PUBLIC OFFER

1. General provisions

1.1. This offer is an official offer for an unlimited number of persons from "payen.com.ua", hereinafter referred to as the "Seller", to conclude a Contract for the purchase and sale of goods remotely, i.e. through the Online Store, hereinafter referred to as the "Agreement", and places a Public Offer (Proposal) on the official website of the Seller "https://payen.com.ua" (hereinafter referred to as the "Website").

1.2. The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic contract for the purchase and sale of goods is considered the fact of payment by the Buyer for the order under the terms of this Contract, within the terms and at the prices specified on the Seller's website.


2. Concepts and definitions

2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:

- "Goods" - cosmetic products, including modifications in color, size and properties, and accompanying items;

- "Online store" - an Internet site located on the Internet at www.payen.com.ua, which presents the Goods offered by the Seller for purchase, as well as the terms of payment and delivery of the Goods to the Buyer.

- "Seller" - individual entrepreneur Bondarenko Yaroslava Olegivna (RNOKPP 3680902908), who sells the Goods presented on the Website.

- "Buyer" - an individual who has concluded an Agreement with the Seller on the terms set out below.

- "Order" - a request from the Buyer, drawn up in the prescribed manner, for the purchase and delivery to the address specified by the Buyer of the Goods selected on the Site.


3. Subject of the contract

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

This Agreement regulates the purchase and sale of Goods in the Online Store, including:

- voluntary choice by the Buyer of Goods in the Online Store;

- independent registration of the Order by the Buyer in the Online Store;

- payment by the Buyer of the Order placed in the Online Store in the proposed manner;

- processing and delivery of the Order to the Buyer in accordance with the terms of this Agreement.


4. Ordering procedure

4.1. The Buyer independently places an Order in the Online Store by freely selecting the desired Product, moving it to the "Add to Cart" section and confirming the selection by clicking the "Place Order" button.

4.2. Each item may be presented in the Order in any quantity that is available.

4.3. In the event that the Goods ordered by the Buyer are not available in the Seller's warehouse, the Seller has the right to cancel the Buyer's Order by notifying the Buyer of this by calling the Online Store manager, by sending a letter to an e-mail address or by sending a message to a mobile number. In the event of cancellation of a prepaid Order, the Seller shall refund the cost of the Goods to the Buyer's payment card.

4.4. The Buyer agrees that the price of the Goods placed in the "Cart", its assortment and quantity will be relevant only at the time of the formation of the "Cart" and may change if the purchase has not been finally completed by clicking the "Confirm order" button.

4.5. The Seller has the right to refuse to transfer the Order to the Buyer if the data specified by the Buyer when placing the Order is incomplete or raises suspicions about their authenticity. In the event of cancellation of a prepaid Order, the cost of the Goods is returned by the Seller to the Buyer's payment card.

4.6. By placing an Order, the Buyer confirms his agreement with the terms of this offer and consents to the processing of his personal data.

4.7. The Seller reserves the right to change the delivery date of the Order with subsequent notification to the Buyer.

4.8. To confirm the Order, the Buyer may be contacted by the Online Store manager, who will clarify the details of the Order and agree on the date and time of delivery. The order may be confirmed without a call from the manager, via e-mail or a message to a mobile number.

4.7. The Buyer has the right to cancel the Order by sending messages in the Feedback section in the Personal Account.


5. Order payment procedure

5.1. The Buyer can pay for the Order placed in the Online Store:

- by bank card on the website of the online store;

- upon receipt of the goods at the courier company's branch in cash or by bank card.

5.2. If funds are not received, the Online Store reserves the right to cancel the Order.

5.3. The cost of delivering the goods is not included in the price of the Goods and is paid by the Buyer independently.

5.4. The provider of electronic payments on the website www.payen.com.ua is Portmone.


6. Order delivery terms

6.1. Delivery of Goods purchased in the Online Store is carried out to the warehouse of the courier company, where Orders are issued. The methods, approximate terms, territory of delivery of Goods, approximate term and time of delivery are agreed upon by the Buyer with the manager of the Online Store when confirming the Order. In the future, a convenient delivery time is agreed upon by the Buyer and a representative of the courier company.

6.2 Upon delivery, the Goods shall be handed over to the Buyer or a third party specified in the order (Recipient). If the above-mentioned persons are unable to receive the Goods, the Goods may be handed over to a person who can provide information about the Order and pay the cost of the Order in full. In such a case, the Seller's obligations shall be deemed to have been duly fulfilled.

6.3. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.

6.4. Ownership of the Goods shall be transferred to the Buyer at the time of transfer of the Goods after payment of the full cost of the Goods.

6.5. The risk of accidental loss or accidental damage to the Goods passes to the Buyer at the moment of transfer of the Goods to him and the Buyer/Recipient's signature on the documents confirming its receipt.

6.6. The Seller's obligation to transfer the Goods to the Buyer is considered fulfilled at the time of delivery of the Goods to the Buyer/Recipient or receipt of the Goods at the offices of courier companies.

