PUBLIC OFFER AGREEMENT

Effective Date: 12.11.24

GENERAL PROVISIONS

1.1. This offer is an official offer of the “Boutique UA” online store, hereinafter referred to as the “Seller”, to conclude a Purchase and Sale Agreement 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:// boutique-ua.co.uk/” (hereinafter referred to as the “Internet website”).

1.2. Clicking on the “Buy” button on the website on the “Basket” page means that the Buyer, regardless of a status (an individual, a legal entity, an individual entrepreneur), in accordance with the current legislation of Ukraine, has accepted the terms of the Public Offer Agreement, which are listed below.

1.3. The Public Offer Agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers, regardless of a status (an individual, a legal entity, an individual entrepreneur). In full compliance with this Agreement, the Buyer accepts the terms and conditions of placing an order, payment for Goods, delivery of Goods, responsibility for an unscrupulous order and for non-fulfillment of the terms of this Agreement.

1.4. The Agreement is considered to be concluded from the moment of clicking the “Buy” button on the order page and confirming its purchase. If necessary, at the request of the Buyer, the Agreement may be drawn up in a simple written form.

1.5. The online store “Boutique UA” carries out sale and delivery of Goods throughout Ukraine and to the following European countries: the UK, Luxembourg, Belgium, the Netherlands, as well as the neighboring countries, subject to the availability of “Nova Poshta” delivery service partners in these countries, “Meest Express”, “Ukrposhta”, etc.

1.6. The online store “Boutique UA” sells Goods by retail. The procedure for returning Goods is carried out in accordance with the Law of Ukraine “On Protection of the Consumer Rights”.

1.7. By placing an order on the website, the Buyer irrevocably agrees to follow the terms of this Agreement and confirms that she/he is familiar with them.

CONCEPTS AND DEFINITIONS

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

“Goods” means clothing, accessories, components and accompanying items.

“Online store” means, in accordance with the Law of Ukraine “On Electronic Commerce”, a means for submission or sale of Goods, work or services through execution of an electronic agreement.

“Seller” means a legal entity/an individual entrepreneur, who sells Goods presented on the Internet website.

“Buyer” means an individual, who concluded an Agreement with the Seller on the terms set forth below.

“Order” means selection of individual items from the list of Goods specified by the Buyer when placing the order and making payment.

SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes to hand over the Goods to the Buyer, and the Buyer undertakes to pay 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;

- self-placement of the order by the Buyer in the online store;

- payment by the Buyer of the order placed in the online store;

- processing and delivery of the order to the Buyer under the terms of this Agreement.

ORDER PLACEMENT PROCEDURE

4.1. The Buyer has the right to place an order for any Goods presented on the Internet store website, if available.

4.2. Each item may be represented in the order in any quantity. The Seller does not ensure the availability of Goods presented at https://boutique-ua.co.uk/. The photos accompanying the Goods are simple illustrations of them and may differ from the actual appearance of the Goods. The description/characteristics accompanying the Goods do not claim to be exhaustive and may contain typographical errors. To clarify information on the Goods, the Buyer should contact the Seller.

4.3. In the event that the Goods ordered by the Buyer are not at the Seller’s warehouse, the latter has the right to exclude the specified Goods from the Order/cancel the Buyer’s Order by notifying the Buyer hereabout by sending a corresponding electronic message to the address specified by the Buyer during registration. If the Goods are not in stock, the Seller is obliged to notify the Buyer accordingly.

4.4. If the Goods are not available, the Buyer has the right to replace them with a product of a similar model.

4.5. The order is placed by the Buyer by adding the Goods to the “Basket”.

4.6. The order is considered to have been duly placed if:

4.6.1. The Buyer has filled out all the fields of the form allowing to identify the Buyer and contact him:

4.6.1.1. full name/title;

4.6.1.2. delivery address;

4.6.1.3. contact phone;

4.6.1.4. e-mail;

4.6.1.5. preferred payment method (payment methods are listed in clause 7.1.);

4.6.1.6. preferred type of the Goods delivery.

ACCEPTANCE OF AN ORDER BY THE ONLINE STORE “Boutique UA”

5.1. Upon receiving the order, the Seller checks the availability of the Goods and, if the order is made in accordance with clause 4.6. of this Agreement, accepts the order and may contact the Buyer to confirm the details.

