Public Offer Agreement
This Agreement is a public agreement – a public offer agreement, meaning that under Article 633 of the Civil Code of Ukraine, its terms are identical for all buyers, regardless of their status (individual, legal entity, or sole proprietor). By fully accepting this Agreement, the Buyer agrees to the terms and procedure for ordering, paying for, and delivering goods.
This Agreement is concluded between the online store https://lovellie.com.ua/ (hereinafter – the "Seller") and any legal entity, sole proprietor, or individual using the services of the online store (hereinafter – the "Buyer"). It sets forth all essential terms for remote sales transactions (i.e., via the online store).
The terms of this Agreement are governed by the Law of Ukraine "On Consumer Rights Protection" No. 1023-XII dated May 12, 1991, the Rules for Retail Trade of Non-Food Products approved by the Order of the Ministry of Economy of Ukraine No. 104 dated April 19, 2007.
This Agreement constitutes a public offer and, under current Ukrainian law, is legally binding.
1. General Provisions
1.1. This Agreement is a public offer (under Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all essential terms for the remote sale of goods via the online store.
1.2. According to Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this public offer is confirmed by the Buyer clicking a button clearly labeled with a phrase such as “Order with Obligation to Pay” or similar, and making a 100% payment for the order.
1.3. Acceptance of the public offer also occurs when the Buyer registers on the website of the online store.
1.4. By entering into this Agreement, the Buyer confirms that they have fully reviewed and agreed to its terms, and if the Buyer is an individual, they also consent to the processing of their personal data for the purposes of fulfilling this Agreement, mutual settlements, and receiving invoices and other documents. Consent to data processing is valid for the entire term of this Agreement. The Buyer confirms that they have been informed about their rights under the Law of Ukraine "On Personal Data Protect...
2. Definitions
2.1. "Online Store" – the Seller’s website https://lovellie.com.ua/ created for concluding retail and wholesale sales contracts based on the Buyer's review of the Seller’s product descriptions and photos, without direct contact with the goods – a remote sales method.
2.2. "Goods" – the list of products offered in the online store.
2.3. "Personal Data" – any information that directly or indirectly relates to a specific individual.
2.4. "Significant Defect" – a defect that makes it impossible or unacceptable to use the product as intended, caused by the manufacturer (Seller), recurs after being fixed, and meets at least one of the following criteria:
a) cannot be eliminated;
b) requires more than fourteen calendar days to eliminate;
c) makes the product substantially different from what was agreed.
3. Subject of the Agreement
3.1. The Seller agrees to transfer ownership of the Goods to the Buyer, and the Buyer agrees to pay and accept the Goods under the terms of this Agreement.
3.2. This Agreement governs the purchase and sale of goods in the online store, including:
a) the Buyer’s voluntary selection of products by category;
b) the Buyer’s independent order placement on the site;
c) the Buyer’s payment for the order;
d) the fulfillment and transfer of the order to the Buyer.
4. Ordering Procedure
4.1. The Buyer independently places an order online in the online store or by using telephone communication through the contacts specified on the website.
5. Price and Payment Procedure
5.1. The full price of the product is indicated on the pages of the Seller’s online store.
5.2. Prices for Goods and services may change depending on market conditions, which is reflected on the online store. The Seller may not change the price for a particular Buyer if that Buyer has already accepted the Seller’s offer and paid for the Goods under the terms of this Agreement.
5.3. The Buyer shall pay for the order via 100% prepayment through online acquiring services (such as LiqPay, WayForPay, or others) or by another method specified on the Seller’s website. Cash-on-delivery (COD) is not available for domestic orders within Ukraine. Orders are processed only after full payment is received.
6. Delivery of the Order
6.1. The Goods are shipped to the Buyer only after the order is confirmed and full payment (100%) has been received by the Seller. No shipment will be processed without prior payment.
6.2. Delivery and return of the Goods are performed by the Seller or a shipping company (carrier) at the Buyer’s expense. The total delivery time shall not exceed 10 days.
6.3. The cost of delivery is not specified on the website, as it depends on the rates of the selected shipping company.
6.4. For wholesale orders, delivery terms and methods are agreed separately in each individual case.
6.5. The Seller is not responsible for the delivery time, as it depends on the actions of third parties (carriers).
6.6. Delivery charges are paid by the Buyer directly to the carrier upon receipt of the Goods. The exact delivery cost is determined by the selected shipping company. Delivery fees are separate from the cost of Goods and are not included in the order total.
7. Return of Goods of Proper Quality
7.1. The Buyer has the right to exchange Goods of proper quality for similar Goods from the Seller if the purchased Goods do not meet their expectations in terms of shape, size, design, color, or other features, provided the following conditions are met:
a) the request for exchange is made within 14 calendar days from the day following the purchase date;
b) the Goods have not been used, retain their original appearance, consumer properties, labels, protective films, and undamaged original packaging;
c) the Goods show no signs of wear, scratches, damage, or other defects, and are fully functional;
d) the full set of the sold Goods is preserved;
e) the Buyer presents a receipt or proof of purchase for the Goods.
7.1.1. This right does not apply to cosmetic and personal hygiene products that have been opened or used, in accordance with the applicable EU and national regulations.
7.2. If the conditions listed in clauses a) through e) of 7.1 are not met, the Seller reserves the right to refuse an exchange.
7.3. The Buyer shall bear all transportation costs related to the return or exchange under clause
7.4. When exchanging Goods, the warranty period restarts from the date of exchange.
7.5. If a replacement for the exchanged item is not available, the Buyer may:
a) choose another product from the available assortment with the price adjusted accordingly;
b) cancel the purchase and receive a refund equal to the value of the returned item;
c) wait until the replacement becomes available.
