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Public Contract for the Sale of Products
This Agreement has the nature of a public offer in accordance with the current legislation of Ukraine.
1. Definition of Terms
Client: an individual who has reached the age of 18 and, having full legal capacity, has placed an order and purchased Products that belong to the Seller, presented on the website https://yourway.com.ua (hereinafter referred to as the “Website”), for their own needs.
Seller: Individual entrepreneur Kuprikova Liubov Ivanivna, acting on the basis of an extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations of October 15, 2020, registration number 2004800000000248831. She is the current distributor of the YourWay brand.
Product: a material object belonging to the Seller, put up for sale on the Website, with its price, name, description, and characteristics indicated and its availability noted.
Order: an appropriately executed and placed request by the Client (with the appropriate forms in the “Order” section of the Website filled out) addressed to the Seller for sale and delivery to the address specified by the Client of a Product selected from the list on the Website, indicating the necessary quantity.
2. Subject of the Agreement
2.1. According to this Agreement, the Seller undertakes to transfer into the ownership of the Client the Product selected and ordered by the Client on the Seller’s Website, and the Client undertakes to accept and pay for the Product in accordance with the terms of this Agreement.
2.2. By ordering the Product through the Website, the Client agrees to all the terms of this Agreement.
2.3. The sale of Products by the Seller to the Client is governed by the provisions of the legislation of Ukraine, in particular, the Law of Ukraine “On Consumer Protection” and the Rules for the Sale of Goods to Order and Outside Retail or Office Premises.
2.4. The Seller confirms that he/she has all the necessary permissions to carry out economic activities related to the execution of the Agreement, and also guarantees that he/she has the right to sell goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and is to be held liable for any violation of the Client’s rights in the process of executing the Agreement and selling goods.
2.5. The Seller has the right to amend the text of this Agreement without prior notice. Changes to the Agreement come into force after being published on the Website and apply to any Order made after publication.
2.6. The Client agrees to transfer personal data and Order information to the Seller and agrees to adhere to the Agreement by filling out the fields in the appropriate columns when placing an Order on the Website.
2.7. This Agreement is the main document establishing the rights and obligations of the Seller to all Clients.
2.8. By filling out the registration form and placing an Order, the Client confirms that he/she is familiar with the terms of this Agreement and will take no action in contradiction thereof.
2.9. The Seller and the Client are in correspondence via email, instant messengers, social media, and reviews on the Seller’s Website. The client acknowledges that all notices, data or other information provided in electronic form is legally binding and equates to documents drawn up in writing.
3. Personal Data of Clients
3.1. The Seller has the right to collect, store, and use the personal data of the Clients with their consent, indicating the category and purpose for processing it, given when registering on the Website.
3.2. By registering on the Website, the Client gives his/her consent to receive updates, newsletters, information on new arrivals, special offers, and sales announcements via emails, instant messengers, social media, SMS, and MMS.
3.3. The Client undertakes to enter complete and reliable information on his/her personal data in the relevant fields when placing an Order on the Website. In the event of inaccuracies or any discrepancies between the Client’s personal data filled in on the Website and the Client’s personal data provided by him/her upon receipt of the Order (passport data, identification code, etc.), the Client may lose the opportunity to exercise his/her rights in accordance with the Law of Ukraine “On Consumer Protection” and this Agreement, in particular, regarding the possibility of returning the received Products, and is also liable in cases stipulated by the Agreement.
4. Product Ordering Procedure
4.1. To place an Order, the Client fills out the registration form on the Website and sends it to the Seller by clicking on the “Checkout” button. The placement of the Order and its further transfer for execution by the Client implies that the Client is sufficiently and completely familiar with the Product, any preferences, discounts or lack thereof, as well as the effect of the Order specifics on the final price of the Product.
4.2. After receiving the Order, the Seller processes the Order. A confirmation of the Order is sent to the Client (via messengers, by email) with detailed information regarding the Order: order number, ordered products, prices, quantity.
