Public offer

This Public Offer Agreement (hereinafter referred to as the “Offer” or the “Agreement”) constitutes an official open proposal by the Seller to conclude a public Agreement through remote communication means, i.e., via the Seller’s online store available at: https://amariceofficial.com/en (hereinafter referred to as the “Website”), with any interested natural or legal persons.

1. STATUS OF THE OFFER AND ITS ACCEPTANCE

1.1. This Agreement is public in accordance with Articles 633 and 641 of the Civil Code of Ukraine (hereinafter referred to as the “CC of Ukraine”), and its terms are identical for all Buyers. Unconditional acceptance of the terms of this Agreement shall be deemed as the Buyer’s acceptance of this Offer, for which reason the Seller publishes this Agreement. The Buyer who accepts the Offer acquires all the rights and obligations in accordance with Article 638 of the CC of Ukraine.

1.2. This Agreement shall be deemed concluded, and the Seller’s proposal to conclude this Agreement (the offer) fully accepted by the Buyer at the moment the Buyer clicks the “Place Order” button using the information system of the website: https://amariceofficial.com/en.

1.3. By providing their phone number, e-mail, or Instagram account link (Direct), the Buyer gives consent to the Seller and third parties engaged by the Seller to use these communication channels for fulfilling obligations to the Buyer. This information may be used for sharing delivery details or other information directly related to fulfilling the Seller’s obligations under this Agreement.

1.4. By placing an Order, the Buyer agrees that the Seller may delegate the performance of this Agreement to a third party while remaining responsible for its execution.

1.5. The Agreement remains valid until a new version of this Agreement is adopted.

1.6. By performing actions related to accepting this public Offer, the Buyer confirms their legal capacity, competence, attainment of 18 years of age, and lawful right to enter into contractual relations with the Seller.

1.7. The period of consent begins from the moment of accepting this Offer and remains valid until revoked by sending a withdrawal notice to the Seller’s e-mail address specified in this Agreement. The Buyer consents to receive promotional mailings from the Seller via the e-mail address and/or messenger and/or Instagram Direct provided during payment for the Goods.

1.8. By performing actions to accept this public Offer, the Buyer confirms that they have received full information from the Seller regarding the terms, price, delivery and payment procedures, and other conditions of the purchase and sale of the Goods under this Agreement. The Buyer confirms that all terms of the Agreement are clear and accepted fully and unconditionally and that they are familiar with and agree to all the terms and rules of payment systems and messengers used by the Seller.

2. DEFINITIONS

2.1. Website – the official online store of the Seller located at https://amarice--amarice-5bb77.europe-west4.hosted.app/en, including all its web pages. Within the scope of this Agreement, the term “Online Store,” as well as the internet address and all derivatives thereof, are equivalent and interpreted identically according to the context of the Agreement.

2.2. Goods – the subject of the Agreement, including but not limited to clothing, accessories, and other items presented in the Online Store for the purpose of sale.

2.3. “Seller” – means Sole Proprietor (FOP) Protsenko Viktoriia Oleksiivna, Tax Identification Number 3748704926, address: Ukraine, 61000, Kharkiv region, Kharkiv city, Hraivoronska Street, building 21, apartment 1, or another legal entity / sole proprietor selling goods presented in the Online Store.

2.4. Buyer – a legally capable individual who has reached 18 years of age, receives information from the Seller, places an order to purchase Goods presented on the Online Store’s website for purposes not related to business activity, or a legal entity or sole proprietor.

2.5. Acceptance – the Buyer’s full and unconditional consent to the Seller’s proposal to conclude the Agreement under the terms set forth herein, by adding Goods to the virtual shopping cart and submitting the Order, i.e., performing actions aimed at accepting the terms of this Offer.

2.6. Order – a properly completed and placed request through the Website or by sending an inquiry to the Seller’s e-mail address for the purchase of selected Goods.

2.7. Delivery Service – a third party providing goods transportation, courier, or postal delivery services.

3. SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes, under the terms and conditions defined in this Agreement, to sell the Goods based on the Order placed by the Buyer on the relevant page of the Website, and the Buyer undertakes, under the terms and conditions defined in this Agreement, to purchase and pay for the Goods.

