GENERAL SALES TERMS & CONDITIONS

Terms of Use for the Website

DEFINITIONS

"Public Offer Agreement" - a public contract, a sample of which is posted on the website https://alenatofil.com, and its application is mandatory for all Buyers. It contains the Seller's offer regarding the purchase of Goods, the images of which are posted on the website https://alenatofil.com, directed at an indefinite number of persons, including Buyers.

"Goods" - an item of trade, the offer for the purchase of which is posted on the website https://alenatofil.com by the Seller.

"Buyer" - any legally capable individual, legal entity, or individual entrepreneur, in accordance with the current Ukrainian legislation, who visits the website https://alenatofil.com and intends to purchase certain Goods.

"Site Administration/Seller" - Sole Proprietor Korobkov Serhiy Oleksandrovych, 116a-5 Kyrylivska Street, Kyiv, 04080, Ukraine

"Site Administration/Seller" - any legally capable individual, legal entity, or individual entrepreneur, in accordance with current international and Ukrainian legislation, who owns or distributes Goods and intends to sell them via the website https://alenatofil.com.

  1. General Provisions

1.1. This Agreement defines the terms of use by Users (Buyers) of the materials and services of the site https://alenatofil.com (hereinafter referred to as the Site, website, online store).

1.2. According to Art. 633, Art. 641, and Sec. 63 of the Civil Code of Ukraine, this Agreement is a public contract (offer) addressed to an indefinite number of persons, regardless of status (individual, legal entity, individual entrepreneur), who wish to purchase goods in the online store https://alenatofil.com.

1.3. Since this Agreement is a public offer, by accessing the materials of the Site, the User (Buyer) is considered a participant in this Agreement.

1.4. The Site Administration (owner of the site https://alenatofil.com and/or persons authorized by it) has the right to unilaterally change the terms of this Agreement at any time. The new or amended Agreement becomes effective upon posting on the Site. If the User disagrees with the changes made, he/she is obliged to refuse access to the Site and cease using the materials and services of the Site.

1.5. The Buyer agrees to this public offer in its entirety and without reservation when placing an Order on the Site.

1.6. The Visitor (Buyer) agrees that all the terms of the User Agreement are clear to him/her, and he/she accepts them fully and unconditionally.

1.7. By fully agreeing to this public contract, the Buyer accepts the terms and procedure for ordering, paying for, and delivering the goods by the Seller, as well as responsibility for dishonest orders and non-compliance with the terms of this public contract.

1.8. This public contract takes effect from the moment the "Place Order" button is pressed, whereby the Buyer agrees to purchase the Goods available from the Seller, and is valid until the Buyer receives the Goods from the Seller and makes full payment.

1.9. To regulate contractual legal relations under the public contract, the Parties choose and, if necessary, apply Ukrainian law. If an international treaty, to which the Verkhovna Rada of Ukraine has consented to be bound, establishes rules other than those established by Ukrainian legislation, the rules of the international treaty shall apply.

  1. Registration on the Site

2.1. To place orders on the Site, the User (Buyer) may go through the registration procedure and provide the necessary information according to the questionnaire.

2.2. During registration on the Site, the User (Buyer) undertakes to provide accurate and true information about himself/herself and his/her contact details for the Site Administration to fulfill its obligations to the User (Buyer), send payment details, and deliver the paid Goods.

2.3. During registration on the Site, the User (Buyer) specifies a login (his/her e-mail) and password, for the security of which he/she is responsible. The User (Buyer) undertakes not to disclose the login and password specified during registration to third parties and to keep this information inaccessible to third parties. The Buyer is solely responsible for all actions performed on his/her behalf, i.e., using his/her login and password.

  1. Confidentiality and Personal Data

3.1. The information provided by the User (Buyer) is confidential. The site administration uses the information about the User (Buyer) to fulfill the Visitor's (Buyer's) Orders unless other purposes are specified in this Agreement.

