Under this Agreement, one party, the Seller, on one side, and any person who accepts the terms of this Public Offer Agreement — the Buyer, on the other side, collectively referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement). This Agreement, addressed to an unlimited number of persons, constitutes an official public offer by the Seller to conclude a purchase and sale agreement for the Goods, the photographs of which are posted in the relevant section of the Website https://nazarelli.store/.
By purchasing the Goods, the images of which are displayed on the respective pages of the Website https://nazarelli.store/, Buyers accept the terms of this Agreement as outlined below.
GENERAL PROVISIONS
1.1. The contractual relationship between the Seller and the Buyer is established in the form of a Public Offer Agreement. Clicking the “ORDER” button in the relevant section of the Website https://nazarelli.store/ signifies that the Buyer, regardless of their status (individual, legal entity, or sole proprietor), has accepted the terms of this Public Offer Agreement as specified below, in accordance with applicable international and Ukrainian law.
1.2. The Public Offer Agreement is public, meaning that, in accordance with Articles 633 and 641 of the Civil Code of Ukraine, its terms are the same for all Buyers, regardless of their status (individual, legal entity, or sole proprietor). By fully agreeing to this Agreement, the Buyer accepts the terms and conditions for placing an order, payment, and delivery of goods by the Seller, as well as responsibility for improper orders and non-compliance with the terms of this Agreement.
1.3. This Agreement becomes effective from the moment the Buyer clicks the “ORDER” button, thereby agreeing to purchase the Goods available from the Seller, and remains in effect until the Buyer receives the Goods from the Seller and completes full payment.
1.4. To govern the contractual relations under this Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international agreement, duly ratified by the Verkhovna Rada of Ukraine, establishes rules different from those provided by Ukrainian law, the rules of the international agreement shall apply.
TERMS AND DEFINITIONS
“Public Offer Agreement” – a public contract, the template of which is posted on the Website https://nazarelli.store/, and its application is mandatory. It contains the Seller’s offer for the purchase of Goods, images of which are displayed on the Website https://nazarelli.store/, addressed to an indefinite number of persons, including Buyers.
“Acceptance” – the Buyer’s acceptance of the Seller’s offer to purchase Goods, images of which are displayed on the Website https://nazarelli.store/, by adding them to the virtual cart and submitting an Order.
“Goods” – items for sale (product, accessory, components, accompanying items, or any other items for trade) for which the Seller has made an offer on the Website https://nazarelli.store/.
“Buyer” – any legally capable individual, legal entity, or sole proprietor, in accordance with current Ukrainian legislation, who visits the Website https://nazarelli.store/ and intends to purchase Goods.
“Seller” – a sole proprietor, in accordance with current international and Ukrainian legislation, who owns and distributes Goods and intends to sell them via the Website https://nazarelli.store/.
“Order” – a properly completed and submitted application on the Website https://nazarelli.store/ from the Buyer to the Seller for the purchase of Goods.
“Legislation” – the norms established by Ukrainian or international law to regulate the contractual relations under the Agreement.
“Significant defect of Goods” – a defect that renders the use of the Goods for their intended purpose impossible or inadmissible, caused by the manufacturer’s (Seller’s) fault, and after elimination, reappears for reasons independent of the consumer.
SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes, under the terms and procedures specified in this Agreement, to sell the Goods based on the Order placed by the Buyer on the respective page of the Website https://nazarelli.store/, and the Buyer undertakes, under the terms and procedures specified in this Agreement, to purchase the Goods and pay for them.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of any dispute, are not under arrest, and are free of any third-party rights.
3.3. The Seller and the Buyer confirm that this Agreement is not a sham or simulated transaction, nor is it a transaction concluded under duress or deceit.
3.4. The Seller confirms that they have all the necessary permits to carry out business activities related to the legal relationships arising and operating in the course of executing this Agreement. The Seller also guarantees that they have the right to manufacture and/or sell the Goods without any restrictions, in compliance with the requirements of current Ukrainian legislation, and undertakes to bear responsibility in the event of any infringement of the Buyer’s rights during the execution of this Agreement and the sale of the Goods.
RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The Seller is obligated to:
- Comply with the terms of this Agreement.
- Fulfill the Buyer’s order upon receiving payment from the Buyer.
- Deliver the Goods to the Buyer according to the selected sample specified on the relevant page of the Website https://nazarelli.store/, the completed Order, and the terms of this Agreement.
- Inspect the quality and quantity characteristics of the Goods during packaging at the warehouse.
- Inform the Buyer about any possible additional commission fees for European orders paid with Mastercard, Visa, Visa Electron, Mastercard Electronic, or Maestro cards by notifying them within this Agreement.
4.2. The Seller has the right to:
- Unilaterally suspend the provision of services under this Agreement in case of violation of its terms by the Buyer.
4.3. The Seller:
Individual entrepreneur Anna Anushavanovna Nazaryan, acting based on the Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Formations (registration number 2010350000000370176 dated August 4, 2023), taxpayer registration number 3061708586, hereinafter referred to as the “Principal.”
Details:
Individual entrepreneur
Anna Anushavanovna Nazaryan
Taxpayer Identification Number (TIN): 3061708586
Location: 61003, Kharkiv region,
Kharkiv city, Universytetska Street, building 37/39, apartment 21
Bank account: UA583052990000026000011216240
at JSC CB PRIVATBANK
Contact phone: +38 (050) 848-6017
Email: nazarelli.store@gmail.com
RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The Buyer is obligated to:
- Timely pay for and collect the order under the terms of this Agreement.
- Familiarize themselves with the information about the Goods provided on the Website https://nazarelli.store/.
