Terms and Conditions

PUBLIC OFFER ONLINE STORE "KEENLY"

 

1. TERMS AND DEFINITIONS

1.1. IN THIS OFFER, UNLESS THE CONTEXT DEMANDS OTHERWISE, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS AND ARE ITS INTEGRAL PART:

SELLER - FOP PLUZHNIK T.N.

BUYER - ANY DEFINITIVE INDIVIDUAL PERSON ACCEPTING THE PUBLIC OFFER ON THE TERMS OF THIS OFFER, PLACING ORDERS AND PURCHASING GOODS FROM FOP PLUZHNIK T.N. WHICH ARE SUBMITTED ON THE SITE WWW.KEENLY.SHOP FOR THEIR PERSONAL, HOUSEHOLD AND OTHER NEEDS NOT CONNECTED WITH THE PERFORMANCE OF BUSINESS ACTIVITIES.

ONLINE STORE IS THE OFFICIAL ONLINE STORE OF THE SELLER FOP PLUZHNIK T.N., LOCATED AT THE INTERNET ADDRESS WWW.KEENLY.SHOP. IN THE FRAMEWORK OF THIS AGREEMENT, THE CONCEPT OF THE ONLINE STORE AND THE STORE, AS WELL AS THE INTERNET ADDRESS WWW.KEENLY.SHOP AND THE DERIVATIVES FROM WWW.KEENLY.SHOP ARE EQUAL AND ARE AVAILABLE ONLY.

GOODS - OBJECT (ITEM OF CLOTHING, ACCESSORY OR OTHER MATERIAL VALUE), SUBMITTED FOR SALE ON THE SITE.

ORDER IS A CORRECTLY DRAFTED AND PLACED CUSTOMER ORDER (FILLED IN THE CORRECT FIELDS ON THE SITE IN THE "CART" SECTION, "ORDER PLACEMENT"), ADDRESSED TO THE SELLER,

2. GENERAL PROVISIONS

2.1. THIS PUBLIC OFFER (IN THE FOLLOWING - "CONTRACT") IS AN OFFICIAL OFFER FOP PLUZHNIK T.N. TO THE ADDRESS OF ANY INDIVIDUAL POSSESSING EFFICIENCY AND REQUIRED POWERS TO CONCLUDE WITH FOP PLUZHNIK T.N. THE AGREEMENT FOR THE SALE AND PURCHASE OF THE GOODS ON THE TERMS DEFINED IN THIS OFFER AND CONTAINS ALL ESSENTIAL TERMS OF THE CONTRACT.

2.2. RELATIONS IN THE FIELD OF CONSUMER RIGHTS PROTECTION ARE GOVERNED BY THE LAW OF UKRAINE "ON THE PROTECTION OF CONSUMER RIGHTS", BY THE REGULATION OF THE LAW "ON ELECTRONIC COMMERCE" AND ACCEPTED IN ACCORDANCE WITH THE LAW OF UKRAINE.

2.3. THE SELLER HAS THE RIGHT WITHOUT PRIOR NOTICE TO CHANGE THESE TERMS AND CONDITIONS. CHANGES TO THE TERMS ARE EFFECTIVE AFTER THEIR PUBLICATION ON THE SITE AND APPLY TO ANY ORDER MADE AFTER PUBLICATION.

2.4. PLACING AN ORDER ON THE SITE, PLACING AN ORDER BY PHONE, AS WELL AS SUBSCRIPTION AND REGISTRATION IMPLIED THE CLIENT'S ACQUISITION OF THESE TERMS AND CONDITIONS, THEIR UNDERSTANDING, OBLIGATORY CONSENT.

2.5. ALL TEXT INFORMATION AND GRAPHICS OF THE PRODUCTS POSTED ON THE SITE ARE PROPERTY OF THE SELLER OR ITS CONTRACTORS. VIEWING THE INFORMATION OR PRINTING THE PAGES OF THE SITE IS PERMITTED FOR PERSONAL USE ONLY.

