1.1. Subject to the terms of this Public Agreement of sale and purchase, the following terms shall have the following meanings:
1.1.1. “Agreement” means this Public Agreement of sale and purchase which provides for the sale of Goods to an unlimited number of Buyers at a distance using means of distant communication (the Internet) through the “MARBELI” Online Store available on https://marbeli.com.ua.
1.2.1. “Goods” mean non-food consumer goods (clothing, footwear, leather goods, accessories etc.) that are offered for sale at a distance under the terms of this Agreement using means of distant communication (the Internet) in the “MARBELI” Online Store.
1.3.1. “Seller” means the “MARBELI” Online Store available on https://marbeli.com.ua (represented by individual entrepreneur Besaga Marian Yaroslavovych).
1.4.1. “Buyer” means any capable individual who has fully accepted all the terms of this Agreement at his/her own free will in the manner provided for by this Agreement.
5.1. “Goods Receiver” means any capable person designated by the Buyer in the relevant Order for the Goods as a receiver of the Goods
2.1. For the purposes of this Agreement, all terms specified in clause 1.1 herein, are used solely within the meaning defined in clause 1.1 of this Agreement regardless of the use of these terms in singular or plural forms or in any other grammatical forms, cases and/or structures.
3.1. All other terms that are not separately defined in this Agreement shall be understood and interpreted in their literal grammatical meaning based on the provisions of the applicable laws of Ukraine, good business practices as well as the objective and subject of this Agreement.
2.1. Subject to the procedure and the terms prescribed by this Agreement, the Seller undertakes to transfer the ownership of the Goods chosen by the Buyer, and the Buyer undertakes to accept and pay for the Goods subject to the procedure and the terms prescribed by this Agreement.
2.2. Ownership of the Goods shall pass to the Buyer at the time of delivery (transfer) of the Goods, and subject to full payment by the Buyer of the cost of the Goods according to the procedure and on the terms prescribed by this Agreement.
3.1. The Buyer independently and at his/her own discretion chooses the Goods available and offered for sale in the “MARBELI” Online Store, clicks the “Add to Cart” button, and independently fills out and sends the “Order Form” to the Seller, indicating his/her last name, first name, contact phone number, e-mail address, country, selected payment method, selected method and desired point of delivery of the Goods (in case the Buyer wishes to receive the delivered Goods), last, first and patronymic names of the Goods receiver (in case the Goods are to be received by a Receiver).
3.2. After filling out the “Order Form”, the Buyer shall carefully read all the terms of this Agreement, and in case of acceptance of these terms in full, click “Proceed to payment” button, which is deemed to be the Buyer’s relevant Order for the Goods chosen.
3.3. This Agreement shall be deemed concluded, and the Seller’s proposal to conclude this Agreement (offer) fully accepted by the Buyer immediately after the Buyer clicks the “Proceed to payment” button on the “MARBELI” Online Store website https://marbeli.com.ua.
3.4. By clicking on checkbox “I agree to the Website Terms of Use”, the Buyer confirms his full and complete consent to all the terms of this Agreement without exception, including the terms of delivery and payment for the Goods at the prices indicated on the website https://marbeli.com.ua of “MARBELI” Online Store as of the date of conclusion of this Agreement by the Buyer.
3.5. By clicking on “Proceed to payment” button, the Buyer confirms that he/she has been duly notified by the Seller in a convenient and accessible manner in accordance with the requirements of Article 13 (part 2) of the Law of Ukraine “On Protection of Consumer Rights” about:
– the Seller’s full name, identification code, location, working hours, e-mail address;
– the main characteristics and consumer properties of the Goods chosen by the Buyer;
– the cost of the Goods chosen by the Buyer, including all taxes and fees, as well as the cost of their delivery to the Buyer;
– method, procedure and terms of payment and delivery of the Goods chosen by the Buyer;
– the Seller’s warranty obligations and other services related to the maintenance or repair of the Goods chosen by the Buyer (if any);
– warranty period and service life of the Goods chosen by the Buyer, mandatory conditions for the use of the Goods and possible consequences in case of failure to comply;
– the procedure for acceptance of claims;
– the period for acceptance of the offer for concluding this Public Offer Agreement;
– the procedure for termination of this Agreement;
– other conditions under which the Goods are offered for sale.
3.6. By clicking on “Proceed to payment” button, the Buyer confirms that he/she has fully and properly received all necessary, accessible, reliable and timely information about the Goods chosen, in accordance with the requirements of Article 15 of the Law of Ukraine “On Protection of Consumer Rights”, which fully ensured the possibility of a conscious and competent choice of this item.
3.7. Clicking on “Proceed to payment” button by the Buyer shall be deemed to be the unconditional and full acceptance by the Buyer of all the terms and conditions set forth herein without exceptions, as well as his/her entry into the relevant contractual relationship with the Seller.
3.8. In cases provided for by applicable laws of Ukraine or at the request of the Buyer, this Agreement is concluded in writing.