4.3. In the absence of the ordered Products in the Seller’s warehouse, including for reasons beyond the control of the Seller, the latter reserves the right to reject the Client’s Order by sending an email indicating the reason therefor to the address provided during the Client’s registration.
4.4. The Order is considered accepted for execution after the Client receives a message, via instant messengers or to the email address specified in the registration form, confirming the acceptance of the Order and after providing clarifying information regarding the Order, as well as the Seller’s contact information.
4.5. In the event that the Client wishes to cancel the Order, he/she may do so on the Website. Alternately, the Client can contact the manager to help with canceling or annulling the Order.
4.6. The Seller makes every effort to provide information about the Product on the Website as accurately as possible. However, situations may arise when the information on the Website may contain inaccuracies or appear incomplete. Therefore, the Seller reserves the right to correct errors, change or update information at any time without prior notice.
Due to the specifics of the visual display of various types of Products on the monitor screen, some product colors may differ slightly from the colors of actual samples. If the Product does not meet the expectations of the Client, the Client has the right to return the Product within 14 (fourteen) days from the date of receiving it from the Seller.
4.7. The Client can check the progress of the Order at any time in the “Personal Account” section, the “Purchase History” subsection when logging into the system as a registered buyer.
5. Product Transfer Procedure
5.1. The Product is dispatched within 1–2 working days after payment and acceptance of the Order, as long as the Product is in stock.
5.2. Products not in stock will be dispatched after production. Such Products have “On Order” status with an approximate indication of the production time. The dispatch period may vary for reasons related to the production specifics. In this case, the Seller will notify the Buyer of the new timeline.
5.3. The Seller makes every effort to comply with the delivery times indicated on the Website. However, delivery delays are possible due to unforeseen circumstances beyond the control of the Seller (force majeure). The Seller informs the Client in case of force majeure circumstances, and agrees on new terms of delivery by email, messengers or telephone.
5.4. When ordering the Products, delivery is carried out by the courier company.
5.5. The Order is considered completed by the Seller at the time of the actual transfer of the Product included in the Order to the Client on the basis of the invoice (receipts, delivery register, etc.) issued by the transport or courier company delivering the Order of specific Products against the Buyer’s signature. Upon the execution of the Order, the obligations of the Seller to the Buyer are considered fulfilled.
5.6. The ownership of the Product and the associated risks are transferred from the Seller to the Client at the time of the transfer of the Product. The transfer of ownership of the Product is confirmed by the signature of the Client on the invoice (receipts, delivery register, etc.) issued by the transport or courier company.
5.7. The Client additionally pays the cost of delivery as a separate, additionally provided service. The delivery service is considered to be provided at the time the Client receives the Product. The Client agrees that the cost of delivery of the Product as a separately rendered service is not refundable in cases where the Client returns the Product in accordance with the provisions of the Law of Ukraine “On Consumer Protection,” and the previously paid cost of the Product is refunded.
The shipping cost depends on the country, region, and the selected transport company.
5.8. Only after full payment, the Client has the right to violate the integrity of the packaging of the Product, try it on, and dispose of the Product in any other way at his/her own discretion, subject to the restrictions established by the Agreement. This provision does not deprive the Client of the rights established by the Law of Ukraine “On Consumer Protection,” including those pertaining to the return and exchange of Products of adequate or inadequate quality.
6. Pricing and Payment Terms
6.1. The price of the Product is listed on the Website and does not include shipping costs.
6.2. The Seller has the right to unilaterally change the price of the Product without notice. However, the Seller does not have the right to change the price of the ordered Product after the Order has been accepted by the Seller and the Client has received an email that confirms the acceptance of the Order by the Seller.
6.3. The cost of the Product is paid in the national currency of Ukraine, the hryvnia, and includes VAT (20%).
6.4. The Client may pay for the ordered Product using a bank card on the Seller’s website when placing the order, or by transferring funds to the Seller’s bank account, independently or through an authorized person.
