Resource visitor – person who has visited website asthik.com without the purpose of placing an Order.
User – natural person, visitor of the Resource who agrees with the conditions of the user agreement and wishes to place Orders online on website asthik.com.
Buyer – User who has placed the Order online on website asthik.com for the purposes of purchasing the product for personal needs.
Seller – Sole Proprietor Arzumanian Vrezh Sedrakovich (personal tax number 2061126350, Date and number of the record in the Unified state register of legal entities and sole proprietors on the state registration 20650000000050006 of 28.11.2017, location: 4/7, apt 45, Tsitadelna street, Kyiv, 01015, Ukraine). b/a UA17 300711 00000 26005052631063 в JSC «Ukrainian Construction Investment Bank» c. Kyiv MFO 300711. The Seller is not VAT payer in Ukraine. Products are sold from storehouses of the Seller.
Website – asthik.com.
Product – footwear, cloths, accessories and other products offered for sale on the Website of the Seller.
Order – dully formalized order of the Buyer for the purchase and delivery Products selected on the Website at the address indicated by the Buyer.
1. SUBJECT OF THE AGREEMENT
1.1. The Seller sells Products by means of receiving the order in online store asthik.com.
1.2. Ordering Products via the Website, the Buyer agrees with the terms of Products sale outlined below (hereinafter referred to as Terms and conditions of products sale). In case of disagreement, the Buyer is obliged immediately terminate service using and leave website asthik.com.
1.3. These terms and conditions of products sale and information on the Product represented on the Website are a public offer in accordance with art. 633 of the Civil Code of Ukraine.
1.4. These terms and conditions can be unilaterally modified by the Seller without notification of the User/Buyer. The new version of the Terms and conditions enters into force from the moment of its posting on the Website unless otherwise specified.
1.5. Acceptance of this Offer enters into force from the moment of sending an electronic confirmation of the Order acceptance by the Seller to the Buyer in the course of the ordering by the Buyer by means of Website asthik.com.
The Contract of Product Sale is considered to be concluded from the moment of issue of the payment document by the Seller to the Buyer confirming the payment of the Product or depositing of funds to the bank account of the Seller.
Providing the personal e-mail and phone number to the Seller, the Visitor of the Website/User/Buyer gives his consent for the utilization of the above-mentioned means of communication by the Seller and the third parties attracted by him for the purposes of fulfillment of obligations to the Visitors of the Website/Users/Buyers for the purposes of mailing advertising and informational materials containing information about discounts, forthcoming and current campaigns and other events of the Seller, about the transfer of the order to the delivery service, and other information directly connected with the fulfillment of obligations by the Buyer within the frameworks of this Public offer.
2. PRODUCT AND PURCHASE PROCEDURE
2.1. The Seller provides the availability of the Products represented on the Website in his storehouse. Photos accompanying the Product are simple illustrations to it and may differ from the actual appearance of the Product. Descriptions/characteristics of the Products do not provide complete information and may contain misprints. To specify information on the Product, the Buyer shall write a letter to e-mail [email protected].
2.2. If products ordered by the Buyer are absent at the storehouse of the Seller, the Seller has the right to exclude this Product from the Order / cancel the Order of the Buyer having notified the Buyer about that by means of sending a respective e-mail message to the e-mail address specified by the Buyer.
2.3. The Buyer bears full responsibility for providing incorrect information which has resulted in the inability of duly fulfillment of Seller’s obligations to the Buyer.
2.4. Upon placing the Order online on website asthik.com, information is provided to the Buyer regarding the expected date of delivery by means of sending an e-mail to the e-mail address specified by the Buyer. The manager who serves this Order specifies details of the Order, agrees the date of delivery which depends on the availability of the ordered Products at the storehouse of the Seller and time required for the Order processing and delivery.
2.5. The expected date of transfer of the Order to the delivery service is informed to the Buyer by the manager who serves the Order by e-mail or via a control call to the Buyer.
The date of the product transfer can be unilaterally changed by the Seller for the reasons which are objective to the mind of the Seller.
3. ORDER DELIVERY
3.1. The Product is delivered by the post operator in the form of the postal item with the payment of the electronic invoice for the Product with the bank card or via a wire transfer (including international wire transfer). Methods of delivery: courier companies DHL, Aramex or other courier services at the discretion of the Seller. Specific terms of delivery can be agreed by the Buyer with the manager in the course of the Order confirmation.
3.2. The territory of the delivery of Products represented on the Resource is not limited with the borders of Ukraine.
3.3. Delays in delivery are possible due to unforeseen circumstances which have taken place not due to the Seller’s fault.
