BASIC CONCEPTS
Site Visitor is a person who visited the site http://vivonsofficiel.com/ without the purpose of placing the Order.
User is an individual, a visitor of the Site, who accepts the terms of the agreement and who wants to place an Order on the website http://vivonsofficiel.com/.
Buyer is a user who has placed an Order on the website http://vivonsofficiel.com/ in order to purchase goods for personal use.
Vivons is a trademark owned by a natural person-entrepreneur Shuba Alyona Viktorivna.
Seller is a natural person-entrepreneur Shuba Alyona Viktorivna or another legal entity or natural person-entrepreneur, whose goods are placed in the online store.
Online Store is an Internet site located on the Internet at http://vivonsofficiel.com/, which presents the Goods offered by the Seller for purchase, as well as the terms of payment and delivery of Goods to Buyers.
Website http://vivonsofficiel.com/.
Goods are shoes, clothes, accessories and other goods presented for sale on the Seller’s Site.
Order is a duly executed request of the Buyer for the purchase and delivery to the address specified by the Buyer of the Goods selected on the Site.
GENERAL TERMS
The Seller sells the Goods through the Online Store at http://vivonsofficiel.com/.
By ordering the Goods through the Online Store, the User agrees to the terms of sale of the Goods set out below (hereinafter – the Terms of Sale of Goods) and the Terms of Sale of Goods posted on the Site. In case of disagreement, the User is obliged to immediately stop using the service and leave the site http://vivonsofficiel.com/.
These Terms of sale of goods, as well as information about the goods presented on the Site, are a public offer in accordance with Art. 633 of the Civil Code of Ukraine.
These conditions may be changed by the Seller unilaterally without notice to the User / Buyer. The new version of the Terms shall enter into force upon its publication on the Site, unless otherwise provided.
The User Agreement (hereinafter – the Agreement) comes into force from the moment of sending to the Buyer by the Seller electronic confirmation of acceptance of the Order at registration by the Buyer of the Order without authorization on the Site, and also from the moment of acceptance of the Order by phone, e-mail or other way.
The contract of retail sale of the Goods is considered concluded from the moment of delivery by the Seller to the Buyer of the cash or commodity check or other document confirming payment for the goods.
By informing the Seller of his e-mail and telephone number, the Site Visitor / User / Buyer agrees for the use of these means of communication by the Seller, as well as third parties involved by him for the purposes of fulfilling obligations to Site Visitors / Users / Buyers, for the purpose of mailing of advertising and informational nature, containing information about discounts, future and current promotions and other activities of the Seller, the transfer of the order for delivery, as well as other information directly related to the Buyer’s obligations under the Public Offer. By placing the Order, the User / Buyer agrees that the Seller may entrust the execution of the Agreement to a third party, while remaining responsible for its execution.
All rights and obligations under the Agreement concluded with the User arise directly from the Seller.
SUBJECT OF THE PLEASURE
The subject of the Agreement is to enable the User to purchase for personal, family, household and other needs not related to business activities the Goods presented in the catalog of the Online Store at http://vivonsofficiel.com/.
This Agreement applies to all types of Goods and services presented on the Site, as long as such offers with a description are present in the catalog of the Online Store.
REGISTRATION ON THE SITE
Registration on the Site is carried out by using the pop-up window “Register”.
Registration on the Site is not required for ordering.
The Seller is not responsible for the accuracy and correctness of the information provided by the User during registration.
The User is obliged not to disclose to the third parties the login and password specified by the User during registration. In case the User suspects the security of his login and password or the possibility of their unauthorized use by third parties, the User undertakes to immediately notify the Seller by sending an email to the Seller.
Communication of the User / Buyer with operators / managers and other representatives of the Seller should be based on the principles of common morality and communication etiquette. It is strictly forbidden to use obscene words, swear words, abusive expressions, as well as threats and blackmail, regardless of in what form and to whom they were addressed.
GOODS AND PROCEDURE FOR MAKING A PURCHASE
The Seller ensures the availability in its store of the Goods presented on the Site. The photos accompanying goods are simple illustrations of it and may differ from the actual appearance of the goods. Accompanying Product description / characteristics do not claim to be exhaustive and may contain typographical errors. To clarify the information on the Goods, the Buyer must contact the Seller.
In case of absence of the Goods ordered by the Buyer in the Seller’s store, the latter must notify the Buyer (by sending the appropriate e-mail to the address specified by the Buyer during registration (or call the operator)) and may create the ordered Goods within 7-14 days from the Order.
The Buyer is fully responsible for providing false information, which has led to the inability of the Seller to properly fulfill its obligations to the Buyer.
In case of cancellation of a fully prepaid Order, the value of the canceled Goods shall be returned by the Seller to the Buyer in the manner in which the Goods were paid for.
The Buyer’s order is placed in accordance with the procedures specified on the Site.
After placing an Order on the Site, the Buyer is provided with information about the expected delivery date. The manager who serves this Order clarifies the details of the Order, agrees on the delivery date, which depends on the availability of the ordered Goods in the Seller’s store and the time required for processing and delivery of the Order. The date of transfer of the Goods may be changed by the Seller unilaterally in the presence of objective, in the opinion of the Seller, reasons.
