These Terms, together with any other documents specified in these Terms, determine the rules for using the Platform, the terms of the Public Offer Agreement and the provision of services using the Platform.
Please read these Terms carefully. By using our Platform or placing an order, you agree to be bound by these Terms. If you do not agree with the Terms or any part of them, please do not use the Platform.
If you have any questions regarding these Terms, you can contact us by filling out the feedback form on our Platform.
TERMS AND DEFINITIONS
All capitalized terms have the following meanings:
- Website: Seller's website located on the Internet at: https://onisbalance.com/ (also referred to as the "Platform").
- You: User or Buyer, as the context requires.
- Contract: a sales contract concluded at a distance between the Buyer and the Seller, the terms of which are determined by these Terms.
- User: a visitor of the Website.
- Buyer: a User who places an order on the Platform to purchase the Goods presented on the Platform.
- The Seller or We: an individual entrepreneur Oleh Nerkararian, who operates in accordance with the legislation of Ukraine, with a registered legal address: 65058, Ukraine, Odessa, st. Marshala Govorova, house 3, apartment 21
- Goods: clothes, shoes, accessories and any other products from the range presented on the Platform for sale.
- These Terms are the only terms applied to usage of this Platform and replace any other terms.
- These Terms are subject to change, so we advise you to check them regularly to be accurately informed, as at the time you use the Platform or place an order, the actual Terms shall have to be applied.
- By using the Platform, you agree to the following provisions:
- You may only use the Platform for the purpose of placing legitimate requests and orders.
- You may not place speculative or fraudulent orders, or orders to commit fraud. If we have reason to believe that you have placed such an order, we may cancel the mentioned request and notify the competent state authorities.
- By placing orders on the Platform, you warrant that you are legally competent and at least 18 years old. If you are under 18, you warrant that you are using the Platform with parental or guardian permission.
- You agree not to copy, reproduce, create, republish, download, print, publish, recompile, broadcast, record, transmit or distribute in any way the web pages or materials of the Platform, or computer codes or elements of the Platform, except solely for personal use, without the prior written consent of the Seller.
- You may not modify or make any changes to the content of the Platform, including without limitation the removal of the Seller's logos and trademarks.
- You agree not to harm, disrupt or affect the security of any part of the Platform, its content, or any associated network or software.
- The Seller reserves the right to block access to the Platform to any User in case of violation of the provisions specified above in this clause of the Terms.
- In case you provided incomplete, incorrect or false information, we will not be able to fulfill your order.
AVAILABILITY OF GOODS
- Goods offered on the Platform are available throughout Ukraine, with the exception of temporarily occupied territories and settlements where the state authorities of Ukraine temporarily do not exercise their powers. If delivery to your address is not possible, we will inform you about it.
CONCLUSION OF THE AGREEMENT
- In accordance with the Agreement, the Seller transfers to the Buyer's ownership the Goods specified in the Buyer's order placed using the Platform, and the Buyer undertakes to pay for and accept the Goods in accordance with these Terms.
- Please note that the photographs accompanying the Product are simply illustrations to it and may differ from the actual appearance of the Product. The description / characteristics accompanying the Goods provide basic, but not comprehensive information about such Goods. You can familiarize yourself with the description of the Goods on the Platform, however, for more information, you should contact us by filling out the feedback form on our Platform. All certificates and declarations of quality, as well as hygiene certificates are provided at the request of the Buyer.
- You can place an order at your sole discretion on https://onisbalance.com/. If you have any further questions regarding placing orders, you can contact our customer service.
- The Platform provides the option to purchase the Product as a guest. If you choose this option, you provide only the data necessary to process your order. After completing the purchase, we will offer you to register or continue using the Platform as an unregistered User.
- By confirming the order, you confirm that you are duly informed by the Seller in accordance with Part 2 of Article 13 of the Law of Ukraine "On Protection of Consumer Rights", including but not limited to:
- name and location of the Seller;
- the procedure for accepting claims;
- the main characteristics and properties of the selected Product;
- the price of the Goods, including delivery charges, and the terms of payment;
- warranty period of the Goods, conditions of its use;
- the period for accepting proposals (offer);
- the procedure for terminating the Agreement.
If you need to clarify any of the information specified above, you can contact us by filling out the feedback form on our Platform.
