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 goods, and delivery of goods.
This Agreement is an agreement between the online store "futufu-kids.com" (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 organizing the sale and purchase remotely (i.e. through the online store).
The terms and conditions 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 May 12, 1991, the Rules of Retail Trade in Non-Food Products approved by the Order of the Ministry of Economy of Ukraine No. 104 dated April 19, 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 current legislation of Ukraine.
1. General provisions
1.1. This agreement is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for organizing the sale and purchase by remote means, i.e. through the online store.
1.2. In accordance with Art. 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 placing an order in accordance with clause 4 of this Agreement and payment of the order in the amount of 100% under the terms of this agreement.
1.3. The public offer is also accepted upon registration of the Buyer on the website of the online store.
1.4. By entering into the Agreement, the Buyer confirms that he/she is fully and completely familiarized and agrees with its terms and conditions, and, if the Buyer is an individual, authorizes the processing of his/her personal data in order to fulfill the terms of this Agreement, to make mutual settlements, and to receive invoices, acts and other documents. The permission to process personal data shall be 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.
2. Terms and definitions
2.1. "Online store" - the Seller's website ("futufu-kids.com"), created for the conclusion of retail and wholesale purchase and sale agreements on the basis of the Buyer's familiarization with the description of the Goods offered by the Seller in the photographs, using the Internet, which excludes the possibility of direct familiarization 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 their intended purpose, arose through the fault of the manufacturer (Seller), after its elimination appears again for reasons independent of the consumer and is endowed with at least one of the following features:
а) it cannot be eliminated at all;
b) its elimination requires more than fourteen calendar days;
c) it makes the goods significantly different from those stipulated in the contract.
3. Subject of the contract
3.1. The Online Store undertakes to transfer the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods on the terms of this Agreement.
3.2. This agreement governs the sale and purchase in the online store, including:
a) voluntary selection of goods by the Buyer in the online store;
b) the Buyer's independent placement of an order on the website in the online store;
c) placing an order by the Buyer or by telephone;
d) payment by the Buyer for the order placed in the online store;
e) fulfillment and transfer of the order to the Buyer in the 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. Payment by credit card - Payment by credit card through the LiqPay payment system.
5.2. Bank transfer - After agreeing on the order, we send an invoice for payment.
5.3. Payment upon receipt - payment is possible upon receipt of the order in the delivery service (cash on delivery).
6. Delivery of the order
6.1. Nova Poshta (at the expense of the buyer) *.
Delivery in Ukraine is carried out by the Nova Poshta service.
You can pick up the parcel at a Nova Poshta branch or arrange delivery to the address. * For any order amount!
6.2. By courier Dnipro (free of charge) *.
Targeted delivery is carried out by our courier Dnipro. Before delivery, our managers will definitely agree with you on the delivery time, and the courier will contact you in advance.
* For any order amount!
6.3. Pickup (free of charge).
A pickup point is the most affordable and fastest way to receive a parcel in Dnipro. The pickup point is located in the office of our online store at the address: 68, Knyazya Yaroslav Mudrogo str.
7. The procedure for the exchange and return of goods of good quality
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 did not satisfy him in shape, size, style, color, size or for other reasons cannot be used for their intended purpose under the following conditions:
A) the goods for exchange are provided to the Seller within no more than fourteen days, not counting the day of purchase;
B) the product can be replaced if it has never been in use, has not been registered by the Buyer (the Buyer has not entered any registration and identification data on the product or in the phone application that is compatible with this product), does not contain traces of use and if its presentation, consumer properties, seals, labels, films, and the integrity of the packaging of both the product and its components are preserved; C) the product does not contain scratches, chips, scuffs, and is fully functional;
D) the complete set of 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 subpara. A) - G) of clause 7.1, the Seller has the right to refuse to exchange the Goods.
