1. GENERAL TERMS
1.1. The following text is an Agreement between the online store u24.inwhite.store, hereinafter referred to as the "Seller", and the user of the online store services, regardless of status (individual, legal entity, individual entrepreneur), hereinafter referred to as the Buyer.
1.2. This Agreement defines the conditions for the purchase of clothing, hereinafter referred to as "Goods", by the Buyer through the Seller's online store.
1.3. The contract is public according to Art. 633 and Art. 641 of the Civil Code of Ukraine and is the equivalent of an "oral agreement" and has due legal force.
1.4. In accordance with Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this contract-offer, which confirms the conclusion of the Contract on the proposed terms, is the fact that the Buyer pays the price of the goods ordered on the website of the online store (or in another way).
1.5. In this offer, unless the context otherwise requires, the following terms have the following meanings:
- "Internet store" - the Seller's website, created for the conclusion of retail and wholesale sales contracts, after the Buyer familiarizes himself with the offered Seller's Goods in photographs remotely.
- "Seller" is an organization, regardless of its organizational and legal form, and/or an individual entrepreneur who sells goods.
- "Product" - products offered for sale and posted on the website u24.inwhite.store.
- "Buyer" is an individual and/or legal entity that places an order on the u24.inwhite.store website.
- "Recipient" - a natural and/or legal entity, specified by the Buyer, who must receive the ordered Goods.
- "Acceptance" means full and unconditional acceptance by the Buyer of the terms of the Agreement.
- "Order" - individual items from the assortment list of products specified by the Buyer when placing an order on the website.
2. SUBJECT OF THE CONTRACT
2.1. The Seller sells and delivers the Goods in accordance with the current price list published on the u24.inwhite.store website, and the Buyer pays for and accepts the Goods in accordance with the terms of this Agreement.
3. ORDER PROCEDURE
3.1. Forming an order.
3.1.1. Orders are accepted through the u24.inwhite.store website during the Seller's working hours.
3.1.2. Delivery of clothes to the Recipient is paid separately, unless otherwise indicated on the website.
3.1.3. When placing an order, the Buyer must specify the details of the Recipient as accurately as possible. Incorrect information provided by the buyer may prevent the execution of the order. In this case, delivery is delayed until the Recipient's correct data is clarified, but no more than 12 hours from the moment the Buyer pays for the order.
3.2. Order payment procedure.
3.2.1. Payment of the order means the consent of the Buyer to enter into this Agreement with the Seller.
3.2.2. The Buyer pays the cost of the order under the Agreement by transferring funds to the Seller's current account. The date of payment is considered the date of receipt of funds to the Seller's account.
3.2.3. The prices for any item of the Product specified on the u24.inwhite.store website are valid at the time of placing the order.
3.2.4. The buyer has the right to confirm or cancel the order until it is paid.
3.2.5. Orders are accepted for execution only after receipt of funds to the Seller's account, with the exception of choosing the payment method "Cash on delivery".
4. ORDER PERFORMANCE DEADLINE
4.1. The term of the order depends on the selected courier company.
4.2. In case of improper delivery of the order due to the fault of the Seller (the order does not meet the Buyer's requirements or the product is not in the proper form), please contact us by phone +38 (098) 47-16-084.
4.3. The order is considered fulfilled at the moment of its transfer to the Recipient/Buyer and/or his authorized persons.
4.4. The agreement between the Seller and the Buyer is valid from the moment of its conclusion until the moment of delivery of the order to the Recipient/Buyer or his authorized representatives.
5. INTELLECTUAL PROPERTY. COPYRIGHT.
5.1. The seller is the sole owner of the IN WHITE Trademark.
5.2. Clause 2.4 of Article 16 of the Law of Ukraine "On Protection of Rights to Marks for Goods and Services" establishes that the certificate entitles its owner to use the mark and other rights specified by this Law.
5.3. According to Art. 20 of the Law of Ukraine "On Protection of Rights to Marks for Goods and Services", any encroachment on the rights of the owner of the certificate, provided for in Art. 16 of this Law, including, committing without the consent of the holder of the certificate actions that require his consent and preparing to commit such actions, is considered a violation of the rights of the holder of the certificate, which entails responsibility in accordance with the current legislation of Ukraine.
5.4. A violation of the rights of the owner of the certificate is also considered to be the use without his consent in domain names of the signs and designations specified in Clause 5 of Art. 16 of this Law.
5.5. For the legal use of the TM - applying it to any product for which the mark is registered, hereinafter referred to as the "Product", packaging containing such Product, sign, label, patch, tag or other item attached to the product, storage such a product with the specified mark for sale, offering it for sale, sale, import (import) and export (export); its use in business documentation or in advertising and on the Internet, including in domain names, requires separate permission.
5.6. If the subjects of entrepreneurial activity expressed a desire to use the TM in their activity, they can apply for permission to use it by letter to the e-mail address.
5.7. The seller is the owner of exclusive property copyrights for a number of photographic works, graphic images on the site and is their sole author. The seller uses photographic works by publishing them on the u24.inwhite.store website to illustrate goods and services.
5.8. Due to the presumption of originality of copyright objects, all photographic works are original, therefore protected by copyright without registration and formalities from the moment of their creation in all countries of the world in accordance with the "Bern Convention for the Protection of Literary and Artistic Works" of 1886 and the Law of Ukraine "On Copyright and Related Rights" 1993.
5.9. The subject of the exclusive property copyright for photographic works may give permission for the use of these works to third parties and prohibit their use, if this is the case, without obtaining permission. The owner of the photos posted on the u24.inwhite.store website gives permission to use his photo only if a link to the original source is placed on the photo.
5.10. If other authors were found to have posted their photo works on the u24.inwhite.store website, all claims are accepted at the address.
6. TERM OF THE CONTRACT. PROCEDURE FOR IMPLEMENTING CHANGES
6.1. Acceptance of the Offer by the Buyer is confirmation of the conclusion of the Agreement according to the terms of the Offer.
6.2. The Agreement enters into force from the moment of payment of the order by the Buyer and is valid until the Seller fulfills its obligations under this Agreement.
6.3. The Seller has the right to make changes to the text of this Agreement at its discretion at any time and without prior notice to the Buyer. The current (current) version of the Agreement is always available on the website.
6.4. The Buyer agrees and acknowledges that the introduction of changes to the Offer entails the introduction of these changes to the already valid Agreement concluded between the Buyer and the Seller; changes in the Agreement enter into force with such changes in the Offer.
7.1. The Seller guarantees the confidentiality of information provided by the Buyer during registration or when placing an order.
7.2. The seller guarantees that personal data will not be used for selfish purposes, on third-party resources or for spreading spam.
7.3. When placing an order, the Buyer consents to the processing of his personal data stored in the Seller's database exclusively for the identification of the Buyer/Recipient for repeated orders and for their correct execution. If the Buyer refuses, the Seller will not be able to carry out the order accordingly.
8.1. The courier bears all risks associated with the loss or damage of the goods until the moment of their delivery to the Buyer.
8.2. The Recipient or the person who accepted the goods at the time of the Recipient's absence bears all risks related to the loss or damage of the goods from the moment of their acceptance.
8.3. The seller has the right to transfer his rights and obligations regarding the fulfillment of orders to third parties, without releasing himself from responsibility.
8.4. The Seller is not responsible for improper use or storage of goods by the Buyer, which were ordered on the u24.inwhite.store website.
8.5. The responsibility of the Parties in other cases is determined in accordance with the legislation of Ukraine.
8.6. The parties agree that any disputed situations, the resolution of which could not be reached through negotiations, are resolved in accordance with current Ukrainian legislation.