3.9. Time for processing and finalization by the Seller of an Order for Goods placed by the Buyer is up to 2 (two) business days from the date of filling out and placing Order Form by the Buyer in accordance with the procedure established in clauses 3.1.-3.2. herein. If an Order for Goods is placed by the Buyer on a weekend or holiday, the time for processing and finalization of this Order for Goods commences on the first business day after the weekend or holiday.
3.10. Order Form, filled out and placed by the Buyer in accordance with the procedure established in clauses 3.1.-3.2. herein, shall be executed by the Seller on the appropriate form (paper medium) in two authentic copies. The first copy of the executed Order Form shall be transferred by the Seller to the Buyer or Receiver of the Goods along with the ordered Goods at the time of their delivery (transfer), the second copy shall be signed by the Buyer or Receiver of the Goods, and shall remain with the Seller.
3.11. Within the period established by clause 3.9. hereunder, the Seller undertakes to:
– assign a serial number to the Order placed by the Buyer;
– send an automatic email notification about processing of the Order to the email address specified by the Buyer in this Order, indicating: – the serial number of this Order assigned by the Seller; – information about the delivery time of the Goods ordered by the Buyer (if the Buyer ordered Goods with delivery); – the conditions and procedure for exchange (return) of the Goods; – the Seller’s name, its location and the procedure for acceptance of claims regarding the Goods; – Warranty obligations and information about other services related to the maintenance or repair of the Goods; – the procedure for termination of this Agreement.
3.12. If the Buyer selects a cashless method of payment for the Goods in the Order Form, then within the period established in clause 3.9 herein, the Seller undertakes to send an invoice for payment for the Goods ordered by the Buyer to the email address specified by the Buyer in such an Order.
3.13. The Buyer shall have the right, having so informed the Seller, to unilaterally withdraw from this Agreement during the entire period from the day of its conclusion (acceptance by the Buyer of the Seller’s offer) and until actual receipt of the ordered Goods.
4.1. The Buyer shall have the right to:
4.1.1. require full and proper fulfillment of the terms of this Agreement by the Seller;
4.1.2. refuse to accept and pay for poor-quality or incomplete Goods or Goods that do not correspond to the Order placed for these Goods;
4.1.3. withdraw from this Agreement in the manner and in the cases provided for by this Agreement and the applicable laws of Ukraine;
4.1.4. terminate this Agreement in the manner and in the cases provided for by this Agreement and the applicable laws of Ukraine;
4.1.5. demand from the Seller a refund of money paid for the Goods in the event of termination or withdrawal from this Agreement;
4.1.6. exercise other rights provided for by this Agreement and the provisions of applicable laws of Ukraine.
4.2. The Buyer shall undertake to:
4.2.1. fulfill all his/her obligations hereunder in a proper manner and in full;
4.2.2. carefully read the content and terms, and get familiarized with the cost of the Goods offered for sale in the “MARBELI” Online Store, methods and procedure for their payment prior to enter into the present Agreement;
4.2.3. carefully learn the cost and methods of delivery of the Goods on the “Delivery and Payment” page of the “MARBELI” Online Store website: https://marbeli.com.ua https://marbeli.com.ua/pay/ prior to enter into the present Agreement;
4.2.4. accept the ordered complete Goods of proper quality in accordance with the procedure and on the terms established by this Agreement;
4.2.5. pay the cost of the ordered Goods in accordance with the procedure and on the terms established by this Agreement;
4.2.6. keep the relevant payment document (receipt, sales or cash slip) confirming the sale (transfer) of the Goods during the entire warranty period;
4.2.7. perform other obligations prescribed by this Agreement and the provisions of applicable laws of Ukraine.
4.3. The Seller shall have the right to:
4.3.2. organize Sales and Promotional Offers that provide a temporary opportunity to purchase Goods on more favorable terms than usual;
4.3.3. exercise other rights provided for by this Agreement and the provisions of applicable laws of Ukraine.
4.4. The Seller shall undertake to:
4.4.1. fulfill all its obligations hereunder in a proper manner and in full;
4.4.2. provide the Buyer with complete and reliable information about the Goods and their cost by posting this information on the website: https://marbeli.com.ua of the “MARBELI” Online Store;
4.4.3. provide the Buyer with complete and reliable information about the cost and methods of delivery of the Goods by posting this information on the “Delivery and Payment” page of the “MARBELI” Online Store website: https://marbeli.com.ua https://marbeli.com.ua/delivery/.
4.4.4. ensure the delivery of the Goods ordered by the Buyer to the delivery point specified by the Buyer and in the manner chosen by the Buyer in the relevant Order for such Goods within the time limits, in the manner and on the terms established herein;
4.4.5. ensure shipping (delivery) of complete Goods of proper quality ordered by the Buyer in suitable packaging to the Buyer or Receiver of the Goods, and transfer all the documents specified in clause 6.10 hereunder along with the Goods within the time limits, in accordance with the procedure and on the terms established by this Agreement;
4.4.6. exchange (replace) the poor-quality item purchased by the Buyer for the same item of proper quality or for other similar item from among the Goods available for sale on the “MARBELI” Online Store website https://marbeli.com.ua at the request of the Buyer;
4.4.7. refund money paid by the Buyer for the Goods within the time limits, in the manner and on the terms established by this Agreement in the event of termination or withdrawal of the Buyer from this Agreement;
4.4.8. perform other obligations prescribed by this Agreement and the provisions of applicable laws of Ukraine.
