PUBLIC OFFER CONTRACT
1.1. Customer – private person or legal entity that came in full and without exception to terms of this Public Offer Contract (Offer).
1.2. Seller – LUCKY CAT B.V.
1.3. Online shop – online website with an address in the Internet - www.ovassave.com , belonging to Seller (Website).
1.4. Order – the decision of Customer to purchase Products, presented in Online shop.
1.5. Products – clothes and related goods represented for sale and described in Online shop.
2.1. Subject of the present Offer shall be considered as the fact of selling Products listed in Online shop to Customer, on terms of the present Offer and terms and conditions for ordering Products.
2.2. The acceptance of this Offer is admitted only when Customer takes the series of following steps:
- Filling out Order;
- Payment for Order in full amount.
2.3. Acceptance of Customer is the unconditional acceptance of terms of the present Offer.
3. OBLIGATIONS OF THE PARTIES
3.1. Seller shall:
3.1.1. provide Customer with full and true information on Products presented in Online shop;
3.1.2. Deliver Products to Customer on terms set in this Offer;
3.1.3. Inform Customer on any changes and amendments regarding selling and delivering Products;
3.1.4. Not disclose any personal information of the Customer and not provide access to this information to third parties, except as required by law.
3.2. Customer shall:
3.2.1. Accept the conditions of the present Offer;
3.2.2. To provide Seller with true and correct data while ordering Products in Online shop;
3.2.3. Customer shall bear full responsibility for correctness and validity of data used to order the Products.
3.2.4. To proceed with payments in full after ordering Products.
4. PRICE AND PAYMENTS
4.1. The Products’ price is specified in the description of Products in Online shop.
4.2. The Product’s price is specified in US Dollars including all applied taxes and as well as the delivery price. The Product’s price can be also specified in another currency if it is stated in the description of Products in Online shop.
4.3. Customer shall pay the Products’ price in full.
4.4. Customer can proceed with payments using online payments systems.
4.5. Upon receiving Customer’s order Seller carry out a standard pre-authorization check enabling Customer to proceed with payment through using Pay Pal or Stripe online payments systems. Customer’s funds on his/her online payments system account will be debited once the order has been accepted.
5. SHIPPING AND DELIVERY
5.1. Delivery of Products will depend on the option that was selected at the ordering stage. Seller guarantees a delivery service of no more than 5 days to Customer’s place of delivery, indicated while ordering Products.
5.2. Seller will make every effort to deliver Products within the estimated time scales. Seller shall be under no liability for any delay or failure to deliver the Products within estimated time scales.
5.3. Risk of loss and damage of products passes to Costumer on the date when the Products are delivered or on the date of first attempted delivery by Seller.
5.4. Costs for delivery of Products are included to the Products’ price and Costumer shall pay no additional payments for delivery of Products.
6. RETURNS AND CANCELLATIONS
6.1. Seller states that Products in Online shop are in one sample, so Customer cannot undo paid Order and request a refund.
6.2. The State Regulations impose a responsibility on Customer to take reasonable care of any Products that have been supplied.
7. LAW AND JURISDICTION
7.1. These Terms and Conditions are to be governed and construed in accordance with the laws of the Netherlands. You also hereby submit to the exclusive jurisdiction of the district courts of the Netherlands.
8. LIABILITY AND INDEMNITY
8.1. Nothing in this Offer excludes or limits liability for death or personal injury caused by negligence or fraudulent misrepresentation.
8.2. Subject to Section 9.1. Seller will not be responsible or liable to any user or third party for any damage and injury caused by any Product bought Online shop insofar as Seller is liable under the laws of the Netherlands.
8.3. Subject to Section 9.1. Seller will use reasonable endeavors to verify the accuracy of any information on the site but make no representation or warranty of any kind express or implied, statutory or otherwise regarding the contents or availability of the site or that it will be timely or error free, that defects will be corrected, or that the site or server that makes it available if free of viruses or bugs or represents the full functionality, accuracy, reliability of the website.
8.4. Subject to Section 9.1. Seller will not be liable, in contract, delict (including without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any economic losses (including without limitation) loss of revenues, data, profits, contracts, business or anticipated savings, loss of goodwill or reputation or any non foreseeable or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under this Offer.
8.5. Notwithstanding the above, subject to Section 9.1., Seller’s aggregate liability (whether in contract, delict or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by Costumer for Products in respect of one incident or series of incidents arising out of any claim.
8.6. This clause does not affect Costumer’s statutory rights as a consumer nor does it affect Costumer’s contract cancellation rights.
8.7. Seller will take all reasonable precautions to keep the details of Customer’s Order and payment secure, but, unless Seller is negligent, Seller cannot be held liable for any losses caused as a result of unauthorized access to information provided by Costumer.
9. FORCE MAJEURE
9.1. Customer and Seller shall not be responsible for the complete or partial failure to fulfill their obligations under the present Offer if such failure is caused by force majeure, i.e. extraordinary and unavoidable conditions under the given circumstances.
9.2. The circumstances of force majeure, in particular, include: natural disasters, acts of war, national crisis, strikes in the industry or region, the actions and decisions of public authorities, failures arising from telecommunications and energy networks, the effect of malware, as well as the unscrupulous actions of third parties expressed in actions aimed at unauthorized access and/or disabling the software and/or hardware system of Customer and Seller.
10.3. When Customer purchases Products on Online shop Seller asks Customer for personal information. Seller uses this information to process Customer’s Orders and deliveries of Products.
10.4. During the ordering and payments stages on Online shop Seller collects personal information that may include Customer’s name, email address, zip code, country, IP address, browser information, details of online payment system account, telephone number, billing address, and shipping address.
10.5. Seller shall not be responsible for accuracy and correctness of the information provided by Customer during ordering Products.
10.6. The personal information Customer provided to Seller shall be used for such purposes as allowing Customer to purchase Products, improving the content of the Online shop and communicating with Customer.
10.7. The information Customer submits may also be used by Seller for internal purposes such as tracking Customer’s orders, analyzing Customer’s preferences, and noting trends and statistics. Personal Information will be shared by Seller.
10.8. Seller will not sell, rent or disclose Customer’s personal information to any third parties.
11.3. Cookies remain in the cookie file of Costumer’s browser until Costumer’s leave the Online shop.
11.4. Costumer shall use the options in his/her web browser if Costumer does not wish to receive a cookie or if Costumer wishes to set his/her browser to notify Costumer when he/she receives a cookie. Costumer can easily delete any cookies that have been installed in the cookie folder of Costumer’s browser.
11.5. Costumer shall look for instructions of his/her browser on how to enable and disable cookies for Costumer’s browser.
SELLER’ LEGAL DETAILS: LUCKY CAT B.V.
Address: ds. Kuypersstraat 16 x, 3863CA Nijkerk, the Netherlands
Tel No. +31639548922
Register No. 64694038
VAT No. NL855784088B01
Signatory: Nadiya Petrivna Dekker-Blyakhar, Managing Director