Terms of use

This Agreement is an official and public offer of the NARDELLI online store (hereinafter referred to as the “Seller”) to conclude a contract for the purchase and sale of the goods presented on the website  https://nardelli.com.ua/. 

This Agreement is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, or sole proprietor) without granting preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions regarding the order process, payment for goods, delivery of goods, return of goods, liability for fraudulent orders, and all other conditions of the Agreement.

The Agreement is considered concluded at the moment the Buyer clicks the “Confirm Order” button on the checkout page in the “Cart” section and receives confirmation of the order from the Seller either electronically or by phone.

1. Definitions

1.1. Public Offer (hereinafter – “Offer”) – a public proposal made by the Seller, addressed to an unspecified circle of persons, to conclude with the Seller a contract for the purchase and sale of goods remotely (hereinafter – “Agreement”) through the online store on the website:  https://nardelli.com.ua/ under the conditions specified in this Offer.

1.2. Goods or Services – the subject of the parties’ transaction, which was selected by the Buyer on the website of the online store and placed in the cart or already purchased by the Buyer from the Seller remotely.

1.3. Online Store – the Seller’s website at: https://nardelli.com.ua/ created to conclude retail purchase and sale agreements based on the Buyer’s review of the goods offered by the Seller via the Internet.

1.4. Buyer – any legally capable individual who, in the manner prescribed by this Agreement, by their own free will has fully accepted (agreed to) all of its terms without exception.

1.5. Seller – contact person: Sole Proprietor Yuliia Ivanivna Vestoropska, EDRPOU (Tax ID) – 2429910749, phone number: +380503419581, Ukraine, postal code: 69002, Zaporizhzhia region, city of Zaporizhzhia, Akademika Chabanenka St., Building 11, Apt. 31.
Email: nardelliboutique@gmail.com

1.6. All other terms not separately defined in this Agreement shall be interpreted in their literal grammatical meaning based on the provisions of current legislation of Ukraine, business customs, as well as the purpose and subject of this Agreement.

2. Subject of the Agreement

2.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

2.2. The date of conclusion of the Offer Agreement (acceptance of the Offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be considered the moment of delivery (transfer) of the Goods, provided that the Buyer has made full (100%) payment for the Goods and/or the date when the Buyer completes the order form located on the online store’s website, subject to the Buyer’s receipt of order confirmation from the Seller either electronically or by phone. If necessary, at the Buyer’s request, the Agreement may be drawn up in written form.

3. Placing an Order

3.1. The Buyer independently places an order in the online store through the “Cart” form, or by placing an order via email or by phone number specified in the contacts section of the online store.

3.2. The Seller has the right to refuse to deliver the order to the Buyer if the information provided by the Buyer during the order process is incomplete or raises doubts about its validity.

3.3. When placing an order on the online store’s website, the Buyer independently and at their own discretion selects the available goods offered for sale and:

  • Clicks the “Add to Cart” button and independently fills out and submits to the Seller the “Checkout” form, in which they must provide their last name, first name, patronymic, contact phone number, email address, chosen payment method, and chosen delivery method and desired delivery address.

3.4. The name, quantity, and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the online store’s website.

3.5. If either Party to the Agreement requires additional information, they have the right to request it from the other Party. If the Buyer fails to request the necessary/additional information, the Seller shall not be held responsible for providing a quality service to the Buyer when purchasing goods in the online store.

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

3.7. After completing the “Checkout” form, the Buyer must carefully review all the terms of this Agreement, and in the event of full acceptance (agreement) of these terms, click the “Confirm Order” button, which is considered as the Buyer’s submission of the respective Order for the selected Goods.

3.8. This Agreement is considered concluded, and the Seller’s offer to conclude this Agreement (Offer) is deemed fully accepted (agreed upon) by the Buyer at the moment the Buyer clicks the “Confirm Order” button on the website:  https://nardelli.com.ua/

3.9. By clicking the “Confirm Order” button, the Buyer confirms their full and unconditional agreement with all the terms of this Agreement without exception, including the terms regarding the delivery and payment for the Goods at the prices specified on the online store’s website as of the date the Buyer concludes this Agreement.

