This contract is the official and public offer of the Seller to conclude a sales contract for the Goods presented on the websiteptichkinsad.comThis contract is public, which means, according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers, regardless of their status (individual, legal entity, sole proprietor), without giving preference to one buyer over another. By concluding this Contract, the buyer fully accepts the terms and conditions of order placement, payment for goods, delivery of goods, return of goods, liability for fraudulent orders, and all other terms of the contract. The contract is considered concluded from the moment the 'Confirm Order' button is clicked on the order page in the 'Cart' section, and the Buyer receives confirmation of the order from the Seller electronically.

1. Definitions

• 1.1. Public Offer (hereinafter referred to as the 'Offer') – the public offer of the Seller, addressed to an indefinite number of persons, to conclude a sales contract for goods remotely (hereinafter referred to as the 'Contract') under the conditions set forth in this Offer.
• 1.2. Goods or Services – the object of the transaction between the parties, which was selected by the buyer on the website of the Online Store and placed in the cart, or already purchased by the Buyer from the Seller remotely.
• 1.3. Online Store – the Seller's website at created for concluding retail and wholesale sales contracts based on the Buyer's review of the Goods offered by the Seller via the Internet.
• 1.4. Buyer – a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the Online Store website for purposes unrelated to business activities, or a legal entity or sole proprietor.
• Seller – Sole Proprietor 'Betliy Ihor Ihorovych' (identification code 3193400599), a legal entity established and operating under the laws of Ukraine, with a registered office at: 01103, Kyiv, Mykhaila Boichuka St., 20.

2. Subject of the Contract

2.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Contract.

2.2. The date of conclusion of the Offer Contract (acceptance of the Offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract is the date the Buyer completes the order form on the Online Store website, provided the Buyer receives confirmation of the order from the Seller electronically. If necessary, at the Buyer's request, the Contract may be executed in writing.

3. Order Processing

• 3.1. The Buyer independently places an order in the Online Store via the 'Cart' form, or by placing an order via email or phone number specified in the contact section of the Online Store.
• 3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts about its validity.
• 3.3. When placing an order on the Online Store website, the Buyer must provide the following required information necessary for the Seller to fulfill the order:
• 3.3.1. Buyer's surname and first name;
• 3.3.2. Address for delivery (if delivery to the Buyer's address);
• 3.3.3. Contact phone number.
• 3.3.4. Identification code for a legal entity or sole proprietor.
• 3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer's cart on the Online Store website.
• 3.5. If either Party to the contract requires additional information, they have the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing a high-quality service to the Buyer when purchasing goods from the Online Store.
• 3.6. When placing an order through the Seller's operator (p. 3.1 of this Offer), the Buyer must provide the information specified in p. 3.3 – 3.4 of this Offer.
• 3.7. The Buyer's acceptance of the terms of this Offer is made by the Buyer entering the relevant data in the registration form on the Online Store website or when placing an Order through the operator. After placing an Order through the Operator, the Buyer's data is entered into the Seller's database.
• 3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
• 3.9. By concluding the Contract, i.e., by accepting the terms of this Offer (the proposed terms of purchasing the Goods), by placing an Order, the Buyer confirms the following:
• a) The Buyer has fully read and agrees with the terms of this Offer;
• b) They give permission for the collection, processing, and transfer of personal data, and this permission for the processing of personal data is valid for the entire duration of the Contract, as well as for an unlimited period after its expiration. In addition, by concluding the Contract, the Buyer confirms that they have been informed (without additional notification) of the rights established by the Law of Ukraine 'On the Protection of Personal Data', the purpose of collecting data, and that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Contract, conducting settlements, and receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to grant access to and transfer their personal data to third parties without any additional notifications to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a personal data subject under the Law of Ukraine 'On the Protection of Personal Data' is known and understood.

4. Price and Delivery of Goods

• 4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices for Goods and services on the website are indicated in UAH, excluding VAT.
• 4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of an individual unit of Goods, the full price of which has been paid by the Buyer, cannot be changed by the Seller unilaterally.
• 4.3. The cost of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer. The Buyer pays for the delivery of the Goods according to the current rates of delivery services (carriers) directly to the selected delivery service (carrier).
• 4.4. The cost of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer's address.
• 4.5. The Seller may indicate an estimated cost of delivery of the Goods to the Buyer's address when the Buyer contacts the Seller with a request by sending an email or placing an order through the Online Store operator.
• 4.6. The Buyer's obligations to pay for the Goods are considered fulfilled at the moment the Seller receives the funds in their account.
• 4.7. Settlements between the Seller and the Buyer for the Goods are made in the ways specified on the Online Store website in the 'Payment and Delivery' section.
• 4.8. When receiving the goods, the Buyer must check the Goods for compliance with quality and quantity characteristics (name, quantity, completeness, expiration date) in the presence of the representative of the delivery service (carrier).
• 4.9. The Buyer or their representative, when accepting the Goods, confirms with their signature on the receipt/order/transport consignment note for the delivery of goods that there are no claims regarding the quantity, appearance, and completeness of the goods.
• 4.10. Ownership and risk of accidental loss or damage to the Goods pass to the Buyer or their representative from the moment the Goods are received by the Buyer at the delivery location in case of self-pickup from the Seller, or when the Seller hands over the goods to the delivery service (carrier) selected by the Buyer.

