(20.08.26)
SVARGA online store — https://svarga.ua
Seller’s details
Seller: Sole Proprietor Opalchuk Olha Serhiivna.
Taxpayer Registration Number: 3337500427
E-mail: [email protected]
Tel.: +38 096 59 83 088.
Postal address for correspondence: Lviv, Nova Poshta, Branch No. 34, 176 B. Khmelnytskoho St.; recipient — Sole Proprietor Opalchuk O.S.
Website: https://svarga.ua.
General Provisions of the Offer
The Website is a publicly accessible website open for free visual review, available at https://svarga.ua/, which belongs to, or is lawfully used by, Sole Proprietor Opalchuk Olha Serhiivna, hereinafter referred to as the Seller, and through which goods are sold.
In accordance with current Ukrainian legislation, trade through an online store is distance selling. In this regard, the online store resource https://svarga.ua is a trading platform where the relationship between the Buyer and the Seller is formalized in the form of a public offer agreement.
Clicking the “Confirm” button on the checkout page means that the Buyer, regardless of their status, whether an individual, legal entity, or individual entrepreneur, has accepted the terms of this Public Offer Agreement for execution in accordance with current Ukrainian legislation.
This Public Offer Agreement is public, meaning that, pursuant to Article 633 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of their status. By fully agreeing to this Agreement, the Buyer accepts the terms and procedure for placing an order, paying for goods, delivering goods, liability for bad-faith ordering, and all other terms of the Agreement.
The Agreement is deemed concluded from the moment the person who sent the proposal to conclude an electronic agreement receives a response accepting this proposal in the manner defined by part six of Article 11 of the Law of Ukraine “On Electronic Commerce”, namely from the moment the Seller sends an electronic message to the Buyer’s e-mail address confirming acceptance of the Order for processing. If necessary, at the Buyer’s request, the Agreement may be executed in simple written form.
1. Terms and Definitions
1.1. The terms and definitions used in this Agreement are an integral part hereof.
1.2. The definitions shall be interpreted based on their essence and the content of this Agreement. The list of definitions is provided below:
“Online Store” — pursuant to the Law of Ukraine “On Electronic Commerce”, a means of presenting or selling goods, works, or services by concluding an electronic transaction. This means is located on the website https://svarga.ua.
“Goods” — the object of the parties’ transaction selected by the Buyer in the online store https://svarga.ua and placed in the shopping cart of the online store https://svarga.ua.
“Buyer” — any legally capable individual, legal entity, or individual entrepreneur who has concluded an Agreement with the Seller under the terms set out below.
“Consumer Buyer” — a Buyer who is an individual purchasing Goods for purposes not related to entrepreneurial or professional activity, within the meaning of paragraph 22 of part 1 of Article 1 of the Law of Ukraine “On Consumer Rights Protection” and Article 2(1) of Directive 2011/83/EU.
“Order” — the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
“Seller” — Sole Proprietor Opalchuk O.S., whose details are specified above, the owner of the goods offered on the online store platform https://svarga.ua.
“Recipient” — the person designated by the Buyer who actually receives the Goods.
“Personal Data” — information about the Buyer/Recipient within the meaning of Article 2 of the Law of Ukraine “On Personal Data Protection”, and, for residents of the EU/EEA, within the meaning of Article 4(1) of Regulation (EU) 2016/679 (GDPR).
2. General Provisions
2.1. This Public Offer, hereinafter referred to as the Agreement, defines the specifics of purchasing and selling Goods on the website https://svarga.ua. This offer applies to any goods offered for sale or purchase on the website https://svarga.ua.
3. Subject Matter of the Public Offer Agreement
3.1. 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.
3.2. This Agreement governs the purchase and sale of goods in the Online Store, including:
3.2.1. voluntary selection of goods by the Buyer in the Online Store;
3.2.2. independent placement of an Order by the Buyer in the Online Store;
3.2.3. payment by the Buyer for the Order placed in the Online Store;
3.2.4. processing and delivery of the Order to the Buyer into their ownership under the terms of this Agreement.
