Public Contract

Public Contract (Offer) for Ordering, Purchase–Sale and Delivery of Goods

This Contract is the official and public offer of the Seller to conclude a contract of purchase–sale of the Goods presented on the website soleyabrand.com.
This Contract is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are identical for all buyers regardless of status (individual, legal entity, sole proprietor). By entering into this Contract, the Buyer fully accepts the terms and procedure of order placement, payment for the Goods, delivery of the Goods, return of the Goods, liability for unscrupulous ordering, and all other terms of the Contract. The Contract is considered concluded from the moment the “Order Confirmed” button is clicked on the order-placement page and the Buyer receives from the Seller a confirmation of the order in electronic form.

1. Definitions of Terms

1.1. Public Offer (hereinafter – “Offer”) – a public proposal of the Seller addressed to an indefinite circle of persons to conclude with the Seller a contract of purchase–sale of Goods remotely (hereinafter – “Contract”) through the Online Store on the website soleyabrand.com on the terms contained in this Offer.
1.2. Goods or Service – the object of the parties’ agreement, which has been selected by the Buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online Store – the Seller’s website at address soleyabrand.com created for concluding retail and wholesale purchase–sale contracts on the basis of familiarizing the Buyer with the description of the Goods offered by the Seller via the Internet.
1.4. Buyer – any legally capable person who, in the manner provided by this Contract, of their own free will fully accepted (acquiesced to) all its terms without exception.
1.5. Seller – sole proprietor
Sole Proprietor Opeyda Viktoriia Olehivna, address: 43018, Volynska obl., 4-y Provulok Stepovyi 4/1, phone: 0964070009, email: soleyabrand@gmail.com
The Seller may also be another legal entity or sole proprietor that posts on the Site information about goods.
The name of the Seller is indicated in the product card on the Site and in the documents for transfer of the Goods to the Buyer.
1.6. All other terms not separately defined in this Contract are to be understood and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, business customs, as well as the purpose and subject of this Contract.

2. Subject of the Contract

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 Contract.
2.2. The date of conclusion of the Contract-Offer (acceptance of the Offer) and the moment of complete and unconditional acceptance by the Buyer of the terms of the Contract is considered to be the moment of delivery (transfer) of the Goods under the condition of full (100 %) payment by the Buyer of the cost of the Goods and/or the date of completion by the Buyer of the order form located on the Online Store website, provided that the Buyer receives from the Seller a confirmation of the order in electronic form or by telephone. If necessary, at the Buyer’s request, the Contract may be executed in written form.

3. Order Placement

3.1. The Buyer independently places an order in the Online Store via the “Cart” form, or by placing an order by email or by the phone number indicated in the contact section of the Online Store.
3.2. The Seller has the right to refuse to fulfill the order to the Buyer in the event that the information provided by the Buyer when placing the order is incomplete or raises doubts as to its validity.
3.3. When placing an order on the Online Store website, the Buyer independently and at their own discretion selects the available Goods offered for sale and clicks the “Add to Cart” button. The Buyer independently fills out and sends to the Seller the “Order Placement” form, in which, in particular, the Buyer must indicate their surname, first name and patronymic, their contact phone number, email address, chosen payment method, chosen delivery method and desired delivery location of the Goods.
3.4. The name, quantity, and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the Online Store website.
3.5. If any Party to the Contract requires additional information, they have the right to request it from the other Party. Failure of the Buyer to request necessary/additional information releases the Seller from responsibility for providing a quality service to the Buyer when purchasing Goods in the Online Store.
3.6. When placing an order through the Seller’s operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3–3.4 of this Offer.
3.7. After filling out the “Order Placement” form, the Buyer must carefully familiarize themselves with all the terms of this Contract, and in case of acceptance (acquiescence) of these terms in full – click the “Confirm Order” button, which is considered the act of submitting by the Buyer the corresponding Order for the selected Goods.
3.8. This Contract is considered concluded, and the Seller’s proposal to conclude this Contract (Offer) is fully accepted by the Buyer from the moment the Buyer clicks the “Confirm Order” button on the website: soleyabrand.com
3.9. By clicking the “Confirm Order” button, the Buyer confirms their full and unconditional agreement with all the terms of this Contract without exception, including the terms regarding delivery and payment for the Goods at the prices specified on the Online Store website on the date of conclusion of this Contract by the Buyer.
3.10. By clicking the “Confirm Order” button, the Buyer confirms that they have been duly informed in a convenient and accessible manner, in accordance with the requirements of Part 2 of Article 13 of the Law of Ukraine “On Protection of Consumer Rights,” by the Seller about:

