TERMS OF USE FOR THE ONLINE STORE
The public offer agreement is an official proposal by the individual entrepreneur Andrii Harmatiuk, who is registered in accordance with the current legislation in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations (hereinafter referred to as the "Seller") to any person who accepts (accepts) this proposal (hereinafter referred to as the "Buyer") to enter into a Purchase and Sale Agreement for Goods remotely under the conditions provided by this offer by placing an order on the Internet store on the website www.tkach.clothing (hereinafter referred to as the "Online Store").
This agreement comes into effect in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine, and its terms are the same for all Buyers.
The use in any form of the Internet store website, including ordering goods, creating and using a personal account, participation in bonus programs, promotions, filling out applications, forms, etc., implies that the Buyer has read the terms of the Public offer and accepted (accepted) them in full. The Public offer is binding and must be complied with. In case of disagreement of the Buyer with the terms of this Public offer, the Buyer should refrain from using the website of the Online Store.
The concepts and terms used in this Agreement are used in the meanings defined by the current legislation of Ukraine.
These Terms may be amended, so we recommend periodically checking their relevance since at the time of your use of the website or placing an order, the Terms in effect at that moment apply.
1. TERMS AND DEFINITIONS:
1.1. Agreement - a distance purchase and sale agreement concluded between the Seller and the Buyer (customer) through means of remote communication.
1.2. Online Store - an online store located on a website owned by the Seller and having the address www.tkach.clothing, where the Goods offered for sale, payment terms, delivery, and return conditions are presented.
1.3. Order - a properly executed and placed expression of will by the Buyer (customer), aimed at concluding a purchase and sale agreement for the Goods offered for sale by the Seller through the online store.
1.4. Buyer (customer) - an individual or legal entity that orders or intends to order or purchase products and possesses the necessary legal capacity and authority to enter into purchase agreements, order Goods.
1.5. Seller - a business entity that, under the agreement, sells Goods to the consumer or offers them for sale.
1.6. Website - a website located on the Internet at www.tkach.clothing.
1.7. Goods (products) - a range of bed linen presented in the online store, the remote sale of which is not prohibited in the online store. The Seller allows the Buyer to view images (photographs) of the Goods, accompanied by information about the main characteristics and price of the products (Goods).
1.8. Delivery Service - third parties that provide delivery services for Orders to the Buyer.
2. SELLER'S NAME, CONTACT DETAILS.
2.1. The online store located at www.tkach.clothing is owned by individual entrepreneur Harmatiuk A.V. (EDRPOU code - 3105609715), legal address - 74a Proskurivska Street, Business Center Luxury, Khmelnytskyi, Ukraine.
2.2. The customer can contact the Seller, who manages the online store, using the following methods:
2.2.1. By the physical address of the online store www.tkach.clothing: 74a Proskurivska Street, Business Center Luxury, Khmelnytskyi, Ukraine.
2.2.2. By phone: +380 98 8090700.
2.2.3. By email at: hello@tkach.clothing.
3. GENERAL TERMS OF USE OF THE TKACH.CLOTHING ONLINE STORE.
3.1. By registering on the website of the online store or placing orders for Goods through the online store, the Buyer confirms their full and unconditional agreement with all the provisions and rules posted on this website.
3.2. Only individuals aged 18 or above may use the online store. The Buyer must possess the necessary legal capacity and authority to enter into a purchase and sale agreement for Goods through the website. By registering on the website of the online store, you guarantee that you are of legal age and have the necessary legal capacity to use the website of the online store.
3.2. Any person under the age of 18 may use the online store only with the consent of their parents or legal guardians.
3.3. Please note that the photographs accompanying the Goods are simple illustrations and may differ from the actual appearance of the Goods. The description and characteristics accompanying the Goods provide basic but not exhaustive information about the Goods.
3.4. By confirming the order, the Buyer agrees that they have been properly informed by the Seller in accordance with the requirements of Part 2 of Article 13 of the Law of Ukraine "On Consumer Protection" about:
3.4.1. The name and location of the seller.
3.4.2. The procedure for submitting claims.
3.4.3. The main characteristics and properties of the selected Goods.
3.4.4. The price of the Goods and payment conditions.
3.4.5. The procedure for contract termination.
4. SUBJECT OF THE AGREEMENT
4.1. The Seller undertakes, under the conditions and in the manner determined by this Agreement, to transfer ownership of the Goods to the Buyer through the online store, using a remote method, and the Buyer undertakes, under the conditions and in the manner determined by this Agreement, to accept the Goods and pay the price for it.
