Terms and Conditions

PUBLIC AGREEMENT (OFFER)
for ordering, purchasing, selling and delivering goods

This agreement is the Seller's official public offer to enter into a sale and purchase agreement for Goods presented at www.Lut.com.ua. This agreement is public: under Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers, regardless of their status as an individual, legal entity or individual entrepreneur, without preference for any buyer. By entering into this Agreement, the Buyer fully accepts its terms and procedures for placing an order, paying for Goods, delivering Goods, returning Goods, liability for orders placed in bad faith, and all other terms. The Agreement is considered concluded when the Buyer clicks “Confirm Order” on the checkout page in the “Cart” section and receives electronic order confirmation from the Seller.

1. Definitions

1.1. Public offer (“Offer”) means the Seller's public proposal to an indefinite group of persons to enter into a distance sale and purchase agreement (“Agreement”) with the Seller on the terms of this Offer.

1.2. Goods or Service means the subject of the transaction between the parties selected by the Buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.

1.2. Online Store means the Seller's website at www.lut.com.ua, created for concluding retail and wholesale sale and purchase agreements after the Buyer reviews the Seller's description of Goods online.

1.3. Buyer means a legally capable individual aged at least 18 who receives information from the Seller and orders Goods presented on the Online Store website for purposes unrelated to business activity, or a legal entity or individual entrepreneur.

1.4. Seller means Individual Entrepreneur Lutsenko Anastasiia Yuriivna (identification code 3434204422), described in the source as a legal entity established and operating under Ukrainian law, located at: Ukraine, Odesa, 166 Liustdorfska Doroha Street, Building 1, Apartment 58.

2. Subject of the 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 on the terms of this Agreement.

2.2. The date the Offer Agreement is concluded (acceptance of the Offer), and the moment the Buyer fully and unconditionally accepts its terms, is the date the Buyer completes the order form on the Online Store website, provided the Buyer receives electronic order confirmation from the Seller. If necessary, the Agreement may be executed in writing at the Buyer's request.

3. Placing an Order

3.1. The Buyer places an order independently through the Online Store's “Cart” form, or by email or telephone using the details in the Online Store's contact section.

3.2. The Seller may refuse to deliver an order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts about its authenticity.

3.3. When ordering on the Online Store website, the Buyer undertakes to provide the following mandatory information required for the Seller to fulfil the order:

3.3.1. The Buyer's surname and first name;

3.3.2. The address to which the Goods should be delivered, if delivery is to the Buyer's address;

3.3.3. A contact telephone number;

3.3.4. The identification code of a legal entity or individual entrepreneur.

3.4. The name, quantity, item number and price of the Goods selected by the Buyer are shown in the Buyer's cart on the Online Store website.

3.5. If either party needs additional information, it may request it from the other party. If the Buyer does not provide necessary information, the Seller is not responsible for the quality of service provided to the Buyer in connection with an Online Store purchase.

3.6. When placing an order through the Seller's operator (clause 3.1), the Buyer undertakes to provide the information specified in clauses 3.3–3.4 of this Offer.

3.6. The Buyer accepts this Offer by entering the relevant information in the registration form on the Online Store website or by placing an order through an operator. After an order is placed through an operator, the Buyer's details are entered into the Seller's database.

3.7. The Buyer is responsible for the accuracy of the information provided when placing an order.

3.8. By concluding the Agreement—that is, accepting this offer's proposed terms of purchase by placing an Order—the Buyer confirms that:

(a) the Buyer has read and fully agrees to the terms of this Offer;

(b) the Buyer consents to the collection, processing and transfer of personal data. This consent applies throughout the term of the Agreement and for an unlimited period after it ends. By concluding the Agreement, the Buyer also confirms that they have been informed, without further notice, of their rights under the Law of Ukraine “On Personal Data Protection”, the purposes of data collection, and the transfer of their personal data to the Seller so the Seller can perform this Agreement, settle payments and provide invoices, certificates and other documents. The Buyer agrees that the Seller may give third parties access to and transfer the Buyer's personal data without further notice to fulfil the Buyer's order. The Buyer knows and understands the scope of their rights as a personal data subject under the Law of Ukraine “On Personal Data Protection”.

4. Price and Delivery of Goods

4.1. The Seller sets the prices of Goods and services independently, and they are shown on the Online Store website. All prices are shown in Ukrainian hryvnias, including VAT.

4.2. The Seller may change prices of Goods and services unilaterally in response to market conditions. However, the Seller may not unilaterally change the price of an individual item of Goods that the Buyer has paid for in full.

4.3. The price shown on the Online Store website does not include delivery to the Buyer. The Buyer pays the selected delivery service (carrier) directly for delivery, according to its current rates.

4.4. The price shown on the Online Store website does not include delivery to the Buyer's address.

4.5. The Seller may provide an estimated cost of delivery to the Buyer's address when the Buyer requests it by email or when placing an order through an Online Store operator.

4.6. The Buyer's obligation to pay for Goods is fulfilled when funds reach the Seller's account.

4.7. The Seller and Buyer settle payment for Goods using the methods specified in the Online Store's “Payment and Delivery” section.

4.8. Upon receipt, the Buyer must check the Goods in the presence of the delivery service (carrier) representative for conformity with their qualitative and quantitative characteristics, including product name, quantity, completeness and expiry date.

