TERMS & CONDITIONS
1. SUBJECT OF THE AGREEMENT
1.1. The Seller shall carry out the sale of Products through the On-Line Store at http://litkovskaya.icecream.group
1.2. By ordering Products on the Website, the User agrees with Products sale terms set out below (hereinafter referred to as the Products Sale Terms and Conditions). In case of disagreement, the User shall stop using services and leave the Website http://litkovskaya.icecream.group immediately
1.3. Present Products Sale Terms and Conditions, as well as information on Products available on the Website are public offer in accordance with the Article 633 of the Civil Code of Ukraine.
1.4. Present terms and conditions may be amended by the Seller unilaterally without noticing the User/Buyer hereof. Updated version of the Terms and Conditions shall come into force upon its publication on the Website, unless otherwise provided.
1.5. Acceptance of this Offer shall come into force from the moment the Buyer sent to the Buyer electronic confirmation of acceptance of the Order upon making the Order by the Buyer on the Website http://litkovskaya.icecream.group.
Purchase and Sale Contract of the Product is considered to be concluded upon issuance by the Seller to the Buyer of pay document confirming payment of the Product or crediting of money to the Seller’s bank account.
By informing the Seller its e-mail and phone number, the Visitor/User/Buyer of the Website shall agree to use specified means of communication by the Seller, as well as by third parties engaged by the Seller for the purpose of performance of obligations to the Website Visitors/Users/Buyers, for the purpose of mailout of advertising and information containing information on discounts, upcoming and current promotional actions and other events of the Seller, on transfer of the order for delivery, as well as other information directly associated with performance of obligations by the Buyer within the framework of the Public Offer hereof.
2. PRODUCT AND PURCHASE ORDER
2.1. The Seller shall ensure the Product availability in its warehouse and available on the Website. Pictures accompanying the Product are simple illustrations to it and may differ from the actual appearance of the Product. Descriptions/characteristics accompanying the Product shall not be exhaustive information content and may contain typos. The Buyer shall contact by e-mail to firstname.lastname@example.org in order to clarify information on the Product
2.2. In case of absence of the Product ordered by the Buyer at the Seller's warehouse, the latter has the right to exclude the specified Product from the Order/ to cancel the Buyer's Order, notifying the Buyer thereof by sending relevant electronic message to e-mail specified by the Buyer.
2.3. The Buyer shall bear full liability for incorrect information provided which resulted in failure of proper performance of the Seller's obligations to the Buyer.
2.4. After making the Order on the Website http://litkovskaya.icecream.group the Buyer is provided with information on estimated delivery date by sending an electronic message to e-mail specified by the Buyer. The manager processing this Order shall specify details of the Order, agree the delivery date, which depends on availability of the ordered Product in the Seller's warehouse and the time required to process and deliver the Order.
2.5. Expected date for shipping the Order to delivery service shall be notified to the Buyer by the manager processing this Order, via e-mail or via a call to the Buyer.
Date of transfer of the Product may be changed by the Seller unilaterally in case of objective reasons, in the Seller opinion.
3. ORDER DELIVERY
3.1. The Product shall be delivered by postal operator by way of postal item with payment on the payment page of the Website or electronic invoice for the Product by bank card or by bank transfer (including international). Delivery methods: DHL courier services or any other courier service at the discretion of the Seller in “Express” or normal mode. Specific delivery terms may be agreed by the Buyer with the manager upon confirmation of the Order.
3.2. Territory of delivery of the Products available on the Website is not limited to Ukraine.
3.3. Delivery delays are possible due to unforeseen circumstances that occurred not through the fault of the Seller.
3.4. Upon delivery, the Order shall be handed over to the Buyer or to the third party specified in the Order as recipient (hereinafter referred to as the "Buyer" and the third party hereinafter referred to as the "Recipient"). If it is impossible to receive the Order paid by cash payment specified by the aforesaid persons, the Order may be handed over to the person who can provide the Order information (shipping number and/or full name of the Recipient), as well as to pay order in full to the person delivering the Order.
3.5. The Buyer shall be liable for risk of accidental loss or accidental damage of the Product from the moment of handing over the Order and affixing the signature of the Order Recipient in documents confirming delivery of the Order.
3.6. Cost of each Order delivery shall be calculated individually, based on the weight of the Product, region and delivery method at the final stage of making the Order.
