1. Terms and definitions
1.1. In this offer, unless the context otherwise requires, the following terms have the following meanings and are an integral part of this offer:
The seller is the ILEN online store
A buyer is any natural person who accepts a public offer on the terms of a genuine offer.
The online store is the official online store of the Seller ” ILEN “, located at https://ilen.com.ua . Within the framework of this agreement, the terms Internet store and Store, as well as the Internet address ilen.com.ua and derivatives of ilen.com.ua are equivalent and interpreted authentically, in the context of the offer.
The product is the object of the agreement of the parties, the list of assortment names is presented on the website of the online store.
Rules of sale – Rules for the sale of goods in the ” ILEN ” online store are published in the “Basket” section and in the Footer menu.
2. General provisions
2.1. The real public Offer (hereinafter referred to as the Agreement) is an official offer of the ” ILEN ” company to any person who has legal capacity and the necessary authority to enter into a contract for the sale of Goods on the terms specified in this offer and contains all the essential terms of the contract.
2.2. Relations in the field of consumer rights protection are regulated by the Civil Code of Ukraine, the Law “On the Protection of Consumer Rights” and other laws and legal acts of Ukraine adopted in accordance with it.
3. Registration on the website
3.1. Only registered Buyers can place an Order in the Online Store, while the Buyer has the right to register on the website only 1 (one) time, that is, he can have only one Personal Account.
3.2. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
3.3. The buyer registering in the online store receives individual identification by providing a login and password. Individual identification of the Buyer allows to avoid unauthorized actions of third parties on behalf of the Buyer and opens access to additional services. Transfer of login and password by the Buyer to third parties is prohibited.
3.4. The buyer is solely responsible for all possible negative consequences in case of transferring the login and password to third parties.
3.5. You can use the regular customer discount only through your Personal Account. To do this, you need to place an order after entering the site under your login. The regular customer discount is tied to a specific Personal Account because it is calculated based on purchases made through it. In case of re-registration on the website, the purchase history and the regular customer discount are not transferred from the old Personal account to the new one. Order statistics in the new Personal account are kept from scratch. You can use the discount only through the Personal account in which it was created.
4. Subject of the Agreement and the price of the Goods
4.1. The Seller transfers, and the Buyer accepts and pays for the goods under the terms of this Agreement.
4.2. Ownership of your order of Goods passes to the Buyer from the moment of actual delivery of the Goods to the Buyer and payment by the latter of the full price of the Goods. The risk of accidental damage to the Goods passes to the Buyer from the moment of the actual delivery of the Goods to the Buyer.
4.3. Prices for the Goods are determined by the Seller in a unilateral, undisputed manner and are indicated on the pages of the online store located at the Internet address: https://ilen.com.ua
4.4. The price of the product is indicated in Ukrainian hryvnias and includes value added tax.
4.5 The final price of the goods is determined by successive actions on the price of the goods.
5. The moment of conclusion of the contract
5.1. The text of this Agreement is a public offer (in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of Ukraine).
5.2. Acceptance of a real offer (agreement) is the placing of an order for the Goods by the Buyer in accordance with the terms of this offer.
5.3. The Buyer places an order for the Goods by performing the actions indicated in the “Basket” section.
5.4. The contract concluded on the basis of the Buyer’s acceptance of this offer is an accession contract to which the Buyer joins without any exceptions and/or reservations.
5.5. The fact of placing an order by the Buyer is an indisputable fact of acceptance by the Buyer of the terms of this Agreement, including the Buyer’s consent to the Seller sending him e-mail and SMS messages about the status of his order, news and surveys to improve the quality of service to Buyers. The buyer who purchased the goods in the Seller’s online store (who placed an order for the goods) is considered as a person who entered into relations with the seller under the terms of this Agreement.
6. Rights and obligations of the parties
6.1. The seller undertakes:
6.1.1. From the moment of conclusion of this Agreement, fully ensure all obligations to the Buyer in accordance with the terms of this agreement and current legislation. The seller reserves the right to default on the obligations under the Agreement in case of force majeure.
