Terms and Conditions

This offer (hereinafter referred to as the Agreement, as well as the terms of use of the website; Rules) is drafted in accordance with the Civil Code of Ukraine, the Law of Ukraine on Electronic Commerce, the Law of Ukraine on Consumer Rights Protection, and regulates: the procedure for User's access to information posted on the Site, the procedure for using the Site to place an order for goods selected by the User, the possibilities and methods of payment for goods, as well as the possibility of transferring goods to the User. While on the Site, reviewing materials regarding the product, placing an order, calling the phone number listed on the Site, the User agrees to the terms of the Agreement and, in case of placing an order and its payment, consents to the processing of his personal data, to the extent and in the manner specified for the purpose of processing, in accordance with the requirements of the current legislation of Ukraine and the terms of this Agreement.

1. TERMS AND DEFINITIONS

1.1. “Site” — a means for presenting goods in the form of an online store, which allows the User to purchase the presented goods by performing an electronic legal act on the information and telecommunication network at the web address: https://manoli.ua. The Internet store pages contain information about the goods, conditions of their purchase, payment, delivery, promotions, advertising and marketing events, other general information, other information that is mandatory, in graphic and/or textual form, addressed to an indefinite circle of persons, based on which any person can make an informed choice and contact the Seller with a proposal to conclude a retail sales contract for goods on the terms set out in these Rules (Agreement).

1.2. “Seller” — a business entity, an individual entrepreneur who owns the goods, information about which is posted on the Site, intends to sell it, and to whom the User can make a proposal to conclude a purchase and sale contract.

1.3. “User” — any legally capable person who has entered the Site and continues to use it on the conditions defined in these Rules (Agreement).

1.4. “Buyer” — a User who has placed an order using the Site, paid for it in full or made an advance payment, and received the goods.

1.5. “Offer” — an offer to sell goods addressed to the Seller, made by the User through the selection of at least one item from the list of goods posted on the Site, by adding the selected goods to the 'cart', further entering the information necessary for successful order placement, and pressing the 'order' button, or placing an order by email or phone number specified in the contacts section of the website manoli.ua. (also - order placement).

1.6. “Acceptance” — the Seller's agreement to sell the Goods ordered by the User by notifying the User of the order confirmation and sending such order for processing.

1.7. “Goods” — the subject of trade (product, model, accessory, components, and accompanying items, any other objects of trade), information about which is posted on the Site.

1.8. “Transaction” — the operation of paying for goods ordered by the User using the Site.

1.9. “Site Administrator” — a person to whom the Seller has entrusted the servicing of the Site, filling it with information and accepting and processing orders.

1.10. “Carrier” — a postal operator that delivers the Goods to the Buyer.

2. GENERAL PROVISIONS

2.1. By accessing the Site and staying on it, the User accepts the terms of this Agreement and agrees to the procedure for submitting an offer to the Seller (order placement) and the form of the User's offer acceptance by the Seller, as well as gives consent to the site administrator and the Seller for the processing of the provided personal data.

2.2. For the Site Administrator and the Seller, the assessment of the User's legal capacity is subjective; therefore, the User is always considered a person with full legal capacity. The User is not required to provide documents confirming the absence of legal capacity or reaching the age of 18 by an individual. Civil legislation allows legal acts to be concluded for the purchase of goods for minor household needs. To avoid situations where a minor or incapacitated person, using the Site, submits an offer on the terms set out in these Rules (Agreement), and in the future, their legal representative objects to such transactions, it is emphasized that for the Site Administrator and the Seller, the above-mentioned operations will be considered as actions by a person without any limitations. Therefore, legal representatives who are responsible for their wards must independently ensure protection from actions taken by minors/incapacitated/limitedly capable persons leading to the conclusion of this Agreement.

