Terms of service
The text below constitutes a Public Offer Agreement (within the meaning of Articles 633 and 641 of the Civil Code of Ukraine) between the online store of the Penko brand (hereinafter referred to as the "Seller") and an individual (hereinafter referred to as the "Buyer"), which includes all essential terms for the organization of the purchase and sale of Goods remotely (i.e., through the Internet store). Hereinafter, the Buyer and the Seller collectively referred to as the "Parties," and each individually as a "Party."
- General Provisions.
1.1. The terms of this Agreement define the relationship between the Seller and the Buyer regarding the purchase of Goods through the website of the Internet store and are identical for all Buyers.
1.2. Legal relations under this Agreement are governed exclusively by the legislation of Ukraine, including the Law of Ukraine "On Consumer Rights Protection" No. 1023-XII of May 12, 1991, the Civil Code of Ukraine No. 435-IV of January 16, 2003, and the Law of Ukraine "On Electronic Commerce" No. 675-VIII of September 3, 2015.
- Terms and Definitions.
2.1. "Internet store" - a means for presenting or selling Goods by electronic transaction, namely a website owned by the Seller and located at https://www.penkodesign.com/ (hereinafter referred to as the "Site"), created for the conclusion of purchase and sale contracts based on the Buyer's acquaintance with the Goods offered by the Seller through photographs contained on the Site, as well as their characteristics, via the Internet, which excludes the Buyer's direct acquaintance with the Goods or samples of the Goods.
2.2. "Goods" - items offered by the Seller for purchase in the Internet store or already purchased by the Buyer from the Seller remotely.
2.3. "Seller" - the online store of the Penko brand.
1) Individual Entrepreneur PENKOVA ANASTASIYA MYKHAYLIVNA, taxpayer identification number: 3500704740, registered in accordance with the law in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations on January 17, 2018, record number 24800000000204572. Location: Ukraine, 61118, Kharkiv region, Kharkiv, Uvileiniy Avenue, 61-a, apartment 17.
2.4. "Buyer" - an individual who has full legal capacity - a user of the Site, who intends to purchase the Goods and accepts the terms of this Agreement, namely the public offer of the Internet store, or is one who has already purchased the Goods.
2.5. "Order" - the result of the agreement between the Buyer and the Seller regarding the type of Goods, its model, color, quantity, total cost payable under the Agreement, method of payment for the Goods by the Buyer, method of delivery of the Goods, and the term of performance of the Agreement.
2.6. "Application" - a written (electronic) expression of the Buyer's intention to purchase the Goods. It can be executed by:
2.6.1. using the special "Shopping Cart" menu on the Site;
2.6.2. selecting the "Place an order" and "Confirm order" functions on the Site.
- Subject Matter of the Agreement.
3.1. 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. The text of the public offer agreement (hereinafter - the Agreement) is posted on the Site.
3.2. The fact of placing an Order confirms that the Buyer accepts and agrees to all the terms of this Agreement.
3.3. The date of conclusion of the Agreement is the date of payment by the Buyer for the Goods on the Site or by bank transfer (using the bank card number). The date of payment for the Goods is the date of crediting funds to the Seller's bank account through the Fondy payment service.
- Procedure for Placing an Order.
4.1. The Buyer independently places an Order on the Site of the Internet store by choosing the method available on the Site, namely:
4.1.1. by using the special "Shopping Cart" menu on the Site, adding the selected Goods to it;
4.1.2. by selecting the "Place an order" and "Confirm order" functions on the Site.
4.2. The amount payable for the Order is displayed in the "Shopping Cart" menu on the Site.
4.3. When placing an Order, the Seller offers the Buyer to pay the cost of the Goods on the Site using the LiqPay payment service or cash on delivery (through the Nova Poshta delivery service).
4.4. The Seller has the right to make any clarifications regarding the Order by making a phone call to the phone number provided by the Buyer when placing the Order.
- Procedure for Payment of the Order.