6.4.1. At the time of its transfer, the Product must have been fully paid for by the Client.
6.4.2. The following types of bank cards are accepted for payment: Visa and MasterCard. In case of cashless bank card payment for the Product, such payment is made when placing the Order on the Seller’s Website using the Monobank online payment system.
6.4.3. If the Order is canceled by the Client or rejected by the Seller, the paid value of the goods is subject to return within 2–5 working days from the moment the Product was returned to the Seller’s warehouse.
6.5. The Seller’s payment details: FOP Kuprikova Liubov Ivanivna. Payee code: 3037905949. Payee account in IBAN format: UA943220010000026003330066891. Bank name: Joint-stock company UNIVERSAL BANK MFO 322001 OKPO Bank 21133352. Online payments are available at the Website using the Monobank online payment system.
7. Warranty Provisions
7.1. Subject to the requirements for the proper handling of the Product by the Client, the Seller guarantees high quality of the Product throughout the warranty period. The warranty period for the Product is 30 calendar days unless specified otherwise by the manufacturer.
7.2. The warranty period is calculated from the moment of transfer of the Product to the Client as indicated in the relevant document. If the moment of transfer of a seasonal Product to the Client does not coincide with the beginning of the season for this Product, the warranty period is calculated from the beginning of the relevant season.
7.3. The Cabinet of Ministers of Ukraine has established the following list of seasonal Products, for which the warranty periods are calculated from the beginning of the relevant season:
For clothing, fur and other products of the spring–summer range – starting from April 1;
For clothing, fur and other products of the fall–winter range – starting from October 1.
8. Returning Adequate Products
8.1. The Client has the right to cancel the Order at any time before the shipment of the Product.
8.2. The Client also has the right to return the purchased Product of adequate quality within 14 calendar days from the date of receipt of the Product.
8.3. Some Products of adequate quality may not be exchanged/returned, in accordance with the Resolution of the Cabinet of Ministers of Ukraine “On the Implementation of Certain Provisions of the Law of Ukraine ‘On Consumer Protection’” of March 19, 1994, No. 172, namely:
– corsetry;
– hosiery and socks;
– underwear, pajamas, dressing gowns;
– knitwear;
– bathing suits;
– gloves, mittens.
8.4. Special return conditions apply to promotional and discount Products. The Buyer will be notified by the Seller if the Products in the Order cannot be returned but are not listed in 8.3 above.
8.5. To return a Product, the Client mails it to the Seller’s address by Nova Poshta. The address must be checked with the Seller.
8.6. When returning the Product, the Client must have the following documents: a document confirming the fact of payment for the Product; an application for the return of the Product indicating the Product name, stock number, and cost (not including the cost of delivery); the number and date of the document that certifies the purchase of the Product; objective reasons for the return; passport data and taxpayer ID number, indicating the method of refund (bank account details or postal order details).
8.7. In case of failure to provide any of the documents specified in 8.5 above, the Seller is not obliged to accept the Product and fulfill the Client’s request to return the Product. In such cases, the Seller is also released from the obligation to send the Product received from the Client as a return back to the Client’s address.
9. Returning Inadequate Products
9.1. Return of Products of inadequate quality is done during the established warranty period in the manner and within the terms established by law.
9.2. In case of revealing defects in the Product, the Client has the right to demand:
– a proportional reduction in price;
– free elimination of defects in the Product within the time frame agreed with the Client;
– reimbursement of expenses for the elimination of defects in the Product.
9.3. If, during the warranty period, significant shortcomings are revealed that have arisen through the fault of the manufacturer of the Product or due to the falsification of the Product, confirmed, if necessary, by an expertise, the Client, in the manner and within the time limits established by law and on the basis of the rules binding on the parties or the Agreement, has the right, at his/her discretion, to demand from the Seller:
– termination of the Agreement and refund of the money paid for the Product;
– replacement of the Product with an identical or similar Product from the Seller’s available range.
