THE PUBLIC AGREEMENT (THE OFFER)

  1. TERMS AND DEFINITIONS

In this offer, unless the context requires otherwise, the following terms have the following meanings:

“The Public Agreement (the Offer)” – an agreement in which one party – the Seller – has undertaken to sell goods or provide services to anyone who contacts it through the website www.hidden.clothing

“Online Store” means, in accordance with the Law of Ukraine “On Electronic Commerce”, a means for presenting or selling goods and services by means of an electronic transaction.
“Seller” means a business entity that sells goods or services presented on the Website.
“Buyer” – any legally capable physical entity who becomes a customer of the seller’s goods or services and has accepted the terms of this Agreement.

“Acceptance” – full, unconditional and unreserved acceptance by the Buyer of the terms of this Agreement without any exceptions and/or limitations and is equivalent to the conclusion of a bilateral written agreement.

“Order” – the selection of individual items from the list of goods specified by the buyer when placing an order and making payment.

  1. GENERAL PROVISIONS

2.1 This Agreement establishes the procedure for interaction between the Seller of the Online Store www.hidden.clothing (hereinafter referred to as the website) and the Buyers who have placed an order on this website.
2.2. This Agreement is concluded by full and unconditional adoption (acceptance) by the Buyer of the offer to enter into the Agreement comprehensively without signing a written copy of the Agreement by the Parties.
2.3. The moment of full and unconditional adoption by the Buyer of the Seller’s offer to enter into an agreement of purchase and sale of goods in electronic form is considered to be the fact of payment by the Buyer of the Order under this Agreement, within the terms and at the prices specified on the Seller’s website.
2.4. This Agreement has legal force in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties..
2.5. All textual information and graphic images posted in the online store www.hidden.clothing have a legal right holder, the illegal use of this information and images is prosecuted in accordance with the current legislation of Ukraine.
2.6 By entering into this Agreement (i.e. by accepting the terms of the offer by placing an Order), the Buyer confirms the following:
– The Buyer is fully and completely acquainted with and agrees to the terms and conditions of this Agreement (the Offer).
– The Buyer gives permission for the collection, processing and transfer of personal data, which is valid throughout the Agreement duration period, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that he is informed (without additional notice) about the rights established by the Law of Ukraine “On Personal Data Protection”, the purposes of data collection, and that his personal data is transferred to the Seller in order to be able to fulfill the terms and conditions of this Agreement, to be able to make mutual settlements, as well as to receive invoices, certificates and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notice to the Buyer, without changing the purpose of personal data processing. The scope of the Buyer’s rights as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood by him. The Buyer, by informing the Seller of his telephone number and e-mail, agrees to the use of these means of communication by the Seller, as well as third parties involved in the fulfillment of obligations to the Buyer. The data may be used to disseminate information about the transfer of the order for delivery, as well as other information directly related to the fulfillment of obligations to the Buyer under this Public Offer. Also, the data provided by the Buyer may be used for the distribution of advertising actions, news about promotions, discounts, and other actions of the Seller.
2.7. The Seller has the right to amend the terms of this Agreement without prior notice. Changes to the terms of the Agreement shall come into force after its publication on the Website and shall apply to any Order placed after publication.

  1. SUBJECT OF THE AGREEMENT AND PRICE OF GOODS

3.1. The seller transfers, and the buyer collects and pays the goods under the terms specified in this Agreement.
3.2. Prices of the goods are determined by the seller in a sole indisputable discretion and are stated on the page of the online store located on the internet address: www.hidden.clothing
3.3. The price of the goods is specified in the ukrainian hryvnia or euro, depending on the chosen currency on the website on the current rate of ukrainian hryvnia against euro.
3.4 The price of the goods indicated on the Website does not include the cost of delivery of the goods to the Buyer. The Buyer shall pay the cost of delivery of the goods additionally in accordance with the current tariffs of delivery services (carriers).
3.5. The proposal to conclude the agreement for specific goods is valid during availability the goods on the seller’s internet site, subject to availability of the goods in the seller’s warehouse.
3.6. Photos of the goods are illustrations of the goods, and the actual appearance of the goods may differ from them.
3.7. The descriptions and specifications accompanying the goods are not exhaustive and may contain typographical inaccuracies. In order to clarify the information regarding this Product, the Buyer may at any time contact the Seller at the contacts indicated on the website.

