PLEASE READ THESE TERMS AND CONDITIONS OF USE OF THE SITE CAREFULLY (BEFORE USING THE SITE). BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE OF THE SITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF USE OF THE SITE, YOU SHOULD DISCONTINUE USING THE SITE IMMEDIATELY. IN ADDITION, BY USING THE SITE, YOU REPRESENT THAT YOU ARE OF THE AGE OF AGE TO ENTER INTO CONTRACTS OR, IF YOU ARE UNDER THE AGE OF AGE, YOU HAVE OBTAINED THE CONSENT OF YOUR PARENT OR GUARDIAN TO ENTER INTO CONTRACTS. IF YOU ARE UNDER THE AGE OF AGE AND HAVE NOT OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO CONTRACTS, YOU MAY NOT USE THE SITE. YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE PROVISIONS OF THIS AGREEMENT.
THESE TERMS AND CONDITIONS MAY BE AMENDED PERIODICALLY AND WITHOUT PRIOR NOTICE TO THE USER, INCLUDING CHANGES IN LAW. CHANGES BEGINS TO EFFECT IMMEDIATELY AFTER THEY ARE PUBLISHED IN THE CORRESPONDING SECTION OF THE WEBSITE. IN THE EVENT OF SUBSTANTIAL CHANGES TO THESE TERMS AND CONDITIONS, A NOTICE WILL BE POSTED ON THE SITE AND INDICATE THE EFFECTIVE DATE OF THOSE CHANGES.
PUBLIC OFFER AGREEMENT
Under this Agreement, one party, the Seller, on the one hand, and any person who accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter collectively referred to as - the Parties, concluded this Public Offer Agreement (hereinafter - the Agreement), addressed to an unlimited circle persons, which is an official public offer of the Seller to conclude a contract of sale of Goods with the Buyers, which are placed in the relevant section of the website https://aloe.in.ua
Buyers, when purchasing Goods posted on the relevant pages of the site, accept the terms of this Agreement regarding the following:
TERMS AND DEFINITIONS
"Public Offer Agreement" - a public contract, a sample of which is posted on the website https://aloe.in.ua and the use of which is mandatory for the Seller, containing the Seller's offer to purchase the Goods posted on the website https://aloe.in.ua, directed to an unspecified number of persons, including Buyers.
"Site" - Internet web page https://aloe.in.ua.
"Accept" - acceptance by the Buyer of the seller's offer to purchase the Product, posted on the website https://aloe.in.ua, by adding it to the virtual shopping cart, completing and sending the Order.
"Goods" – an item of trade (product, model, accessory, components and accompanying items, any other items of trade), the purchase of which is posted on the website https://aloe.in.ua by the seller.
"Buyer" - any capable natural person, legal entity, natural person-entrepreneur, in accordance with current international and Ukrainian legislation, who visited the site https://aloe.in.ua and intend to purchase this or that Product.
"Recipient" - the Buyer directly, or a third party to whom the Buyer granted the right to receive the Goods according to the Order placed on the website https://aloe.in.ua. Information about the Recipient is indicated by the Buyer when placing the Order on the website https://aloe.in.ua.
"Seller" - a natural person-entrepreneur, in accordance with current international and Ukrainian legislation, who is a distributor of the Product and intends to sell it using the website https://aloe.in.ua.
"Order" - the Buyer's application for the purchase of Goods, duly completed and placed on the website https://aloe.in.ua, or completed by e-mail, telephone, or other means of communication with the Seller.
"Legislation" – norms established by Ukrainian or international legislation for regulating contractual legal relations under the Agreement.
"Significant defect of the Product" – a defect that makes it impossible or inadmissible to use the Product in accordance with its intended purpose, was caused by the fault of the manufacturer.
"Carrier Company" - delivery service (delivery operator), the services of which are used by the Seller to deliver the Goods to the Buyer, and are specified in the appropriate section on the website.
TERMS
1.1. Contractual relations between the seller and the buyer are drawn up in the form of a Public Offer Agreement. Clicking on the button "Make an order" ("Make an order") or "Confirm an order" ("Confirm an order") on the Site page in the appropriate section means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current international and Ukrainian legislation, has implemented the terms of the Public Offer Agreement, which are indicated below.
1.2. The public offer contract is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers, regardless of their status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the conditions and procedure for placing an order, payment and delivery of goods by the Seller, responsibility for an unscrupulous Order and for non-fulfillment of the terms of this Agreement.