3. SUBJECT OF THE CONTRACT AND PRICE OF GOODS

3.1. THE SELLER TRANSFERS, AND THE BUYER ACCEPTS AND PAYS FOR THE GOODS ON THE TERMS AND CONDITIONS SPECIFIED IN THIS AGREEMENT. THE OWNERSHIP RIGHT TO THE ORDERED GOODS PERSONS TO THE BUYER FROM THE TIME OF THE ACTUAL TRANSFER OF THE GOODS TO THE BUYER AND THE LAST PAYMENT OF THE FULL VALUE OF THE GOODS. THE RISK OF ITS ACCIDENTAL DEATH OR DAMAGE TO THE PRODUCT PASSES TO THE BUYER FROM THE MOMENT OF THE ACTUAL TRANSFER OF THE GOODS TO THE BUYER.

3.2. THE PRICES OF THE GOODS ARE DETERMINED BY THE SELLER IN A ONE-SIDE UNDISPUTABLE ORDER AND ARE INDICATED ON THE PAGES OF THE ONLINE STORE LOCATED AT THE INTERNET ADDRESS: WWW.KEENLY.SHOP.

3.3. THE PRICE OF THE GOODS IS INDICATED IN AMERICAN DOLLARS.

3.4. THE OFFER TO CONCLUDE A CONTRACT FOR A SPECIFIC GOODS VALID DURING THE PRODUCT LOCATION ON THE SELLER'S INTERNET SITE UNDER THE CONDITION OF THE PRESENT PRODUCT IN THE SELLER'S WAREHOUSE.

4. MOMENT OF CONCLUSION OF THE CONTRACT

4.1. THE TEXT OF THIS AGREEMENT IS A PUBLIC OFFER ACCORDING TO ART. 633 and ST. 641 OF THE CIVIL CODE OF UKRAINE AND IS THE EQUIVALENT OF THE “ORAL AGREEMENT” AND HAS PROPER LEGAL EFFECT.

4.2. THE AGREEMENT CONCLUDED ON THE BASIS OF ACCEPTATION BY THE BUYER OF THIS OFFER IS A CONTRACT OF ACCESSION TO WHICH THE BUYER JOINS WITHOUT ANY EXCLUSION AND / OR ANY EXCLUSION.

4.3. THE FACT OF THE BUYER'S ORDERING IS THE NON-CONTRACTUAL FACT OF THE BUYER'S ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. THE BUYER WHO PURCHASED THE PRODUCT IN THE SELLER'S ONLINE STORE (ORDERING THE GOODS) IS CONSIDERED AS A PERSON ENTRYING WITH THE SELLER IN RELATIONSHIP ON THE TERMS OF THIS AGREEMENT.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. THE SELLER IS OBLIGED TO:

5.1.1. FROM THE TIME OF CONCLUSION OF THIS AGREEMENT, TO PROVIDE IN FULLY ALL OBLIGATIONS TO THE BUYER IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND APPLICABLE LEGISLATION. THE SELLER RESERVES THE RIGHT OF NON-FULFILLMENT OF THE OBLIGATIONS UNDER THE CONTRACT IN THE EVENT OF OVERCOMPLISHING CIRCUMSTANCES specified in clause 9 OF THIS AGREEMENT.

5.1.2. PROCESS THE PERSONAL DATA OF THE BUYER AND ENSURE THEIR CONFIDENTIALITY IN THE PROCEDURE STATED BY THE APPLICABLE LAW.

5.2. THE SELLER HAS THE RIGHT:

5.2.1. TO CHANGE THIS AGREEMENT, PRICES FOR GOODS AND RATES FOR RELATED SERVICES, METHODS AND TERMS OF PAYMENT AND DELIVERY OF GOODS IN ONE-SIDE ORDER BY POSITIONING THEM ON THE PAGES OF THE INTERNET, WE POST THEM ON THE PAGES OF THE INTERNET. ALL CHANGES COME INTO FORCE IMMEDIATELY AFTER PUBLICATION, AND ARE CONSIDERED BEFORE THE BUYER'S INFORMATION FROM THE TIME OF SUCH PUBLICATION.