3.7. Seller’s obligation to hand over the Product to the Buyer is deemed to be executed at the time the Buyer received shipment, as this moment is determined in accordance with current postal communication regulations.
Order of delivery and disclosure of items containing the Product is determined by current postal communication regulations.
3.8. Upon accepting the Order from the courier, the Recipient shall inspect the delivered Product and check it for compliance with the quality declared, assortment and completeness of the Product, and also to check service life of delivered Product and package integrity. In the absence of claims for delivered Product, the Recipient shall sign the "Order Delivery Form" and pay the Order. Signature on delivery documents confirms that there are no claims to the Product claimed by the Recipient and the Seller has fulfilled its obligation to hand over the Product in full and properly.
3.9. It is possible to clarify the date, time and delivery route, if necessary, by contacting the manager who contacts the Buyer for the Order confirmation.
3.10. The User understands and agrees that:
delivery is a separate service that is not an integral part of the Product purchased by the Buyer, the completion of which shall expire when the Recipient have received the Product and have made payment for it. Claims to the quality of the purchased Product that arose after the receipt and payment for the Product are considered in accordance with the Law of Ukraine "On Protection of Consumer Rights" and the Seller's warranty obligations. In this regard, purchase of the Product with delivery does not give the right to the Buyer to demand delivery of the purchased Product for warranty service or replacement, does not provide an opportunity to provide warranty service or replacement of the Product by means of a visit to the Buyer and does not imply possibility of refunding the cost of the Product delivery in cases where the Buyer has the right for refund of the Product cost in accordance with the Law of Ukraine "On Protection of Consumer Rights".
All Product purchased by the Buyer on the Website and shipped outside Ukraine may be subject to import taxes, duties, VAT and import restrictions in receiving country specified by the Buyer, the payment of which shall be the Buyer's personal responsibility and that amount cannot be fully or partially compensated by the Seller or calculated in advance on the Website.
4. PAYMENT FOR THE PRODUCT
4.1. The Product price is indicated in UAH CIP (INCOTERMS 2010) for the city of delivery to the Buyer, unless otherwise specified in the invoice and without value added tax. In case of making the Order and further shipping of the Product outside Ukraine, the price shall be indicated in currency (USD or EUR), and does not include value added tax. (price in UAH)
4.1.1. Sum of the order consists of the cost of the Products ordered.
4.2. The Product price is indicated on the Website http://litkovskaya.icecream.group. If the price of the Product ordered by the Buyer is incorrect, the Seller shall inform the Buyer about it for confirming the Order at the corrected price or to cancel the Order.
If it is impossible to contact the Buyer, such Order is considered to be canceled.
4.3. The price of the Product may be changed by the Seller unilaterally. Herewith, the price for the Product ordered by the Buyer is not subject to change.
4.4. Payment for the Product is carried out:
In case of making the Order and further shipping of the Product in the territory of Ukraine or outside - in UAH cashless before shipping the Order in the amount corresponding to the amount of the Order indicated in e-mail taking into account discounts.
In case of making the Order and further shipping of the Product in the territory of Ukraine or outside - in UAH by Visa and Master Card before shipping the Order in the amount corresponding to the amount of the Order indicated in e-mail taking into account discounts.
4.5. The Seller has the right to provide discounts for the Products and establish a bonus program. Types of discounts, bonuses, order and conditions of charging are indicated on the Website and may be changed by the Seller unilaterally.
5. RETURN OF PRODUCT AND REFUND POLICY
5.1. The Buyer has the right to refuse from the Product received and terminate Purchase and Sale Contract within 14 calendar days from the date of receipt of the Product, excluding the day of purchase, except Products that are not subject to exchange and return in accordance with Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994, "On implementation of certain provisions of the Law of Ukraine "On Consumer Rights Protection" with amendments and additions.
5.2. Returned Product, with all seals, labels, shall be sent by the Buyer by mail to the following address: 01001, Kyiv, Vozdvyzhenska, 9-19 Ukraine.
5.3. Return of Products of proper quality
5.3.1. Return of the proper quality Product is only possible if the Product has not been used, its marketable state, consumer properties, seals, labels have been preserved, and also issued settlement document to the Buyer along with the Product sold have been retained.