the location and working hours of the Seller;
the main characteristics and consumer properties of the selected Goods;
the cost of the selected Goods, as well as the cost of their delivery to the Buyer;
the method, procedure and conditions of payment and delivery of the selected Goods;
the procedure for accepting claims;
the period of acceptance of the proposal (Offer) for concluding this public Contract;
the procedure for termination of this Contract;
other conditions under which the Goods are offered for sale.

3.11. By clicking the “Confirm Order” button, the Buyer confirms that they have fully and properly, in accordance with the requirements of Article 15 of the Law of Ukraine “On Protection of Consumer Rights,” received all necessary, available, reliable and timely information about the selected Goods, which fully ensured the possibility of a conscious and competent choice of these Goods.
3.12. Clicking the “Confirm Order” button is considered the Buyer’s unconditional and full acceptance of all the terms of this Contract without exception, as well as entry into the corresponding contractual legal relations with the Seller. In cases provided by the current legislation of Ukraine, this Contract is concluded in written form.
3.13. The processing and execution period by the Seller of the Order sent by the Buyer for the Goods is up to 2 (two) business days from the date of filling out and sending by the Buyer in the manner established by clauses 3.1–3.2 of this Contract of such Order for the Goods. If the specified Order for the Goods was sent by the Buyer on a weekend or public holiday, the processing and execution period of this Order for the Goods begins from the first business day following the weekend or public holiday (this clause applies only to the processing and execution of the order, and not to the production time of the Goods).
3.14. The Buyer is responsible for the accuracy of the information provided when placing the Order.

4. Price and Delivery of Goods

4.1. Prices for the Goods are determined by the Seller independently and indicated on the Online Store website. All prices for the Goods on the website are indicated in the national currency – hryvnia.
4.2. Prices for the Goods and services may be changed unilaterally by the Seller depending on market conditions. At the same time, the price of an individual unit of the Goods, the cost of which has been paid by the Buyer in full, cannot be changed unilaterally by the Seller.
4.3. The cost of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of the delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.4. The cost of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the address of the Buyer.
4.5. The Seller may indicate the approximate cost of delivery of the Goods to the address of the Buyer when the Buyer contacts the Seller with the respective request by sending a letter to the e-mail address or when placing an order through an operator of the Online Store.
4.6. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the funds are credited to the Seller’s account.
4.7. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the Online Store website in the “Payment Method” section.
4.8. Failure by the Buyer to fulfill his obligations regarding payment for the Goods ordered by him is considered a unilateral refusal of the Buyer of this Contract in full, which, accordingly, results in the termination in full of all obligations of the Seller that arose as a result of the Buyer’s acceptance of the Seller’s offer to conclude this Contract.
4.9. All settlements under this Contract are made exclusively in the national currency of Ukraine. The Seller may, for the convenience of certain Buyers, also indicate the price in a foreign currency, with the amount payable in hryvnias being determined at the official exchange rate of the respective currency on the day of payment.
4.10. If the Buyer ordered the Goods without delivery, he may independently collect the ordered Goods at the address of the Seller specified in the “Contacts” section on the SOLEYA Online Store website.
4.11. If the Buyer ordered the Goods with delivery, the Seller undertakes, within the period specified in the respective automatic electronic notification regarding the processing of the Buyer’s Order for the Goods, but in any case no later than thirty (30) calendar days from the moment of the Buyer’s conclusion of this Contract (the Buyer’s acceptance of the Seller’s Offer), to deliver the ordered Goods to the Buyer or the Recipient of the Goods at the place of delivery of the Goods specified by the Buyer in the respective Order for the Goods.
4.12. Delivery of the Goods is carried out by the Seller in the manner and to the place determined by the Buyer in the respective Order for the Goods.
4.13. The cost of delivery of the Goods ordered by the Buyer is determined depending on the place and method of delivery specified by the Buyer in the respective Order for the Goods.
4.14. Delivery and handing over (transfer) of the ordered Goods by means of the delivery service LLC “Nova Poshta” are carried out under this Contract taking into account the peculiarities of cargo delivery conditions established by LLC “Nova Poshta.”
4.15. The risk of accidental destruction, loss, or damage of the ordered Goods passes to the Buyer from the moment of delivery (transfer) of the Goods to the Buyer or the Recipient of the Goods.
4.16. Upon receiving the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods to quality and quantitative characteristics (name of the Goods, quantity, completeness, expiration date).
4.17. The Buyer or his representative, upon acceptance of the Goods, confirms with his signature in the goods receipt and/or in the Order and/or in the waybill for the delivery of goods.
4.17.1. The signature of the Buyer or the Recipient of the Goods on the second copy of the Order form for the Goods is the unconditional confirmation of the following facts:

receipt of the ordered Goods by the Buyer or the Recipient of the Goods;
conformity of the ordered Goods to the Order submitted by the Buyer for these Goods;
absence of any claims by the Buyer regarding the quality and completeness of the ordered Goods.

4.18. The ownership right and the risk of accidental loss or damage of the Goods pass to the Buyer or his Representative from the moment the Goods are received by the Buyer in the city of delivery of the Goods in the case of self-collection of the Goods from the Seller, or at the time the Seller transfers the Goods to the delivery service (carrier) chosen by the Buyer.
4.19. This Contract is considered executed at the moment of delivery (transfer) to the Buyer or the Recipient of the fully complete Goods ordered by the Buyer of proper quality, which fully corresponds to the Order submitted by the Buyer for these Goods.
4.20. The refusal of the Buyer or the Recipient of the Goods to accept the ordered Goods, which are of proper quality, complete, and fully correspond to the Order submitted by the Buyer for these Goods, and/or the refusal of the Buyer or the Recipient of the Goods to sign the documents for these Goods is considered a unilateral refusal of the Buyer of this Contract in full, which, accordingly, results in the full termination of all obligations of the Seller that arose as a result of the Buyer’s acceptance of the Seller’s Offer to conclude this Contract, except for the Seller’s obligations to return the funds paid by the Buyer for the Goods (if such funds have been paid), and the Buyer’s obligation to pay for the delivery (if courier delivery of the Goods was ordered).