5. Rights and Obligations of the Parties

• 5.1. The Seller is obliged:
• 5.1.1. To deliver the Goods to the Buyer in accordance with the terms of this Contract and the Buyer's order.
• 5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as required by law and during the execution of the Buyer's Order.
• 5.2. The Seller has the right:
• 5.2.1 To change the terms of this Contract, as well as the prices of Goods and services, unilaterally, by posting them on the Online Store website. All changes take effect from the moment of their publication.
• 5.3 The Buyer is obliged:
• 5.3.1 Before concluding the Contract, to familiarize themselves with the content of the Contract, the terms of the Contract, and the prices offered by the Seller on the Online Store website.
• 5.3.2 For the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that unambiguously identify them as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.

6. Return of Goods

• 6.1 The procedure and conditions for the exchange and return of Goods of proper quality are defined in the 'Returns and Exchanges' section of the Online Store.
• 6.2 Exchange and return of Goods are carried out in accordance with the Law of Ukraine 'On Consumer Protection' No. 1024-XII dated May 12, 1991 (with amendments and additions).
• 6.3. The Buyer has the right to refuse the received Goods within 14 (fourteen) days from the date of receipt of such Goods, provided that the product appearance, consumer properties of the Goods, factory packaging, labels, and a payment document (electronic document, receipt, invoice, or another document confirming payment, with the date of settlement) are preserved.
• 6.4. According to part 1 of Article 9 of the Law of Ukraine 'On Consumer Protection' dated May 12, 1991, No. 1023-XII and in accordance with Resolution of the Cabinet of Ministers of Ukraine No. 172 'On the Implementation of Certain Provisions of the Law of Ukraine 'On Consumer Protection' dated March 19, 1994, cosmetic and perfume products of proper quality, sold in the Online Store, belong to the category 'Perfume and Cosmetic Products' and are not subject to exchange or return.
• 6.5. If the product is returned by the Buyer due to a delay in the dispatch of the order caused by the Seller's fault and the loss of relevance of such product for the Buyer, and/or in the event of a mismatch between the received product items and the order placed by the Buyer, and/or in the event of significant defects in the product indicating its poor quality, the Seller covers the costs of courier or delivery services when exchanging or returning such a product. In all other cases, the Buyer covers the delivery costs for the exchange and return of the product.

7. Liability

• 7.1. The Seller is not responsible for damage caused to the Buyer or third parties due to improper installation, use, or storage of the Goods purchased from the Seller.
• 7.2. The Seller is not responsible for improper or untimely execution of Orders and its obligations in the event the Buyer provides inaccurate or incorrect information.
• 7.3. The Seller and the Buyer are responsible for fulfilling their obligations under the current legislation of Ukraine and the provisions of this Contract.
• 7.4. The Seller or Buyer is released from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is the result of force majeure circumstances such as war or military actions, earthquake, flood, fire, and other natural disasters that occurred beyond the Seller's and/or Buyer's control after the conclusion of this contract. The party unable to fulfill its obligations shall immediately notify the other Party.

8. Confidentiality and Protection of Personal Data

• 8.1. By providing their personal data on the Online Store website during registration or when placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as to other actions provided for by the Law of Ukraine 'On the Protection of Personal Data', without limitation of the term of such consent.
• 8.2. The Seller undertakes not to disclose the information received from the Buyer. Disclosure of information by the Seller to contractors and third parties acting under a contract with the Seller, including for the purpose of fulfilling the Buyer's Order, is not considered a violation, as well as in cases where disclosure of such information is required by the current legislation of Ukraine.
• 8.3. The Buyer is responsible for keeping their personal data up-to-date. The Seller is not responsible for improper execution or non-fulfillment of its obligations due to outdated or inaccurate information provided by the Buyer.

9. Other Conditions

• 9.1. This contract is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
• 9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. If a disputed issue cannot be resolved through negotiations, the Buyer and/or Seller have the right to apply to the courts for dispute resolution in accordance with the current legislation of Ukraine.
• 9.3. The Seller has the right to make changes to this Contract unilaterally, as provided for in p. 5.2.1 of the Contract. In addition, changes to the Contract may also be made by mutual agreement of the Parties in the manner provided by the current legislation of Ukraine.

• SELLER'S ADDRESS AND DETAILS:
• Sole Proprietor 'Betliy Ihor Ihorovych'
• 01103, Kyiv, Mykhaila Boichuka St., 20
• IBAN UA703052990000026007016805411 at JSC 'PRIVATBANK'
• MFO: 305299
• Tax ID 3193400599
• Phone: (099) 1015713