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End User License Agreement

For this Contract, one party The seller — The individual entrepreneur Ruban Yurii Heorhiiovych, on the one hand, and any person accepting the terms of this Public Offer Agreement - The Customer, on the other hand, further together - The Parties have concluded this Public Offer Agreement (hereinafter - the Agreement) addressed to an unlimited number of persons, which is an official public proposal by the Seller to conclude a contract with the Customer for the sale of Goods, the photographs of which are posted in the relevant section of the web site https://elan.net.ua/. The contract can be changed without prior notice.


This Agreement defines the terms of purchase of the Goods, images of which are posted on the relevant pages of the Website https://elan.net.ua/by the Customer through the Seller's website. The moment of concluding the Public Offer Agreement is considered to be the moment of any interaction of the client with the site https://elan.net.ua/.


Customers, when purchasing Goods, images of which are placed on the relevant pages of the Site https://elan.net.ua/ confirm their agreement with all the terms of the Agreement. Full and unconditional acceptance of the terms of this offer agreement, confirming the conclusion of the contract on the proposed terms, the fact that the Customer has paid the price of the orders on the site (or otherwise) Customers, accept the terms of this Agreement as follows.


1. GENERAL PROVISIONS


1.1. The contractual relationship between the Seller and the Customer is executed in the form of a Public Offer Agreement. Clicking on the website https://elan.net.ua/ in the relevant section of the button «ORDER» means that the Customer, regardless of status (individual, legal entity, individual entrepreneur), according to the current international and Ukrainian legislation, has taken into account the terms of the Public Offer Agreement, which are listed below.


1.2. The public offer agreement is public, in accordance with Articles 633, 641 of the Civil Code of Ukraine its conditions are the same for all Customers regardless of status (individual, legal entity, individual entrepreneur). In full approval with this Agreement, the Customer accepts the terms and conditions of ordering, payment and delivery of goods by the Seller, liability for unfair Order and failure to comply with the terms of this Agreement.


1.3. This Agreement shall enter into force as of time of clicking on the «ORDER» button, by which the Customer agrees to purchase the Goods available from the Seller and is valid until the Customer receives the Goods from the Seller and full settlement with him.


1.4. To regulate contractual legal relations under the Agreement, the Parties shall select and, if necessary, apply Ukrainian legislation. If an international agreement, the binding nature of which has been approved by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, the rules of the international agreement shall apply.


2. TERMS AND DEFINITIONS


«Public Offer Agreement» is a public agreement, a sample of which is posted on the Website https://elan.net.ua/, and the application of which is mandatory for all Customers, which contains the Seller's offer to purchase the Goods, the image of which is posted on Website https://elan.net.ua/, aimed at an indefinite number of people, including Customers. 


«Acceptance» - acceptance by the Customer of the Seller's offer to purchase the Goods, the image of which is posted on the Website https://elan.net.ua/, by adding it to the cart and sending the Order. 


«Goods» - the subject of trade, for the purchase of which on the Website https://elan.net.ua/posted the offer of the Seller. 


«Customer» - any able-bodied natural person, legal entity, natural person-entrepreneur, according to the current Ukrainian legislation, who have visited the Website https://elan.net.ua/ and intend to purchase a particular Product. 


«Seller» - any capable natural person, legal entity, natural person-entrepreneur, according to the current international and Ukrainian legislation, who are the owners or distributors of the Goods and with the help of the Website https://elan.net.ua/ intend to sell. 


«Order» - a properly executed and posted on the Website https://elan.net.ua/Customer's application for the purchase of Goods addressed to the Seller. 


«Legislation» - rules established by Ukrainian or international legislation to regulate contractual legal relations under the Agreement. 


«A significant deficiency of Goods» - a deficiency that makes it impossible or unacceptable to use the goods according to their intended purpose, has arisen due to the fault of the producer (seller), after its elimination manifests itself again for independent reasons from the consumer.


3. SCOPE OF THE CONTRACT


3.1. The Seller sells the Goods in accordance with the current price list published on the website https://elan.net.ua/, on the basis of the Order issued by the Customer, and the Customer undertakes to purchase the Goods and pay for them on the terms and in the manner specified in this Agreement. for him money.