5.1. Cost of Goods offered for sale in the “MARBELI” Online Store is indicated on the “MARBELI” Online Store website: https://marbeli.com.ua (an integral part of this Agreement), and is established in accordance with the procedure provided for by the applicable laws of Ukraine.
5.2. Cost of Goods offered for sale in the “MARBELI” Online Store includes all taxes, fees and any other mandatory charges, including non-tax payments.
5.3. The Seller shall have the right to organize seasonal sales or any other types of sales of the Goods offered for sale in the “MARBELI” Online Store (hereinafter referred to as the Sale). In this case, the Seller shall additionally indicate the following information on the “MARBELI” Online Store website https://marbeli.com.ua (an integral part of this Agreement):
– the group of Goods in the Sale;
– duration of the Sale, indicating the start date and end date of the Sale;
– regular cost of the Goods on Sale and their cost for the Sale period.
5.4. The Seller shall have the right to offer Buyers to purchase several Goods or their combination at once, as well as to offer Buyers, in the event of purchasing particular Goods specified by the Seller, to purchase other Goods specified by the Seller at a reduced price (hereinafter referred to as Promotional Offers). In this case, the Seller shall additionally indicate the following information on the “MARBELI” Online Store website: https://marbeli.com.ua (an integral part of this Agreement):
– content and cost of the Promotional Offer, and the cost of such Goods for each item separately in the case of offering to purchase several Goods at once or combining them for one price;
– conditions for acceptance of the Promotional Offer, in particular the period for its acceptance, and any restrictions on its acceptance, including restrictions on the quantity of Goods offered for purchase under such conditions.
5.5. The cost of the Goods ordered by the Buyer shall be equal to the cost of these Goods for this Buyer as indicated on the “MARBELI” Online Store website: https://marbeli.com.ua on the date of conclusion of this Agreement by this Buyer (acceptance by this Buyer of the Seller’s offer) taking into account the reduction in the regular cost of these Goods as a result of Promotional Offers and/or Sales organized by the Seller (in the event of their conducting at the time of conclusion of this Agreement by the Buyer).
5.6. After conclusion by the Buyer of this Agreement (the Buyer’s acceptance of the Seller’s offer), the Seller shall have no right in any way and under any circumstances to change or otherwise revise for this Buyer the cost of the Goods ordered by him/her, and the cost of their delivery.
5.7. By filling out the “Order Form”, the Buyer, at his own discretion, chooses one of the methods of payment for the Goods ordered by him/her, specified in the “Delivery and Payment” page on the “MARBELI” Online Store website: https://marbeli.com.ua https://marbeli.com.ua/pay/ (an integral part of this Agreement).
5.8. Failure by the Buyer to fulfill his/her obligations to pay for the Goods ordered by him/her shall be deemed to be a unilateral withdrawal by the Buyer from this Agreement in full, which, accordingly, results in the termination in full of all Seller’s obligations that arose as a result of the Buyer’s acceptance of the Seller’s offer to conclude this Agreement.
5.9. All payments hereunder shall be made solely in the national currency of Ukraine.
5.10. You can pay for your order using one of the available methods:
– LiqPay — instant payments service;
– Cashless payment — to the bank account details or via plata by mono;
– Cash on delivery — payment on receipt of the order.
– We ship cash on delivery orders with a prepayment, which covers shipping costs in case of refusal to receive the order.
– We ship cash on delivery orders with a prepayment, which covers shipping costs in case of refusal to receive the order. Please note that Nova Poshta (Nova Post) charges a commission of 2% of the transfer amount + UAH 20 for the cash on delivery service.
6.1. Time of delivery:
6.1.1. Delivery time in Ukraine by Nova Poshta service: 1-2 days – to big cities; 2-4 days – to branches of towns and villages remote from main transport routes.
6.1.2. The estimated delivery time for international orders is 10-20 days from the date of shipment.
6.1.3. Please note that during the Sale, the shipping time may increase to 5-10 business days after confirmation of order. If you need any further information about delivery times, please contact the hotline +380770097707 (daily from 9:00 to 19:00), or send an email to marbelibrand@gmail.com.
6.2. Terms of delivery:
6.2.1. We deliver goods throughout Ukraine using Nova Poshta service.
6.2.2. Your order will be shipped within 1-4 days, provided that the Goods are in stock. If the Goods are out of stock, our manager will inform you of the time of manufacturing and delivery.
