Terms & Conditions
Public offer agreement for ordering, purchase and delivery of goods — ecomama.com.ua
This Agreement is the Seller's official and public offer to conclude a Sale and Purchase Agreement for the Goods presented on the website http://www.ecomama.com.ua/.
This Agreement is public — in accordance with Art. 633 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur).
By concluding this Agreement, the Buyer fully accepts the terms and procedure for placing an order, paying for the Goods, returning the Goods, delivering the Goods, liability for bad-faith orders and all other terms of the Agreement.
The Agreement is considered concluded from the moment the "Order Confirmed" button is pressed in the "Cart" section on the order placement page and the Buyer receives confirmation from the Seller electronically or by phone.
The Seller's public proposal addressed to an indefinite number of persons to conclude with the Seller a remote Sale and Purchase Agreement for the Goods (hereinafter — the "Agreement") through the Online Store on the website http://www.ecomama.com.ua/ on the terms contained in this Offer.
The subject of the Parties' agreement, which was selected by the Buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.
The Seller's website at http://www.ecomama.com.ua/, created for concluding retail and wholesale Sale and Purchase Agreements based on the Buyer's familiarisation with the description of the Goods offered by the Seller via the Internet.
Any legally capable person who, in the manner prescribed by this Agreement, of their own free will has fully accepted (accepted) all its terms without exception.
Individual Entrepreneur Kuznietsova Oksana Vladyslavivna (Tax ID 3075303866)
Address: 2 Ostrivska St., Kropyvnytskyi, Kirovohrad Region, 25006, Ukraine
Phone: +380 93 188 08 45
Email: [email protected]
The Seller may also be another legal entity or individual entrepreneur that places information about goods on the Site under a Licence Agreement with the owner of the trademark Butenko M. O. The name of the Seller is indicated on the product card on the website and in the documents for the transfer of the Goods to the Buyer.
All other terms 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, business ethics, business practice, as well as the purpose and subject matter of this 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 Agreement-Offer (acceptance of the Offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the moment of delivery (transfer) of the Goods subject to full 100% payment by the Buyer of the cost of the Goods and/or the date of completion by the Buyer of the order form located on the Online Store website, subject to the Buyer receiving from the Seller confirmation of the order electronically or by phone. If necessary, at the Buyer's request, the Agreement may be executed in written form.
3.1. The Buyer independently places an order in the Online Store through the "Cart" form or by placing an order by email or by the phone number indicated in the contacts 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 when placing the order is incomplete or raises doubts as to its authenticity.
3.3. When placing an order on the Online Store website, the Buyer independently and at their own discretion selects the available Goods offered for sale and clicks the "Add to Cart" button, independently fills in and sends the Seller the "Order Form", in which, in particular, they must indicate their full name, contact phone number, email address, chosen payment method and desired delivery location of the Goods.
3.4. The name, quantity and price of the Goods selected by the Buyer are indicated in the Buyer's cart on the Online Store website.
3.5. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. If the Buyer fails to request the necessary or additional information, the Seller shall not be liable 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 completing the "Order Form", the Buyer must carefully read all the terms of this Agreement and, if they accept (accept) these terms in full, click the "Confirm Order" button, which is deemed to be the Buyer sending the relevant order for the selected Goods.
3.8. This Agreement is considered concluded, and the Seller's proposal to conclude this Agreement (Offer) is fully accepted (accepted) by the Buyer from the moment the Buyer clicks the "Confirm Order" button on the website http://www.ecomama.com.ua/.
3.9. By clicking the "Confirm Order" button, the Buyer confirms their full and unconditional agreement with all the terms of this Agreement without exception, including the terms of delivery and payment for the Goods at the prices indicated on the Online Store website on the date the Buyer concludes this Agreement.
3.10. By clicking the "Confirm Order" button, the Buyer confirms that they have been duly informed by the Seller in a convenient and accessible manner in accordance with the requirements of Part 2 of Art. 13 of the Law of Ukraine "On Consumer Rights Protection" about:
- the location and working hours of the Seller
- the main characteristics and consumer properties of the Goods selected by the Buyer
- the cost of the Goods selected by the Buyer, as well as the cost of its delivery to the Buyer
- the method, procedure and terms of payment and delivery of the Goods selected by the Buyer
- the procedure for accepting claims
- the period for accepting the proposal (offer) to conclude this public Agreement
- the procedure for terminating this Agreement
- other terms on which the Goods are offered for sale
3.11. By clicking the "Order Confirmation" button, the Buyer confirms that they have received in full and in the proper manner, in accordance with the requirements of Art. 15 of the Law of Ukraine "On Consumer Rights Protection", all the necessary, available, reliable and timely information about the Goods they selected, which fully ensured the possibility of a conscious and competent choice of these Goods.