5.1. When placing the Order, the Buyer pays the full cost of the Goods to the Seller.
5.2. The Buyer pays for the Order with a Visa or MasterCard issued by any bank using the Fondy payment service.
- Terms, Cost, and Conditions of Goods Delivery.
6.1. Delivery of the Goods is carried out throughout the territory of Ukraine, except for the Autonomous Republic of Crimea and the territories of the Anti-Terrorist Operation (ATO) every day without weekends by the carrier company Nova Poshta.
6.2. When placing an Order, the Buyer has the opportunity to choose one of the proposed delivery methods independently.
6.3. The delivery time of the Goods depends on the Buyer's location.
6.4. All necessary information regarding the delivery of the Goods is provided by the Buyer during the Order placement on the Site or when confirming the Order by phone with the manager.
6.5. The Seller makes every effort to adhere to the delivery terms indicated on the websites of the Companies directly delivering the goods. However, delivery delays may occur due to unforeseen circumstances beyond the Seller's control (force majeure circumstances).
6.6. The cost of delivering the Goods depends on its weight and the current tariffs of the carrier company and is paid separately by the Buyer. When placing an Order, the Buyer can specify the weight of the Goods with the Seller (Site manager).
- Seller's Obligations.
7.1. To fulfill the terms of this Agreement.
7.2. To fulfill the Buyer's Orders upon acceptance of such Order and receipt of payment from the Buyer in the manner determined by this Agreement.
7.3. To transfer the Goods to the Buyer in accordance with the Order, provided the Buyer fulfills the conditions of this Agreement.
7.4. To verify the qualitative and quantitative characteristics of the Goods during its packaging.
7.5. In case the Buyer receives defective or faulty Goods due to the fault of the Seller, to replace such Goods with an equivalent one.
- Buyer's Obligations.
8.1. Before placing an Order, the Buyer undertakes to:
8.1.1. Familiarize themselves with the information about the Goods posted on the Site.
8.1.2. Familiarize themselves with and accept the terms of this Agreement or refuse to place an Order if the terms of the Agreement are unacceptable to them.
8.2. After placing an Order, the Buyer undertakes to:
8.2.1. Pay the full cost of the Goods in the amount of 100% (one hundred percent) of the Goods' price.
8.2.2. Upon receiving the Goods, immediately inspect it, ensure its completeness, and conformity to the Order. In case of defects or damages to the Goods (hereinafter - defects), it is necessary to notify the Seller within 14 (fourteen) calendar days from the date of receiving such Goods.
- Procedure for Receiving and Returning Goods.
9.1. Upon receiving the Goods, the Buyer must ensure its integrity and completeness by inspecting the contents of the package in which the Goods are located.
9.2. In case of identifying defects in the Goods, the Buyer notifies the Seller's representative (manager responsible for processing the Order for the Goods) within 14 (fourteen) calendar days from the date of receiving such Goods and arranges for the replacement of the Goods. Detected defects of the Goods must be documented by means of photo or video recording.
9.3. The Parties have agreed that if the mandatory requirements of the specified procedure are not met, the receipt of the Goods by the Buyer in proper condition - without any damage or defects - is considered.
9.4. In case of identifying defects, the Buyer may request the Seller to refund the amount paid by them for the Goods or replace the Goods with an equivalent one of proper quality.
9.5. If due to identified defects in the Goods, the Buyer wishes to return the funds paid for it, the Seller is obliged to refund such funds within 30 (thirty) calendar days from the date of the Buyer expressing such a wish.
9.6. After the Seller refunds the funds for the Goods, the Buyer is obliged to return such Goods to the Seller within 30 (thirty) calendar days from the date of receiving the refunded amount.
- Parties' Liability.
10.1. The Parties are responsible for non-performance or improper performance of the terms of this Agreement in the manner provided by this Agreement and the current legislation of Ukraine.
10.2. In case the non-performance or improper performance of the terms of this Agreement by one of the Parties causes damage to the other Party, the guilty Party compensates the other Party for the documented losses in full.