6.2.3. Transport service does not make deliveries to combat operational zones and temporarily occupied territories.
6.2.4. You can pick up your order at the nearest Nova Poshta branch or parcel lockers, or use courier delivery to any address convenient for you.
6.3. The cost of delivery in Ukraine is calculated according to the Nova Poshta rates.
6.3.1. Free delivery to a branch or parcel locker is available for orders over UAH 5,000, subject to full prepayment.
6.3.2. Please note that provision of delivery services starts immediately after the order is processed and shipped by the Seller. If the order is canceled after shipment, postage expenses will not be reimbursed.
6.4. International orders delivery:
6.4.1. We ship worldwide, except for russia and belarus.
6.4.2. Orders are shipped via Ukrposhta logistics service at a fixed rate of UAH 800. The estimated delivery time is 10-20 days from the date of shipment.
6.4.3. We are not responsible for any customs delays. International orders may be subject to customs duties and taxes upon arrival in the country of destination, in accordance with the laws of that country. The receiver is responsible for any additional customs clearance costs.
6.5. Information on the cost and possible methods of delivery of the Goods (an integral part of this Agreement) is contained on the “Delivery and Payment” page of the “MARBELI” store website: https://marbeli.com.ua – https://marbeli.com.ua/delivery.
6.6. Delivery and handover (transfer) of the ordered Goods by Nova Poshta LLC delivery service is carried out under this Agreement in accordance with the terms of delivery of goods established by Nova Poshta LLC (http://novaposhta.ua).
6.7. The Seller undertakes to transfer to the Buyer or Receiver of the Goods the following documents along with the Goods:
– one copy of the Order Form, issued by the Seller in accordance with the requirements of the applicable laws of Ukraine;
– the corresponding payment document of the prescribed form (receipt, sales or cash slip) indicating the date of sale (date of transfer) of the Goods and the date of payment for the Goods;
6.8. Handover (transfer) of the ordered Goods to the Buyer or Receiver of the Goods shall be carried out on the following conditions only:
– payment by the Buyer of one hundred percent of the cost of such Goods in accordance with the procedure and on the terms established by this Agreement;
– presentation by the Buyer or Receiver of the Goods of his/her identity document;
– signing by the Buyer or Receiver of the Goods of the second copy of the Order Form issued by the Seller.
6.9. If the ordered Goods are of proper quality, they are complete and fully comply with the relevant Order for these Goods placed by the Buyer, the Buyer or Receiver of the Goods signs the second copy of the Order Form and hands it over to the Seller or a representative of Nova Poshta LLC.
6.10. If the ordered Goods do not comply with the relevant Order for these Goods placed by the Buyer, or the Goods are of poor quality, incomplete or have any defects, the Buyer shall have the right at his own discretion:
– to withdraw from the present Agreement, or
– to demand the exchange (replacement) of this item for the same item of proper quality in accordance with the Order Form placed by the Buyer, or for another similar item from among the Goods available for sale in the “MARBELI” Online Store.
6.11. Signature of the Buyer or Receiver of the Goods on the second copy of the Order Form shall be an unconditional confirmation of the following:
– receipt of the Goods ordered by the Buyer;
– compliance of the ordered Goods with the Order for these Goods placed by the Buyer;
– the Buyer has no complaints regarding the quality and completeness of the ordered Goods.
6.12. The risk of accidental destruction, loss or damage to the ordered Goods shall pass to the Buyer from the time of handover (transfer) of these Goods to the Buyer or Receiver of the Goods.
6.13. This Agreement shall be deemed fulfilled at the time of handover (transfer) to the Buyer or Receiver of the Goods of the complete Goods of proper quality ordered by the Buyer, which fully comply with the Order for these Goods placed by the Buyer.
6.14. Refusal of the Buyer or Receiver of the Goods to accept the ordered Goods, that are of high quality, complete and fully comply with the Order for these Goods placed by the Buyer, and/or refusal of the Buyer or Receiver of the Goods to sign the second copy of the completed Order Form for these Goods shall be deemed a unilateral withdrawal by the Buyer from this Agreement in full, which, accordingly, results in the termination in full of all obligations of the Seller that arose as a result of the Buyer’s acceptance of the Seller’s offer to conclude this Agreement, except for the obligations to refund the money paid by the Buyer for the Goods (if payment was made).
6.15. Automatic return of delivery:
6.15.1. If your order was delivered via Nova Poshta service, it will be stored at the branch free of charge for 7 calendar days. The first day of storage is the next calendar day after the shipment arrives at the Receiver’s branch.
6.15.2. If you do not receive your package within this period, it will be returned to sender.
6.16. Return policies:
6.16.1. You can exchange or return the item if it does not suit you within 14 days from the date of purchase. For this purpose, the following conditions shall be observed:
– the purchase was made in the marbeli.com.ua Online Store;
– no more than 14 days have passed since the date of receipt of the Goods;
– confirmation of payment for the Goods and delivery is available;
– a form for return or exchange was filled in;
– the item has not been used and is in the same condition in which it was received by the Buyer.
