PUBLIC OFFER AGREEMENT
The website https://white-scrubs.com/en/ (hereinafter referred to as the ‘Website’) is managed by FOP KARVATSKA OLENA VITALIIIVNA, which is registered and operates in accordance with the legislation of Ukraine (hereinafter referred to as the “Seller”).
This Public Offer Agreement (hereinafter – "Offer", "Agreement") is an official open offer of the Seller to conclude a Contract for the sale of goods remotely, by accepting this Offer on the Site.
1. DEFINITION OF TERMS
1.1 This clause defines the interpretation of the following terms and definitions used in the Agreement.
- ‘Order’ means a duly executed request by the Buyer to purchase the Goods, addressed to the Seller.
- ‘User’ means any natural person who has access to the Website via the Internet.
- ‘Buyer’ means a person who places an Order and intends to purchase/buy the Goods offered for sale by the Seller and presented on the Website.
- ‘Offer’ – information about the Goods posted by the Seller on the Website, this Offer being previously agreed with the Buyer, including information about the Goods, their price, payment and delivery methods, as well as other terms and conditions of purchase of the Goods.
- ‘Website’ – a web page located under the domain name: https://white-scrubs.com/en/ and managed by the Seller, including all information, texts, graphic elements, design elements, images, photographs and video materials posted on the Website, and other results of intellectual activity, as well as the information and technical resources of the Website.
- ‘Delivery Service’ means a third party that provides services for the transportation of goods, courier and/or postal delivery of goods.
- ‘Goods’ means a tangible object offered for sale by the Seller and placed on the Website, for which a valid Offer is indicated.
2. SUBJECT OF THE OFFER
2.1. The subject of the Offer is the Seller's obligation to transfer the Goods to the Buyer and the Buyer's obligation to accept the relevant Goods and pay a certain amount of money for them on the terms provided for in the Offer.
3. TERMS AND CONDITIONS OF ACCEPTANCE OF THE OFFER
3.1. Acceptance of the Offer (the moment of conclusion of the Contract) occurs at the moment of placing an order or paying for an order.
By accepting the Offer, the Buyer confirms that they are aware that the Goods are shipped from Ukraine and agrees to pay import duties and taxes in the country of receipt independently.
4. ORDERING PROCEDURE
4.1. To place an Order on the Website, the Buyer selects the Goods presented in the relevant Offers on the Website, which the Buyer intends to purchase. The selection of Goods is made by clicking on the link in the ‘Buy’ field for each individual unit of Goods.
4.2. The order for the selected Goods is processed by clicking on the link in the ‘Proceed to checkout’ field and providing information in the corresponding fields, namely: the Buyer's first and last name, telephone number and email address, and the choice of delivery method for the Goods. If desired, the Buyer may add relevant comments when placing the Order and request a call from the Seller's manager.
4.3. The order is considered to be duly placed from the moment the Buyer clicks on the link in the ‘Place order’ field or another field with similar content and receives the Order number.
4.4. The Buyer is responsible for the accuracy and reliability of the information provided to the Seller for placing the Order. In case of inaccuracy of the information provided by the Buyer, the latter shall reimburse all costs incurred as a result of providing such information.
4.5. Based on the results of the Buyer's actions provided for in clause 4.3 of the Offer, the Seller provides an Order number and confirms the Order by sending it to the Customer's e-mail or mobile phone number. The Seller has the right not to confirm the order if all the data and payment are available.
4.6. A request to cancel an order shall only be accepted until the moment of its physical dispatch by the Seller.
4.7. The Seller shall confirm the Order by sending a notification to the Customer's e-mail address or mobile phone number.
5. COST AND TERMS OF PAYMENT FOR GOODS
5.1. The cost of the Goods is determined by the Offer at the time of placing the Order and includes the costs associated with the delivery of the Goods to the Buyer.
5.2. The order is shipped after full (100%) payment has been credited to the Seller's account.
5.3. The Buyer shall make payment using electronic payment systems integrated into the Website (WayForPay, Monobank or similar) that support Mastercard, Visa, Apple Pay and Google Pay cards.
5.4. If the Buyer does not provide the specified information/provides incorrect information, the Seller shall not be liable for any possible violation of the terms of the Offer and additional costs caused by such actions of the Buyer.
5.5. The cost of the Goods on the Website includes delivery costs (‘Free Delivery’), but does NOT include import taxes, VAT and customs duties of the recipient's country.
5.6. All customs duties, VAT and other additional payments established by the legislation of the recipient's country (European countries and others) shall be paid by the Buyer independently upon receipt of the order. The Seller shall not be liable for the accrual and amount of these payments.
5.7. The Seller reserves the right to retain the Goods until they are paid for by the Buyer, in accordance with the terms and conditions set out in the Offer.
6. DELIVERY OF GOODS
6.1. In accordance with the terms and conditions specified in the Offer, the Buyer has the right to choose one of the methods of receiving the Goods presented in the Offer.
6.2. If the method of receipt chosen by the Buyer involves delivery of the Goods by a delivery service, the Seller undertakes to transfer the Goods to the relevant delivery service within 3 (three) working days from the date of placing the Order in accordance with clause 4.3 of the Offer. In the event of circumstances that complicate the transfer of the Goods, the Seller has the right to transfer the Goods within 7 (seven) working days.
6.3. Delivery is carried out from Ukraine to European countries and other available destinations by the following services:
Nova Poshta (post office / branch / courier) — approximately 3–10 working days;
EMS from Ukrposhta (addressed delivery) — approximately 7–14 working days.
6.4. The Seller undertakes to transfer the Goods to the Delivery Service within 3 (three) working days from the moment of payment (in case of complications — up to 7 working days).