10.3. Payment of a fine or penalty does not exempt the guilty Party from fulfilling contractual obligations.
10.4. In case of force majeure circumstances, the Parties are exempt from performing the terms of this Agreement. Force majeure circumstances for the purposes of this Agreement are events of an extraordinary, inevitable, unforeseen nature that prevent or objectively impede the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
10.5. The Party referring to the force majeure circumstance must notify the other Party of the occurrence of such circumstances within 10 (ten) calendar days.
10.6. The Party referring to the force majeure circumstance must provide appropriate confirmation (certificate issued by the Chamber of Commerce and Industry is sufficient evidence of the existence and duration of force majeure).
- Other Terms.
11.1. The online store reserves the right to unilaterally amend this Agreement with prior publication on the website https://www.penkodesign.com/.
11.2. The online store is created to organize the remote sale of Goods via the Internet.
11.3. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing an Order.
11.4. The Buyer bears personal responsibility for the accuracy of the information provided when placing an Order.
11.5. The full and unconditional acceptance of the valid public offer in accordance with Article 642 of the Civil Code of Ukraine is the fact of payment of the monetary amount by the Buyer for the Order placed in the online store.
11.6. The Agreement concluded by the Buyer by accepting this public offer has legal force in accordance with Article 642 of the Civil Code of Ukraine and is equivalent to a contract signed by the Parties.
Acceptance of the valid public offer means the full consent of the Buyer to the terms of this Sales Agreement (public offer of the online store).
11.7. The Agreement is concluded using information and telecommunication systems and is considered concluded in writing.
11.8. The use of the resources of the online store to view the Goods and place Orders is free for the Buyer.
11.9. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the functioning of the online store.
11.10. By accepting the Agreement or placing an Order, the Buyer voluntarily agrees to the collection and processing of their personal data for the following purpose: the data disclosed to the Seller will be used for commercial purposes, including processing Orders for the purchase of Goods, receiving information about Orders, sending advertising and special offers by means of telecommunication communication (email, mobile communication), information about promotions or any other information about the activities of the online store. For the purposes provided for in this paragraph, the Seller has the right to send letters, messages, and materials to the postal or email address of the Buyer.
11.11. The Buyer grants the Seller the right to process their personal data, including: using personal data from the Buyer's database (without additional notification of the Buyer), performing lifelong data storage, their accumulation, updating, and modification (as necessary). The Buyer undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related persons, commercial partners, persons authorized by the Seller to carry out direct data processing for the specified purposes, as well as at the mandatory request of the competent state authority).
11.12. If the Buyer does not wish to receive newsletters, they have the right to contact the Seller by writing a statement of refusal to receive advertising materials and sending it to the postal or email address.
11.13. The Buyer confirms that they have been informed of the procedure and conditions for processing their personal data.
11.14. The Seller warns that the Goods may slightly differ from their images in the online store.
11.15. This Agreement is an adhesion contract in accordance with Article 634 of the Civil Code of Ukraine.
11.16. Any claims can be sent to the Seller's address.
- Term of the Agreement and Procedure for its Termination.
12.1. This Agreement enters into force from the moment the Buyer accepts it (receipt of payment from the Buyer for the Goods to the Seller's account) and is valid until the complete fulfillment of obligations by the Parties, except for cases of early termination.
12.2. Before the expiration of the term, this Agreement may be terminated by mutual agreement of the Parties in writing, except as provided by this Agreement.
- Dispute Resolution.
13.1. Any disputes arising under or in connection with this Agreement shall be resolved by the Parties through negotiations.
13.2. If the Parties fail to reach an agreement on the disputed issue, such dispute shall be resolved in court in accordance with the current legislation of Ukraine.
- Parties' Details. Seller:
Individual Entrepreneur Anastasiia Mykhailivna Penkova
IBAN: UA543220010000026006330074299
Tax ID number (TIN)/EDRPOU: 3500704740
Joint-Stock Company: UNIVERSAL BANK
MFO: 322001
Bank's OKPO: 21133352
Questions?
WRITE TO US AT penko.brand@gmail.com