Privacy Policy
Individual entrepreneur Dem'anyuk Maksym Serhiyovych, taxpayer registration card number 3570204237, hereinafter referred to as the "Seller",
PROPOSES to individuals who have expressed their intention to join this Agreement by their actions, each of whom is separately hereinafter referred to as the “Buyer”, to conclude a contract for the purchase and sale of Goods - clothing, underwear, accessories made to order, as well as Goods available in a standard size grid remotely, that is, via the Internet (official page on social networks special.body21), hereinafter referred to as the “Agreement” , by joining this Agreement.
This Agreement is public, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers.
The Agreement may be concluded only by the Buyer's adherence to all terms of the Agreement in full without any exceptions and/or limitations. The Buyer may not propose its own terms of the Agreement. In the event of the Buyer's disagreement with all or some provisions of this Agreement, the Agreement shall not be concluded.
An integral part of this Agreement is the Privacy Policy, which regulates the specifics of the processing of Buyers' personal data. You can familiarize yourself with the provisions of the Privacy Policy at the link. The provision of personal data by the Buyer means full and unconditional consent to all points specified in the Privacy Policy.
DEFINITION OF TERMS
Acceptance (acceptance) of the offer – the Buyer's full, unconditional and unreserved acceptance of the terms of the Agreement, which may consist of the following conclusive actions: checking the box next to the "I am familiar with the public offer" field and/or paying the invoice or using an online payment method to pay for the service.
Warranty period - the period during which the Seller undertakes to carry out free repair or replacement of the relevant product in connection with its introduction into circulation (Article 1 of the Law of Ukraine "On Protection of Consumer Rights").
Seller – individual entrepreneur Dem'anyuk Maksym Serhiyovych, a party to this Agreement, who sells Goods – clothing, underwear, accessories, made to order, as well as Goods available in a standard size grid remotely, that is, via the Internet.
Buyer – an individual (including an individual entrepreneur) who, by his actions, has expressed his intention to join this Agreement, has familiarized himself with the terms of the Agreement, has concluded an Agreement with the Seller, having accepted it. The Buyer may be an individual who has full civil capacity. If a person is a minor or does not have full civil capacity (under 18 years of age), the Buyer in accordance with this Agreement is the father, mother or legal representative of such person.
Custom order – clothing, underwear, accessories made to order by the Buyer according to his individual wishes (measurements, characteristics). The price for the Product, which is made to order, is formed at the time of placing the order.
The moment of conclusion of the Agreement is the Buyer's performance of confirming actions (acceptance).
Terms not separately defined in this Agreement shall be understood and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, business customs, as well as the purpose and subject matter of this Agreement.
1. SUBJECT OF THE AGREEMENT
1. The Seller undertakes to transfer the goods to the Buyer within the period and under the conditions specified in this Agreement, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement, as well as to comply with other obligations specified in this Offer.
2. Acceptance (acceptance of the offer) by the Buyer means that the Buyer unconditionally and unconditionally agrees to accept the terms and conditions established by this Agreement, confirms that he is familiar with and agrees with the terms and conditions of this Agreement, the list, and the cost of services posted on the Seller's official page on the Instagram social network special.body21, and also gives his consent to the collection and processing of his personal data in accordance with the Law of Ukraine "On Personal Data Protection".
3. The Agreement is binding for the Parties from the date of its publication and applies to all relationships, including those that arose before the publication of this Agreement.
4. The Privacy Policy is an integral part of this Agreement. Acceptance confirms the fact that the Customer has familiarized himself with the provisions of the Privacy Policy and consents to the processing of his personal data.
2. PROCEDURE FOR CONCLUSION AND TERMINATION OF THE CONTRACT
2.1. The Agreement is concluded by the Buyer's adherence to the terms of the Agreement without signing a written copy of the Agreement and has legal force in accordance with Articles 633, 634 of the Civil Code of Ukraine. The Buyer may not propose its own terms of the Agreement.
2.2. The moment of conclusion of the Agreement is the Buyer's performance of confirming actions (acceptance). Acceptance (acceptance) of the offer is the Buyer's full, unconditional and unreserved acceptance of the terms of the Agreement, which may consist of the following conclusive actions: checking the box opposite the "I am familiar with the public offer" field and/or placing an order or paying the invoice or using an online payment method to pay for the goods.