3.12. The Buyer clicking the "Confirm Order" button shall be deemed an unconditional and full acceptance by the Buyer of all the terms of this Agreement without exceptions, as well as the entry into the relevant contractual relations with the Seller. In cases provided for by the current legislation of Ukraine, this Agreement is concluded in written form.
3.13. The period for the Seller to process and complete the Buyer's order for the Goods is up to 2 (two) business days from the date of completion and submission by the Buyer, in the manner established by clauses 3.1., 3.2. of this Agreement, of such Order Form for the Goods. If the said Order for Goods was placed by the Buyer on a weekend or public holiday, the processing and completion period of this Order for Goods begins on the first working day after the weekend or public holiday (this clause applies only to the processing and completion of the Order, not to the production period of the Goods).
3.14. The Buyer is responsible for the accuracy of the information provided when placing the Order.
4.1. The prices for Goods indicated on the Online Store website are determined by the Seller independently. All prices for Goods are indicated on the website in the national currency — Ukrainian 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 Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of the delivery services (carriers) directly to the delivery service (carrier) they have chosen.
4.4. The cost of the Goods indicated on the Online Store website does not include the cost of delivering the Goods to the Buyer's address.
4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer contacts the Seller with the relevant request by sending an email or when placing an order through the Online Store operator.
4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received in the Seller's account.
4.7. The Buyer's payments to the Seller for the Goods are made in the ways indicated on the Online Store website in the "Delivery and Payment" section.
4.8. The Buyer's failure to fulfil their obligations to pay for the ordered Goods shall be deemed a unilateral refusal by the Buyer of this Agreement in full, which, accordingly, entails the full termination of all obligations of the Seller that arose as a result of the Buyer's acceptance of the Seller's proposal to conclude this Agreement.
4.9. All settlements 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 foreign currency, while the amount payable in hryvnias is determined at the official exchange rate of the relevant currency on the day of payment.
4.10. If the Buyer ordered Goods without delivery, they can independently collect the ordered Goods at the Seller's address indicated in the "Contacts" section on the Ecomama Online Store website.
4.11. If the Buyer ordered Goods with delivery, the Seller undertakes, within the period specified in the relevant automatic electronic notification of the processing of the Buyer's Order for the Goods, but in any case no later than 30 (thirty) calendar days from the moment the Buyer concludes this Agreement (the Buyer's acceptance of the Seller's offer), to deliver to the Buyer or the Recipient of the Goods the ordered Goods to the delivery location specified by the Buyer in the relevant Order for the Goods.
4.12. Delivery of the Goods is carried out by the Seller in the manner and to the place determined by the Buyer in the relevant Order for the Goods.
4.13. 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.
4.14. Delivery and handing over (transfer) of the ordered Goods by means of the "Nova Poshta" delivery service is carried out under this Agreement taking into account the specifics of the cargo delivery conditions established by Nova Poshta LLC. Delivery and handing over (transfer) of the ordered Goods by means of the "Ukrposhta" delivery service is carried out under this Agreement taking into account the specifics of the cargo delivery conditions established by Ukrposhta JSC.
4.15. The risk of accidental destruction, loss or damage to the ordered Goods passes to the Buyer from the moment of handing over (transfer) of these Goods to the Buyer or the Recipient of the Goods.
4.16. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), verify the compliance of the Goods with the quality and quantitative characteristics (name of the goods, quantity, completeness, expiry date).
4.17. The Buyer or their representative, upon acceptance of the Goods, confirms with their signature on the receipt / or on the order / or on the transport bill of lading for delivery of goods. The signature of the Buyer or the Recipient of the Goods on the second copy of the Order Form for the Goods is an 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
- absence of any claims from the Buyer regarding the quality and completeness of the ordered Goods
4.18. Ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or their Representative from the moment the Buyer receives the Goods at the place of supply during self-collection from the Seller, or during the transfer by the Seller of the goods to the delivery service (carrier) chosen by the Buyer.
