for ordering, buying, selling, and delivering goods
This contract is an official and public offer by the Seller to enter into a sales contract for the Goods presented on the website simplemom.com.ua. This contract is public, meaning that according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving any buyer preferential treatment over others. By entering into this Contract, the buyer fully accepts the terms and procedures for ordering, paying for the goods, delivery, return of goods, responsibility for fraudulent orders, and all other terms of the contract. The contract is considered concluded from the moment the "Confirm Order" button is pressed on the order confirmation page in the "Cart" section and the Buyer receives confirmation of the order from the Seller electronically.
Definitions
1.1. Public offer (hereinafter referred to as "Offer") - a public proposal by the Seller addressed to an indefinite number of persons to conclude a contract for the sale of goods remotely (hereinafter referred to as "Contract") under the conditions specified in this Offer.
1.2. Goods or Services – the object of the agreement between the parties, which was chosen by the buyer on the website of the online store and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online Store – the Seller’s website at https://simplemom.com.ua created for concluding retail and wholesale purchase agreements based on the Buyer’s review of the Goods description provided by the Seller via the Internet.
1.4. Buyer – a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for purchasing goods presented on the online store website for non-business purposes, or a legal entity or individual entrepreneur.
1.5. Seller – LLC VP "Promodyag", Director Yaroslav Skrypnyk, acting on the basis of the Charter, Legal address: 73000, Kherson, Preobrazhenska St., 49, EDRPOU code 41046240, Tax ID 410462420389, Bank account UA793001190000026008174747001 at JSC "BANK ALLIANCE", MFO 300119, LLC is a profit tax payer and VAT payer.
Subject of the Contract
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 Contract.
2.2. The date of concluding the Contract-offer (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract is considered the date of filling out the order form by the Buyer on the online store website, provided that the Buyer receives confirmation of the order from the Seller electronically. If necessary, at the Buyer’s request, the Contract can be formalized in writing.
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 specified in the Online Store’s contact section.
3.2. The Seller has the right to refuse to fulfill the order if the information provided by the Buyer during order placement is incomplete or raises doubts about its validity.
3.3. When placing an order on the online store website, the Buyer is required to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. The Buyer’s surname and first name;
3.3.2. The address to which the Goods should be delivered (if delivery to the Buyer’s address);
3.3.3. Contact phone number.
3.3.4. Identification code for legal entities or individual entrepreneurs.
3.4. The name, quantity, article, and price of the Goods chosen by the Buyer are indicated in the Buyer’s cart on the online store website.
3.5. If any of the Parties needs additional information, they have the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing goods from the online store.
3.6. When placing an order through the Seller’s operator (p. 3.1 of this Offer), the Buyer is required to provide the information specified in p. 3.3 – 3.4 of this Offer.
3.7. Acceptance of the terms of this Offer by the Buyer is carried out by entering the relevant data into the registration form on the online store website or when placing an Order through the operator. After placing an Order through the Operator, the Buyer’s data is entered into the Seller’s database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By entering into the Contract, i.e., accepting the terms of this offer (the proposed conditions for purchasing the Goods) by placing an Order, the Buyer confirms the following:
a) The Buyer is fully familiar with and agrees to the terms of this offer (the offer);
b) The Buyer consents to the collection, processing, and transfer of personal data, and this consent is valid throughout the duration of the Contract, as well as for an unlimited period after its termination. Additionally, by entering into the Contract, the Buyer confirms that they have been informed (without additional notice) about the rights established by the Law of Ukraine "On Personal Data Protection", about the purposes of data collection, and that their personal data is transferred to the Seller to fulfill the terms of this Contract, to carry out 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 notification from the Buyer for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a personal data subject according to the Law of Ukraine "On Personal Data Protection" is known and understood by them.
Price and Delivery of Goods
4.1. Prices for Goods and services are determined solely by the Seller and are indicated on the online store website. All prices for Goods and services are indicated on the website in UAH including VAT.
4.2. Prices for Goods and services may be changed unilaterally by the Seller depending on market conditions. However, the price of a specific unit of Goods, the cost of which has been fully paid by the Buyer, cannot be changed unilaterally by the Seller.
4.3. The price of Goods indicated on the online store website does not include the cost of delivery of the Goods to the Buyer. The cost of delivery is paid by the Buyer according to the current rates of delivery services (carriers) directly to the chosen delivery service (carrier).
4.4. The price of 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 estimated cost of delivery to the Buyer’s address when the Buyer makes a corresponding request to the Seller by sending an email or when placing an order through the online store operator.
4.6. The Buyer’s obligation to pay for the Goods is considered fulfilled from the moment the Seller receives the payment in their account.
4.7. Payments between the Seller and the Buyer for Goods are carried out in the ways specified on the online store website in the "Payment and Delivery" section.