6.17. Returns are only possible if the Goods are in proper condition:
– there are no contaminations or defects resulting from use or improper storage;
– all tags, labels and manufacturer’s markings are preserved;
– the original packaging is preserved, if it was present when the Goods were received.
6.18. Return policies:
– Make sure that the Goods are subject to return according to the terms and conditions specified on the website.
– Place the Goods in their original packaging.
– If your order contains several pieces, place all items in the packaging.
– When returning promotional Goods with gifts, return the complete set you have received.
– In order to return or exchange the Goods, it is necessary to fill in a special form and submit it along with the Goods. You should indicate any shortcomings or defects that were discovered if a defective item is returned.
– A return and exchange form is included with each purchase in the marbeli.com.ua Online Store. If the form is missing or lost, you can contact a brand representative and receive a new copy.
6.19. Shipping costs for return or exchange of the Goods are covered by the Buyer.
6.20. The Goods are returned via the same postal service with which the order was delivered.
6.21. At the time of returning the item at the post office, please pay attention to the estimated value of the item. Please indicate the full purchase amount, as shown on the sales slip. Postal service will reimburse only the estimated value of the item in the event of its loss or damage.
6.22. If the Goods are sent using cash on delivery service, they will be returned to sender without reimbursement of the cost of the Goods and postal services.
6.23. How to use the Nova Poshta “Easy Return” service?
– If you ordered Goods with Nova Poshta delivery, but the Goods did not suit you, you can easily apply for a return through the Nova Poshta application.
– First, you need to inform our manager about the return of the Goods. You have the opportunity to return the Goods free of charge using the “Easy Return” service within 14 days after receipt of the package.
– Prior to returning the Goods, make sure you have examined them. The Goods must be in marketable condition, packed in branded packaging, and accompanied by a sales slip and warranty card.
6.24. To use the “Easy Return” service, make the following steps:
– Log in to the Nova Poshta mobile application or business account.
– Go to “My shipments” section and select the package you want to return.
– In the “Manage package” section, select the “Easy return” option.
– Indicate the reason for returning the Goods from the list of proposed options.
– Create a new electronic invoice and send the Goods to the receiver’s parcel locker, branch or address.
The “Easy Return” service may be unavailable if:
– edirection or return was activated in the invoice;
– you have manually placed the package in the “Archive”;
– more than 14 days have passed since the package was received.
7.1. The Seller undertakes to deliver to the Buyer the ordered Goods of proper quality, suitable for use for the purpose for which such Goods are ordinarily intended.
7.2. The quality of the Goods shall comply with the requirements established for this category of Goods in the relevant regulatory legal acts and normative documents.
7.3. The warranty period commences from the date of handover (transfer) of the ordered Goods to the Buyer.
7.4. In the event of the Buyer’s exchange of Goods of proper quality or the exchange (replacement) of Goods with significant defects, the warranty period shall be recalculated from the date of exchange of the Goods of proper quality or from the date of exchange (replacement) of the Goods with significant defects.
7.5. The warranty period shall be extended for the duration of the Seller’s free elimination of the defects of Goods. This period is calculated from the date when the Buyer transferred the Goods to the Seller for elimination of the defects.
7.6. If defects in the purchased Goods are discovered within the established warranty period, the Buyer shall have the right to demand:
– a proportional reduction in the price of the Goods;
– free elimination of the Goods’ defects;
– reimbursement of expenses for elimination of the Goods’ defects.
7.7. If the Buyer requests free elimination of the Goods’ defects, such defects must be eliminated by the Seller within 14 (fourteen) days from the date of receipt of the defective Goods by the Seller or within any other period agreed upon between the Seller and the Buyer.
7.8. The Buyer’s claims specified in Clause 7.6 herein shall not be satisfied if the Seller proves that the defects in the Goods arose due to the Buyer’s violation of the rules for using the Goods or the conditions of their storage.
8.1. The Buyer shall have the right, within 14 (fourteen) business days from the date of receipt of the ordered Goods of proper quality (excluding the day of receipt), to exchange the Goods for Seller’s other similar Goods if the received Goods do not satisfy the Buyer in terms of shape, dimensions, style, color, size, or for other reasons, or if the Goods cannot be used by the Buyer as intended.
8.2. The Goods of proper quality can be exchanged provided that they have not been used, and their commercial appearance, consumer properties, seals, and tags are preserved.
8.3. The list of Goods that are not subject to exchange or return on the grounds specified in Clause 8.1 herein, is approved by the Cabinet of Ministers of Ukraine (zakon4.rada.gov.ua/laws/show/172-94-п).
8.4. The exchange of Goods of proper quality, as well as the exchange (replacement) of Goods with significant defects, is carried out by the Seller based on a written request from the Buyer, presented either personally to the Seller’s representative or sent to the Seller’s address specified in the “Returns and Exchanges” section on the “MARBELI” Online Store website https://marbeli.com.ua.
