Public offer

Online store “Nellys-charm” represented by FLP King Vladimir Evgenievich EDRPOU 2175922192, located at the domain name nellys-charm.com, hereinafter referred to as the “Seller”, publishes a public offer for the sale of the Goods by remote means.

  1. Definition of terms
    1. Public offer (hereinafter referred to as the “Offer”) – is a public offer of the Seller, addressed to an indefinite circle of persons, to conclude with the Seller a contract for the sale of goods by remote means (hereinafter referred to as the “Agreement”) on the terms contained in this Offer, including all Appendices.
    2. Ordering Goods on the website of the Online store – the items specified by the Buyer from the assortment of Goods offered for sale when making an application for the purchase of Goods on the Website of the Online store.
    3. Product –  is an object (a piece of clothing, an accessory, shoes, bed linen) presented for sale in an online store.
    4. The product card –  is information about the Product placed in the Online store. A short Product card allows you to view a larger number of Products on one page. The detailed card more fully and in detail represents the Product itself.
    5. Seller – Individual entrepreneur
    6. Buyer – any legally capable individual who has accepted a public offer on the terms of this offer, placing Orders that are presented on the site nellys-charm.com and all its subdomains for their personal, household and other needs that are not related to the implementation of entrepreneurial activities.
    7. Online store –  is a collection of interconnected web pages placed on the Internet at a unique address (URL): nellys-charm.com, as well as its subdomains.
    8. Point of issue of orders – a separate subdivision of the Internet store, which carries out the issue of Orders to Buyers who indicated the address of the corresponding Point of issue of orders as the place of delivery
    9. Personal account – a personal and not accessible to third parties section of the Website of the Online Store, which serves for the purpose of placing Orders and issuing Services, as well as receiving special offers in accordance with these Rules, access to which is carried out after registration by entering the Buyer’s authentication data.
    10. “Site Administration” (hereinafter referred to as the Administration) – employees authorized to manage the nellys-charm site, organize and (or) process personal data, and also determine the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data.
    11. “User of the nellys-charm website” (hereinafter referred to as the User) –  is a person who has access to the nellys-charm website via the Internet and uses the information, materials and products of the nellys-charm website.
    12. “Site nellys-charm” –  is a collection of interconnected web pages located on the Internet at a unique address (URL): nellys-charm.com, as well as its subdomains.
    13. “Cookie” –  is a small piece of data sent by a web server and stored on a user’s computer, which the web client or web browser sends to the web server each time in an HTTP request when trying to open the page of the corresponding site.
  2. General Provisions
    1. The administration of the website of the online store has the right to make changes to the Offer without notifying the Buyer.
    2. The term of the Offer is not limited, unless otherwise indicated on the Website of the Online Store.
    3. The Seller provides the Buyer with complete and reliable information about the Goods, including information about the main consumer properties of the Goods, the place of manufacture, the material in the Product Card.
    4. The administration has the right to independently and without notifying the Buyer select reviews for publication, including:

      • leaving reviews about the Products posted on the Website of the Online Store, any authorized Buyer can rate the Products when using the Website of the Online Store;

      • along with the Buyer’s review, his name, indicated by him in the Personal Account of the Internet store, will be published;

      • do not publish reviews whose content does not relate to the topic of the Online store’s Website, the implementation of purchases on it;

      • not to publish reviews, the content of which does not relate to the actual experience of using the relevant Product;

      • not to publish reviews that contain profanity, offensive statements, including photographs and images that are inappropriate for publication from an ethical point of view;

      • not to publish reviews, comments containing links to other websites, personal data of third parties;

      • remove the posted review at any time;

      • independently determine the period during which reviews are considered relevant, which are published on the Website of the Internet store.

    5. The buyer has the right to register on the site only 1 (one) time, i.e. can have only one Personal Account.

    6. The Buyer agrees that the reviews left by him and the ratings given can be published and used by the Administration on the Website of the online store or on third-party sites without the additional consent of the Buyer. In this case, reviews and images attached to it are published and used “as is” with the preservation of the author’s grammar and punctuation, under the Buyer’s name indicated in the Personal Account. The buyer is responsible for the accuracy of the information contained in the reviews left by him.