3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and there are no rights of third parties to it.

3.3. The Seller and the Customer confirm that the current Agreement is not a fictitious or feigned agreement or an agreement concluded under the influence of pressure or deception.

3.4. The seller confirms that all necessary business permits governing the legal relations arising and operating in the course of the performance of this Contract, and also guarantees that it has the right to produce and / or sell goods without any restrictions, in accordance with the requirements of the legislation in force in Ukraine, and undertakes to be liable in the event of a violation of the Customer’s rights during the performance of this Contract and the sale of the goods.


4. RIGHTS AND OBLIGATIONS OF THE SELLER


4.1. The seller is obliged:

  • to comply with the terms of this Agreement
  • execute the Customer’s orders in case of payment from the Customer;
  • transfer to the Customer the goods according to the selected model on the relevant page of the Web site https://elan.net.ua/, the completed order and the terms of this Agreement;
  • verify the quality and quantity of the goods during their packaging in the warehouse;
  • inform the Customer about possible additional commission for payment of European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by information in this contract.

4.2. The seller has the right to:

  • unilaterally suspend the provision of services under this Agreement in the event of a breach by the Customer of the terms of this Agreement.

4.3. The Seller:

  • Business entity from among the persons offering for purchase on the Website https://elan.net.ua/ Goods according to the only agreed rules set forth in this public offer agreement. *

5. CUSTOMER'S RIGHTS AND OBLIGATIONS


5.1. The Customer’s obliged:

  • Pay and receive the order on time under the terms of this Agreement;
  • get acquainted with the information about the product, available at https://elan.net.ua/
  • upon receipt of the goods by the person who delivered them, make sure of the integrity and completeness of the goods by examining the contents of the package. In case of damage or incomplete completion of the Goods - fix them in the act which together with the Customer should be signed by the person who has carried out its delivery to the Customer.

5.2. The Customer has the right to:

  • place an order on the relevant page of the Website https://elan.net.ua/;
  • require the Seller to comply with the terms of this Agreement;
  • to inform about the possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.

6. ORDERING PROCEDURE


6.1. Orders are accepted through the website https://elan.net.ua/ during the Contractor's working hours.


6.2. The Customer places the Order on the relevant page of the Website https://elan.net.ua/ by freely selecting the desired product, moving it to the «Add to Cart» section and confirming the selection by clicking the «Place Order» button or by placing an order by phone number, specified in the contact section of the Website https://elan.net.ua/. After placing the order, the Customer will be sent a message confirming the order to the contacts specified during the order (email and / or mobile phone) or the expected date of receipt of the goods in case of its absence. Ordering by phone, the message is committed on telephone or by sending a message to a mobile number.


6.3. The term of formation of the Order is up to 2 working days from the moment of its registration. If the Order is sent on a weekend or holiday, the formation period begins on the first day after the weekend.


6.4. In the absence of the Goods ordered by the Customer in the Seller's warehouse, the Seller has the right to cancel the Customer's Order by notifying the Customer by call, letter or message to a mobile number. In case of cancellation of the prepaid Order, the value of the Goods is returned by the Seller to the Customer on the payment card.


6.5. By placing an Order, the Customer confirms his agreement with the terms of this offer and agrees to the processing of his personal data.


6.6. The Customer confirms that he is familiar with the terms of delivery and payment agrees with them and understands them in full. The Seller reserves the right to change the delivery time of the order with the subsequent notification of the Customer.


6.7. The Customer bears the risk of adverse consequences for providing false information, which has led to the impossibility of the Seller to properly fulfill its obligations to the Customer.


6.8. To confirm the Order, the Customer may be contacted by a representative of the Seller, who clarifies the details of the Order, agrees on the date and time of delivery. Confirmation of the order can be done without calling the representative of the Seller, by e-mail or message to a mobile number.


6.9. The seller is entitled to refuse to hand over the Order to the Customer if the information given by the Customer during the Order execution is incomplete or suspicious of its reliability. In case of cancellation of the prepaid Order the value of the Goods is returned by the Seller to the Customer on the payment card.


