Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement – the Buyer, on the other hand, hereinafter collectively – the Parties, have concluded this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is an official public offer of the Seller to conclude with the Buyers a contract of sale of the Goods, photos of which are posted in the relevant section of the Website https://www.kykil.com.

Sellers intending to sell Goods using the Website https://www.kykil.com and Buyers when purchasing Goods, images of which are posted on the relevant pages of the Website https://www.kykil.com, accept the terms of this Agreement as follows.

GENERAL PROVISIONS

1.1. The contractual relationship between the Seller and the Buyer is drawn up in the form of a Public Offer Agreement. Clicking on the Website page https://www.kykil.com in the appropriate section of the “ORDER” button means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current international and Ukrainian legislation, has accepted the terms of the Public Offer Agreement, which are specified below.

1.2. The Public Offer Agreement is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and procedure for placing an order, payment and delivery of goods by the Seller, liability for an unscrupulous Order and for failure to fulfill the terms of this Agreement.

1.3. This Agreement shall enter into force from the moment of clicking on the “ORDER” button, by which the Buyer consents to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and makes full payment with it.

1.4. To regulate contractual legal relations under the Agreement, the Parties shall choose and, if necessary, apply Ukrainian legislation. If an international agreement, the binding nature of which has been granted by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, the rules of the international agreement shall apply.

TERMS AND DEFINITIONS

“Public Offer Agreement” is a public agreement, a sample of which is posted on the Website https://www.kykil.com, and the application of which is mandatory for all Sellers, containing the Seller’s offer to purchase the Goods, the image of which is posted on the Website https://www.kykil.com, addressed to an unspecified number of persons, including Buyers.

“Acceptance” – the Buyer’s acceptance of the Seller’s offer to purchase the Goods, the image of which is posted on the Website https://www.kykil.com, by adding it to the virtual cart and sending the Order.

“Goods” – an item of trade (product, model, accessory, components and accompanying items, any other items of trade), for the purchase of which the Seller’s offer is posted on the Website https://www.kykil.com.

“Buyer” – any legally capable individual, legal entity, individual entrepreneur, according to current Ukrainian legislation, who visited the Website https://www.kykil.com and intend to purchase a particular Product.

“Seller” – any capable individual, legal entity, individual entrepreneur, according to current international and Ukrainian legislation, who are owners or distributors of the Goods and intend to sell them through the Website https://www.kykil.com.

“Order” – a properly executed and posted on the Website https://www.kykil.com application of the Buyer for the purchase of Goods, addressed to the Seller.

“Legislation” – the norms established by Ukrainian or international legislation for regulating contractual legal relations under the Agreement.

“Material defect of the Goods” – a defect that makes it impossible or inadmissible to use the Goods in accordance with its intended purpose, arose due to the fault of the manufacturer (Seller), and after its elimination appears again for reasons beyond the control of the consumer.

SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes, under the terms and in the manner specified in this Agreement, to sell the Goods on the basis of the Order placed by the Buyer on the relevant page of the Website https://www.kykil.com, and the Buyer undertakes, under the terms and in the manner 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 a dispute, are not under arrest, and are not subject to any third party rights.

3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham agreement or an agreement concluded under pressure or deception.

3.4. The Seller confirms that it has all the necessary permits for carrying out economic activities that regulate the scope of legal relations that arise and operate in the process of performing this Agreement, and also guarantees that it has the right to produce and/or sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear from liability in case of violation of the Buyer’s rights in the process of performing this Agreement and selling the Goods.

RIGHTS AND OBLIGATIONS OF THE SELLER

4.1. The Seller is obliged to:

fulfill the terms of this Agreement;
fulfill the Buyer’s order in the event of payment from the Buyer;
transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the Website https://www.kykil.com, the executed Order and the terms of this Agreement;
check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse;
notify the Buyer of a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this Agreement.

4.2. The Seller has the right:

unilaterally suspend the provision of services under this Agreement in the event of the Buyer’s violation of the terms of this Agreement.

4.3. Seller:

A business entity from among the persons offering for purchase on the Website https://www.kykil.com the Goods according to the single agreed rules set out in this public offer agreement.*

BUYER’S RIGHTS AND OBLIGATIONS

5.1. The Buyer is obliged to:

pay for and receive the order on the terms of this Agreement in a timely manner;

read the information about the Goods posted on the Website https://www.kykil.com
upon receipt of the Goods from the person who delivered them, make sure of the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incompleteness of the Goods, record them in an act, which must be signed by the person who delivered them to the Buyer together with the Buyer.

5.2. The Buyer has the right to:

place an order on the relevant page of the Website https://www.kykil.com;
to require the Seller to fulfill the terms of this Agreement;
to inform about a possible additional fee when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
ORDER PLACEMENT PROCEDURE

6.1. The Buyer independently places an Order on the relevant page of the Website https://www.kykil.com by adding the Goods to the virtual cart by clicking the “Add to cart!” button, or by placing an order by e-mail or by phone number specified in the contact section of the Website https://www.kykil.com.

6.2. The Order processing period is up to 2 business days from the moment of its placement. If the Order is sent on a weekend or holiday, the processing period begins on the first business day after the weekend.

CONTRACT PRICE AND PAYMENT PROCEDURE

7.1. The price of each individual Product is determined by the Seller and indicated on the relevant page of the Website https://www.kykil.com. The Contract price is determined by adding the prices of all selected Products placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Agreement.

7.2. The cost of the Order may vary depending on the price, quantity or nomenclature of the Product.

7.3. The Buyer may pay for the Order in the following ways:

1) by bank transfer to the Seller’s current account specified in the invoice, including via Internet banking (the Buyer pays for the Order within three days from the date of receipt of the invoice in the amount of 100% of the prepayment).

