PJSC “Edelvika” offers (suggests) to conclude Purchase-and-Sale Contract for Goods on the terms and in the order indicated below. The Buyer who intends to purchase Goods accepts the terms of this proposition when concluding this Purchase-and-Sale Contract (hereinafter referred to as the Contract) under the following conditions.
The text below is the Contract between the online store registered in the Internet under www.edelvika.com/en and owned by PJSC “Edelvika “, hereinafter referred to as the “Seller”, and the user of the online store services, referred to as the “Buyer”. The Contract determines the terms of purchase and sale of the goods by the Buyer through the webpage at the online store.
- General Terms
1.1. The following information is an official proposition (offer) to any person (hereinafter – the “Buyer”) to conclude a contract for purchse-sale of goods. This contract is public, i.e. according to Article 633 of the Ukraine Civil Code its conditions are the same for all buyers.
1.2. The conditions of this proposition (offer) define all essential terms of the Contract, and are the same for all buyers.
1.3. In accordance with Article 642 of the Ukraine Civil Code, the complete and unconditional acceptance of this proposition (offer) terms is the fact of the order registration and confirmation. It confirms the conclusion of Purchase-and-Sale Contract on the following conditions.
1.4. When the Buyer registers an order, he confirms the approval and unconditional acceptance of the terms mentioned in this proposition (offer).
1.5. When the Buyer concludes this Contract (i.e. accepts the terms of this proposition (offer) by placing an order), he confirms the following:
a) The Buyer is fully acquainted and agrees with the terms of this proposition (offer);
b) The Buyer gives permission to compile, process and transfer his personal data; the permission is valid for the whole Contract term, as well as for an unlimited period after expiry of its validity. In addition, when the Buyer concludes the Contract, he confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine “On Protection of Personal Data”; on the purposes of data compilation, and also that his personal data is transmitted in order to fulfill the conditions of this Contract, the possibility of mutual settlements, as well as for receiving invoices, certificates and other documents. The Buyer also agrees that the Seller has the right to give access and transfer his personal data to third parties without any additional communications, without thereby changing the purpose of processing personal data. The extent of the rights of the Buyer as a subject of personal data in accordance with the Law of Ukraine “On Protection of Personal Data” is known to him and understandable.
2. Terms and Definitions
2.1. The Seller – Private Joint Stock Company “Edelvika” – which is registered in accordance with the Ukrainian legislation as the legal entity and is located at: Karbysheva street 2, Lutsk 43023 Volyn region Ukraine.
2.2. Goods – the goods determined by the Seller; the description is posted by the Seller at the online store www.edelvika.com and may be accompanied by the image.
2.3. The Buyer is an active physical person (who has reached the age of eighteen) who orders the Goods from the Seller using the online service www.edelvika.com under the terms of this public proposition (offer).
2.4. An order is a Buyer’s application for the purchase of Goods addressed to the Seller; the application is processed and provided to the Seller through the online service www.edelvika.com.
2.5. The webpage www.edelvika.com is a set of data accessed via web browser and software modules that are united by a single management system registered at www.edelvika.com.
2.6. The date of purchase-and-sale is the date of Goods receipt by the Buyer or his representative at the corresponding point of delivery specified in the Buyer’s order.
3. Subject Matter of the Contract
3.1. The Seller shall sell, transfer to the Buyer’s ownership the Goods on the basis of the Buyer’s order on the terms and in accordance with the procedure established by this proposition (offer); and the Buyer shall accept the Goods and pay their value in accordance with the Contract terms.
3.2. The Seller shall deliver only the available Goods. If the ordered Goods are not in stock on the date of shipment, the Seller has the right not to execute the order on such Goods; or replace them with the similar items with the Buyer’s consent.
3.3. The Seller guarantees that the Goods are not pledged, in dispute or under arrest, and the third parties have no rights on them.
3.4. The Seller confirms that he has all necessary and required by legislation permits to perform economic activity according to the Contract terms. He also guarantees that he has the right to sell the goods without any restrictions, in accordance with the requirements of the current Ukrainian legislation and shall bear responsibility in case of the Buyer’s right violation in the process of contract terms execution.
3.5. The Buyer shall accept the terms of this proposition (offer) and conclude the Contract when placing an order by clicking on the “Order” button at www.edelvika.com or otherwise. It implies that the Buyer is acquainted with the text of this proposition (offer) and gives consent to its terms.
4. Order Procedure
4.1. The Buyer makes an order at www.edelvika.com by adding the selected items to the “Shopping Bag” and clicking on the “Add to Bag” button or otherwise to confirm this proposition (offer).
4.2. To submit the order of Goods, Buyers can be registered on www.edelvika.com or provide sufficient contact information, including payment details.
5. Price and payment terms
5.1. The Goods are sold at the prices set by the Seller on the date and time when the order is made, which includes value added tax.
5.2. Actual prices on each product can be found on the webpage www.edelvika.com. The price indicated on the webpage www.edelvika.com can be changed by the Seller unilaterally.
5.3. The cost of packing materials is included in the price of the Goods and is not subject to additional payment by the Buyers. The quantity of required packing is determined by the Seller independently, taking into account the ordered assortment.
5.4. The Buyer takes on the Goods mentioned in the order on the website, and also pays for them on terms of advance payment on the online store account, and in the way indicated at www.edelvika.com.
5.5. The total value of the order, including the value of the Goods, is due to be paid and is indicated on the webpage when the Buyer registers and places the Order
5.6. Discount cards of PJSC “EDELVIKA” clients are not valid at the time of placing an order at the online store and when receiving the Goods as the results of such an order. The discounts can be available when an electronic code is assigned. The Seller has the right to determine the terms for the electronic code assignment to the Buyer, and also the terms of its application.