4. Order Payment Procedure
4.1. Payment shall be made in the following ways:
— online payment through the Online Store using the RozetkaPay service. Under this payment method, the bank commission is paid by the Seller;
— payment by bank details to the Seller’s current account in the amount of 100% of the Order value. The payment reference must indicate the Order number. Under this payment method, the bank commission is paid by the Buyer according to the bank’s tariffs;
— cash on delivery at a Nova Poshta branch. Under this payment method, the commission is paid by the Buyer, hereinafter referred to as the Payer.
4.2. If funds are not received, the Online Store reserves the right to cancel the Order.
4.3. Payment for the Order shall be made in Ukrainian hryvnia (UAH). Prices displayed on the website in EUR/USD are for reference only; the actual debit of funds for Buyers paying with a foreign bank card shall be made in the currency of the payment system, with conversion at the card issuer’s exchange rate on the date of debit.
4.3.1. Prices on the website are indicated excluding import duties, taxes, fees, and customs payments that may be charged when importing the Goods into the Buyer’s country. Such payments, as well as customs clearance costs, shall be paid by the Buyer independently and are not included in the price of the Goods or the delivery cost.
4.4. The Order is deemed paid from the moment payment is credited to the Seller’s current account. The fact of payment for the Order confirms the Buyer’s agreement with the terms of this Agreement.
4.5. The price of the Goods indicated in the Online Store may be changed by the Seller unilaterally. However, the price of Goods already ordered and paid for, including partially paid for, by the Buyer shall not be changed.
4.6. Until the Buyer’s funds are credited to the Seller’s current account, the Goods are not reserved. The Seller cannot guarantee the availability of the Seller’s Goods in the quantity specified at the time of placing the Order, as a result of which the Order processing time may increase.
5. Delivery of Goods
5.1. Delivery of Goods purchased in the Online Store is carried out to the warehouse/branch of the transport company selected by the Buyer. The Buyer independently receives the ordered Goods at the warehouse/branch of the transport company.
5.2. The Seller ships Goods using the following delivery services:
a) Nova Poshta — delivery to branches and parcel lockers throughout Ukraine. Nova Poshta branches provide the possibility to arrange parcel payment on credit; the credit terms are available on the carrier’s official website via the relevant link;
b) Ukrposhta — delivery to postal branches throughout Ukraine;
c) Rozetka Delivery — delivery to Rozetka network pickup points;
d) courier delivery by taxi within Lviv — provided that the Order is placed by 15:00, delivery is made on the day the Order is confirmed; if the Order is placed after 15:00, delivery is made on the next business day.
5.3. Estimated delivery terms: within Ukraine — 1–3 (one to three) business days from the moment the Seller ships the Goods; abroad — 10–15 (ten to fifteen) business days from the moment the Seller ships the Goods. These terms are indicative and depend on the postal operator chosen by the Buyer, its internal regulations, and the delivery conditions for a specific locality. The Seller shall not be liable for delivery delays caused by the carrier.
5.3.1. The risk of accidental destruction or damage to the Goods for a Consumer Buyer passes from the moment the Goods are actually received by the Consumer Buyer or the Recipient designated by them, except for the carrier. This provision does not apply in cases where the carrier is selected by the Consumer Buyer without the Seller’s proposal. For Buyers that are legal entities or individual entrepreneurs, the risk of accidental destruction or damage to the Goods passes at the moment the Goods are handed over to the carrier, in accordance with Article 668 of the Civil Code of Ukraine.
5.4. Together with the Goods, the Buyer is provided with goods accompanying documents required by the legislation of Ukraine.
5.5. Sufficient proof that the parties have agreed on all essential terms of the sale of the Goods is the Buyer’s actual receipt and acceptance of the Goods.
5.6. The moment of receipt and acceptance of the Goods by the Buyer or Recipient shall be the moment, depending on which occurs earlier:
— signing by the Buyer or Recipient of the certificate of acceptance and transfer of the Goods, or another document equivalent in content confirming the fact of transfer of the Goods to the Recipient; or
— signing by the Buyer or Recipient of the carrier’s documents confirming receipt of the shipment containing the Goods; or
— actual receipt of the Goods by the Recipient and the Recipient’s actions indicating acceptance of the Goods, for example, the Recipient received the Goods and left the goods pickup point, etc.