5.2.2. WITHOUT AGREEMENT WITH THE BUYER, TRANSFER YOUR RIGHTS AND OBLIGATIONS ON PERFORMANCE OF THE CONTRACT TO THIRD PARTIES.

5.3. THE BUYER COMMITS:

5.3.1. BEFORE CONCLUDING THE AGREEMENT, PLEASE READ THE CONTENT AND TERMS OF THE AGREEMENT, THE PRICES OF THE GOODS OFFERED BY THE SELLER IN THE ONLINE STORE.

5.3.2. TO PLACE ORDERS, THE CLIENT SHOULD ENTER THEIR DATA AND PLACE THE ORDER ONSELF OR WITH THE HELP OF A CUSTOMER SERVICE SPECIALIST IN THE METHODS AVAILABLE FOR CLIENTS.

5.3.3. IN PERFORMANCE BY THE SELLER OF ITS OBLIGATIONS TO THE BUYER, THE LATEST SHOULD COMMUNICATE ALL NECESSARY DATA, UNIFORMALLY IDENTIFYING HIS AS A BUYER, AND SUFFICIENT SUPPLIES FOR DELIVERY OF THE PURCHASER.

5.3.4. PAY FOR THE ORDERED GOODS AND ITS DELIVERY ON THE TERMS OF THIS AGREEMENT.

5.3.5. TO AVOID DISPUTES, WHEN PLACING AN ORDER, PLEASE READ THE INFORMATION PROPOSED BY THE SELLER ON ITS INTERNET SITE, IN PARTICULAR, BUT NOT LIMITED TO THE SECTIONS: PAYMENT, DELIVERY, DELIVERY, EXCHANGE.

5.3.6. DO NOT USE THE GOODS ORDERED ON THE INTERNET SITE FOR BUSINESS PURPOSES.

6. ACCEPTANCE OF ORDER

6.1. AFTER REGISTRATION OF THE ORDER, THE CLIENT RECEIVES INFORMATION ON THE COMPOSITION OF HIS ORDER WITH AN INDICATION OF THE COST OF GOODS, ADDRESS AND DELIVERY COST TO THE ELECTRONIC ADDRESS STATED BY HIM.

6.2. The order is accepted to run after the client will receive an email to the email address specified on the form, with the confirmation of the fact of order acceptance and or AFTER on the site displays a message CREATION order specifying its number.

6.3. THE SELLER RESERVES THE RIGHT TO CANCELLATE THE CLIENT'S APPLICATION AT THE APPLICATION CONFIRMATION STAGE.

6.4. SELLER RESERVES THE RIGHT TO AGREE WITH THE CUSTOMER ORDER DATA BY PHONE. IF IT IS NOT POSSIBLE TO CONTACT WITH THE CUSTOMER WITHIN 48 HOURS, THE CUSTOMER'S ORDER IS CANCELLATED, IF THE CUSTOMER MAKES A PRE-PAYMENT, THE CASH IS RETURNED BY THE CUSTOMER IS RETURNED FOR SALE.

6.5. AFTER ORDERING, THE BUYER IS PROVIDED INFORMATION ON THE DELIVERY DATE OF THE ORDER TO THE CLIENT. THE STATED DATE DEPENDS ON THE AVAILABILITY OF THE ORDERED GOODS IN THE SELLER'S WAREHOUSE AND THE TIME REQUIRED FOR PROCESSING AND DELIVERY OF THE ORDER.

7. DELIVERY OF GOODS

7.1. THE CUSTOMER UNDERTAKES TO ACCEPT THE ORDER WITHIN THE AGREED DELIVERY TIME. THE DELIVERED GOODS IS HANDED TO THE CLIENT, AND IF IT IS NOT AVAILABLE - TO ANY PERSON WHO SUBMITS AN ORDER CONFIRMATION OR ANOTHER DOCUMENT CONFIRMING THE DELIVERY OF THE GOODS.

