1.       Definitions

1.1 The following definitions have the following meanings and are the integral part of the present option contract if not stated otherwise:

  • Seller — Independent entrepreneur Holub Maksym; mobile +380507760796, email: finch.ukraine@gmail.com.
  • Customer — any physical entity that accepted the option contract on the terms of the present option contract.
  • Online store — an official online store of the FINCH brand located at finchwear.com.ua. Under the present contract such terms like online shop and store as well as website http://finchwear.com.ua and derivatives of finchwear.com.ua are of equal value and are interpreted authentically according to the option contract context.
  • Goods — an object of agreement of the parties, a list of assortment items represented in the official online store.
  • Rules of sales – rules of sale of goods in FINCH online store published in the section  «Service and help», item “Rules of sales”

2.      General conditions

2.1    The present option contract (hereinafter – the Agreement) is an official offer of the independent entrepreneur Holub M.S. to any physical entity eligible and having an authority to conclude purchase and sale contract with the independent entrepreneur Holub M.S. under the terms and conditions set in the present option contract containing all the significant conditions of the agreement.

2.2    Relations in the sphere of protection of consumer rights are regulated by the Civil code of Ukraine, the Law “Concerning the protection of consumer rights” and accepted in accordance it other federal laws and legal acts of the Ukraine.

2.1.     Registry on the website

2.1.1    Any users as well as registered ones can make orders in the online store. A registered Purchaser can have only one user account.

2.1.2    The Seller is not responsible for accuracy and correctness of the information provided by the Customer during registration.

2.1.3   Customer registered in the online store gets an individual identification by presenting username and password. Individual identification of the Customer helps escape unauthorized operations by the third parties on behalf of the Customer and opens an access to additional services. It is highly not recommended for a Customer to pass the username and password to the third parties.

2.1.4    The Seller is personally responsible for all possible negative consequences in case when his username and login is passed to the third parties.

3. SUBJECT OF THE AGREEMENT AND PRODUCT PRICE

3.1 The Seller transfers and the Customer accepts and pays for the Product following the terms of the present Agreement. The right of ownership to the Product ordered is transferred to the Customer at the moment of actual hand-over of the Product to the Customer and the payment of the Product’s full price. The risk of eventual loss or damage of the Product is transferred to the Customer at the moment of actual hand-over of the Product to the Customer.

3.2 The Product price is set by the Seller unilaterally and indisputably and is indicated on the Online store pages at www.finchwear.com.ua.

3.3 The Product prices are stated in Ukrainian hryvnias/US dollars/Euros.

3.4 The offer to conclude a Purchase and Sale agreement is in force at the time the Product is on sale at www.finchwear.com.ua and available at the Seller’s warehouse.

 

4. CONCLUSION OF THE AGREEMENT

4.1 The text of the present Agreement is a public offer (in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of Ukraine).

4.2 The Agreement based on the Customer’s acceptance of this public offer is an adhesion agreement that the Customer adheres to without any exception and/or clauses.

4.3 The fact of placing an order by the Customer is an unconditional fact of the Customer’s acceptance of the terms and conditions of the Agreement. The Customer who purchased the Product on the Seller’s online store (placed an order) is considered as an individual who established a relationship with the Seller under the terms of this Agreement.

5. LIABILITIES OF THE PARTIES

5.1 The Seller is obliged to fulfill the obligations to the Customer under the terms of the Offer from the moment of the conclusion of the present Agreement. The seller is not held liable for full or partial failure to fulfill its obligations in accordance with this Agreement, if this failure was caused by force majeure circumstances arising after the Agreement has been signed.

5.2 The Seller is obliged to process and protect the Customer’s personal data in accordance to the current legislation.

5.3 The Seller reserves the right to modify the Agreement, Product prices, shipment methods, cost and delivery times unilaterally, publishing these modifications on its online store at the following Internet address: finchwear.com.ua. All adjustments take effect immediately after being published on the website and the Customer is deemed notified from the moment of such publications.

5.4 The Seller reserves the right to record the telephone communication with the Customer. In accordance to Paragraph 4 of Article 16 of the Federal law “On Information, Information Technology and Information Security” the Seller is obliged to prevent unauthorized access to the Customer’s personal data or its transfer to third parties; timely identify and preclude such actions.