3.10. By clicking the “Confirm Order” button, the Buyer confirms that they have been properly informed by the Seller in a convenient and accessible manner, in accordance with Part 2 of Article 13 of the Law of Ukraine “On Consumer Protection,” about:

  • the location and business hours of the Seller;
  • the main characteristics and consumer properties of the Goods selected by the Buyer;
  • the cost of the Goods selected by the Buyer;
  • the method, procedure, and conditions of payment and delivery of the Goods selected by the Buyer;
  • the procedure for handling claims;
  • the period of acceptance of the proposal (Offer) to conclude this public Agreement;
  • the procedure for termination of this Agreement;
  • other conditions under which the Goods are offered for sale.

3.11. By clicking the “Confirm Order” button, the Buyer confirms that they have fully and properly received all necessary, accessible, reliable, and timely information about the selected Goods in accordance with Article 15 of the Law of Ukraine “On Consumer Protection,” which has ensured the Buyer’s ability to make an informed and competent choice of the Goods.

3.12. The Buyer’s clicking of the “Confirm Order” button is considered an unconditional and full acceptance by the Buyer of all the terms of this Agreement without exception, as well as the entry into the relevant contractual legal relations with the Seller. In cases provided for by the current legislation of Ukraine, this Agreement shall be executed in written form.

3.13. The period for the Seller to process and fulfill the Order placed by the Buyer for the Goods is up to four (4) business days from the date the Buyer completes and submits the Order form for the Goods in accordance with clauses 3.1–3.2 of this Agreement. If the Order for the Goods was submitted by the Buyer on a weekend or public holiday, the processing and fulfillment period for such an Order begins on the first business day following the weekend or public holiday (this clause applies only to the processing and fulfillment of the order, not to the production time of the Goods).

3.14. The Buyer is responsible for the accuracy of the information provided when placing the Order.

4. Price and Delivery of Goods

4.1. The prices for the Goods are determined by the Seller independently and are indicated on the online store’s website. All prices for the Goods listed on the website are in the national currency – hryvnia (UAH).

4.2. Prices for the Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of an individual unit of Goods that has been paid for in full by the Buyer cannot be changed by the Seller unilaterally.

4.3. The price of the Goods indicated on the online store’s website does not include the cost of delivery of the Goods to the Buyer. The Buyer pays for the delivery of the Goods in accordance with the current tariffs of the delivery service (carrier) chosen by the Buyer.

4.4. The price of the Goods indicated on the online store’s website does not include the cost of delivery of the Goods to the Buyer’s address.

4.5. The Seller may provide an estimated delivery cost of the Goods to the Buyer’s address upon the Buyer’s request by sending an email to the Seller or when placing an order through the online store’s operator.

4.6. The Buyer’s payment obligations for the Goods are considered fulfilled once the funds are credited to the Seller’s account.

4.7. Settlements between the Seller and the Buyer for the Goods are carried out using the payment methods specified on the online store’s website in the “Payment Method” section.

4.8. Failure by the Buyer to fulfill their payment obligations for the ordered Goods is regarded as a unilateral refusal by the Buyer from this Agreement in full, which, accordingly, results in the termination of all obligations of the Seller that arose as a result of the Buyer’s acceptance of the Seller’s offer to conclude this Agreement.

4.9. All settlements under this Agreement are made exclusively in the national currency of Ukraine. For the convenience of informing some Buyers, the Seller may also indicate the price in a foreign currency; however, the amount payable in hryvnias is determined by the official exchange rate of the respective currency on the day of payment.

4.10. If the Buyer orders Goods with delivery, the Seller undertakes to deliver the ordered Goods to the Buyer or Recipient of the Goods within the period specified in the relevant automatic electronic notification about the processing of the Buyer’s Order for the Goods, but in any case no later than thirty (30) calendar days from the date the Buyer concludes this Agreement (acceptance by the Buyer of the Seller’s Offer), to the place of delivery specified by the Buyer in the relevant Order for the Goods.

4.11. Delivery of the Goods is carried out by the Seller in the manner and to the place specified by the Buyer in the relevant Order for the Goods.

4.12. The cost of delivery of the Goods ordered by the Buyer is determined depending on the location and method of delivery specified by the Buyer in the relevant Order for the Goods.

4.13. Delivery and handover (transfer) of the ordered Goods using the delivery service “Nova Poshta” LLC is carried out under this Agreement, taking into account the special delivery conditions established by “Nova Poshta” LLC.

4.14. Upon receipt of the Goods, the Buyer must, in the presence of the delivery service representative (carrier), check the compliance of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).

