Terms of service

This contract is an official and public offer of the VERBENA online store (hereinafter referred to as the Seller) to enter into a contract of sale of the Goods presented on the website https://verbena.com.ua/ .

This contract is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and conditions of placing an order, payment for goods, delivery of goods, return of goods, responsibility for an unscrupulous order 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 «Basket» section and the Buyer receives an order confirmation from the Seller electronically or by phone.

1. Definition of terms

1.1. Public offer (hereinafter – «Offer») - a public offer of the Seller, addressed to an unspecified circle of persons, to conclude a contract for the sale of goods with the Seller remotely (hereinafter – «Contract») through the online store on the website: https://verbena .com.ua/ on the terms contained in this Offer.

1.2. The product or service is the object of the agreement between the parties, which was selected by the buyer on the website of the online store and placed in the basket, or already purchased by the buyer from the seller remotely.

1.3. Online store – the Seller's website at the address https://verbena.com.ua/ is created for the conclusion of retail sales contracts on the basis of the Buyer's familiarization with the description of the Goods proposed by the Seller using the Internet.

1.4. The buyer is any person with legal capacity who, in accordance with the procedure provided for in this Agreement, has fully accepted all of its terms without exception.

1.5. The seller is a contact person - Sole proprietor - Foroshchuk Albina Igorivna, Code EDRPOU - 21030000000086988, phone number 0500343453, Ukraine, index - 69002, Zaporizhzhia region, city of Zaporizhzhia, Akademika Chabanenko street, building 11, apartment 31.

email: Albinavest@gmail.com

1.6. All other terms that are not separately defined in this Agreement are understood and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, customs of business turnover, as well as the purpose and subject of this Agreement.

2. Subject of the Agreement

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

2.2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of complete and unquestionable acceptance by the Buyer of the terms of the Agreement shall be considered the moment of delivery (handover) of the Goods under the conditions of full (100%) payment by the Buyer of the price of the Goods and/or the date of filling out the order form by the Buyer located on the Internet site store, provided that the Buyer receives confirmation of the order from the Seller in electronic form or by telephone. If necessary, at the request of the Buyer, the Agreement can be executed in writing.

3. Placing an order

3.1. The buyer places an order independently in the online store through the «Cart» form, or by placing an order by e-mail or at the phone number indicated 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 during the order placement is incomplete or raises suspicions about their validity.

3.3. When placing an order on the website of the online store, the buyer independently and at his own discretion chooses the available and offered goods for sale and:

- clicks the «Add to cart» button and independently fills out and sends the «Ordering» form to the Seller, in which, in particular, he must indicate his full name, his contact phone number, his e-mail address, the chosen method payment and desired place of delivery of the Goods.

3.4. The name, quantity, and price of the Goods selected by the Buyer are indicated in the Buyer's basket on the Internet store website.

3.5. If any of the Contracting Parties needs additional information, it has the right to request it from the other Party. If the Buyer does not request the necessary/additional information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.

3.6. When placing an order through the Seller's operator (clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 - 3.4. of this Offer.

3.7. After filling out the «Ordering» form, the Buyer must carefully familiarize himself with all the terms of this Agreement, and in case of acceptance of these terms in full - press the «Confirm order» button, which is considered the fact that the Buyer has sent the corresponding Order for the selected Product.

3.8. This Agreement is considered concluded, and the Seller's proposal for concluding this Agreement (offer) is fully accepted by the Buyer from the moment the Buyer clicks the «Confirm order» button on the website: https://verbena.com.ua/ .

3.9. By clicking on the «Confirm order» button, the Buyer confirms his full and complete agreement with all the terms of this Agreement without exception, including the terms of delivery and payment of the Goods at the prices indicated on the website of the online store on the date of conclusion of this Agreement by the Buyer.

3.10. By clicking on the «Confirm order» button, the Buyer confirms that he has been notified by the Seller of:

- location and working hours of the Seller;

- main characteristics and consumer properties of the Goods chosen by the Buyer;

- the cost of the Goods selected by the Buyer;

- method, procedure and conditions of payment and delivery of the Goods selected by the Buyer;

- procedure for accepting claims;

- the period of acceptance of the proposal (offer) regarding the conclusion of this public contract;

- procedure for terminating this Agreement;

- other conditions on which the Product is offered for sale.