3.2. By filling out the registration form on the website https://alenatofil.com, the Visitor (Buyer) voluntarily consents to the collection and processing of his/her personal data by the Site Administration for further purposes: the information provided by the Visitor (Buyer) during registration on the Site will be used to process Orders for the purchase of Goods, obtain information about orders, send advertisements and special offers via telecommunication means (e-mail, mobile communication), information about promotions, sweepstakes, or any other information about the activity of the website https://alenatofil.com, for other commercial purposes.

3.3. For the purposes specified in this paragraph, the Administration has the right to send letters, messages, and materials to the postal address, e-mail of the Visitor (Buyer), as well as send SMS messages and make calls to the number specified in the questionnaire, if necessary for the execution of the User's (Buyer's) order. The Administration has the right to record telephone conversations with the Visitor (Buyer) to improve the quality of service to the latter, to which the Visitor (Buyer) gives his/her unconditional consent.

3.4. The Visitor (Buyer) consents to the use of cookies by the Administration. Cookies do not contain personal information and cannot read information from the Visitor's (Buyer's) hard drive in any way. Cookies are used to improve the quality of the services provided, in particular for the quick identification of the Visitor (Buyer), saving the Visitor's (Buyer's) settings, his/her personal preferences, tracking the access session status of the Visitor (Buyer), and his/her tendencies. The Administration also uses cookies for advertising purposes, including to manage ads on websites on the Internet. After the Visitor (Buyer) disables the cookie technology, the Administration does not guarantee the full functionality of the website https://alenatofil.com or some of its services.

3.5. The Buyer gives the Administration the right to process his/her personal data, in particular to place personal data in the Administration's databases (without additional notification about this), to store data for life, accumulate, update, change (if necessary). The Administration undertakes to ensure data protection 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 Administration to directly process data for the specified purposes, as well as upon the mandatory request of a competent state body).

3.6. If the Visitor (Buyer) does not wish to receive information about promotional activities, new products, etc., he/she has the right to refuse it by sending a letter to the Administration and/or indicating the corresponding mark in the personal account.

3.7. The Administration is not responsible for the content and accuracy of the information provided by the Visitor (Buyer) during registration on the website https://alenatofil.com and placing the Order. The Visitor (Buyer) is responsible for the accuracy of the information provided during registration on the website and placing the Order, agreeing to all risks associated with the inaccuracy of such information.

  1. Terms of Goods Delivery

4.1. The Buyer receives the Goods through the Nova Poshta delivery service, according to Nova Poshta's rates.

4.2. When delivering Goods within Kyiv and other cities of Ukraine, delivery is carried out by the transport company "Nova Poshta," with the Buyer fully and unconditionally agreeing to the Rules for the transportation of goods by the specified Transport Company.

4.3. When delivering Goods to another country, international delivery is carried out by the company "Ukrposhta," with the Buyer fully and unconditionally agreeing to the Rules for the transportation of goods by the specified Transport Company.

4.4. The fact of receiving the Goods and the absence of claims regarding the quality of the Goods delivered by the Transport Companies is confirmed by the Buyer with his/her signature on the waybill, the declaration of the Transport Company, or on the invoice upon receipt of the Goods. On its part, the Seller guarantees the shipment of the Goods to the Transport Company in the quantity specified and paid for by the Buyer, in accordance with the specification of this Goods and in proper (working) condition and quality.

4.5. The risk of accidental loss or accidental damage to the Goods passes to the Buyer at the moment of transfer to him/her and the Buyer/Recipient's signature in the documents confirming its delivery.

4.6. After arriving at the transport company's warehouse, the order is stored for no more than 5 working days. After this period, an additional charge is made for storing the order.

4.7. All questions that arise during the payment and receipt of the Goods, the Buyer can clarify using the contact details in the Contacts section.

