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Terms & Conditions

PUBLIC AGREEMENT

(PUBLIC OFFER AGREEMENT)**

The text below constitutes an agreement between the website otherswear.com.ua
(hereinafter — the “Online Store”) represented by sole proprietor
Yarmolchuk Nataliia Ihorivna, registered according to the laws of Ukraine and acting as the owner or distributor of Goods through the Website,

and any natural person who has visited at least one page of the website
or used at least one of the services provided on the website,
including without prior registration or authorisation (hereinafter — the “Buyer”).


1. General Provisions

1.1. This Agreement is a public contract (public offer)
(Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine)
and contains all essential terms governing the distance sale of Goods
via the Online Store.

1.2. Full and unconditional acceptance of this public offer
occurs at the moment the Buyer places an order by clicking
“Place order” in the cart and paying 100% of the order amount
according to the terms of this Agreement.

1.3. The public offer is also considered accepted at the moment
of the Buyer's registration on the website.

1.4. By entering into this Agreement, the Buyer confirms that they are fully familiar with and agree to its terms, and — if the Buyer is a natural person — grants consent to the processing of their personal data for the purpose of fulfilling this Agreement, executing settlements, and receiving invoices, acts, and other documents.

This consent remains valid throughout the duration of the Agreement.
The Buyer has been informed of their rights under the Law of Ukraine
“On Personal Data Protection,” including the purpose of data collection.
The Buyer understands and accepts their rights as a data subject.


2. Terms and Definitions

2.1. Online Store — the Seller’s website (otherswear.com.ua) designed for concluding retail sale agreements based on the Buyer’s review of Goods descriptions and photos online, without the possibility of direct physical inspection.

2.2. Goods — the assortment of items presented in the Online Store.

2.3. Product Page (Product Card) — a set of information about a product, including name, photos, description, price, characteristics, colour, size, configuration, stock availability, etc.

2.4. Order — a properly completed request placed by the Buyer on the Website, addressed to the Seller, for the purchase and delivery of selected Goods to the address specified by the Buyer.

2.5. Order Value — the amount payable by the Buyer, including applied discounts or bonuses.

2.6. “Place order” — the Buyer’s action confirming their intention to purchase a product.

2.7. Personal Data — any information consciously provided by the Buyer during registration and/or when placing an Order, required for the Online Store to fulfil the Order.


3. Subject of the Agreement

3.1. The Online Store undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods according to this Agreement.

3.2. This Agreement governs the process of sale and purchase in the Online Store, including:

a) voluntary selection of Goods by the Buyer in the “Categories” section;
b) independent placement of an Order by the Buyer;
c) payment by the Buyer for the Order;
d) fulfilment and transfer of the Order to the Buyer.


4. Order Placement Procedure

4.1. The Buyer places an Order independently through the Online Store
or via communication channels indicated on the website.


5. Price and Payment Procedure

5.1. The full price of the Goods is indicated on the Seller’s Online Store pages.

5.2. The Buyer pays for the Order using any available payment method listed in the Online Store.

5.3. Delivery cost is paid by the Buyer at the moment of receiving the Order.

5.4. Prices for Goods and services may change depending on market conditions
and are reflected on the Online Store website.
The Seller cannot change the price for a specific Buyer if the Buyer has already accepted the terms and paid for the Goods according to this Agreement.


6. Delivery

6.1. Delivery of the ordered Goods is carried out within 1–3 business days
from the moment the Order is confirmed by the manager,
but no later than 30 days from the date of confirmation.

6.2. Delivery methods are described in detail in the “Help” section of the Website.

6.3. Upon receiving the Goods, the Buyer must check:

— compliance with the Order
— quality and quantity
— integrity and completeness of the Goods

The Buyer has the right to refuse the Goods entirely, stating the reason in the corresponding documents.

6.4. Delivery cost is not displayed in the Online Store,
as it depends on the current tariffs of the shipping company.

6.5. The Seller is not responsible for delivery timelines,
as they depend on third-party carriers.

6.6. The Buyer may pick up the Order at the carrier’s office
within 5 business days from the date it arrives at the destination office.
If the Order is not claimed within this period,
it is considered unclaimed (cancelled by the Buyer) and returned to the Seller.


7. Return of Goods and Refunds

7.1. The Buyer may return Goods of proper quality within 14 days
from the date of receiving the Goods if they do not fit in size, shape, colour,
style, or for other reasons cannot be used.