8.5. The Buyer’s requests for the exchange of Goods of proper quality, as well as requests for the exchange (replacement) of Goods with significant defects, shall be satisfied by the Seller immediately, provided the necessary Goods are available. In any case, the exchange or replacement shall be carried out no later than 14 (fourteen) business days from the date of receipt of the Buyer’s request specified in clause 8.4 of this Agreement.
8.6. The exchange of Goods of proper quality, as well as the exchange (replacement) of Goods with significant defects, is carried out by the Seller provided that the Buyer has the relevant payment document in the prescribed form (receipt, sales or cash slip) confirming the sale of the Goods to the Buyer, indicating the date of sale (date of transfer) of the Goods.
8.7. If, at the time when the Buyer contacts the Seller with a request to exchange Goods of proper quality for other similar Goods, the required item is not available for sale in the “MARBELI” Online Store, the Buyer shall have the right to:
– exchange the purchased item for any other item available for sale in the “MARBELI” Online Store, with the corresponding recalculation of its cost in accordance with the applicable laws of Ukraine, or
– terminate this Agreement in the manner established by Section 9 herein, or
– exchange the received item for another similar item as soon as it becomes available for sale in the “MARBELI” Online Store. In this case, the Seller undertakes to give notice to the Buyer on the day such item becomes available for sale.
8.8. The return of Goods of proper quality by the Buyer, as well as the return of Goods with significant defects by the Buyer in connection with the exchange or replacement of such Goods, shall be carried out in accordance with the procedure established in Section 10 of this Agreement.
9.1. The Buyer shall have the right to terminate this Agreement within 14 (fourteen) business days from the date of receipt of the ordered Goods, as well as in other cases provided for by this Agreement and the applicable laws of Ukraine, by giving notice to the Seller in accordance with the procedure established in Clause 9.2 of this Agreement.
9.2. The notice of termination of this Agreement shall be deemed to be the Buyer’s request for a refund of the amount paid for the Goods, sent to the Seller in accordance with the procedure established in Clause 11.1 of this Agreement.
9.3. This Agreement shall be deemed terminated upon the Seller’s receipt of the Buyer’s request for a refund of the amount paid for the Goods.
9.4. In order to exercise the right to terminate this Agreement, the Buyer must retain and present to the Seller the relevant payment document in the prescribed form (receipt, sales or cash slip) confirming the purchase of the Goods, indicating the date of sale (date of transfer) of the Goods.
9.5. Termination of this Agreement by the Buyer shall result in the return of the purchased (received) Goods to the Seller in accordance with the procedure established in Section 10 of this Agreement.
10.1. For failure to fulfill its obligations under this Agreement, the Seller shall be liable in accordance with the applicable laws of Ukraine.
10.2. The Seller shall be released from liability for full or partial failure to fulfill its obligations under this Agreement if such failure is due to force majeure circumstances.
10.3. For the purposes of this Agreement, force majeure circumstances shall mean external and extraordinary events that did not exist at the time of conclusion of this Agreement and arose independently of the Seller’s will, provided that the Seller could not have foreseen their occurrence or prevented them by means that could reasonably be required and expected to be used.
10.4. Circumstances of force majeure include, but are not limited to: earthquakes, fires, floods, epidemics, epizootics, radiation contamination or contamination by any nuclear source, transportation disasters, military actions, uprisings, mass riots, revolutions, strikes, terrorist acts, social conflicts, decisions of state authorities and local self-government bodies, blockades, embargoes, international sanctions, etc.
10.5. If the Seller loses its ability to fulfill its obligations under this Agreement due to force majeure circumstances, the Seller undertakes to immediately notify the Buyer of the occurrence, nature, and anticipated duration of the events preventing the proper fulfillment of obligations under this Agreement within 5 (five) business days from the onset of such circumstances.
10.6. Any disputes and discrepancies arising between the Buyer and the Seller regarding the exercise of their rights and the fulfillment of their obligations under this Agreement shall be resolved through negotiations.
10.7. If the parties fail to reach an agreement on the subject of the dispute through negotiations, all disputes and discrepancies between the Buyer and the Seller regarding the exercise of their rights and the fulfillment of their obligations under this Agreement shall be resolved in accordance with the procedure established by applicable laws of Ukraine.
11.1. This Agreement is a public electronic agreement (offer) for the retail sale of Goods at a distance using means of distant communication (the Internet) through the “MARBELI” Online Store.
11.2. The period for acceptance of the offer to conclude this Public Agreement is set from January 01, 2025, to January 1, 2030, inclusive.
11.3. Withdrawal or modification of the terms of the offer to conclude this Public Agreement, as well as amendments to the terms of this Public Agreement, may be made by the Seller at any time.
11.4. Withdrawal or modification of the terms of the offer to conclude this Public Agreement, as well as amendments to the terms of this Public Agreement, may not be the basis for:
– any revision or modification of the terms, or termination of agreements already concluded by the Seller with Buyers under the terms of this Public Agreement;
– the Seller’s refusal to fulfill obligations under agreements already concluded with Buyers under the terms of this Public Agreement.