5.7. If the Goods ordered by the Buyer are unavailable in the Seller’s warehouse, the Seller has the right to exclude the specified Goods from the Order and/or cancel the Buyer’s Order by notifying the Buyer thereof by sending the relevant electronic message to the address specified by the Buyer during registration or by another method. In the event of cancellation of a fully or partially prepaid Order by the Buyer or the Seller, the value of the cancelled Goods shall be refunded by the Seller to the Buyer by the same method used for payment within 14 (fourteen) days from the moment of cancellation.
5.8. If the Buyer is absent at the delivery address specified by the Buyer in the application, or if the Buyer refuses to receive the Goods upon delivery by courier of the carrier company, the Goods shall be returned to the Seller. Payment for the services of the carrier company shall be deducted from the amount transferred by the Buyer for the Goods to Sole Proprietor Opalchuk O.S. The remaining amount shall be refunded to the Buyer on the basis of their letter sent to [email protected], indicating the bank account to which the funds must be returned. This rule does not limit the Consumer Buyer’s right to withdraw from the Agreement in the manner defined by Section 8 of this Agreement.
6. Liability of the Parties
6.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner provided for by this Agreement and current Ukrainian legislation.
6.2. The Seller shall not be liable:
6.2.1. for minor discrepancies between the original color range of the Goods and the Goods presented in the Online Store, which may differ solely due to different color rendering by the Buyer’s personal computer monitors, laptops, tablets, and smartphones;
6.2.2. for the content and accuracy of information provided by the Buyer when placing an order;
6.2.3. for delays and interruptions in the provision of Services, namely order processing and delivery of goods, that occur not through the fault of the Seller;
6.2.4. for unlawful or illegal actions of the Buyer committed through access to the Internet;
6.2.5. for the Buyer’s transfer of their network identifiers — IP address, MAC address, login, and password — to third parties;
6.2.6. for unlawful actions of third parties;
6.2.7. in the event of force majeure circumstances.
6.3. The Buyer, using the access to the Internet provided to them, shall be independently liable for damage caused by their actions, personally, even if another person was using their login, to the Seller and/or third parties, or their property, or to the state.
6.4. In the event of force majeure circumstances, the Parties shall be released from the performance of the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances mean events of an extraordinary and unforeseeable nature that exclude or objectively prevent performance of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means. Such circumstances include, in particular: military aggression against Ukraine, martial law, armed conflict, missile and other attacks, prolonged power outages affecting critical infrastructure; extraordinary natural phenomena, such as earthquakes, floods, etc.; epidemics, pandemics, strikes; sanctions and restrictive measures by states and international organizations; direct prohibitive acts of public authorities. The existence of force majeure circumstances in the territory of Ukraine is confirmed by a certificate of the Ukrainian Chamber of Commerce and Industry, in accordance with Article 14-1 of the Law of Ukraine “On Chambers of Commerce and Industry in Ukraine”.
6.5. The Parties shall make every effort to resolve any disagreements exclusively through negotiations.
6.6. The Buyer is responsible for the accuracy of the data specified in the Order form. If inaccurate or incorrect data in the Order results in additional expenses for the Seller related to the delivery of the Goods to an incorrect address or the release of Goods not belonging to the Buyer/Recipient, all related losses and expenses shall be borne by the Buyer. The Seller has the right to withhold the amount of such losses or expenses from the amounts paid by the Buyer as payment for the Goods, by offsetting mutual claims.
6.7. The Seller’s total liability to a Buyer that is a legal entity or individual entrepreneur under this Agreement shall be limited to the amount of the Order paid by such Buyer. This limitation does not apply: (a) to Consumer Buyers; (b) in cases of intentional actions or gross negligence by the Seller; (c) to liability for harm caused to the life and health of an individual; (d) in other cases where limitation of liability is prohibited by mandatory provisions of applicable law.
