(Agreement on sale of goods)
Date of latest changes – 03 August 2022
I. This Agreement is an official and public offer of the Seller to enter into an agreement of sale of the Goods presented on the website of the Online Store: https://www.nana-underwear.com/ and the Official Instagram page of the shop: @na_na_underwear.
This Agreement is public, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (natural person, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and conditions of ordering, payment for goods, delivery of goods, return of goods, liability for unscrupulous Order and all other terms of the agreement.
2.1. Public offer (hereinafter – the Offer) - public offer of the Seller, addressed to an indefinite circle of persons, to conclude with the Seller an agreement of sale of goods remotely (hereinafter - the "Agreement") on the terms contained in this Offer.
2.2. Goods - the object of the agreement of the parties, which was selected by the Buyer on the website of the Online Store and placed in the “Cart”.
2.3. Online store - the Seller's website at www.nana-underwear.com is created for the conclusion of agreements of retail purchase and sale on the basis of acquaintance of the Buyer with the description of the Goods offered by the Seller by means of the Internet.
2.4. Website - the address of the Seller's online store is located at: https://www.nana-underwear.com/ and includes all of its web pages.
2.5. Buyer - natural person with full legal capacity who has reached 18 years of age, legal entity or individual entrepreneur that receives information from the Seller, places an order to purchase goods presented on the website of the Online Store for non-business purposes.
2.6. Seller – Individual Entrepreneur Dzyuba Anastasia (identification code an entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations №2003540000000015963 dated 19.04.2021, registration number of taxpayer registration card 3597906107), established and operating in accordance with current legislation of Ukraine, located: 08302, Ukraine, Boryspil, st.Volodymyra Momota, bud.40, flat 81, tel.+38 (093) 263 29 07
2.7. Acceptance - providing the Seller with the full and unconditional consent of the Buyer on the offer, to conclude a Public Agreement on the terms specified in the Public Agreement and taking action foreseen by this Agreement aimed at accepting the terms of the Public Offer.
2.8. Order - properly executed procedure of the purchase, placed through the Website or by sending to the Seller's email a message with the Buyer's request to purchase the selected Goods.
2.9. Quality of the goods – standards established by the legislation of Ukraine in force and which are applied to the Goods.
2.10. Defect – any non-compliance of the Goods with the requirements of legislation of Ukraine in force, the terms of this Agreement or its conditions, and with information about the Goods provided by the Seller.
2.11. Significant defect - a defect that makes it impossible or unacceptable to use the Goods for its intended purpose, arose from the fault of the Seller, and which after its elimination embodies itself again for reasons other than the Buyer's action, and at the same time reveals at least one of the following features: a) it cannot be eliminated at all; b) its removal by the Seller will take more than 14 calendar days from the date the Seller has received the item back to its office; c) it makes the Goods substantially different from those which the Agreement provides; d) the Buyer has proven and the Seller has accepted that the significant defect has occurred not from actions of the Buyer.
III. THE SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes an obligation to transfer ownership of the Goods to the Buyer, and the Buyer undertakes an obligation to pay for and accept the Goods under the terms of this Agreement.
3.2. The date of concluding the Agreement (acceptance of the offer) and the moment of full and unquestioning acceptance by the Buyer of the terms of the Agreement is the moment the Buyer clicks the "Place Order" button on the ordering page in the "Checkout" webpage, provided the Buyer receives electronic order confirmation from the Seller.
3.3. If the Buyer has not received an electronic confirmation of the Order, the Buyer has to reach out to the Seller within 5 calendar days.
IV. TERMS OF THE ORDER
4.1. The Buyer places an order on the website of the Online Store of the Seller through the form "Cart".
4.2. The Seller has the right to refuse to place the Order to the Buyer if the information provided by the Buyer during the Order is incomplete or raises suspicions about its validity. The Seller has the right to reach out to the Buyer in case there is a need to confirm any data or information provided by the Buyer in the Order.
4.2.1. With respect to communication, the Seller can reach out to the Buyer through the email addresses, phone numbers or Instagram accounts indicated by the Buyer in the Order.
