Terms of service

PUBLIC OFFER AGREEMENT

for the ordering, purchase and delivery of goods

This Agreement is an official and public offer by Individual Entrepreneur Kateryna Volodymyrivna Andriiashchenko (hereinafter — the “Seller”) to conclude a contract of sale for the goods presented on the website https://uk.shinigamicouture.com (hereinafter — the “Website”) with any legally capable person (hereinafter — the “Buyer”). In accordance with Article 633 of the Civil Code of Ukraine, this Agreement is public and contains identical terms for all Buyers.

By placing an order and clicking the “Confirm Order” button in the cart on the Website, and upon receiving electronic confirmation of the order from the Seller, the Buyer fully accepts the terms of this Agreement, including the procedure for ordering, payment, delivery, returns, liability and other terms.

1. Terms and Definitions

1.1. Public Offer (hereinafter — the “Offer”) — a public proposal by the Seller addressed to an indefinite group of persons to conclude a contract of sale of goods remotely on the terms set out in this Offer.

1.2. Goods — any product presented on the Website and selected by the Buyer for purchase.

1.3. Online Store — the Seller’s Website, created for the sale of goods by remote means.

1.4. Buyer — a legally capable natural person (including a Consumer), as well as a legal entity or individual entrepreneur (subject to the availability of the relevant functionality/terms on the Website) who places an order.

1.5. Seller — Individual Entrepreneur Kateryna Volodymyrivna Andriiashchenko, acting in accordance with the legislation of Ukraine.

2. Subject of the Agreement

2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.

2.2. The characteristics of the Goods (name, size/colour, quantity), price, availability, and dispatch/production times (if any) are stated on the Website in the product card and/or in the order confirmation.

2.3. The Agreement is deemed concluded from the moment of the Buyer’s acceptance of the Offer as defined by this Agreement.

3. Placing an Order

3.1. The Buyer places the order independently through the Website.

3.2. The Seller has the right to clarify the Buyer’s details and/or decline to process an order in the event of an obvious error, incomplete data, or suspected fraud.

3.3. When placing an order, the Buyer provides the data necessary to fulfil the order: full name, contact telephone number, delivery address, email (if available), and other data required for delivery/payment.

3.4. The data regarding the Goods (name, quantity, price) are determined in the cart and/or in the order confirmation.

3.5. If necessary, the Seller may request additional information to fulfil the order.

3.6. The Buyer’s data is stored in the Seller’s database to the extent necessary to fulfil the order and comply with legal requirements.

3.7. The Buyer is responsible for the accuracy of the information provided.

3.8. By placing an order, the Buyer confirms:

3.8.1. Full acceptance of the terms of this Offer;

3.8.2. Consent to the processing, transfer and storage of personal data in accordance with the Law of Ukraine “On the Protection of Personal Data.”

4. Prices, Payment and Delivery

4.1. Prices on the Website are stated in Ukrainian hryvnia (UAH). Taxes/duties are included in the price in accordance with the Seller’s taxation regime.

4.2. Prices may change without prior notice; however, the price of orders already paid for is not subject to change.

4.3. The cost of delivery is not included in the price of the Goods and is paid by the Buyer separately in accordance with the rates of the selected delivery service and/or the terms stated on the Website.

4.4. The approximate cost of delivery can be clarified upon request or during the placement of the order.

4.5. Payment is deemed made from the moment the funds are credited to the Seller’s account or the payment is confirmed by the payment service (depending on the payment method).

4.6. Upon receiving the Goods, the Buyer is obliged to check the integrity of the packaging and the conformity of the contents (name/quantity/size, etc.) and, if necessary, record any damage/non-conformity with the carrier.

4.7. Ownership and the risks of accidental loss/damage to the Goods pass to the Buyer from the moment of actual receipt of the Goods (unless otherwise established by law).

5. Rights and Obligations of the Parties

5.1. The Seller is obliged to:

5.1.1. Deliver the Goods in accordance with the order and the terms of this Agreement;

5.1.2. Maintain the confidentiality of the Buyer’s data, except in cases provided for by law or necessary to fulfil the order.

5.2. The Seller has the right to:

5.2.1. Make changes to this Agreement and to the prices of the Goods unilaterally by publishing such changes (a new version) on the Website. The changes apply to orders placed after the date of publication.

5.3. The Buyer is obliged to:

5.3.1. Familiarise themselves with the terms of this Agreement and the information about the Goods before placing an order;

5.3.2. Provide complete and accurate data for delivery.

6. Returns and Exchanges

6.1. For Consumers (natural persons purchasing for personal needs), the right to exchange/return goods of proper quality applies within 14 days of receipt, provided that the marketable appearance, consumer properties, seals/labels (if any), and the receipt/payment document have been preserved.

6.2. Goods of proper quality that are not subject to exchange (return) are defined by the list approved by Resolution of the Cabinet of Ministers of Ukraine No. 172 (including, in particular: underwear, hosiery and socks, etc.).

6.3. If an exchange is not possible (no equivalent Goods are available), the Consumer has the right to rescind the contract and receive a refund in the manner provided for by law.

6.4. Refunds are made by the same method used for payment, or to the Buyer’s bank account (by agreement / subject to the technical capability of the payment system).

6.5. The cost of return shipping is paid by the Buyer and is not reimbursed, unless otherwise provided for by law or by the Seller’s decision in a particular case.

6.6. Claims are reviewed subject to the availability of the necessary documents. The Seller is not liable for damage resulting from improper use or the actions of third parties / force majeure.

6.7. Goods made to order or with personalisation are non-returnable (to the extent permitted by law).

6.8. The return address is provided to the Buyer after prior agreement of the return with the Seller’s manager. To obtain the address and return instructions, the Buyer contacts the Seller via the contacts indicated on the Website and/or in the order confirmation. Returns sent without prior agreement and without obtaining the current address/instructions may not be accepted for processing.

7. Liability of the Parties

7.1. The Seller is not liable for harm caused by improper installation, use, or storage of the Goods.

7.2. The Seller is not liable for the non-performance of obligations in the event that the Buyer provides inaccurate information.

7.3. The Parties are liable for the non-performance of the terms of this Agreement in accordance with the legislation of Ukraine.

7.4. Neither Party is liable for a breach of obligations in the event of force majeure (war, natural disasters, etc.). The affected Party must notify the other Party within a reasonable time.

8. Confidentiality and Protection of Personal Data

8.1. By placing an order, the Buyer consents to the processing of personal data in accordance with the Law of Ukraine “On the Protection of Personal Data” for the performance of this Agreement (acceptance, payment, delivery, returns) and for communication with the Buyer.

8.2. The Seller has the right to transfer data to third parties (delivery services and payment services) solely to the extent necessary to fulfil the order, or as required by law.

8.3. The Buyer is responsible for keeping the information provided up to date. The Seller is not liable for actions taken on the basis of outdated or incorrect data.

9. Final Provisions

9.1. This Agreement is governed by the current legislation of Ukraine.

9.2. Disputes are resolved through negotiations, and, if no agreement is reached, in court in accordance with the legislation of Ukraine.

9.3. If any provision of this Agreement is found to be invalid, this does not affect the validity of the other provisions.

Seller’s Details

Individual Entrepreneur: Kateryna Volodymyrivna Andriiashchenko

Tax ID / EDRPOU: 3613903649

IBAN: UA733220010000026002370048375

Bank: JSC “Universal Bank”

Email: info@shinigamicouture.com

Instagram: @shinigami.couture

Telegram: @shinigami_couture