3.2. The Seller confirms that they possess all necessary permits to conduct business activities regulating the legal relations arising and operating during the execution of this Agreement. The Seller also guarantees that they have the right to manufacture and/or sell the Goods without any restrictions, in accordance with the current legislation of Ukraine, and undertakes to be liable in case of any violation of the Buyer’s rights during the execution of this Agreement and the sale of the Goods.

4. RIGHTS AND OBLIGATIONS OF THE BUYER

4.1. The Buyer shall:

Before accepting this Agreement, familiarize themselves with all its terms and provisions;
Review the information about the Goods (description, price, and delivery options) posted on the Website before placing and submitting an Order;
Properly pay for and receive the Order placed in accordance with the terms of this Offer, as set forth in this Agreement;
When registering and/or placing an Order, provide the Seller with complete and accurate information necessary for the delivery of the Order. The Buyer bears full responsibility for providing false information that results in the Seller’s inability to fulfill obligations properly;
Upon receipt of the Order, ensure the integrity and completeness of the Goods by inspecting the contents of the Order. In case of damages or incomplete items, record all discrepancies in a Report, which must be signed by both the Buyer and the delivery person;
Keep the relevant payment document (receipt, bank or payment system confirmation for non-cash payment, etc.) confirming the sale of the Goods within the period established by the current legislation of Ukraine for product returns;
Review the Delivery Service’s cargo transportation rules before placing an Order.

4.2. The Buyer has the right to:

Select Goods, place, and submit Orders on the relevant pages of the Website;
Demand that the Seller fulfill the obligations and conditions specified in this Agreement;
Refuse to accept and pay for Goods that are defective, incomplete, or do not correspond to the Order placed;
Opt out of receiving promotional materials or other commercial offers from the Seller sent to the Buyer’s e-mail address;
Exercise other rights provided for in this Agreement and by the current legislation of Ukraine.

5. RIGHTS AND OBLIGATIONS OF THE SELLER

5.1. The Seller shall:

Provide the Buyer with complete and accurate information about the Goods and their price by posting such information on the Website;
After confirming the Order, properly fulfill confirmed and valid Orders;
Under the terms of this Agreement, deliver the Goods to the Buyer in accordance with the sample selected on the relevant Website page and the placed Order;
Check the quality and quantity of the Goods during packaging and preparation for delivery;
Not disclose information about Buyers’ personal data, passwords, or other access data in accordance with the security rules published on the Website;
Deliver the Goods in accordance with the placed Order and the terms of this Offer;
Provide each Buyer the opportunity to opt out of receiving promotional materials and other commercial offers sent to the e-mail address specified during Website registration.

5.2. The Seller has the right to:

Require the Buyer to fulfill the obligations imposed on them under this Agreement;
Unilaterally suspend performance under this Agreement in case of the Buyer’s breach of its terms, as well as modify or terminate this Agreement. Such modification or suspension shall not apply to Orders already placed and accepted for fulfillment;
At their discretion, unilaterally amend the terms of this Offer by publishing a new version on the Website. The changes take effect from the moment of publication unless otherwise specified upon posting;
If the ordered Goods are unavailable, exclude the specified Goods from the Order/cancel the Buyer’s Order, with prior notification sent to the Buyer by e-mail or by a phone call from the Seller’s contact center operator to the number provided by the Buyer;
Post information about promotional campaigns and marketing activities conducted or planned by the Seller and/or third-party partners on the Website. In accordance with this Agreement and the Privacy Policy, the Seller may also send e-mails with news, promotions, marketing activities, or other commercial offers to Users’ e-mail addresses;
Organize the delivery of Orders by engaging third parties providing delivery services.

6. ORDER PLACEMENT PROCEDURE

6.1. The Buyer’s acceptance of the offer to conclude this Agreement is made by placing an Order for Goods in the Online Store under the terms specified in this Agreement.

6.2. The Buyer independently places an Order on the relevant Website page by adding Goods to the virtual shopping cart using the “Add to Cart” button or by placing an Order via e-mail or by phone as indicated in the Website’s contact section.