4.3. When placing an order on the website of the Online Store, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the Order:
4.3.1. last name, first name of the Buyer;
4.3.2. complete and explicit address to which the Goods should be delivered;
4.3.3. contact phone number, email address.
4.3.4. All the data and information provided by the Buyer must be indicated in latin characters.
4.4. The name, quantity, price and other features of the Goods selected by the Buyer are indicated in the Buyer's cart on the website of the Online Store.
4.5. If either Party requires additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when buying goods in the online store.
4.6. The Buyer's acceptance of the terms of this Offer is made at the moment the Buyer clicks the "Place Order" button on the ordering page in the "Checkout" webpage. The moment of placing the Order is the moment when the Buyer's data is entered into the Seller's database.
4.6.1. The Seller`s database is confidential and the Buyer`s data is used only in the scope of this Agreement and business activity of the Seller. For broader terms of data usage please refer to paragraphs 9.1-9.3.2. of this Agreement.
4.7. The Buyer is responsible for the accuracy of the information provided when placing an order.
4.8. By concluding the Agreement, i.e. accepting the terms of this offer by placing an Order, the Buyer confirms the following:
a) the Buyer is fully and explicitly acquainted with and agrees to the terms of this offer (agreement);
b) the Buyer gives permission for the collection, processing and transfer of personal data, permission for the processing of personal data is valid throughout the term of the Agreement, as well as for an unlimited period after its expiration. Explicit terms of data usage are indicated in paragraphs 9.1.-9.3.2. of this Agreement.
V. THE PRICE AND PAYMENT
5.1. Prices for goods are determined by the Seller independently and are listed on the website of the online store for each item separately.
5.2. All prices for the Goods are given in Hryvnia - UAH (₴), (national currency of Ukraine).
5.2.1. Prices for the Goods may be additionally stated in other foreign currency, but all payments for the Goods shall be made in UAH. Depending on the fluctuations in the exchange rate set by the National Bank of Ukraine, the amounts actually discharged from the Buyer's account in foreign currency may differ from the price of the Goods in foreign currency pointed on the Website.
5.2.2. All costs related to the commission and other fees that the bank will charge for the conversion of foreign currency shall be covered by the Buyer.
5.3. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods the Buyer pays separately in accordance with the current tariffs of delivery services (carriers). The Seller may indicate the estimated cost of delivery of the Goods to the address of the Buyer when the Buyer addresses a request to the Seller by sending an e-mail.
5.4. Payment for the Goods shall be made in one of the following ways:
5.4.1. In cashless mode using credit or debit cards according to the rules of the respective payment system.
5.4.2. By manual payment on the basis of an invoice.
5.4.3. The payment method for the Goods shall be determined by the Buyer freewheelingly and shall be indicated at the time of placement of the Order of the Goods.
5.4.4. Payment of the Goods by credit or debit card shall be made immediately after clicking the “Place Order” button.
5.5.The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds in his account.
5.6.The Seller pays the commissions of the payment system.
5.7. The Buyer pays the commission for currency conversion as well as commissions of correspondent banks if such exist.
5.8. The Buyer or his representative during the acceptance of the Goods confirms his signature in the goods receipt and/or in the order / or in the consignment note for delivery of goods, which has no claims to the quantity of goods, appearance and completeness of goods.
5.9. Ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or his Representative from the moment the Buyer receives the Goods in the city of delivery of the Goods in case of independent delivery of the Goods from the Seller or during the Seller's transfer to the delivery service (carrier) chosen by the Buyer.
VI. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The Seller must:
6.1.1. produce and organize delivery of the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's Order.
6.1.2. not disclose any private information about the Buyer and not provide access to this information to third parties, except as provided by law and during the execution of the Buyer's Order.
6.2. The Seller is entitled to:
6.2.1. сhange the terms of this Agreement, as well as prices for goods, unilaterally, placing them on the website of the online store. All changes take effect from the moment of their publication.