2.3. Information about the Goods posted on the Site is an invitation addressed to Users to make offers to the Seller to conclude a contract for the purchase of goods, and is not an offer from the Site Administrator or the Seller. The assortment and characteristics of goods may change; goods may be discontinued, sold out, or undergo a reassessment, either decreasing or increasing. Any promotions, sales, etc., may apply to the goods.

2.4. After reviewing the information posted on the Site, the User has the right to make a proposal to the Seller to conclude a contract (place an order) by filling in the necessary data in the relevant forms on the Site, or by placing an order by email or by calling the phone number specified on the manoli.ua website. Placing an order is considered an offer by the User addressed to the Seller to purchase goods on the terms specified in this Agreement. By placing an order by email or calling the aforementioned phone number, the User is considered to agree to the terms of this Agreement, which the Seller may confirm with a corresponding mark on the website.

2.5. By submitting an offer to the Seller, the User confirms that they have familiarized themselves with the description of the selected goods, their characteristics, and the conditions of use. Also, by submitting an offer to the Seller, according to clause 2.4, the User confirms that the chosen goods fully correspond to the purpose of their purchase, and the User independently takes responsibility for their conscious choice of goods, in accordance with this Agreement.

2.6. In case of acceptance (acceptance) of the User's offer by the Seller, the Seller takes actions that clearly and unequivocally inform the User that a contract for the purchase of the selected goods may be concluded, namely: sending information confirming the order of the goods and/or dispatching the goods for delivery to the Buyer.

2.7. The parties agree that actions by the Seller and/or the Site Administrator, such as sending the User messages with information about the availability of goods or additional information about the goods (price, payment terms, order status, or changes to the order status), or sending the User an invoice for payment for the goods, a return phone call to the User, are exclusively notifications of the Seller's receipt of the User's offer and do not conclusively indicate its acceptance by the Seller.

2.8. The Seller has the right to offer the User to purchase goods on terms different from those specified in the User's offer. In this case, such an offer from the Seller is considered a counteroffer, which the User may accept or reject.

2.9. The User's acceptance of the counteroffer is considered the User's consent to receive the goods on the terms specified in the counteroffer. The Seller has the right to revoke the counteroffer until the moment the User receives the goods.

2.10. If the Seller accepts the User's offer, the User has the right to confirm their intention to consider themselves obligated for the consequences of their offer and make a payment for the ordered goods in full or make an advance payment. In case of disagreement with the acceptance of the offer by the Seller, the money transferred by the User must be refunded.

2.11. The Site Administrator and/or the Seller have the right to unilaterally change the terms of this Agreement at any time. Changes take effect from the moment of posting a new version of the Agreement on the website https://manoli.ua.

2.12. The final price for the goods is the price specified in the Seller's acceptance (order confirmation) sent in response to the User's offer.

2.13. The Seller cannot guarantee the availability of the Goods in the quantity specified at the time of order placement by the User. Order processing times may be subject to change.

2.14. If it is necessary to refund the Buyer, the Buyer must inform the Seller of the bank details to which the Seller should transfer the refund.

2.15. The responsibility for using the received goods lies with the Buyer. The Buyer must ensure that all requirements for the operation of the goods are observed.

2.16. The User is responsible for the truth and accuracy of the information provided by them when submitting an offer (placing an order).

3. ORDER PLACEMENT PROCEDURE

3.1. The User independently, by adding selected items to the virtual cart 'Cart' and pressing the 'Place an Order' button, places an order on the Site and submits a proposal to the Seller to sell the corresponding Goods.

3.2. All Users, regardless of registration, can place orders for Goods.

3.3. When placing an order, the User undertakes to provide valid, accurate, and complete information about themselves. The Seller does not take special measures to verify the data (information) provided by the User when placing an order. All information provided by the User when placing an order is accepted by the Seller without any additional verification and serves as a basis for the issuance of documents and other actions by the Seller necessary during the acceptance of the offer.