- The Contract is considered concluded, and the Seller's offer to conclude it is considered fully accepted (accepted) by the Buyer from the moment the order is confirmed by the Buyer.
- After confirming and placing your order, you will receive an email with information about your order. Please read this message carefully. If errors are found in your order, please inform us immediately using the feedback form on the Platform.
AVAILABILITY OF GOODS
- All ordered Goods are subject to availability.
- If the Product ordered by you is not available, we will immediately, but no later than within thirty (30) days following the day you placed the order, inform you with a respective notification to your email address and we will have the right to exclude the relevant Product. from order / cancel order.
- In case the prepaid order is canceled in whole or in part, its cost in the relevant part is returned to the Buyer.
PRICE AND PAYMENT
- Prices shown on the Website include VAT, but do not include shipping costs. The price communicated to you prior to making the purchase is shown on the shipping notice and is the current price of your order.
- Prices are subject to change at any time, however (subject to the exceptions noted above) any change should not affect orders that were placed and confirmed prior to the corresponding price change.
- Please keep in mind that we will not refund changes in the price of Products in the case any discounts to be applied.
- You can pay for the order using Visa, MasterCard payment cards, or in cash after receiving the order, unless otherwise provided by these Terms. Depending on the method of payment, certain restrictions may apply to the amount of your transactions.
- Please note that according to the legislation of Ukraine, cash payment on delivery can be carried out for an amount that does not exceed UAH 50,000.
- According to the current legislation, the sale of goods through the Platform is subject to VAT. For the purposes of VAT taxation, the place of delivery of the Goods is the customs territory of Ukraine.
- Delivery of goods is carried out by authorized or third parties on Our behalf (such as delivery services "Nova Poshta" and others). All delivery terms apply in accordance with the delivery terms and conditions of the above mentioned persons.
- Delivery is considered completed or the order to be delivered at the time of signing the documents on receipt of the order at the agreed delivery address. If you choose the delivery method "Pick up the order at the store", the delivery is considered to be carried out at the moment you receive the Goods.
- Together with the Goods, the Seller transfers to the Buyer the corresponding payment document (cash register receipt).
RISK OF ACCIDENTAL LOSS AND TRANSFER OF OWNERSHIP
- The risk of accidental loss of the Goods passes to you from the moment the right of ownership arises, namely from the moment the Goods are transferred to you in the store or from the moment the Goods are handed over to the courier for delivery.
RULES OF EXCHANGE AND RETURN OF GOODS
- Buyer has the right, within 14 (fourteen) working days from the date of receipt of the ordered Goods of good quality (excluding the day of receipt of the Goods), to exchange these goods for another similar goods from the Seller if the received goods did not satisfy the Buyer in shape, dimensions , style, color, size or for other reasons, or the goods cannot be used by the Buyer for their intended purpose.
- Exchange of good quality Goods is carried out if it has not been used and if its presentation, consumer properties, seals and labels are preserved.
- The list of Goods not subject to exchange and return on the grounds specified in clause 10.1. of this Agreement, approved by the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172.
- The exchange of the Goods of good quality, as well as the exchange (replacement) of the Goods with significant defects, is carried out by the Seller on the basis of a written application from the Buyer sent together with the Goods to the Seller.
- The Buyer's requirements for the exchange of the Goods of good quality, as well as the Buyer's requirements for the exchange (replacement) of the Goods with significant defects, if the Seller has the Goods necessary for the exchange or replacement, are subject to immediate satisfaction by the Seller, but in any case no later than 14 (fourteen) working days from the date of receipt from the Buyer specified in clause 10.4. of this Agreement Statement.
- The exchange of the Goods of good quality, as well as the exchange (replacement) of the Goods with significant defects, is carried out by the Seller if the Buyer has an appropriate settlement document of the established form (receipt, sales receipt or cash register receipt) confirming the sale of the Goods to the Buyer, with a mark on the date of sale (date of transfer) of the goods ...
- If at the time of the Buyer's request to the Seller with the requirement to exchange the Goods of good quality for another similar goods, the Buyer needs to exchange the goods and will not be on sale from the Seller, the Buyer has the right to:
- either exchange the purchased Goods for any other goods from among the Goods available for sale, Seller with the appropriate recalculation of the cost of the Goods in accordance with the current legislation of Ukraine,
- or terminate this Agreement in the manner prescribed by section 9 of this Agreement,
- or exchange the received product for another similar product at its first entry into the sale from the Seller. At the same time, the Seller undertakes to inform the Buyer about this on the day such Goods enter the sale.
