Terms of Agreement
This Agreement is a public agreement – a Public Offer Agreement, which means that according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of status (individual, legal entity, sole proprietor). By fully agreeing to this Agreement, the Buyer accepts the terms and procedure for placing an order, paying for the goods, and delivery of the goods.
This Agreement is an agreement between FOP Dudnyk K.V. (online store «spline.shop») (hereinafter referred to as the «Seller») and any legal entity, sole proprietor, or individual using the services of the online store, hereinafter referred to as the "Buyer" (hereinafter – the «Buyer»), which includes all essential conditions of organizing the purchase and sale remotely (i.e., through the online store).
The terms of this Agreement regulate the relationship between the Seller and the Buyer and are determined by the Law of Ukraine «On Consumer Rights Protection» No. 1023-XII of May 12, 1991, and the Rules of Retail Trade in Non-Food Products approved by the Order of the Ministry of Economy of Ukraine No. 104 of April 19, 2007.
This Agreement is a public offer, equivalent to an "oral agreement," and in accordance with the current legislation of Ukraine has proper legal force.
1. General Provisions
1.1. This Agreement is a public offer (in accordance with Articles 633, 641, and Chapter 63 of the Civil Code of Ukraine) and contains all essential conditions for organizing the purchase and sale remotely, i.e., through the online store.
1.2. According to Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of the public agreement, i.e., the public offer of the online store, is the fact of clicking the link "Place an order," «Submit an order» or «Buy in 1 click» and paying for the order in the amount of 100% under the terms of this Agreement.
1.3. The public offer is also considered accepted when the Buyer registers on the website of the online store.
1.4. By entering into the Agreement, the Buyer confirms that they are fully acquainted with and agree to its terms, and if the Buyer is an individual, they consent to the processing of their personal data in order to fulfill the terms of this Agreement, conduct mutual settlements, and receive invoices, acts, and other documents. Consent to the processing of personal data is valid for the entire term of the Agreement. Furthermore, by concluding this Agreement, the Buyer confirms that they have been informed (without additional notice) about the rights established by the Law of Ukraine «On Personal Data Protection,» as well as the purposes of data collection. The scope of the Buyer’s rights as a subject of personal data in accordance with the Law of Ukraine «On Personal Data Protection» is known and understood to them.
2. Terms and Definitions
2.1. «Online store» – the Seller’s website («spline.shop»), created for concluding retail and wholesale purchase and sale agreements based on the Buyer’s review of the Product description provided by the Seller in photographs, via the Internet, which excludes the possibility of the Buyer directly reviewing the Product – a remote method of selling goods.
2.2. "Product" – the list of assortment items presented in the online store.
2.3. "Personal data" – any information that directly or indirectly relates to a specific person or an identifiable person.
2.4. «Significant defect of the Product» – a defect that makes it impossible or unacceptable to use the product for its intended purpose, arises due to the fault of the manufacturer (Seller), reappears after elimination for reasons beyond the consumer’s control, and at the same time has at least one of the following characteristics:
a) it cannot be eliminated at all;
b) its elimination requires more than fourteen calendar days;
c) it makes the product substantially different from what is provided for in the agreement.
3. Subject of the Agreement
3.1. The online store 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.
3.2. This Agreement governs the purchase and sale in the online store, including:
a) voluntary selection of goods by the Buyer in the online store by category;
b) independent placement of the order by the Buyer on the online store website;
c) payment by the Buyer for the order placed in the online store;
d) execution and transfer of the order to the Buyer under the terms of this Agreement.
4. Order Placement Procedure
4.1. The Buyer independently places an order online in the online store or via telephone communication using the contacts specified in the online store.
5. Price and Payment Procedure
5.1. The full price of the goods is indicated on the Seller’s online store pages.
5.2. Prices for goods and services may change depending on market conditions, which is reflected in the prices in the online store. The Seller cannot change the price for a specific Buyer if they have already accepted the Seller’s terms and paid for the goods (services) in the manner established by this Agreement.
5.3. The Buyer pays for the order within 2 working days (100% prepayment) by bank transfer to the Seller’s current account specified in the invoice, including via Internet banking.
6. Order Delivery
6.1. Shipment of goods to the Buyer takes place after receiving 100% payment from the Buyer according to the issued invoice.
6.2. Delivery and return of goods are carried out by the Seller or a transport company (carrier) at the Buyer’s expense. The total delivery time cannot exceed 10 days.