6.7. The Recipient must check the integrity of the transport packaging and, if there is no visible damage to it, receive the order. The courier service employee is not authorized to provide any advice regarding the Goods. All questions must be addressed to the Online Store Manager. If the transport packaging is damaged, the goods are missing from the parcel or the goods are defective, the Recipient must notify the courier service operator and file a claim, not pick up the parcel and not pay for delivery services. For questions about product damage, missing goods or detecting defects, the Recipient must contact the Online Store Manager using messages in the Feedback section in the Personal Account, or by writing to info@payen.com.ua.


7. Rights and obligations of the parties:

7.1. The Seller has the right:

- unilaterally terminate the provision of services under this Agreement in the event of the Buyer's violation of the terms of this Agreement.

7.2. The Buyer is obliged to:

- timely pay for and receive the Order under the terms of this agreement.

7.3. The Buyer has the right:

- place an order in the online store;

- draw up an electronic Contract;

- require the Seller to fulfill the terms of this Agreement.


8. Responsibility of the parties

8.1. The parties are liable for failure to fulfill or improper fulfillment of the terms of this agreement in accordance with the procedure provided for by this agreement and the current legislation of Ukraine.

8.2. The Seller is not responsible for:

- the appearance of the Product changed by the manufacturer;

- for a minor discrepancy in the color scheme of the product, which may differ from the original product solely due to different color rendering of personal computer monitors of individual models or displays of mobile devices;

- for the content and truthfulness of the information provided by the Buyer when placing the Order;

- for delays and interruptions in the provision of services (Order processing and delivery of goods) that occur for reasons beyond its control;

- for unlawful actions committed by the Buyer using this access to the Internet;

- for the transfer by the Buyer of his network identifiers - IP, MAC address, login and password to third parties;

8.3. The buyer, using the access to the Internet provided to him, is independently responsible for the damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, or the state.

8.4. In the event of force majeure circumstances, the parties are exempted from fulfilling the terms of this agreement. For the purposes of this agreement, force majeure circumstances mean events of an extraordinary, unforeseen nature that exclude or objectively impede the performance of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.

8.5. The Parties shall make every effort to resolve any disagreements exclusively through negotiations.


9. Other conditions

9.1. The online store reserves the right to unilaterally make changes to this agreement subject to its prior publication on the website www.payen.com.ua

9.2. The online store is created to organize a remote method of selling goods via the Internet.

9.3. The Buyer is responsible for the accuracy of the information specified when placing the Order. At the same time, upon acceptance (placing the Order and subsequent payment for the Goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage, and use of his personal data, within the meaning of the Law of Ukraine "On Personal Data Protection".

9.4. Payment by the Buyer of an order placed in the Online Store means the Buyer's full agreement with the terms of the purchase and sale agreement (public offer)

9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Article 11 of the Law of Ukraine "On Electronic Commerce"

9.6. Using the Online Store resource to preview the product, as well as to place an order, is free of charge for the Buyer.

9.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purposes of processing the order, sending messages to the Buyer, delivering goods, making mutual settlements, etc.

9.8. The online store and the services provided may be temporarily partially or completely unavailable due to preventive or other work, or for any other technical reasons. The Seller's technical service has the right to periodically carry out the necessary preventive or other work with or without prior notice to the Buyers.

9.9. In case of any questions or complaints from the Buyer, he may contact the Seller by sending a message using the messages in the Feedback section or by sending an e-mail to info@payen.com.ua.

9.10. The parties will try to resolve all disputes that arise through negotiations; if no agreement is reached, the dispute will be referred to a judicial body for consideration in accordance with applicable law.

9.11. Recognition by a court of the invalidity of any provision of this Agreement shall not entail the invalidity of other provisions of the Agreement.


10. Return of Goods and Money

10.1. The return of the Goods to the Online Store is carried out in accordance with the norms of the current legislation of Ukraine.

10.2. According to the legislation of Ukraine, perfumery and cosmetic products of proper quality are not subject to exchange or return.

10.3. Goods of inadequate quality are Goods that contain defects. A defect in a Goods is its non-compliance with the requirements of regulatory legal acts and regulatory documents, the terms of the Agreement or the requirements imposed on it. The received Goods must comply with the description on the Site. The difference in design elements or design from the description stated on the Site is not a sign of inadequate quality. If the Buyer was transferred to the Goods of inadequate quality, the Buyer has the right to use the provisions of the Law of Ukraine "On Protection of Consumer Rights" - to demand replacement with Goods of adequate quality or to demand termination of the Agreement and return of the amount paid for the Goods.


11. Contract validity period

11.1. An electronic contract is considered concluded from the moment the person who sent the proposal to conclude such a contract receives a response on the acceptance of this proposal in the manner determined by the provisions of the Law of Ukraine "On Electronic Commerce".

11.2. Before the expiration of the term, this Agreement may be terminated by mutual consent of the parties until the actual delivery of the Goods, by returning the funds in the event that the Buyer makes full payment.

11.3. The Parties have the right to terminate this Agreement unilaterally, in the event of failure by one of the Parties to fulfill the terms of this Agreement and in cases provided for by the current legislation of Ukraine.