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1 The Seller is obliged:
4.1.1. From the moment of the conclusion of this Agreement, to fully guarantee all obligations to the buyer in accordance with the terms of this Agreement and applicable law. The Seller reserves the right for non-fulfillment of the obligations under the Agreement in the case of Force majeure circumstances specified in clause 8 of this hereof.
4.1.2. To process the personal data of the Buyer and ensure their privacy policy in the order established by applicable law.
4.2. The Seller has the right to:
4.2.1. To make amendments to this Agreement, prices for goods and rates for the related services, methods and terms of payment and delivery of the goods in sole discretion, placing them on the internet address: www.hidden.clothing. All amendments come into force immediately after the publication, and are considered to be brought to the notice of the Buyer from the time of this publication.
4.2.2. Without the consent of the Buyer, to transfer rights and obligations on performance of the Agreement to the third parties.
4.3. The Buyer is obliged:
4.3.1. Before the Agreement is concluded, to review the contents and terms of the Agreement, prices of the goods offered by the Seller at Online Store.
4.3.2. To place Orders, the Buyer shall enter his/her data and place an order.
4.3.3 In execution of the Seller’s obligations before the Buyer, the last should report all necessary data, definitely identificating him/her as a Buyer, and enough for a delivery to the customer ordered by the latter. The Buyer is fully responsible for providing false information that made it impossible for the Seller to fulfil its obligations to the Buyer.
4.3.4 Pay ordered goods and its delivery on the terms of this Agreement.
4.3.5. To avoid disputes, when ordering to, read the information offered by the Seller on their internet site, in particular, but not limited to sections: payment, delivery, return and exchange of goods.
4.3.6. Not to use the goods ordered on the internet site for entrepreneurial purposes.
4.4. The Buyer has the right:
4.4.1. Place an order for any product presented on the website www.hidden.clothing

  1. PLACING AN ORDER AND PAYMENT PROCEDURE

5.1. The Buyer shall place an order on the relevant page of the Website www.hidden.clothing by clicking on the “Checkout”, “Pay”, “Order”, etc. buttons, or by placing an order by e-mail or by calling the telephone number indicated in the contact section of the Website.
5.2. When placing an order on the Online Store website, the Buyer undertakes to provide the following information:
5.2.1. last name, first name, patronymic of the Buyer or the person (the receiver) specified by him;
5.2.2. the address to which the goods should be delivered (if delivery should be made to the Buyer’s address);
5.2.3. an e-mail address;
5.2.4. a contact phone.
5.3. The price of a product or service is indicated in the description on the relevant page of the Online Store website.
5.4. After placing the Order, the Buyer receives information on the composition of his order to the e-mail address specified by him, indicating the cost of goods, address and delivery cost (delivery cost is indicated only for orders abroad).
5.5. The order is considered to be accepted for execution after the Buyer receives an email to the email address specified on the form, with the confirmation of the fact of order acceptance.
5.6. The Seller reserves the right to cancel the Seller’s Order at the stage of Order confirmation.
5.7. The term for processing the order by the Seller is up to 3 (three) working days from the date of its placement on the Website.
5.8. The seller reserves the right to consent the ordering data by telephone with the Buyer. If it is impossible to contact the Buyer for 48 hours, the order made by the Buyer is canceled, in addition, money are refunded to the same bank details, from which the order was paid for.
5.9. The Buyer pays for the goods on the basis of this agreement. Payment methods are indicated on the website or by agreement of the parties.
5.10. The Buyer pays for the goods on the terms of 100% prepayment.
5.11. Payment by the Buyer means familiarisation and full agreement with the terms of this offer.
5.12. The moment of payment is the time of crediting funds to the current account of the Seller.

  1. DELIVERY OF GOODS TO THE BUYER

6.1. The Buyer is obliged to collect the order at the agreed delivery time. The delivered goods are transferred to the customer, and in the absence of the latter, to any person that presents the confirmation of the order or another document confirming the delivery of the goods.
6.2. Upon receipt of the goods, the Buyer must, in the presence of a representative of a courier (a courier service/a carrier), check the compliance of the goods with qualitative and quantitative characteristics (name of goods, quantity, completeness).
6.3. By accepting the goods, the Buyer confirms that he has no claims to the quantity, appearance and completeness of the goods.
6.4. The ownership and the risk of unintentional loss or damage to the goods passes to the Buyer from the moment the Buyer receives the goods.
6.5. The Buyer can carry out in-all Seller’s stores pickup.
6.6. The Seller attempts to comply with the agreed delivery time. The Seller is not responsible for possible delays in delivery due to an unexpected circumstance occurred not by the seller’s fault, which were impossible to foresee.
6.7. For customers from far-abroad countries the Seller sends the order without accounting taxes and fees of the country of residence of the buyer. Delivery price does not include taxes and fees.