6.3. The cost of delivery is not specified in the online store, as it depends on the current tariffs of the transport company (carrier).
6.4. For wholesale orders, delivery terms and methods are agreed separately in each specific case.
6.5. The Seller is not responsible for the delivery time of the order, as it depends on the actions of third parties (carriers).
6.6. The Buyer pays the delivery cost directly to the carrier company upon receipt of the goods. The exact delivery cost is determined by the carrier company.
7. Return of Goods of Proper Quality
7.1. The Buyer has the right to exchange Goods of proper quality for similar ones from the Seller from whom they were purchased, if the Goods did not satisfy them in form, dimensions, style, color, size, or for other reasons cannot be used for their intended purpose, under the following conditions:
A) the goods for exchange are provided to the Seller within no more than fourteen days, excluding the day of purchase;
B) the goods may be exchanged if they have never been used, show no signs of use, and if their commercial appearance, consumer properties, seals, labels, films are preserved, and the integrity of the packaging of both the goods and their components is not violated;
C) the goods do not contain scratches, chips, scuffs, and are fully functional;
D) the full completeness of the sold goods is preserved;
E) the goods may be exchanged upon presentation by the Buyer of the settlement document issued to them together with the purchased Goods.
7.1.1. The requirements of clause 7.1 do not apply to goods that, in accordance with Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine of 19.03.94 No. 172 «On the Implementation of Certain Provisions of the Law of Ukraine «On Consumer Rights Protection», are included in the List of Goods of Proper Quality Not Subject to Exchange (Return).
7.2. If the Goods do not meet the conditions specified in subclauses A) – E) of clause 7.1, the Seller has the right to refuse the exchange of Goods.
7.3. Transport costs for the delivery of Goods for exchange under clause 7.1 are borne by the Buyer.
7.4. When exchanging goods, their warranty period is recalculated from the date of exchange.
7.5. If at the time of exchange there are no similar goods available for sale, the Buyer has the right to either purchase any other goods from the available assortment with the corresponding recalculation of cost, or terminate the contract and receive back the money in the amount of the value of the returned goods, or exchange the goods for similar ones upon the first availability of such goods for sale.
8. Rights and Obligations of the Parties
8.1. The Buyer is obliged to:
a) familiarize themselves with the information about the Goods posted on the Seller’s website;
b) independently place an order on the website;
c) timely pay for and receive the order from the Carrier under the terms of this Agreement;
d) upon receiving the goods from the carrier, ensure their integrity and completeness by inspecting the contents of the package. In case of detecting damages or incomplete sets – record them in an act, which must be signed by both the Buyer and the carrier’s employee.
8.2. The Buyer has the right to demand compliance with the terms of this Agreement from the online store.
8.3. The Online Store is obliged to:
a) comply with the terms of this Agreement;
b) transfer the Goods to the Buyer in accordance with the selected sample placed in the online store, the completed order, and the terms of this Agreement;
c) the online store is not responsible, cannot act as a defendant in court, and does not reimburse damages incurred by the Buyer due to the actions or inactions of third parties.
8.4. The Online Store has the right to:
a) unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
9. Procedure for Acceptance of Goods by the Buyer
9.1. Upon receiving the Goods at the carrier’s warehouse, from the courier, or the Seller, the Buyer must check the external integrity of the packaging, then open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and their completeness.
9.2. If at least one of the deficiencies listed in clause 9.1 of the Agreement is present, the Buyer must record it in a freely drafted act. The act must be signed by the Buyer and the carrier’s employee or the Seller. Within 1 (one) day from signing the Act, the Buyer must notify the manager (Seller’s representative responsible for processing the order for the Goods) of the identified deficiencies and arrange for replacement of the Goods.
9.3. The Parties agree that in case of non-compliance with the mandatory requirements of the specified procedure, the Goods shall be deemed received by the Buyer in proper condition – without any mechanical damage and in full completeness.
9.4. In case of detection during the established warranty period (shelf life) of significant defects caused by the manufacturer (Seller) or falsification of the Goods confirmed by an expert opinion, the Buyer, in accordance with the warranty obligations of the manufacturer of the Goods and considering the terms of the Public Offer Agreement, has the right at their discretion to demand from the Seller:
9.4.1. termination of the contract and refund of the amount paid for the Goods;
9.4.2. replacement of the Goods with the same or similar Goods available from the Seller.