5.2. From the moment of acceptance of the order by the “Boutique UA” online store, the Buyer has the right to refuse from the order or make changes to the order (remove/add Goods to the order, change the characteristics of the Goods (color, size, quantity, etc.). After payment of the invoice, the removal of product items from the order shall not be allowed.

ORDER FORMATION

6.1. The employees of the “Boutique UA” online store form an order. Orders with the status “PROCESSED”, formed and confirmed by the end of the working day (6:00 p.m.), are sent to the Buyer in the next 2-4 working days. In the event that the Buyer placed an order on a weekend or holiday, its shipment is counted from the first working day following the day of placing the order. The sender’s city is Kyiv.

6.2. If the ordered Goods are not available in the “Boutique UA” online store, the employee checks the possibility of individual tailoring of the ordered Goods according to the size specified by the Buyer and/or individual measurements taken, and agrees the delivery terms with the customer (10-14 days). If the Goods may not be sewn individually, the employee of the “Boutique UA” online store may offer the Buyer to replace the missing Goods with any other Goods. With the consent of the Buyer, another offered Goods are added to the order.

6.3. At the end of the order formation on the website of the “Boutique UA” online store, the Buyer receives a message about the status of the order and the selected payment method to the e-mail specified when placing the order.

ORDER PAYMENT PROCEDURE

7.1. The order may be paid in the following ways:

7.1.1. Payments for the Goods are made by transferring funds to the Seller’s account or through online payment systems used by the Seller. The commission for transferring funds to the Seller’s account shall be paid by the Buyer. The cost of transferring funds depends on the banking institution and may be equal to ------

When paying for an order with a Visa or MasterCard card on the website immediately after placing the order through the payment system, the payment takes place directly on the website page and is protected by security certificates.

TERMS OF DELIVERY OF AN ORDER

8.1. The methods, as well as the cost of delivery of the Goods, are indicated on the Internet website in the section “Delivery and payment”.

8.2. Delivery of the Goods on the territory of Ukraine is carried out by the delivery services “Nova Poshta”, “Ukrposhta” or “Meest Express”. Delivery of the Goods outside the territory of Ukraine (European countries) is carried out by the delivery services “Nova Poshta”, “Ukrposhta” or “Meest Express” and/or partner delivery services of the aforementioned delivery services.

8.3. The online store “Boutique UA” shall be deemed to have fulfilled its obligation to deliver the order at the time of its transfer to the delivery service. The risk of destruction or damage to the Goods after transfer to the delivery service shall be borne by the Buyer.

8.4. Delivery of the Goods shall be paid by the Buyer according to the tariffs of the carrier company.

8.5. Separate deliveries of each product item from one “Boutique UA” order shall be also paid separately.

8.6. The order is dispatched within 2-4 working days from the moment the order is received. Fulfillment of this term depends on the availability of the Goods in the online store.

RIGHTS AND OBLIGATIONS OF THE PARTIES

9.1. The Seller is entitled:

- to unilaterally terminate performance of this Agreement in the event of a breach by the Buyer of the terms hereof.

9.2. The Buyer is obliged:

- to timely pay and receive the order under the terms of this Agreement.

9.3. The Buyer is entitled:

- to place an order in the online store;

- to execute an electronic agreement;

- to demand from the Seller to properly fulfill the terms of this Agreement.

RESPONSIBILITY OF THE PARTIES

10.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement, in accordance with the procedure stipulated by this Agreement and the current legislation of Ukraine.

10.2. The Seller shall bear no responsibility for:

- the appearance of the Goods changed by the manufacturer;

- a slight discrepancy in the color range of the Goods, which may differ from the original Goods solely due to different color rendering of personal computer monitors of individual models;

- the content and veracity of the information provided by the Buyer when placing the order;

- delays and interruptions in performance of the Agreement (order processing and delivery of the Goods) occurred for the reasons beyond his control;

- unlawful and illegal actions of the Buyer by means of this access to the Internet;

- transfer by the Buyer of his network identifiers – IP, MAC address, login and password to any third parties.

10.3. The Buyer, using the access to the Internet provided to him, shall be independently responsible for the damage caused by his actions (personally, even though another person was under his login) to the individuals or their property, legal entities, the state, or to the principles of morality.