3.11. By clicking on the «Confirm order» button, the Buyer confirms that he has received all the necessary, available, reliable and timely information about the selected Product in full and in accordance with the requirements of Article 15 of the Law of Ukraine «About the Protection of Consumer Rights», which is complete extent ensured the possibility of a conscious and competent choice of this Product.

3.12. Clicking the «Confirm order» button by the Buyer is considered unconditional and full acceptance by the Buyer of all the terms of this Agreement without exceptions, as well as entering into the relevant contractual legal relationship with the Seller. In the cases stipulated by the current legislation of Ukraine, this Agreement is concluded in writing.

3.13. The term of processing and processing by the Seller of the Order for Goods sent by the Buyer is up to 4 (four) business days from the date of filling and sending by the Buyer in the manner established in clauses 3.1-3.2. of this Agreement, the form of such Order for Goods. In the event that the specified Order for Goods was sent by the Buyer on a weekend or holiday, the term of processing and execution of this Order for Goods begins on the first working day after the weekend or holiday (* this clause applies only to the processing and execution of the order, and not to the period of production of the Goods ).

3.14. The buyer is responsible for the accuracy of the information provided when placing the Order.

4. Price and delivery of goods

4.1. Prices for the Goods are determined by the Seller independently and indicated on the website of the online store.

All prices for Goods are indicated on the website in the national currency - hryvnia.

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 a separate unit of the Product, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.

4.3. The price of the Product, which is indicated on the website of the online store, does not include the cost of delivery of the Product to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current rates of delivery services (carriers) directly to the delivery service (carrier) chosen by him.

4.4. The price of the Product indicated on the website of the online store does not include the cost of delivery of the Product to the Buyer's address.

4.5. The Seller can indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer makes a corresponding request to the Seller by sending a letter to the e-mail or when placing an order through the operator of the online store.

4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller on his account.

4.7. Payments between the Seller and the Buyer for the Goods are made by the methods indicated on the website of the online store in the «Method of payment» section.

4.8. Failure by the Buyer to fulfill his obligations regarding the payment of the Goods ordered by him is considered a unilateral refusal of the Buyer from this Agreement in full, which, accordingly, has the effect of terminating in full all obligations of the Seller that arose as a result of the Buyer's acceptance of the Seller's offer to conclude this Agreement.

4.9. All calculations under this Agreement are made exclusively in the national currency of Ukraine. The Seller may, for the convenience of informing some Buyers, also indicate the price in a foreign currency, while the amount to be paid in hryvnias is determined by the official exchange rate of the relevant currency on the day of payment.

4.10. If the Buyer has ordered the Goods with delivery, the Seller undertakes to meet the deadline specified in the corresponding automatic electronic notification about the processing of the Buyer's Order for the Goods, but in any case not later than 30 (thirty) calendar days from the moment of conclusion of this Agreement by the Buyer (acceptance by the Buyer the Seller's offers) to deliver the ordered Goods to the Buyer or the Recipient of the Goods to the place of delivery of the Goods specified by the Buyer in the relevant Order for the Goods.

4.11. Delivery of the Goods is carried out by the Seller in the manner and to the place specified by the Buyer in the relevant Order for the Goods.

4.12. The cost of delivery of the Goods ordered by the Buyer is determined depending on the place and method of delivery specified by the Buyer in the relevant Order for the Goods.

4.13. The delivery and delivery (handover) of the ordered Goods by means of the delivery service of LLC «Nova Poshta» is carried out in accordance with this Agreement, taking into account the specifics of the cargo delivery conditions established by LLC «Nova Poshta».

4.14. When receiving the goods, the Buyer must check the conformity of the Goods with the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date) in the presence of the representative of the delivery service (carrier).

4.15. The buyer or his representative, when accepting the goods, confirms with his signature on the goods receipt / or in the order / or in the waybill for the delivery of goods.

