Terms of service

This Agreement is public and, in accordance with Art. 633 and 641 of the Civil Code of Ukraine, its conditions are the same for all consumers, unconditional acceptance of the terms of the contract (payment by any method in accordance with Part 2 of Article 642 of the Civil Code of Ukraine) is considered acceptance of this Agreement between the Buyer and the Seller and certifies the fact of its conclusion.

This Agreement is an agreement between FOP Maryna Andriivna Bystrova (Online store «Patch My Look») (hereinafter referred to as the Seller) and any legal entity, individual entrepreneur or individual user of the services of the online store (hereinafter referred to as the Buyer), which includes all essential conditions for the organization of distance sales (i.e. through the Internet store) , which are hereinafter collectively referred to as the "Parties", and each separately as a "Party".

The terms of this Agreement regulate the relationship between the Seller and the Buyer and are determined by the Law of Ukraine "On the Protection of Consumer Rights" No. 1023-XII.

1. Terms

1.1.  Public offer contract - this is a publicly concluded agreement between the Seller and the Buyer on the terms of sale of goods and provision of services;

1.2. Buyer – any legally capable natural person who has reached the age of 18 at the time of concluding the Agreement, or a legal entity or an individual entrepreneur who, on the basis of a public offer concluded with the Seller of the Agreement, purchases goods and/or receives services and pays for them;

1.3. Seller – a legal entity that places on its website: https://patchmylook.com/ information about the goods and/or services sold by it. The seller is the Administration;

1.4. Administration is the owner of the website of the online store Patch My Look, in the person of the FOP Bystrova Maryna Andriivna.

1.5. User is a natural person, a resident of Ukraine, who has reached the age of 18, who is endowed with full civil legal capacity, who uses this Site and/or its individual tools and modules, and has agreed to the terms of the Offer;

1.6. Website is a website belonging to the Administration, which contains an up-to-date list of goods and services, at the URL address: https://patchmylook.com/

1.7. Product are goods and services, or other tangible or intangible objects, information about which is posted on the Website;

1.8. Document for goods and services - is a settlement document (goods or cashier's check, receipt, expense invoice, etc.) that the Buyer receives as a result of payment for goods and services when receiving them from the Seller;

1.9. Order - this is an appeal by the User using the Website and/or a call to the Seller's hotline regarding the implementation of the sale of goods and/or services, as well as the set of goods and/or services specified in the User's order;

1.10.  Payer – is the person who pays for the User's Order;

1.11. Recipient - the person specified by the Payer in the Order form as the person authorized by the Payer to receive the purchased goods and/or services (unless otherwise specified in the Order form: the recipient is the Payer);

1.12. Offer is information about goods and/or services posted by the Seller on the Website, which includes information about goods and/or services, prices, payment and delivery methods, information about discounts and promotional offers, as well as other conditions for purchasing goods and/ or services The terms of the Offers posted on the Website are set by the Seller;

1.13.   Parties – Seller, Buyer, User, Administration, Payer.

 

2. General information

2.1. This Agreement regulates the procedure for the User's access to information about goods and/or services posted on the Website, and also regulates the possibility of selling and transferring such goods and/or services to the User.

2.2. This Agreement is a public offer. By using the materials and tools of the Website, the User is deemed to unconditionally accept (accept) this Agreement. The User must fully familiarize himself with the terms of this Agreement before registering on the Website and/or clicking on the "tick" symbol. The User's registration on the Website and/or placing the Order indicates the full and unconditional acceptance of the User's Agreement.

2.3. Information about goods and/or services displayed on the Website https://patchmylook.com/ is dynamic. This means that the information can be updated, changed, supplemented, deleted by the Administration at any time without prior notice to the User. The Website Administration has the right to make changes to the terms of this Agreement at any time. Changes take effect from the moment the new version of the Agreement is posted on the Website and do not require additional notice from the User.

2.4. An offer on the Website is not an offer. After reading the Offer posted on the Website, the User has the right to make an offer to the Seller by filling out the Order form and/or placing an order through the Hotline of the Online Store. Filling out the form is considered an offer by the User to the Seller for the User to purchase goods and/or services on the terms specified in the relevant Offer.