    7. The Buyer agrees that messages and materials posted on the Website of the Online Store may be used by nellys-charm, including in other nellys-charm services and applications, in advertising or marketing materials posted on nellys-charm resources on the Internet , as well as on other resources and sites on the Internet, to attract the attention of other consumers to the online store as a whole or to the Goods and services of third parties, as indicating the author of the message or material (the name of the Buyer will be indicated as the author’s name, which he indicated during registration or in the settings of his data in the Personal Account), and without this, without the obligation to provide reports on the use of such messages and materials, without the need to obtain special permission from the Buyer and without payment of royalties, throughout the world without time limit , with the right of nellys-charm to grant the specified rights of use of such messages and materials to th persons.

    8. The administration has the right to Cancel an Order with a non-cash payment method after 24 hours from the date of registration, in case of not receiving payment.

    9. Statements, including claims for the Goods, are accepted by e-mail: info@nellys-charm.com In the case of sending a claim by e-mail, the Buyer agrees to receive a response to such a claim in the same electronic form.

  3. The price of the product
    1. The price for each item of the Product is indicated on the Website of the Internet store.
    2. The price of the Goods is indicated in Ukrainian hryvnias, in US dollars, in rubles of the Russian Federation, the currency depends directly on the choice of the country on the Website of the online store, and includes value added tax.
    3. The Seller has the right to unilaterally change the price for any item of the Goods. All changes take effect immediately after publication, and are considered brought to the attention of the Buyer from the moment of such publication.
    4. The Buyer has the right to confirm or cancel the Order for the purchase of the Goods if the price is changed by the Seller after placing the Order.
    5. The change by the Seller of the price for the Goods paid by the Buyer is not allowed.
    6. The Seller indicates the cost of delivery of the Goods on the Website of the Online Store, for more information, see the section “Delivery of Goods”.
    7. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the Seller receives the funds.
    8. Payments between the Seller and the Buyer for the Goods are made in the ways indicated on the Website of the Internet store in the section “Payment Methods”.
  4. Checkout
    1. The order of the Goods is carried out by the Buyer through the service of the website of the Internet store https://nellys-charm.com/korzina/.
    2. When registering on the Website of the Online Store, the Buyer undertakes to provide the following registration information:
      • last name, first name of the Buyer or the person (recipient)specified by him;
      • the address to which the Goods should be delivered (if delivery is to the Buyer’s address);
      • E-mail address;
      • contact phone number.
      • The Seller undertakes to process the Buyer’s personal data and ensure their confidentiality in the manner prescribed by the current legislation.
    3. The name, quantity, assortment, price of the Goods selected by the Buyer are indicated in the Buyer’s basket on the Website of the Internet store.
    4. If the Seller needs additional information, he has the right to request it from the Buyer. If the Buyer does not provide the necessary information, the Seller is not responsible for the Product selected by the Buyer.
    5. By placing an Order, the Buyer confirms that:
      • a) fully familiarized himself with the provisions of this Offer and accepts them;
      • b) fully understands the meaning and consequences of their actions in relation to the conclusion and execution of the contract concluded with nellys-charm;
    6. By placing an Order, the Buyer agrees that nellys-charm may entrust the execution of the contract to a third party, remaining responsible for its execution to the Buyer.
    7. nellys-charm has the right to block for the Buyer the possibility of ordering in case of repeated cancellation of the Orders made by the Buyer, as well as in case of violation by the Buyer of these Rules.
    8. By placing an order on the Website of the Online Store, the Buyer agrees to receive: (a) emails / push notifications that nellys-charm may send to the Buyer; (b) messages (SMS) to the phone number specified by the Buyer, as well as a call with a proposal to evaluate the quality of the Internet store to the phone number specified by the User.
    9. The Buyer undertakes to pay for the ordered Goods in accordance with these Rules.
    10. Before placing the Order, the Buyer undertakes to familiarize himself with all the terms of this Offer, as well as the purchase of Goods on the Website of the Online Store. At the same time, obvious errors, including typos, made in the description of the Goods or in the description of the Service, are not legally binding.
    11. The Buyer’s acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data into the registration form on the Website of the Online Store or when placing an Order through the Service of the Website of the Online Store https://nellys-charm.com/korzina/. After placing the Order through the service of the Website of the Online Store https://nellys-charm.com/korzina/, the data about the Buyer is registered in the Seller’s database. Having approved the Order of the selected Product, the Buyer provides the Operator with the necessary information in accordance with the procedure specified in clause 4.2. of this Offer.
    12. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the Order.
    13. The Buyer is responsible for the accuracy of the information provided when placing an Order.
    14. The contract of sale and purchase by remote means between the Seller and the Buyer is considered concluded from the moment the Seller receives a message about the Buyer’s intention to purchase the Goods.
    15. nellys-charm has the right to demand from the Buyer 100% prepayment of the ordered Goods. nellys-charm has the right to refuse the Buyer to place an Order and deliver the Goods in the absence of such payment.
    16. The Buyer may use cookie technology, web beacons, pixels, the Buyer’s local browser storage, scripts, identifiers, information about the IP-address of the Site Visitor to provide a number of services.
      1. The seller uses cookies for the following purposes: preferences, services, security, notifications, advertising, analytics of the online store. This information is not used to identify the Buyer and is not transferable to third parties, with the exception of the Data may be transferred to the following third parties:


        Systems for collecting visit statistics (Google Analytics – https: //www.google.com.ua/intl/ru/policies/privacy/, Yandex.ru – http://legal.yandex.ru/confidential/);
      2. The buyer can disable the use of cookies through the devices or browser used, or when entering the online store, which will affect the further use of the online store.
    17. The Seller has the right to send advertising and information messages to the Buyer via e-mail and sms-mailings with information about discounts, promotions, new arrivals, etc. The frequency of mailings is determined by the Seller independently, unilaterally.
  5. Delivery and transfer of goods to the buyer
    1. The Seller provides the Buyer with services for the delivery of the Goods in one of the ways indicated on the Website of the Online Store in the “Delivery of Goods” section.
    2. If the Agreement for the sale of goods by remote means (hereinafter referred to as the Agreement) is concluded with the condition of delivery of the Goods to the Buyer, the Seller is obliged to deliver the Goods to the place specified by the Buyer within the approximate time period established by the Agreement, depending on the country and its location.
    3. The place of delivery of the Goods is indicated by the Buyer when placing the Order for the purchase of the Goods.
    4. The delivery time of the Goods to the Buyer consists of the processing time for the Order and the delivery time.
    5. The seller tries to comply with the agreed delivery times as much as possible. The Seller is not responsible for possible delays in delivery due to unforeseen circumstances that occurred through no fault of the Seller, which could not have been foreseen.
    6. The Buyer undertakes to accept the Order within the agreed delivery time. The delivered Goods are transferred to the Client and in his absence – to any person who has presented an Order confirmation or other document confirming the delivery of the Goods.
    7. Information about the Goods is brought to the attention of the Buyer in the technical documentation attached to the Goods, on the labels, by marking or in another way, adopted for certain types of Goods.
    8. Return of the goods is possible up to 14 days from the date of receipt of the Goods in accordance with the legislation of Ukraine, you can find out more on the page in the section of the Website of the Internet store “Return of goods”
    9. In order to fulfill the Seller’s obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer and is sufficient to deliver the Goods paid for to the Buyer.

    10. nellys-charm has the right not to deliver the Goods to the Buyer “to the door”, including without 100% prepayment of the ordered Goods, to the address indicated when the Buyer placed the Order, and to transfer the Goods by delivery to the point of issue of orders indicated by the Buyer.

    11. A prerequisite for the return of goods are:
      1. No traces of use.
      2. Availability of a branded label
      3. Integrity of packaging and assembly.
      4. Commercial appearance.
      5. Availability of the Seller’s sales receipt.
    12. Transport companies are responsible for the integrity and safety of the Goods.
    13. After receiving the Order, claims to the quantity, completeness and type of the Goods are not accepted.
  6. Force Majeure
    1. Either Party is released from liability for full or partial failure to fulfill its obligations under this Agreement, if this failure was caused by force majeure circumstances that arose after the signing of this Rules. “Force Majeure Circumstances” means extraordinary events or circumstances that such Party could not foresee or prevent by means available to it. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, hostilities, actions of Russian or foreign government agencies, as well as any other circumstances beyond the reasonable control of either Party. … Changes in the current legislation or regulations that directly or indirectly affect any of the Parties are not considered Force Majeure Circumstances, however, if such changes are made that do not allow any of the Parties to fulfill any of its obligations under this Agreement, The Parties are obliged to immediately decide on the procedure for eliminating this problem in order to ensure that the Parties continue to execute this Agreement.
  7. Responsibility of the parties
    1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties shall be liable in accordance with the legislation of Ukraine.
    2. All text information and graphic images posted in the online store have a legal copyright holder, illegal use of this information and images is prosecuted in accordance with the current legislation of Ukraine.
  8. Other conditions
    1. All disputes related to non-performance or improper performance of their obligations under this agreement, the parties will try to resolve in the course of negotiations.
    2. If no agreement is reached during the negotiations, disputes will be resolved in court in accordance with the current legislation of Ukraine.
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