3.4. In the course of delivery, the Order is handed over to the Buyer or the third party indicated in the Order as the recipient (the Buyer and the third party are hereinafter referred to as “Recipient”). If the above-mentioned persons cannot receive the Order paid by cash, the Order can be handed over to the person who can provide information on the Order (number of shipment and/or full name of the Recipient) and pay the cost of the order in the full sum to the person who delivers the Order.
3.5. The risk of accidental loss or accidental damage of the Product is transferred to the Buyer in the moment of the Order transfer to him and putting a signature by the Order Recipient in the documents which confirm the Order delivery.
3.6. The cost of delivery of every Order is individually calculated regarding the weight of the Product, region and method of delivery on the last stage of ordering.
3.7. The Seller’s obligation to transfer the product to the Buyer is considered to be fulfilled in the moment of receiving the postal item by the Buyer. This moment is determined in accordance with the current rules of postal communication.
The procedure of delivery and opening of Postal items containing the product is determined by the current rules of postal communication.
3.8. In the course of receiving the Order from the courier the Recipient is obliged to examine the delivered Product and check it for conformity to declared quality, assortment and completeness of the Product, and check the service life of the delivered Product and package integrity. In case of absence of claims related the delivered Product, the Buyer puts his signature in the “Form of orders delivery” and pays the Order. A signature in shipment documents confirm that the Recipient has not asserted claims to the Product and the Seller has completely and dully fulfilled his obligation on the Product hand over.
3.9. The date, time and route of delivery, if required, can be checked with the manager who contacts with the Buyer for the Order confirmation.
3.10. The User understands and agrees that:
delivery is a separate service which is not an integral part of the Product purchased by the Buyer. It is completed in the moment of the Product receiving by the Recipient or payment for it. Complaints on quality of the purchased Product raised upon receiving and payment for the Product are considered in accordance with Law of Ukraine “On protection of consumer rights” and warranty liabilities of the Seller. Thus, the purchase of the Product with the delivery does not grant to the Buyer the right for demanding the delivery of the purchased Product for the purposes of warranty maintenance or replacement does not provide an opportunity to provide warranty maintenance or replacement of the Product by means of the visit to the Buyer and does not provide an opportunity for the return of Product delivery cost in cases when the Buyer has the right for the return of money for the Product itself in accordance with the Law of Ukraine “On protection of consumer rights”.
All the Products ordered by the Buyer on the Website and sent outside of Ukraine can be a subject for import fees, taxes, duties, VAT and import restrictions in destination country, signed by the Buyer. Payment for such is the personal responsibility of the Buyer and the amount of such payments can not be fully or partially reimbursed by the Seller or indicated in advance on the Website. In the case of the order shipment outside of Ukraine and refuse of the Customer to undergo import procedure or duties and taxes payment, Seller remains a right to apply restock fee which will consist of the return shipping cost, import procedure and taxed and duties cost upon the returned items arrival to Ukraine.
Goods sent outside Ukraine cannot be exchanged or returned.
4. PAYMENT FOR THE PRODUCT
4.1. The Product price is indicated in UAH on CIP terms (INCOTERMS 2010) regarding the city of delivery to the Buyer, unless otherwise specified in the invoice, and does not include the value added tax. In case of the Order fulfillment and subsequent shipment of the Product outside Ukraine, the price is indicated in currency (USD or EUR) and is free from the value added tax.
4.1.1. The sum of the order consists of the cost of ordered products.
4.2. The Product price is indicated on the Website asthik.com. In case of the indication of the incorrect price for the Product ordered by the Buyer, the Seller informs the Buyer about that for the Order confirmation at the corrected price or cancellation of the Order. If it is impossible to get in contact with the Buyer, this Order is considered to be cancelled.
4.3. The Product price can be unilaterally modified by the Seller. With that, the price for the Product ordered by the Buyer is not subject to modification.
4.4. The Product is paid:
In case of the Order fulfillment and its subsequent shipment on the territory of Ukraine – in UAH with non-cash funds before the Product shipment in the sum which conforms to the Order sum indicated in the electronic message regarding discounts.
In case of the Order fulfillment and its subsequent shipment outside of the territory of Ukraine – in UAH with non-cash funds before the Product shipment in the sum which conforms to the Order sum indicated in the electronic message regarding discounts.
4.5. The Seller is entitled to grant discounts for the Products and establish the bonuses scheme. Kinds of discounts, bonuses, procedure and terms of charging are indicated on the Website and can be unilaterally modified by the Seller.
5. RETURN OF THE PRODUCT AND MONEY.
5.1. The Buyer is entitled to withdraw from the received Product and terminate the Contract of sale within 14 calendar days from the day of the Products receiving disregarding the day of purchase except the Products which are not subject to exchange and return in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 172 of 19.03.1994 “On implementation of certain provisions of the Law of Ukraine “On protection of consumer rights” as amended and supplemented.