5.7. The Buyer shall pay the cost of delivery according to the delivery service rates, as well as the cost of delivery upon returning the Goods.
6. Goods acceptance order. Returns Policy
6.1. The Buyer has the right to purchase the Goods at www.edelvika.com at the place of delivery indicated in the order.
6.2. The Buyer shall receive the Goods at the corresponding department of the delivery service. The Buyer can pick up the delivery himself or authorize another person to perform such actions; it can be done by means of proxy document as well.
6.3. The Buyer shall receive the Goods at the delivery service department within the terms chosen at the time of order placing and in full amount.
6.4. Returns Policy:
6.4.1. The Goods without quality claims can be returned within 14 days from the date of purchase, if the goods have not been used, are returned in the original packaging, in the complete set, in the same condition as purchased; it also should be accompanied with an original payment receipt.
6.4.2. In all other cases, including the return of defected Goods, the Seller and the Buyer are guided by the Law “On Consumer Rights Protection”.
6.4.3. The reimbursement is possible only after the Seller receives the returned goods and checks its condition.
7. The Seller’s Rights and Obligations
7.1. Upon Buyer’s consent, the Seller has the right to change prices on the Goods ordered by the Buyer, to change the range of the Goods on the date and time of shipment.
7.2. The Seller has the right to unilaterally change the order. He can also completely or partially refuse to complete the order, if the Goods are not available in stock on the date and time of shipment.
7.3. The Seller is obliged to ensure and guarantee the conformity of the Goods quality with the requirements of quality on the territory of Ukraine.
8. Buyer’s Rights and Obligations
8.1. The Buyer has the right to receive the Goods at the delivery point himself or delegate a representative. He can also refuse to accept the Goods in case of non-compliance of its characteristics with the previously ordered goods. He can use other rights in accordance with the current legislation of Ukraine.
8.2. The Buyer has to provide the Seller with credible, true and correct information when he registers at www.edelvika.com, to pay for Goods in accordance with the settlement and shipping documents and the price mentioned in them, and to pay bank fees and payment systems fees.
9. Responsibility of the Parties
9.1. The Seller is not liable for the damage caused to the Buyer because of the improper use of the Goods pre-ordered on the website www.edelvika.com and purchased from the Seller.
9.2. The Seller is not responsible for improper, untimely orders’ processing and is free from his obligations in case the Buyer provides incorrect or false information.
9.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Contract.
9.4. The Seller or the Buyer is released from liability for total or partial non-fulfillment of their obligations if the failure is due to such irresistible circumstances as: war or military actions, earthquake, flood, fire and other natural disasters, acts or actions of state authorities, change of customs rules, restrictions on import and export, arising independently of the will of the Seller and / or the Buyer after the conclusion of this Agreement. The Party that is unable to meet its obligations shall immediately notify the other Party, thereof provide documents confirming the existence of such circumstances issued by the authorized bodies.
10. Term of the Contract
10.1. The contract is considered to be concluded from the time of registration and confirmation of the order by the Buyer on the website www.edelvika.com, and is valid until the acceptance and full payment of the Goods by the Buyer.
10.2. A unilateral change of the terms of this Contract is not allowed, except for changes in the price and product range etc. by the Seller, as specified in this Contract.
11. Informational Messages
11.1. When the Buyer registers at www.edelvika.com, he gives the Seller his consent to receive informational messages from the Seller and his partners who act on the basis of the Contract with the Seller and use Short Message Service (SMS and mobile applications such as Viber, WhatApp, Imessage, Telegram and e-mail.
11.2. The Buyer has the right to refuse to receive such messages any time by sending an email to edelvikashop@gmail.com.
12. Intellectual Property Rights
12.1. The website www.edelvika.com contains materials, trademarks, trade names and other materials protected by law, including, but not limited to, texts, photographs, and graphic representations.
12.2. All content on the website www.edelvika.com is protected by the legislation of Ukraine.
12.3. The Buyer does not have the right to use the materials available on the website www.edelvika.com such as to copy and to use photos for the purpose of reselling such goods to third parties, without the written permission of the Seller; to make changes, to publish, to transfer to third parties, to take part in the sale or retreat, to create derivative products, etc.
13. Other Terms
13.1. The Buy-Sell Contract concluded in accordance with this business proposition is considered to be settled on the territory of Ukraine and is executed within the framework of the Ukrainian legislation.
13.2. The Buy-Sell Contract enters into force after order placement and confirmation, and is valid until the Parties fully comply with their obligations.
13.3. In case, any clause or any part of the Contract concluded in accordance with this business proposition is annulled, the Contract itself remains valid as a whole.
13.4. Any dispute that might arise between the Buyer and the Seller is negotiated. In case of failure to resolve the dispute, the Buyer or the Seller may apply to the judicial authorities in accordance with the applicable law.
13.5. The Seller has the right to make changes to the text of this business proposition at his own discretion any time and without prior notice to the Buyer. The current (effective) version of the offer is always available on the website www.edelvika.com.
13.6. The absence of a copy of the Contract signed by the Seller and the Buyer, concluded in accordance with this business proposition, in print, is not the reason for the recognition of this Contract as not concluded. When the Buyer confirms the order on the website www.edelvika.com, he accepts the Goods (in accordance with Article 642 and Chapter 54 of the Civil Code of Ukraine). This is the moment of entry into force of the Buy–Sell Contract.
13.7. In case of complaints / offers, the Buyer can reach us on the phone:
+380673438607
or write an e-mail on edelvikashop@gmail.com
PJSC «EDELVIKA»
Karbysheva str., 2, Lutsk, Volyn region Ukraine
43023
EDRPOU 20134458
Tax number: 201344503178
VAT registration 100284190
IBAN: UA023052990000026009040801263
«PrivatBank» MFO 303440