11.5. The terms of the offer to conclude this Public Agreement, as well as the terms of this Public Agreement, are identical for all Buyers.
11.6. The Seller’s offer to conclude this Public Agreement is considered fully accepted by the Buyer from the date the Buyer concludes this Public Agreement in the manner established by Clause 3.3 herein.
11.7. Conclusion of this Public Agreement (the Buyer’s acceptance of the Seller’s offer) is considered an unconditional and full acceptance by the Buyer of all terms of this Public Agreement without exceptions, including essential terms, as well as the establishment of the corresponding contractual legal relations with the Seller.
11.8. Automatic email notification sent by the Seller to the Buyer regarding the processing of the Order Form for Goods, as specified in Clause 3.11 of this Public Agreement shall be the confirmation of conclusion of this Public Agreement.
11.9. The documentary (paper) confirmation of the conclusion of this Public Agreement is the relevant payment document in the prescribed form (receipt, sales or cash slip) indicating the date of sale (date of transfer) of the Goods.
11.10. Complete information about the Goods offered for sale in the “MARBELI” Online Store under the terms of this Public Agreement, as well as the information specified in Clause 3.5. herein, is available on the “MARBELI” Online Store website: https://marbeli.com.ua.
11.11. If any terms of this Public Agreement are found to be invalid, null and void, or unenforceable, it shall not affect the validity or enforceability of the remaining terms of this Public Agreement.
11.12. By entering into this Public Agreement, the Buyer provides his/her full, unconditional consent for an indefinite period to receive informational messages from the Seller via SMS, email, social networks, etc., regarding news of the “MARBELI” Online Store, as well as promotional offers and sales organized by the Seller in the “MARBELI” Online Store. At the same time, the Buyer shall have the right to opt out of receiving such informational messages at any time by filling out the electronic opt-out form on the “Subscription” page on the “MARBELI” Online Store website: https://marbeli.com.ua.
11.13. By filling out the “Order Form” and/or completing the registration/authorization process on the “MARBELI” Online Store website: https://marbeli.com.ua, the Buyer acknowledges that he/she has read the Privacy Policy and provides his/her full, unconditional, consent for an indefinite period for:
– adding by the Seller (owner and manager of the personal details database) of the information provided by the Buyer to the “Buyers” personal details database, including information that is considered personal under the applicable laws of Ukraine;
– disclosure by the Seller of information about the Buyer, including information considered personal under the applicable laws of Ukraine, to third parties, including couriers and delivery services engaged by the Seller, exclusively for the purposes specified in Clause 13.14 herein;
– disclosure by the Seller of information about the Buyer, including information considered personal under the applicable laws of Ukraine in cases explicitly provided for by applicable laws of Ukraine.
11.14. By filling out the “Order Form” and/or completing the registration/authorization process on the “MARBELI” Online Store website, the Buyer provides his/her full, unconditional consent for an indefinite period to the processing and use of information about the Buyer by the Seller, including information considered personal under the applicable laws of Ukraine, solely for the following purposes:
– registration and identification of the Buyer in the “MARBELI” Online Store.
– recovery of registration password in the “MARBELI” Online Store.
– marketing purposes, namely: informing the Buyer via SMS, email, social networks, etc., about news of the “MARBELI” Online Store, promotional offers, and Sales organized by the Seller in the “MARBELI” Online Store; conducting market research of the Goods consumption; identifying potential Buyers; and determining the needs of potential Buyers for the Goods offered for sale;
– diligent fulfillment by the Seller of its contractual obligations to the Buyer, including obligations related to the delivery of Goods;
– compliance by the Seller with the requirements of applicable laws of Ukraine, including consumer protection legislation.
11.15. By registering in our “MARBELI” Online Store, you consent to the processing of your personal data for the proper provision of services as prescribed by the Public Offer Agreement. This includes the disclosure of your contact details to courier services for the organization of Goods delivery.
11.16. By registering, you also confirm that you are aware of your rights under Article 8 of the Law of Ukraine “On Personal Data Protection”. More details are available at: http://zakon2.rada.gov.ua/laws/show/2297-17.
11.17. We collect only the data necessary to provide our services. In some cases, we may request additional information.
11.18. When you visit the website, the following data is automatically stored:
– Cookies to improve functioning of the site;
– information about web queries, IP address, browser type and language, date, and time of the query.
11.19. Your data is disclosed to third parties (except for courier services) only with your consent, or in the following cases:
– in order to comply with the provisions of applicable laws of Ukraine;
– in response to a legally formalized request from a lawyer regarding a possible breach of the Public Offer Agreement;
– in order to prevent fraud, address security issues, and resolve technical malfunctions.
11.20. We implement modern technical and organizational measures to protect your data from unauthorized access, including encryption and physical data security measures.