5. Rights and Obligations of the Parties

5.1. The Seller undertakes:
5.1.1. To transfer the Goods to the Buyer in accordance with the terms of this Contract and the Buyer’s order;
5.1.2. Not to disclose any private information about the Buyer and not to grant access to such information to third parties, except as provided by law and in the performance of the Buyer’s Order;
5.1.3. Upon receipt of payment for the Goods, to provide the Buyer with an electronic document, receipt, goods or cash register check confirming the fact of receipt of funds with indication of the date of payment. In case of receipt of the Goods at a postal office (in the case of cash on delivery using the “cash on delivery” service), the corresponding document confirming the fact of payment for the Goods shall be issued by the postal office.
5.2. The Seller has the right:
5.2.1. To change the terms of this Contract, as well as prices for Goods and services unilaterally, by posting them on the Online Store website. All changes come into force from the moment of publication.
5.2.2. To hold sales and offer promotional deals providing a temporary opportunity to purchase Goods on more favorable terms than usual.
5.3. The Buyer undertakes:
5.3.1. Prior to the conclusion of the Contract, to familiarize himself with the content of the Contract, its terms and the prices offered by the Seller on the Online Store website.
5.3.2. For the Seller to fulfill his obligations to the Buyer, to provide all data necessary to unambiguously identify him as the Buyer and sufficient for delivery of the ordered Goods to the Buyer and/or provision of full bank details for refund.
5.3.3. In the manner and on the terms established by this Contract, to accept the ordered Goods that are of proper quality and complete.
5.4. The Buyer has the right:
5.4.1. To require the Seller to fully and properly perform the terms of this Contract.
5.4.2. In case of mistaken transfer of an excessive amount and/or return of the Goods, or in case of the Seller’s inability to fulfill the paid Order, within three (3) calendar days from the occurrence of one of the aforementioned cases, to provide return details for refund of the transferred funds or to request the Seller to convert the funds to the status “advance payment for future Goods,” valid for three (3) months. During this period the Buyer selects the next Goods from any SOLEYA Online Store collection and places an order, and if the “advance payment” is insufficient, the Buyer tops up the difference toward the cost of the ordered Goods. If the Buyer does not use the right to a new order within three (3) months from crediting of the “advance payment,” the Online Store sends a Viber or SMS message to the Buyer’s phone number provided in the previous Goods Order, requesting his bank details for refund of the “prepaid funds.” The Buyer must, within ten (10) calendar days, comply with the Seller’s request and provide bank details for refund or otherwise respond within ten (10) days; otherwise such funds remain the property of the Seller.
5.4.3. To withdraw from this Contract in the manner and in cases provided by this Contract and by current legislation of Ukraine.
5.4.4. In case of termination or withdrawal from this Contract, to require the Seller to refund funds paid for the Goods.
5.4.5. To exercise other rights provided by this Contract and by the norms of current legislation of Ukraine.