4.15. The Buyer or their representative, during acceptance of the Goods, confirms their acceptance by signing the sales receipt and/or the order and/or the transport waybill for the delivery of the Goods.

4.15.1. The signature of the Buyer or the Recipient of the Goods on the second copy of the Order form for the Goods is unconditional confirmation of the following facts:

  • receipt of the ordered Goods by the Buyer or the Recipient of the Goods;
  • compliance of the ordered Goods with the Order submitted by the Buyer;
  • absence of any claims by the Buyer regarding the quality and completeness of the ordered Goods.

4.16. Ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or their Representative at the moment the Seller transfers the Goods to the delivery service (carrier) chosen by the Buyer.

4.17. This Agreement is considered fulfilled at the moment the Buyer or the Recipient of the Goods receives the ordered Goods of proper quality and completeness, which fully comply with the Order submitted by the Buyer for these Goods.

4.18. The Buyer’s or the Recipient’s refusal to accept the ordered Goods that are of proper quality, complete, and fully compliant with the Order submitted by the Buyer, and/or refusal by the Buyer or the Recipient to sign the documents for these Goods, shall be deemed a unilateral refusal by the Buyer to accept this Agreement in full. Accordingly, this results in the termination of all obligations of the Seller that arose from the Buyer’s acceptance of the Seller’s offer to conclude this Agreement, except for the Seller’s obligation to refund the funds paid by the Buyer for the Goods (if such funds were paid) and the Buyer’s obligation to pay for the delivery (if courier delivery was ordered).

5. Rights and Obligations of the Parties

5.1. The Buyer is obligated to:
a) familiarize themselves with the information about the Goods available on the Seller’s website;
b) place the order on the website independently;
c) make timely payment and collect the order from the Carrier under the terms of this Agreement;
d) upon receiving the Goods from the carrier, verify their integrity and completeness by inspecting the contents of the packaging. In case of detecting any damages or incomplete sets, they must document them in an act signed jointly by the Buyer and the carrier’s employee;
e) notify the Seller about the failure to deliver the Goods within the time agreed upon by the Parties;
f) refrain from any actions or attempts of actions that may result in criminal, administrative, or civil liability as defined by Ukrainian law.

5.2. The Buyer has the right to:
a) demand that the online store complies with the terms of this Agreement;
b) in case of discovering defects within the established warranty period (14 days from the date of purchase), demand the following as per legislation:

  • a proportional reduction in price;
  • free elimination of defects in the Goods within a reasonable period;
  • reimbursement of expenses for the elimination of defects in the Goods;
  • replacement of the Goods with the same or a similar item available from the Seller.

c) submit written complaints to the Seller regarding any issues related to the purchased Goods;
d) terminate the concluded Agreement by notifying the Seller within fourteen days from the date of receiving the Goods at the courier company’s branch, if the Goods do not satisfy them in terms of style, dimensions, color, size, or other reasons preventing its intended use;
e) exercise other rights in accordance with current legislation and these Rules.

5.3. The Seller is obligated to:
a) comply with the terms of this Agreement;
b) inform Buyers of any changes to these Rules by posting updates on the Website;
c) deliver the Goods to the Buyer in accordance with the selected sample displayed in the online store, the completed order, and the terms of this Agreement;
d) ensure fulfillment of warranty obligations in accordance with the Law of Ukraine “On Consumer Protection” and these Rules;
e) accept inquiries, applications, complaints, and suggestions from Buyers and respond to them within the period established by law;
f) not bear responsibility, cannot be a defendant in court, and does not compensate for damages incurred by the Buyer due to actions or inactions of third parties.

5.4. The Seller has the right to:
a) make changes to these Rules by posting updates on the Website;
b) change the assortment of Goods and adjust their prices without the Buyer’s consent, except for Goods already ordered by the Buyer;
c) if unable to fulfill the Agreement due to the unavailability of the ordered Goods, notify the Buyer within three (3) calendar days but no later than thirty (30) days from the date of receiving the Buyer’s order. In such cases, the Seller has the right to substitute the Goods if:

  • the substitute Goods meet the intended purpose of the originally ordered Goods;
  • are of equal or better quality;
  • their price does not exceed the price of the originally ordered Goods.

