have individually defined properties is the difference in the sizes of the goods and other characteristics indicated in the online store.
6.8. The return of goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the "Contacts" section.
7. Liability
7.1. The Seller is not responsible for damages caused to the Buyer or third parties as a result of improper installation, use, or storage of Goods purchased from the Seller.
7.2. The Seller is not liable for improper, untimely fulfillment of Orders and its obligations in case the Buyer provides inaccurate or erroneous information.
7.3. 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.
7.4. The Seller or the Buyer are released from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this agreement.
A Party that cannot fulfill its obligations must immediately notify the other Party thereof.
8. Confidentiality and Personal Data Protection
8.1. By providing their personal data on the Online Store's website during registration or order placement, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as the performance of other actions stipulated by the Law of Ukraine "On Personal Data Protection," without limitation of the term of such consent.
8.2. The Seller undertakes not to disclose information received from the Buyer.
The provision of information by the Seller to contractors and third parties acting under an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine, is not considered a violation.
8.3. The Buyer is responsible for keeping their personal data up to date.
The Seller is not responsible for poor performance or non-performance of its obligations due to the outdatedness of the information about the Buyer or its inaccuracy.
9. Other terms
9.1. This agreement is concluded in Ukraine and operates in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to settle a disputed issue through negotiations, the Buyer and/or the Seller have the right to apply to judicial authorities for dispute resolution in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to amend this Agreement unilaterally, as provided for in clause 5.2.1. of the Agreement. In addition, amendments to the Agreement may also be made by mutual agreement of the Parties in the manner provided for by the current legislation of Ukraine.
SELLER'S ADDRESS AND DETAILS
Individual Entrepreneur "FOP Pelishenko Yuliia Yuriivna"
Ukraine, 22800, Vinnytsia region, Vinnytsia district, Nemyriv, Ulanovskoho street, building 30
Current account UA433052990000026009034927175 at JSC "ATKB "PRIVATBANK"
MFO 305299
Code 3584708844
TIN 3584708844
Tel. +380 (093) 9499153