6.3. By clicking the “Place Order” button, the Buyer confirms that, in accordance with part 2 of Article 13 of the Law of Ukraine “On Consumer Protection,” they have been informed by the Seller about:

the Seller’s name, address, and procedure for filing complaints;
the main characteristics and consumer properties of the selected Goods;
the price of the selected Goods;
the method, procedure, and terms of payment and delivery of the selected Goods;
the Seller’s warranty obligations;
other conditions under which the Goods are offered for sale.

6.4. By clicking the “Place Order” button, the Buyer confirms that prior to ordering (purchasing) the Goods, they have received full, accurate, accessible, and timely information about the selected Goods in accordance with Article 15 of the Law of Ukraine “On Consumer Protection,” which has enabled them to make a conscious and informed purchase decision.

6.5. The Order formation period is up to 3 working days from the moment of placement. If the Order is placed on a weekend or holiday, the formation period starts from the first working day thereafter.

6.6. After placing an Order on the Website, the Buyer is informed of the approximate delivery date via an e-mail, text message, or phone call to the number specified during Order placement.

6.7. In case the ordered Goods are unavailable, the Seller must inform the Buyer using the contact details provided during registration on the Online Store’s Website. In such cases, the Buyer has the right to replace the Goods with another model or cancel the Order by calling the Seller’s contact phone number.

7. PRICE AND PAYMENT PROCEDURE

7.1. The price of the Goods offered for sale in the Online Store is indicated on the relevant page of the Website in the national currency of Ukraine (hryvnia) per unit of the Goods, and the monetary equivalent in foreign currency – euros (EUR) – is also provided. The total cost of the Order is determined by adding the prices of all selected Goods placed in the virtual shopping cart and the delivery cost, which is calculated depending on the value of the Order and the chosen delivery method according to the terms of this Agreement.

7.2. In case the price of the ordered Goods is incorrectly indicated, the Seller shall inform the Buyer thereof to confirm the Order at the corrected price or to cancel the Order.

7.3. The price of the Goods on the Website may be changed by the Seller unilaterally. However, the price of the Goods already ordered by the Buyer shall remain unchanged.

7.4. The Seller has the right to provide discounts on Goods and/or establish a bonus program, and/or offer Buyers to purchase several Goods or their combinations at once, as well as to offer Buyers, when purchasing certain Goods determined by the Seller, to buy another specific Goods at a discounted price. The types of discounts, bonuses, coupons, and the procedure and conditions for their accrual are indicated on the Website and may be changed by the Seller unilaterally.

The Buyer may pay for the ordered Goods by:

Using the Buyer’s payment card on the Website via the technical means provided by the respective legal entity performing the functions of an internet acquirer under an agreement with the Seller. Payment by payment card is possible if such functionality is available on the Website at the time of ordering the Goods;
100% (one hundred percent) non-cash payment to the Seller’s bank card.

7.6. When paying for the Order with a payment card, an additional commission may be charged by the card issuer. By clicking the “Place Order” button on the corresponding section of the Website, the Buyer acknowledges that the Seller has informed them about the possibility of such additional commissions when paying for international orders using Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro, and other cards.

8. ORDER DELIVERY

8.1. Delivery of Orders within Ukraine is carried out in accordance with the conditions specified on the Website. The ordered Goods are delivered by the Seller either by its own means or through engaged couriers and delivery services, depending on the delivery location and method specified by the Buyer in the corresponding Order. Delivery costs are paid by the Buyer.

8.2. If delivery is carried out by delivery services, the Buyer, by accepting this Agreement in full and unconditionally, agrees to the Cargo Transportation Rules of the respective delivery services. These rules can be found on the websites of the relevant delivery companies. Delivery and handover (transfer) of the ordered Goods by the delivery service “Nova Poshta LLC” are carried out under this Agreement, taking into account the special terms and conditions established by “Nova Poshta LLC”.

8.3. Orders are dispatched within 7 working days from the date of Order confirmation, provided the Goods are available, unless other terms are agreed upon during Order confirmation.

8.4. During delivery, the Goods are handed over to the Buyer or a third party specified in the Order as the Buyer or Recipient. If the Buyer is unable to receive the Order personally, it may be handed over to a person who can provide accurate information about the Order. Upon delivery, the courier service representative has the right to request an identity document from the recipient.

