This purchase and sale agreement (hereinafter referred to as the "Agreement") is a public contract concluded remotely and simultaneously a public offer – a proposal by the seller to conclude a public contract for the sale of goods through remote communication means, namely, through the seller's online store located at the following address: https://www.budekina.com, with any interested person in accordance with the terms specified in this Agreement.

 

1. Terms and Definitions. General Provisions
1.1. The terms and definitions used in this Agreement shall have the following meanings:
Website – the seller's online store website located on the Internet at https://www.budekina.com, including all its web pages.
Seller – Sole Proprietor Karina Pavlivna SHTERMER, acting based on the record of state registration of a sole proprietor in the Unified State Register of Legal Entities, Sole Proprietors, and Public Formations dated March 16, 2021, No. 2002240000000151609. Tax Identification Number (TIN): 3551203449.
Buyer – any capable individual who has reached the age of eighteen, a legal entity, or a sole proprietor who intends to place and/or places an order on the website for purchasing goods.
Goods – the list of goods published on the website that is offered for sale remotely under the terms of this Agreement through the seller's online store using remote communication means.
Public Contract – a contract under which the seller is obliged to sell goods to everyone who applies to them under the terms specified in this Agreement.
Public Offer – a public proposal by the seller aimed at an indefinite circle of persons to conclude an electronic purchase and sale contract for goods remotely using the seller's online store under the conditions determined by the seller.
Acceptance – the buyer's full and unconditional consent to the seller's proposal to conclude a public contract under the terms provided in the public contract by performing an action by the buyer as stipulated in this Agreement that is directed at accepting the terms of the public offer.
Order – a properly filled out and placed request for the purchase of selected goods by the buyer via the website or by sending an email or message through social networks (in particular, Instagram) to the seller.
Deficiency – any non-compliance of the goods with the requirements of regulatory legal acts and documents, the terms of this Agreement, or the requirements presented to them, as well as the information about the goods provided by the manufacturer (seller).
1.2. This Agreement is a public contract under Article 633 of the Civil Code of Ukraine, the conditions of which are established equally for all buyers.
1.3. This Agreement is posted on the website and is a public offer under Article 633 of the Civil Code of Ukraine.
1.4. This Agreement is a contract of adhesion under Article 634 of the Civil Code of Ukraine, meaning that it can be concluded only by the buyer’s accession to the proposed contract as a whole. The buyer cannot propose their terms for the contract.
1.5. The seller reserves the right to limit the number of goods offered for sale through the website. All product descriptions may be changed by the seller at any time without notice and at their discretion. The seller reserves the right to discontinue the production of any goods at any time.
1.6. The images of goods posted on the website may differ from the actual appearance of the goods. The seller cannot guarantee the accuracy of color and texture display on every technical device's screen. The seller does not guarantee that the quality of the purchased goods meets your expectations. The description and characteristics of the goods indicated on the website do not contain exhaustive information about the goods and may contain typographical errors. The buyer may obtain complete information about the goods they are interested in by contacting the seller. The contact information for the seller is posted on the website.
1.7. The price of goods and the cost of delivery are indicated on the website in the relevant sections and are additionally displayed when placing an order and in an electronic message confirming the order.
1.8. By concluding the Agreement, the buyer confirms that they are fully familiar with and agree with its terms. Furthermore, by concluding this Agreement, the buyer confirms that they are aware of (without additional notification) the rights established by the Law of Ukraine "On Personal Data Protection" and the purposes of data collection. The buyer's scope of rights as a subject of personal data under the Law of Ukraine "On Personal Data Protection" is known and understood to them.
1.9. This Agreement is considered concluded from the moment the buyer places an order in accordance with Section 4 of this Agreement.

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2. Subject of the Agreement
2.1. Under the terms and in the manner specified in this Agreement, the seller undertakes to transfer the goods into the buyer's ownership based on the order placed by the buyer on the website, and the buyer undertakes to pay for and accept the goods under the terms of this Agreement.
2.2. The right of ownership to the goods is transferred to the buyer at the moment of acceptance of the goods by the buyer under the terms established by this Agreement.
2.3. The seller guarantees that the goods are not pledged, not subject to dispute, not under arrest, and there are no rights of third parties to them.
2.4. The seller has the right to suspend the fulfillment of their obligations under this Agreement unilaterally in the event of a breach of the terms of this Agreement by the buyer.