4.15.1. The signature of the Buyer or Recipient of the Goods on the second copy of the Order form for the Goods is unconditional confirmation of the following facts:

- receipt of the ordered Goods by the Buyer or the Recipient of the Goods;

- compliance of the ordered Goods with the Order sent by the Buyer for this Goods;

- absence of claims by the Buyer regarding the quality and completeness of the ordered Goods.

4.16. The right of ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative upon delivery by the Seller of the goods to the delivery service (carrier) chosen by the Buyer.

4.17. This Agreement is considered to be fulfilled at the moment of delivery (handover) to the Buyer or the Recipient of the Goods of the complete Goods ordered by the Buyer of the appropriate quality, which fully corresponds to the Order sent by the Buyer for this Goods.

4.18. The refusal of the Buyer or the Recipient of the Goods to accept the ordered Goods, which are of high quality, complete and fully correspond to the Order sent by the Buyer for this Goods and/or the refusal of the Buyer or the Recipient of the Goods to sign the documents for these Goods is considered a unilateral refusal of the Buyer from this Agreement in full, which , accordingly, has the effect of terminating in full all obligations of the Seller that arose as a result of the Buyer's acceptance of the Seller's proposal regarding the conclusion of this Agreement, except for the Seller's obligations to - return the funds paid by the Buyer for the Goods (in the event that such funds were paid) , and the Buyer has the obligation to pay for delivery (in case of ordering courier delivery of the goods).

5. Rights and obligations of the parties

5.1. The buyer is obliged to:

a) familiarize yourself with the information about the Product, which is posted on the Seller's website;

b) place an order on the website yourself;

c) timely pay and receive the order from the Carrier under the terms of this contract;

d) when receiving the goods from the carrier, make sure of its integrity and completeness by inspecting the contents of the package. In case of detection of damages and incomplete equipment, record them in the act, which must be signed by the employee of the carrier together with the Buyer;

e) notify the Seller of the non-delivery of the Goods at the time agreed upon by the Parties;

e) not to commit any actions, the implementation or attempted implementation of which involves the criminal, administrative or civil liability established in Ukraine.

5.2. The buyer has the right to:

a) require the online store to comply with the terms of this contract;

b) in case of detection of defects during the established warranty period (14 days from the moment of purchase of the goods), in accordance with the procedure established by law, demand:

- proportional price reduction;

- free of charge elimination of defects in the Goods within a reasonable period of time;

- reimbursement of expenses for the elimination of defects in the Goods.

- to demand replacement of the Product with the same Product or with a similar Product from among those available at the seller.

c) notify the Seller in writing of any claims related to the purchase of the Goods;

d) terminate the concluded Agreement by notifying the Seller about this within fourteen days from the moment of receipt of the Goods at the Courier Company branch, if the Goods did not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used by him as intended ;

e) other rights in accordance with current legislation and these Rules.

5.3. The seller is obliged to:

a) comply with the terms of this contract;

b) notify Buyers of changes to these Rules by posting the relevant changes on the Site;

c) deliver the goods to the Buyer in accordance with the selected sample placed in the online store, the completed order and the terms of this contract;

d) ensure the fulfillment of warranty obligations in accordance with the requirements of the Law of Ukraine «About the Protection of Consumer Rights» and these Rules;

e) accept appeals, statements, complaints and proposals from Buyers and provide answers to them within the time limit established by law;

f) The Seller is not responsible, cannot act as a defendant in court and does not compensate for losses incurred by the Buyer due to the action or inaction of third parties.

5.4. The seller has the right to:

a) make changes to these Rules by posting changes on the Site;

b) make changes to the assortment of Goods and change their prices without agreement with the Buyer, except for the Goods for which the order has been accepted from the Buyer;

c) in case of impossibility of fulfilling the Agreement due to the absence of the ordered Goods, notify the Buyer about this within 3 (three) calendar days, but no later than thirty days from the moment of receipt of the Buyer's order. At the same time, the Seller has the right to replace the Product in case of its absence with another Product, if:

- another Product corresponds to the purpose of use of the ordered Product;

- has the same or better quality;

- its price does not exceed the price of the ordered Product. At the same time, the Seller is obliged to agree the replacement of the Goods with the Buyer, and acceptance of the Goods by the Buyer is considered the latter's consent to such replacement;

d) unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement;

e) other rights in accordance with current legislation and these Rules.