6.5. During holidays, sales or special promotions, processing and delivery times may be extended.
6.6. The Seller shall not be liable for delivery delays caused by the work of customs authorities or the actions of the Delivery Service.
6.7. Upon receipt, the Buyer undertakes to check the Goods. Claims for visible defects shall not be accepted after the Goods have been accepted from the courier/at the branch.
6.8. Upon receipt of the Goods, the Buyer undertakes to check the Goods for damage and, if defects are found, to make a claim to the Delivery Service on the spot and draw up a report on the defects or other document confirming the poor quality of the Goods.
6.9. Claims by the Buyer regarding visible defects in the Goods, their completeness and quality shall not be accepted after the Buyer has received/accepted the Goods from the courier/at the post office.
7. RETURN OF GOODS
7.1. The buyer has the right to return or exchange goods of good quality within 30 (thirty) calendar days from the date of receipt.
7.2. Conditions for return: The goods have not been used, their marketable appearance, labels, completeness and original packaging have been preserved.
7.3. In accordance with the Law of Ukraine ‘On Protection of Consumer Rights’, goods of good quality from the category of underwear (thermal underwear, underwear, socks, etc.) are not subject to return or exchange.
7.4. In accordance with EU Directive 2011/83/EU, the Buyer has the right to withdraw from this Agreement within 14 days without giving any reason. The Seller voluntarily extends this period to 30 calendar days. The withdrawal period expires 30 days after the day on which the Buyer or a third party designated by the Buyer (other than the carrier) took physical possession of the goods.
7.5. Delivery for returns or exchanges is at the expense of the Buyer.
7.6. Refunds shall be made within 14 (fourteen) working days from the date of receipt of the Goods by the Seller.
7.7. When refunding, the Seller shall not reimburse:
customs duties and import taxes paid by the Buyer;
payment system commissions;
delivery costs (if they were specified separately or incurred during the return).
7.8. If the order is returned to the Seller due to the Buyer's refusal to accept it or due to the Buyer's failure to pay customs duties and import taxes in the country of destination, all actual expenses incurred by the Seller in connection with such return shall be deducted from the amount refunded to the Buyer. Such expenses include: the cost of return delivery, administrative fees of customs authorities, and the cost of storing the goods in the carrier's warehouse.
7.9. The Buyer may return the Goods in one of the following ways:
by independently sending the goods by post to the address provided by the Seller in response to the return request;
by using the return invoice creation service, if this option is available for the Buyer's country.
8. FORCE MAJEURE
8.1. The Parties shall be exempt from liability for partial or complete non-performance or improper performance of their obligations under the Agreement if such non-performance or improper performance is the result of force majeure circumstances (fire, flood, earthquake, natural disaster, military action and other force majeure circumstances) (hereinafter referred to as ‘Force Majeure’), and if these circumstances directly affected the performance of the Agreement, the performance shall be continued for the period during which these circumstances were in effect.
8.2. If the force majeure circumstances last for more than 3 (three) months, each Party shall have the right to refuse to further perform its obligations under the Agreement, and in such a case, the Agreement shall be deemed terminated if the Parties reach an agreement on the legal consequences.
8.4. A Party that is unable to perform its obligations under the Agreement shall notify the other Party in writing of the occurrence of force majeure circumstances no later than 5 (five) working days.
Failure to notify or untimely notification of the occurrence or termination of force majeure circumstances deprives the Party of the right to refer to such circumstances as a basis for exemption from liability for breach of obligations under the Agreement.
9. CONFIDENTIALITY AND PERSONAL DATA
9.1. Personal data provided by the Buyer is confidential information. The Seller uses this information for the purpose of fulfilling the Buyer's Order, unless otherwise provided by the contract between them.
9.2. By providing personal data for the purpose of purchasing the Goods, the Buyer consents to the collection and processing of their personal data by the Seller in accordance with the Privacy and Personal Data Protection Policy posted on the Website.
9.3. Personal data is processed in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679 and applicable national data protection legislation. The Buyer has the right to access, correct, delete their data and the right to object to its processing.
10. DISPUTE RESOLUTION
10. All disputes and disagreements related to the fulfilment of the terms of the Offer shall be resolved by the Parties through negotiations.
11. TERM OF VALIDITY AND PROCEDURE FOR TERMINATION OF THE AGREEMENT
11.1. The Agreement shall come into force upon the Buyer's performance of the actions specified in clause 4.3 of the Offer and shall remain in force until the Seller fulfils the Order in accordance with the relevant Offer selected by the Buyer.
11.2. The Agreement may be terminated before the end of its term by agreement of the Parties in the cases provided for in this Agreement.
12. WARRANTIES AND CONFORMITY OF GOODS
12.1. The Seller shall be liable for any non-conformity of the Goods that becomes apparent within 2 years of delivery (in accordance with Directive (EU) 2019/771). The Buyer shall be entitled to have the Goods repaired or replaced, and if this is not possible, to a price reduction or termination of the contract.
13. FINAL PROVISIONS
13.1. The Seller shall receive requests, complaints and other messages at the following email address: worldwide@white-scrubs.com
13.2. The current version of the Offer is available on the Seller's Website.
13.3. The Seller has the right to make changes to this Offer unilaterally.
14. SELLER'S DETAILS
INDIVIDUAL ENTREPRENEUR KARVATSKA OLENA VITALIIIVNA;
Registration number: 26730000000067713
Location: 29000, Ukraine, Khmelnytskyi region, city of Khmelnytskyi, Chornovola Street, building 112, apartment 94
E-mail: worldwide@white-scrubs.com