Website Terms and Conditions of Use

1. Terms

By accessing this Website, accessible from https://www.budziko.com/, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials on Búdziko's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;
• use the materials for any commercial purpose or for any public display;
• attempt to reverse engineer any software contained on Búdziko's Website;
• remove any copyright or other proprietary notations from the materials; or
• transferring the materials to another person or "mirror" the materials on any other server.

This will let Búdziko to terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format. These Terms of Service has been created with the help of the Terms Of Service Generator.

3. Disclaimer

All the materials on Búdziko’s Website are provided "as is". Búdziko makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Búdziko does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.

4. Limitations

Búdziko or its suppliers will not be hold accountable for any damages that will arise with the use or inability to use the materials on Búdziko’s Website, even if Búdziko or an authorize representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Búdziko’s Website may include technical, typographical, or photographic errors. Búdziko will not promise that any of the materials in this Website are accurate, complete, or current. Búdziko may change the materials contained on its Website at any time without notice. Búdziko does not make any commitment to update the materials.

6. Links

Búdziko has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Búdziko of the site. The use of any linked website is at the user’s own risk.

7. Site Terms of Use Modifications

Búdziko may revise these Terms of Use for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.

8. Your Privacy

Please read our Privacy Policy.

9. Governing Law

Any claim related to Búdziko's Website shall be governed by the laws of us without regards to its conflict of law provisions.

PUBLIC AGREEMENT

(PUBLIC OFFER AGREEMENT)

The following text is an agreement between a natural person-entrepreneur Konoval Yuliia Volodymyrivna a (hereinafter - FOP Konoval YV), which provides access and services to the site tote-collection.com (hereinafter - the Online Store), and an individual , who visited at least one page of the site or used at least one of the services provided within the site, including without prior registration and authorization on the site (hereinafter - the Buyer).

 

1.General provisions

1.1. This Agreement is a public contract - offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for the organization of purchase and sale remotely, ie through the online store.

1.2.In accordance with Art. 642 of the Civil Code of Ukraine full and unquestioning acceptance of the terms of the public contract, ie the public offer of the online store is the fact of placing an order by clicking on the link "Place an order" in the cart and pay 100% of the order under this agreement.

1.3. The public offer is also accepted when registering the Buyer on the website of the online store.

1.4. By concluding the Agreement, the Buyer confirms that he is fully acquainted with and agrees to its terms, and, if the Buyer is an individual, gives permission to process their personal data in order to fulfill the terms of this Agreement, the possibility of mutual settlements and to obtain invoices, deeds and other documents. Permission to process personal data is valid for the entire term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been informed (without additional notice) about the rights established by the Law of Ukraine "On Personal Data Protection", the purposes of data collection. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood.

2. Terms and definitions

2.1. Online store - the Seller's site ("tote-collection.com"), created for the conclusion of retail purchase and sale agreements on the basis of acquaintance of the Buyer with the description of the Goods offered by the Seller in photographs, via the Internet, which excludes the possibility of direct acquaintance of the Buyer means of selling goods.

2.2. Goods - a list of names of the range presented in the online store.

2.3. Product card - a set of information about the product, which includes the name of the product, the image of the product on the site, its description, price, characteristics, color, size, configuration, availability in the store and more.

2.4. Order - a properly executed and placed on the Site request of the Buyer, addressed to the Seller, for the purchase and delivery of the goods selected on the Site to the address specified by the Buyer.

2.5. Order Cost - the amount to be paid upon receipt by the Buyer of the order, after the application of discounts or bonuses.

2.6. "Place an order" - the Buyer's decision to purchase the product, issued in the online store.

2.7."Personal data" - any information that is knowingly provided by the Buyer when registering and / or placing an Order on the Site, and is necessary to fulfill the order online store.

 

3. Scope of the contract

3.1. The Online Store undertakes to transfer ownership of the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods under the terms of this Agreement.

3.2. This agreement regulates the purchase and sale in the online store, including:

a) voluntary choice by the Buyer of goods by "Categories";

b) self-execution by the Buyer of the order in the online store;

c) payment by the Buyer of the order placed in the online store;

d) execution and transfer of the order to the Buyer in the terms of this agreement.

 

4. Ordering procedure

4.1.The buyer places his order online in the online store or by telephone to the contacts specified in the online store.

 

5. Cost and order of payment for goods

5.1. The full cost of the goods is indicated on the pages of the Seller's online store.

5.2. The buyer pays for the order in any way selected in the online store.

5.3.The cost of delivery of the order is paid by the Buyer independently upon receipt of the order.

