Terms of service

Article 1 – Definitions

The following definitions apply to these terms and conditions:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

Consumer: a natural person who is not acting in the course of their professional or commercial activity and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Contract of continuous performance: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or perform is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer's option to withdraw from a distance contract during the cooling-off period;

Entrepreneur: a natural or legal person who offers products and/or services to consumers remotely;

Distance contract: a contract concluded within an organized system for the distance sale of products and/or services by the entrepreneur, using exclusively one or more means of distance communication up to and including the conclusion of the contract;

Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place at the same time.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identification of the Entrepreneur

FLUFFY™

Individual Entrepreneur Volodymyr Ivanovych Hlukhota

Phone:

+380 (44) 300-12-12

Email:

info@fluffy.ua

Address:

7V Zhylianska Street, Kyiv, Ukraine

Nova Poshta branch for returns and/or correspondence:

Ukraine, Kyiv, Nova Poshta Branch No. 150

43 Antonovycha (Hor'koho) Street, Volodymyr Ivanovych Hlukhota

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract concluded and ordered between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these General Terms and Conditions shall be made available to the consumer. If this cannot reasonably be done, it shall be indicated before the distance contract is concluded that the General Terms and Conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions may be provided to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this cannot reasonably be done, it shall be indicated before the distance contract is concluded where the General Terms and Conditions can be accessed electronically and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.

In the event that, in addition to these General Terms and Conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions of these General Terms and Conditions are wholly or partially invalid or become voidable at any time, the agreement and these terms shall remain in force for the remainder, and the relevant provision shall be replaced without delay by a provision that most closely reflects the substance of the original provision, following mutual consultation.

Matters that are not regulated by these General Terms and Conditions shall be assessed in the spirit of these General Terms and Conditions.

Any uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in the spirit of these General Terms and Conditions.

Article 4 – Offer

If an offer has a limited period of validity or is subject to conditions, this shall be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, they shall be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.

The images accompanying the products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly correspond to the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:

  • the price, excluding customs duties and import duties. These additional costs are borne by the customer. For customs clearance, the postal and/or courier service uses a special procedure for postal and courier services. This procedure applies when goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service will charge the recipient of the goods for VAT (possibly together with customs clearance fees);
  • the cost of delivery;
  • how the contract will be concluded and what actions are required for this purpose; whether the right of withdrawal applies; the method of payment, delivery and performance of the contract;
  • the period for accepting the offer or the period during which the entrepreneur guarantees the price;
  • the amount of the rate for distance communication, if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
  • whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer;
  • how, before concluding the agreement, the consumer can review the data they have provided in connection with the agreement and, if desired, correct it;
  • the other languages in which the agreement may be concluded;
  • the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically;
  • the minimum duration of the distance contract in the case of a contract of continuous performance;
  • Optional: available sizes, colors and material types.
Article 5 – Agreement

The agreement is concluded, subject to the provisions of Article 4, at the moment when the consumer accepts the offer and fulfills the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the entrepreneur, the consumer may terminate the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

The entrepreneur may, within the limits of the law, collect information regarding the consumer's ability to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has reasonable grounds to refuse the agreement, they are entitled to refuse an order or request, stating the reasons, or to impose special conditions on its performance.

The entrepreneur shall provide the consumer with the following information with the product or service in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

  • the address of the entrepreneur's establishment where the consumer can submit complaints;
  • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • information regarding warranties and existing after-sales service;
  • the price, including all taxes applicable to the product or service; where applicable, the delivery costs;
  • the method of payment, delivery or performance of the distance contract;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  • in the case of a contract of continuous performance, the provisions of the previous paragraph apply only to the first delivery.
Article 6 – Right of Withdrawal
For delivery of products:

When purchasing products, the consumer has the option to terminate the agreement without giving any reason for a period of at least 14 days. This cooling-off period begins on the day following receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product together with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

For provision of services:

When services are provided, the consumer has the option to terminate the agreement without giving any reason for a period of at least 14 days, starting from the day the agreement is concluded.

To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or no later than upon delivery.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the products shall be borne by the consumer.

If the consumer has already paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least before the agreement is concluded.