7.2. SHIPPING BY THE BUYER MAY BE CARRIED OUT FROM ALL THE SELLER'S STORES.

7.3. THE SELLER IS TRYING TO COMPLY WITH THE AGREED DELIVERY TIMES TO THE MAXIMUM. SELLER SHALL NOT BE RESPONSIBLE FOR POSSIBLE DELIVERY DELAYS DUE TO ANY UNEXPECTED CIRCUMSTANCES OCCURRING NOT ACCORDING TO THE SELLER, WHICH WAS IMPOSSIBLE TO BE PROVIDED.

7.4. FOR CLIENTS FROM FAR ABROAD COUNTRIES SELLER SEND THE ORDER BY SERVICE DHL, WITHOUT TAX AND DUTIES OF THE BUYER'S COUNTRY OF STAY. THE PRICE FOR SHIPPING DOES NOT INCLUDE TAXES AND DUTIES.

8. TERMS OF RETURN AND EXCHANGE OF GOODS

8.1. THE BUYER HAS THE RIGHT TO RETURN THE PRODUCT OF PROPER QUALITY IF IT DOES NOT FIT IN SHAPE, DIMENSIONS, SHAPE, COLOR, SIZE OR COMPLETE SET. THE BUYER HAS THE RIGHT TO EXCHANGE A PRODUCT OF INAPPROPRIATE QUALITY FOR A SIMILAR PRODUCT WITHOUT DEFECTS, IF SUCH IS AVAILABLE, OR TO CHOOSE ANOTHER PRODUCT FROM THE RANGE FOR THE SAME AMOUNT.

8.2. The buyer has the right to exchange, or refund the goods of good quality, unless it has been in use, its trade dress (original packaging, seals, labels), consumer properties, while maintaining completeness of goods, as well as documents confirming the facts AND CONDITIONS OF PURCHASE of goods (COMMERCIAL OR CASH REGISTER).

8.3. FOR REGISTRATION OF RETURN OF GOODS OF PROPER QUALITY (INCLUDING FOR THE REASON OF ITS EXCHANGE) CLINT OBLIGATIONS TO CAREFULLY PACK THE GOODS WITH ALL COMPONENTS AND A FULL SET OF ACCESSORIES, AND APPENDIX

8.4. THE PROCEDURE FOR RETURNING GOODS OF IMPROPER QUALITY IS CARRIED OUT IN THE METHOD SPECIFIED IN P.8.5.

8.5. METHODS FOR RETURNING ORDERED GOODS:

• RETURN THE GOODS THROUGH THE DELIVERY SERVICE;

• RETURN THE PRODUCT YOURSELF OR THROUGH ANY EXPRESS COMPANY.

8.6. EXCHANGE SHIPPING AND RETURNING EXPENSES OF GOOD QUALITY PAY BY THE BUYER.

8.7. REQUIREMENTS FOR REFUND OF THE MONEY PAID FOR THE GOODS ARE SUBJECT TO SATISFACTION WITHIN 5 DAYS FROM THE DAY OF SUBMISSION OF THE APPROPRIATE REQUEST. IN CASE OF RETURN OF GOODS OF IMPROPER QUALITY, THE BUYER IS RETURNED THE COST OF THE GOODS TOGETHER WITH THE COST OF DELIVERY.

8.8. CASH REFUNDS ARE ALWAYS MADE IN THE SAME METHOD AS THE PAYMENT FOR THE GOODS WAS PERFORMED.

8.9. NO EXCHANGE OR REFUNDABLE:

• PRODUCTS WHICH WERE IN OPERATION.

• PRODUCTS WHICH HAVE BEEN DRY-CLEANED OR AFTER WASHING. (PRODUCTS THAT HAVE AN ODOR OF CLEANING PRODUCTS USED FOR DRY-CLEANING OR WASHING.)