6.2.2. any change in prices does not effect orders which were placed before such changes.
6.3. The Buyer must:
6.3.1. before entering into this Agreement, read the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.
6.3.2. in Order for the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary information that uniquely identifies him as the Buyer and is sufficient for delivery of the ordered Goods to the Buyer.
6.4. The Buyer is entitled to:
6.4.1. Receive the goods produced under the Order and of the quality stipulated by this Agreement.
6.4.2. in order to know the information about the stages of the production of Order, the Buyer may reach out to the Seller in one of the ways, stipulated by this Agreement.
VII. RETURN POLICY
7.1. The Buyer chooses the type of the product, design, size, colour as well as all other features and indicates this information in the Order.
7.2. If necessary, the Buyer can get advice from the store manager on choosing the size according to the size chart.
7.2.1. The store manager provides advisory support and is not responsible for the product properties chosen by the Buyer.
7.3. As specified in paragraphs 7.1.-7.2., the Buyer is responsible for all the selected features of the selected goods. Products made to order (custom order) cannot be exchanged or returned.
7.4. If the Buyer has chosen the wrong size, the Seller can make changes to the Order only within 1 (one) calendar day from the date of placing the Order.
7.5. The Buyer can return any item purchased on https://www.nana-underwear.com/ within 14 (fourteen) calendar days from the delivery date.
7.5.1. Product categories that are not refundable, no matter what the product name itself is online:
220.127.116.11. Tights, socks, stockings.
18.104.22.168. Leotards/ swimwear.
22.214.171.124. Corset goods (corsets).
126.96.36.199. Lingerie: underwear, briefs, thongs, bodysuits.
188.8.131.52. The Buyer has no right to refuse the goods of proper quality, which has individually defined properties (custom order), if the goods can be used only by the Buyer who purchased it (including at the request of the Buyer non-standard sizes, characteristics, appearance, equipment and other). Confirmation that the product has individually defined properties is the difference between the size of the product and other characteristics specified in the online store.
7.6. The good or goods which the Buyer decide to return to the Seller must be returned in its original and unaltered condition.
7.6.1. The Seller is not responsible for defects of the Goods that arose after its transfer to the Buyer as a result of violation by the Buyer of the rules of use or storage of the Goods, actions of third parties or force majeure.
7.6.2. The Buyer, who is an international customer, can return the parcel using any postal service. However, as the parcel remains the Buyer`s responsibility until it arrives to the Seller, the Buyer must keep proof of dispatch.
184.108.40.206. In the case of para 7.6.2. the Buyer pays fees of the delivery service.
7.7. The Seller reserves the right to reject returned items, which were sent or communicated beyond the return period limit, or items that are not in their original and unaltered condition.
7.8. The Seller will notify the Buyer on the results of return consideration.
7.8.1. The Seller considers the return for 7 (seven) working days from the date of receipt of the returned item at a postal office.
7.9. In case the return is approved the Buyer is entitled to receive the refund in the same payment method used for the purchase or to exchange the item for another item of another size and of the same price. Each option to be made by the Buyer within 5 (five) working days counting from the date of the results of return consideration through e-mail message to the Seller.
7.9.1. In case of exchanging the product for a different size, the Seller undertakes to produce and send the product within 30 (thirty) working days from the date of the e-mail receipt indicated in para 7.9.
7.9.2. The cost of delivery of the exchanged item is paid by the Buyer.
7.9.3. Duties, taxes, bank commissions and the original shipping charges are non-refundable.
8.1. The Seller shall not be liable for damage caused to the Buyer or third parties as a result of improper use, storage of the Goods purchased from the Seller.
8.2. The Seller is not responsible for improper, late execution of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.
8.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
8.4. The Seller shall be released from liability for full or partial non-performance of its obligations if the non-performance is the result of force majeure such as war or hostilities, earthquake, flood, fire, other natural disasters, etc. that occurred regardless of the Seller's, regardless of the moment when such circumstances occurred (before or after placing the Order).