4.9. When accepting the Goods, the Buyer or their representative confirms by signing the sales receipt, order or delivery waybill that they have no claims concerning the quantity, appearance or completeness of the Goods.

4.10. Ownership and the risk of accidental loss of or damage to the Goods pass to the Buyer or their Representative when the Buyer receives the Goods at the delivery location in the case of self-delivery from the Seller, or when the Seller hands the Goods to the delivery service (carrier) chosen by the Buyer.

5. Rights and Obligations of the Parties

5.1. The Seller must:

5.1.1. Transfer the Goods to the Buyer in accordance with this Agreement and the Buyer's order.

5.1.2. Not disclose private information about the Buyer or give third parties access to it, except as provided by law and when fulfilling the Buyer's Order.

5.2. The Seller may:

5.2.1. Unilaterally change this Agreement's terms and the prices of Goods and services by posting the changes on the Online Store website. Changes take effect upon publication.

5.3. The Buyer undertakes to:

5.3.1. Read the Agreement, its terms and the prices offered by the Seller on the Online Store website before entering into the Agreement.

5.3.2. Provide all information necessary to identify the Buyer unambiguously and deliver the ordered Goods so the Seller can fulfil its obligations.

6. Returns

6.1. The Buyer may return non-food Goods of satisfactory quality if they are unsuitable in shape, dimensions, style, colour or size, or cannot be used for their intended purpose for another reason. The Buyer may return such Goods within 14 (fourteen) days, excluding the purchase date. Goods of satisfactory quality may be returned if unused and if their saleable appearance, consumer properties, packaging, seals, labels and the payment document issued to the Buyer are preserved. The Cabinet of Ministers of Ukraine approves the list of Goods that cannot be returned on the grounds set out in this clause.

6.2. The price of Goods of satisfactory quality will be refunded to the Buyer within 30 (thirty) calendar days after the Seller receives the Goods, provided the requirements of clause 6.1 and applicable Ukrainian law have been met.

6.3. Refunds are made by bank transfer to the Buyer's account.

6.4. The Buyer bears the cost of returning Goods of satisfactory quality to the Seller's address; the Seller will not reimburse that cost.

6.5. If defects are found during the applicable warranty period, the Buyer may personally make claims against the Seller under the Law of Ukraine “On Consumer Rights Protection”, in the manner and within the time limits prescribed by Ukrainian law. If the Buyer demands that defects be remedied free of charge, the period for doing so begins when the Seller receives the Goods and has physical access to them.

6.6. The Seller reviews claims under the Law of Ukraine “On Consumer Rights Protection” when the Buyer provides the documents required by applicable Ukrainian law. The Seller is not responsible for defects arising after delivery to the Buyer as a result of the Buyer's breach of rules for use or storage, third-party actions or force majeure.

6.7. The Buyer may not reject Goods of satisfactory quality that have individually specified properties if they can be used only by the Buyer who purchased them, including non-standard dimensions, characteristics, appearance or configuration requested by the Buyer. A difference between the Goods' dimensions or other characteristics and those shown in the Online Store confirms their individually specified properties.

6.8. Returns permitted by law and this Agreement are sent to the address shown in the website's “Contact” section.

7. Liability

7.1. The Seller is not responsible for harm to the Buyer or third parties resulting from improper installation, use or storage of Goods purchased from the Seller.

7.2. The Seller is not responsible for improper or late fulfilment of orders or obligations if the Buyer provides inaccurate or erroneous information.

7.3. The Seller and Buyer are responsible for fulfilling their obligations under applicable Ukrainian law and this Agreement.

7.4. The Seller or Buyer is released from liability for full or partial non-performance caused by force majeure, such as war or military action, earthquake, flood, fire or other natural disasters arising beyond the Seller's or Buyer's control after this Agreement is concluded. A party unable to fulfil its obligations must immediately notify the other party.

8. Confidentiality and Personal Data Protection

8.1. By providing personal data when registering or placing an Order on the Online Store website, the Buyer voluntarily consents to the Seller's processing and use of their personal data, including transfer, and to other actions provided for by the Law of Ukraine “On Personal Data Protection”, with no time limit on that consent.

8.2. The Seller undertakes not to disclose information received from the Buyer. Disclosure to contractors or third parties acting under an agreement with the Seller, including to fulfil obligations to the Buyer, or when required by applicable Ukrainian law, is not considered a breach.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor or failed performance of its obligations caused by outdated or inaccurate Buyer information.

9. Other Terms

9.1. This Agreement is concluded in Ukraine and is governed by applicable Ukrainian law.

9.2. Disputes between the Buyer and Seller are resolved by negotiation. If negotiation fails, either party may refer the dispute to a court in accordance with applicable Ukrainian law.

9.3. The Seller may unilaterally amend this Agreement under clause 5.2.1. The parties may also amend it by mutual agreement in the manner provided for by applicable Ukrainian law.

SELLER'S ADDRESS AND DETAILS

ФОП Луценко Анастасія Юріївна
Україна,65133, м. Одеса, вул. Люстдорфська дорога, буд. 166, корпус 1, кв. 58
п/р UA733052990000026004044900927 в АТ « ПриватБанк »
МФО 305299
ІПН 3434204422
тел. (063) 7052350
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