5.4. Prices for goods and services may vary depending on market conditions, which is reflected in the prices in the online store. The Seller may not change the price for a particular Buyer, if he has already accepted the terms of the Seller and made in the manner prescribed by this agreement payment for the Goods (services).

 

 

6. Delivery of the order

6.1. Delivery of the ordered Goods is carried out within 1 (one) to 3 (three) working days from the moment of confirmation of the Order by the manager, but in any case not later than thirty days from the moment of confirmation of the Order.

6.2.Methods of delivery are described in detail in the section of the site "Payment and Delivery".

6.3. Upon receipt of the Goods, the Buyer checks them for compliance with the Order, checks the quality and quantity of the Goods, its integrity, completeness. The Buyer has the right to refuse the ordered Goods in full, indicating the reason in the relevant documents.

6.4. The cost of delivery in the online store is not specified, as it depends on the current tariffs of the transport company (carrier).

6.5. The seller is not responsible for the delivery time of the order, because they depend on the actions of third parties (carriers).

6.6. The Buyer has the right to receive the Order in the branch of the Courier Company within 5 (five) working days, taking into account the day of receipt of the shipment (Order) in the branch of the Recipient (Buyer). If the Order was not requested by the Recipient (Buyer) within the above period, such shipment (Order) is considered unclaimed (canceled at the initiative of the Buyer) and returned to the Seller.

 

7. The order of return of goods and refunds

7.1. The Buyer has the right to return the Goods of proper quality within fourteen days from the date of receipt of the Goods at the Courier Company if the Goods are not satisfied with its shape, size, style, color or other reasons can not be used for its intended purpose. . Return of the Goods of proper quality is made if it has not been used and if its appearance, consumer properties, seals, labels, as well as the settlement document issued to the Buyer together with the sold Goods are preserved. The goods refused by the Buyer must be packed in the original undamaged packaging.

7.2. Partial redemption of the Order is not provided. The Buyer has the right to redeem the Order in full or withdraw from it until the payment for the goods in such Order.

7.3. In case of defects, the Buyer is obliged to fix them in the drawn up act of any form. The deed must be signed by the Buyer and the employee of the carrier or Seller. Within 1 (one) day from the moment of signing the Act, the Buyer is obliged to notify the manager (representative of the Seller responsible for ordering the Goods) of the identified defects and agree to replace the Goods.

7.4. In case of termination of the Agreement (return of goods), the necessary condition for the return of funds for the returned goods is the provision by the Buyer to the Seller of documents confirming payment (purchase) of the returned goods.

7.5. Refunds for returned goods are possible only by non-cash payment, namely: from the current account of the Seller to the current account in the national currency of Ukraine of the Buyer, opened by a bank resident in Ukraine, including to such current account of the buyer. use of electronic means of payment (eg personal bank payment card).
Details for refunds for returned goods The Buyer must indicate in the Application for return of goods. Cash refunds are not possible.

7.6. Refunds are made to the Buyer within 10 (ten) working days, but in any case not later than 30 (thirty) days from the date of receipt of the Buyer's notice of termination of the Agreement and receipt of the Goods. After the transfer of funds, the Seller has the right to inform the Buyer by sending a notice to his e-mail specified in the Personal Account.

7.7. If the Buyer refuses the parcel, the shipment is returned to the sender, ie the online store. Payment for the return of the parcel is paid by the buyer.

7.8. In case of return of the Goods of proper or improper quality, the Buyer must return by the Courier Company to which the delivery of this Order was made, to the address of the store from which the Order was sent.

 

8. Rights and duties

8.1. The buyer must:

a) get acquainted with the information about the Goods, which is posted on the Seller's website;

b) place an order on the site yourself;

c) timely pay and receive an order from the Carrier under the terms of this agreement;

d) upon receipt of the goods from the carrier to make sure of its integrity and completeness by inspecting the contents of the package. In case of detection of damages and incomplete equipment - to fix them in the act which together with the Buyer should be signed by the employee of the carrier;

e) notify the Seller of the lack of delivery of the Goods at the time agreed by the Parties;

f) not to commit any actions, the implementation or attempt to which provides for criminal, administrative or civil liability established in Ukraine.

 

8.2. The buyer has the right to:

a) require the online store to comply with the terms of this agreement;

b) in case of detection of defects within the established warranty period, in the manner and within the time limits established by law, to require:

1) proportional reduction of the price;

2) gratuitous elimination of defects of the Goods within a reasonable time;

3) reimbursement of expenses for elimination of defects of the Goods.

4) require the replacement of the Goods with the same Goods or similar ones, from those available to the seller.

c) notify the Seller in writing of any claims related to the purchase of the Goods;

d) terminate the Agreement by notifying the Seller within fourteen days of receipt of the Goods at the Courier branch, if the Goods are not satisfied with its shape, size, style, color, size or for other reasons can not be used for its intended purpose ;

e) other rights in accordance with applicable law and these Rules.