1.3. This Agreement enters into force from the moment of execution and confirmation by the Seller of the Order, to which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and complete settlement with him. Confirmation takes place by informing the buyer by phone call or SMS, e-mail or message by other means of electronic communication.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If the international treaty, the binding consent of which was given by the Verkhovna Rada of Ukraine, establishes different rules than those established by Ukrainian legislation, then the rules of the international treaty are applied.
1.5. The buyer agrees that all conditions are clear to him and he accepts them completely and unconditionally.
REGISTRATION ON THE SITE
2.1. To form orders on the Site, the Buyer can go through the registration procedure and enter the necessary data, according to the questionnaire.
2.2. During registration on the Site, the Buyer undertakes to provide reliable and accurate information about himself and his contact details in order for the Seller to fulfill its obligations to the Buyer and deliver the goods paid to him.
2.3. In the process of registration on the Site, the Buyer specifies a login (his e-mail) and a password, the security of which he is responsible for. The buyer undertakes not to disclose the login and password specified during registration to third parties, to store this data in a place inaccessible to third parties. The Buyer is solely responsible for all actions performed on his behalf, i.e. using his login and password.
2.4. The Seller is not responsible for the accuracy and reliability of the information provided by the Buyer during registration.
SCOPE OF THE CONTRACT
3.1. The Seller undertakes to sell the Goods on the basis of the Order placed by the Buyer on the terms and in the order specified by this Agreement, and the Buyer undertakes to buy the Goods and pay for them on the terms and in the order specified by this Agreement.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and there are no third-party rights to them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham agreement or an agreement concluded under the influence of pressure or deception.
3.4. The seller confirms that he has all the necessary permits to carry out business activities that regulate the sphere of legal relations that arise and operate during the execution of this Agreement, and also guarantees that he has the right to sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine .
RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller is obliged to:
- fulfill the Buyer's order in case of receipt of payment from the Buyer;
- hand over the Goods to the Buyer in accordance with the selected sample on the relevant page of the Site, the completed Order and the terms of this Agreement;
- check the quantitative characteristics of the Product during its packaging in the warehouse;
- inform the buyer about possible additional commissions when paying for orders.
4.2. The seller has the right to:
- transfer your rights and obligations to the Buyer to third parties.
- to unilaterally terminate the provision of services under this Agreement in case the Buyer violates the terms of this Agreement.
- to refuse the sale of goods to the Buyer without giving a reason.
- by notice or in part to change this Agreement at our sole discretion by providing the Buyer with notice of such change by any reasonable means, including without limitation posting the amended version of this Agreement on the Site.
RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The buyer is obliged to:
- timely pay and receive the order under the terms of this Agreement;
- read information about the product posted on the Site;
- when receiving the Goods from the person who delivered them, verify the integrity and completeness of the Goods by inspecting the contents of the packaging. In case of damage or incomplete completion of the Goods, record them in the act, which must be signed by the person who delivered it to the Buyer together with the Buyer.
5.2. The buyer has the right to:
- place an order on the relevant page of the Site;
- require the seller to fulfill the terms of this Agreement;
- to inform about a possible additional commission upon payment.
ORDER PROCEDURE
6.1. The Buyer places the Order independently on the relevant page of the Site by adding the Goods to the virtual basket with further processing and confirmation of the Order, or by placing the Order by e-mail, or by phone number specified in the contact section of the Site, or by other means of communication with the Seller.
6.2. The term of formation of the Order is up to 2 working days from the moment of its execution. If the order is sent on a weekend or holiday, the term of formation begins on the first working day after the weekend. When forming an Order for more than 2 working days, the Seller informs the Buyer by e-mail or other means of digital communication, phone call or SMS. The Seller reserves the right to change the terms of the Order formation, while warning potential Buyers by means of a notification when placing the Order.
6.3 In the event of the absence of the product specified on the Site due to technical difficulties, as well as for other reasons beyond the control of the Seller, the specified order is canceled in whole or in part, and the Buyer is informed by sending him a message.
6.4 When ordering goods on the Site, the Buyer confirms his consent to receive information about the date of manufacture, product storage terms in the format provided by the manufacturer brand, in particular with the help of the Batch code applied to the product packaging or other manufacturer's markings.
6.5. The Buyer bears full responsibility for providing incorrect data when placing an order, which makes it impossible for the Seller to fulfill its obligations to the Buyer.
CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and indicated on the corresponding page of the Site. The price can be changed unilaterally by the Seller.
7.2. The seller has the right to set discounts and bonuses on the Goods. The types of discounts, bonuses and the order of their accrual may be changed by the Seller unilaterally.
7.2. If the price of the Goods ordered by the Buyer is incorrect, the Seller informs the Buyer about this in order to confirm the Order at the corrected price or cancel the Order. If it is impossible to contact the Buyer, such an Order is considered cancelled.
7.3. The price of the Contract is determined by adding the prices of all selected Goods placed in the virtual basket and applying all discounts and bonuses available to the Buyer.
7.4. The cost of the Order may vary depending on the price, discounts and bonuses, quantity or product range.
7.5. The buyer can pay for the order in the following ways:
1) by means of a bank transfer of money to the current account of the Seller specified in the invoice, including using Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100%).
Purpose of payment:
The purpose of payment is specified according to the act of completed works, invoice or contract
2) by post-payment upon receipt of the Order at the representative office of the Carrier Company on the territory of Ukraine.
3) payment card of the following type:
- Visa;
- Visa Electron;
- Mastercard;
- Mastercard Electronic;
- Maestro;
- and other.
4) in any other way as agreed with the Seller.
Importantly:When the Buyer pays for the order, an additional fee may be charged depending on the type of payment:
- In the case of post-payment through the carrier companies ("post-paid payment"), a fee is charged for the transfer of funds. The amount of the commission is added to the amount of the order directly by the carrier without the participation of the Seller.
- When paying using Internet banking, a fee may be charged for transferring funds. The amount of the commission is added to the amount of the order directly by the bank without the involvement of the Seller.
- When paying with a payment card, an additional fee may be charged by the issuer of this card, in particular, when the Buyer pays for the order with a payment card, an additional fee may be charged when the Buyer pays for European orders by Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card issuers. The commission amount is added to the order amount directly by the card issuer without the involvement of the Seller.
7.6. The Seller's obligation to inform the Buyer about additional commissions is considered fulfilled when the Buyer places an Order.
TERMS OF DELIVERY OF GOODS
8.1. The Buyer receives the Goods using the services of the Carrier Company, or receives it personally. The procedure for payment and receipt is indicated on the corresponding page of the Site.
8.2. When delivering Goods to other cities of Ukraine, carried out by Carrier Companies, the Buyer fully and unconditionally agrees to the Rules of cargo transportation by these Carrier Companies.
8.3 Upon delivery, the Goods are issued to the Buyer or to a third party specified in the order as the Recipient.
8.4. The fact of receiving the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies is confirmed by the Recipient with his own signature on the consignment note, the declaration of the Carrier Company, in the delivery invoice upon receipt of the Goods, or by the very fact of receipt of the goods from the Carrier Company, which is recorded the relevant status of the delivery state in the electronic accounting system of the Carrier Company, access to checking such status can be obtained by contacting the Carrier Company or checking on the Carrier Company's website. For its part, the Seller guarantees the shipment of the Goods to the carrier Company in the specified quantity and paid for by the Buyer, in completeness according to the specification of the Goods and in proper (working) condition and quality.
8.5. In case of absence of the Recipient at the delivery address specified by the Buyer in the application or refusal of the Buyer to receive the Goods for unjustified reasons, upon delivery by the Courier of the carrier company, the Goods are returned to the shipping center.
8.6. Payment for delivery services is made by the Buyer upon receipt of the Goods. Payment is calculated directly by the carrier company, without the participation of the Seller, at the rates of the carrier company whose services were used to deliver the goods.
8.7. If the Buyer fulfills the necessary conditions for free delivery (specified on the Site), the Seller shall pay for the delivery when the Goods are dispatched.
8.8. The territory of delivery of goods is limited to the territory of Ukraine, with the exception of the AR "Crimea" and the temporarily occupied territories of Ukraine.
8.9. The Seller's obligation to deliver the goods to the Buyer is considered fulfilled at the moment the Buyer receives the sent Goods, as this moment is determined by the carrier company whose services were used to deliver the Goods.
8.10. The Buyer understands and agrees that delivery is a separate service that is not an integral part of the Goods purchased by the Buyer and is performed by third-party carrier companies.