The Seller is obliged to obtain the Buyer’s consent for such a replacement, and the Buyer’s acceptance of the substitute Goods shall be deemed as their agreement to such a replacement:

g) unilaterally suspend the provision of services under this Agreement in the event of the Buyer’s violation of its terms;
h) exercise other rights in accordance with applicable law and these Rules.

6. Procedure for Returning Goods and Refunds

6.1. The Buyer has the right to return Goods of proper quality within fourteen days from the moment of receiving them at the courier company’s branch if the Goods do not satisfy them in terms of shape, dimensions, style, color, or for any other reason cannot be used as intended after the Order has been received.
The return of Goods of proper quality is permitted provided they have not been used, and their original appearance, consumer properties, seals, labels, as well as the receipt issued to the Buyer together with the Goods, are preserved. Goods returned by the Buyer must be packed in the original undamaged packaging.

6.2. Partial redemption of an Order is not allowed. The Buyer has the right to redeem the entire Order or refuse it before payment for the Goods included in the Order is made.

6.3. In the case of defects, the Buyer must record them in an act of arbitrary form. The act must be signed by the Buyer and an employee of the carrier or the Seller. Within one (1) day from the date of signing the act, the Buyer must notify the manager (the Seller’s representative responsible for processing the Order) about the discovered defects and agree on the replacement of the Goods.

6.4. In case of termination of the Agreement (return of Goods), a prerequisite for a refund is the provision by the Buyer to the Seller of documents confirming payment (purchase) of the returned Goods.

6.5. Refunds for returned Goods are only possible via cashless payment: from the Seller’s current account to the Buyer’s current account in the national currency of Ukraine opened in a resident Ukrainian bank, including such an account accessible through electronic payment instruments (e.g., the Buyer’s personal bank card).
The Buyer must specify the account details for the refund in the Return Application. Cash refunds are not possible.

6.6. Refunds to the Buyer shall be made within ten (10) business days, but in any case no later than thirty (30) days from the date of receiving the Buyer’s notice of termination of the Agreement and the returned Goods. After the transfer of funds, the Seller may notify the Buyer by sending an email to their address.

6.7. If the Buyer refuses to accept the parcel, the shipment is returned to the sender, i.e., the online store. The Buyer shall bear the cost of return shipping.

6.8. In case of returning Goods of proper or improper quality, the Buyer must send them back via the courier company that delivered the original Order, to the store’s address from which the Order was dispatched.

7. Termination of the Agreement

7.1. The Buyer has the right to terminate this Agreement in cases and within the periods established by the current legislation of Ukraine by notifying the Seller as specified in clause 7.2 of this Agreement.

7.2. A notice of termination of this Agreement is deemed to be the Buyer’s request for a refund of the money paid for the Goods, sent to the Seller in accordance with applicable legislation and subject to the terms of the Agreement.

7.3. This Agreement is considered terminated from the moment the Seller receives the Buyer’s request for a refund of the money paid for the Goods.

7.4. To exercise their right to terminate this Agreement, the Buyer must retain and present to the Seller the relevant payment document in the prescribed form (receipt, sales, or cash receipt) confirming the purchase of the Goods, indicating the date of sale (date of delivery) of the Goods.

7.5. The termination of this Agreement by the Buyer entails the return of the purchased (received) Goods to the Seller in accordance with Section 6 of this Agreement.

8. Liability

8.1. The Seller shall not be liable for any damage caused to the Buyer or third parties as a result of improper use or storage of the Goods purchased from the Seller.

8.2. The Seller shall not be liable for improper or untimely fulfillment of Orders and obligations if the Buyer has provided inaccurate or incorrect information.

8.3. The Seller and the Buyer shall be liable for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

8.4. The Seller or the Buyer shall be released from liability for full or partial non-fulfillment of their obligations if such non-fulfillment is the result of force majeure circumstances such as war or military actions, earthquakes, floods, fires, and other natural disasters that occurred independently of the will of the Seller and/or Buyer after the conclusion of this Agreement. The Party unable to fulfill its obligations must immediately notify the other Party.

9. Confidentiality and Personal Data Protection

9.1. By providing their personal data on the website of the Online Store when placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer), and performance of other actions with their personal data as provided by the Law of Ukraine “On Personal Data Protection” without any limitation of the validity period of such consent.

9.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a breach for the Seller to provide information to contractors and third parties acting under an agreement with the Seller, including to fulfill obligations to the Buyer, as well as in cases where such disclosure is required by the current legislation of Ukraine.