4.2. The Seller guarantees that the Goods are not pledged, subject to dispute, arrest, or any third-party rights.
4.3. The Seller and the Buyer confirm that this Agreement is not fictitious, simulated, a transaction made under duress or deception.
4.4. The Buyer uses the information and technical capabilities of the online store's website at their own risk and without any warranties from the Seller.
5. REGISTRATION ON THE WEBSITE
5.1. Registration on the website is done by creating an account. After registration on the website, the Buyer gains the ability to use the Account.
5.2. The Buyer is personally responsible for the accuracy, correctness, and truthfulness of the information provided by the Buyer during registration on the website.
5.3. Everyone who registers and makes purchases on the website of the online store provides their personal data and agrees to their processing by the Seller in accordance with the terms determined by the Privacy Policy.
5.4. During registration and account creation, the Buyer accepts the terms of the Privacy Policy and the Terms and Conditions of the website by clicking the "Create Account" button.
6. ORDERING AND PURCHASING PROCEDURE OF GOODS IN THE ONLINE STORE
6.1. The Buyer places an order for the Goods through the online store or with the assistance of the online store operator.
6.2. The Buyer is responsible for the accuracy of the information provided during the order placement.
6.3. The Buyer has the right to place an order for any Goods presented on the website of the online store as available.
6.4. If the Goods are unavailable in stock or the order cannot be processed for any other reason, the Buyer will be notified by email or phone about any issues with order processing and possible solutions. In such a case, the Seller has the right to refuse order placement and delivery of the Goods.
6.5. In the absence of the Goods, the Buyer has the right to replace it with a similar product, refuse the specific Goods, or cancel the order.
6.6. The Seller's obligation to deliver the Goods to the Buyer arises from the moment the order confirmation is sent to the Buyer.
6.7. The ownership rights to the Goods transfer to the Buyer upon delivery of the Goods to the Buyer.
6.8. The delivery time of the Goods to the Buyer is agreed upon by the Parties in each specific case and documented in the order confirmation.
6.9. The Seller has the right to refuse order processing and fulfillment if the Buyer has failed to collect the Goods from the delivery two or more times, if the Buyer refused to accept the Goods without reasonable grounds in the case of courier delivery, or if the courier was unable to deliver the Goods on three occasions, in which case it will be considered that the Buyer wishes to terminate the Agreement.
7. COST OF GOODS AND PAYMENT METHODS FOR ORDERS
7.1. The price of the Goods is specified by the Seller and is available on the website of the online store.
7.2. The Seller has the right to unilaterally change the price of the Goods. In the event of a price change, the Seller undertakes to inform the Buyer about it.
7.3. Prices in the online store catalog are indicated in Ukrainian Hryvnia per unit of Goods.
7.4. The total cost of the order consists of the overall price of the Goods indicated in the catalog.
7.5. The cost of the ordered Goods is paid by making a prepayment or payment upon receipt of the order.
7.6. The Goods ordered by the Buyer are paid for by non-cash or cash payment upon receipt.
7.7. Payment is made through the Liqpay system, payment cards, the Privat24 system, payment cards via a mobile terminal, or in cash upon receipt of the goods at the courier service branch.
7.8. The cost of the Goods ordered through the online store does not include the cost of delivering the Goods to the Buyer's address.
7.9. The Buyer is obligated to pay for the ordered Goods within the agreed-upon timeframe during the order placement.
7.10. In the case of non-cash payment, the Buyer's obligation to pay for the Goods is considered fulfilled from the moment the money is credited to the Seller's current account.
7.11. If the order is canceled by the Buyer or sent by the Seller before the order is fulfilled, the cost of the Goods is subject to refund.
8. DELIVERY OF GOODS
8.1. Goods are delivered only within the territory of Ukraine. The Goods are delivered by a courier service chosen by the Seller.
