PUBLIC OFFER AGREEMENT
of the ALEXANDRA TOKAREVA brand
for ordering, purchase, sale, and delivery of goods
This Agreement is the official and public offer of the Seller to conclude a contract for the sale of Goods presented on the website https://alexandratokareva.com/.
This Agreement is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, or individual entrepreneur) and without granting preference to one buyer over another.
By concluding this Agreement, the Buyer fully accepts the terms and procedures for placing an order, paying for the goods, delivering the goods, returning the goods, liability for dishonest orders, and all other terms of the Agreement.
The Agreement is deemed concluded from the moment the Buyer clicks the “Confirm Order” button on the order placement page in the “Cart” section and receives an electronic confirmation of the order from the Seller.
1. Definitions
1.1. Public Offer (hereinafter referred to as the “Offer”) – a public proposal by the Seller, addressed to an indefinite number of persons, to conclude a distance sales contract (hereinafter referred to as the “Agreement”) under the terms set out in this Offer.
1.2. Product or Service – the subject of the parties’ agreement, selected by the Buyer on the website of the Online Store and placed in the cart, or already purchased by the Buyer from the Seller by distance means.
1.2. Online Store – the Seller’s website at www.alexandratokareva.com, created for concluding retail and wholesale purchase agreements based on the Buyer’s review of the product descriptions offered by the Seller via the Internet.
1.3. Buyer – a legally capable individual who has reached the age of 18, receives information from the Seller, and places an order for the purchase of goods presented on the Online Store website for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.
1.4. Seller – sole proprietor (FOP) Tokareva Oleksandra Vasylivna, identification code 3052926647, a legal entity established and operating under the laws of Ukraine, located at: Ukraine, Kyiv, Kashtanova St., Building 15-A.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of conclusion of this Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be considered the date on which the Buyer completes the order form on the Online Store website, provided the Buyer receives electronic confirmation of the order from the Seller.
3. Order Placement
3.1. The Buyer independently places an order in the Online Store through the “Cart” form, or by placing an order via email or by phone number indicated in the “Contacts” section of the Online Store.
3.2. The Seller has the right to refuse to process the order if the information provided by the Buyer during the ordering process is incomplete or raises doubts about its validity.
3.3. When placing an order on the Online Store website, the Buyer is obliged to provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. the Buyer’s surname and first name;
3.3.2. the delivery address (if delivery to the Buyer’s address), or the contact address and branch number of the courier service “Nova Poshta”;
3.3.3. contact phone number;
3.3.4. email address.
3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the Online Store website.
3.5. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller shall not be held responsible for the quality of service provided to the Buyer during the purchase of the Goods in the Online Store.
3.6. When placing an order through the Seller’s operator (as per clause 3.1 of this Offer), the Buyer is obliged to provide the information specified in clauses 3.3 – 3.4 of this Offer.
3.6. The Buyer’s acceptance of the terms of this Offer is carried out by entering the relevant data in the registration form on the Online Store website or when placing the Order through the operator. After placing the Order through the Operator, the Buyer’s data is entered into the Seller’s database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.8. By concluding the Agreement, i.e., by accepting the terms of this offer (the proposed terms for purchasing the Goods) through placing an Order, the Buyer confirms the following:
a) the Buyer is fully aware of and agrees with the terms of this offer;
b) the Buyer consents to the collection, processing, and transfer of personal data. This consent remains valid throughout the term of the Agreement and for an indefinite period after its termination. Furthermore, by concluding the Agreement, the Buyer confirms that they have been informed (without additional notice) of their rights under the Law of Ukraine “On the Protection of Personal Data,” the purpose of data collection, and that their personal data is being transferred to the Seller to enable the performance of this Agreement, to conduct mutual settlements, and to receive invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer their personal data to third parties without any additional notice to the Buyer, for the purpose of fulfilling the Buyer’s order. The Buyer is aware of and understands their rights as a data subject under the Law of Ukraine “On the Protection of Personal Data.”
4. Price and Delivery of Goods
4.1. Prices for Goods and services are determined by the Seller independently and indicated on the Online Store website. All prices are listed in Ukrainian hryvnias (UAH) including VAT.
4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of a particular unit of Goods that has already been fully paid for by the Buyer may not be changed by the Seller unilaterally.
4.3. The price of the Goods indicated on the Online Store website does not include the cost of delivery to the Buyer. The Buyer pays the delivery cost directly to the selected delivery service (carrier) according to its applicable rates.
4.4. The price of the Goods indicated on the Online Store website does not include the cost of delivery to the Buyer’s address.
4.5. The Seller may provide an approximate delivery cost to the Buyer’s address upon request, either by email or during order placement through the Online Store operator.
4.6. The Buyer’s obligation to pay for the Goods shall be considered fulfilled when the funds are received in the Seller’s bank account.
4.7. Payments between the Seller and the Buyer for the Goods are carried out in the manner specified on the Online Store website in the “Payment and Delivery” section.
4.8. Upon receiving the Goods, the Buyer must inspect the Goods in the presence of a delivery service representative (carrier) to ensure they correspond to the qualitative and quantitative characteristics (product name, quantity, completeness, shelf life).