2.5. The offer is considered accepted by the Seller, if the Seller has performed actions that indicate acceptance of the User's offer, namely: actually shipped the goods, started performing services in accordance with the conditions stipulated in the User's offer, provided an invoice for payment of the ordered goods and/or services.

2.6. The Seller has the right to offer to sell goods and/or services on other terms after receiving the User's offer. In this case, this offer will be considered a counter offer and must be accepted by the User. Acceptance of a counter offer is considered the actual receipt by the User and/or Recipient of goods and/or services on the terms stipulated in the counter offer. The Seller has the right to withdraw the counter offer before the Buyer receives the goods and/or services.

2.7. Payment and/or actual receipt of goods and/or services by the Buyer, as well as shipment of goods and/or services by the Seller shall be deemed to be agreed upon by the Parties.

2.8. The parties agreed that the sending of any notifications by the Seller about the availability of goods and/or services, acceptance of the Order, terms of delivery of the goods, its cost, terms and forms of payment, statuses and/or status changes of the Order, etc., by means of e-mail , messengers, SMS messages, etc., is considered the Buyer's notification of the Seller's receipt of the offer and cannot testify to its acceptance by the Seller.

2.9. In case of accepting (accepting) the Seller's offer, the Buyer gives consent to receive information about the goods and/or services through remote communication.

2.10. The signing of documents confirming the acceptance of the goods and/or the actual acceptance of the goods means that the Buyer has received all the necessary information (information) about the goods before the moment of its acceptance.

3. Placing an order

3.1. The buyer places an order independently in the online store through the "place an order" form or by placing an order by e-mail, feedback forms, or by phone specified in the contact section of the online store.

3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer during the order placement is incomplete or raises suspicions about their validity.

3.3. If the Seller does not have the Goods, the Seller may notify the Buyer by phone or e-mail.

3.4. If the Product is not available, the Buyer has the right to replace it with a similar Product, refuse this Product or cancel the order.

4. Order payment procedure

4.1. The full price of the Product is indicated in the Seller's Offer.

4.2. The price of each individual Product is determined by the Seller and indicated on the corresponding page of the Website. The price of the Contract is determined by adding up the prices of all the selected Goods placed in the virtual basket and the delivery price, which is determined depending on the chosen delivery method.

4.3. The prices of the Goods may change depending on the market situation, which is reflected in the prices of the Offer. The Seller cannot change the price for a particular Buyer if he has already accepted the Seller's terms and made payment for the Goods in accordance with the procedure established by this Agreement.

4.4. The buyer can pay for the order in the following ways:

 1) by means of a bank transfer of money to the current account of the Seller specified in the invoice, including using Internet banking (the Buyer pays for the order within 3 (three) calendar days from the date of receipt of the invoice in the amount of 100% prepayment).

2) by payment upon receipt of the Goods at the representative office of the delivery service.

3) credit card of the following types: Visa, Mastercard, Mastercard Electronic, Maestro.

4) in any other way as agreed with the Seller.

4.5. The Buyer is considered to have fulfilled the terms of this Agreement regarding payment for the order at the time of crediting the funds to the Seller's current account.

5. Terms of order delivery

5.1. The methods, order and term of delivery of goods are indicated on the Website in the "Delivery" section. The order and terms of delivery of the ordered goods shall be agreed by the Buyer with the operator of the Internet store at the time of placing the Order or by specifying it in the electronic application available on the Website.

5.2. Self-delivery of goods:

5.2.1. After forming the application, the Buyer can pay and receive his goods at the address indicated on the Website (if such a possibility is provided).

The right of ownership and the risk of accidental death or damage to the Goods are transferred to the Buyer or his representative from the moment of receipt of the Goods by the Parties signing the goods receipt or invoice.

5.3. The delivery of the Goods is carried out by the Seller's own forces, in accordance with the terms of delivery, or with the involvement of third parties (the carrier).

5.4. When receiving the Goods, the Buyer must check the conformity of the Goods with the qualitative and quantitative characteristics (product name, quantity, completeness, quality) in the presence of the courier representative.

