This agreement is an official and public offer made by Iuliia Yuriivna Omelchenko, Individual
Entrepreneur, to enter into a sale of goods agreement with respect to the goods presented
on https://foxmycroco.com website.
This agreement is public, meaning that pursuant to Art. 633 of the Civil Code of Ukraine its
terms and conditions are the same for all buyers, regardless of their status (individual, legal
entity, Individual Entrepreneur) with no preference given to a certain buyer over another. By
entering into this Agreement, the Buyer fully accepts the ordering, payment, delivery and
return terms and procedure, as well as liability for a bad faith order and all other terms and
conditions hereof.
1. Terms and Definitions
1.1. Public Offer (hereinafter referred to as the Offer) means a public offer made by the
Seller to the public to enter into a sale of goods agreement with the Seller remotely on the
terms and conditions specified herein.
1.2. Goods or Service means a subject matter of agreement between the parties, chosen by
the Buyer on the online store website and added to the shopping cart, or already purchased
by the Buyer from the Seller remotely.
1.3. Online store means the Seller's website at https://foxmycroco.com created for execution
of retail sales & wholesale agreements based on the Buyer’s acquaintance with the
description of the Goods offered by the Seller via the Internet.
1.4. Buyer means a capable individual aged 18 and above, who receives information from
the Seller, places a purchase order for the Goods presented on the online store website, or a
legal entity, or individual entrepreneur.
1.5. Seller means Iuliia Yuriivna Omelchenko, Individual Entrepreneur, (RNUKPN (taxpayer
identification number): 3338608807), organized and operating under applicable laws of
Ukraine, registered at: Diamond Business Center, 4 Vatslava Havela Boulevard, Kyiv,
Ukraine.
2. Scope of Agreement
2.1. The Seller will transfer ownership of the Goods to the Buyer, and the Buyer will accept
and pay for the Goods on the terms and conditions hereof.
2.2. The date of agreement (offer acceptance) and the moment when the Buyer fully and
unconditionally accepts the terms and conditions of the Agreement will be the date when the
Buyer fills out the order form on the online store website, provided that the Buyer receives
(by electronic means) an order confirmation from the Seller. At the Buyer’s request, the
Agreement can be executed in writing, as necessary.
2.3. The Buyer will acquire ownership of the ordered Goods upon the actual transfer of the
Goods to the Buyer and payment of the full cost of the Goods made by the latter.
The risk of loss of or damage to the Goods will pass to the Buyer upon the actual transfer of
the Goods to the Buyer.
3. Cost and Delivery of Goods
3.1. Prices for the Goods will be determined by the Seller unilaterally and will be specified on
the online store pages, and will not be subject to negotiation. Prices for Goods will be shown
in EUR.
3.2. The Seller may unilaterally change prices for Goods and services depending on market
situation. That said, the Seller may not unilaterally change the price for a separate unit of
Goods, the cost of which has been fully paid by the Buyer.
3.3. The final price for the Goods will be determined by applying the following discounts to
the price as follows (done automatically on the website):
- Promotional discount
- Promo code
- Loyalty discount
3.4. Payments between the Seller and the Buyer for the Goods will be made in the ways
specified on the website in the
Payment and Delivery section.
3.5. The price for Goods specified on the online store website will not include the cost of
delivery of the Goods to the Buyer. The cost of delivery of the Goods will be paid by the
Buyer in accordance with applicable delivery service (carrier) rates.
3.6. The Buyer’s obligations to pay for the Goods will be deemed performed upon the
Seller’s receipt of cash.
3.7. Delivery methods, terms and times will be specified on the website in the
Payment andDelivery section. The Buyer will agree on the terms of delivery of the ordered Goods with the
operator of the online store at the time of ordering.
3.8. The Seller will deliver Goods with the involvement of delivery services (carriers).
3.9. Upon receipt of Goods, the Buyer will check, in the presence of a delivery service
(carrier) representative, the Goods for compliance with the qualitative and quantitative
characteristics (name of Goods, quantity, completeness).
3.10. When accepting the Goods, the Buyer or his or her (its) representative will confirm, by
signing the sales receipt/order/delivery note, that he or she (it) has no claims for the quantity,
appearance and/or completeness of the Goods.
3.11. No claims for the quantity, completeness and type of Goods will be accepted after the
Goods have been received.
4. Ordering
4.1. The Buyer will independently place an order in the online store via ‘Shopping Cart’ or by
e-mail or by phone given in the Contacts section of the online store.
4.2. The Seller may refuse to transfer the order to the Buyer if the information specified by
the Buyer when ordering is incomplete or raises doubts about its validity.
4.3. When placing an order on the online store website, the Buyer will provide the following
mandatory information necessary for the Seller to execute the order:
4.3.1. first and last name of the Buyer;
4.3.2. delivery address;
4.3.3. contact phone/e-mail;
4.4. The name, quantity, item number and price of the Goods selected by the Buyer will be
specified in the Buyer’s basket on the online store website.
4.5. If either Party to the agreement requires any other information, it may request it from the
other Party. If the Buyer fails to provide the necessary information, the Seller will not be
liable for providing high-quality service to the Buyer when purchasing Goods in the online
store.