6.10. In the absence of the ordered goods, the Customer may propose to replace them with other Goods or cancel the Order.


6.11. The Customer has the right to cancel the order by telephone, as indicated in the contact list.


7. CONTRACT PRICE AND PAYMENT PROCEDURE


7.1. The price of each individual Product is determined by the Seller and indicated on the relevant page of the Website https://elan.net.ua/.


7.2. The price of the Agreement is determined by adding the prices of all selected Goods placed in the cart and the delivery price, which is determined depending on the method of delivery in accordance with the terms of Section 8 of this Agreement.


7.3. Payment for the order means the Customer's consent to enter into this Agreement with the Seller.


7.4 The cost of the Order may vary depending on the price, quantity or range of goods.


7.5. The Customer makes a 100% prepayment of the Order in any convenient way:

1) Payment by PrivatBank card - you can pay for your order to the Seller's current account specified in the account at the cash desk of any PrivatBank branch, in the Privat24 system or in the PrivatBank terminal.

2) Payment by VISA / MASTERCARD - You can pay for your order immediately upon registration in real time with any VISA or MASTERCARD plastic card.


Note. When the Customer pays for the order with a payment card, the issuer of this card may charge an additional fee, in particular, when the Customer pays for the order with a payment card, an additional fee may be charged when the Customer pays for European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro. When clicking on the website https://elan.net.ua/ in the relevant section of the button «ORDER» means that the Seller informed the Customer about the possibility of charging an additional fee when the Customer pays for European orders, the issuer of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.


8. TERMS OF DELIVERY OF GOODS


8.1. The Customer receives the goods through a delivery service or receives them personally. Order of delivery, delivery schedule specified on the relevant page of Site https://elan.net.ua/ in the section «Information about delivery».


8.2. On delivery of Goods per r. Kyiv and other cities of Ukraine, delivery is carried out by the transport company «Nova Poshta», wherein the Customer fully and unconditionally agrees with the Rules of carriage of goods by the specified carrier company.


8.3. When delivering the Goods on the territory of another country, the international delivery is performed by «Ukrposhta», and the Customer fully and unconditionally agrees with the Rules of Carriage of Goods by the specified Carrier Company.


8.4. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies, the Customer confirms with his own painting in the consignment note, declaration of the Carrier, or in the invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods of the Carrier Company in the quantity specified and paid by the Customer, complete according to the specification of this Goods and in proper (working) condition and quality.


8.5. The risk of accidental death, loss or accidental damage of the Goods passes to the Customer at the time of handing over the Goods to the postal service representatives. The Seller shall not be liable for loss or damage of the Goods by the postal service representatives.


8.6. Upon arrival at the transport company’s warehouse, the order shall not exceed 5 working days. At the end of this period the order is added for storage.


8.7. All issues arising in the process of payment and receipt of the Goods may be ascertained by the Customer on the basis of contact details in the section Contacts.


9. CONDITIONS OF RETURN OF GOODS


9.1. Return of Goods of proper quality.


9.2. According to the current legislation*, perfumes and cosmetics of proper quality are not subject to return or exchange.


* Article 9 of the Law of Ukraine «On Consumer Protection» of 12.05.1991 №1023-XII and Annex №3 to the Resolution of the Cabinet of Ministers of Ukraine «On the implementation of certain provisions of the Law of Ukraine «Consumer Protection Act» of 19.03.1994 №172 to goods due qualities that cannot be exchanged (returned) include: perfumes and cosmetics, sanitary items, combs, combs and massage brushes, products in aerosol packaging, tools for manicure, pedicure (scissors, nail files, etc.).


9.3. Return of Goods of improper quality.

A product of poor quality is a product that contains defects. A lack of a good is a lack of conformity with the requirements of normative acts and normative documents, with the terms of the contract or with the requirements imposed on it. The received goods must correspond to the description on the Site. The difference between the elements of design or design and the description declared on the Site is not a sign of inadequate quality.