4.19. This Agreement is considered fulfilled at the moment of handing over (transfer) to the Buyer or the Recipient of the Goods of the complete Goods of proper quality ordered by the Buyer, which fully comply with the Order sent by the Buyer for these Goods.
4.20. The Buyer's or Recipient's refusal to accept the ordered Goods that are of proper quality, complete and fully comply with the Order sent by the Buyer, and/or the Buyer's or Recipient's refusal to sign the documents for these Goods shall be deemed a unilateral refusal by the Buyer of this Agreement in full, which entails the full termination of all obligations of the Seller, except for the Seller's obligations to refund the funds paid by the Buyer for the Goods (if such funds were paid), and the Buyer's obligation to pay for delivery (in the case of ordering courier delivery of the goods).
5.1. The Seller undertakes to:
5.1.1. Transfer to the Buyer the goods in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except in cases provided for by legislation and when fulfilling the Buyer's Order.
5.1.3. The Seller, having received payment for the Goods, provides the Buyer with an electronic document, receipt, goods or cash receipt confirming the fact of receipt of funds indicating the date of the calculation. In the case of receiving the goods at a post office (subject to cash on delivery using the "cash on delivery" service), the relevant document confirming the fact of payment for the goods is issued by the post office.
5.2. The Seller has the right to:
5.2.1. Change the terms of this Agreement, as well as prices for Goods and services unilaterally by posting them on the Online Store website. All changes take effect from the moment of publication.
5.2.2. Hold sales and offer promotional offers that provide a temporary opportunity to purchase goods on more favourable terms than usual.
5.3. The Buyer undertakes to:
5.3.1. Before concluding the Agreement, familiarise themselves with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the Online Store website.
5.3.2. In order for the Seller to fulfil their obligations to the Buyer, the latter must provide all necessary data that uniquely identifies them as a Buyer, and sufficient for the delivery to the Buyer of the ordered Goods and/or the provision of full bank details for refunding funds.
5.3.3. In the manner and on the terms established by this Agreement, accept the ordered quality and complete Goods.
5.4. The Buyer has the right to:
5.4.1. Demand from the Seller full and proper fulfilment of the terms of this Agreement.
5.4.2. In the event of an erroneous transfer of a larger amount and/or return of goods, or in the event of the Seller's inability to fulfil the paid order, within 3 calendar days from the occurrence of one of the listed cases, provide return details for the return of the transferred funds or contact the Seller with a request to transfer the funds to the status "Advance payment for future goods", the validity period of which will last 3 (three) months. That is, the Buyer, during the specified period, selects any Goods from any collection of the Online Store and places an order, and if the prepayment amount is insufficient, the Buyer pays the insufficient amount for the cost of the ordered Goods. If the Buyer has not used the right to a new order within 3 months from the moment of crediting the "prepayment", the Online Store sends a Viber or SMS message to the Buyer's phone number specified in the previous order, requesting the Buyer's bank details for the return of the "previously paid funds". The Buyer is obliged within 10 calendar days to fulfil the Seller's requirement and provide bank details for the return of the specified funds or to provide any other feedback within the ten-day period, otherwise such funds remain the property of the Seller.
5.4.3. Withdraw from this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine.
5.4.4. In the event of termination or withdrawal from this Agreement, demand from the Seller a refund of the funds paid for the Goods.
5.4.5. Exercise other rights provided for by this Agreement and the norms of the current legislation of Ukraine.
6.1. Exchange
6.1.1. The Buyer has the right, within the period established by the current legislation of Ukraine, to exchange Goods of proper quality for a similar item from the Seller, if the Goods did not satisfy them in terms of shape, dimensions, style, colour, size or for other reasons cannot be used by them for their intended purpose.
6.1.2. The exchange of Goods of proper quality is carried out if they have not been used and if their marketable condition, consumer properties, seals and labels are preserved, as well as the payment document issued to the Buyer together with the sold Goods.
6.1.3. The exchange of Goods of proper quality, as well as the exchange (replacement) of Goods with significant defects, is carried out by the Seller on the basis of a written application from the Buyer, handed personally to the Seller's representative or sent to the Seller's address indicated on the Online Store website.