8.4.1. An occurrence of force majeure circumstances is notified by the Seller to all the parties in the means of an email massage or notification on the Website or official Instagram page of the Seller.
9.1. Providing his personal data on the website of the Online Store when registering or placing an Order, the Buyer gives the Seller his voluntary and explicit consent to the processing, use (including transfer) of his personal data and other actions under the Law of Ukraine "On Personal Data Protection", without limiting the validity of such consent.
9.1.1. In addition, by concluding this Agreement, the Buyer confirms that he is informed (without additional notice) about the rights established by the Law of Ukraine "On Personal Data Protection", the purposes of data collection, and that his personal data is transferred to the Seller of this Agreement, as well as to obtain invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notice to the Buyer in order to fulfill the Buyer's Order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by the Buyer fully and explicitly.
9.1.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation of the Seller's provision of information to counterparties and third parties acting on the basis of an agreement with the Seller, including to fulfill obligations to the Buyer (e.g., delivery of the goods by third parties), as well as in cases where disclosure of such information is required by current legislation of Ukraine.
9.1.3. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or non-performance of its obligations due to the irrelevance of information about the Buyer or inconsistency with its validity.
9.3. The Buyer may give its consent to publishing its photos related to the Order (photos that the Buyer willingly sent to the Seller with regard to the goods) on the Instagram page of the shop.
9.3.1. The Seller will not post any photos of the Buyer, without the Buyer`s explicit and clear consent with regard to indicated photos which sent by the Buyer to the Seller.
9.3.2. The consent must be given by means of an electronic message from the Buyer email address indicated in the Order or to the Seller`s Instagram page.
X. VALIDITY OF THE CONTRACT
10.1 The Agreement is considered concluded from the moment the Buyer clicks the "Place Order" button on the ordering page in the "Checkout" webpage and receiving by the Buyer from the Seller confirmation of the Order in electronic form.
10.2. The Agreement is valid until the Parties fulfill their obligations specified in this Agreement.
10.2.1. Separate provisions of the Agreement may apply to the Parties after they have fulfilled their obligations (in terms of personal data protection).
XI. OTHER TERMS AND CONDITIONS
11.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
11.2. The Parties to this Agreement undertake obligation to resolve any disputes that arose from this Agreement through mutual negotiations within 90 working days.
11.2.1. The start of mutual negotiation is considered to be the date when the Seller has received a written letter of claim to its postal address indicated in this Agreement.
11.3. In case of failure to resolve the dispute through negotiations, the Buyer and / or the Seller have the right to apply to the court in accordance with applicable law of Ukraine.
11.4. The Seller has the right to amend this Agreement unilaterally.
XII. THE SELLER`S DATA
12.1. Individual Entrepreneur Dzyuba Anastasia (identification code an entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations №2003540000000015963 dated 19.04.2021, registration number of taxpayer registration card 3597906107);
12.2. 08302, Ukraine, Boryspil, st.Volodymyra Momota, bud.40, flat 81
12.3. +38 (093) 263 29 07
Date of conclusion and last changes – 14 June 2022
І. General provisions
1.2. Personal data – information or a set of information about a natural or legal person who is identified or can be specifically identified.
1.3. Kozhen has the right to protection of personal data relating to him. Understanding the responsibility to buyers, registered users and any other persons who use the information on the website, we strive to protect the personal data of the above-mentioned persons in accordance with the current legislation of Ukraine and the European Convention on Human Rights and Fundamental Freedoms.
1.4. By filling out the registration form data, placing an order on the website, performing any other interaction with the website, you consent to the processing of your personal data in order to provide you with the requested information, information about the goods, updating the assortment, your orders, discounts, store news, providing access to the user page, preparation of statistical, administrative and other information.
1.5. Before using the Website, carefully read your rights and obligations to process personal data specified in Article 8 of the Law of Ukraine "On Personal Data Protection", this Policy, as well as express your full consent to its terms.
1.6. The data obtained as a result of your interaction with the Website is used solely for the purpose specified in this Policy and is not transferred to third parties outside the scope of this Policy without the consent of the subject of personal data.