2.3. The Buyer's personal data, which he enters when placing an order, are processed and stored by the Seller in accordance with the Law of Ukraine "On Personal Data Protection".
2.4. The Parties are responsible for the correctness and reliability of the specified contact details.
2.5. The Buyer has the right to terminate the Distance Selling Agreement by notifying the Seller thereof within fourteen days from the date of receipt of the Goods.
2.6. The Buyer does not have the right to terminate the Contract concluded at a distance if the Goods are made to order.
3. ORDERING PROCEDURE. PAYMENT AND DELIVERY OF GOODS
3.1. The Buyer independently places an order via Direct or other contacts specified on the Seller's official page on the Instagram social network special.body21
3.2. When placing an order, the Buyer is obliged to provide the Seller with the following information: last name, first name, address for sending the order, contact phone number, identification number for an individual entrepreneur, as well as information about the selected Product - color, model, size.
3.3. In the absence of the Goods, the Seller is obliged to notify the Buyer.
3.4. In the absence of the Product, the Buyer has the right to replace it with a product of a similar model, refuse this Product, or cancel the order.
3.5. In the absence of the Goods, the Seller may offer to resend the model within the time agreed upon between the Parties.
3.6. If the Buyer wants to change an existing model of the Product, or order the Product according to individual specifications, an Individual Order is issued.
In the case of ordering a Product that is made to order, the Buyer shall provide the Seller with all measurements necessary to fulfill such an order. The type of measurements and the accuracy of their measurement are discussed individually depending on the selected model of the Product.
3.7. The Buyer pays the cost of the order on the terms of 100% prepayment to the account specified by the Seller, or using a payment system.
3.8. Processing/additional refinement, changes to the Goods that occur at the initiative of the Buyer and are not related to shortcomings in the Seller's work are paid for additionally. The term of production of the Goods is extended for the period specified by the Seller.
3.9. The Buyer pays additionally for services of payment systems and terminals.
3.10. The cost of the Goods specified by the Seller does not include the cost of delivering the Goods to the Buyer. The Buyer shall pay the cost of delivering the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
3.11. 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 with the qualitative and quantitative characteristics (name of the goods, quantity, completeness).
3.12. Ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative from the moment the Buyer receives the Goods at the place of delivery of the Goods upon independent delivery of the Goods by the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier) selected by the Buyer.
4. PERIOD OF PRODUCTION OF INDIVIDUAL ORDER
4.1. When placing an order, the Seller informs the Buyer of the possible time for manufacturing the Goods under an Individual Order, based on the production workload and the order acceptance priority.
4.2. The total time for manufacturing an Individual Order is 10 business days from the moment the Buyer makes payment and the funds are credited to the Seller's account.
4.3. The Seller may extend the total period for the production of an Individual Order in cases of unforeseen circumstances that occurred through no fault of the Seller and that could not have been foreseen. In this case, the Seller must deliver the goods to the Buyer within a reasonable period, but no later than 30 days from the date of receipt of the consumer's consent to conclude the contract.
4.4. The order is considered completed at the moment of its transfer to the delivery service companies.
5. EXCHANGE OF GOODS. RETURN OF GOODS. REFUND.
5.1. Goods made to order are not subject to return or exchange. In particular, the Buyer does not have the 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 it (including non-standard sizes, characteristics, appearance, equipment, etc. at the Buyer's request). Confirmation that the goods have individually defined properties is the difference in the dimensions of the goods and other characteristics indicated on the Seller's official page on the social network Instagram special.body21
5.2. Corsets, underwear of proper quality are not subject to return or exchange (CMU Resolution No. 172 of March 19, 1994)
5.3. Goods of proper quality that do not have individually defined properties and do not fit for any reason (style, size, color) are subject to return and exchange within 14 days, excluding the day of purchase, provided that:
- no signs of use or wear;
- preservation of product appearance and consumer properties;
- the presence of original and undamaged packaging and labels.
The shipping cost for returning/exchange of goods is paid by the Buyer.
Used goods or goods with damaged labels purchased from the Seller are not eligible for exchange or return.