9.3. The Buyer is responsible for keeping their personal data up to date. The Seller shall not be liable for poor performance or non-fulfillment of its obligations due to outdated or inaccurate Buyer information.

10. Other Terms

10.1. This Agreement is concluded on the territory of Ukraine and constitutes a public agreement (offer) for the retail sale of Goods remotely via means of distance communication (the Internet) through the Online Store.

10.2. The withdrawal or amendment of the terms of the offer to conclude this public Agreement, as well as amendments to this public Agreement itself, may be made by the Seller at any time without prior notice to the Buyer.

10.3. The withdrawal or amendment of the terms of the offer to conclude this public Agreement, as well as amendments to this public Agreement itself, shall not constitute grounds for:
– any revision or modification of the terms or termination of agreements already concluded by the Seller with Buyers under the terms of this public Agreement;
– the Seller’s refusal to fulfill obligations under agreements already concluded with Buyers under the terms of this public Agreement.

10.4. The terms of the offer to conclude this public Agreement, as well as the terms of this public Agreement itself, shall be the same for all Buyers.

10.5. The conclusion of this public Agreement (the Buyer’s acceptance of the Seller’s offer) shall be considered as the Buyer’s unconditional and full acceptance of all the terms of this public Agreement without exception, including the essential terms, as well as the Buyer’s entering into the corresponding contractual relations with the Seller.

10.6. Confirmation of the conclusion of this public Agreement is the automatic electronic notification of the Buyer regarding the processing of the Order for Goods, as specified in clause 3.3 of this public Agreement, sent by the Seller to the Buyer.

10.7. The invalidation, nullification, or termination of individual provisions of this public Agreement shall not entail the invalidation, nullification, or termination of any other provisions of this public Agreement.

10.8. By entering into this Public Agreement, the Buyer gives their full, unconditional, and perpetual consent to receive from the Seller, via SMS, email, social networks, and other means, informational messages about news of the Online Store, as well as promotional offers and sales of Goods held by the Seller in the Online Store.

10.9. By completing the “Checkout” form on the Online Store’s website  https://nardelli.com.ua/, the Buyer gives their full, unconditional, and perpetual consent to the processing and use by the Seller of information about the Buyer, including information that, in accordance with the current legislation of Ukraine, is considered personal data, exclusively for the following purposes:

  • For marketing purposes, namely: to notify the Buyer via SMS, email, social networks, etc., about the Online Store’s news, promotional offers, and sales of Goods held by the Seller in the Online Store, to analyze the product consumption market, to identify the circle of potential Buyers, and to determine the needs of potential Buyers in the Goods offered for sale;
  • For the diligent fulfillment by the Seller of its contractual obligations to the Buyer, including obligations regarding the delivery of Goods;
  • For compliance by the Seller with the requirements of the current legislation of Ukraine, including the legislation on consumer rights protection.

10.10. Product photos displayed on the Online Store’s website pages may partially differ from the actual appearance of the Goods due to the limitations of accurately conveying the product’s appearance using digital technologies. The descriptions/specifications accompanying the Goods are not claimed to be completely exhaustive and may contain typographical errors. To clarify product information, the Buyer may contact the Seller’s manager (representative) using the contact details provided on the website.

10.11. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If the parties fail to reach a resolution through negotiations, either the Buyer or the Seller has the right to refer the dispute to the judicial authorities in accordance with the current legislation of Ukraine.

10.12. The legal relations arising from this Public Agreement are governed by the provisions of Article 633 of the Civil Code of Ukraine, the Law of Ukraine “On Consumer Rights Protection,” and the Rules for the Sale of Goods by Order and Outside Commercial or Office Premises, approved by the Order of the Ministry of Economy of Ukraine dated April 19, 2007, No. 103.

10.13. For all matters not covered by this Public Agreement, the Parties shall be guided by the norms of the current legislation of Ukraine.

11. Seller’s Details

Sole Proprietor: Vestoropska Yuliia Ivanivna
Phone: +380 50 341 95 81
Bank: JSC CB “PRIVATBANK”
Bank Code (MFO): 305299
Beneficiary: Vestoropska Yuliia Ivanivna
IBAN: UA123133990000026001055888581
Currency: UAH
Taxpayer Identification Number (TIN): 2429910749