TERMS OF RETURN OF GOODS
9.1. According to Art. 9 of the Law of Ukraine "On the Protection of Consumer Rights", the Buyer has the right to exchange Goods of appropriate quality within fourteen days, not counting the day of purchase, unless a longer period is announced by the Seller. The buyer has the right to exchange the goods, taking into account the provisions of the legislation on the grounds and the list of goods that are not subject to exchange (return).
9.2. The buyer agrees that the goods purchased by him are not subject to exchange and return in the following cases:
1) More than 14 calendar days have passed since the purchase of the Product;
2) 14 calendar days have not passed since the purchase of the Goods, but the goods were in use, the integrity of the packaging and/or completeness was violated, there were no tags/price tags, etc.
3) The product belongs to the list of products that are not subject to return and exchange, in accordance with Resolution of the Cabinet of Ministers of Ukraine No. 172 of March 19, 1994 (as amended) http://zakon4.rada.gov.ua/laws/show/172 -94 -% D0% BF, namely:
Foodstuffs, medicines and tools, sanitary items.
Non-food products:
Corset goods
perfumery and cosmetic products
feather and down products
children's toys are soft
rubber inflatable children's toys
toothbrushes
mouthpiece
shavers
shaving creams
combs, combs and massage brushes
gloves
fabrics
tulle and lace fabrics
body underwear
bed linen
hosiery products
goods in aerosol packaging
printed editions
natural and artificial hair products (wigs)
goods for babies (diapers, nipples, feeding bottles, etc.)
tools for manicure, pedicure (scissors, files, etc.)
4) The product cannot be returned or exchanged if the Buyer refuses to provide photo or video materials of the defective and/or faulty product, in his opinion.
9.3. With these Terms and Conditions, the Buyer confirms his knowledge that the following are subject to exchange or return:
- Goods that do not match your order;
- defective goods, the packaging of which is significantly damaged, if the fact of damage is established in accordance with Clause 5.1 of this Agreement;
- goods whose expiration date has expired;
- only new goods that have not been used and have no signs of use: scratches, chips;
- must be preserved: a complete set of goods, integrity and all packaging components, labels, factory marking;
- the product is exactly the one that was sold by the Seller;
- the buyer has the original document confirming the purchase of the corresponding Product. Violation of any of these points leaves the Seller with the right to refuse the Buyer the exchange or return of the goods.
9.4. If the Buyer intends to return the Product, such return is carried out in accordance with the "Returns" section of the Site, taking into account the rules and conditions of the carrier or courier.
9.5. In the event of the presence of at least one of the listed defects, the Buyer is obliged to record it in a deed of arbitrary form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. Defects must be recorded by photo or video recording. Within 1 (one) day, the Buyer is obliged to notify the manager (Seller's representative responsible for placing the order for the Goods) about the detected defects and agree on the replacement of the Goods, while filling out the complaint form for the return of the Goods on the Site.
9.6. The parties agreed that in case of failure to comply with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in good condition – without any mechanical damage and in full completeness.
RESPONSIBILITY OF THE PARTIES AND RESOLUTION OF DISPUTES
10.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and current international and Ukrainian legislation.
Under no circumstances shall the Seller be liable for any indirect, incidental, punitive, special or consequential damages related to the Site, as well as for lost profits, damages, costs related to business interruption, interruption of use, loss of data, loss of other intangible assets, loss of security of information that you have provided in connection with the use of the Site (including the use or receipt of any third-party applications or third-party content), or unauthorized acquisition of such information by third parties. The Seller is not responsible for any unauthorized access to or alteration of information or data provided by the Buyer, or for any materials or data sent or received by the Buyer or not sent or received by the Buyer. The Seller is not responsible for any threatening, defamatory, obscene, offensive conduct or unsolicited content of any other party, or for any violation by third parties of intellectual property rights, privacy or other rights.
The seller is not responsible for:
- Delays or failures in the process of carrying out the operation, which occurred as a result of force majeure, as well as any case of trouble in telecommunication, computer, electrical and other related systems.
- Actions of transfer systems, banks, payment systems and for delays related to their work.
- Delay in the delivery of goods, which is carried out with the help of third-party carrier companies.
- Proper functioning of the Site, if the Buyer does not have the necessary technical means for its use, and also does not bear any obligations to provide users with such means.
- The contents of the complete packaging, given by the manufacturer, for the composition of perfumes or cosmetic products, compliance by the Manufacturer with technological rules and conditions during the manufacture of the product.
- The Seller is not responsible for losses and damage caused to the Buyer in case of improper use of the Goods purchased from the Seller.
