Terms of use
This Agreement is a public agreement - a public offer agreement, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and conditions of ordering, payment for the goods, and delivery of the goods.
This Agreement is an agreement between the baby-kingdom.space online store (hereinafter referred to as the ‘Seller’) and any legal entity, individual entrepreneur or individual user of the services of the online store, hereinafter referred to as the ‘Buyer’ (hereinafter referred to as the ‘Buyer’), which includes all the essential conditions for organising the sale and purchase remotely (i.e. through the online store).
The terms of this Agreement shall govern the relationship between the Seller and the Buyer and are determined by the Law of Ukraine ‘On Protection of Consumer Rights’ No. 1023-XII dated 12 May 1991, the Rules of Retail Trade in Non-Food Products approved by the Order of the Ministry of Economy of Ukraine No. 104 dated 19 April 2007.
This agreement has the character of a public offer, is equivalent to an ‘oral agreement’ and has due legal force in accordance with the applicable law.
1. General provisions
1.1 This agreement is a public offer (in accordance with Articles 633, 641 and Article 63 of the Civil Code of Ukraine) and contains all the essential conditions for organising the sale and purchase by remote means, i.e. through the online store.
1.2. In accordance with Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of a public contract, i.e. the public offer of the online store, is the fact of clicking on the ‘Checkout’ button and paying for the order in the amount of 100% under the terms of this agreement.
1.3. By entering into the Agreement, the Buyer confirms that he is fully acquainted and agrees with its terms, and, if the Buyer is an individual, gives permission to process his personal data in order to fulfil the terms of this Agreement, the possibility of making mutual settlements, as well as receiving invoices, acts and other documents The permission to process personal data is valid for the entire term of the Agreement. In addition, by entering into this Agreement, the Buyer confirms that he/she has been informed (without additional notice) of the rights established by the Law of Ukraine ‘On Personal Data Protection’ and the purposes of data collection. 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 him/her.
2. Terms and definitions
2.1. ‘Online store’ - the Seller's website (baby-kingdom.space), created for the conclusion of sales contracts on the basis of the Buyer's acquaintance with the description of the Goods offered by the Seller in the photographs, using the Internet, which excludes the possibility of direct acquaintance of the Buyer with the Goods - a remote means of selling goods.
2.2 ‘Product’ - a list of assortment items presented in the online store.
2.3. ‘Personal data’ - any information that directly or indirectly relates to a specific person or to a person who is determined.
2.4. ‘Significant defect of the Goods’ - a defect that makes it impossible or unacceptable to use the goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller), after its elimination it manifests itself again for reasons independent of the consumer and at the same time has at least one of the following features
a) it cannot be eliminated at all;
b) its elimination requires more than fourteen calendar days;
c) it produces goods substantially different from those stipulated in the contract.
3. Subject of the agreement
3.1 The Online Shop undertakes to transfer the ownership of the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods under the terms of this Agreement.
3.2. This agreement governs the sale and purchase in the online store, including:
a) voluntary selection by the Buyer of goods in the online store by category;
b) the Buyer's independent placement of an order on the website in the online store;
c) payment by the Buyer for the order placed in the online store;
d) fulfilment and transfer of the order to the Buyer's ownership under the terms of this Agreement.
4. Ordering procedure
4.1 The buyer independently places an order online in the online store or by telephone using the contacts indicated in the online store.
5. Cost and payment procedure for the goods
5.1. The full cost of the goods is indicated on the pages of the seller's online store.
5.2 Prices for Goods and services may vary depending on market conditions, which is reflected in the prices in the online store. The Seller may not change the price for a particular Buyer if the latter has already accepted the Seller's terms and conditions and made payment for the Goods (services) in accordance with the procedure established by this Agreement.
5.3. The Buyer pays for the order within 2 business days in the form of a bank transfer to the current account of the Seller specified in the invoice, including via Internet banking.
6. Delivery of the order
6.1. The goods are shipped to the Buyer upon receipt of an advance payment or 100% payment of the invoice from the Buyer.
6.2. Delivery and return of the goods is carried out by the Seller or the transport company (carrier) at the expense of the Buyer. The total delivery time may not exceed 10 days.
6.3. The cost of delivery is not indicated in the online store, as it depends on the current tariffs of the transport company (carrier).
6.4. When ordering wholesale quantities, delivery terms and methods are agreed upon separately in each case.
6.5. The Seller is responsible for the delivery time of the order, as it depends on the actions of third parties (carriers).
6.6. The Buyer shall pay the delivery cost to the Carrier Company independently upon receipt of the goods. The exact cost of delivery is determined by the Carrier Company.
7. The procedure for returning the goods
7.1. The Buyer has the right to exchange the Goods of good quality for a similar one from the seller from whom it was purchased if the goods are not satisfactory or for other reasons cannot be used for their intended purpose under the following conditions
a) the goods for exchange shall be provided to the Seller within no more than fourteen days, excluding the day of purchase;
b) the goods may be exchanged if they have never been in use, do not contain any traces of use and if their presentation, consumer properties, seals, labels, films, and packaging integrity are preserved;
c) the goods are free of scratches and abrasions;
d) the complete set of the goods sold is preserved;
e) the goods may be replaced upon presentation by the Buyer of the payment document issued to the Buyer together with the sold Goods.
7.2. If the Goods do not meet the conditions specified in clauses a) - d) of clause 7.1, the Seller has the right to refuse to exchange the Goods.
7.3. The transport costs for the delivery of the Goods in the exchange under clause 7.1. are borne by the Buyer.
7.4. When exchanging goods, its warranty period is calculated from the date of exchange.
7.5. If at the time of the exchange a similar product is not on sale, the Buyer has the right to either purchase any other products from the available range with the corresponding transfer of cost, or terminate the contract and receive a refund in the amount of the value of the returned goods, or exchange the goods for a similar product at the first receipt of the relevant product for sale.
8. Rights and obligations of the parties
8.1. The Buyer is obliged to:
a) read the information about the Goods posted on the Seller's website;
b) place an order on the website independently;
c) timely pay for and receive the order from the Carrier under the terms of this Agreement;
d) upon receipt of the Goods from the Carrier, verify their integrity and completeness by inspecting the contents of the package. In case of damage and incomplete completeness, record them in an act signed by the carrier's employee together with the Buyer.
8.2. The Buyer has the right to demand that the Online Store comply with the terms of this Agreement.
8.3. The online store is obliged to:
a) comply with the terms of this agreement;
b) transfer the goods to the Buyer in accordance with the selected sample posted in the online store, the order and the terms of this agreement;
c) the online store is not responsible, cannot act as a defendant in court and does not compensate for losses incurred by the Buyer due to the actions or inaction of third parties.
8.4. The Online Store has the right to:
a) unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
9. The procedure for acceptance of goods by the Buyer
9.1. Upon receipt of the Goods at the carrier's warehouse, from the courier or the Seller, the Buyer is obliged to check the external integrity of the package, then open it and make sure that the Goods are in proper external condition (no mechanical damage) and complete.
9.2. In the event of at least one of the defects specified in clause 9.1. of the Agreement, the Buyer is obliged to record them in a free-form act. The act shall be signed by the Buyer and an employee of the carrier or the Seller. Within 1 (one) day from the date of signing the Act, the Buyer is obliged to notify the manager (the Seller's representative responsible for placing the order for the Goods) of the identified defects and agree on the replacement of the Goods.
10. The term of this agreement
10.1 This Agreement shall come into force from the date of ordering or registration in the baby-kingdom.space online store and shall be valid until all the terms of the Agreement are fulfilled.