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3. Procedure for Acceptance of the Offer to Conclude the Contract
3.1. The buyer accepts the proposal to conclude this Agreement by placing an order for goods in the online store under the terms specified in this Agreement.

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4. Order Placement Procedure
4.1. The buyer independently selects the goods on the website and adds the selected goods to the virtual "cart" by clicking the "add to cart" button or pressing the "buy" button.
4.2. After clicking the "proceed to payment" button, the buyer fills out the order form, indicating their name, surname, email, phone number, delivery method, delivery address, payment method, and other data required for the seller to fulfill their obligations under the Agreement.
4.3. By clicking the "place an order" button, the buyer agrees to all the terms of this Agreement and confirms that they have received exhaustive information about the goods, their main characteristics, price, cost, and delivery conditions.
4.4. The buyer has the right to place an order by sending an email to the email address posted on the website or through the seller's social networks, in particular through Instagram.
4.5. The order is considered placed after the actions stipulated in clauses 4.1. and 4.2. of this Agreement and by clicking the "place an order" button or by performing the action provided in clause 4.4 of this Agreement.

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5. Order Processing and Confirmation
5.1. The seller's order confirmation period is up to 3 (three) business days from the moment of its placement. If the seller needs additional time to confirm the order, this period is agreed upon with the buyer additionally. If the order is placed on a weekend or a holiday, the confirmation period begins on the first business day after the weekend/holiday.
5.2. The seller confirms the order by sending an email to the address provided by the buyer when placing the order, containing the main characteristics of the goods, the order number assigned by the seller, the price of the goods, their quantity, the cost of delivery, and information on the delivery period of the goods ordered by the buyer (if the buyer has ordered goods with delivery).
5.3. If it is impossible to fulfill the confirmed order due to the absence of the ordered goods, the seller shall immediately notify the buyer, but no later than 10 (ten) days from the moment of placing the order.

5.4. In case of partial availability of the goods in the order, the seller notifies the buyer of this fact. The buyer has the right to agree to receive only the goods available or to cancel the entire order. If the buyer agrees to receive only the available goods, the payment for the missing goods is returned by the seller to the buyer within 7 (seven) business days.

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6. Price of Goods and Payment Procedure

6.1. The price of the goods is indicated on the website for each item separately and includes taxes.

6.2. All prices for the goods are indicated in the national currency of Ukraine – hryvnia (UAH). Prices for goods may also be indicated in US dollars or another foreign currency for informational purposes only, but all payments for the goods are made in hryvnia. In the case of payment from the buyer's account, which is opened in a foreign currency, depending on the exchange rate fluctuations set by the National Bank of Ukraine, the amount of money actually debited from such an account may differ from the price of the goods indicated on the website. All expenses related to commissions and other charges imposed by the bank for currency conversion are borne by the buyer.

6.3. Payment for the goods is made on the terms of a 100% (one hundred percent) prepayment in a non-cash manner using bank cards according to the rules of the corresponding payment system immediately after the buyer selects the goods.

6.4. The choice of the payment system is determined by the buyer independently and indicated when placing the order for the goods. When paying for the order, the buyer may be charged an additional fee by the issuer of the payment card, including but not limited to issuers of Visa, Mastercard, etc.

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7. Terms, Cost, and Conditions of Delivery of the Order

7.1. The delivery of goods is carried out within the territory of Ukraine or beyond by third parties (delivery services, logistics companies, etc., at the seller's discretion).

7.2. If the goods selected by the buyer are in stock at the seller's warehouse, the order processing and preparation time for dispatch by the seller is up to 3 (three) business days from the moment of its placement. If the order is placed on a weekend or holiday, the preparation period begins on the first business day after the weekend.

7.3. Regardless of the chosen delivery method, the seller's obligation to deliver the goods is considered fulfilled in full from the moment the goods are handed over to the respective transport company or delivery service.