8.5. Regardless of the chosen delivery method, the Seller’s delivery obligation is considered fully fulfilled at the moment the Goods are handed over to the Delivery Service.

8.6. The risk of accidental loss and/or accidental damage to the Goods passes to the Buyer/Recipient from the moment the Order is handed over and the Buyer/Recipient signs the documents confirming delivery.

8.7. In case of delivery of Goods to another country, the Buyer shall pay customs duties in the amount and manner prescribed by the legislation of the destination country, as well as the delivery cost according to the terms and tariffs of the Delivery Service.

9. GOODS ACCEPTANCE PROCEDURE

9.1. Upon receiving the Goods, the Buyer/Recipient must inspect the Goods for quantity, quality, assortment, and completeness.

9.2. Acceptance of the Goods is carried out by the Buyer at the time of delivery or receipt of the Goods at the Seller’s address. If payment is made in cash, the transfer of the Goods to the Buyer is made only after full payment of their cost.

9.3. Upon receipt, the Buyer must check the external integrity of the packaging, then open it and personally ensure the proper external condition of the Goods, the absence of mechanical damages, and the completeness of the set.

9.4. If there are no claims regarding the quality or completeness of the Goods, the Buyer must accept the Goods.

9.5. The Seller must provide the Buyer with a payment document confirming the purchase and indicating the sale date. The Seller has the right to provide the Buyer with an electronic fiscal receipt by sending it to the Buyer’s provided phone number (via any messenger) or email address.

9.6. If, upon receipt of the Goods, the Buyer discovers any defects, the Buyer has the right to refuse to accept the Goods and terminate this Agreement or refuse acceptance and request replacement with the same or equivalent Goods available from the Seller.

10. EXCHANGE AND RETURN OF GOODS

10.1. The return of Goods shall be carried out in accordance with the Law of Ukraine “On Consumer Protection” No. 1023-XII dated May 12, 1991 (as amended).

10.2. The list of Goods of proper quality that are not subject to return is approved by the Resolution of the Cabinet of Ministers of Ukraine “On the Implementation of Certain Provisions of the Law of Ukraine ‘On Consumer Protection’” dated March 19, 1994, No. 172.

10.3. The return of Goods must be carried out by the Buyer in the original packaging in which the Goods were received. The return of the Goods and the refund are carried out according to the procedure and within the time limits established by the current legislation of Ukraine and this Agreement.

10.4. The return of Goods of proper quality, the delivery of which was carried out by a delivery service, shall be at the Buyer’s expense.

10.5. The returned Goods must be accompanied by a handwritten return request indicating the reason for the return. The return form can be requested from the administrator.

10.6. If, at the time of exchange, the identical Goods are not available for sale, the Buyer has the right to either purchase any other Goods from the available assortment with the corresponding recalculation of the value, or terminate the Agreement and receive a refund equal to the value of the returned Goods, or exchange the Goods for identical ones upon the next arrival of the respective Goods for sale.

10.7. Return of Goods of proper quality:

The return of Goods of proper quality is possible within 14 calendar days from the date of receipt, provided that the Goods have not been used and their commercial appearance, consumer properties, attached labels, tags, and factory packaging have been preserved. Writing on the packaging, including addresses or other inscriptions, is not allowed.
In case of termination of the Agreement and return of Goods already paid for by the Buyer via non-cash payment, the funds paid shall be refunded by the Seller within 7 (seven) days from the moment the Goods are returned.
The refund shall be made to the person specified in the return form. The refund is transferred to the bank card indicated in the form based on the value of the Goods at the time of purchase. Only the cost of the Goods is refunded. The cost of return shipping is covered by the Buyer. If the Buyer sends a return parcel at the expense of the recipient, the delivery cost will be deducted from the refund amount.