ORDER DELIVERY
The goods are delivered by the postal operator in the form of a postal item. Methods of delivery of Goods are listed on the Site in the section “Delivery and payment”.
Delivery delays are possible due to unforeseen circumstances that occurred through no fault of the Seller.
Upon delivery, the Order is handed over to the Buyer or a third party specified in the order as the recipient (hereinafter the Buyer and the third party are called the “Recipient”).
The risk of accidental death or accidental damage to the Goods passes to the Buyer from the moment the Order is handed over to him and the Recipient of the Order signs in the documents confirming the delivery of the Order.
In order to avoid cases of fraud, as well as to fulfill the obligations specified in this Agreement, when delivering a prepaid Order, the person delivering the Order has the right to request an identity document of the Recipient, as well as the type and number provided by the Recipient document on the receipt to the Order. The Seller guarantees the confidentiality and protection of the Recipient’s personal data.
The cost of delivery of each Order is calculated individually, based on the weight of the Goods, the region and method of delivery, as well as (if necessary) the form of payment.
The Seller’s obligation to deliver the goods to the Buyer is considered fulfilled at the time of receipt by the Buyer of the shipment, as this moment is determined in accordance with the applicable rules of postal service.
The order of delivery and opening of Shipments containing the goods is determined by the current rules of postal service.
Upon acceptance of the Order from the courier, the Recipient is obliged to inspect the delivered Goods and check it for compliance with the declared quality, range and completeness of the Goods, as well as to check the service life of the delivered Goods and the integrity of packaging. In the absence of claims to the delivered Goods, the Recipient pays the Order. The signature in the delivery documents indicates that no claims have been made against the Goods and the Seller has fully and properly fulfilled its obligation to transfer the Goods.
The User understands and agrees that the delivery is a separate service that is not an integral part of the Goods purchased by the Buyer, the execution of which ends at the time of receipt by the Recipient of the Goods and payment for it. Claims to the quality of the purchased Goods, which arose after receipt and payment of the Goods, are considered in accordance with the Law of Ukraine “On Consumer’s Rights Protection” and warranty obligations of the Seller. In this regard, the purchase of the Goods with delivery does not give the Buyer the right to demand delivery of the purchased Goods for warranty service or replacement, does not allow warranty service or replacement of the Goods on departure to the Buyer and does not imply the possibility of returning the cost of delivery in cases, when the Buyer has the right to a refund for the Goods in accordance with the Law of Ukraine “On Consumer’s Rights Protection”.
PAYMENT OF GOODS
The price of the goods is indicated in hryvnias and includes value added tax if the relevant Seller applies the general system of taxation. The cost of the order consists of the value of the ordered goods.
The price of the goods is indicated on the website. In case of incorrect price of the goods ordered by the Buyer, the Seller informs the Buyer about it for repeated confirmation of the Order with the correct price or its cancellation. If it is impossible to contact the Buyer, this Order is considered canceled.
The price of the Goods on the Site may be changed by the Seller unilaterally. Thus the price for the Goods ordered by the Buyer is not subject to change.
Payment for the Goods is made by the Buyer in accordance with the section on the Site “Delivery and payment”.
The Seller has the right to provide discounts on Goods and set a bonus program. Types of discounts, bonuses, the order and conditions of accrual are determined by the Seller independently, are specified on the Site and can be changed by the Seller unilaterally.
The Seller has the right to unilaterally determine the payment methods available to a particular Buyer, cancel orders made by the Buyer if the Buyer has committed or was suspected by the Seller of committing illegal acts aimed at causing damage (theft, robbery, robbery, fraud, fraud, property, etc.).
RETURN OF GOODS AND CASH
Return of Goods is carried out in accordance with the section of the Site “Return”, specified on the Site.
The Buyer has the right to refuse the received Goods and terminate the Purchase Agreement within 14 calendar days from the date of receipt of the Goods, excluding the day of purchase, except for Goods that are not subject to exchange and return it in accordance with this Agreement and applicable law.
Returned goods with all seals, labels, branded package and box must be delivered by the Buyer to any VIVONS store or sent by courier to the Seller with the following documents: a completed application for return of the goods. Shipping of goods is carried out at the expense of the Buyer. The Goods can also be returned by courier upon receipt of a new order. A sticker with the date, the Buyer’s signature and the decryption of the signature must be placed on the box.
Return of Goods of proper quality:
Return of the Goods of proper quality is possible if the goods have not been used, their appearance, consumer properties, seals, labels are preserved, as well a settlement document issued to the Buyer together with the sold goods.
If the Buyer refuses the Goods, the Seller shall return the value of the returned Goods within 30 days from the date of receipt of the returned Goods at the Seller’s store together with the return application filled in by the Buyer. Return of the value of the Goods is made exclusively to the person specified in the order for the Goods. If the Buyer has specified incorrect data in the order, the Seller reserves the right to refuse such Buyer a refund.