10.2. In the event of disputes related to the performance of this Agreement by the Parties, with the exception of disputes about debt collection from the buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The claim review period is 7 (seven) calendar days from the date of its receipt. In disputes related to debt collection from the Buyer, compliance with the claims procedure is not required.
10.3. All disputes, disagreements or claims arising from this Agreement or in connection with it, including those related to its implementation, violation, termination or invalidity, are subject to resolution in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
10.4. All actions carried out on behalf of the Buyer, i.e. using his login and password, are solely the responsibility of the Buyer.
10.5. The invalidity of any of the provisions of these rules and conditions by the court does not entail the invalidity of all provisions.
FORCE MAJEURE CIRCUMSTANCES
11.1. The parties shall not be liable for failure to perform any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, that is, events or circumstances that are truly beyond the control of such party, which occurred after the conclusion of this Agreement, are unpredictable and unavoidable.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, frostbite, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, disasters, restrictions imposed by state authorities (including distribution, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.
11.2. The Party for which it became impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above-mentioned circumstances, and also provide the other Party with confirmation of the force majeure circumstances within 30 (thirty) calendar days . Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure circumstances.
11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was delayed due to the listed circumstances.
11.4. If, due to force majeure, non-fulfillment of obligations under this Agreement continues for more than three months, each of the Parties has the right to unilaterally terminate this Agreement by notifying the other party in writing.
Despite the onset of force majeure, before terminating this Agreement as a result of force majeure, the Parties shall make final mutual settlements.
PRIVACY POLICY
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the purpose of fulfilling his Order (sending a message to the Seller and the Buyer about the order of the Goods, sending advertising messages, etc.).
12.2. By his own acceptance of the Agreement or registration on the website https://aloe.in.ua (filling in the registration form), the Buyer voluntarily gives his consent to the collection and processing of his personal data for the following purpose: the data that become known will be used for commercial purposes, including including for processing orders for the purchase of goods, receiving information about the order, sending by telecommunications means of communication (e-mail, mobile communication, etc.) advertising and special offers, information about promotions, raffles or any other information about the activity of the Site https ://aloe.in.ua.
For the purposes provided for in this clause, the Buyer has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as to send sms messages and make calls to the phone number specified in the application form.
12.3. The buyer gives the right to process his personal data, including: to place personal data in databases (without additional notification about this), to carry out lifelong storage of data, their accumulation, update, change (as necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data of any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for the specified purposes, and also at the mandatory request of the competent state body).
12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement about refusal to receive advertising materials, sending it to the postal or e-mail address.
12.5. The Seller is not responsible for the content and reliability of the information provided by the Buyer when placing the order. The buyer is responsible for the accuracy of the information specified when placing the order.
COOKIES
- 1. A cookie is a small piece of information that is sent to the browser and stored on the hard drive of the computer.
- 2. The site https://aloe.in.ua uses cookies to monitor the use of the Site, as well as the provision of services. This technology expands the possibilities of using the Internet by maintaining the priorities of visitors when viewing certain sites. When the user browses the https://aloe.in.ua website, the website can place cookies on the user's computer. Such temporary cookies are used to count the number of visits to the Site. They are deleted when the user exits the browser. Permanent cookies can be stored on the user's computer by the browser. During Registration, this type of cookie informs the Site whether the user is visiting the Site for the first time. Cookies do not contain personal data of users, leave out of transmission user contact data or information from users' computers and can be blocked by the user at any time. Cookies are used to provide Site users with the most relevant information; help make the Site safer, more secure and more convenient; provide an opportunity to track violations of the Privacy Policy by visitors or devices; provide an opportunity to estimate the number and frequency of requests, as well as detect and block visitors or devices that try to perform batch downloads of information from the Site.
- 3. To block the reception of new cookies, you can use the "Help" shortcut, which is present on the panel of most browsers. Cookies allow the user to fully use all the features of the Site, so we recommend leaving them enabled.
ADDITIONAL CONDITIONS
14.1. The site and the services provided by it may temporarily not work, be partially or completely unavailable due to technical work.
14.2. The photos accompanying the Product are only illustrations of the product and may differ from the actual appearance of the Product.
14.3. Descriptions and specifications accompanying the product do not claim to be exhaustive and may include errors. To clarify information, or request to change information, the Buyer must contact the Seller by means of electronic communication (e-mail, message via the established form on the Site) or telephone.