4.9. The Buyer or their representative confirms with a signature on the receipt and/or order form and/or delivery invoice that there are no claims regarding the quantity, appearance, or completeness of the Goods.
4.10. Ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or their representative from the moment the Goods are received by the Buyer at the place of delivery in case of self-pickup from the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier) chosen by the Buyer.
4.11. Delivery within the territory of Ukraine is carried out by the Nova Poshta courier service.
4.12. Delivery outside the territory of Ukraine is carried out by Ukrposhta.
Delivery to the countries of Russia and Belarus is not available.
5. Rights and Obligations of the Parties
5.1. The Seller is obliged to:
5.1.1. Deliver the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.
5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except as provided by law or during the fulfillment of the Buyer’s Order.
5.2. The Seller has the right to:
5.2.1. Modify the terms of this Agreement, as well as the prices for Goods and services, unilaterally by posting them on the Online Store website. All changes take effect from the moment they are published.
5.3. The Buyer undertakes to:
5.3.1. Familiarize themselves with the content of the Agreement, its terms, and the prices offered by the Seller on the Online Store website before concluding the Agreement.
5.3.2. Provide all necessary information that clearly identifies them as the Buyer and is sufficient for the delivery of the ordered Goods.
6. Return of Goods
6.1. Return and exchange of Goods of proper quality are possible within 14 calendar days from the date of receipt, provided that:
• there are no signs of use or wear;
• the consumer and merchandise properties are preserved;
• the original and undamaged packaging and label are preserved. The cost of delivery during return/exchange is paid by the Buyer (see clause 6.6).
Goods of improper quality (e.g., after alteration or with damaged labels) ordered on https://alexandratokareva.com/ are not eligible for return or exchange.
6.2. Customized items (including those with personalized embroidery) are not subject to return or exchange.
6.3. If defects are discovered, the Buyer has the right to request free correction of the defects.
6.4. The return of the cost of Goods of proper quality to the Buyer is carried out within 30 (thirty) calendar days from the date the Seller receives the returned Goods, provided that the conditions set out in clause 6.1 of the Agreement and current legislation of Ukraine are met.
6.5. The value of the Goods is refunded via bank transfer to the Buyer’s account.
6.6. The return of Goods of proper quality to the Seller’s address is at the Buyer’s expense and is not reimbursed by the Seller.
6.7. If defects in the Goods are found during the warranty period, the Buyer may personally, in accordance with the procedure and deadlines established by Ukrainian law, present claims to the Seller as stipulated in the Law of Ukraine “On Protection of Consumer Rights.” For claims related to free correction of defects, the time frame starts from the date the Seller receives and gains physical access to the Goods.
6.8. Claims under the Law of Ukraine “On Protection of Consumer Rights” are considered by the Seller upon the Buyer’s provision of documents required by current legislation. The Seller is not responsible for defects that arose after the transfer of the Goods to the Buyer due to misuse or improper storage, third-party actions, or force majeure.
6.9. The Buyer may not refuse Goods of proper quality that have individually defined properties if such Goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, specifications, appearance, configuration, etc., at the Buyer’s request). Confirmation that the Goods have individually defined properties is the difference in size or characteristics as specified in the Online Store.
6.10. Returns, in cases provided by law and this Agreement, are carried out at the address listed in the “Contacts” section of the website.
7. Liability
7.1. The Seller is not liable for damage caused to the Buyer or third parties resulting from improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper or delayed fulfillment of orders or obligations due to the Buyer’s provision of inaccurate or incorrect information.
7.3. Both the Seller and the Buyer are liable for the fulfillment of their obligations in accordance with current Ukrainian legislation and the terms of this Agreement.
8. Confidentiality and Protection of Personal Data
8.1. By providing personal data on the Online Store website during registration or order placement, the Buyer grants the Seller voluntary consent to the processing, use (including transfer), and execution of other actions with personal data as provided by the Law of Ukraine “On Protection of Personal Data,” without limitation of validity.
8.2. The Seller agrees not to disclose information received from the Buyer. Disclosure to contractors or third parties acting under agreement with the Seller is not considered a violation, including when necessary for fulfilling obligations to the Buyer or when such disclosure is required by current Ukrainian legislation.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not liable for inadequate performance or non-performance of its obligations due to outdated or incorrect Buyer information.
9. Miscellaneous
9.1. This Agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If a dispute cannot be resolved through negotiation, the Buyer and/or the Seller may apply to the courts of Ukraine in accordance with current legislation.
9.3. The Seller has the right to amend this Agreement unilaterally as provided in clause 5.2.1 of the Agreement. Additionally, amendments to the Agreement may be made by mutual consent of the Parties in accordance with the current legislation of Ukraine.
SELLER’S ADDRESS AND DETAILS:
РE Tokareva Oleksandra Vasylivna
Ukraine, Kyiv, 02167, Liskivska Street, Building 23, Office 234
Phone: (095) 2141067
Email: info@alexandratokareva.com