6. The procedure for returning goods and refunding money

6.1. The buyer has the right to return the goods of proper quality within fourteen days, from the moment of receipt of the goods at the Courier company branch, if the goods did not satisfy him in terms of shape, dimensions, style, color or for other reasons cannot be used by him as intended, after receiving Order. Good quality goods are returned if they have not been used and if they have preserved their appearance, consumer properties, seals, labels, as well as the settlement document issued to the Buyer together with the sold goods. The goods rejected by the Buyer must be packed in the original undamaged packaging.

6.2. Partial redemption of the Order is not provided. The buyer has the right to redeem the Order in full or refuse it until the moment of payment for the goods in such Order.

6.3. In the event of defects, the Buyer is obliged to record them in a written deed of arbitrary form. The act must be signed by the Buyer and an employee of the carrier or the Seller. Within 1 (one) day from the moment of signing the Act, the Buyer is obliged to inform the manager (Seller's representative responsible for placing the order for the Goods) about the detected defects and agree on the replacement of the Goods.

6.4. In the case of termination of the Agreement (return of goods), a necessary condition for refunding money for the returned goods is the provision by the Buyer to the Seller of documents confirming the payment (purchase) of the returned goods.

6.5. Refunds for returned goods are possible only by non-cash settlement, namely: from the current account of the Seller to the current account in the national currency of the Buyer, opened at a bank that is a resident of Ukraine, including to such a current account of the buyer, transactions on which can be carried out with use of electronic means of payment (for example, a personal bank payment card).

Requisites for a refund for returned goods The Buyer must indicate in the Application for the return of goods. Cash refunds are not possible.

6.6. Refunds to the Buyer shall be made within 10 (ten) working days, but in any case no later than 30 (thirty) days from the moment of receipt of the Buyer's notice of termination of the Agreement and receipt of the Goods. After the transfer of funds, the Seller has the right to inform the Buyer by sending a corresponding message to his e-mail.

6.7. If the Buyer refuses the parcel, the shipment is returned to the sender, i.e., the online store. Payment for the return shipment of the parcel is paid by the buyer.

6.8. In the case of returning the Goods of proper or improper quality, the Buyer must return the Order to the address of the store from which the Order was sent by the Courier company that delivered the Order.

7. Procedure for termination of the Agreement

7.1. The Buyer has the right to terminate this Agreement in the cases and within the terms established by the current legislation of Ukraine, by notifying the Seller in accordance with the procedure established in Clause 7.2. of this Agreement.

7.2. Notice of termination of this Agreement shall be deemed to be the Buyer's application for the return of funds paid for the Goods, sent to the Seller in accordance with the procedure established by current legislation, taking into account the terms of the Agreement.

7.3. This Agreement is considered terminated from the moment the Seller receives the Buyer's application for the return of funds paid for the Goods.

7.4. In order to exercise his right to terminate this Agreement, the Buyer must keep and present to the Seller the corresponding settlement document of the prescribed form (receipt, commodity or cashier's check) confirming the purchase of the Goods, with a note on the date of sale (date of transfer) of the Goods.

7.5. Termination of this Agreement by the Buyer has the effect of returning the purchased (received) Goods to the Seller in accordance with the procedure established by Section 6 of this Agreement.

8. Responsibility

8.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper use and storage of the Goods purchased from the Seller.

8.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.

8.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

8.4. The Seller or the Buyer is released from responsibility for full or partial non-fulfillment of their obligations, if the non-fulfillment is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Seller and/or The Buyer after concluding this contract. A Party that cannot fulfill its obligations shall immediately notify the other Party thereof.

9. Confidentiality and protection of personal data

9.1. By providing his personal data on the website of the online store when placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as to the performance of other actions provided for by the Law of Ukraine «About the Protection of Personal Data», without limiting the term of such consent.

