General Provisions
1.1 This offer is an official proposal of Individual entrepreneur Nizenko А.A., hereinafter referred to as the "Seller", to enter into the Agreement of purchase and sale of goods by remote method, i.e. through the Internet-shop (Online Shop), hereinafter referred to as the "Agreement", and places the Public Offer (Proposal) on the official website of the Seller https://www.flirtandtan.com (hereinafter referred to as the "Website").
1.2 The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to enter into an electronic agreement of purchase and sale of goods is considered the fact of payment by the Buyer of the order on the terms and conditions of this Agreement, in terms and at prices specified on the Seller's website.
Definition of Terms
2.1 In this offer, unless otherwise required by the context, the following terms are used with the meaning:
"Goods" – swimwear, beachwear, accessories, components and related clothing (tunics, skirts, bands, dressing-gowns, etc.);
"Online Shop" – according to the Law of Ukraine "On Electronic Commerce", a means for the presentation or sale of goods, work or services by making an electronic transaction (agreement).
"Seller" – a company that sells goods presented on the Website.
"Buyer" – an individual who has entered into an Agreement with the Seller on the conditions set out below.
"Order" – selection of separate items from the list of goods specified by the Buyer when placing an order and making payment.
Subject of the Agreement
3.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms and conditions of this Agreement.
This Agreement regulates the purchase and sale of goods through the Online Shop, including:
- voluntary choice of goods by the Buyer through the Online Shop;
- independent ordering and checkout by the Buyer at the Online Shop;
- payment by the Buyer for the order placed in the Online Shop;
- the Buyer's order processing, and transfer of the goods to the Buyer's ownership on the terms of this Agreement.
Price of Goods
4.1 The price for every item of the Goods is indicated on the website of the Online Shop.
4.2 The Seller may unilaterally change the price for any item of the Goods.
4.3 In the event of a price change for the ordered Goods, the Seller undertakes to inform the Buyer of the change in the price of the Goods.
4.4 The Buyer has the right to confirm or cancel a purchase order for the Goods, if the price has been changed by the Seller after placing the Order.
4.5. The Seller is not allowed to change the price of the Goods, which have already been purchased and paid by the Buyer.
4.6. The Seller shall indicate the cost of delivery of the Goods on the website of the Online Shop or inform the Buyer when placing an order through the Operator.
4.7. The liabilities of the Buyer are considered to be fulfilled from the moment of receipt of the funds to the Seller's account.
4.8. Settlements between the Seller and the Buyer for the Goods are made by means specified on the Online shop’s website in the section "DELIVERY AND PAYMENT".
Order Procedure
5.1 The Buyer has the right to place an order for any Goods presented on the Website of the Online Shop if such is stock available.
5.2 Each item may be ordered in any quantity.
5.3 If the Goods aren’t available in stock, the Company Manager undertakes to inform the Buyer about it (by phone or by e-mail).
5.4. In the absence of the Goods, the Buyer has the right to replace it with the goods of the similar model, to refuse accepting such goods, to cancel the order.
Terms of Payment and Delivery
6.1 Payment methods, the order and terms of goods delivery are specified on the website in the section "DELIVERY AND PAYMENT". The procedure and terms of delivery of the ordered goods the Buyer shall agree with the operator of the Internet-market at the time of purchase.
Return of Goods
7.1. The return of goods to the Online Shop shall be conducted in accordance with the current legislation of Ukraine. According to the current legislation of Ukraine, swimwear and beachwear cannot be returned (the Law of Ukraine "On Protection of Consumer Rights").
The return of goods to the Online Shop shall be carried out at the expense of the Buyer.
7.2. The Buyer has the right to refuse and abandon the Goods at any time prior to the transfer, and after the transfer of the Goods – in the order and under the conditions determined by the Law of Ukraine "On Protection of Consumer Rights".
7.3. The return of the Goods of proper quality is possible if its resalable condition, consumer properties, as well as the document confirming the fact of purchase and order of the said Goods, are preserved.