4.8. The Seller reserves the right to change the delivery time of the order with subsequent notification of the Buyer.

  1. Rights and Obligations of the Seller

5.1. The Seller is obliged to:

  • fulfill the Buyer's order upon receiving payment from the Buyer;
  • comply with the terms of this public offer;
  • transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the website https://alenatofil.com, the completed Order, and the terms of this Agreement;
  • check the quality and quantity characteristics of the Goods during their packaging in the warehouse;

5.2. The Seller has the right to:

  • unilaterally suspend the provision of services under this public offer in case of the Buyer's violation of the terms of this Agreement.

5.3. The Seller:

  • A business entity from among those offering Goods for purchase on the website https://alenatofil.com under the agreed rules outlined in this public offer agreement.
  1. Rights and Obligations of the Buyer

6.1. The Buyer is obliged to:

  • timely pay for and receive the order under this public offer;
  • familiarize himself/herself with the information about the Goods posted on the website https://alenatofil.com;
  • upon receipt of the Goods from the person who delivered them, ensure the integrity and completeness of the Goods by inspecting the package contents. In case of detection of damage or incomplete package of the Goods, record them in an act, which together with the Buyer must be signed by the person who delivered them to the Buyer.

6.2. The Buyer has the right to:

  • place an order on the relevant page of the website https://alenatofil.com;
  • require the Seller to comply with the terms of the public offer;
  1. Order Placement, Pricing, Exchange

7.1. Orders are accepted via the website https://alenatofil.com.

7.2. The Visitor (Buyer) can place an order independently by freely selecting the desired product and moving it to the "Cart" by clicking the "Order" and "Place Order" buttons. In case of incorrect operation of the Site, or inability to place an order due to apparent technical problems on the Site, the order may be accepted manually, processed, and placed through Viber, WhatsApp, Instagram, SMS, Telegram according to the queue of order receipt. Orders accepted for manual processing are not subject to promotional delivery conditions, and manual orders are processed in time according to the load of the operator who accepts the order. A manually accepted order must contain information about the Buyer:

  • Full name;
  • Phone number;
  • City;
  • Nova Poshta warehouse number;

the order itself with the name of the Goods as indicated on the Site, the desired number of items for each product name. The Administration is not responsible for incorrectly specified data for orders accepted manually by the operator.

7.3. After placing the order, the buyer will receive a message (email and/or mobile phone and/or Viber and/or WhatsApp and/or Instagram) confirming the order to the contacts specified during order placement and the availability of the goods or the expected date of arrival of the goods if they are out of stock.

7.4. The order formation period is up to 3 working days from the moment it is placed. If the order is placed on a weekend or holiday, the formation period starts from the first working day after the weekend. In case of force majeure circumstances in paragraph 9, the formation period is extended for the time necessary for the safe fulfillment of the Seller's obligations, and the Buyer will be informed in advance of the change in the formation period.

7.5. If the goods specified on the Site are unavailable, or due to technical issues, or for other reasons beyond the Administration's control, the specified order is canceled in whole or part, and the Visitor (Buyer) is informed by sending a message. In case of cancellation of a prepaid Order, the cost of the Goods is returned by the Seller to the Buyer on the payment card.

7.6. If the ordered goods are unavailable, the Buyer has the right to suggest replacing them with another Product or canceling the Order.

7.7. The Buyer has the right to cancel the Order in a convenient way: by phone indicated in the Contacts and/or Viber.

7.8. By joining this Agreement and placing an order, the User (Buyer) confirms that he/she is familiar with the sections of the Site "Delivery and Payment," "About the Store," agrees with them, and fully understands them. The Administration reserves the right to change the delivery time of the order with appropriate notice to the user.

7.9. The Visitor (Buyer) agrees that the price of the product placed in the "cart," its assortment, and quantity will be relevant only at the moment of forming the "cart" and may change if the purchase is not finalized by pressing the "place order" button.

7.10. The Visitor (Buyer) agrees that the Goods purchased by him/her are not subject to exchange or return in the following cases:

7.10.1. More than 14 calendar days have passed since the purchase of the Goods;

7.10.2. Less than 14 calendar days have passed since the purchase of the Goods, but the product was in use, the integrity of the packaging and/or completeness was violated, tags/price tags are missing, etc.