2) by cash on delivery upon receipt of the Order at the delivery service representative office in Ukraine or in another country depending on the place of ordering the Product.

3) By credit card of the following type:

Visa
Visa Electron
Mastercard
Mastercard Electronic
Maestro

4) by any other method agreed with the Seller.

Note. When the Buyer pays for the order by a payment card, an additional fee may be charged by the issuer of this card, in particular, when the Buyer pays for the order by a payment card, an additional fee may be charged when the Buyer pays for European orders by card issuers Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro. By clicking on the “ORDER” button on the Website page https://www.kykil.com in the relevant section, it means that the Seller has notified the Buyer of the possibility of charging an additional fee when the Buyer pays for European orders by card issuers Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.

TERMS OF DELIVERY OF GOODS

8.1 The Buyer receives the Goods by delivery or receives them in person. The procedure for payment and receipt is specified on the relevant page of the Website https://www.kykil.com.

8.2. When delivering the Goods to other cities of Ukraine or to the territory of another country, which is performed by other delivery Services (hereinafter referred to as Carriers), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these Carriers.

8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carriers is confirmed by the Buyer with his own signature on the consignment note, the declaration of the Carrier, or in the expense invoice upon receipt of the Goods. For his part, the Seller guarantees The Buyer undertakes to ship the Goods to the Carrier Company in the quantity specified and paid for by the Buyer, in completeness according to the specification of this Goods and in proper (working) condition and quality.

8.4. In the event of the Buyer’s absence at the delivery address specified by the Buyer in the application or the Buyer’s refusal to receive the Goods for unjustified reasons, when delivered by the Carrier Company’s courier, the Goods are returned to the shipping center. Payment for the Carrier Company’s services is deducted from the amount transferred by the Buyer for the Goods. The remaining amount is returned to the Buyer on the basis of his letter sent to e-mail: support@leboutique.com indicating the settlement account to which the funds should be returned.

The Buyer can clarify all questions that arose during the process of payment and receipt of the Goods by using the contact details in the Contacts section.

CONDITIONS FOR RETURNING THE GOODS

9.1. In accordance with Art. 9 of the Law of Ukraine “On Protection of Consumer Rights”, the Buyer has the right to exchange the Goods of proper quality within fourteen days, excluding the day of purchase, unless a longer period is announced by the Seller. The Buyer has the right to exchange the Goods taking into account the provisions of the legislation on the grounds and list of Goods that are not subject to exchange (return).

9.2. If the Buyer intends to return the Goods, such return is carried out in accordance with the “Return” section of the Site, taking into account the rules and conditions of the carrier or courier operating in Ukraine or in another country according to the place of receipt of the Goods.

9.3. In the event of at least one of the listed defects, the Buyer is obliged to record it in a drawn up act of any form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, the defects should be recorded by means of photography or video recording. Within 1 (one) day, the Buyer is obliged to notify the manager (the Seller’s representative responsible for placing the order for the Goods) of the identified defects and agree on a replacement of the Goods, while filling out the complaint form for the return of the Goods on the website https://www.kykil.com.

9.4. The Parties agreed that in case of failure to comply with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in good condition – without any mechanical damage and in full.

LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION

10.1. The Parties are liable for failure to fulfill or improper fulfillment of the terms of this Agreement in the manner provided for by this Agreement and by applicable international and Ukrainian legislation.

10.2. In the event of disputes arising from the performance by the Parties of this Agreement, with the exception of disputes regarding debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of a claim is 7 (seven) calendar days from the date of its receipt. For disputes related to debt collection from the Buyer, compliance with the claim procedure is not required.

10.3. All disputes, disagreements or claims arising from or in connection with this Agreement, including those relating to its performance, violation, termination or invalidity, shall be subject to resolution in the appropriate court in accordance with international and Ukrainian substantive and procedural law.

FORCE MAJEURE

11.1. The Parties shall not be liable for failure to perform any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, i.e. events or circumstances that are actually beyond the control of such Party, occurred after the conclusion of this Agreement, which are unforeseen and unavoidable.

Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, catastrophes, restrictions imposed by state authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.

11.2. The Party for which it has become impossible to fulfill its obligations under this Agreement due to force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances, and also within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure circumstances.

11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was postponed due to the listed circumstances.

11.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement lasts more than three months, each of the Parties has the right to may terminate this Agreement unilaterally by notifying the other party in writing. Despite the occurrence of force majeure, before terminating this Agreement due to force majeure, the Parties shall make final mutual settlements.

Despite the occurrence of force majeure, before terminating this Agreement due to force majeure, the Parties shall make final mutual settlements.

OTHER TERMS OF THE AGREEMENT

12.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purposes of fulfilling his Order (sending a notification to the Seller about the order of the Goods, sending advertising messages, etc.).

12.2. By accepting the Agreement or registering on the Website https://www.kykil.com (filling out the registration form), the Buyer voluntarily consents to the collection and processing of his personal data for the following purposes: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, obtaining information about the order, sending by telecommunication means (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about the activities of the Website https://www.kykil.com.

For the purposes provided for in this paragraph, the Buyer has the right to send letters, messages and materials to the Buyer’s postal address, e-mail, as well as to send SMS messages, make calls to the telephone number specified in the questionnaire.

12.3. The Buyer grants the right to process his personal data, including: to place personal data in databases (without additional notification about this), to carry out lifelong storage of data, their accumulation, updating, change (as necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for the specified purposes, as well as upon mandatory request of a competent state authority).

12.4. In case of unwillingness to receive mailings, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.

12.5. The Seller is not responsible for the content and veracity of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information specified when placing an order.