6.1.4. The Buyer's demands for the exchange of Goods of proper quality, as well as the Buyer's demands for the exchange (replacement) of Goods with significant defects, if the Seller has the Goods necessary for the exchange or replacement, are subject to immediate satisfaction by the Seller, but in any case no later than 14 (fourteen) days from the moment of receipt from the Buyer of the application specified in clause 6.1.3. of this Agreement.
6.1.5. The exchange of Goods of proper quality, as well as the exchange (replacement) of Goods with significant defects, is carried out by the Seller provided that the Buyer has the relevant payment document of the established form (receipt, goods or cash receipt) confirming the sale of the Goods to the Buyer, with a note on the date of sale (date of transfer) of the Goods.
6.2. Return
6.2.1. The Buyer has the right to return to the Seller non-food goods of proper quality if the goods did not satisfy them in terms of shape, dimensions, style, colour, size or for other reasons cannot be used by them for their intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, not counting the day of purchase. The return of goods of proper quality is carried out if they have not been used and if their marketable condition, consumer properties, packaging, seals, labels are preserved, as well as the payment document issued to the Buyer for payment of the Goods.
6.2.1.1. The list of goods not subject to return is approved by the Cabinet of Ministers of Ukraine (zakon.rada.gov.ua/laws/show/172-94-п). Also, goods from seasonal or any type of sales, promotional offers — goods at a reduced price — are not subject to return. Such goods have a one-way ticket. When ordering goods on the website https://www.ecomama.com.ua/ of the Online Store in the "SALE" section, the Buyer clicks the "Confirm Order" button, which is deemed to be the Buyer sending the relevant Order for the selected Goods. Goods in this section are not subject to exchange and return (with full advance payment).
6.3. The return to the Buyer of the cost of goods of proper quality is carried out within 7 (seven) calendar days from the moment of receipt of such Goods by the Seller, subject to compliance with the requirements provided for in clause 6.1. of the Agreement and the current legislation of Ukraine.
6.4. The cost of goods is subject to return by bank transfer to the Buyer's account, subject to the Buyer's compliance with clause 5.3.2. of the Agreement.
6.5. The return of Goods of proper quality to the Seller's address is carried out at the Buyer's expense and is not reimbursed by the Seller to the Buyer.
6.6. If defects are found in the Goods within the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present to the Seller the claims provided for by the Law of Ukraine "On Consumer Rights Protection". When presenting claims for free elimination of defects, the period for their elimination is calculated from the date of receipt of the Goods by the Seller into their possession and physical access to such Goods.
6.7. The Buyer does not have the right to refuse goods of proper quality that have individually defined properties, if the said goods can be used exclusively by the Buyer who purchased them (including, at the Buyer's request, non-standard sizes, characteristics, appearance, configuration, etc.). Confirmation that the goods have individually defined properties is the difference in the dimensions of the goods and other characteristics indicated in the Online Store.
6.8. The return of goods, in the cases provided for by law and this Agreement, is carried out at the address indicated on the website in the "Contacts" section. If the delivery of the Goods to the Buyer was carried out by means of the Nova Poshta LLC or Ukrposhta delivery service, the Buyer returns the Goods to the Seller in the same manner.
6.9. The return of Goods must be carried out by the Buyer in the original packaging in which they or the Recipient of the Goods received these Goods.
6.10. The returned Goods must meet the following requirements:
- they have not been used, their marketable condition, consumer properties, seals and labels are preserved
- there is a payment document issued to the Buyer together with the sold Goods
7.1. The Buyer has the right to terminate this Agreement in the cases and within the time limits established by the current legislation of Ukraine, having notified the Seller in the manner established by clause 7.2. of this Agreement.
7.2. Notification of termination of this Agreement is the Buyer's application for a refund of the funds paid for the Goods, sent to the Seller in the manner 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 a refund of the funds paid for the Goods.
7.4. To exercise the right to terminate the Agreement, the Buyer must retain and present to the Seller the relevant payment document of the established form (receipt, goods or cash receipt) confirming the purchase of the Goods, with a note on the date of sale (date of transfer) of the Goods.
7.5. The Buyer's termination of this Agreement entails the return by the Buyer of the purchased (received) Goods to the Seller in the manner established by Section 6 of this Agreement.