9.4. If the Goods have been transferred to the Customer of improper quality, the Customer has the right to use the provisions of Article 8 of the Law of Ukraine «Consumer Protection Act» - to demand replacement of goods of proper quality or demand termination of the contract and refund.


9.5. Claims (application) for a refund of the amount paid for goods of improper quality shall be satisfied within 7 working days from the date of submission of the relevant claim. Refunds are made by returning the value of the paid Goods to the payment card of the Customer.


10. RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES


10.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in accordance with the procedure provided for in this Agreement and applicable international and Ukrainian law.


10.2. In the event of disputes arising out of the performance of the Parties to this Contract, with the exception of disputes concerning the recovery of the Customer’s debt, the Parties undertake to settle them by negotiation in accordance with the claims procedure. The claim period is 7 (seven) calendar days from the date of receipt. In disputes concerning the recovery of debts from the Customer, compliance with the claim procedure is not required.


10.3. All disputes, differences or claims arising out of or in connection with this Agreement, including those relating to its performance, breach, termination or invalidity, are subject to authorization by the appropriate court in accordance with international and Ukrainian substantive and procedural law.


11. FORCE MAJEURE


11.1. The parties shall not be liable for failure to perform any of their obligations, except for the obligation to pay, if they prove that such failure was caused by force majeure, that is, by events or circumstances, Are truly beyond the control of such a party, have come after the conclusion of this Agreement, are unpredictable and unavoidable.


Force majeure events include, inter alia, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), mutinies, loss of goods, carrier delays caused by accidents or adverse weather conditions, The dangers and accidents at sea, embargoes, catastrophes, restrictions imposed by public authorities (including distribution, priorities, official requirements, quotas and price controls) if those circumstances directly affected the implementation of this Agreement.


11.2. A Party for which it has become impossible to fulfill its obligations under this Agreement due to force majeure shall immediately notify the other Party in writing form of the occurrence of the above circumstances, and within 30 (thirty) calendar days to provide the other Party with confirmation of force majeure. Such confirmation shall be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.


11.3. The time required by Parties to fulfil their obligations under this Agreement shall be extended for any period during which performance has been deferred through the circumstances listed.


11.4. If, due to force majeure, default under this Agreement lasts for more than three months, each Party shall be entitled to terminate this Agreement unilaterally by giving written notice thereof to the other Party. Notwithstanding the occurrence of force majeure, before the termination of this Agreement due to force majeure, the Parties shall make final payments.

Notwithstanding the occurrence of force majeure, before the termination of this Agreement due to force majeure, the Parties shall make final payments.


12. OTHER TERMS OF THE AGREEMENT


12.1. The information provided by the Customer is confidential. Information about the Customer is used exclusively for the purpose of fulfilling his Order (sending a message to the Seller about the order of the Goods, sending advertising messages, etc.).


12.2. Own acceptance of the Agreement on the Website https://elan.net.ua/.The Customer voluntarily agrees to the collection and processing of personal data for the following purpose: the data that becomes known will be used for commercial purposes, including the processing of purchase orders goods, receiving order information, sending by telecommunication means (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about the activities of the Website https://elan.net.ua/.


For the purposes provided for in this paragraph, the Customer has the right to send letters, messages and materials to the postal address, e-mail of the Customer, as well as send sms-messages, make calls to the telephone number specified in the questionnaire.


12.3. The Customer gives the right to process his personal data, including: to place personal data in the database (without additional notice), to carry out lifelong storage of data, their accumulation, update, change (as needed). The Seller undertakes to protect data from unauthorized access by third parties, not to disseminate or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for these objectives, as well as at the mandatory request of the competent public authority).


12.4. In case of refusal to receive a newsletters, the Customer has the right to address to the Seller, by writing a statement of refusal to receive advertising materials, by sending it to a postal or e-mail address.


12.5. The Seller shall not be liable for the content and accuracy of the information provided by the Customer in the course of the ordering. The Customer is responsible for the accuracy of the information given in the order.


Thank you for your choice and wish pleasant purchases in our Internet-shop «ELAN»!