7. Personal Data and Privacy Policy
7.1. The Buyer is responsible for the accuracy of the information provided when placing the Order.
7.2. The Seller processes the Buyer’s personal data, including full name, contact phone number, e-mail, delivery address, and payment information, for the purpose of performing this Agreement, complying with legal requirements, in particular tax accounting, and protecting its legitimate interests, in accordance with the Law of Ukraine “On Personal Data Protection” No. 2297-VI, and, for residents of the EU/EEA and the United Kingdom, also in accordance with Regulation (EU) 2016/679 (GDPR).
7.3. Data may be transferred to delivery operators, payment providers, IT providers on the basis of data processing agreements, and public authorities in cases provided for by law. Data is stored during the term of performance of the Agreement and, after its expiration, within the periods established by tax legislation and legislation on personal data protection.
7.4. The Buyer has the rights of a personal data subject provided for by applicable law, including access, rectification, erasure, restriction of processing, objection, and portability for residents of the EU/EEA.
7.5. Marketing communications. Advertising and informational messages, including e-mail, SMS, and messenger messages, are sent only with the Buyer’s prior consent expressed by a separate active confirmation. The Buyer may withdraw consent at any time, free of charge and without providing reasons, by following the link in the e-mail, “unsubscribe”, or by sending a request to the Seller’s e-mail.
7.6. Detailed terms for the processing of personal data are set out in the Privacy Policy (https://svarga.ua/privacypolicy/), and the procedure for using cookies is set out in the Cookies Policy. Both documents are an integral part of this Agreement.
8. Goods Return Procedure
8.1. Return of Goods to the Online Store is carried out in accordance with the current legislation of Ukraine. The Buyer, provided they have the status of a Consumer Buyer, has the right to withdraw from the ordered Goods of proper quality at any time before receipt, and after receipt of the Goods — within 14 (fourteen) days, calculated from the day of actual receipt of the Goods by the Buyer or by a third person designated by them, except for the carrier. Return of Goods of proper quality is possible provided that their commercial appearance and consumer properties are preserved and that a document confirming the purchase of the specified Goods is available. For Consumer Buyers from EU/EEA member states, this right is exercised in accordance with Articles 9–16 of Directive 2011/83/EU.
8.1.1. Procedure for exercising the right of withdrawal. The Consumer Buyer shall notify the Seller of their decision to withdraw from the Agreement by an unequivocal statement, for example by letter or e-mail, before the expiry of the 14-day period. The Seller shall refund to the Buyer all payments received from them, including the cost of basic delivery, within 14 days from the date of receipt of the withdrawal notice, using the same method that was used for payment, unless otherwise agreed with the Buyer. The Seller has the right to withhold the refund until the Goods have been received back or until proof of their dispatch has been received, depending on which occurs earlier. Direct costs of returning the Goods shall be borne by the Buyer unless otherwise agreed by the Parties.
8.2. The Buyer has the right to refuse Goods of improper quality. Goods of improper quality mean Goods that have an obvious manufacturing defect. The received Goods must correspond to the description in the Online Store. Differences in design or decoration elements from the description stated on the Website shall not be considered a sign of improper quality.
8.3. Return of Goods of proper quality to the Online Store is carried out at the Buyer’s expense; return of Goods of improper quality is carried out at the Seller’s expense.
8.4. When the Buyer returns Goods of proper quality, the Online Store refunds the amount paid for the Goods upon return of the Goods, less compensation for the Online Store’s expenses related to the delivery of the Goods to the Buyer. When Goods of improper quality are returned, the Seller replaces the Goods with similar Goods of proper quality at its own expense.
8.5. If the Seller needs to refund funds to the Buyer, the Buyer is obliged to inform the Seller of the bank account details to which the Seller must transfer the funds.
8.6. The right to withdraw from Goods of proper quality provided for in clauses 8.1 and 8.1.1 of this Agreement does not apply to Buyers that are legal entities or individual entrepreneurs. Return of Goods of proper quality by such Buyers is possible only with the Seller’s separate written consent. The rights of such Buyers with respect to Goods of improper quality are determined by the Civil Code and Commercial Code of Ukraine and other legislative acts.
9. Moment of Conclusion of the Agreement and Its Term
9.1. An electronic agreement is deemed concluded from the moment the person who sent the proposal to conclude such agreement receives a response accepting this proposal in the manner defined by part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.