9.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of a contract with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

9.3. The buyer is responsible for keeping his personal data up-to-date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency.

10. Other conditions

10.1. This contract is concluded on the territory of Ukraine and is a public contract (offer) for the retail purchase and sale of Goods at a distance using means of remote communication (the Internet) through an online store.

10.2. Withdrawal or change of the terms of the proposal (offer) regarding the conclusion of this public Contract, as well as the change of the conditions of this public Contract, can be carried out by the Seller at any time without additional warning to the Buyer.

10.3. Withdrawal or change of the conditions of the proposal (offer) regarding the conclusion of this public contract, as well as the change of the conditions of this public contract, cannot be grounds for:

- any revision or change of conditions or termination of contracts already concluded by the Seller with the Buyers under the terms of this public Contract;

- refusals of the Seller from the assumed obligations under the contracts that were already concluded with the Buyers under the terms of this public Contract.

10.4. The terms of the offer (offer) regarding the conclusion of this public Contract, as well as the conditions of this public Contract, are the same for all Buyers.

10.5. The conclusion of this public Contract (the Buyer's acceptance of the Seller's offer) is considered the unconditional and full acceptance by the Buyer of all the terms of this public Contract without exceptions, including essential conditions, as well as the entry into the relevant contractual legal relationship with the Seller.

10.6. Confirmation of the conclusion of this public contract is indicated in clause 3.3. of this Public Agreement sent by the Seller to the Buyer an automatic electronic notification about the processing of the Order for the Goods.

10.7. Recognizing certain terms of this Public Contract as invalid, null or void does not have the effect of recognizing any other terms of this Public Contract as invalid, null or void.

10.8. By entering into this public Agreement, the Buyer gives his full, complete and indefinite consent to receive from the Seller via SMS, e-mail, social networks, etc., informational messages about the news of the Online Store, as well as Promotional Offers and Sales of Goods held by the Seller in the Online Store .

10.9. By filling out the «Ordering» form on the website https://verbena.com.ua/ of the online store, the Buyer gives his full, complete and indefinite consent to the processing and use by the Seller of information about the Buyer, including information that, according to the current legislation of Ukraine, is considered personal data, exclusively for the following purposes:

- for marketing purposes, namely: notification of the Buyer via SMS, e-mail, social networks, etc. about the news of the Internet store, promotional offers and sales of goods conducted by the Seller in the Internet store, conducting an analysis of the market for the consumption of the Goods, determining the circle of potential Buyers , determining the needs of potential Buyers in the Goods offered for sale, etc.;

- for the purpose of conscientious fulfillment by the Seller of its contractual obligations to the Buyer, including obligations regarding the delivery of the Goods;

- for the purpose of fulfillment by the Seller of the requirements of the current legislation of Ukraine, including the legislation on the protection of consumer rights.

10.10. The photos of the Product contained on the pages of the Internet site may partially differ from the actual appearance of the Product due to the impossibility of accurately conveying the appearance of the product using digital technologies. The descriptions/characteristics accompanying the Product do not claim to be comprehensive and may contain typographical errors. To clarify information about the Product, the Buyer can contact the Seller's manager (Seller's representative) using the contacts indicated on the website.

10.11. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.

10.12. Legal relations arising from this public contract are subject to the provisions of Article 633 of the Civil Code of Ukraine, the Law of Ukraine «About the Protection of Consumer Rights», the Rules for the sale of goods to order and outside trade or office premises, approved by the Order of the Ministry of Economy of Ukraine dated 04.19.2007 No. 103.

10.13. For all issues that are not reflected in this public Agreement, the Parties are governed by the norms of the current legislation of Ukraine.

11. Details of the seller

SOLE PROPRIETOR - Форощук Альбіна Ігорівна

PHONE NUMBER - +380500343453

BANK INSTITUTION - АТ «УНІВЕРСАЛ БАНК» м.Київ

BIC- 322001

BENEFICIARY: Форощук Альбіна Ігорівна

IBAN - UA763220010000026002310012402

CURRENCY - UAH

RNTOLPRС - 3338605728