7.4. The return of goods in cases stipulated by the law and this Agreement shall be made at the address specified on the website in the section "CONTACTS".
7.5. Upon the Buyer’s return of the Goods of proper quality, the Online Shop refunds the amount paid for the Goods upon the return of the Goods, excluding the compensation for the expenses of the Online Shop related to the delivery of the goods to the Buyer.
7.6. The refund specified in the Clause 7.5. shall be made simultaneously with the return of the Goods.
Rights and Obligations of the Parties
8.1 The Seller shall have the right to:
- unilaterally terminate the provision of services under this Agreement in the event of violation of the conditions of this Agreement by the Buyer.
8.2. The Buyer is obliged to:
- pay timely and receive the order on conditions of the present Agreement.
8.3. The Buyer shall have the right to:
- place an order through the Online shop;
- demand from the Seller to fulfill the terms and conditions of the present Agreement.
Liability of the Parties
9.1. Parties shall incur liability for non-fulfillment or improper fulfillment of the conditions of the present Agreement in the order stipulated by the present Agreement and the current legislation of Ukraine.
9.2. The Seller shall not be responsible:
- for insignificant discrepancy between the real color of the Goods and the color on the website exclusively due to different color transmission of personal computer monitors of particular models;
- for the content and reliability of the information provided by the Buyer when placing an order;
- for delays and interruptions in the provision of Services (order processing and delivery of the goods), which may occur for reasons beyond the sphere of control of the Seller;
- for illegal actions made by the Buyer by means of this access to the Internet;
- for the transfer by the Buyer of the network identifiers – IP, MAC address, login and password to third parties.
9.3. The Buyer, using the Internet access provided to him, is independently responsible for the damage caused by his actions (personally, even in the event if another person acted under his login) to persons or their property, legal entities, the state or ethical and moral principles.
9.4 In case of force majeure circumstances the Parties are released from the present Agreement. The force majeure circumstances for the purposes of this Agreement shall mean the events having extraordinary, unforeseen character, excluding or objectively interfering with the fulfillment of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
9.5. The Parties shall do their best to settle any disagreements exclusively through negotiations.
Other Conditions
10.1. The Online Shop shall reserve the right to unilaterally amend this agreement subject to the publication of such on the website https://www.flirtandtan.com/.
10.2. The Online Shop is created to be a remote way to sell goods through the Internet.
10.3. The Buyer shall bear responsibility for reliability of the information specified at the registration of the order. Thus, upon the acceptance (the order registration and the following payment for the goods) the Buyer shall give to the Seller the unconditional consent to gather, process, store, use the personal data, within the understanding of the Law of Ukraine "On Protection of Personal Data".
10.4. The payment by the Buyer of the order through the Online Shop shall mean the Buyer's full consent to the terms of the Agreement of sale and purchase (public offer).
10.5. The actual date of the electronic agreement between the Parties is the date of acceptance of the conditions, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce".
10.6. The use of the resource of the Online Shop for the goods preview, as well as for registration of order, is free of charge for the Buyer.
10.7. The information provided by the Buyer is confidential. The Online Shop uses information about the Buyer only for the purposes of order processing, sending messages to the Buyer, delivery of goods, payments settlement, etc.
Agreement Duration
11.1. An electronic agreement shall be deemed to be concluded from the moment the person who sent a proposal to enter into such an agreement receives a reply on acceptance of such proposal in the manner determined by part six of the Article 11 of the Law of Ukraine "On Electronic Commerce".
11.2 Before the expiration of this Agreement, it may be terminated by mutual consent of the parties before the actual delivery of goods, by means of the funds return.
11.3. The Parties have the right to terminate this Agreement unilaterally in the event of non-fulfillment of conditions of this Agreement by one of the Parties and in cases stipulated by the current legislation of Ukraine.
Please note that the online store "FlirtandTan" on the official website https://flirtandtan.com, shall have the right, in accordance with the laws of Ukraine, to provide the right to use the online platform for individual entrepreneurs and legal entities for disposal of goods.