The exclusion of the right of withdrawal is possible only for products:

  • that have been created by the entrepreneur according to the consumer's specifications;
  • that are clearly of a personal nature;
  • that cannot be returned due to their nature;
  • that may deteriorate or expire rapidly;
  • that fall under the category of products which, in accordance with Article 9 of the Law of Ukraine "On Consumer Protection", have been approved by the Cabinet of Ministers of Ukraine as a list of goods of proper quality that are not subject to exchange or return;
  • whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
  • for individual newspapers and magazines; audio and video recordings and computer software whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is possible only for services:
  • relating to accommodation, transport, catering or leisure activities that must be performed on a specific date or during a specific period;
  • where delivery has begun with the consumer's consent before the end of the cooling-off period;
  • relating to betting and lotteries.
Article 9 – Price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. The offer shall indicate the possibility of such fluctuations and the fact that any prices stated are target prices.

Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory provisions or regulations.

Price increases after 3 months following the conclusion of the agreement are permitted only if the entrepreneur has stipulated this and:

the increase results from statutory provisions or regulations; the consumer has the right to terminate the agreement from the day the price increase takes effect. The prices stated in the offer for products or services include VAT.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, meet the specifications stated in the offer, and satisfy reasonable requirements regarding reliability and/or usability.

The warranty provided by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each specific application of the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:
  • the consumer has repaired and/or modified the supplied products themselves, or they have been repaired and/or modified by third parties;
  • the supplied products have been exposed to extraordinary circumstances or have been handled carelessly or contrary to the entrepreneur's instructions and/or the instructions on the packaging;
  • the defect is wholly or partially the result of regulations adopted or to be adopted by the government concerning the nature or quality of the materials used.
Article 11 – Delivery and Performance

The entrepreneur exercises the utmost care when receiving and fulfilling orders for products.

The place of delivery is the address provided by the consumer to the company.

Subject to the provisions of Article 4 of these General Terms and Conditions, the company shall fulfill accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified within 30 days of placing the order. In this case, the consumer has the right to terminate the agreement without any costs and the right to any compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of the ordered product proves impossible, the entrepreneur will endeavor to provide a replacement. Clear and understandable notice that a replacement product will be supplied will be provided no later than at the time of delivery. The right of withdrawal cannot be excluded for replacement products. The costs of returning the replacement product will be borne by the entrepreneur.

The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance by the consumer and made known to the entrepreneur, unless otherwise agreed.

Article 12 – Fixed-Term Agreements

Duration, Termination and Renewal The consumer may terminate an agreement concluded for an indefinite period and relating to the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate an agreement concluded for a fixed period and relating to the regular supply of products (including electricity) or services at any time before the end of the agreed period, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

  • at any time and without being restricted to termination at a specific time or during a specific period; termination may be carried out at least in the same manner as the agreement was concluded;
  • at any time with the same notice period as the entrepreneur has established for themselves.
Renewal:

An agreement concluded for a fixed period and relating to the regular supply of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

Notwithstanding the previous provision, an agreement concluded for a fixed period and relating to the regular supply of daily, news and weekly newspapers and magazines may be automatically extended for a maximum period of three months, provided that the consumer can terminate the extended agreement at the end of the extension period with a notice period of no more than one month.

An agreement concluded for a fixed period and relating to the regular supply of products or services may be automatically extended for an indefinite period only if the consumer can terminate it at any time with a notice period of no more than one month, and if the agreement concerns regular delivery less frequently than once a month, for example daily, news and weekly newspapers and magazines, the extension period may not exceed three months.

An agreement with a limited duration for a trial or introductory period of delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be automatically extended and will automatically terminate after the end of the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise provided, amounts payable by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of services, this period begins after the consumer has received confirmation of the agreement.

The consumer has a duty to immediately notify the entrepreneur of any inaccuracies in the payment details provided or specified.

If the consumer fails to meet the payment deadline, the entrepreneur is entitled, subject to applicable legal limitations, to charge reasonable costs that were previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

Responses to complaints submitted to the entrepreneur shall be provided within 14 days from the date of receipt. If it is anticipated that a complaint will require more time to process, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the entrepreneur's obligations unless otherwise stated by the entrepreneur in writing.

If the entrepreneur considers a complaint to be justified, the entrepreneur shall, at their discretion, replace or repair the supplied products free of charge.

Article 15 – Disputes

Only Ukrainian law applies to agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply, even if the consumer resides abroad.

📧 info@fluffy.ua

📞 +380 (44) 300-12-12