- The return by the Buyer of the Goods of good quality, as well as the return by the Buyer of the Goods with significant defects in connection with the exchange or replacement of such Goods, is carried out in the manner prescribed by section 10 of this Agreement.
- Our liability in relation to any Products purchased through the Platform is limited to the value of that Product.
- The Seller is released from liability for violation of the Terms if such violation is caused by force majeure circumstances, which include any actions, events, occurrence of events, acts of inaction or unforeseen situation beyond our reasonable control, and, in particular, includes without limitation the following circumstances:
- strikes, blockages or other conflicts;
- civil unrest, riots, invasion, terrorist attacks or threat of terrorist attacks, military action (with or without a declaration of war), threat of military action or preparation for military action;
- fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters;
- inability to use railways, ships, air transport or cars, as well as other public and private vehicles;
- inability to use public or private telecommunication networks;
- acts, decrees, ordinances or restrictions of any government;
- any strikes of workers of transport companies, mail or other types of strikes in transport companies, failure to provide services by transport companies or accidents.
- Under no circumstances, we are not liable for:
- indirect losses of the Buyer or third parties that arose as derivatives of major losses or damage, in any way and due to legal violations (including negligence) violation of the terms of the Agreement or for any other reasons, even if such loss or damage could be foreseen, including without limitation such losses:
- loss of profit or income;
- lost business opportunities;
- failure to conclude a contract;
- loss of anticipated savings;
- data loss;
- losses resulting from improper management and loss of working time.
- any actions and / or inaction that are a direct or indirect result of any actions / inaction of any third parties;
- use (impossibility of use) and any consequences of use (impossibility of use) by the Buyer of the chosen form of payment for the Goods.
- Our Platform may contain links to websites and materials of third parties. These links are provided for informational purposes only and we have no control over the content of such websites and materials. Accordingly, we are not liable of any nature for any loss or damage that may arise from the use of such links.
COMMUNICATIONS AND FEEDBACK
- You can send any messages through the feedback form on our Platform.
- To communicate with you, we use your contact information specified when placing an order or request. We may send you emails.
- We'd love to hear your comments and feedback. You can send your comments and feedback through the feedback form on our Platform.
INTELLECTUAL PROPERTY AND PERSONAL DATA
- Intellectual property rights to all software, trademarks and materials provided on or with the Platform belong to the Seller and / or its licensors/licensees/rightholders and are protected by copyright laws. Their storage, printing and display are possible exclusively for personal use. No one other than the Seller has the right to publish, modify, distribute or in any other way reproduce in any format any materials or copies thereof provided or posted on the Platform, and does not have the right to use such materials for any commercial purposes.
TRANSFER OF RIGHTS AND OBLIGATIONS
- These Terms and contract concluded between us and you are binding on you, us, and our respective successors and assignees.
- You may not derogate, encumber or otherwise alienate the Agreement or any rights and obligations arising from such Agreement without our prior written consent, except as expressly provided for in these Terms.
- We have the right, without your consent, to transfer, withdraw, encumber, subcontract or otherwise dispose of the Agreement at any time during the term of the Agreement. To avoid ambiguous interpretations, any such transfer, assignment, encumbrance or other alienation does not affect your rights granted to you as a buyer by applicable law, does not cancel, diminish or otherwise limit any warranty that may be provided to you by us.
INVALIDITY OF PROVISIONS
- In the event that any provisions of these Terms and / or provisions of the Public Offer Agreement are recognized by a court or other competent authority as invalid in whole or in any thereof part, or in the opinion of both parties they are such that they cannot be fulfilled, such provision is fulfilled to the maximum the possible extent to implement the intentions of the parties, and the remaining Terms and (or) the Agreement remain in full force and effect.
OUR RIGHT TO CHANGE THESE TERMS
- By placing an order, you accept these Terms as posted on the Platform at the time you place your order.
- We have the right to revise and change these Terms and Conditions from time to time.
DETAILS OF THE RESPONSIBLE PERSON
Individual entrepreneur: Sadliy Yanina Ivanivna
Legal addresses: Khmelnytskyi str. Volodymyrska 1/2, flat 62