9.5. In such a case, upon confirmation by the Seller of significant defects of the Goods and upon the Buyer’s request, the paid funds shall be returned to the Buyer to the specified details within 7 (seven) calendar days from the return of the Goods.
9.6. In cases of replacement of defective Goods, the cost of carrier services is borne by the Seller.
9.7. In any case, the return of Goods must be carried out in the original packaging in which the Goods were delivered, with preservation of their commercial appearance and consumer properties.
9.8. All issues not regulated by this Public Offer Agreement related to the procedure and conditions of warranty repair or replacement of Goods in case of deficiencies during the warranty period (shelf life) are governed by the warranty obligations established by the manufacturer of the relevant Goods, and if the manufacturer has not established such obligations – in accordance with the current legislation of Ukraine.
10. Liability of the Parties
10.1. The Parties are liable for non-performance or improper performance of the terms of this Agreement in the manner provided for by this Agreement and the current legislation of Ukraine.
10.2. In case of force majeure, the Parties are released from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure shall mean events of an extraordinary, unavoidable, and unpredictable nature that exclude or objectively prevent the performance of this Agreement, the occurrence of which the Parties could not foresee or prevent by reasonable measures.
10.3. The Party invoking force majeure must notify the other Party in writing via email within five calendar days of the occurrence of such circumstances.
10.4. If due to force majeure the non-performance of obligations under this Agreement continues for more than five months, each of the Parties has the right to unilaterally terminate this Agreement by notifying the other Party in writing.
10.5. The Parties shall make every effort to resolve any disputes exclusively through negotiations.
11. Other Conditions
11.1. The online store reserves the right to unilaterally make changes to this Agreement with prior publication on the website «spline.shop».
11.2. The online store is created to organize a remote method of selling goods via the Internet.
11.3. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.
11.4. The Buyer is responsible for the accuracy of the information provided when placing an order.
11.5. Payment by the Buyer for an order placed in the online store means full acceptance of the Buyer with the terms of the Sales Agreement (public offer of the online store) and constitutes the date of conclusion of the Sales Agreement between the Seller and the Buyer.
11.6. The use of the online store resource for viewing products, as well as for placing an order, is free of charge for the Buyer.
11.7. The information provided by the Buyer is confidential. The online store uses the information about the Buyer solely for the operation of the online store (sending notifications to the Buyer about order fulfillment, sending promotional messages, etc.).
11.8. By accepting the Agreement or registering on the website «spline.shop» (filling out the registration form), the Buyer voluntarily consents to the collection and processing of his/her personal data in the Seller's registered database «Counterparties» for the following purpose: the data obtained by the Seller will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about orders, sending by telecommunication means (e-mail, mobile communication) promotional and special offers, information about promotions, raffles, or any other information about the store's activities. For the purposes provided in this clause, the Seller has the right to send letters, messages, and materials to the Buyer's postal address, e-mail, as well as send SMS messages and make calls to the phone number specified in the form.
11.9. The Buyer grants the Seller the right to process his/her personal data, including: placing personal data in the Buyer's databases (without additional notification of the Participant about this), storing the data indefinitely, accumulating, updating, and modifying them (as necessary). The Buyer undertakes to ensure the protection of the data from unauthorized access by third parties, not to distribute or transfer the data to any third party (except for the transfer of data to related persons, business partners, persons authorized by the Seller to directly process data for the specified purposes, as well as upon mandatory request of a competent state authority).
11.10. If the Buyer does not wish to receive promotional materials, he/she has the right to contact the Seller by submitting a request to opt-out of receiving advertising materials, sending it to the postal or e-mail address.
12. Term of this Agreement
12.1. This Agreement enters into force from the day the order is placed or registration in the online store «spline.shop» and remains valid until all conditions of the Agreement are fulfilled.
Privacy Policy
1. Scope of Application and Acceptance of the Privacy Policy
1.1. This Privacy Policy is an integral part of the Agreement (hereinafter – the «Agreement»).
1.2. Unless terms are directly defined in this Privacy Policy, they are used in the meaning specified in the Agreement.
1.3. The Privacy Policy describes which personally identifiable information you may submit online on the Website or otherwise provide to us (hereinafter – «Personal Data») is collected and used. In addition, this Privacy Policy sets out how the collected Personal Data may be corrected or deleted.
