PUBLIC AGREEMENT (OFFER)
for ordering, purchase and sale, and delivery of goods
This Agreement is an official and public offer of the Seller to conclude a sale and purchase agreement for the Goods presented on the website https://caliora.com.ua. This Agreement is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of their status (individual, legal entity, or individual entrepreneur) without giving preference to one Buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and procedure for placing an order, payment for the Goods, delivery of the Goods, return of the Goods, liability for bad-faith orders, and all other terms of the Agreement. The Agreement shall be deemed concluded at the moment the Buyer clicks the “Confirm Order” button on the checkout page in the “Cart” section and receives electronic confirmation of the order from the Seller.
1. Definitions
1.1. Public Offer (hereinafter referred to as the “Offer”) – a public proposal of the Seller addressed to an indefinite number of persons to conclude a distance sale and purchase agreement (hereinafter referred to as the “Agreement”) under the terms set forth in this Offer.
1.2. Goods or Service – the subject matter of the agreement selected by the Buyer on the Online Store website 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://caliora.com.ua created for concluding retail and wholesale sale and 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 the purchase of Goods presented on the Online Store website for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.
1.5. Seller – Limited Liability Company “Kovalchuk Inna Serhiivna” (identification code 3765904148), a legal entity established and operating in accordance with the current legislation of Ukraine.
2. Subject of the Agreement
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 Agreement.
2.2. The date of conclusion of the Offer Agreement (acceptance of the Offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be considered the date of completion of the order form on the Online Store website, provided that the Buyer receives electronic confirmation of the order from the Seller. If necessary, at the Buyer’s request, the Agreement may be executed in written form.
3. 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 указанным 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 order placement is incomplete or raises doubts about its authenticity.
3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information necessary for order fulfillment:
3.3.1. last name and first name of the Buyer;
3.3.2. address for delivery of the Goods (if delivery is to the Buyer’s address);
3.3.3. contact phone number;
3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the Online Store website.
3.5. If either Party requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller shall not be liable for improper service when purchasing Goods in the Online Store.
3.6. When placing an order through the Seller’s operator (clause 3.1 of this Offer), the Buyer shall provide the information specified in clauses 3.3. of this Offer.
3.7. Acceptance 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 concluding the Agreement (accepting this Offer), the Buyer confirms the following:
a) the Buyer has fully read and agrees with the terms of this Offer;
b) the Buyer gives consent to the collection, processing, and transfer of personal data in accordance with the Law of Ukraine “On Personal Data Protection”, without limitation of the validity period of such consent, and is informed of their rights and the purpose of data collection.
4. Price and Delivery of Goods
4.1. Prices for Goods and services are determined independently by the Seller and indicated on the Online Store website in UAH, including VAT.
4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of a unit of Goods fully paid by the Buyer may not be changed unilaterally.
4.3. The price of the Goods indicated on the Online Store website does not include delivery costs. The Buyer pays delivery costs according to the current tariffs of the selected delivery service (carrier).
4.4. The price indicated on the website does not include delivery of the Goods to the Buyer’s address.
4.5. The Seller may indicate the estimated delivery cost upon the Buyer’s request via email or when placing an order through the operator.
4.6. The Buyer’s payment obligation is considered fulfilled from the moment funds are credited to the Seller’s account.
4.7. Payments between the Seller and the Buyer are made using the methods specified in the “Payment and Delivery” section of the Online Store website.
4.8. Upon receipt of the Goods, the Buyer must check compliance with qualitative and quantitative characteristics in the presence of the delivery service representative.
4.9. By signing the receipt / order / delivery note, the Buyer confirms that they have no claims regarding quantity, appearance, or completeness of the Goods.
4.10. Ownership and risk of accidental loss or damage to the Goods pass to the Buyer from the moment of receipt of the Goods or transfer of the Goods to the delivery service selected by the Buyer.
5. Prepayment and Order Cancellation
5.1. When placing an order with the cash on delivery payment method, the Buyer shall pay a deposit in the amount of 500 UAH per item.
5.2. The Buyer has the right to pay a larger deposit at their own discretion. In such case, the entire paid amount shall be considered a deposit within the meaning of Articles 570–571 of the Civil Code of Ukraine.