5.2. The returned product with all seals and tags shall be sent by the Buyer by post to the following address: 23B, Lesi Ukrainki Boulevard, Kyiv, 01133, Ukraine.
5.3. Return of the Products of proper quality.
5.3.1. Return of the Products of proper quality is possible if the product has not been used, if its marketable condition, consumer properties, seals, tags, and accounting document issued to the Buyer with the sold product have been preserved.
5.3.2. If the Buyer withdraws from the Product according to paragraph 6.2.1., the Seller returns to him the cost of the returned Product within 30 days from the date of receiving the returned Product at the storehouse of the Seller with the return application filled by the Buyer, except of the re-stock fee that can be set individually for every single Order sent outside of Ukraine by the Seller. The cost of the Product redelivery in case of return is paid by the Buyer. The Product cost is returned only to a person indicated in the Product Order if such a person provides a copy of his (her) national passport and identification code. If the Buyer has indicated incorrect data in the Order or has not provided all above-mentioned documents for the return of money, the Seller reserves his right to refuse such a Buyer to pay monetary funds.
5.3.3. If as of the moment of the Buyer’s request the like product is out of Seller’s stock, the Buyer is entitled to refuse to fulfill this Agreement and claim the return of the sum paid for the above-mentioned Product. The Seller is obliged to return the sum paid for the returned product within 30 days from the day of the Product return.
5.4. Return of the Product of improper quality:
5.4.1. The products of improper quality are products which are defective and cannot provide fulfillment of their functional properties. The difference of elements of design or decoration from those ones which have been mentioned in the description on the Website or in the electronic message is not the sign of the Product poor quality or non-functionality.
5.4.2. The appearance and completeness of the Goods, as well as the completeness of the entire Order, must be checked by the Recipient at the time of delivery of the Goods and communicated to the seller within 24 hours, otherwise the seller has the right to refuse to return the goods.
5.4.3. Upon Order receiving, claims on visual defects of the product, its quantity, completeness and marketable condition are not accepted.
5.4.4. Demands on return of the sum of money paid for the product shall be met within 30 days from the day of raising the respective demand (i.4 of art. 12 of the Law of Ukraine “On protection of consumer rights”).
5.5. Money is returned by means of return of the cost of the paid Product to the bank card with which the payment has been effected or by means of bank transfer depending on the method which has been used for the payment for the Product.
5.6. The warranty period for the Products is established by the manufacturer and is indicated on the label or tag. The Seller provides due application and utilization of the product within the warranty period.
The Seller is not responsible for the Product defects if they have been occurred upon its handover to the Buyer as the result of break of the directions for the product use or storage by the Buyer, actions of the third parties or force-majeure circumstances.
Goods sent outside Ukraine cannot be exchanged or returned.
6.1. The Seller is not responsible for the damage caused to the Buyer as the result of improper use of the Products purchased by means of the Website.
6.2. The Seller is not responsible for the content and functioning of external resources.
7. CONFIDENTIALITY AND PROTECTION OF INFORMATION
7.1. Personal data of the User/Buyer are processed in accordance with the Law of Ukraine of June 01, 2010 No. 2297-VI “On protection of personal data”. The term of storage and processing of personal data is 5 years.
7.1.1. The Seller has the right for sending informational including advertising messages to e-mail and cell phone of the User/Buyer subject to his consent. The User/Buyer is entitled to opt out advertising and other information without explanation of refusal causes. Service messages which inform the User/Buyer about the order and stages of its processing cannot be rejected by the User/Buyer.
7.2. The Seller is not responsible for the information provided by the User/Buyer on the Resource in a generally accessible form.
7.3. The Seller is entitled to record telephone conversations with the User/Buyer. With that, the Seller is obliged to prevent attempts of unauthorized access to information obtained in the course of telephone negotiations and/or its transfer to the third parties not directly connected with the Orders fulfillment in accordance with the Law of Ukraine No. № 2657-XII of 02.10.1992 “On information”.
8. ADDITIONAL CONDITIONS
8.1. The Seller is entitled to concede or in any other way transfer his rights and obligations resulting from his relations with the Buyer, the third parties.
8.2. The Website and provided services can temporarily partially or fully be inaccessible due to preventive or other works or for any other technical reason. The support unit of the Seller is entitled periodically perform required preventive and other works with the preliminary notification of the Buyers or without it.
8.3. Relations between the User /Buyer and Seller are regulated by provisions of the Ukrainian legislation.
8.4. In case of questions and complaints from the side of the User/Buyer, he shall apply to the Seller by phone or other available means. The parties shall try to solve all disputes by means of negotiations. If the parties have failed to come to an agreement, the dispute will be referred to the judicial authority in accordance with the current legislation of Ukraine.
8.5. If the court has recognized invalidity of any provision of this Agreement, that does not result in the invalidity of other provisions.