8.2. If payment for the Goods upon delivery is selected, order processing begins immediately after its placement.
8.3. In the case where the Buyer has chosen delivery to a specified address and the selected Goods are in stock, the delivery time is from 2 (two) to 3 (three) business days after successful order placement (depending on the region and type of delivery). The delivery time may be longer for sales at discounted or promotional prices or during special campaigns. The delivery time may be extended by the Seller unilaterally for various reasons, of which the Seller informs the Buyers on the website of the online store.
8.4. The cost of delivery is paid separately by the Buyer and is not included in the price of the Goods. The delivery fee is determined according to the conditions of the delivery service provider, based on their current rates.
8.5. The risk of accidental loss or damage to the Goods passes to the Buyer from the moment they receive the Goods.
9. EXCHANGE AND RETURN POLICY OF GOODS
9.1. In the event of purchasing a defective product, the Buyer has the right to replace the Goods or receive a refund in case of significant defects caused by the manufacturer.
9.2. Within 14 days, the Buyer has the right to exchange the Goods of proper quality for a similar one if the Goods do not match in shape, dimensions, style, color, or cannot be used for their intended purpose, provided that the Goods have not been used and their original appearance, consumer properties, seals, factory packaging, and accompanying documents have been preserved.
9.3. If a similar replacement product is not available at the time of exchange, the consumer has the right to purchase any other Goods, receive a refund equal to the value of the returned Goods, or replace the Goods with a similar one as soon as the corresponding Goods become available for sale. When issuing a refund, the calculations with the consumer are made based on the value of the Goods at the time of purchase.
9.4. The return of Goods of proper quality is carried out at the expense of the Buyer and is organized by the Buyer independently.
9.5. The Seller may refuse to exchange the Goods or issue a refund in the following cases:
9.5.1. The Goods do not have significant defects and are not new, i.e., they have been used before.
9.5.2. More than 14 days have passed since the purchase of the Goods.
9.5.3. Signs of third-party interference (opening, attempted repair) or violation of other warranty service conditions are found during the quality inspection of the Goods.
9.5.4. The document confirming the purchase of the Goods or the complete set of the Goods is missing.
9.5.5. The Goods have initials, dates, and images proposed by the Buyer.
9.5.6. The Goods were produced based on an individual order from the Buyer.
9.5.7. The Goods are included in the List of Goods of proper quality that are not subject to exchange (return), approved by Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994, No. 172.
10. OPERATIONAL PERIOD, WARRANTY PERIOD, AND CLAIMS PROCEDURE
10.1. The operational period for any Goods is at least 1 year.
10.2. The warranty period for any Goods is set to 30 days.
10.3. The warranty period for seasonal Goods is calculated from the beginning of the respective period:
10.3.1. Spring-Summer season - from April 1st.
10.3.2. Autumn-Winter season - from October 1st.
10.4. Complaints (claims) regarding defects in the Goods can be submitted within 30 days from the moment of purchase. A complaint can only be filed if the defect is identified during the warranty period and the defect results in non-compliance of the Goods with the terms of the Contract (specified on this website). Differences in design elements or appearance from those stated in the description on the website are not considered indications of defective Goods.
10.5. Upon delivery of the Goods, the Buyer should inspect the external condition of the Goods, check the quantity and completeness of the Goods according to the placed order. Claims regarding external defects of the Goods, quantity, or completeness are not accepted after the Goods have been received.
10.6. The Buyer must comply with the conditions (rules) of using the Goods specified by the manufacturer on the relevant internal labels attached to the Goods.
10.7. The Seller considers the complaint within 14 days from the moment of its receipt and informs the Buyer of the outcome.
10.8. If the submitted complaint is accepted, the cost of the Goods is refunded, and the confirmed expenses for returning the defective Goods to the Seller are reimbursed.
10.9. If the complaint is rejected, the Buyer receives a notification explaining that the complaint has been deemed unfounded and provides the reasons for such a decision.
11. CONFIDENTIALITY, PROTECTION, AND PROCESSING OF PERSONAL DATA
11.1. When registering, contacting a consultant/operator, using feedback functions, or placing an order on the online store, the Buyer, in accordance with the requirements of the Law of Ukraine "On Personal Data Protection," provides unconditional consent to the collection and processing of personal data by the Seller. This consent is valid indefinitely.