1.4. Any of your Personal Data is protected and processed by us in accordance with this Privacy Policy. You understand and agree that at the moment of providing your Personal Data, the Client accepts this Privacy Policy.
1.5. By using the Services, you consent to the collection and use of personal data as provided by the applicable personal data protection laws and this Privacy Policy.
1.6. In case of discrepancies between the provisions of this Privacy Policy and other provisions, the latter provisions of the Agreement shall prevail.
2. Registration on the Website
2.1. You may use the Website without registration; however, in such case, access to certain functional components will be limited.
2.2. During registration you provide your valid email address and password. The registration procedure may also take place via social media profiles.
2.3. When registering, we collect and process Personal Data provided by the Client and/or in the form of cookies.
3. Use of Personal Data and Transfer to Third Parties
I, the Data Subject (User), allow spline and its authorized representatives, within the framework of the Law of Ukraine «On Protection of Personal Data», to receive, collect, store, and use my personal data in the «Spline Loyalty Cards» personal data database: last name, first name, patronymic, date of birth, gender, marital status, postal address, mobile phone number, email address, tax number. At any time, my consent may be revoked by sending a written notice to the following address: Kyiv, Alma-Atinska St., 2/1. Also, for the purpose of implementing the loyalty program, I allow spline to send me messages to the postal address, email address, and/or phone number provided by me, including information about promotional campaigns conducted by spline and its partners, as well as to send gifts or prizes.
4. Cookies
4.1. A cookie is a small piece of information that is sent to your browser and stored on your computer’s hard drive.
4.2. We use cookies to track the use of our Website and to provide the Services.
4.3. We may use cookies to collect information about visitors to the Website, such as IP address, browser type, operating system, date and time of visit.
5. Plugins and Social Networks
5.1. The Website uses plugins provided by social networks, including Facebook and VKontakte (hereinafter – «Social Networks»). The plugins are identified by Social Network logos or appropriate inscriptions.
5.2. When you visit pages of the Website that contain the respective plugin, your browser establishes a direct connection with the Social Networks’ servers. They directly transmit the plugin content to your browser, which integrates it into the Website, allowing Social Network administrators to obtain information about access to the respective page of the Website.
5.3. If you use a Social Network plugin, certain Personal Data (name, date of birth, gender, email address) may be transferred to us.
5.4. When visiting the Website during an active session in a Social Network, information about such a visit may be collected by Social Network administrators.
5.5. If you interact with the plugins, for example by clicking on the «Like» button, the corresponding information is transmitted from your browser directly to the Social Network administrators and stored by them.
5.6. For complete information on the purposes and scope of data collection and processing by Social Network administrators, as well as your rights and privacy settings, please visit the privacy policy pages of the respective Social Network.
5.7. If you are a Social Network user and do not want its administrators to link data about visits to the Website with other user data, you must log out of the Social Network account before visiting our Website. You can also block Social Network plugins later using special extensions in your browser.
6. Protection of Personal Data and Confidentiality
6.1. We undertake to take all reasonable measures to prevent unauthorized access by third parties to your Personal Data.
6.2. Access to Personal Data is granted to employees who adhere to strict confidentiality standards when processing your Personal Data and whose duties are directly related to such processing.
6.3. To ensure the security and confidentiality of the Personal Data we collect on the Site, we use standardized access restriction systems and password protection.
6.4. We strive to create completely secure ways of using the Site, but you should be aware that the Internet, as a global system of interconnected computer networks, is a vulnerable environment. Therefore, the confidentiality of Personal Data transmitted through the Site or by email cannot be fully guaranteed by us, as certain stages of Personal Data transmission over the Internet are beyond our control.
7. Newsletter
7.1. By subscribing to our newsletter, you agree that we will send you messages on a regular basis, such as: Seller offers, news, and more.
7.2. You may unsubscribe from our newsletter at any time by visiting your profile on the Site or by following the link provided in the email.
7.3. We do not engage in spam mailings. Spam is the sending of unwanted email messages, usually commercial in nature, in large quantities and repeatedly, to persons with whom the user has not previously had contact, or to those who have opted out of receiving such messages.
8. Modification and Deletion of Personal Data
8.1. Unless otherwise provided in this Privacy Policy, the Client is responsible for the relevance, accuracy, and completeness of their Personal Data.
8.2. You have the right to access, modify, and delete your Personal Data.
8.3. If you wish to access, correct, or delete your Personal Data, please visit the “My Profile” page.