• PRODUCTS WHICH WERE USED FOR PHOTO / VIDEO SHOOTING.

• PRODUCTS WITHOUT A DOCUMENT CONFIRMING THE PURCHASE.

• PRODUCTS WHICH WAS DELIVERED OUTSIDE UKRAINE (INTERNATIONAL DELIVERY).

• PRODUCTS WHICH WERE MANUFACTURED BY PRE-ORDER.

8.10. THE SELLER HAS THE RIGHT TO REFUSE THE BUYER IN RETURNING PRODUCTS WHICH, BY THE SUBJECTIVE OPINION AND INDEPENDENT EXPERTISE, DO NOT MEET THE REQUIREMENTS SPECIFIED IN CLAUSE 8.9.

9. METHODS OF PAYMENT

9.1. THE BUYER CAN MAKE PAYMENT IN THE FOLLOWING WAYS:

• WHEN SELECTED FROM THE SELLER'S STORE BY CASH OR CARD;

• ONLINE PAYMENT ON THE SITE;

9.2. MORE DETAILED INFORMATION ON METHODS OF PAYMENT FOR GOODS IS CONTAINED IN THE SECTIONS OF THE SITE " PAYMENT " AND " DELIVERY ".

10. FORCE MAJEURE

10.1. EACH OF THE PARTIES IS EXEMPTED FROM LIABILITY FOR THE FULL OR PARTICULAR FAILURE TO FULFILL ITS OBLIGATIONS UNDER THIS AGREEMENT IF THIS FAILURE WAS CAUSED BY CIRCUMSTANCES OF EXTRAORDINABLE PERFORMANCE. “CIRCUMSTANCES OF CIRCUMSTANCES” MEAN EXTREME EVENTS OR CIRCUMSTANCES WHICH THE PARTY COULD NOT EXPECT OR PREVENT BY MEANS AT THEIR AVAILABLE. SUCH extraordinary events or circumstances include, inter alia: strikes, floods, fires, earthquakes and other natural disasters, war, hostilities, 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 AFFECT ANY PARTY shall not be considered as force majeure, but in case of modification, which does not allow ANY party has performed any of its obligations hereunder, THE PARTIES ARE OBLIGED TO IMMEDIATELY MAKE A DECISION REGARDING THE PROCEDURE TO ELIMINATE THIS PROBLEM IN ORDER TO ENSURE THE PARTIES TO CONTINUE THE PERFORMANCE OF THIS AGREEMENT.

11. CONFIDENTIALITY

11.1. WHEN RETURNING THE GOODS FOR TRANSFER BY THE SELLER OF MONEYS, THE CUSTOMER PROVIDES PASSPORT DATA AND BANK CARD DATA. THE SELLER IS RIGHT TO USE THIS INFORMATION TO FULFILL THEIR OBLIGATIONS TO THE CLIENT. THE SELLER RECOGNIZES THE IMPORTANCE OF THE CONFIDENTIALITY OF THE PERSONAL INFORMATION PROVIDED BY THE CUSTOMER. BY SUBMITTING YOUR PERSONAL INFORMATION SELLER, customer agrees to their processing SELLER, including fulfilling its obligations to customers as part of this offer PROMOTION SELLER OF GOODS AND SERVICES BY DIRECTIONS mailings advertising-information character, OF ELECTRONIC AND SMS-poll conducted contests and OTHER PROMOTION AMONG CLIENTS, ANALYSIS OF THE RESULTS OF MARKETING SHARES, CUSTOMER SUPPORT, CONDUCTING STATISTICAL RESEARCH, ORGANIZATION OF DELIVERY OF GOODS, CONTROL OF SATISFACTION OF THE QUALITY. Persons visiting websites as well as the client agrees that the implementation of commitments to customers, as well as to conducting marketing research, formation of analytical reports and other marketing activities SELLER may entrust personal data processing (INCLUDING, BUT NOT LIMITED TO - DATE OF BIRTH, EMAIL ADDRESS, account information in social networks, information about your purchase history, interests,) the third parties on the basis of agreements with such persons, subject to compliance with legislation of Ukraine on ensuring the confidentiality of personal data and the security of personal data during their processing. AML processing of personal data is meant any action performed with the use of automation OR WITHOUT USING SUCH VEHICLES WITH PERSONAL DATA, INCLUDING THE COLLECTION, WRITE, accumulation, storage, UPDATE (update, modification) EXTRACTION use, transfer (including transfer THIRD TO PERSONS, WITHOUT EXCLUSION OF CROSS-BORDER TRANSFER, IF THE NEED FOR IT ARISED IN THE EXECUTION OF OBLIGATIONS), DESTRUCTION, BLOCKING, DELETION, DESTRUCTION OF PERSONAL DATA. The seller has to process personal data, including by seconding CUSTOMER CORRESPONDENCE advertising to the mailing ADDRESS, make calls, send SMS - messages, messages through instant messengers, as well as sending emails advertising ukaznoy TO CUSTOMER E-MAIL ADDRESS.