  • The product belongs to the list of goods that are not subject to exchange and return under the Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994 (as amended) http://zakon4.rada.gov.ua/laws/show/172-94-% D0% BF, namely:

Food products, medicines, and hygiene items.

Non-food products:

photographic films, photographic plates, photographic paper

corset products

perfumery and cosmetic products

feather and down products

soft children's toys

rubber inflatable children's toys

toothbrushes

mouthpieces

razors

shaving brushes

combs, hairbrushes, and massage brushes

mutes (for wind musical instruments)

violin chins

gloves

fabrics

tulle and lace fabrics

carpet products by meter

underwear

bed linen

hosiery products

aerosol-packed goods

printed editions

linear and sheet metal products, pipe products,

lumber, profiles (baseboards, trim), plate

materials (fiberboard and chipboard,

plywood) and glass, cut or shaped to size,

specified by the buyer (customer)

audio and videocassettes, laser reading system discs with

recording

products made of natural and artificial hair (wigs)

baby products (diapers, pacifiers, feeding bottles

etc.)

tools for manicure, pedicure (scissors, files, etc.)

jewelry products made of precious metals, precious

stones, precious stones of organic origin and

semi-precious stones

7.10.3. The Visitor (Buyer) refuses to provide photo or video materials of the defective and/or faulty product in his/her opinion.

7.10.4. The Visitor (Buyer) confirms his/her awareness that promo codes or certificates cannot be exchanged for monetary equivalents, can be used only once, and in case of application, the difference between the nominal value of the certificate and the order amount is not compensated.

7.10.5. The Visitor (Buyer) confirms his/her awareness that when returning goods for which payment was partially or fully made using a certificate code, the monetary equivalent of the nominal value of the certificate is not returned, the certificate code is automatically restored and considered unused.

7.11. This Agreement confirms the User's (Buyer's) awareness that only new goods that have not been used and do not have traces of use: scratches, chips, must be exchanged or returned; the complete set of goods, the integrity of all packaging components, labels, factory markings must be preserved, and the Visitor (Buyer) must have the original document confirming the purchase of the relevant Goods. Violation of any of these points leaves the Administration the right to refuse the Visitor (Buyer) to exchange or return the goods.

7.12. By ordering goods on the website, the User (Buyer) confirms his/her agreement to receive information about the production date, storage terms of the product in the format provided by the brand-manufacturer or other manufacturer markings.

7.13. When ordering goods on the website, the User (Buyer) confirms consent to combine orders placed for one recipient in one package and receive them in one parcel. In case of combining orders, the User (Buyer) will be notified by message to the email specified during registration.

7.14. If the Visitor (Buyer) refuses the goods, the Administration returns the amount paid by the Buyer, excluding the Seller's expenses for the delivery of the returned goods from the Buyer.

7.15. The order value may change depending on the price, quantity, or nomenclature of the goods.

7.16. The Buyer makes a 100% prepayment of the Order in any convenient way:

7.16.1 Payment to the PrivatBank, MONO bank card — pay for your order to the Seller's account specified in the invoice:

  • at the cashier of any branch of PrivatBank, MONO bank
  • in the Privat24 system, MONO bank
  • terminal of PrivatBank, MONO bank

7.16.2 Payment by VISA / MASTERCARD — pay for the order immediately when placing in the online mode, using any VISA or MASTERCARD plastic card.

Note!

When the Buyer pays for the order with a payment card, the card issuing bank may charge an additional fee. This also applies to orders from foreign countries by Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card issuers. By clicking the "Place Order" button on the website https://alenatofil.com in the corresponding section, the Seller informs the Buyer about the possibility of additional fees when the Buyer pays for European orders by the card issuer Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.

  1. Limitation of Administration's Liability

8.1. The Administration is not responsible for any errors, typographical errors, or inaccuracies that may be found in the materials contained on this website. The Administration makes every effort to ensure the accuracy and reliability of the information on the online store website. All information and materials are provided "as is," without any warranties, either express or implied.