3.4. When placing an order on the Site, the User undertakes to provide the following mandatory information necessary for the Seller to fulfill the order: • Name (article), selected volume, quantity of units of the selected Goods chosen by the User (indicated in the Buyer's cart on the website of the online store). • Last name and first name; • Address to which the Goods should be delivered; • Contact phone.

3.5. The Seller reserves the right to unilaterally cancel the User's Order in the following cases: – the User's failure to make a non-cash payment for the ordered Goods in full for more than 48 hours from the moment of placing the Order; – the User's failure to make a non-cash payment according to clause 4.3. of this Agreement for more than 48 hours from the moment of receiving confirmation of the successful order placement.

4. PAYMENT PROCEDURE

4.1. After completing the order placement and receiving confirmation of the successful order placement, the User makes the payment using one of the selected methods: 1) Online with a bank payment card, using payment systems, in full for the order value; 2) By bank transfer using the provided details; 3) Cash on delivery when receiving the Goods at the branches of postal operators (see Note).

4.2. Payment is made in the national currency of Ukraine – hryvnias.

4.3. If the User chooses the payment method of Cash on Delivery at the branches of postal operators, the User must make a prior advance payment of 200 UAH to the Seller's bank details. Note: When paying for the order with a payment card, the card issuer may charge an additional commission. In particular, when paying for European orders with Visa, Mastercard, Visa Electron, Mastercard Electronic cards, there may be an additional commission. Important: Pressing the 'ORDER' button on the manoli.ua website page in the corresponding section signifies that the Buyer is aware of the possibility of an additional commission when paying for European orders, issued by Visa, Mastercard, Visa Electron, Mastercard Electronic card issuers.

5. TERMS OF THE AGREEMENT

5.1. The conditions of the concluded purchase agreements for goods are governed by the current norms of the Civil Code of Ukraine, the Law of Ukraine 'On Consumer Rights Protection,' and the following conditions of this Agreement.

5.2. The Buyer, by providing an Offer to conclude the Agreement, and the Seller, by accepting it, confirm that the Agreement concluded between them will not be a fictitious or simulated transaction or an agreement concluded under pressure or deception.

5.3. The Seller undertakes, under the conditions and in the manner determined by the Agreement, to deliver the ordered Goods to the Buyer, and the Buyer undertakes, under the conditions and in the manner determined by the Agreement, to receive the Goods, having previously paid for it.

5.4. The Seller has the right to refuse the Buyer to conclude the Agreement if there are grounds for the Seller or the Site Administrator to believe that the Buyer provided untrue data when placing an order, and also under the condition of such Buyer's behavior that violates the provisions of the Agreement.

5.5. The Seller guarantees that the Goods are not pledged, not the subject of dispute, and do not have any rights of third parties.

5.6. The price of each individual item is specified by the Seller and finally determined in the order confirmation. The Agreement price is determined by adding the prices of all items selected by the User.

5.7. The payment for the delivery cost of the Goods to the Buyer is the responsibility of the Recipient (Buyer). The price of the Goods delivery is determined according to the tariffs of the selected postal operator for delivery.

5.8. The transfer of ownership rights to the Goods to the Buyer is carried out by the Seller only after the full payment of the Goods' cost and in accordance with the conditions of this Agreement.

5.9. The Buyer receives the Goods using the services of postal operators or receives it in person.

5.10. The Buyer has the right to appoint a third party as the Recipient of the ordered and paid Goods. In this case, the Buyer is obliged to provide in the Order form the necessary information for the identification of the recipient and the delivery of the Goods to them. In this case, the provisions of Article 636 of the Civil Code of Ukraine apply to the relations between the parties.

5.11. In cases where the Buyer designates a third party as the Recipient of the Goods, the Buyer bears full responsibility for the actions of the Recipient regarding the receipt of the Goods.

5.12. The signature of the Recipient on the documents and/or other records of the Carrier confirming the receipt of the Goods and/or the actual acceptance of the goods means that the Recipient has received all the necessary information (information) about the goods before its acceptance.