  1. EXCHANGE AND RETURN OF GOODS

7.1. Exchange and return of the goods of proper quality:
7.1.1. The Buyer has the right to exchange and return to the Seller non-food goods of proper quality, if the goods did not satisfy him in shape, dimensions, style, color, size, or for some other reasons cannot be used for its intended purpose. The Buyer has the right to return the goods of proper quality within fourteen (14) days, not including the day of purchase. The return of the goods of proper quality is carried out if it has not been used and if its marketable state, consumer performance, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment of the Goods are preserved. The list of goods that are not subject to return on the grounds specified in this clause is approved by the Cabinet of Ministers of Ukraine, including underclothes, bodysuits, swimsuits, nightclothes, nightwear, hosiery and socks.
7.1.2. When the Buyer returns the goods of proper quality, the Online Store repays to him the money paid for the goods after the fact of return of the goods subject to deduction of compensation for the costs of the Online Store related to the delivery of goods to the Buyer.
7.1.3. The repayment to the Buyer of the cost of the goods of proper quality is made within ten (10) banking days from the date of receipt of such Goods by the Seller, subject to compliance with the requirements of clause 7.1. of the Agreement and the current legislation of Ukraine. The cost of the goods is subject to repay in the same way by which the Buyer made a payment for the returned goods.
7.1.4. The return of the Goods of proper quality to the address of the Seller is made at the expense of the Buyer and the Seller does not reimburse such expenses to the Buyer.
7.2. The return of non-conforming goods:
7.2.1. The non-conforming goods means the goods which cannot provide performance of its functional qualities. The difference between the elements of design, color or appearance from those stated in the description on the website is not a sign of poor quality of the Goods and/or the inability to use it for its intended purpose.
7.2.2. After receiving the Order, any claims for visual defects of the Goods, its quantity, completeness and appearance are not accepted.
7.2.3. If the non-conforming Goods have been transferred to the Buyer, the Buyer has the right to demand a repayment of paid funds in accordance with the Law of Ukraine “On Protection of Consumers’ Rights”.
7.2.4. In case of detection of defects in the Goods during the stated warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to make the claims stipulated by the Law of Ukraine “On Protection of Consumers’ Rights” to the Seller. When making claims for free of charge elimination of defects, the deadline for their elimination is stated from the date of receipt of the Goods by the Seller at hand and physical access to such Goods.
7.2.5. The review of claims stipulated by the Law of Ukraine “On Protection of Consumers’ Rights” is carried out by the Seller on conditions that the Buyer provides the documents required by the current legislation of Ukraine.
7.3. The Buyer has no right to refuse the good of proper quality with individually defined properties, if the good can be used only by the Buyer who purchased it (including non-standard sizes, characteristics, appearance, assembly and all that at the request of the Buyer). The confirmation that the good has individually defined properties is the difference between the size of the good and other characteristics specified in the Online Store.
7.4. The Seller shall not be liable for defects in the goods that arose after their transfer to the Buyer as a result of the Buyer’s violation of the rules for the use or storage of the goods, actions of third parties or force majeure circumstances.
7.5. The return of goods, in cases provided by the law and this Agreement, is carried out to the address specified on the website in the “Information” section.
7.6. Final sale is for goods which was delivered outside the territory of Ukraine (international delivery).

  1. FORCE MAJEURE

8.1. Any party is exempted from responsibility for complete or partial failure to fulfill its obligations under this Agreement, if this failure has been caused by the force majeure circumstances, arosen after signing this Agreement. “force majeure circumstances” mean extraordinary events or circumstances that party could not anticipate or prevent by means available to it. Such extraordinary events or circumstances include, inter alia: strikes, floods, fires, earthquakes and other natural disasters, wars, hostilities, actions of ukrainian or foreign government bodies and any other circumstances, which extend beyond reasonable control any of the parties . Changes in legislation or regulations, directly or indirectly affecting any party shall not be considered as force majeure circumstances, but in case of modification, which prevent any party from performance of any of its obligations under the present Agreement, the parties are responsible to immediately decide regarding the procedure of work to eliminate this problem in order to ensure the parties to continue the execution of this Agreement.

  1. RESPONSIBILITY OF THE PARTIES

9.1. For non-execution or improper execution of the terms and conditions of this Agreement, the parties should bear responsibility under the law of Ukraine.
9.2. The Seller is not responsible for:
– for a slight discrepancy in the colour of the product, which may differ from the original product solely due to the different colour rendering of personal computer monitors and phone screens of individual models;
– for the content and accuracy of the information provided by the Buyer when placing an order;
– for delays and interruptions in the provision of Services (order processing and delivery of goods) that occur for reasons beyond its control;
– for unlawful illegal actions committed by the Buyer using the provided access to the Internet;
– for damage caused to the Buyer or third parties due to improper use, storage of the goods purchased from the Seller.
9.3. The Buyer, using the Internet access provided to him, is solely 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 principles of morality.

  1. OTHER CONDITIONS

10.1. The Seller has the right to transfer its rights and obligations to Buyers to third parties.
10.2. The Online Store and related services may be temporarily/partially or completely unavailable due to routine maintenance or other technical reasons. The Technical Service Unit of the Seller has the right to periodically carry out the necessary routine maintenance or other work without notifying the Buyers.
10.3. The provisions of the legislation of Ukraine shall apply to the relations between the Buyer and the Seller.
10.4. In case of questions and complaints from the Buyer, he must contact the Seller by the phones listed on the Online Store website. The parties must try to resolve all emergent disputes through negotiations. If the parties do not reach an understanding, the dispute will be referred to a court in accordance with the current legislation of Ukraine.

  1. COMPANY DETAILS

Alim Enverovich Tokhtarov, individual entrepreneur
Taxpayer ID number: 2874314279
Registered address: 4, Volodymyr Ivasyuk Avenue, bldg. 2, apartment 45, Kyiv, 04210
Phone: +380 (67) 442 1877
IBAN UA833052990000026007006219761 (UAH) in JSC CB “PRIVATBANK”