7.4. Delivery is carried out according to the terms and conditions of the respective delivery service, logistics company, etc.

7.5. The buyer fully and unconditionally agrees with the rules of cargo transportation by delivery services.

7.6. The goods are handed over to the buyer upon presentation of a document proving the identity of the person receiving the goods.

7.7. The cost of delivery of the goods to the buyer within Ukraine is calculated according to the carrier's tariffs.

7.8. The costs for returning the goods to the seller, including for their exchange, are paid by the buyer according to the tariffs of the delivery service chosen by the buyer.

7.9. The cost of delivery outside Ukraine is determined automatically when placing the order after specifying the delivery method and destination and is additionally indicated in the electronic order confirmation message.

7.10. When delivering goods outside Ukraine, the buyer pays for the delivery immediately when placing the order and also pays customs duties, in the amount and in the manner prescribed by the law of the country to which the delivery is made, directly to the courier of the postal service upon receipt of the order or in another convenient way for the buyer.

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8. Procedure for Accepting Goods

8.1. The acceptance of goods is carried out by the buyer at the time of delivery.

8.2. Upon receipt of the goods, the buyer is obliged to check the external integrity of the packaging and then open it and directly ensure the proper external condition of the goods (absence of mechanical damages) and their completeness.

8.3. In the absence of claims regarding the quality and completeness of the goods, the buyer is obliged to accept the goods. The fact of receiving the goods and the absence of claims regarding the quality and completeness of the goods delivered by the transport company is confirmed by the buyer's own signature on the waybill, the transport declaration, or the consignment note upon receipt of the goods.

If there are any discrepancies between the goods and the terms of sale (the data indicated in the payment document), incomplete or low-quality goods, the consumer may refuse to accept such goods. This refusal is formalized by an act stating the reasons for the refusal.

8.4. The seller provides the buyer with a document confirming the fact of purchase, either in paper or electronic form.

8.5. The care instructions for the goods are provided on the label (tag) or on the product page on the website.

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9. Return and Exchange of Goods. Termination of the Agreement

9.2. According to the Law of Ukraine and the Resolution of the Cabinet of Ministers of Ukraine No. 172, underwear - including lower underwear (pants, panties, shorts), tops and bras, nightgowns, pajamas, tank tops, T-shirts, bodysuits, thermal underwear; corset underwear; swimwear, and hosiery products are not subject to return or exchange.

9.3. The return of the above-mentioned goods is possible only due to non-conformity of the goods with the order, poor quality, or incomplete set. Such goods may be returned within 7 calendar days from the moment of receipt.

9.3.1. In this case, the goods may be returned if they: have not been used, retain their commercial appearance, consumer properties, seals, tags, and also the payment document issued to the Buyer together with the sold goods.

9.4. In case of return of the goods already paid by the Buyer in a non-cash way, the amount paid by them shall be returned by the Seller within 7 (seven) days from the date of return of the goods.

9.5. Termination of the Agreement is carried out in accordance with the requirements of the Civil Code of Ukraine.

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10. Warranty Obligations

10.1. The seller guarantees that the goods comply with the state standards and/or technical conditions of Ukraine that establish requirements for such types of goods.

10.2. The seller is responsible for the defects in the goods if the buyer proves that they arose before the transfer of the goods or for reasons that existed before this moment.

10.3. The seller is not responsible for the defects in the goods if they occurred after their transfer to the buyer due to the buyer's violation of the rules for using (instructions for caring for the goods) or storing the goods, actions of third parties, or force majeure.

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11. Procedure for Filing Claims Regarding Goods

11.1. In case of any claims regarding the purchased goods, the buyer has the right to contact the seller by sending an email to the email address posted on the website.

11.2. The term for consideration of claims is up to 10 (ten) business days from the date of receipt of the claim.

11.3. Defects and significant defects must be recorded by means of photo and/or video recording. In case of claims regarding significant defects in the goods that arose due to the fault of the manufacturer (seller) or product falsification, the buyer is obliged to provide an expert opinion.

11.4. After the goods are received by the buyer, claims regarding the appearance of the goods and their completeness are not accepted.

