PUBLIC OFFER

TERMS AND DEFINITIONS

1.1 The following definitions have the following meanings and are the integral part of the present public offer agreement if not stated otherwise:
Seller is individual entrepreneur Romanenko Dmitry Yurievich registered at Sverdlovsk region, Sysertsky u.d., Kashino v., st. Samotsvetnaya, 6-11, Russia (Primary State Registration Number of Individual Entrepreneur: 321665800008227).
Customer is a legally capable individual placing Orders on the Seller’s website www.ushatava.com, or specified as receiver of Product, and using the Product for personal, family and/or domestic needs only and/or such other needs that are not related to business or commercial activity.
Online Store is an official online store of the Seller, or individual entrepreneur Romanenko Dmitry Yurievich, located at the Internet address www.ushatava.com. Under the present agreement such terms like Online Store and Store as well as website www.ushatava.com and derivatives of ushatava.com are of equal value and are interpreted authentically according to the public offer context.
Product is any merchandise offered for retail sale on the Seller’s website, or www.ushatava.com. Order is a duly arranged request of the Customer for purchasing and delivery of the Product to the address specified by the Customer.

1. GENERAL PROVISIONS

1.1 The present public offer agreement (hereinafter referred to as the Offer or The Agreement) is an official offer of individual entrepreneur Romanenko Dmitry Yurievich to any individual deemed legally capable and having necessary power to conclude a purchase and sale agreement with the Seller on conditions stipulated in this offer, and contains all the essential provisions of the purchase and sale agreement.
1.2 The relations in the field of consumer rights protection are regulated by the Civil Code of the Russian Federation, Law "On the Protection of consumer rights”, Regulation "On the Rules of sale of goods by remote means", approved by the RF Government, and other federal laws and legal acts of the Russian Federation.
1.3 The Seller reserves the right to modify the terms and conditions of the present Offer at any time without prior notice of the Customer. The modifications take effect immediately after being published on the website and are applicable to any online order placed after the publication.
1.4 By ordering on the website or by phone, subscribing to the newsletter or signing up at www.ushatava.com the Customer agrees with and accepts the Agreement terms and conditions stipulated below.
1.5 All textual information and graphics of the Product, which are published on the Website, are the property of the Seller.

2. SUBJECT OF THE AGREEMENT AND PRODUCT PRICE

2.1 The Seller transfers and the Customer accepts and pays for the Product following the terms of the present Agreement. The right of ownership to the Product ordered is transferred to the Customer at the moment of actual hand-over of the Product to the Customer and the payment of the Product’s full price. The risk of eventual loss or damage of the Product is transferred to the Customer at the moment of actual hand-over of the Product to the Customer.
2.2 The Product price is set by the Seller unilaterally and indisputably and is indicated on the Online store pages at www.ushatava.com.
2.3 The Product prices are stated in Russian rubles.
2.4 The offer to conclude a Purchase and Sale agreement is in force at the time the Product is on sale at www.ushatava.com and available at the Seller’s warehouse.

3. ORDER REGISTRATION

3.1. The order of the Customer is made independently by the Customer on the Website or with the help of a customer service specialist.
3.2. Placing an order independently or with the help of customer service specialists Customer agrees to transfer the Seller’s personal data (as provided in Section 11 of the offer) and Order or Order information to the Seller, and also agrees to comply with the Terms of Sale of Products by filling in the boxes in the appropriate columns when placing an order on the Site.

4. ORDER PLACEMENT

4.1 After placing an Order, the Customer receives an email containing all the essential details which are the Product price and delivery cost.
4.2 The Order is deemed accepted for processing once the Customer is emailed at the address provided upon registering the confirmation of his/her Order being received and/or once a new Order notification appears on the Website’s page.
4.3 The Seller reserves the right to cancel the Customer’s order request while it is being processed.
4.4 The Seller reserves the right to confirm the Order details with the Customer by phone. In case of a failure to contact the Customer during the following two days, the Order is automatically cancelled. In case the Seller cancels a prepaid Order, the price of the Order shall be refunded to the same payment method used to prepay the Product by the Customer.
4.5 After the order has been placed, the Customer is provided with the information on the expected delivery date by means of sending an electronic message at the address indicated by the Customer at the registration or by telephone. The delivery date depends on the availability of the merchandise stored at the Seller’s warehouse and the time necessary to process and deliver the order.

5. PAYMENT METHODS

5.1 The Product can be paid for in various ways as set out below:
• Online payment (VISA, Mastercard or Maestro);
• Apple Pay/Google Pay;
• PayPal.
5.2 You will find more information on the payment methods in the Payment and Delivery section.

6. DELIVERY

6.1 Delivery terms are listed on the page: https://www.ushatava.com/about/delivery/. The Customer is obliged to accept the Order at the agreed delivery time. An Order is delivered to the Customer (or a person specified by the Customer as the Receiver) personally. Any Product, which cannot be delivered to any of the above individuals, shall be handed over to a person providing details of the corresponding Order (shipment number and full name of the Receiver).
6.2 The Customer can collect his/her Order from any store listed by the Seller.
6.3 The Seller shall make every possible effort to meet the Product delivery time specified during the Order confirmation. Delays in delivery are allowable only due to unforeseen circumstances occurred due to no fault of the Seller.
6.4 The Customer reserves the right to either fully or partially cancel the Order (on condition that the Order has not yet been handed over to the courier service) any time until the Order is delivered to the Customer (the delivery documents are signed by the Customer). Once the Order has been delivered, you have 7 (seven) days to return it.
6.5 Proprietary rights, risk of accidental loss or damage of Product shall be transferred to the Customer upon receipt of the ordered Product. Signing of the corresponding delivery note by the Customer shall be the proof of proprietary rights being transferred.
6.6 Along with the Product, the Customer receives the return form, which specifies the return terms.
6.7 In case the Products are ordered for delivery outside the Russian Federation, the Customer may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Customer will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Before placing an Order, The Customer should contact his/her local customs office for further information.