5.13. In case of the absence of the Buyer (Recipient) at the delivery address specified by the Buyer in the application or the refusal of the Buyer to receive the Goods for unjustified reasons (including refusal to receive upon delivery by the Carrier's courier), the Goods are returned to the Seller. Payment for the Carrier's services is deducted from the amount transferred by the Buyer for the Goods. The remaining amount is returned to the Buyer based on his letter sent to e-mail: contact@manoli.ua, indicating the bank account to which the funds should be returned.

5.14. In case of defects in the form of the Goods, the Buyer is obliged to document them in a drawn-up act of any form. The act must be signed by the Buyer and the Carrier's representative who delivered the Goods. If possible, defects should be documented by photo and video recording. Within 1 (one) day of discovering defects or deficiencies in the Goods, the Buyer is obliged to inform the Seller about the identified defects and agree on the replacement of the Goods.

5.15. The Parties agree that in case of non-compliance with clause 5.14. of this Agreement, the Goods received by the Buyer are considered to be in proper condition – without any mechanical damage and in complete set.

6. TERMS OF EXCHANGE AND RETURN OF GOODS

6.1. The conditions for the exchange and return of goods are generally accepted and regulated by the norms of the current consumer protection legislation. Certain goods are not subject to return and exchange according to the rules defined by the legislation of Ukraine.

6.2 Return of Goods of Proper Quality According to current legislation*, perfumery and cosmetic products of proper quality are not subject to return or exchange. *Article 9 of the Law of Ukraine 'On Consumer Rights Protection' dated 12.05.1991 No.1023-XII and Annex No.3 to the Cabinet of Ministers Resolution 'On the implementation of certain provisions of the Law of Ukraine 'On Consumer Rights Protection'' dated 19.03.1994 No.172 list the following goods of proper quality that are not subject to exchange (return): perfumery and cosmetic products, items of sanitary hygiene, combs and massage brushes, products in aerosol packaging, manicure and pedicure tools (scissors, files, etc.).

6.3. Return of Goods of Improper Quality Goods of improper quality are products that have defects. The defect of the product is a non-compliance with the requirements of regulatory acts and normative documents, the terms of the contract, or the requirements imposed on it. The received Goods must correspond to the description on the Site. Differences in design elements or decoration from the declared description on the Site do not indicate improper quality.

6.4 If the Buyer received Goods of improper quality, the Buyer has the right to use the provisions of Article 8 of the Law of Ukraine 'On Consumer Rights Protection' — to demand a replacement for goods of proper quality or to demand the termination of the contract and the return of the amount paid for the goods.

6.5. Claims (application) for the return of the amount paid for goods of improper quality must be satisfied within 14 days from the date of the relevant claim. The return of funds is made by returning the cost of the paid Goods to the Buyer's payment card.

6.6. The Buyer may terminate the Agreement and receive a refund in the amount of the value of the returned Goods to the Seller, excluding the cost of delivering the Goods to the Seller.

7. LIABILITY OF THE PARTIES

7.1. As a user of the Site, the User guarantees not to take any actions that violate the legislation of Ukraine, norms of international law, and actions that may disrupt the normal functioning of the Site.

7.2. By accepting the terms of the User Agreement, the User confirms that he/she is legally capable and has no restrictions on legal capacity.

7.3. Comments and other records of the User on the Site should not contradict the requirements of the legislation of Ukraine and generally accepted norms of morality and ethics.

7.4. The responsibility for money transfers made by Payers lies entirely with the banks and payment systems whose services the User decides to use. The Seller does not take responsibility for the functionality of payment systems.

7.5. Neither the Site Owner, nor the Site Administrator, nor the Seller are responsible for the functionality of the equipment on which the Site is hosted, the availability of the Site, the operation of data transmission channels, and other technical means for Users to access the Site.

7.6. The Seller is not responsible for the actions of the Carrier, including the terms of transportation by the carrier company, as well as for the preservation of the delivery.

