PUBLIC CONTRACT (OFFER)
for ordering, sale, and delivery of goods
This Contract is the official and public offer of the Seller to enter into a contract for the purchase and sale of Goods presented on the website beautyhunter.com.ua
This Contract is public, meaning that, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, or sole proprietor) and without granting preference to one buyer over another.
By entering into this Contract, the Buyer fully accepts the terms and conditions for placing an order, payment for the Goods, delivery of the Goods, return of the Goods, liability for dishonest orders, and all other terms of the Contract.
The Contract shall be deemed concluded from the moment the Buyer clicks the “Confirm Order” button on the order checkout page in the “Cart” section and receives confirmation of the order from the Seller in electronic form.
1. Definitions
1.1. Public Offer (hereinafter – the “Offer”) – a public proposal by the Seller, addressed to an indefinite number of persons, to conclude a contract of sale and purchase of goods remotely (hereinafter – the “Contract”) under the terms contained in this Offer.
1.2. Goods or Services – the object of the transaction between the Parties, selected by the Buyer on the Seller’s online store website and placed in the shopping cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online Store – the Seller’s website at beautyhunter.com.ua, created for the conclusion of retail and wholesale purchase-sale agreements based on the Buyer’s review of the Seller’s offered description of the Goods via the Internet.
1.4. Buyer – a legally capable individual who has reached the age of 18 and receives information from the Seller, places an order for the purchase of Goods presented on the Online Store website for purposes not related to entrepreneurial activity, or a legal entity, or a sole proprietor.
1.5. Seller – Sole Proprietor (Individual Entrepreneur) Sepova Yevheniia Oleksandrivna (identification code 3316406263), a legal entity established and operating under the current legislation of Ukraine, with its registered address: Ukraine, Mykolaiv Oblast, Yuzhnoukrainsk, Enerhobudivnykiv Street, 3.
Sole Proprietor (Individual Entrepreneur) Oleinikova Darya Olegivna (identification code 3598903049), a legal entity established and operating under the current legislation of Ukraine, with its registered address: Ukraine, Odesa, Fontanskaya Road, building 25.
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 under the terms of this Contract.
2.2. The date of conclusion of this Contract-Offer (acceptance of the Offer) and the moment of the Buyer’s full and unconditional acceptance of the terms of the Contract shall be deemed the date on which the Buyer completes the order form located on the Online Store website, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, and at the request of the Buyer, the Contract may be executed in written form.
3. Order Placement
3.1. The Buyer independently places an order in the Online Store through the “Shopping Cart” form, or by placing an order via e-mail or by phone number indicated in the “Contacts” section of the Online Store.
3.2. The Seller has the right to refuse to process and deliver the order to the Buyer if the information provided by the Buyer during order placement is incomplete or raises doubts about its validity.
3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Buyer’s last name and first name;
3.3.2. Delivery address (if the delivery is to the Buyer’s address);
3.3.3. Contact phone number;
3.3.4. Identification code for a legal entity or sole proprietor.
3.4. The name, quantity, item code, and price of the Goods selected by the Buyer shall be indicated in the Buyer’s shopping cart on the Online Store website.
3.5. If either Party to the Contract requires additional information, it has the right to request it from the other Party. In the event the Buyer fails to provide the necessary information, the Seller shall not be held liable for the proper provision of services to the Buyer when purchasing Goods from the Online Store.
3.6. When placing an order through the Seller’s operator (as per 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. The Buyer’s acceptance of the terms of this Offer shall be carried out by entering the relevant data in the registration form on the Online Store website or when placing an order through the operator. After placing an order through the operator, the Buyer’s data shall be entered into the Seller’s database.
3.8. The Buyer shall be responsible for the accuracy of the information provided when placing the order.
3.9. By entering into the Contract, i.e., by accepting the terms of this Offer (the proposed terms of purchase of the Goods) through placing an order, the Buyer confirms the following:
- The Buyer has fully read, understood, and agrees with the terms of this Offer;
- The Buyer gives consent to the collection, processing, and transfer of personal data, and such consent to data processing remains valid throughout the entire duration of the Contract as well as for an indefinite period after its termination. By entering into the Contract, the Buyer also confirms that they are informed (without additional notification) of the rights established by the Law of Ukraine “On Personal Data Protection,” the purposes of data collection, and that their personal data are transferred to the Seller in order to fulfill the terms of this Contract, enable settlements, and to receive invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to grant access to and transfer their personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling 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.
4. Price and Delivery of Goods
4.1. Prices for Goods and services are determined solely by the Seller and indicated on the Online Store website. All prices for Goods and services on the website are stated in Ukrainian Hryvnia (UAH) and include VAT.
4.2. Prices for Goods and services may be changed unilaterally by the Seller depending on market conditions. However, the price of an individual item of Goods that has been fully paid for by the Buyer cannot be changed by the Seller unilaterally.
4.3. The price of the Goods indicated on the Online Store website does not include the cost of delivery to the Buyer. The Buyer pays the delivery cost according to the current tariffs of the delivery services (carriers) directly to the delivery service (carrier) chosen by the Buyer.
4.4. The price of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer’s address.
4.5. The Seller may provide the Buyer with an estimated cost of delivery of the Goods to the Buyer’s address upon the Buyer’s request, either by e-mail or when placing an order through the Online Store operator.
4.6. The Buyer’s obligation to pay for the Goods shall be deemed fulfilled at the moment the funds are credited to the Seller’s account.