4.6. The Buyer will be liable for the accuracy of the information provided at the time of Order.
4.7. By entering into the Agreement, that is, by accepting the terms of this offer (terms and
conditions for the purchase of Goods offered), by way of placing an Order, the Buyer
confirms that:
- The Buyer is fully familiar with and agrees to the terms and conditions of this public agreement (offer), Privacy Policy and User Agreement;
- The Buyer consents to the collection, processing and transfer of personal data on the terms defined below in the Notice regarding the Collection, Processing and Transfer of Personal Data. Such consent to process personal data will be valid throughout the term of the Agreement and for an unlimited period thereafter. Moreover, by entering into the Agreement, the Buyer confirms that he or she is notified (without further notice) of the rights established by the Law of Ukraine on Personal Data Protection, of data collection purposes, as well as of the fact that his or her personal data will be transferred to the Seller to ensure performance of the terms and conditions hereof, mutual payments, as well as to receive invoices, certificates and other documents. The Buyer also agrees that the Seller may grant access to and transfer his or her personal data to third parties without further notice to the Buyer, provided that the purpose of personal data processing remains the same. The Buyer knows and understands the scope of his or her rights as the personal data subject under the Law of Ukraine on Personal Data Protection.
5. Rights and Obligations of the Parties
5.1. The Seller will:
5.1.1. Transfer the Goods to the Buyer under the terms of this Agreement and the Buyer’s
order.
5.1.2. Not disclose any personal information about the Buyer and/or grant access to this
information to third parties, except as required by the laws of Ukraine and when fulfilling the
Buyer’s Order.
5.2. The Seller may:
5.2.1. Change the terms and conditions of this Agreement, as well as the prices for Goods
and services unilaterally without notice to the Buyer, by posting them on the online store
website. All changes will become effective upon publication.
5.3. The Buyer will:
5.3.1. Read the terms and conditions of the Agreement and take a look at the prices offered
by the Seller on the online store website before entering into the Agreement.
5.3.2. In furtherance of the Seller’s obligations, provide all the necessary data that expressly
identifies him or her (it) as the Buyer, and is sufficient for the delivery of the ordered Goods
to the Buyer.
6. Returns
6.1. The Buyer may return proper-quality Goods to the Seller if the Goods cannot be used as
intended. The Buyer may return proper-quality Goods within 14 (fourteen) days from the
date of receipt. Proper-quality Goods may be returned if unused and in saleable condition,
with all consumer properties, packaging and labels preserved, and a payment document
issued to the Buyer to pay for the Goods kept.
6.2. The cost of proper-quality Goods will be refunded to the Buyer within 30 (thirty) calendar
days from the date of receipt of such Goods by the Seller, subject to the requirements
provided for in Clause 6.1. hereof and applicable laws of Ukraine. The cost of Goods will be
refunded by bank transfer to the Buyer’s account.
6.3. The Buyer may not reject proper-quality Goods with specific properties, if the said
Goods can be used solely by the Buyer who (which) purchased it (including non-standard
sizes at the Buyer’s request, tailor-cut materials, etc.). The fact the Goods have specific
properties will be confirmed by the difference in size and other features of the Goods
indicated on the online store.
6.4. If the Buyer rejects proper-quality Goods, the Seller will refund the cost of such Goods,
net of the Seller’s expenses for the delivery of returned Goods.
6.5. Proper-quality Goods will be returned at the Seller’s address at the Buyer’s expense,
which will not be reimbursed to the Buyer.
6.6. If there are any defects in the Goods found during the established warranty period, the
Buyer may personally, in the manner and within the time specified by the laws of Ukraine, file
claims against the Seller provided for by the Law of Ukraine on Consumer Rights Protection.
When claims are made for free correction, the period for such correction will begin to run
from the date the Seller receives the Goods at the Seller’s disposal and has physical access
to such Goods.
6.7. Return policies that are not described herein are specified on the website in the Returns
& Exchange section.
7. Liability of the Parties
7.1. The Seller will not be liable for damage caused to the Buyer as a result of improper use
of the Goods previously ordered on the https://foxmycroco.com website and purchased from
the Seller.
7.2. The Seller will not be liable for improper and/or late execution of Orders and
performance of the Seller’s obligations if the Buyer provides inaccurate or false information.
7.3. The Seller and the Buyer will be liable for the performance of their obligations in
accordance with applicable laws of Ukraine and this Agreement.
7.4. The Seller or the Buyer will not be held liable for total or partial failure to perform their
obligations if such failure is caused by force majeure such as: war or military action,
earthquake, flood, fire and other natural disasters that arose beyond the Seller’s and/or the
Buyer’s control after the execution hereof. The Party that cannot perform its obligations will
immediately notify the other Party thereof.
8. Miscellaneous
8.1. The Website may assign or transfer its rights and obligations arising from its relationship
with the Buyer otherwise to third parties.
8.2. The Website and the services provided may be temporarily partially or completely
unavailable due to maintenance or other work, or for any other technical reasons. The
Website Support Service may carry out the necessary maintenance or other work from time
to time with or without prior notice to the Buyers.
8.3. The relationship between the Buyer and the Website will be governed by the laws of
Ukraine.
8.4. Should the Buyer have any questions or claims, the Buyer must contact the Seller by
phone or by any means available. The parties will strive to negotiate any disputes that may arise. If the Parties fail to reach an agreement, the dispute will be referred to court in
accordance with applicable laws of Ukraine.
8.5. If any provision of this Agreement is invalidated by court, the other provisions will not be
invalidated.
9. Seller Details
Iuliia Yuriivna Omelchenko, Individual Entrepreneur
Registered office: Diamond Business Center, 4 Vatslava Havela Boulevard, Kyiv, Ukraine
IBAN UA853220010000026003310091552
with JSC UNIVERSAL BANK
MFO 322001
Bank’s EDRPOU (Ukrainian "Unified Register of Businesses and Organizations"): 21133352
Taxpayer Identification Number: 3338608807
Phone: +380 (93) 264 64 15
E-mail: info@foxmycroco.com