7.7. The Seller's responsibility for changes in the conditions of the product order is limited to the right of the Recipient (Buyer) to refuse the product order and demand a refund of the paid amount (if paid).

7.8. The Buyer is responsible for the accuracy of the data specified in the Order form. In the event that incorrect, inaccurate, and/or incorrect provision of data in the order led to additional expenses of the Seller associated with the delivery of the product to the wrong address or issuance of the product to the wrong Recipient, all losses and expenses associated with this are 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 product or advance payment. The User is obliged to provide all necessary information about themselves for the possibility of implementing the Agreement.

7.9. Warranty terms for goods, determined by the manufacturers of the goods and supported by the Seller, are posted on the site in the 'Warranty' section.

8. FORCE MAJEURE

8.1. The Seller and the User are not liable for the non-performance of any of the provisions if they prove that such non-performance was caused by force majeure circumstances, i.e., events or circumstances that are genuinely beyond their control, of an unforeseen and irresistible nature.

8.2. The Parties agree that in case of force majeure circumstances, namely: war, military actions, blockade, embargo, currency restrictions, changes in the legislation of the Party obligated to fulfill obligations that make it impossible for the Party to fulfill its obligations under this Agreement, fires, floods, other natural disasters, and the direct impact of such circumstances on the Party obligated to fulfill obligations, the Party is exempt from fulfilling its obligations for the duration of these circumstances.

8.3. The Party for which the performance of obligations has become impossible due to force majeure circumstances must immediately inform the other party if it has such an opportunity.

9. PRIVACY POLICY AND PERSONAL DATA PROTECTION

9.1. The information provided by the User is confidential and is used for the proper execution of the Order placed by the User (including sending notifications to the User about the order or the possibility of sending the Goods, as well as informing the User about discounts, promotions, and events).

9.2. By clicking the 'Place Order' button, the User automatically gives voluntary consent to the processing of their personal data that has become or will become known to the Site Administrator and the Seller as a result of accepting (accepting) the User's offer. The processing includes, but is not limited to, collecting, registering, accumulating, storing, adapting, changing, updating, using, and disseminating (including transferring), depersonalizing, destroying personal data for the purpose of maintaining a customer database, including the right of the Seller to conduct a survey of the User using the contact information provided by the User to the Seller regarding the quality of goods, invitations to participate in advertising and marketing events, the results of considering his appeals, notifications about promotions, offers, advertising materials, expanding the Seller's activities, and more.

9.3. The User agrees that the Seller should not obtain any additional consent from the User for the transfer of the User's personal data for its use within the Seller's activities.

9.4. The User (Buyer) has the right to refuse newsletters (advertising, marketing messages) at any time or withdraw their consent to the processing of personal data by contacting the Seller or the Site Administrator, writing a corresponding statement, and sending it to the postal or email address specified on the Site.

9.5. The Seller has the right to refuse the User in the execution of the Order in case of the absence of the User's consent to the processing of personal data in accordance with the conditions of this Agreement.

9.6. To place orders for goods, participate in promotions, surveys, or otherwise interact with the Seller, the User must carefully familiarize themselves with their rights and obligations regarding the processing of personal data, as specified in Art. 8 of the Law of Ukraine 'On the Protection of Personal Data' and this Agreement, carefully read this User Agreement, and express their full consent to its terms.

9.7. The Site uses cookies to provide maximum information and give the User the most pleasant experience when interacting with the Site. If the User continues to use the Site, it means their consent to the use of cookies. The User can refuse newsletters or prohibit the use of cookies at any time through personal settings on their device, through which they use the Site.

10. OTHER TERMS

10.1. This agreement is concluded on the territory of Ukraine.

10.2. The invalidity of any clause or part of the Agreement does not lead to the invalidity of the Agreement as a whole.

10.3. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to resolve the disputed issue, the Buyer or the Seller may apply for dispute resolution to the judicial authorities in accordance with the current legislation.