5.4. In case of detection of defects in the Goods, the Buyer at the delivery service department/carrier's warehouse is obliged to record them upon receipt of the Goods in an act of any form. The act must be signed by the Buyer and an employee of the delivery service (carrier) or the Seller. Within one day from the moment of signing the Act, the Buyer is obliged to notify the Seller of the detected defects and agree on the replacement/return of the Goods.
5.5. In the event of the Buyer's refusal to accept the goods that comply with the terms of this Agreement and its Appendices, the funds will not be refunded, and the goods manufactured to an individual order remain the property of the Seller.
5.6. When canceling the Order or returning the Goods by the Buyer, the funds paid by the Buyer shall be refunded only after the Goods are received by the Seller and under the conditions specified in clause 5.3 of this Agreement.
5.7. If the Order is canceled by the Buyer, the paid cost of the Goods is subject to refund. The funds spent on delivery are not subject to refund.
5.8. The refund of funds to the Buyer is made within 30 (thirty) calendar days from the date of receipt by the Seller of the returned Goods by transferring funds to the account from which the payment was made by the Buyer, or to another account specified by the Buyer.
5.9. In the event of defects in the Goods being discovered during the established warranty period, the Buyer personally, in accordance with the procedure and within the terms established by the legislation of Ukraine, has the right to present to the Seller the requirements stipulated by the Law of Ukraine "On Protection of Consumer Rights". When presenting requirements for free elimination of defects, the period for their elimination is counted from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.
5.10. Consideration of the requirements 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 as a result of the Buyer's violation of the rules for using or storing the Goods, actions of third parties or force majeure.
6. WARRANTY OBLIGATIONS
6.1. The warranty period for clothing is 30 calendar days from the date of receipt of the goods by the Buyer.
6.2. In the event of defects in the Goods being discovered during the established warranty period, the Buyer personally, in accordance with the procedure and within the terms established by the legislation of Ukraine, has the right to present to the Seller the requirements stipulated by the Law of Ukraine "On Protection of Consumer Rights". When presenting requirements for free elimination of defects, the period for their elimination is counted from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.
6.3. Consideration of the requirements 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 as a result of the Buyer's violation of the rules for using or storing the Goods, actions of third parties or force majeure.
6.4. The service life of the Goods is equal to the warranty period. In the event of defects being discovered during the established warranty period, the Seller shall act in accordance with Article 8 of the Law of Ukraine "On Protection of Consumer Rights".
6.5. In the event of the expiration of the warranty period, complaints regarding defects will not be considered.
7. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE
7.1. The parties are liable for failure to fulfill or improper fulfillment of the terms of this agreement in accordance with the procedure provided for by this agreement and the current legislation of Ukraine.
7.2. The Parties undertake to apply the pre-trial dispute resolution procedure in the event of disputes and disagreements related to the provision of services.
7.3. If it is impossible to resolve the dispute out of court, the parties have the right to apply to the court of Ukraine.
7.4. The Seller is not responsible for:
- for possible delays in delivery and order processing, due to unforeseen circumstances that occurred through no fault of the Seller and that could not have been foreseen;
- for a minor discrepancy in the color scheme of the Product, which may differ from the original Product solely due to different color rendering of personal computer monitors of individual models;
- for the content and truthfulness of the information provided by the Buyer when placing an order;
- for improper use or storage of the Goods by the Buyer
7.5. If any of the Parties to the Agreement requires additional information, it has the right to request it from the other Party. In the event of failure to provide the necessary information by the Buyer, the Seller shall not be liable for providing quality service to the Buyer when purchasing the Goods.
7.6. The Buyer is responsible for the accuracy of the information provided when placing an Order.
7.7. The Seller or the Buyer shall be exempt from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters or other circumstances that arose regardless of the will of the Seller and / or the Buyer after the conclusion of this Agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party thereof. In this case, the inability to fulfill its financial obligations is expressly excluded by the Parties from this list. The fact of the occurrence and duration of force majeure circumstances must be documented by a competent state body in accordance with the current legislation of Ukraine.
8. SELLER'S DETAILS
Individual entrepreneur Demjanyuk Maksym Serhiyovych ,
Address: Chernivtsi, Rokytnianska St., 61b
RNOKPP 3570204237
Contact phone: +380687804948
Current account: UA273220010000026005330076856