II. Purpose, conditions of collection and use of personal data
2.1. The collection of personal data is carried out solely on your conscious and voluntary decision as a subject of personal data to use the functionality of the Website and in accordance with the purpose of personal data processing formulated in this Policy.
2.2. The scope and type of collection and use of your personal data vary depending on the role in which you plan to use the functionality of the Website.
2.3. By registering on the Website and filling in the personal account data, depending on the role you have chosen, you provide the following data:
2.3.1. Full name, e-mail address, phone number, postal address for delivery of the Order.
2.5. In the future, we may also store information about: the goods you have chosen, the product you ordered, the date of Order and the date of payment for the goods.
2.5.1. processing your orders, selling and delivering our products to you;
2.5.2. send you letters with our news, updates, interesting offers;
2.5.3. providing you with discounts on our products;
2.5.4. communication with you.
2.6. We also collect information (in particular about the use of the Website: information about the type and version of the browser, computer operating system, duration of visit to the Portal, number of page views and web navigation, other personal information contained in requests for feedback forms, e-mails, etc.) for compiling and analyzing statistics and for the security of our website. employed workers under the full control of individual entrepreneurs. The grounds for processing your personal data may be:
2.6.1. your ordering of our goods (the basis is the conclusion and execution of the contract, as well as the preliminary actions necessary for its conclusion);
2.6.2. your explicit consent to the processing of your personal data by us or a third party (the basis is consent to the processing);
2.6.3. our commercial activities (based on our legitimate interests).
2.7. The terms of processing your personal data depend on the purpose of their processing and the technology used (this applies to cookies).
2.7.1. Personal data related to the purchase and delivery of goods is processed within 90 (ninety) calendar days from the date of your Order.
2.7.2. Personal data for marketing purposes is processed up to 2 (two) years – so that you are always aware of our news, special offers, etc.
2.7.3. We also store information about the discount provided to you when you first register on the website for a period of 6 (six) months.
2.7.4. The terms of processing your personal data by third parties are not established by us and are completely dependent on the rules approved by them.
III. Rights of the personal data subject
3.1. By registering on the Website or subscribing to the Newsletter of the Website, you have the right in the context of the personal data you provide:
3.1.1. receive information about the sources of collection and the place of storage of their personal data, the purpose of their processing;
3.1.2. receive information about the conditions for granting access to personal data, in particular information about third parties to whom your personal data is transferred;
3.1.3. receive no later than thirty calendar days from the date of receipt of a written request (except for cases stipulated by the Law of Ukraine "On Protection of Personal Data") information on the processing and use of your personal data;
3.1.4. make a reasoned request to the owner of personal data with an objection to the processing of your personal data;
3.1.5. apply legal remedies in case of violation of the legislation on personal data protection;
3.1.6. withdraw consent to the processing of your personal data.
3.1.7. to exercise other rights provided for by the Law of Ukraine "On Protection of Personal Data".
IV. Transfer of personal data to third parties
4.1. The Website Administrator does not transfer or disclose personal data received from registered entities to third parties.
4.2. Disclosure of personal data is possible in cases determined by the current legislation of Ukraine, as well as in the case of involving third parties providing technical support and / or services to improve the Website under the terms of the contract and subject to non-disclosure of personal data.
V. Protection of personal data
5.1. We take the necessary procedural and technical measures to protect your personal data from their loss, unlawful access to them or their distribution on the Website.
VI. Changes to the terms of the Policy
6.1. The Website Administrator may change this Policy to accurately reflect the methods of collecting, processing, using, accessing and protecting personal data.
6.2. Accordingly, you should review this Policy from time to time. When the website administrator changes this Policy, he updates the "last modified" date at the top of this Policy. Changes to this Policy are effective when published.
VII. Location of personal data
7.1. The owner and manager of personal data is Individual entrepreneur Dzyuba Anastasia Vitalyivna.
7.2. Personal data is stored in automated systems at: www.nana-underwear.com.