7.6 The Buyer shall bear the direct cost of returning the goods in case of withdrawal, unless otherwise stated on the Seller’s website.
8. Rights and Obligations of the Parties
8.1. The Buyer is obliged to:
a) review the information about the Goods posted on the Seller’s website;
b) independently place an order on the website;
c) timely pay for and collect the order from the Carrier according to this Agreement;
d) upon receiving the Goods from the Carrier, inspect the packaging for integrity and completeness. In case of visible damage or missing items, record these issues in a written report signed by both the Buyer and the Carrier’s representative.
8.2. The Buyer has the right to:
request the Seller to fulfill the terms of this Agreement in good faith.
8.3. The Seller is obliged to:
a) comply with the terms of this Agreement;
b) deliver the Goods to the Buyer in accordance with the selected model, order specifications, and this Agreement;
c) the online store is not responsible for actions or inactions of third parties and cannot be held liable for losses incurred by the Buyer as a result of such actions.
8.4. The Seller has the right to:
suspend the provision of services unilaterally if the Buyer violates the terms of this Agreement.
9. Acceptance of Goods by the Buyer
9.1. Upon receiving the Goods from the warehouse, courier, or Seller, the Buyer must inspect the packaging for integrity, then open it and check the physical condition and completeness of the Goods (absence of mechanical damage, all items included).
9.2. If any defects described in clause 9.1 are found, the Buyer must document them in a free-form report signed by both the Buyer and the Carrier or Seller’s representative. The Buyer must notify the Seller within 1 (one) day from the date of report signing and agree on the replacement of the Goods.
9.3. If the Buyer does not comply with this inspection procedure, the Goods are considered accepted in proper condition — without damage and with all components.
9.4. If significant defects or counterfeit are discovered during the warranty period (or shelf life), confirmed by an expert conclusion, the Buyer has the right to:
a) terminate the contract and receive a refund;
b) request a replacement of the Goods with the same or similar product available from the Seller.
9.5. If the Seller confirms the presence of a significant defect and the Buyer chooses a refund, the funds shall be returned to the Buyer’s specified account within 7 (seven) calendar days after the Goods are returned.
9.6. In cases of replacement due to defective Goods, the shipping costs are borne by the Seller.
9.7. In any case, Goods must be returned in their original packaging, maintaining their commercial appearance and consumer properties.
9.8. All other warranty-related issues not covered by this Agreement are governed by the manufacturer’s warranty policy or, if not defined, by the applicable laws of Ukraine.
9.9 For EU consumers, the Seller provides a legal conformity guarantee of two years from the date of delivery.
10. Liability of the Parties
10.1. The Parties are liable for failure or improper performance of this Agreement in accordance with its provisions and current Ukrainian legislation.
10.2. In case of force majeure, the Parties are released from fulfilling their obligations under this Agreement. Force majeure refers to extraordinary, unavoidable, and unforeseeable events that prevent performance, and which the Parties could not foresee or prevent.
10.3. The Party affected by force majeure shall notify the other Party in writing via email within five (5) calendar days of the occurrence.
10.4. If force majeure continues for more than five (5) months, either Party may terminate the Agreement unilaterally by notifying the other Party in writing.
10.5. The Parties shall make every effort to resolve any disputes through negotiation.
11. Other Conditions
11.1. The Seller reserves the right to unilaterally amend this Agreement with prior publication on the website https://lovellie.com.ua/.
11.2. The online store is created to enable remote sales of Goods via the Internet.
11.3. The Seller is not responsible for the accuracy or content of information provided by the Buyer when placing an order.
11.4. The Buyer is responsible for the accuracy of the information provided when placing an order.
11.5. Payment by the Buyer for an order made through the online store indicates full agreement with the terms of this Public Offer Agreement and constitutes the date of conclusion of the sales contract between the Seller and the Buyer.
11.6. Using the online store’s website to view products or place orders is free of charge for the Buyer.
11.7. Information provided by the Buyer is confidential. The Seller uses this information exclusively to operate the online store (sending order updates, promotional messages, etc.).
11.8. By accepting this Agreement or registering on the website https://lovellie.com.ua/ (filling out the registration form), the Buyer voluntarily consents to the collection and processing of their personal data by the Seller in the registered database for the following purposes: processing orders, providing order information, and sending marketing messages via telecommunications (email, mobile). The Seller has the right to send messages and materials to the Buyer's postal address, email, or phone.
11.9. The Buyer grants the Seller the right to process personal data, including storing, accumulating, updating, changing, and deleting such data. The Seller ensures protection against unauthorized access and does not share data with third parties, except for affiliates, commercial partners, or when required by law.
11.10. If the Buyer no longer wishes to receive promotional messages, they may contact the Seller in writing or via email to unsubscribe.
12. Term of the Agreement
12.1. This Agreement enters into force upon order placement or registration on the website https://lovellie.com.ua/ and remains valid until all obligations are fulfilled.
13. Appendix: Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
— To: [Seller’s Name, Address, Email]
— I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods:
— Ordered on () / received on ():
— Name of consumer(s):
— Address of consumer(s):
— Signature of consumer(s) (only if this form is notified on paper):
— Date:
() Delete as appropriate.
Seller's details:
Sole Proprietor: Rudyi Oleksandr Vasylovych
Location: Mahistratska Street 156 A, Office 137, Vinnytsia, Ukraine
Tax ID: 2499204392
IBAN: UA383510050000026006098767400
Bank: JSC “UkrSibbank”, MFO: 351005
Phone: +38 (067) 416 39 89