6. Exchange and Return of Goods

6.1. Exchange
6.1.1. The Buyer has the right, within the period established by current legislation of Ukraine, to exchange Goods of proper quality for similar ones from the Seller, if the Goods did not satisfy him in form, dimensions, style, color, size or for other reasons cannot be used by him for the intended purpose.
6.1.2. Exchange of Goods of proper quality is carried out if they have not been used and if their commercial appearance, consumer properties, seals and labels, as well as the payment document issued to the consumer together with the sold Goods, have been preserved.
6.1.3. Exchange of Goods of proper quality, as well as exchange (replacement) of Goods with significant defects, is carried out by the Seller on the basis of a written statement of the Buyer, delivered personally to the Seller’s representative or sent to the Seller’s address indicated on the Online Store website.
6.1.4. The Buyer’s demands for exchange of Goods of proper quality, as well as demands for exchange (replacement) of Goods with significant defects, where the Seller has the Goods necessary for exchange or replacement, are to be immediately satisfied by the Seller, but in any case no later than fourteen (14) days from receipt of the Buyer’s statement referred to in clause 6.1.3 of this Contract.
6.1.5. Exchange of Goods of proper quality, as well as exchange (replacement) of Goods with significant defects, is carried out by the Seller upon presentation by the Buyer of the appropriate payment document of the established form (receipt, goods or cash register check) confirming sale of the Goods to the Buyer, with the date of sale (date of transfer) of the Goods noted.
6.2. Return
6.2.1. The Buyer has the right to return to the Seller non-food Goods of proper quality, if the Goods did not satisfy him in form, dimensions, style, color, size or for other reasons cannot be used by him for the intended purpose. The Buyer may return Goods of proper quality within fourteen (14) days, not counting the day of purchase. Return of Goods of proper quality is carried out if they have not been used and if their commercial appearance, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer upon payment for the Goods, have been preserved.
6.2.1.1. The list of Goods not subject to return on the grounds provided in subclause 6.2.1 of this Contract is approved by the Cabinet of Ministers of Ukraine (zakon.rada.gov.ua/laws/show/172-94-п). Also, seasonal Goods or any items from sales or promotional offers—Goods at reduced prices—are not subject to return. Such Goods are one-way only. When ordering Goods on the Online Store website in the “SALE” section, the Buyer’s click on “Confirm Order” is considered as sending the respective Order; Goods in this section are not subject to exchange or return (with full prepayment).
6.2. Return to the Buyer of the cost of Goods of proper quality is carried out within seven (7) calendar days from the moment the Seller receives such Goods, provided that the requirements of clause 6.1 of this Contract and current legislation of Ukraine are met.
6.3. The cost of the Goods is subject to return by bank transfer to the Buyer’s account, provided that the Buyer complies with subclause 5.3.2 of this Contract.
6.4. Return of Goods of proper quality to the Seller’s address is carried out at the Buyer’s expense and is not reimbursed by the Seller.
6.5. In case of detection, within the established warranty period, of defects in the Goods, the Buyer personally, in the manner and within the timeframes established by the legislation of Ukraine, has the right to lodge claims with the Seller as provided by the Law of Ukraine “On Protection of Consumer Rights.” When presenting claims for free remedy of defects, the period for their remedy is calculated from the date the Seller takes possession of and has physical access to the Goods.
6.6. Consideration of claims under the Law of Ukraine “On Protection of Consumer Rights” is carried out by the Seller upon provision by the Buyer of documents required by current legislation of Ukraine. The Seller is not liable for defects in the Goods that arose after its transfer to the Buyer due to the Buyer’s violation of usage or storage rules, actions of third parties, or force majeure.
6.7. The Buyer has no right to refuse Goods of proper quality that have individually determined properties, if such Goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, completeness, etc., at the Buyer’s request). Confirmation that Goods have individually determined properties is a difference in the sizes or other characteristics specified in the Online Store.
6.8. Return of the Goods, in cases provided by law and this Contract, is carried out to the address indicated on the website in the “Contacts” section. If delivery of the Goods to the Buyer was carried out by LLC “Nova Poshta,” the Buyer returns the Goods to the Seller in the same manner.
6.9. Return of Goods must be carried out by the Buyer in the original packaging in which he or the Recipient received the Goods.
6.10. Returned Goods must meet the following requirements: they have not been used; their commercial appearance, consumer properties, seals and labels, as well as the payment document issued to the consumer with the sold Goods, have been preserved.

7. Termination of the Contract

7.1. The Buyer has the right to terminate this Contract in the cases and within the time limits established by the current legislation of Ukraine, by notifying the Seller in the manner prescribed by clause 7.2. of this Contract.
7.2. A notice of termination of this Contract shall be deemed the Buyer’s statement requesting a refund of the funds paid for the Goods, sent to the Seller in the manner prescribed by the current legislation, taking into account the terms of this Contract.
7.3. This Contract shall be deemed terminated from the moment the Seller receives the Buyer’s statement requesting a refund of the funds paid for the Goods.
7.4. To exercise his right to terminate the Contract, the Buyer must preserve and present to the Seller the appropriate payment document of the prescribed form (receipt, goods or cash register check) confirming the purchase of the Goods, with the sale (transfer) date indicated.
7.5. Termination of this Contract by the Buyer entails the return by him of the purchased (received) Goods to the Seller in the manner prescribed by Section 6 of this Contract.

8. Liability

8.1. The Seller shall not be liable for any damage caused to the Buyer or third parties as a result of improper use or storage of the Goods purchased from the Seller.
8.2. The Seller shall not be liable for improper or untimely fulfillment of Orders and its obligations in the event the Buyer provides inaccurate or false information.
8.3. The Seller and the Buyer shall be liable for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Contract.
8.4. The Seller or the Buyer shall be released from liability for full or partial non-performance of their obligations if such non-performance is the result of force majeure circumstances, such as war or military actions, earthquake, flood, fire, and other natural disasters arising independently of the will of the Seller and/or the Buyer after the conclusion of this Contract. The party unable to perform its obligations shall immediately notify the other party.

