Terms of service
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Reflection period: the period within which the consumer can exercise their right of withdrawal;
Consumer: a natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuous performance contract: a distance contract relating to a series of products and/or services, where the obligation of delivery and/or performance is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services by the entrepreneur, exclusively using one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: a tool that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
FLUFFY
Company Number:
Email: info@fluffy.ua
Phone Number: +380 (44) 300-12-12
Address: Kyiv, st. Zhilyanska, 7V
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, in deviation from the previous clause and before the distance contract is concluded, the text of these general terms and conditions can be provided to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge by electronic means or in another way upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy, and in the event of conflicting general terms and conditions, the consumer shall always be able to invoke the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are wholly or partially void or voidable at any time, the agreement and these conditions shall remain in force for the rest, and the relevant provision shall be replaced by a provision that most closely approximates the purport of the original provision in mutual consultation and without delay.
Matters not regulated in these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The offer
If an offer has a limited validity or is subject to conditions, this shall be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be a cause for compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
- the price, excluding customs duties and import VAT. These additional costs will be borne by the customer. With regard to customs clearance, the postal and/or courier service will use the special regime for postal and courier services. This regime applies when the goods are imported into the country of destination, which is also the case in the present situation. The postal and/or courier service collects VAT (whether or not together with the invoiced customs clearance costs) from the recipient of the goods;
- any shipping costs;
- how the contract will be concluded and what actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and performance of the contract;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication tool used;
- whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
- how, before the conclusion of the agreement, the consumer can check the data provided by him/her in the context of the agreement and, if desired, correct it;
- any other languages in which, besides Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuous performance contract.
Optional: available sizes, colors, and types of materials.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can – within the law – gather information about the consumer's ability to fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has sound reasons not to enter into the agreement, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution.
The entrepreneur shall send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visiting address of the entrepreneur's business establishment where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information on warranties and existing after-sales service;
- the price, including all taxes on the product or service; insofar as applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
- In the case of a continuous performance contract, the stipulation in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
When delivering products:
When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for a period of at least 14 days. This reflection period commences on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When providing services:
When services are provided, the consumer has the option to dissolve the agreement without giving any reason for a period of at least 14 days, starting on the day of entering into the agreement.
To exercise the right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.
Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the goods are for his account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly of a personal nature;
- that cannot be returned due to their nature;
- that can quickly deteriorate or expire;
- whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
- whose delivery has commenced with the consumer's express consent before the reflection period has expired;
- concerning bets and lotteries.
Article 9 – The price
During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Not withstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions;
- the consumer has the authority to cancel the agreement from the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
Article 10 – Conformity and warranty
The entrepreneur ensures that the products and/or services meet the agreement, ensure the specifications stated in the offer, ensure reasonable requirements of reliability, and/or usability.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer, on the grounds of the agreement, can enforce against the entrepreneur.
Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The products must be returned in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
- the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal circumstances or have been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
- the inadequacy in whole or in part is the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care when receiving and fulfilling orders for products.
The place of delivery is the address provided by the consumer to the company.
In compliance with the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed within 30 days after placing the order. In this case, the consumer has the right to terminate the agreement without any costs and the right to any compensation.
In case of termination according to the previous clause, the entrepreneur will refund the amount that the consumer paid as soon as possible, but no later than within 14 days after termination.
If the delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a replacement item. Clear and understandable notice that a replacement item is being delivered will be provided at the latest upon delivery. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be covered by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative previously made known to and acknowledged by the entrepreneur, unless explicitly agreed otherwise.
Article 12 – Duration Transactions: Duration, Termination, and Extension
Termination
The consumer can terminate an agreement concluded for an indefinite period and which pertains to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement concluded for a definite period and which pertains to the regular delivery of products (including electricity) or services at any time by the end of the agreed duration, subject to agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time and not be limited to termination at a specific time or in a specific period;
- terminate at least in the same manner as they were entered into;
- terminate at any time with the same notice period as the entrepreneur has stipulated for themselves.
Extension
An agreement concluded for a definite period and which pertains to the regular delivery of products (including electricity) or services cannot be silently extended or renewed for a specified duration.
Contrary to the previous clause, an agreement concluded for a definite period and which pertains to the regular delivery of daily, news, and weekly newspapers and magazines may be silently extended for a maximum duration of three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a definite period and which pertains to the regular delivery of products or services may only be silently extended for an indefinite duration if the consumer can terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement pertains to the regular delivery, but less than once a month, of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the trial or introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be silently continued and will automatically end after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness oppose termination before the agreed duration ends.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the commencement of the reconsideration period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details promptly to the entrepreneur.
In case of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted in full and clearly described within 7 days after the consumer has identified the defects to the entrepreneur.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed reply.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Only Ukrainian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
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