Any of the above requirements must be presented by the Client in writing in the form of a completed application sent to the Seller’s address.
9.4. The Client’s claims are considered by the Seller only on condition that a document is provided confirming the payment for the Product and its receipt by the Client, as well as a technical passport, warranty card or other document issued by the Seller for a Product for which the warranty period is established.
The Seller is not obliged to accept the Product received from the Client lacking the provision of the above documents. The Seller is not responsible for the integrity and safety of such Products and is not obliged to send them back to the Client.
9.5. The Client may ask any pertinent questions by emailing yourwaybrand@gmail.com.
9.6. The Client’s claims are not subject to satisfaction if the Seller proves that the defects of the Product have arisen as a result of the violation on the Client’s part of the rules for using the Product or its storage conditions.
9.7. The Client’s claim is considered within 7 working days from the date of its receipt.
10. Refunds for Returned Products
10.1. Money is refunded within 15 days from the date of receipt of the Product and a completed refund application.
The money can be returned to the Client in several ways:
– Credited to the bonus account at https://yourway.com.ua (advance payment for the next purchase).
– Transferred to a bank card.
11. Force Majeure
11.1. The course of the period for the Parties to fulfill their obligations under this Agreement may be suspended only in the event of uncontrollable circumstances (force majeure), such as fire, natural disaster, armed conflict, significant change in the legislation of Ukraine, pandemic, which make it difficult or impossible for the Party to fulfill its obligations under this Agreement or for other circumstances that are beyond the control of the Parties.
11.2. The Party affected by force majeure circumstances must notify the other Party within 14 (fourteen) calendar days.
11.3. In the event of force majeure circumstances, the Party that was affected by them, subject to the requirements of 11.2 above, is released from liability under this Agreement for the duration of such circumstances.
11.4. After the termination of the force majeure circumstances, the fulfillment of obligations is resumed. The Party that has been affected by the force majeure circumstances must notify the other Party of their termination.
11.5. If the force majeure circumstances continue for more than 30 (thirty) successive calendar days, then the Parties have the right to terminate this Agreement and make final settlements. In such case, losses caused by the termination of the Agreement are not reimbursed and penalties are not paid.
11.6. In the event of illness or death of the Seller, the fulfillment of obligations under this Agreement may be suspended and obligations transferred to third parties.
12. Miscellaneous
12.1. If any of the provisions of this Agreement is recognized as invalid or illegal, or cannot enter into force, according to the current legislation of Ukraine, such a provision shall be removed from the Agreement and replaced by a new provision that best meets the intentions of the Parties; the Agreement shall not be revised or terminated, and other provisions of the Agreement shall remain in force. The Seller has the right to unilaterally change the terms of this Agreement by publishing a new revision at https://yourway.com.ua.
12.2. The Parties to this Agreement are responsible for its non-fulfillment or improper fulfillment in accordance with the current legislation of Ukraine.
12.3. All disputes arising from the terms of this Agreement are resolved through negotiations. In the event that the Parties have not reached an agreement on controversial issues regarding this Agreement, such a dispute is referred to a court in accordance with Ukrainian legislation on consumer protection.
12.4. This Agreement is a public offer. The absence of a signed paper copy of the Agreement with the signatures of both Parties, in the event of actual payment by the Client and/or the delivery of goods, shall not be construed as a reason to consider this Agreement not concluded. The placement of an Order in accordance with the terms of the Agreement is considered acceptance on part of the Client, and the payment by the Client is considered its execution.
12.5. The Seller is not responsible for any technical failures on the Website and any consequences thereof. At the same time, the Seller guarantees a prompt response to technical failures. In the event that the Buyer incurs any losses as a result of a Website malfunction, negotiations are held. The Seller reserves the right to terminate the contract unilaterally. In this case, losses caused by the termination of the Agreement are not reimbursed and penalties not paid.