6.1.2. Process the Buyer’s personal data and ensure their confidentiality in accordance with the procedure established by current legislation.
6.1.3. By accepting a valid offer, the Buyer agrees and allows: ILEN, (hereinafter referred to as the Operator) to process their personal data, including surname, first name, patronymic, date of birth, gender, biometric personal data, place of work and position, postal address; home, work, mobile phones, e-mail address, including collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer on the territory of Ukraine and cross-border transfer), depersonalization, blocking, destruction of personal data , as well as their transfer to the Operator’s counterparties for the purpose of further processing (including collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer on the territory of Ukraine and cross-border transfer), depersonalization, blocking, destruction of personal data data) to conduct research aimed at improving the quality of services, to conduct marketing programs, statistical studies, as well as to promote services on the market by making direct contacts with the Buyer using various means of communication, including, but not limited to: mailing, e-mail, telephone, fax, Internet. The Buyer expresses his consent and allows the Operator and the Operator’s counterparties to process the Buyer’s personal data using automated database management systems, as well as other software specially developed on behalf of the Operator. Work with such systems is carried out according to the written operator of the algorithm (collection, systematization, accumulation, storage, refinement, use, blocking, destruction). Processing methods used (including, but not limited to): automatic verification of postal codes with the code base, automatic verification of the spelling of street names \\ settlements, automatic verification of the validity of VINs and state registration marks, clarification of data with the Buyer by telephone, postal communication with By the buyer or with the help of a contact via the Internet, segmentation of the base according to the specified criteria. The Buyer agrees that, if necessary for the implementation of the purposes specified in this offer, his personal data obtained by the Operator may be transferred to third parties, to whom the Operator may entrust the processing of the Buyer’s personal data on the basis of the contract concluded with such persons, when the conditions of compliance with the requirements of the legislation of Ukraine on ensuring by such third parties the confidentiality of personal data and the security of personal data during their processing. When transferring the specified data of the Buyer, the Operator warns the persons who receive the personal data of the Buyer that these data are confidential and can be used only for the purposes for which they were reported, and requires these persons to comply with this rule. The buyer has the right to request from the Operator complete information about his personal data, their processing and use, as well as to request the exclusion or correction / addition of incorrect or incomplete personal data,by sending a corresponding written request in the name of the Operator to the postal address. The consent given by the Buyer to the processing of his personal data is indefinite and can be revoked by the Buyer sending a written statement to the Operator’s postal address.
6.2. The seller has the right to:
6.2.1. Change this Agreement, Prices for Goods and Tariffs for related services, methods and terms of payment and delivery of goods unilaterally by placing them on the pages of the online store located at the Internet address: https://ilen.com.ua . All changes enter into force immediately after publication, and are considered to have been brought to the attention of the Buyer from the moment of such publication.
6.2.2. Make recordings of telephone conversations with the Buyer. According to Clause 4 of Art. 16 of the Law “On Information, Information Technologies and Protection of Information” the Seller undertakes to: prevent attempts of unauthorized access to information and/or its transfer to persons not directly related to the execution of Orders; timely detect and stop such facts.
6.2.3. Without agreement with the Buyer, transfer your rights and obligations for the performance of the Agreement to third parties.
6.2.4. Before delivering the goods ordered by the Client, the Seller has the right to demand from the Client 100% prepayment of the ordered goods. The Seller has the right to refuse the delivery of the goods to the Customer in the absence of such payment.
6.2.5. The Seller has the right not to deliver the Goods to the Client by courier at the address specified by the Client when placing the order and to deliver the Goods to the Company’s pick-up point agreed with the Client.
6.2.6. The Seller has the right to limit the simultaneous delivery of the Goods to the Customer.
6.2.7. The Seller has the right to set restrictions on the reservation of the Goods for the Buyer. The product is removed from the Reserve in case of independent removal by the Buyer or automatic removal due to the expiration of the Reserve period.
6.2.8. Use “cookies” technology. “Cookies” do not contain confidential information and are not transferred to third parties.
6.2.9. Receive information about the ip address of the visitor to the ilen.com.ua website . This information is not used to establish the identity of the visitor and is not subject to transfer to third parties.