5.5. The Buyer or the Buyer's Representative confirms with his signature on the goods receipt and/or delivery note when accepting the Goods that he has no complaints about the quantity of the Goods, appearance and completeness of the Goods.

5.6. Along with the order, the Buyer is provided with documents for the Goods in accordance with the legislation of Ukraine.

5.7. The seller is not responsible for the violation of the terms of delivery of the Order due to reasons beyond his control.

5.8. In case of absence of the Buyer at the delivery address specified by the Buyer in the application or refusal of the Buyer to receive the Goods for unjustified reasons upon delivery by the carrier company's courier, the Goods shall be returned to the Seller. Payment for the services of the carrier is deducted from the amount transferred by the Buyer for the Goods. The balance of the amount is returned to the Buyer on the basis of his letter sent to e-mail: hello@patchmylook.com indicating the bank account to which the funds should be returned.

5.9. Delivery takes place within 1-4 working days.

5.10. There is an opportunity to place urgent orders on the website, which will be sent urgently. Applications for urgent shipments are accepted until 15:00.

5.11. The goods sent to the Buyer, in the case of an order through a delivery service/third parties, will be stored in the warehouse for 7 (seven) days. After 7 days, the product will be sent to the Seller's address.

6. Rights and obligations of the Parties:

6.1. The seller is obliged to:

  • fulfill the terms of this Agreement;

  • fulfill the Buyer's Order, in case of receipt of payment from the Buyer;

  • deliver the Goods to the Buyer in accordance with the completed Order and the terms of this Agreement;

  • perform other duties specified in this Agreement.

6.2. The seller has the right to:

  • to unilaterally suspend the provision of services under this Agreement, in case the Buyer violates the terms of this Agreement;

  • unilaterally change the terms of this Agreement, as well as the prices of goods and services, by posting them on the website of the online store. All changes take effect from the moment of their publication on the Site;

  • refuse to enter into a Public Offer Agreement if he does not have the opportunity to sell the relevant Product to the Buyer;

  • make recordings of telephone conversations with the Buyer;

  • require the Buyer to fulfill his obligations under this Agreement in good faith;

  • without agreement with the Buyer, to transfer their rights and obligations for the performance of the Agreement to third parties.

6.3. The buyer is obliged to:

  • timely pay and receive the Order under the terms of this Agreement;

  • in order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer;

6.4. The buyer has the right to:

  • before the conclusion of the Agreement, familiarize yourself with the content and conditions of the Agreement, the prices for the Goods offered by the Seller in the online store;

  • place an Order in the Online Store;

  • draw up an electronic Agreement;

  • in case of disagreement with any item of the Offer, refuse to purchase the Goods, register in the online store, and take any other actions stipulated by this Agreement;

  • seek advice from the Seller regarding the properties and characteristics of the Product;

  • properly formalize the acceptance of the Goods (including signing and handing over to the Seller the relevant documents for receiving the Goods), present a document certifying the person (the person authorized to receive the Goods);

  • check the quality and quantity of the Goods when they are received from the Seller;

  • not to disclose any of the Seller's private information and not to provide access to this information to third parties, except for cases provided for by the legislation of Ukraine;

  • not to transfer the login and password received during registration to third parties, and to be personally responsible for failure to fulfill this obligation;

  •   properly fulfill the terms of this Agreement.

7. Terms of product return

7.1. According to Art. 9 of the Law of Ukraine "On the Protection of Consumer Rights", the Buyer has the right to exchange or return the Goods of proper quality within 14 (fourteen) days, except for the day of purchase, unless a longer period is announced by the Seller. The buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return).

The main requirement for the return of the product is to keep all labels and tags, as well as to keep the integrity of the packaging.

Products that show external signs of use cannot be returned.

7.2. The return of the goods to the online store is carried out at the expense of the Buyer.

7.3. In the case of discovering defects in the Goods, the Buyer is obliged to record the defects in the Goods in a written act of arbitrary form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, defects should be recorded by means of photo or video recording. Within 1 (one) working day, the Buyer is obliged to notify the manager (Seller's representative responsible for placing the order for the Goods) about the identified defects and agree on the replacement of the Goods.