- Upon receiving the Goods from the delivery person, ensure the integrity and completeness of the Goods by inspecting the contents of the packaging. In case of any damage or incomplete set of Goods, document the issues in an act that must be signed by both the Buyer and the delivery person.
5.2. The Buyer has the right to:
- Place an order on the relevant page of the Website https://nazarelli.store/.
- Demand that the Seller fulfill the terms of this Agreement.
- Be informed of any possible additional commission fees when paying for European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, or Maestro cards.
ORDERING PROCEDURE
6.1. The Buyer independently places an Order on the relevant page of the Website https://nazarelli.store/ by adding Goods to the virtual cart using the “Add to Cart” button, or by placing an order via email or the phone number provided in the “Contacts” section of the Website https://nazarelli.store/.
6.2. The Order processing time is up to 3 business days from the moment it is placed. If the Order is submitted on a weekend or public holiday, the processing time begins on the first business day following the weekend or holiday.
PRICE OF THE AGREEMENT AND PAYMENT PROCEDURE
7.1. The price of each individual Good is determined by the Seller and indicated on the respective page of the Website https://nazarelli.store/. The total price of the Agreement is calculated by adding the prices of all selected Goods placed in the virtual cart and the cost of delivery, which is determined based on the delivery method in accordance with the terms of Section 8 of this Agreement.
7.2. The total cost of the Order may vary depending on the price, quantity, or assortment of the Goods.
7.3. The Buyer may pay for the Order using the following methods:
- Bank transfer to the Seller’s current account as specified in the invoice, including via online banking. (The Buyer must pay for the Order within three days of receiving the invoice with a 100% prepayment requirement.)
- Cash on delivery upon receiving the Order at the delivery service office within Ukraine or in another country depending on the location of the Goods’ delivery.
- Credit card of the following types:
- Visa
- Visa Electron
- Mastercard
- Mastercard Electronic
- Maestro
- Any other payment method agreed upon with the Seller.
Note: When paying for the Order with a credit card, the card issuer may charge an additional fee, especially for European orders paid with Visa, Mastercard, Visa Electron, Mastercard Electronic, or Maestro cards. By clicking the “ORDER” button in the relevant section of the Website https://nazarelli.store/, the Buyer acknowledges that the Seller has informed them of the possibility of additional fees charged by the card issuer for European orders paid with Visa, Mastercard, Visa Electron, Mastercard Electronic, or Maestro cards.
TERMS OF RETURN OF GOODS
9.1. In accordance with Article 9 of the Law of Ukraine “On Consumer Rights Protection,” the Buyer has the right to exchange Goods of proper quality within fourteen days, excluding the day of purchase, unless a longer period is announced by the Seller. The Buyer’s right to exchange Goods is subject to the provisions of the law regarding the grounds and the list of Goods that cannot be exchanged or returned.
9.2. If the Buyer intends to return the Goods, such a return must be made in accordance with the “Returns” section of the Website, taking into account the rules and conditions of the courier or carrier applicable in Ukraine or in another country where the Goods were received.
9.3. If the Goods have any of the listed defects, the Buyer must document them in an act drafted in a free form. The act must be signed by the Buyer and the person who delivered the Goods or by the Seller. If possible, the defects should be documented using photo or video evidence. Within one (1) day, the Buyer must notify the manager (Seller’s representative responsible for processing the order) about the identified defects and arrange for the replacement of the Goods.
9.4. The Parties agree that failure to comply with the mandatory requirements of the specified procedure will be considered as the Buyer’s acceptance of the Goods in proper condition—without any mechanical damage and in complete set.
LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
10.1. The Parties are liable for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the procedures provided by this Agreement, as well as applicable international and Ukrainian legislation.
10.2. In the event of disputes related to the fulfillment of this Agreement by the Parties, excluding disputes regarding debt collection from the Buyer, the Parties undertake to resolve them through negotiations, adhering to a claims procedure. The claim review period is seven (7) calendar days from the date of its receipt. The claims procedure is not required for disputes concerning debt collection from the Buyer.
10.3. Any disputes, disagreements, or claims arising out of or related to this Agreement, including those concerning its performance, breach, termination, or invalidity, shall be resolved in the appropriate court in accordance with applicable international and Ukrainian substantive and procedural law.
FORCE MAJEURE
11.1. The Parties shall not be held liable for failure to fulfill any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure circumstances, i.e., events or circumstances beyond their reasonable control, occurring after the conclusion of this Agreement, and having an unforeseeable and unavoidable nature.
Force majeure circumstances include, but are not limited to, natural disasters, strikes, fires, floods, explosions, icing, wars (declared or undeclared), riots, loss of goods, delays caused by carriers due to accidents or adverse weather conditions, perils and accidents at sea, embargoes, catastrophes, restrictions imposed by government authorities (including rationing, priorities, official requirements, quotas, and price controls), provided these circumstances directly affect the performance of this Agreement.
11.2. A Party unable to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances must immediately notify the other Party in writing of the occurrence of such circumstances and, within 30 (thirty) calendar days, provide evidence of the force majeure circumstances. Such evidence may include a certificate or other relevant document issued by an authorized state body located at the place where the force majeure circumstances occurred.
11.3. The time required for the Parties to fulfill their obligations under this Agreement shall be extended for the duration of the delay caused by the aforementioned circumstances.
11.4. If the non-fulfillment of obligations under this Agreement due to force majeure circumstances continues for more than three months, either Party has the right to terminate this Agreement unilaterally by providing written notice to the other Party. Despite the occurrence of force majeure, the Parties must settle all mutual financial obligations before terminating this Agreement due to force majeure circumstances.