8.2. The Administration is not responsible for the statements and opinions of the website's Visitors (Buyers), left in the form of comments or reviews.

8.3. The Administration is not responsible for any possible illegal actions of the Visitor (Buyer) against third parties or third parties against the Visitor/Buyer.

8.4. The Administration is not responsible for any damage, losses, or expenses (real or potential) arising in connection with this website, its use, or inability to use it.

8.5. The Administration is not responsible for the loss of the User's (Buyer's) ability to access his/her account — the account on the website https://alenatofil.com (loss of login, password, other information).

8.6. To achieve the above, the Administration reserves the right to delete information posted on the Site and take technical and legal measures to prevent access to the online store by users (Buyers) who create problems for the use of the online store by other Visitors (Buyers), Users (Buyers) in case of any unfair abuse on their part when ordering goods, which do not aim to purchase it, or Visitors (Buyers) who violate the Agreement's requirements. Such blocking occurs at the discretion of the administration without subsequent notification of such Users (Buyers).

8.7. The website administration is not responsible for:

8.7.1. Delays or failures in the process of performing the operation, resulting from force majeure, as well as any case of malfunction in telecommunications, computer, electrical, and other adjacent systems.

8.7.2. Actions of money transfer systems, banks, payment systems, and delays related to their work.

8.7.3. Proper functioning of the Site if the Visitor (Buyer) does not have the necessary technical means for its use, and does not bear any obligations regarding the provision of such means to users.

  1. Force Majeure Circumstances

9.1. The Parties are not responsible for the non-fulfillment of any of their obligations, except for payment obligations, if they prove that such non-fulfillment was caused by force majeure circumstances, i.e., events or circumstances beyond the control of such Party that occurred after the conclusion of this Agreement, of an unforeseen and unavoidable nature. Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (declared or undeclared), riots, destruction of goods, delays by carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, catastrophes, restrictions imposed by government agencies (including distribution, priorities, official requirements, quotas, and price control), if these circumstances directly affected the performance of this Agreement.

9.2. The Party for whom it became impossible to fulfill the obligations under this Agreement due to force majeure circumstances must immediately inform the other Party in writing of the occurrence of the above circumstances and within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a certificate, certificate, or other relevant document issued by an authorized state body located at the place of occurrence of force majeure circumstances.

9.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which fulfillment was postponed due to the circumstances listed.

9.4. If due to force majeure, the non-fulfillment of obligations under this Agreement lasts more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing. Despite the onset of force majeure, before terminating this Agreement due to force majeure circumstances, the Parties shall make final settlements.

  1. Intellectual Property Rights

10.1. All objects accessible through the services of the Site https://alenatofil.com, in particular, design elements, text, graphics, illustrations, videos, software, databases, music, sounds, and other objects (hereinafter referred to as service content), as well as any content posted on the website https://alenatofil.com, are objects of exclusive rights of the Administration, users, and other rights holders.

10.2. The use of content, as well as any other elements of the services, is possible only within the functionality offered by a particular service. No elements of the content of the services of the Site https://alenatofil.com, as well as any content posted on the services of the Site https://alenatofil.com, may be used in any other way without the prior permission/consent of the rights holder. By "use" we mean reproduction, copying, processing, distribution on any basis, display in a draw, etc. Exceptions are cases directly provided by Ukrainian law. The use of the User's service content elements, as well as any content for personal non-commercial use, is permitted provided that all copyright protection marks, related rights, trademarks, other notices of authorship, preservation of the name (or pseudonym) of the author/rights holder in an unchanged form, preservation of the corresponding object in an unchanged form. Exceptions are cases directly provided by Ukrainian law.

10.3. For all questions regarding rights, as well as other questions and suggestions, you can contact us at: welcome@alenatofil.com.

Sincerely grateful for your choice, with respect, Alena Tofil ;)

SUPPORT:

tel.+380638241284 (Viber, WhatsApp)

e-mail welcome@alenatofil.com