7.3. Transportation costs for the delivery of the Goods in the exchange under clause 7.1. shall be borne by the Buyer.
7.4. When exchanging goods, its warranty period is calculated anew 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 product, or exchange the product for a similar one at the first receipt of the corresponding product for sale.
8. Rights and obligations of the parties
8.1. The Buyer is obliged to:
a) to familiarize yourself with the information about the Goods posted on the Seller's website;
b) place an order on the website or by telephone in the online store;
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 the act, which must be signed by the carrier's employee together with the Buyer.
8.2. The Buyer has the right to require the Online Store to 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 placed and the terms of this agreement;
c) the Online Shop shall not be liable, may not act as a defendant in court and shall not compensate for losses incurred by the Buyer due to the actions or inactions 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 directly verify the proper external condition of the Goods (absence of mechanical damage) and completeness of its completeness.
9.2. In the event of at least one of the listed defects, the Buyer is obliged to record it in a free-form act. The act must be signed by the Buyer and an employee of the carrier or the Seller. If possible, the defects should be recorded by means of photo or video recording.Within 1 (one) day, 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, while filling out a complaint form for the return of the Goods.
9.3. The Parties agreed that in case of non-compliance with the mandatory requirements of this procedure, the Buyer shall be recognized as receiving the Goods in proper condition - without any mechanical damage and in full.
10. Warranty
10.1. During the warranty period, the Seller undertakes to carry out free warranty repair or replacement of the relevant Goods in case of defects.
11. Responsibility of the parties
11.1. The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
11.2. In case of force majeure, the Parties shall be exempt from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure shall mean events of an extraordinary, unavoidable unpredictable nature that exclude or objectively impede the performance of this Agreement, the occurrence of which the Parties could not have foreseen and prevented by reasonable measures.
11.3. The Party invoking force majeure shall notify the other Party of the occurrence of such circumstances in writing by e-mail within five calendar days.
11.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement lasts for more than five months, each of the Parties shall have the right to terminate this Agreement unilaterally by notifying the other Party in writing.
11.5. The Parties shall make every effort to resolve any disputes exclusively through negotiations.
12. Other terms and conditions
12.1. The online store reserves the right to unilaterally amend this Agreement with its prior publication on the website "futufu-kids.com".
12.2. The online store was created to organize a remote method of selling goods via the Internet.
12.3. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.
12.4. The Buyer is responsible for the accuracy of the information provided when placing an order.
12.5. The Buyer's payment for the order placed in the Online Store means the Buyer's full acceptance of the terms of the Sale and Purchase Agreement (public offer of the Online Store) and is the date of the conclusion of the Sale and Purchase Agreement between the Seller and the Buyer.
12.6. The use of the Online Store resource for viewing the goods, as well as for placing an order, is free of charge for the Buyer.
12.7. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for the purposes of the operation of the Online Store (sending a message to the Buyer about the execution of the order, sending advertising messages, etc.)
12.8. By accepting the Agreement or registering on the website "futufu-kids. com" (filling in the registration form), the Buyer voluntarily agrees to the collection and processing of his own personal data in the Seller's registered database "Counterparties" for the following purpose: the data that becomes known to the Seller will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about orders, sending advertising and special offers, information about promotions, drawings or any other information about the activities of the Seller by telecommunication means (e-mail, mobile communication). For the purposes provided for in this clause, the Seller has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as send SMS messages, make calls to the phone number specified in the questionnaire.
12.9. The Buyer gives the Seller the right to process his personal data, including: to place personal data in the Buyer's databases (without additional notification of the Participant about it), to carry out lifelong storage of data, their accumulation, updating, changing (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 parties, commercial partners, persons authorized by the Seller to directly process data for the specified purposes, as well as at the mandatory request of the competent state authority).
12.10. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
12.11. If it is impossible to eliminate them, the parties have the right to seek judicial protection of their interests.
13. Term of this Agreement
13.1. This agreement shall enter into force from the date of ordering or registration in the online store "futufu-kids.com" and is valid until all the terms of the agreement are fulfilled.