4.7. Settlements between the Seller and the Buyer for the Goods shall be made in the manner specified on the Online Store website in the “Payment and Delivery” section.
4.8. Upon receiving the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), verify the compliance of the Goods with qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).
4.9. The Buyer or their representative, upon acceptance of the Goods, confirms with their signature on the sales receipt and/or order form and/or waybill that they have no claims regarding the quantity, appearance, or completeness of the Goods.
4.10. Ownership rights and the risk of accidental loss or damage to the Goods pass to the Buyer or their representative from the moment the Goods are received by the Buyer at the place of delivery in case of self-pickup from the Seller, or at the moment the Goods are transferred by the Seller to the delivery service (carrier) chosen by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller is obliged to:
5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Contract and the Buyer’s order.
5.1.2. Keep any private information about the Buyer confidential and not provide access to this information to third parties, except as required by law or during the fulfillment of the Buyer’s order.
5.2. The Seller has the right to:
5.2.1. Unilaterally change the terms of this Contract, as well as the prices of Goods and services, by posting the changes on the Online Store website. All changes come into effect from the moment of their publication.
5.3. The Buyer undertakes to:
5.3.1. Prior to concluding the Contract, familiarize themselves with the content of the Contract, its terms, and the prices offered by the Seller on the Online Store website.
5.3.2. To enable the Seller to fulfill its obligations to the Buyer, provide all necessary data that unambiguously identifies them as the Buyer and is sufficient for the delivery of the ordered Goods.
6. Return of Goods
6.1. The Buyer has the right to return non-food Goods of proper quality to the Seller if the Goods do not satisfy them in terms of form, dimensions, style, color, size, or for other reasons cannot be used as intended. The Buyer has the right to return Goods of proper quality within 14 (fourteen) days excluding the day of purchase. Returns are accepted provided the Goods have not been used, their marketable appearance, consumer properties, packaging, seals, labels, and the payment document issued to the Buyer are preserved. The list of Goods that are non-returnable under this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. Refunds for Goods of proper quality shall be made within 30 (thirty) calendar days from the date of receipt of the returned Goods by the Seller, provided the requirements of Clause 6.1 and current Ukrainian legislation are met.
6.3. The refund shall be made by bank transfer to the Buyer’s account.
6.4. The return of Goods of proper quality to the Seller’s address is at the Buyer’s expense, and the Seller does not reimburse the Buyer for such delivery.
6.5. If defects in the Goods are discovered during the warranty period, the Buyer has the right, in accordance with Ukrainian law, to submit claims to the Seller as established by the Law of Ukraine “On Consumer Rights Protection.” When requesting free elimination of defects, the period for their elimination starts from the date the Seller receives the Goods and has physical access to them.
6.6. Consideration of claims under the Law of Ukraine “On Consumer Rights Protection” is carried out by the Seller upon provision by the Buyer of documents required by current Ukrainian legislation. The Seller is not responsible for defects that occurred after the Goods were transferred to the Buyer due to the Buyer’s misuse or improper storage, actions of third parties, or force majeure.
6.7. The Buyer has no right to refuse Goods of proper quality that have individually defined characteristics if the Goods can only be used by the Buyer who purchased them (including non-standard sizes, specifications, appearance, completeness, etc., at the Buyer’s request). Confirmation that the Goods have individually defined characteristics is the difference in size and other characteristics indicated in the Online Store.
6.8. Returns of Goods, in cases provided by law and this Contract, shall be made to the address specified on the website in the “Contacts” section.
7. Liability
7.1. The Seller shall not be liable for any damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller shall not be liable for improper or untimely fulfillment of Orders and its obligations in cases where the Buyer provides inaccurate or false information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with current Ukrainian legislation and the provisions of this Contract.
7.4. The Seller or the Buyer shall be released from liability for full or partial non-performance of their obligations if such non-performance is due to force majeure circumstances, including but not limited to: war or military actions, earthquake, flood, fire, or other natural disasters occurring independently of the will of the Seller and/or Buyer after the conclusion of this Contract. The Party unable to fulfill its obligations shall immediately notify the other Party.
8. Confidentiality and Personal Data Protection
8.1. By providing their personal data on the Online Store website during registration or when placing an Order, the Buyer gives the Seller their voluntary consent to process, use (including transfer), and perform other actions with their personal data as provided by the Law of Ukraine “On Personal Data Protection,” without any limitation on the duration of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. Disclosure of such information to counterparties or third parties acting under a contract with the Seller, including for the fulfillment of obligations to the Buyer, or in cases where disclosure is required by the current legislation of Ukraine, shall not be considered a violation.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller shall not be liable for improper performance or non-performance of its obligations due to outdated information about the Buyer or its inaccuracy.
9. Other Terms
9.1. This Contract is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In the event that the dispute cannot be resolved through negotiations, the Buyer and/or the Seller have the right to refer the dispute to the competent courts in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make amendments to this Contract unilaterally as provided in Clause 5.2.1 of this Contract. In addition, amendments to the Contract may also be made by mutual agreement of the Parties in accordance with the procedure established by the current legislation of Ukraine.
SELLER’S CONTACT INFORMATION AND DETAILS:
Individual Entrepreneur Oleinikova Daria Olehivna
Tax Identification Number: 3598903049
IBAN UA673052990000026002044926420
Address: 25 Fontanska Road, Odesa, Ukraine
Phone: +38 (093) 170 09 88