11.2. The following personal data is provided by the Buyer: last name, first name, patronymic, postal address, telephone number, email address.
11.3. The specified personal data is provided for the purpose of ensuring the implementation of civil legal relations (purchasing Goods, ensuring postal and courier delivery), as well as the provision of information and service services (distribution of informational, advertising, marketing messages and special offers through any means of communication, including SMS, email, telephone, and mobile devices), in accordance with the Civil Code of Ukraine, the Law of Ukraine "On Consumer Rights Protection," and the Law of Ukraine "On Advertising." The provided personal data is voluntarily provided by the User with the right of indefinite storage and destruction.
11.4. The Seller has the right to receive and store information about the IP address of visitors to the website of the online store and use "cookies" technology. "Cookies" do not contain confidential information and are not transmitted to third parties.
11.5. The Seller undertakes not to disclose any private information of the Buyer and not to provide access to this information to third parties, except in cases provided by the legislation of Ukraine. Providing information by the Seller to counterparties and third parties acting on the basis of the Contract with the Seller, including for fulfilling obligations to the Buyer, is not considered a violation.
11.6. The Seller is obliged to delete the personal data of the Buyer upon their written request.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. The website of the online store contains materials, trademarks, trade names, and other legally protected materials, including but not limited to texts, photographs, graphic images, and others.
12.2. All textual information and graphic images posted on the website of the online store are the property of the Seller. In the case where authorship belongs to a third party, it is indicated on the respective page containing the content and graphic materials.
12.3. Nothing in this Agreement shall be construed as the transfer of exclusive rights or rights to use intellectual property objects.
12.4. The Buyer or any other third parties do not have the right to use the materials posted on the online store (including making changes, copying, publishing, transmitting to third parties, etc.). The use of website materials without the consent of the rights holders is prohibited. When quoting materials from the website, including copyrighted works, a reference to the website of the online store is mandatory.
13. LIABILITY
13.1. The Seller's liability for any Product purchased through the online store is limited to the value of such Product.
13.2. The Seller is released from liability for any breaches of the Terms if such breach is caused by force majeure circumstances.
13.3. Under any circumstances, the Seller shall not be liable for indirect damages suffered by the Buyer, which arise as derivatives of primary damages, including:
13.3.1. loss of profit or income;
13.3.2. lost business opportunities;
13.3.3. failure to enter into contracts, and so on.
13.4. Under any circumstances, the Seller shall not be liable for damages or losses incurred as a result of a network attack, virus, or other malicious or harmful software that is technically harmful and has been downloaded onto the Buyer's device from the Website.
13.5. The Buyer shall be responsible in the event of improper use of the Website by intentionally introducing viruses, trojans, etc., which are malicious or harmful from a technical standpoint.
14. ADDITIONAL TERMS
14.1. The Seller has the right to:
14.1.1. make changes to this Agreement, materials, and information (including information about Products) offered on the online store at any time;
14.1.2. refuse to enter into a contract of public offer if there is no possibility to sell the corresponding Product to the Buyer;
14.1.3. record telephone conversations with the Buyer;
14.1.4. suspend the sale of Products to the Buyer in the event of the Buyer's breach of obligations (including, but not limited to, failure to make payment for the ordered Product) under this Agreement;
14.1.5. transfer its rights and obligations under the Agreement to third parties without the Buyer's consent.
14.2. The Seller shall not be liable for the actions of money transfer systems, banks, payment systems, and for any delays associated with their operation.
14.3. The online store may provide services that may be temporarily partially or completely unavailable due to maintenance or other technical reasons. The Seller's technical support team has the right to periodically perform necessary maintenance or other work, with or without prior notice to the Buyers.
14.4. By registering on the website of the online store or placing an order without registration, the Buyer gives consent to receive informational messages from the online store and its partners acting on the basis of an agreement with the Seller, via short message service (SMS) and email.
14.5. The relationship between the Buyer and the Seller is governed by the laws of Ukraine.
14.6. If any provision of this Agreement is declared invalid by a court, it does not invalidate the other provisions.