7.4. The parties agreed that in case of non-compliance with the mandatory requirements of the specified procedure, the Buyer is considered to have received the Goods in proper condition - without any mechanical damage and in full completeness.

7.5. When the Buyer returns the goods of proper quality, the Seller returns to him the money paid for the goods upon the fact of the goods being returned, minus compensation for the costs of the Internet store related to the delivery of the goods to the Buyer (if such delivery was carried out at the Seller's expense).

  1. Responsibility of the parties. Guarantees

8.1. The Parties are responsible for non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with the Agreement and current legislation of Ukraine.

8.2. Except for the cases stipulated by the Agreement, the Seller (Administration) of Patch My Look is not responsible under the Agreement:

8.2.1. for any direct/indirect damages and/or lost profits of the Buyer and/or third parties, regardless of whether the Website https://patchmylook.com/ could foresee the possibility of causing such damages in a specific situation or not;

8.2.2. the appearance of the Product changed by the manufacturer;

8.2.3. for the content and truthfulness of the information provided by the Buyer when placing the Order;

8.2.4. for delays and interruptions in the delivery of the Goods, which occur due to reasons beyond the scope of his control;

8.2.5. for unlawful and illegal actions carried out by the Buyer using access to the Internet;

8.2.6. for the Buyer's transfer of its network identifiers - IP, MAC addresses, login and password to third parties.

8.3. The buyer, using the access to the Internet provided to him, is independently responsible for the damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles.

8.4. In the event of force majeure, the Parties are exempted from fulfilling the terms of this Agreement. Circumstances of force majeure for the purposes of this Agreement mean events of an extraordinary, unforeseeable nature that exclude or objectively interfere with the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent.

8.5. The basis for the application of fines or compensation for damages under the Agreement is a claim sent by one of the Parties. Payment of fines does not release the Party from the proper fulfillment of its obligations under the Agreement.

8.6. Each Party confirms and guarantees to the other Party that in order to fulfill the terms of this Agreement:

  • it has full civil legal personality to fulfill the terms of this Agreement;

  • it has adopted a corporate decision necessary to fulfill the terms of this Agreement.

8.7. The buyer is solely responsible for the preservation and confidentiality of registration data (login and password). All actions performed using the login and password of the Buyer (representative of the Buyer) in the personal account are considered to be performed by the Buyer. The buyer is independently responsible to third parties for all actions taken using the Customer's (customer's representative) login and password. The website https://patchmylook.com/ is not responsible for the unauthorized use of the Customer's registration data by third parties.

9. Dispute settlement procedure

9.1. All disagreements and disputes related to the execution or termination of this Agreement will be resolved through negotiations between the Parties. If it is impossible to resolve disputes through negotiations, they are subject to consideration in court in accordance with the legislation of Ukraine.

 10. Final provisions

10.1. The contract and its implementation are regulated in accordance with the legislation of Ukraine.

10.2. The online store reserves the right to unilaterally make changes to this agreement, provided that it is previously published on the website https://patchmylook.com/

10.3. The online store was created to organize a remote method of selling goods via the Internet.

10.4. The Buyer gives consent to the Seller for the processing of their personal data, namely surname, first name, patronymic, registered place of residence and/or actual place of residence, taxpayer identification number, passport data, as well as telephone/fax contact number, e-mail address, any other data specified by the Buyer in the registration form for registration in the online store and/or order, in order to fulfill the requirements of the current legislation of Ukraine related to the conduct of financial and economic activities of the Seller and within the limits of the requirements of the current legislation on the protection of personal data .

The buyer confirms that he is familiar with the rights of the subject of personal data provided for in Art. 8 of the Law of Ukraine "On Protection of Personal Data". 

10.5. This Agreement enters into force from the moment of its acceptance by the User and is valid until the Parties fulfill their obligations in full.

10.6. In case of questions and claims from the Buyer, he should contact the Seller by phone: +38 073 444 50 07 and by e-mail: hello@patchmylook.com.

 

Carefully read the text of the Public Offer, and if you do not agree with any item of the offer, you have the right to refuse to purchase the Goods available on the Online Store Website and not to take the actions specified in Clause 4.4 of this Agreement.