6.2.10. The Seller has the right to send advertising and information messages to the Buyer by means of e-mail, sms and other electronic mailings with information about discounts, promotions, new arrivals, etc. The frequency of mailings is determined by the Seller independently, unilaterally.
6.2.11. The Seller has the right to unilaterally cancel the Buyer’s Order if the Buyer violates Clause 6.3.3.1. of this Offer.
6.2.12. The Seller has the right to unilaterally change the conditions of the Shares posted on the website of the online store ilen.com.ua without the consent of the Buyer, by posting such changes on the website of the online store ilen.com.ua.
6.3. The buyer undertakes:
6.3.1. Before concluding the Agreement, familiarize yourself with the content and conditions of the Agreement, the prices for the Goods offered by the Seller in the online store.
6.3.2. In order for the Seller to fulfill his obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the buyer and are sufficient for the delivery of the Goods paid by him to the Buyer.
6.3.3. Pay for the ordered Product and its delivery under the terms of this contract.
6.3.3.1. If the Buyer specifies a non-cash method of payment for the Order when placing the Order (by bank card or electronic payment system), then the Buyer is obliged to pay for the Order within 60 minutes from the moment of placing the Order by the Buyer, and not from the moment of confirmation of this Order.
6.3.3.2. If the Buyer, when placing the Order, specifies a non-cash payment method for the Order (by bank card or electronic payment system) and does not pay for the order, the goods will not be shipped to him.
6.3.4. Follow the Sales Rules.
6.4. The buyer has the right to:
6.4.1. To refuse to receive e-mails and SMS-distributions, for this he needs to click on the link in the letter “You can unsubscribe from the newsletter.”
7. Delivery of goods
7.1. Delivery of the Goods to the Buyer is carried out within the terms agreed upon by the Parties upon confirmation of the order by the Seller’s employee and under the conditions set out in the Sales Rules. If the buyer does not receive the order within the agreed time, the seller has the right to cancel the order without further informing the Client. If the order is paid, the funds are returned to the buyer.
7.2. In the case of courier delivery of the Goods, the Client places his signature in the Delivery register opposite the items of the Goods that the Client purchased. This signature serves as a confirmation that the Client has no complaints about the completeness of the order, the quantity and appearance of the Goods.
7.3. After receiving the Order, claims regarding the quantity, configuration and type of the Goods are not accepted.
7.4. Courier delivery can be made to the address specified in the Personal Cabinet.
8. Withdrawal of an offer
8.1. Withdrawal of an offer (agreement) can be made by the Seller at any time, but this is not a reason for waiving the Seller’s obligations under the same concluded contracts. The seller undertakes to post a notice of offer revocation in his online store, indicating the exact time of the offer revocation, at least 12 hours before the event of the revocation (termination) of the offer.
9. Force majeure
9.1. Any of the Parties shall be released from responsibility for full or partial non-fulfillment of its obligations under this Agreement, if this non-fulfillment was caused by force majeure circumstances that arose after the signing of this Agreement. “Force Majeure Circumstances” means extraordinary events or circumstances which such Party could not have foreseen or prevented by means available to it. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, military actions, actions of domestic or foreign government agencies, as well as any other circumstances beyond the reasonable control of one from the Parties. Changes in current legislation or regulations, directly or indirectly affecting any of the Parties, are not considered as force majeure, however, in the event of such changes, which do not allow any Party to fulfill any of its obligations hereunder According to the Agreement, the Parties are obliged to immediately make a decision regarding the procedure for eliminating this problem in order to ensure the Parties’ continued implementation of this Agreement.
10. Liability of the parties
10.1. The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the legislation of Ukraine.
10.2. All text information and graphic images posted in the online store have a legal right holder, illegal use of the specified information and images is prosecuted in accordance with the current legislation of Ukraine.
11. Other conditions
11.2. The parties will try to resolve all disputes related to non-fulfillment or improper fulfillment of their obligations under this contract during negotiations.
11.3. In the event of failure to reach an agreement during the negotiations, the disputes will be resolved in court in accordance with the current legislation of Ukraine.