9.2. Before the expiration of its term, this Agreement may be terminated by mutual agreement of the Parties before the actual delivery of the Goods by refunding the funds, taking into account the Consumer Buyer’s right to withdraw from the Agreement provided for in Section 8 of this Agreement.
9.3. The Parties have the right to terminate this Agreement unilaterally in the event of non-performance by either Party of the terms of this Agreement and in cases provided for by current Ukrainian legislation.
10. Procedure for Submitting and Reviewing Requests and Claims
10.1. The Buyer has the right to contact the SVARGA online store with a question or claim regarding the placement or fulfillment of an order, the quality or completeness of goods, payment, delivery, exchange or return of goods, or refund of funds.
10.2. A request or claim may be submitted in one of the following ways:
— by e-mail: [email protected];
— through the feedback form or online chat on the website;
— by phone: +38 096 59 83 088;
— in writing to the address: Lviv, Nova Poshta, Branch No. 34, 176 B. Khmelnytskoho St.; recipient: Sole Proprietor Opalchuk Olha Serhiivna.
For proper recording of a claim, it is recommended to submit it in written or electronic form, indicating the Order details.
10.3. The request must include:
— the Buyer’s first and last name;
— the Order number and date;
— a contact phone number or e-mail address for feedback;
— a description of the situation or identified defect;
— the Buyer’s demands;
— if available, photos or videos of the Goods, a copy of the receipt, invoice, or other supporting document.
10.4. After receiving the request, the Seller has the right to contact the Buyer to clarify the circumstances or request additional materials necessary for review.
10.5. If it is necessary to transfer the Goods to the Seller for quality inspection, the procedure and method of such transfer shall be agreed with the Buyer separately.
10.6. The claim shall be reviewed within the time limits established by the legislation of Ukraine. Based on the results of the review, the Buyer shall receive a response in the manner specified in the request.
10.7. Based on the results of the claim review, the Seller shall take measures in accordance with the requirements of the legislation of Ukraine and the terms of this Offer.
11. Applicable Law and Dispute Resolution
11.1. This Agreement is governed by the substantive law of Ukraine. This provision does not limit the protection granted to the Consumer Buyer by mandatory provisions of the law of the country of their habitual residence.
11.2. Disputes between the Seller and a Buyer that is a legal entity or individual entrepreneur shall be resolved by the courts of Ukraine at the Seller’s location. Disputes with Consumer Buyers shall be resolved by a court according to the rules of alternative jurisdiction established by law: for Buyers from Ukraine — at the consumer’s choice, pursuant to Articles 22 and 28 of the Civil Procedure Code of Ukraine; for Consumer Buyers from the EU/EEA — by the court of the country of the consumer’s habitual residence or by a court of Ukraine, pursuant to Articles 17–18 of Regulation (EU) No. 1215/2012 “Brussels I bis”.
11.3. The United Nations Convention on Contracts for the International Sale of Goods of 1980, the Vienna Convention, shall not apply to this Agreement.
12. Other Terms
12.1. The Buyer undertakes to carefully read this Agreement. In case of disagreement with its terms, the Buyer undertakes to immediately stop using the Website.
12.2. When quoting materials from the website, including copyrighted works, a link to the Website is mandatory.
12.3. Comments and other posts by the Buyer on the Website must not contradict the requirements of Ukrainian legislation or generally accepted norms of morality and ethics.
12.4. The Buyer is warned that the Seller is not responsible for the Buyer’s visits to and use of external resources, links to which may be contained on the website.
12.5. The Seller has the right to amend the terms of this Agreement by posting a new version on the website https://svarga.ua. The new version enters into force from the date of its posting unless a later date is specified in the version itself. Amendments do not apply to Orders placed before the effective date of the new version; such Orders shall be governed by the version of the Agreement in force on the date of their placement.
12.6. If any provision of this Agreement is declared invalid, this shall not entail the invalidity of its other provisions. The invalid provision shall be interpreted in a manner that is closest in meaning and legal effect to the original intention of the Parties and compatible with current legislation.