7. RETURNS

7.1 Return and exchange of proper quality items can be done within 7 days from the date of receiving the order for the purchases online and within 14 days for the purchases made in our showrooms. You can request the return/exchange for any reason: size, color, style or cut. The returning/exchanging items must be in new, unaltered, and unused condition (no signs of wear or damage), bearing factory tags, sales check provided.
7.2 Non returnable items: underwear, stockings, socks, bathing suits, other knitted legwear garment.
7.3 Online store managers have the right to refuse the return in case of used items. In these instances all delivery costs for the return remain with the customer.
7.4 The return process
7.4.1 For the return of the products of good quality (including due to their exchange), the Customer undertakes to carefully pack the products (with all the components and a full set of accessories) and fill in a return form.
7.4.2 Return of products of good quality is made at the expense of the Customer using any courier service, or free of charge in case the Customer uses the PickPoint postamats service.

8.THE RETURN OF THE POOR QUALITY PRODUCT

8.1 A product of the poor quality is a product that has flaws and cannot ensure its functional qualities. The difference of design elements or design from the stated in the description on the site does not apply to the malfunction or non-functionality of the product.
8.2 To return the poor quality products, the Customer should contact the customer service specialist by email: info@ushatava.com The Customer undertakes to carefully pack the Products (with all accessories and a full set of accessories specified in the technical documentation for the Products), attach the documents specified in 7.4

9. THE REFUND

9.1 In case the delivered Order turned out to be of inadequate quality due to manufacturing defects, or damage during transportation, the Customer is entitled to return it or exchange it for a similar product of good quality, provided it is in stock.
9.2 Requirements for the return of the amount of money paid for the products shall be subject to satisfaction within 10 days from the date of submission of the relevant request. In the case of the return of products of inadequate quality, the cost of delivery and return shipping is also subject to return if paid by the Customer. In this case, the Customer is obliged to provide the original check, or other document that fixes the cost of delivery, or return the Products of inadequate quality. The term for crediting funds to the Customer's account depends on the terms established by the internal regulations of the respective banks.
9.3 If there is a dispute about the reasons for the occurrence of deficiencies or the fact of use of the products and the safety of its presentation, an independent examination of the products will be carried out.
9.4 In case of refusal of the Products and its return by courier and postal services, the refund to the Customer of funds is carried out by transferring the corresponding amount in the same way that money was received for the products, except as required by law.

10. CONFIDENTIALITY

10.1 The Customer provides the Seller with his/her passport and bank card details if returning the purchased Product. The Seller is entitled to use this data to fulfil the obligations under this Agreement. The Seller takes seriously the confidentiality of personal data provided by the Customer. By accepting this Offer and providing personal information, the Customers and visitors to the website express their consent and allow the Seller to process their personal data to promote the services on the market through direct contact with the Customer including a newsletter subscription, sms-surveys, promotions, analysis of marketing activities, customer assistance, gathering statistics, quality control of services provided by the Seller. Visitors to the website and customers allow the Seller (to fulfil the obligations and with the intention to conduct marketing activities) to hand over the procedure of processing personal data (first name, patronymic, date of birth, gender, postal address, social media accounts, email address, order history) to the third parties on the basis of the concluded agreement providing these third parties meet the requirements of the Legislation of the Russian Federation on Personal data security. Personal data processing is every operation or a number of operations performed on personal data, automatically or otherwise, such as: collection, recording, organizing, storing, adjusting, or altering, withdrawing, consulting, using, publishing through transmitting, revealing or making otherwise available, aligning, combing, blocking, deleting or destroying. The Customer is entitled to process personal data by terms of sending commercial/advertising content notifications at the address provided by the Customer; telephone calls, text messages or instant messaging; email newsletters. The Customer can decline receiving any of the above without giving any reason:
• by unsubscribing from the newsletter clicking on the 'Unsubscribe' button in the email letter;
• by contacting the Seller's Customer Service at the telephone number available in the 'Contacts' section at www.ushatava.com.
10.2 The Seller shall not disclose any personal information received from the Customer. The Seller reserves the right to transfer the Customer’s personal information to any third parties acting under instructions of the Seller and pursuant to agreements with the Seller in order to perform its obligations towards the Customer.
10.3 The Customer expresses his/her consent and allows the Operator to process his/her personal data by means of automatic system of data base management as well as other software tools specifically developed at the Operator’s order.
10.4 The Customer is entitled to request detailed information on his/her personal data, its processing and usage as well as to demand an exception or addition to the wrong or incomplete personal data.
10.5 The Seller shall have a right to record phone conversations with the Customer. As it is prescribed by Clause 4 of Article 16 of the Federal Law 'On Information, Information Technology and Information Security', the Seller shall prevent attempts of unauthorized access to information and/or its transfer to individuals/entities not immediately related to Order execution; promptly detect and preclude any such attempts.

11. OTHER TERMS AND CONDITIONS

11.1 The parties shall seek to resolve all the disputes arising through negotiations.
11.2 In case the agreement cannot be reached, the dispute shall be referred to court in accordance with the current legislation of the Russian Federation.