10.4. In the event of force majeure, the parties shall be released from fulfilling the terms of this Agreement. The circumstances of force majeure, for the purposes of this Agreement, shall mean the events of an extraordinary and unforeseen nature, which exclude or objectively interfere with performance of this Agreement, the occurrence of which the Parties could not foresee or prevent by any reasonable means.

10.5. The parties shall make every effort to resolve any disagreements exclusively by negotiations.

MISCELLANEOUS

11.1. The online store reserves the right to unilaterally amend this Agreement, subject to its previous publishing on the website https://boutique-ua.co.uk/.

11.2. The online store was created exclusively for arrangement of a remote method of selling the Goods via the Internet.

11.3. The buyer is responsible for the accuracy of the information specified when ordering. At the same time, when making an acceptance (placing an order and subsequent payment for the Goods), the Buyer gives the Seller his unconditional consent to collection, processing, storage, and use of his personal data, according to the Law “On the Personal Data Protection”.

11.4. Payment by the Buyer of the order made in the online store means the Buyer’s full agreement with the terms of this Purchase and Sale Agreement (Public Offer).

11.5. The actual date of the electronic agreement between the parties shall be the date of acceptance of the terms, in accordance with Art. 11 of the Law of Ukraine “On Electronic Commerce”.

11.6. The use of the resource of the “Boutique UA” online store to preview the Goods, as well as to place an order for the Buyer, is free of charge.

11.7. The information provided by the Buyer is confidential. The online store “Boutique UA” uses the information about the Buyer exclusively for the purpose of processing the order, sending messages to the Buyer, delivering the Goods, making mutual settlements, etc.

GOODS RETURN PROCEDURE

12.1. The Goods may be returned only to the same address, from which the purchase was made.

12.2. The poor-quality Goods ordered on the website https://boutique-ua.co.uk/ and which did not fit for any reason (style, size, color), are subject to return and exchange within 14 days from the day of their receipt by the Buyer, in case of:

absence of the signs of use and wear;

preservation of the Goods appearance and consumer properties;

availability of the original and intact packaging and labels.
The cost of delivery for the return/exchange of the Goods shall be paid by the Buyer*.
The Goods after use or with the damaged labels ordered on the website https://boutique-ua.co.uk/ may not be exchanged or returned.

12.3. The Goods may be returned as follows:

12.3.1. The Buyer fills out the return form (sent by e-mail, at the Buyer’s request).

12.3.2. The Buyer sends the Goods and the completed form to the address indicated in it.

12.3.3. The Seller returns money to the bank card.

The refund period makes 7 working days from the moment of receipt of the return of the Goods.
If the Goods may not be exchanged or returned, the dispatch of the Goods shall be made at the expense of the Buyer. In case of non-fulfillment of the terms specified by this clause, the “Boutique UA” online store has the right to refuse to satisfy the claim about the lack or shortage of any Goods.

VALIDITY OF THE AGREEMENT

13.1. An electronic agreement is considered to have been concluded from the moment the person, who sent the proposal to conclude such agreement, receives a response to the acceptance of this proposal, in the manner determined by part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.

13.2. This Agreement shall be considered performed at the moment of delivery (transfer) of the Goods to the Buyer.

ADDITIONAL TERMS

14.1. The provisions of the legislation of Ukraine shall apply to the relations between the Buyer and the Seller.

14.2. In the event of any questions or claims on the part of the Buyer, he must contact the Seller in any available way. In the event of any dispute, the parties will try to resolve it by negotiations, but in case of failure to reach an agreement, the dispute will be referred to a judicial body for consideration, in accordance with the current legislation of Ukraine.

14.3. Visiting the website or sending e-mails to the Seller is electronic communication between the Seller and the Buyer. The buyer agrees to receive e-mails, messages, etc. The Buyer is informed that by agreeing to the terms of this Agreement, this Agreement and all additional agreements hereto, notices and other information, which the Seller provides to the Buyer in electronic form, by e-mail and on the website, are legally equated to the agreements and documents concluded in writing, and have the same legal force for the parties as the documents drawn up in hard copy and sealed with the parties’ signatures.

15. Seller’s official contacts:

15.1. E-mail:

info@boutique-ua.co.uk

15.2. Phone/WhatsApp:

+380932168890

+447351375202