4.8. Upon receipt of the Goods, the Buyer must check the conformity of the Goods with quality and quantity characteristics (name of the Goods, quantity, completeness, expiration date) in the presence of the delivery service representative (carrier).
4.9. The Buyer or their representative, when accepting the Goods, confirms by their signature in the sales receipt / or in the order / or in the delivery waybill that they have no claims regarding the quantity of the Goods, appearance, and completeness of the Goods.
4.10. Ownership and 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 when self-delivery of the Goods from the Seller or upon transfer of the Goods by the Seller to the delivery service (carrier) chosen by the Buyer.
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 Contract and the Buyer’s order.
5.1.2. Keep any private information about the Buyer confidential and not provide access to this information to third parties, except as provided by law and during the fulfillment of the Buyer’s Order.
5.2. The Seller has the right to:
5.2.1. Change the terms of this Contract, as well as prices for Goods and services, unilaterally by posting them on the online store website. All changes come into effect from the moment they are published.
5.3. The Buyer is obliged to:
5.3.1. Familiarize themselves with the content of the Contract, the terms of the Contract, and the prices offered by the Seller on the online store website before concluding the Contract.
5.3.2. To enable the Seller to fulfill their obligations to the Buyer, the latter must provide all necessary data that clearly identifies them as the Buyer and is sufficient for delivering the ordered Goods.
Return of Goods
6.1. The Buyer has the right to return non-food goods of satisfactory quality to the Seller if the goods do not meet their expectations regarding form, dimensions, style, color, size, or for other reasons that prevent their intended use. The Buyer is entitled to return satisfactory quality goods within 14 (fourteen) days, excluding the day of purchase. The return of satisfactory quality goods is allowed if the goods have not been used and if their commercial appearance, consumer properties, packaging, seals, labels, as well as the receipt issued to the Buyer for payment of the goods, are preserved. The list of goods not subject to return under the grounds provided in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund for satisfactory quality goods will be processed within 30 (thirty) calendar days from the moment the Seller receives such goods, provided that the requirements specified in Clause 6.1 of the Agreement and the current legislation of Ukraine are met.
6.3. The value of the goods will be refunded by bank transfer to the Buyer’s account.
6.4. The return of satisfactory quality goods to the Seller’s address is at the Buyer’s expense, and the Seller will not reimburse the Buyer for these costs.
6.5. If defects are discovered in the goods within the established warranty period, the Buyer has the right to present claims to the Seller as provided by the Law of Ukraine "On Protection of Consumer Rights," in the manner and within the time limits established by Ukrainian legislation. In the case of claims for free elimination of defects, the time for their elimination begins from the date the Seller receives the goods and has physical access to them.
6.6. Claims under the Law of Ukraine "On Protection of Consumer Rights" will be considered by the Seller provided that the Buyer presents the documents required by current Ukrainian legislation. The Seller is not liable for defects in the goods that arise after their transfer to the Buyer due to the Buyer’s violation of usage or storage rules, actions of third parties, or force majeure.
6.7. The Buyer does not have the right to refuse satisfactory quality goods that have individually defined properties if the specified goods can be used exclusively by the Buyer who purchased them (including custom sizes, characteristics, appearance, configuration, etc.). Confirmation that the goods have individually defined properties is the difference in sizes and other characteristics indicated in the online store.
6.8. Returns of goods, in cases provided by law and this Agreement, are made to the address specified on the website in the "Contacts" section.
Liability
7.1. The Seller is not liable for any damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller is not liable for improper or untimely fulfillment of Orders and obligations in case the Buyer provides inaccurate or erroneous information.
7.3. Both the Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer are exempt from liability for partial or total non-performance of their obligations if such non-performance is due to force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters that occurred beyond the control of the Seller and/or Buyer after the conclusion of this Agreement. The party unable to fulfill its obligations must immediately notify the other party.
Confidentiality and Protection of Personal Data
8.1. By providing their personal data on the Online Store’s website during registration or order placement, the Buyer gives the Seller their voluntary consent to process, use (including transfer) their personal data, as well as to perform other actions provided by the Law of Ukraine "On Personal Data Protection," without limiting the term of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a breach for the Seller to provide information to counterparties and third parties acting on the basis of a contract with the Seller, including for the purpose of fulfilling obligations to the Buyer, as well as in cases where such disclosure is required by the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not liable for poor performance or non-performance of its obligations due to outdated information about the Buyer or discrepancies in its accuracy.
Other Conditions
9.1. This Agreement is concluded in 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 the dispute cannot be resolved through negotiations, the Buyer and/or Seller have the right to refer the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to unilaterally amend this Agreement as provided in Clause 5.2.1 of the Agreement. Additionally, changes to the Agreement may also be made by mutual consent of the Parties in the manner prescribed by the current legislation of Ukraine.
SELLER’S ADDRESS AND DETAILS:
LLC VP "Promodyag", Director Yaroslav Vasylovych Skrypnyk, acting on the basis of the Charter