11.21. All other matters not covered by this Public Agreement shall be governed by the applicable laws of Ukraine.
MARBELI.COM.UA ONLINE STORE GIFT CERTIFICATE TERMS AND CONDITIONS
1. Introduction
1.1. Gift Certificate/Electronic Gift Certificate (hereinafter referred to as the Certificate) is a card of a certain denomination and validity period, which entitles the Buyer/Holder to purchase Goods in the Seller’s Online Store from among the range of goods available on the date of purchase, and confirms the Buyer’s agreement to purchase Goods on https://marbeli.com.ua website under the terms defined in the Public Offer Agreement.
1.2. «Gift Certificate/Electronic Gift Certificate» does not constitute a payment instrument or a negotiable security.
1.3. «Gift Certificate/Electronic Gift Certificate» is non-personalized and may be used both by the individual who purchased it and by any other individual who presents it for redemption.
1.4. The Certificate may be issued in the form of a physical card, a barcode in electronic format (printed on paper), or a promo code.
1.5. By using the Certificate, its Owner/Holder agrees to the terms of the Public Offer Agreementand these Terms and Conditions, and undertakes to comply with them in a proper manner.
1.6. The Certificate is not subject to return or exchange for other denominations, and cannot be converted back into a cash equivalent. In case of loss, the Certificate is not subject to replacement.
1.7. If the Certificate is purchased as a gift:
* The responsibility for properly informing the Gift Recipient about the terms of these Gift Certificate Usage Terms and Conditions, the validity period of the Certificate, and the date of its activation lies with the purchaser (the gift giver) of the Certificate.
* The responsibility for properly reviewing and complying with these Terms and Conditions lies with the Gift Recipient (Holder of the Certificate).
* The Seller reserves the right to make amendments and supplements to these Terms and Conditions by publishing them on https://marbeli.com.ua website.
2. Purchase and Use of the Gift Certificate
2.1. The Electronic Gift Certificate may be purchased using a bank payment card through the Seller’s online store «MARBELI» by making a cashless payment to the Seller’s bank account for the Electronic Certificate in accordance with the procedure specified in Section 5 of the Public Offer Agreement.
2.2. The Gift Certificate/Electronic Gift Certificate is available in both fixed denominations: UAH 2000, UAH 4000, and variable denominations. The denomination of the Certificate is indicated in Hryvnias and is equal to its value, which serves as an advance payment for future Goods.
2.3. When purchasing the Certificate, the Buyer pays an amount equal to the selected denomination of the Certificate. This amount constitutes an advance payment that will be credited toward the purchase of Goods by the Holder of the Certificate in the future.
2.4. The Certificate is automatically activated within 24 hours from the moment it is received (in the case of non-cash payment), but in any case, not before the Seller has received full payment of the Certificate’s value.
2.5. If the Order amount is less than the denomination of the Certificate, the remaining balance is retained by the Holder and may be used for a subsequent Order on https://marbeli.com.ua within the validity period of the Certificate.
2.6. When making a purchase with the use of the Certificate, the Certificate is deactivated (rendered invalid) in the amount of the redeemed value. If the full amount is not used, only the redeemed portion is deactivated.
2.7. If the purchase amount exceeds the nominal value of the Certificate, the Owner/Holder of the Certificate is required to pay the difference between the price of the Goods and the denomination of the Certificate using one of the payment methods specified in Section 5 of the Public Offer Agreement.
2.8. If the purchase amount is less than the nominal value of the Certificate, the difference between the price of the Goods and the denomination of the Certificate remains with the Owner/Holder for future purchases within the validity period of the Certificate, but is not subject to any form of refund or payout.
2.9. The Seller’s obligations under the Certificate are limited to the validity period of the Certificate, the range of goods available in the Seller’s Online Store, and the denomination of the Certificate.
3. Validity Period of the Gift Certificate
3.1. The validity period of the Certificate is limited, is determined separately by the Seller, and constitutes 12 months from the date of purchase. The Seller reserves the exclusive right to change the validity period of Certificates by publishing the relevant information on the website.
3.2. If, during the validity period of the Certificate, the Owner/Holder does not exercise the right to purchase Goods, the Seller’s obligations under the Certificate shall be considered fulfilled, and the amount paid for the Certificate is non-refundable and remains at the disposal of the Seller.
3.3. The validity period of the Certificate cannot be changed, extended or renewed.
3.4. The Seller has the right to refuse acceptance of the Certificate if there are doubts about its authenticity and/or if it is damaged in a way that makes its identification impossible.
3.5. The Buyer/Holder assumes all risks of accidental damage or loss of the Certificate immediatelyits purchase.
4. Miscellaneous Provisions
4.1. The purchase of a Gift Certificate constitutes the Buyer’s acceptance of these Terms and Conditions.
4.2. If any questions arise regarding the use of the Gift Certificate, the Buyer/Holder may contact the Seller’s customer support service using the contact information provided on the website.
4.3. The Gift Certificate terms of use constitute an integral part of the Public Offer Agreement. In the event of any discrepancies between these Terms and Conditions and the Agreement, the provisions of the Agreement shall prevail.