8.1. The Seller shall not be liable for damage caused to the Buyer or third parties as a result of improper use or storage of the Goods purchased from the Seller.
8.2. The Seller shall not be liable for improper, untimely fulfilment of Orders and their obligations in the event that the Buyer provides inaccurate or false information.
8.3. The Seller and the Buyer are responsible for the fulfilment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
8.4. The Seller or the Buyer shall be released from liability for full or partial non-fulfilment of their obligations if such non-fulfilment is the result of force majeure circumstances, such as: war or military actions, earthquake, flood, fire and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that cannot fulfil its obligations shall immediately notify the other Party of this.
9.1. By providing their personal data on the Online Store website during registration or placing an Order, the Buyer grants the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as the performance of other actions provided for by the Law of Ukraine "On Personal Data Protection", without limiting the term of such consent.
9.2. The Seller undertakes not to disclose the information received from the Buyer. The provision by the Seller of information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfilment 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, shall not be considered a violation.
9.3. The Buyer is responsible for maintaining their personal data up to date. The Seller shall not be liable for improper performance or non-performance of their obligations in connection with the outdatedness of information about the Buyer or its non-compliance with reality.
10.1. This Agreement is concluded on the territory of Ukraine and is a public Agreement (Offer) for retail sale and purchase of Goods at a distance using means of remote communication through the Online Store.
10.2. The withdrawal or amendment of the terms of the proposal (Offer) to conclude this public Agreement, as well as the amendment of the terms of this public Agreement, may be made by the Seller at any time without prior notice to the Buyer.
10.3. The withdrawal or amendment of the terms of the proposal (Offer) to conclude this public Agreement, as well as the amendment of the terms of this public Agreement, cannot be grounds for:
- any review or change of terms or termination of agreements already concluded by the Seller with Buyers under the terms of this public Agreement
- the Seller's refusal of the obligations assumed under agreements already concluded with Buyers under the terms of this public Agreement
10.4. The terms of the proposal (Offer) to conclude this public Agreement, as well as the terms of this public Agreement, are the same for all Buyers.
10.5. The conclusion of this public Agreement (the Buyer's acceptance of the Seller's Offer) shall be deemed an unconditional and full acceptance by the Buyer of all the terms of this public Agreement without exceptions, including essential terms, as well as entry into the relevant contractual relations with the Seller.
10.6. Confirmation of the fact of conclusion of this public Agreement, specified in clause 3.3. of this public Agreement, is the automatic electronic notification by the Seller to the Buyer of the processing of the Order for the Goods.
10.7. Recognition of individual terms of this public Agreement as invalid, void or having lost force shall not entail the recognition of any other terms of this public Agreement as invalid, void or having lost force.
10.8. By concluding this public Agreement, the Buyer grants their full and indefinite consent to receive notifications from the Seller via Viber, SMS, email, social networks, etc.
10.9. By completing the "Order Form" and/or undergoing the registration procedure on the website http://www.ecomama.com.ua/ of the Online Store, the Buyer grants their full and indefinite consent to the processing and use by the Seller of information about the Buyer, including information that, in accordance with the current legislation of Ukraine, is considered personal data, exclusively for the following purposes:
- For registration and identification of the Buyer of the Online Store
- For updating the Buyer's registration password in the Online Store
- For marketing purposes, namely: notifying the Buyer via Viber, SMS, email, social networks, etc., determining the needs of potential Buyers in the Goods offered for sale
- For the Seller's conscientious fulfilment of their contractual obligations to the Buyer, including delivery obligations
- For the Seller to comply with the requirements of the current legislation of Ukraine, including consumer protection legislation
10.10. All disputes arising between the Buyer and the Seller are resolved through negotiations. If the dispute cannot be resolved through negotiations, the Buyer and/or the Seller have the right to apply to the courts for resolution of the dispute in accordance with the current legislation of Ukraine.
10.11. The legal relations arising from this public Agreement are governed by Art. 633 of the Civil Code of Ukraine, the Law "On Consumer Rights Protection", the Rules for the sale of goods to order and outside commercial or office premises, approved by Order of the Ministry of Economy of Ukraine dated 19.04.2007 No. 103 as amended.
10.12. For all matters not reflected in this public Agreement, the Parties shall be guided by the norms of the current legislation of Ukraine.