5.5 The Seller shall be entitled to assign or transfer any of its rights and obligations resulting from its relations with the Customer to any third parties without consent of the Customer.

5.6 The Customer is obliged to familiarize himself/herself with the present terms and conditions of the Agreement, Product prices, which are offered by the Seller at finchwear.com.ua, before the conclusion of the Agreement.

5.7 The Customer is obliged to submit his/her personal information and place an order without assistance or with the help of the Customer Service manager by any available methods.

5.8 The Customer is obliged to share all necessary data which identifies him/her as a buyer and suffices for the Customer’s order to be delivered.

5.9 The Customer is obliged to pay for the Product and its delivery under the terms of this Agreement.

5.10 The Customer agrees to acquaint himself/herself with the information presented by the Seller on its website including the following sections: How To Buy, Payment, Returns, Privacy Policy.

5.11 The Customer agrees not to use the Products ordered on the Website in commercial purposes.

6. ORDER PLACEMENT

6.1 After placing an Order, the Customer receives an email containing all the essential details which are the Product price, address and delivery cost.

6.2 The Order is deemed accepted for processing once the Customer is emailed at the address provided upon registering the confirmation of his/her Order being received and/or once a new Order notification appears on the Website’s page.

6.3 The Seller reserves the right to cancel the Customer’s order request while it is being processed.

6.4 The Seller reserves the right to confirm the Order details with the Customer by phone. In case of a failure to contact the Customer during the following two days, the Order is automatically cancelled. In case the Seller cancels a prepaid Order, the price of the Order shall be refunded to the same payment method used to prepay the Product by the Customer.

6.5 After the order has been placed, the Customer is provided with the information on the expected delivery date by means of sending an electronic message at the address indicated by the Customer at the registration or by telephone. The delivery date depends on the availability of the merchandise stored at the Seller’s warehouse and the time necessary to process and deliver the order.

7. DELIVERY

7.1 The Customer is obliged to accept the Order at the agreed delivery time. An Order is delivered to the Customer (or a person specified by the Customer as the Receiver) personally. Any Product, which cannot be delivered to any of the above individuals, shall be handed over to a person providing details of the corresponding Order (shipment number and full name of the Receiver).

7.2 The Customer can collect his/her Order from any store listed by the Seller.

7.3 The Seller shall make every possible effort to meet the Product delivery time specified during the Order confirmation. Delays in delivery are allowable only due to unforeseen circumstances occurred due to no fault of the Seller.

7.4 The Customer reserves the right to either fully or partially cancel the Order (on condition that the Order has not yet been handed over to the courier service) any time until the Order is delivered to the Customer (the delivery documents are signed by the Customer). Once the Order has been delivered, you have 7 (seven) days to return it.

7.5 Proprietary rights, risk of accidental loss or damage of Product shall be transferred to the Customer upon receipt of the ordered Product. Signing of the corresponding delivery note by the Customer shall be the proof of proprietary rights being transferred.

7.6 Along with the Product, the Customer receives the return form, which specifies the return terms, and care instructions.

7.7 In case the Products are ordered for delivery outside the Ukraine, the Customer may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Customer will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Before placing an Order, The Customer should contact his/her local customs office for further information.

8. RETURNS ANS EXCHANGES

8.1 The Customer reserves the right to decline the Order without giving any reason any time prior to its delivery. Once the Order has been delivered, you have 7 (seven) days to return it.

8.2 The Customer reserves the right to exchange the purchased Product which does not suit the Customer in terms of shape, measurements, style, color range, size or completeness within 14 days excluding the day of purchasing. The Product may be returned or exchanged only if unused, in a marketable condition with the original packaging, contents, and accompanied by a document confirming the purchase.

8.3 The Customer is obliged to enclose the following documents to the package containing the Product returned:

the return form;
the copy of the passport;
the copy of the payment receipt.

8.4 The return procedure for a faulty Product is described in Paragraph 7.3. The Customer is obliged to specify the defects of the received Product in a return form.

8.5 The Return methods:

via the shipping service used for delivery;
using the Customer’s preferred shipping service.