9. Confidentiality and Personal Data Protection

9.1. By providing his personal data on the Online Store website during registration or order placement, the Buyer gives the Seller his voluntary consent to process, use (including transfer), and perform other actions with his personal data as provided by the Law of Ukraine “On Protection of Personal Data,” without limitation of the term of such consent.
9.2. The Seller undertakes not to disclose information received from the Buyer. Disclosure by the Seller of information to counterparties and third parties acting under contract with the Seller, including for the performance of obligations to the Buyer, or where disclosure is required by the current legislation of Ukraine, shall not be considered a breach.
9.3. The Buyer is responsible for keeping his personal data up to date. The Seller shall not be liable for poor performance or non-performance of its obligations due to outdated or inaccurate information about the Buyer.

10. Other Terms

10.1. This Contract is concluded on the territory of Ukraine and is a public contract (offer) of retail purchase–sale of the Goods at a distance by means of remote communication through the Online Store.
10.2. Withdrawal or change of the terms of the proposal (offer) to conclude this public Contract, as well as change of the terms of this public Contract, may be made by the Seller at any time without additional notice to the Buyer.
10.3. Withdrawal or change of the terms of the proposal (offer) to conclude this public Contract, as well as change of the terms of this public Contract, cannot serve as grounds for (a) any revision or change of the terms or termination of contracts already concluded by the Seller with Buyers under the terms of this public Contract; or (b) refusal by the Seller to perform obligations assumed under contracts already concluded with Buyers on the terms of this public Contract.
10.4. The terms of the proposal (offer) to conclude this public Contract, as well as the terms of this public Contract, are identical for all Buyers.
10.5. Conclusion of this public Contract (the Buyer’s acceptance of the Seller’s offer) is deemed the Buyer’s unconditional and complete acceptance of all terms of this public Contract without exception, including its essential terms, and constitutes entry into the corresponding contractual legal relations with the Seller.
10.6. Confirmation of the fact of conclusion of this public Contract, as referred to in clause 3.3 of this public Contract, is the Seller’s automatic electronic notification to the Buyer of the processing of the Order for the Goods.
10.7. Recognition of individual terms of this public Contract as invalid, void, or having lost force does not lead to recognition of any other terms of this public Contract as invalid, void, or having lost force.
10.8. By entering into this public Contract, the Buyer gives his full and irrevocable consent to receive notifications from the Seller by SMS, e-mail, social networks, and other means.
10.9. By filling out the “Order Placement” form and/or completing the registration procedure on the website soleyabrand.com of the Online Store, the Buyer gives his full and irrevocable consent to the processing and use by the Seller of information about the Buyer, including information which under the current legislation of Ukraine is considered personal data, exclusively for the following purposes:

registration and identification of the Buyer in the Online Store;
updating the Buyer’s registration password in the Online Store;
marketing purposes, namely: notifying the Buyer by SMS, e-mail, social networks, etc., and determining potential Buyers’ needs for the Goods offered for sale;
diligent performance by the Seller of his contractual obligations to the Buyer, including delivery of the Goods;
compliance by the Seller with the requirements of the current legislation of Ukraine, including consumer-protection laws.

10.10. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If the parties fail to settle the dispute through negotiations, the Buyer and/or the Seller shall have the right to refer the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
10.11. The legal relations arising from this public Contract are governed by the provisions of Article 633 of the Civil Code of Ukraine, the Law of Ukraine “On Protection of Consumer Rights,” and the Rules for the Sale of Goods by Order and Outside Trade or Office Premises, approved by Order No. 103 of the Ministry of Economy of Ukraine dated 19 April 2007.
10.12. On all matters not covered by this public Contract, the Parties shall be guided by the norms of the current legislation of Ukraine.