10.8. Return of Goods of improper quality:

Goods of improper quality refer to those that cannot fulfill their functional purpose. Differences in design elements, color, or appearance from those presented on the Website are not considered defects or grounds for recognizing the Goods as of improper quality and/or unsuitable for their intended use.
After receiving the Order, claims regarding external defects, quantity, completeness, or appearance of the Goods will not be accepted.
The Seller is not responsible for defects in the Goods that occurred after their transfer to the Buyer due to violations of usage or storage rules by the Buyer, actions of third parties, or force majeure circumstances.
If the reason for the return is a Seller’s error, the Buyer shall be refunded the full value of the Order. The Seller of the Online Store shall also pay for the return shipping. A Seller’s/Store’s error includes sending the wrong model, the wrong size, or a mismatch in color of the model compared to the photo. Slight differences in shade are not considered an error, as display colors may vary on different screens.
The Buyer’s claims shall not be satisfied if the Seller proves, based on an expert opinion, that the defects of the Goods occurred as a result of the Buyer’s violation of usage rules, storage conditions, or return conditions.

11. ADVERTISING

11.1. The Website may contain advertisements and marketing information provided by the Seller or third parties. Regarding such advertisements and marketing materials provided by third-party advertisers, the Seller cannot control their usefulness, accuracy, or completeness.

11.2. The Seller shall not be liable for any obligations arising from such advertisements, information, or agreements between Users or Buyers and the advertiser, including any losses that may occur due to the User’s or Buyer’s reliance on such advertisements.

12. CHANGES TO THE WEBSITE

12.1. The Seller may modify the Website from time to time as follows:

Change, add, or remove elements or features of the Website, for example, to improve functionality, ensure security, fix errors, or enhance performance;
Suspend the operation of the Website or restrict the use of or access to it;
Review, flag, modify, reject publication, block access to, or delete any Website content without prior notice or liability;
Restrict access to the Website and its content, block or remotely modify any content previously downloaded from the Website to your device if the Seller deems such actions necessary or appropriate at its discretion due to contractual obligations, legal changes, court decisions, or other reasons.

12.2. If the Seller removes content, restricts access to it, or otherwise blocks your access to any content, you should contact the provider of the relevant content directly.

13. INFORMATION EXCHANGE

13.1 The Seller uses the following third-party software providers:

analytics providers to analyze our performance and conduct marketing research;
customer relationship management software to manage and carry out our (electronic) marketing activities;
electronic notification service providers;
technical support and management software;
cloud hosting providers for storing and processing collected data;
feedback forms, app-to-app integration;
website personalization tools.

13.2 The service providers listed above process personal data solely based on our instructions. They are prohibited from using any of your personal data for their own purposes.

14. TERM AND TERMINATION OF THE AGREEMENT

14.1 This Agreement comes into effect from the date of its acceptance by the Buyer and remains in force until the Parties have fully fulfilled their obligations under it.

14.2 The Agreement may be terminated early:

By mutual consent of the Parties at any time;
At the initiative of either Party in the event of a breach of the Agreement by the other Party, by sending a written notice to the other Party. In this case, the Agreement is considered terminated from the moment the breaching Party receives such notice;
At the initiative of either Party, provided that written notice is sent to the other Party at least fourteen (14) calendar days prior to the termination date;
In other cases provided for by the current legislation of Ukraine.

15. OTHER TERMS

15.1 All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If the Parties fail to reach an agreement, the Buyer and/or Seller may refer the dispute to the courts in accordance with the applicable legislation of Ukraine.

15.2 The Seller may amend the terms of this Agreement at any time. In such a case, further use of the Online Store and its Services by the Buyer shall signify acceptance of the new terms and the updated Agreement. The Seller shall notify the Buyer of any significant changes by posting a notice on the website or sending an email (if necessary).

15.3 If the Buyer has any questions, they may contact the Seller using the contact information available on the Online Store’s website.

15.4 In the event of disputes related to the performance of this Agreement, except for disputes concerning debt collection from the Buyer, the Parties agree to resolve them through negotiations following a pre-trial claim procedure. The claim must be reviewed within 7 (seven) calendar days from the date of its receipt. For disputes related to debt collection, the pre-trial procedure is not required.

15.5 All disputes, disagreements, or claims arising from or relating to this Agreement, including those regarding its performance, breach, termination, or invalidity, shall be resolved in the relevant court in accordance with international and Ukrainian substantive and procedural law.

SELLER’S DETAILS:

Private Entrepreneur: VIKTORIIA OLEKSIIIVNA PROTSENKO

Ukraine, 61000, Kharkiv region,

City of Kharkiv, 21 Hraivoronska Street,

Apartment 1.

Tax ID: 3748704926