The Goods that are not subject to return: corsetry, hosiery, gloves, mittens, underwear, perfumes and cosmetics, jewelry, etc. (According to Annex № 3 to the Resolution of the Cabinet of Ministers of Ukraine of March 19, 1994 No. 172).
Return of Goods of improper quality:
A product of improper quality means a product that cannot ensure the performance of its functional qualities. The received Goods must correspond to the description on the Site. The difference of design or design elements from those stated in the description on the Site is not a sign of improper quality of the Goods and / or the impossibility of using it for its intended purpose.
The appearance and completeness of the Goods, as well as the completeness of the entire Order must be checked by the Recipient at the time of delivery of the Goods.
After receiving the Order, claims to external defects of the goods, its quantity, completeness and appearance are not accepted.
If the Goods of improper quality were transferred to the Buyer and the other was not agreed in advance by the Seller, the Buyer has the right to use the provisions of Art. 8 “Consumer’s rights in case of purchase of goods of improper quality” of the Law of Ukraine “On Consumer’s Rights Protection”.
Claims for a refund of the money paid for the goods are subject to satisfaction within 30 days from the date of presentation of the relevant claim (paragraph 4 of Article 12 of the Law of Ukraine “On Consumer’s Rights Protection”).
Refunds are made according to the “Refunds” section of the Site. The method must be specified in the appropriate field of the application for the return of the Goods.
The buyer has the right to exchange the goods purchased on the Site.
Goods of proper quality ordered on the Site, which did not suit the Buyer for any reason (style, size, color), are subject to exchange within 14 days, excluding the day of purchase, if the product was not used, its appearance, consumer properties, seals, labels are preserved, as well as the settlement document issued to the Buyer together with the sold goods.
The warranty period of Goods sold on the Site is 30 days from the date of receipt of the goods, unless otherwise specified by the manufacturer in the accompanying documents to the goods.
The Seller is not responsible for the defects of the Goods, if they arose after its transfer to the Buyer as a result of violation by the Buyer of the rules of use or storage of the Goods, actions of third parties, or force majeure.
RESPONSIBILITY
The Seller is not liable for any damage caused to the Buyer as a result of improper use of the Goods purchased in the Online Store.
The seller is not responsible for the content and operation of external sites.
CONFIDENTIALITY AND INFORMATION PROTECTION
The User / Buyer’s personal data is processed in accordance with the Privacy Policy posted on the website.
Personal data is stored solely for the purpose of complying with the requirements applicable to the regulation of tax relations, relations in the field of accounting and relations in the field of advertising. The term of storage and processing of personal data is 5 years.
By providing his personal data, the User agrees to their processing by the Seller, including for the purpose of promotion of goods and services by the Seller.
The Seller uses the personal data of the User / Buyer:
– to fulfill its obligations to the User / Buyer;
– to register the User on the Site, manage accounts;
– to evaluate and analyze the work of the Site;
– for the specific purposes for which the personal data was provided, in particular, but not exclusively, the processing of any complaints, statements, notifications, the processing of wish lists, the tracking of any question or request;
– for CRM purposes – in order to offer Users / Buyers promotions, discounts and other specialized services, as well as send newsletters, other marketing and commercial notices about the Goods, conduct surveys and research.
The Seller has the right to send information, including advertising messages, to the e-mail and mobile phone of the User / Buyer with his consent. The User / Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal. Service messages informing the User / Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the User / Buyer.
The Seller has the right to use the technology “Cookies”. Cookies do not contain confidential information and are not passed on to third parties.
The Seller receives information about the IP address of the visitor to the Site http://vivonsofficiel.com/. This information is not used to identify the visitor.
The Seller is not responsible for the information provided by the User / Buyer on the Site in a publicly available form.
The Seller has the right to record telephone conversations with the User / Buyer. In this case, the Seller undertakes: to prevent attempts of unauthorized access to information obtained during telephone conversations, and / or its transfer to third parties who are not directly related to the execution of Orders, in accordance with current legislation of Ukraine.
EXPIRY DATE OF THE PUBLIC OFFER
This Public Offer is effective from the moment of its acceptance by the Site Visitor / Buyer, and is valid until the withdrawal of acceptance of the Public Offer.
ADDITIONAL CONDITIONS
The Seller has the right to assign or in any other way transfer her rights and obligations arising from her relationship with the Buyer to third parties.
The Online Store and services may be temporarily partially or completely unavailable due to maintenance or other work or for any other technical reasons. The Technical Service of the Seller has the right to periodically carry out the necessary preventive or other work with or without prior notice to Buyers.
The provisions of the legislation of Ukraine shall apply to the relations between the User / Buyer and the Seller.
In case of questions and complaints from the User / Buyer, he may contact the Seller by phone or other available means. All disputes will be resolved by the parties through negotiations; in case of failure to reach an agreement the dispute will be referred to a judicial body in accordance with current legislation of Ukraine.
The recognition by a court of the invalidity of any provision of this Agreement shall not entail the invalidity of other provisions.