THE CLIENT MAY REFUSE FROM RECEIVING NEWSLETTERS, FROM OBTAINING ADVERTISING AND OTHER INFORMATION WITHOUT EXPLANATION OF THE REASONS BY ONE OF THE SPECIFIED METHODS:

• THE CLIENT CAN CHOOSE THE PARAMETERS OF THE DISTRIBUTION OR REFUSE IT BY PRESSING THE UNSUBSCRIBE BUTTON IN THE ELECTRONIC LETTER;

• A CLIENT MAY CONTACT THE SELLER'S CUSTOMER SERVICE BY PHONE INDICATED ON THE SITE AT WWW.KEENLY.SHOP SECTION "CONTACTS".

11.2. The SELLER undertakes not to disclose the INFORMATION RECEIVED FROM THE CLIENT. IT IS NOT A VIOLATION BY THE SELLER TO PROVIDE INFORMATION TO THE AGENTS AND THIRD PARTIES Acting on the basis of an agreement with the SELLER, TO PERFORM OBLIGATIONS TO THE CLIENT.

11.3. THE BUYER EXPRESSES CONSENT AND AUTHORIZES THE OPERATOR AND OPERATOR'S CONTRACTORS TO PROCESS THE BUYER'S PERSONAL DATA USING AUTOMATED DATABASE MANAGEMENT SYSTEMS, AND ALSO OTHER PROCESSING PROGRAMS.

11.4. THE BUYER IS RIGHT TO REQUEST FROM THE OPERATOR FULL INFORMATION ABOUT THEIR PERSONAL DATA, THEIR PROCESSING AND USE, AND ALSO REQUEST EXCLUSION OR CORRECTION / ADDITION OF INCORRECT OR INCOMPLETE DATA.

12. LIABILITY OF THE PARTIES

12.1. FOR NON-FULFILLMENT OR IMPROPER FULFILLMENT OF THE TERMS OF THIS AGREEMENT, THE PARTIES ARE LIABLE IN ACCORDANCE WITH THE LEGISLATION OF UKRAINE.

12.2. ALL TEXT INFORMATION AND GRAPHIC IMAGES PLACED IN ONLINE STORE KEENLYCLOTHES.CIM ARE PROVIDED BY LEGAL, ILLEGAL USE OF THIS INFORMATION AND PREFERRED IMAGES

13. OTHER CONDITIONS

13.1. ALL DISPUTES RELATED TO THE FAILURE TO FULFILL OR INSUFFICIENT FULFILLMENT OF THEIR OBLIGATIONS UNDER THIS AGREEMENT THE PARTIES WILL TRY TO RESOLVE DURING NEGOTIATIONS.

13.2. IN CASE OF FAILURE TO ACHIEVE AGREEMENT DURING NEGOTIATIONS, DISPUTES WILL BE RESOLVED BY JUDICIAL PROCEDURE IN ACCORDANCE WITH THE APPLICABLE LAW OF UKRAINE.