8.5 The claim for a refund paid is to be satisfied within 10 (ten) days from the presentation of a corresponding claim (Law of Ukraine On Consumer Rights Protection). In case of the return of a faulty Product, the Customer is refunded the cost of the Product along with the original shipping charges.

9. PAYMENT METHODS

9.1 The Product can be paid for in various ways as set out below:

By cash or credit/debit card upon receipt of the Order in Kiev or over Ukraine;
Online payment (VISA, Mastercard or Maestro);
SWIFT payment or any other suitable money transfer system available in Ukraine as well as in the Purchaser residence.

9.2 You will find more information on the payment methods in the Payment and Delivery sections.

10. FORCE MAJEURE

10.1 Either Party shall not be held liable for a full or partial failure to fulfill its obligations in accordance with this Agreement if this failure was caused by force majeure circumstances arising after the Agreement had been signed. The ‘force majeure circumstances’ are extraordinary events or conditions that the Party could not foresee or prevent by all means available. These extraordinary events or conditions include, in particular, strikes, floods, fires, earthquakes or any other natural disasters, wars, military actions, the actions by Ukrainian or foreign authorities or any other circumstances beyond the reasonable control of either Party. The amendments to the current legislation of the Ukraine directly or indirectly affecting either Party shall not be deemed as force majeure. However, in case of introducing such amendments that will prevent either Party from fulfilling any of its obligations under the terms of this Agreement, the Parties shall immediately take appropriate actions to ensure the fulfillment of this Agreement.

11. CONFIDENTIALITY

11.1 The Customer provides the Seller with his/her passport and bank card details if returning the purchased Product. The Seller is entitled to use this data to fulfil the obligations under this Agreement. The Seller takes seriously the confidentiality of personal data provided by the Customer. By accepting this Offer and providing personal information, the Customers and visitors to the website express their consent and allow the Seller to process their personal data to promote the services on the market through direct contact with the Customer including a newsletter subscription, sms-surveys, promotions, analysis of marketing activities, customer assistance, gathering statistics, quality control of services provided by the Seller.

Visitors to the website and customers allow the Seller (to fulfill the obligations and with the intention to conduct marketing activities) to hand over the procedure of processing personal data (first name, patronymic, date of birth, gender, postal address, social media accounts, email address, order history) to the third parties on the basis of the concluded agreement providing these third parties meet the requirements of the Legislation of the Ukrainian on Personal data security. Personal data processing is every operation or a number of operations performed on personal data, automatically or otherwise, such as: collection, recording, organizing, storing, adjusting, or altering, withdrawing, consulting, using, publishing through transmitting, revealing or making otherwise available, aligning, combing, blocking, deleting or destroying.

The Customer is entitled to process personal data by terms of sending commercial/advertising content notifications at the address provided by the Customer; telephone calls, text messages or instant messaging; email newsletters.

The Customer can decline receiving any of the above without giving any reason:

by unsubscribing from the newsletter clicking on the ‘Unsubscribe’ button in the email letter;
by contacting the Seller’s Customer Service at the telephone number available in the ‘Contacts’ section at www.finchwear.com.ua.

11.2 The Seller shall not disclose any personal information received from the Customer. The Seller reserves the right to transfer the Customer’s personal information to any third parties acting under instructions of the Seller and pursuant to agreements with the Seller in order to perform its obligations towards the Customer.

11.3 The Customer expresses his/her consent and allows the Operator to process his/her personal data by means of automatic system of data base management as well as other software tools specifically developed at the Operator’s order.

12. RESPONSIBILITIES OF PARTIES

12.1 The Parties shall be liable for the failure to fulfil or improper fulfillment of the terms of this Agreement in accordance with the Legislation of Ukraine.

12.2 All the textual information and graphical images featured on the Seller’s store finchwear.com.ua have a legal right holder, the unlawful usage of the aforementioned information and images shall be prosecuted in accordance with the current legislation of Ukraine.

 13. OTHER TERMS AND CONDITIONS

13.1 The parties shall seek to resolve all the disputes arising through negotiations.

13.2 In case the agreement cannot be reached, the dispute shall be referred to court in accordance with the current legislation of Ukraine.