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12. Validity Period of the Public Offer

12.1. The withdrawal of this public offer may be made by the seller at any time, which does not constitute grounds for terminating contracts already concluded.

12.2. The seller has the right to unilaterally make changes to this Agreement, with simultaneous posting on the website. Changes made to this Agreement do not apply to contracts concluded before such changes are posted on the website.

12.3. The buyer agrees that any changes to this Agreement will take effect from the moment they are posted on the website, unless another effective date is specified in the text of the changes. By continuing to use the website or placing an order after such changes, the buyer agrees to the updated terms of this Agreement.

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13. Liability of the Parties

13.1. The parties are responsible for failure to fulfill or improper fulfillment of the terms of this Agreement in the manner provided by this Agreement and the current legislation of Ukraine.

13.2. In the event of force majeure, the parties are released from fulfilling the terms of this Agreement. Force majeure circumstances are understood to mean events of an extraordinary, unavoidable, and unforeseeable nature, which exclude or objectively hinder the fulfillment of this Agreement, the occurrence of which the parties could not foresee and prevent with reasonable measures.

13.3. The party referring to the occurrence of force majeure circumstances must notify the other party of the occurrence of such circumstances in a timely manner.

13.4. To regulate contractual relations under this Agreement, the parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, to which the Verkhovna Rada of Ukraine has given consent to be bound, establishes rules other than those established by Ukrainian legislation, the rules of the international treaty shall apply.

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14. Force Majeure

14.1. The parties are not liable for non-performance of any of their obligations, except for payment obligations, if they prove that such non-performance was caused by force majeure circumstances, that is, events or circumstances that are truly beyond the control of such a party, occurred after the conclusion of this Agreement, are of an unforeseen and unavoidable nature.

Force majeure circumstances include, but are not limited to, natural disasters, strikes, fires, floods, explosions, ice, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, disasters, restrictions imposed by government agencies (including distribution, priorities, official requirements, quotas, and price controls), if these circumstances directly affect the fulfillment of this Agreement.

14.2. The party for which it has become impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other party in writing about the occurrence of the above circumstances, as well as provide the other party with confirmation of force majeure circumstances within 30 (thirty) calendar days. Such confirmation shall be a certificate, certificate, or other relevant document issued by the authorized state body located at the place of occurrence of force majeure circumstances.

14.3. The time required for the parties to fulfill their obligations under this Agreement will be extended by any period during which fulfillment was delayed due to the above circumstances.

14.4. If, due to force majeure, the non-fulfillment of obligations under this Agreement lasts more than three months, each party has the right to terminate this Agreement unilaterally, notifying the other party in writing. Despite the occurrence of force majeure, before the termination of this Agreement due to force majeure circumstances, the parties shall make final mutual settlements.

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15. Other Conditions of the Agreement

15.1. The information provided by the buyer is confidential. The information about the buyer is used exclusively for the purpose of fulfilling their order (sending notifications to the seller about the order of goods, sending promotional messages, etc.).

15.2. By accepting the Agreement, the buyer voluntarily consents to the collection and processing of their personal data for the following purposes: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, obtaining information about orders, sending by telecommunications means of communication (e-mail, mobile communication) promotional and special offers, information about promotions, drawings, or any other information about the activities of the website. The permission to process personal data is valid for the entire duration of the Agreement.

For the purposes specified in this clause, letters, messages, and materials may be sent to the buyer's email.

15.3. The buyer grants the right to process their personal data, including: placing personal data in databases (without additional notification), lifelong storage of data, their accumulation, updating, modification (if necessary).

15.4. If the buyer does not wish to receive mailings, they have the right to contact the seller by sending a refusal message to receive promotional materials to the postal or email address.

15.5. The seller is not responsible for the content and accuracy of the information provided by the buyer when placing an order. The buyer is responsible for the accuracy of the information provided when placing the order.

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16. Details of the Seller

Individual Entrepreneur Karina Shtermer
Bank institution: PrivatBank

Bank Code (MFO): 305299

Payment Receiver: Karina Shtermer

IBAN: UA053052990000026009050546411

Currency: UAH
Tax Identification Number (TIN): 3551203449