5.3. In the case of placing an order with full prepayment (bank transfer), the deposit shall not apply, and the full cost of the goods shall be paid.
5.4. The Buyer has the right to cancel the order with a full refund only on the day the order is placed and provided that the order has not been processed (not confirmed with the manager, not taken into production, etc.).
5.5. In case of order cancellation, the deposit amount is non-refundable.
5.6. Refusal to accept goods of proper quality upon delivery or termination of the agreement prior to the agreed deadlines shall also be considered order cancellation, and the deposit amount shall not be refunded.
5.7. The buyer has no right to return or exchange underwear, bodysuits, and hosiery of proper quality under any circumstances.
5.8. The Buyer has the right to return or exchange a product of proper quality belonging to the “clothing” category (trousers) within 14 (fourteen) calendar days from the date of receipt of the product, provided that all of the requirements set out below are met in full.
5.9.1. Return or exchange is possible only if the product has not been used, retains its original appearance, and the original tag and packaging have been preserved.
5.9.2. Return or exchange of the product shall not be accepted if there are any signs of use, damage, stains, foreign odors, mechanical defects, or if any of the conditions set forth in this section of the Offer are not complied with.
6.1. Upon receipt and inspection of the product to verify compliance with the return or exchange conditions, the Seller shall arrange a refund to the Buyer. The refund process may take up to 7 (seven) business days from the date the product is confirmed to meet the established requirements.
6. Rights and Obligations of the Parties
6.1. The Seller undertakes to:
6.1.1. Transfer the Goods to the Buyer in accordance with this Agreement and the Buyer’s Order.
6.1.2. Not disclose any private information about the Buyer except as provided by law or necessary for Order fulfillment.
6.2. The Seller has the right to:
6.2.1. Change the terms of this Agreement and the prices for Goods and services unilaterally by publishing them on the Online Store website.
6.3. The Buyer undertakes to:
6.3.1. Familiarize themselves with the content of the Agreement, its terms, and prices before concluding it.
6.3.2. Provide all necessary data sufficient for identification and delivery of the ordered Goods.
7. Return and Exchange of Goods
7.1. In accordance with the Law of Ukraine “On Consumer Rights Protection”, Article 9 regulates the exchange and return of Goods of proper quality within 14 days if the Goods do not fit.
7.2. However, the same law in the Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994, defines the list of goods that are not subject to exchange (return), in particular sanitary and hygienic items, as well as underwear, bodysuits, and hosiery.
7.3. The Buyer has the right to return or exchange a received product from the clothing category of proper quality for a similar one within 14 (fourteen) calendar days from the date of receipt, excluding the day of purchase, provided that all of the following conditions are met:
7.4. The product has not been used, and its original appearance, consumer properties, tags, packaging, and labels have been preserved.
7.5. After receiving and inspecting the product to ensure it meets the return conditions, we will arrange a refund. The return process may take up to 14 business days.
8. Liability
8.1. The Seller is not liable for damage caused by improper installation, use, or storage of the Goods purchased from the Seller.
8.2. The Seller is not liable for improper or untimely performance in case of inaccurate information provided by the Buyer.
8.3. The Seller and the Buyer bear liability in accordance with the legislation of Ukraine and this Agreement.
8.4. The Parties are released from liability for force majeure circumstances (war, military actions, earthquake, flood, fire, natural disasters) that arose after conclusion of the Agreement. The affected Party must immediately notify the other Party.
9. Confidentiality and Personal Data Protection
9.1. By providing personal data on the Online Store website, the Buyer gives voluntary consent to processing in accordance with the Law of Ukraine “On Personal Data Protection” without limitation of validity.
9.2. The Seller undertakes not to disclose information except to contractors or as required by law.
9.3. The Buyer is responsible for keeping personal data up to date.
10. Other Conditions
10.1. This Agreement is concluded in the territory of Ukraine and is governed by the legislation of Ukraine.
10.2. All disputes are resolved through negotiations or in court in accordance with the legislation of Ukraine.
10.3. The Seller has the right to amend this Agreement unilaterally as provided herein or by mutual consent of the Parties in accordance with Ukrainian law.