5.3.2. In case of the Buyer’ refusal from the Product in accordance with paragraph 6.2.1., the Seller shall refund to the Buyer the cost of the returned Product except for the fine for refusal from the Product that is determined by the Seller individually for each Order sent outside Ukraine within 30 days from the date of receipt of the returned Product to the Seller's warehouse along with return application filled out by the Buyer. The cost of redelivery of the Product shall be paid by the Buyer in case of refund. Refund of the cost of the Product shall be carried out exclusively to the person specified in the Product Order, upon condition that such person shall provide a copy of his(her) national passport and identification code. If the Buyer has specified incorrect data in the Order, or has not provided all the documents listed above for repayment of money, the Seller reserves the right to reject such refund to the Buyer.
5.3.3. If at the time of the Buyer's request there is not any similar product available for sale, the Buyer has the right to refuse to execute the Contract and demand refund of the sum paid for the Specified Product. The Seller is obliged to refund the sum of money paid for returned Product within 30 days from the date of return of the Product.
5.4. Return of the improper quality Product:
5.4.1. Improper quality Product is a product that has defects and cannot provide performance of its functional qualities. The Product received shall comply with description available on the Website or specified in e-mail. Difference in design or appearance elements from the stated in description on the Website or specified in e-mail shall not be considered as poor-quality or nonfunctional Product.
5.4.2. Appearance and completeness of the Product, as well as completeness of entire Order, shall be checked by the Recipient at the time of the Product delivery.
5.4.3. After receipt of the Order, any claims for external defects of the Product, its quantity, completeness and marketable state are not accepted.
5.4.4. If the Buyer received the Product of improper quality, and it has not been agreed in advance with the Seller, the Buyer has the right to apply provisions of the Art. 8 "Consumer rights in case of improper quality product purchase" of the Law of Ukraine "On Consumer Rights Protection”.
5.4.5. Claims for refund of the sum paid for the Product are subject to satisfaction within 30 days from the date of submission of relevant requirement (part 4, Article 12 of the Law of Ukraine "On Consumer Rights Protection").
5.5. Refund shall be made by refunding of the sum paid for the Product to the bank card, by which payment was made, or by bank transfer, depending on the payment method for the Product.
5.6. Warranty period for the Product shall be established by the manufacturer and shall be indicated on the sticker or on the label. The Seller shall ensure proper application, use of the Product during warranty period.
The Seller shall not be liable for defects of the Product if such arise after its hand over to the Buyer as a result of violation of intended use or storage of the Product by the Buyer, due to actions of third parties, or force majeure.
6.1. The Seller shall not be liable for any damage caused to the Buyer as a result of improper use of the Product purchased on the Website.
6.2. The Seller shall not be liable for the content and operation of external resources.
7.1. Users/Buyers personal data is processed in accordance with the Law of Ukraine dated June 01, 2010 No. 2297-VI "On personal information protection”. Period of storage and processing of personal data is 5 years.
7.1.1. The Seller has the right to send information, including advertising messages to the e-mail and phone number of the User/Buyer upon his/her consent. The User/Buyer has the right to refuse to receive advertising and other information without explaining the reasons of refusal. Service messages informing the User/Buyer on the Order and stages of its processing cannot be rejected by the User/Buyer.
7.2. The Seller shall not be liable for information provided by the User/Buyer on the Website in a public format.
7.3. The Seller has the right to record telephone conversations with the User/Buyer. At the same time the Seller undertakes: to prevent attempts of unauthorized access to information obtained during telephone conversations and/or transfer it to third parties that are not directly related to execution of Orders, in accordance with the Law of Ukraine dated October 02, 1992, No. 2657-XII "On Information".
8. ADDITIONAL PROVISIONS
8.1. The Seller has the right to assign or otherwise transfer its rights and obligations arising from its relations with the Buyer to third parties.
8.2. The Website and services provided may temporarily be partially or completely inaccessible due to preventive or other works or due to any other technical reasons. Technical Service of the Seller has the right from time to time to conduct necessary preventive or other works with the prior notification of Buyers or without it.
8.3. Provisions of the legislation of Ukraine shall be applied to relations between the User/Buyer and the Seller.
8.4. In case of any issues and claims from the User/Buyer, he/she shall contact the Seller via the phone or via any other available means. The Parties shall try to solve all disputes by means of negotiations. If the parties have not reached agreement, the dispute shall be considered by judicial authority in accordance with current legislation of Ukraine.
8.5. In case of recognition by the court any provision of the contract invalid, it shall not entail invalidity of other provisions.