 

8.3.

Online store must:

a) comply with the terms of this agreement;

b) notify Buyers of changes to these Rules by posting appropriate changes on the Site;

c) transfer the goods to the Buyer in accordance with the selected sample, placed in the online store, the order and the terms of this agreement;

d) ensure the fulfillment of warranty obligations in accordance with the requirements of the Law of Ukraine "On Consumer Protection" and these Rules;

e) accept from the Buyers appeals, applications, complaints and proposals and provide answers to them within the period prescribed by law;

e) the online store is not liable, can not act as a defendant in court and does not reimburse damages incurred by the Buyer due to the action or inaction of third parties.

 

8.4.

Online store has the right to:

a) make changes to these Rules by posting changes on the Site;

b) make changes to the range of Goods and change their prices without the consent of the Buyer, except for the Goods for which the order is accepted from the Buyer;

c) in case of impossibility to fulfill the Agreement due to the absence of the ordered Goods, notify the Buyer within 3 (three) calendar days, but not later than thirty days from the date of receipt of the Buyer's order. In this case, the Seller has the right to replace the Goods in the absence of another Goods, if:

1) other Goods meet the purpose of using the ordered Goods;

2) has the same or better quality;

3) its price does not exceed the price of the ordered Goods. In this case, the Seller is obliged to agree on the replacement of the Goods with the Buyer, and acceptance of the Goods by the Buyer is considered the latter's consent to such replacement;

d) unilaterally suspend the provision of services under this Agreement in the event of breach by the Buyer of the terms of this Agreement;

e) other rights in accordance with applicable law and these Rules.

 

9.Responsibilities of the parties

9.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.

9.2. The buyer is responsible for the correctness and timeliness of payments made by him. Amounts erroneously credited by the Buyer to the accounts of third parties are not reimbursed or reimbursed by the Seller.

9.3. All disputes arising out of or in connection with this Agreement shall be settled by negotiation between the Parties.

9.4.If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the established jurisdiction and jurisdiction of such dispute in accordance with the legislation in force in Ukraine.

9.5.

In case of force majeure, the parties are released from fulfilling the terms of this Agreement. Force majeure for the purposes of this Agreement means events of an extraordinary, unavoidable unpredictable nature that exclude or objectively impede the implementation of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.

9.6. The party alleging force majeure must notify the other party in writing by e-mail within five calendar days of such circumstances.

9.7. If due to force majeure the non-performance of obligations under this Agreement lasts for more than five months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.

 

10.

Miscellaneous

10.1. The online store reserves the right to unilaterally amend this Agreement with its prior publication on the site "tote-collection.com".

10.2. Internet - a store created to organize a remote way of selling goods over the Internet.

10.3. The online store is not responsible for the content and veracity of the information provided by the Buyer when placing an order.

10.4. The buyer is responsible for the accuracy of the information specified in the order.

10.5. Payment by the Buyer for the order placed in the Online Store means the Buyer's full consent to the terms of the Purchase Agreement (public offer of the Online Store) and is the date of the Purchase Agreement between the Seller and the Buyer.

10.6. The use of the Internet - store resource to view the goods, as well as to place an order is free of charge for the Buyer.

10.7. By self-acceptance of the Agreement or registration on the site "tote-collection.com" (filling out the registration form) the Buyer voluntarily agrees to the collection and processing of personal data in the registered database of the Seller "Counterparties" for the following purposes: purposes, including for processing orders for the purchase of goods, obtaining information about the order, sending telecommunication means (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about the activity For the purposes provided for in this paragraph, the Seller has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send sms-messages, make calls to the telephone number specified in the questionnaire. The information provided by the Buyer is confidential.

10.8. In case of change of surname, name or patronymic of the Buyer, he is obliged to notify the Seller within 20 calendar days from the entry into force of such changes by making appropriate changes to the registration in the "Personal Account" on the Site, but in any case before the implementation of the relevant Order on the site.

10.9. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.

 

11. Term of this agreement

11.1. This agreement comes into force from the date of ordering or registration in the online store "tote-collection.com" and is valid until all the terms of the agreement.

 

12. DETAILS OF THE PERFORMER

Private individual Konoval Yuliia Volodymyrivna

USREOU code 3589409808

Bank details:
IBAN: UA443220010000026008320028606
FUIB JSC

MFI 334851

13. 

SMS/MMS Mobile Message Marketing Program Terms and Conditions

BÚDZIKO (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement”). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may also modify this Agreement at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.

The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from BÚDZIKO via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.