Return is accepted only if:

  • the Goods have not been used

  • the commercial appearance is preserved

  • consumer properties are intact

  • seals and labels are intact

  • the payment document is available

  • packaging is undamaged

7.2. Partial redemption of an Order is not provided.
The Buyer may either redeem the entire Order or refuse it before payment.

7.3. In case of defects, the Buyer must record them in an act
signed by the Buyer and a representative of the carrier or Seller.

The Buyer must notify the manager within 1 day
and agree on the replacement of the Goods.

7.4. To receive a refund, the Buyer must provide documents
confirming payment for the returned Goods.

7.5. Refunds are made only by non-cash transfer
from the Seller’s account to the Buyer’s account in Ukraine
(including card accounts).

Cash refunds are not possible.

7.6. Refunds are issued within 10 business days,
but no later than 30 days from:

  • receiving the Buyer’s notice of contract termination

  • receiving the returned Goods

7.7. If the Buyer refuses the parcel,
the shipment is returned to the Seller.
Return delivery is paid by the Buyer.

7.8. Returns (proper or improper quality)
must be sent by the same shipping company
to the address from which the Order was originally shipped.


8. Rights and Obligations of the Parties

8.1. The Buyer must:

a) review product information before purchase;
b) independently place an Order on the website;
c) pay and collect the Order in due time;
d) check the Goods upon receiving;
e) record damages or shortages in an act signed with the carrier’s employee;
f) notify the Seller if delivery is not made on time;
g) not perform any actions prohibited by law.


8.2. The Buyer has the right to:

a) demand proper fulfilment of this Agreement;
b) in case of defects, request:

  1. proportional price reduction;

  2. free repair;

  3. reimbursement of repair costs;

  4. replacement with identical or similar Goods;

c) file claims in writing;
d) terminate the Agreement within 14 days if the Goods do not fit;
e) other rights under the law.


8.3. The Online Store must:

a) follow the terms of this Agreement;
b) notify Buyers about changes by publishing them on the Website;
c) deliver Goods according to the Order;
d) provide warranty service according to the law;
e) accept and respond to claims;
f) is not responsible for losses caused by third parties.


8.4. The Online Store has the right to:

a) amend the Rules by publishing changes on the Website;
b) change the assortment and prices (except for confirmed Orders);
c) inform the Buyer about the absence of Goods within 3 days (but not later than 30 days),
and offer a replacement if:

  1. the replacement meets the purpose

  2. has equal or higher quality

  3. does not exceed the price of the original Goods

Acceptance of the replacement Goods means consent.

d) suspend service provision if the Buyer violates the Agreement;
e) exercise other rights under the law.


9. Liability of the Parties

9.1. The parties are liable for non-performance or improper performance
according to the law and this Agreement.

9.2. The Buyer is responsible for the correctness and timeliness of payments.
Mistaken payments to third parties are not reimbursed by the Seller.

9.3. Disputes are resolved through negotiation.

9.4. If a dispute cannot be resolved amicably,
it is referred to court under the laws of Ukraine.

9.5. In case of force majeure, the parties are released from obligations
for the duration of such circumstances.

9.6. The party invoking force majeure must notify the other party
within 5 days via email.

9.7. If force majeure lasts more than 5 months,
either party may terminate the Agreement unilaterally.


10. Other Conditions

10.1. The Online Store may amend this Agreement unilaterally
by publishing changes on otherswear.com.ua.

10.2. The Online Store is created for distance sales of Goods.

10.3. The Online Store is not responsible for the accuracy of information
provided by the Buyer.

10.4. The Buyer is responsible for the accuracy of provided information.

10.5. Payment for the Order constitutes full acceptance
of the terms of this Agreement
and is considered the date of contract conclusion.

10.6. Viewing products and placing Orders is free of charge.

10.7. By accepting this Agreement or registering on the Website,
the Buyer consents to the collection and processing of their personal data
for purposes including:

— processing Orders
— informing about Orders
— sending promotional materials
— notices about sales, promotions, and activities

The Seller may send emails, SMS, or make phone calls for these purposes.
All Buyer information is confidential.

10.8. In case of changes to the Buyer’s personal data,
they must notify the Seller within 20 days
via updating the profile before placing a new Order.

10.9. To unsubscribe from marketing materials,
the Buyer may send a written request to the Seller’s email or postal address.


11. Term of the Agreement

11.1. This Agreement enters into force
at the moment of Order placement or registration on otherswear.com.ua
and remains valid until all obligations are fulfilled.