Public Offer Agreement — Pink™ Online Store

This document is a public offer agreement between Pink™, a women’s clothing brand, and any customer placing an order on the website tm-pink.com.

By making a purchase on our online store, you automatically agree to the terms and conditions described here, including payment, delivery, returns, and legal rights.

This agreement is based on Ukrainian legislation and covers:

  • rights and obligations of both buyer and seller;

  • order and contract cancellation terms;

  • personal data protection;

  • return and refund policy;

  • liabilities of the parties.

📌 Please read the terms carefully before placing an order.
 

Public Offer Agreement for the Purchase and Delivery of Goods

This Agreement constitutes an official and public offer by the Seller to enter into a contract for the purchase of goods presented on the website tm-pink.com. In accordance with Article 633 of the Civil Code of Ukraine, this Agreement is public, meaning that its terms are identical for all buyers regardless of their legal status (individual, legal entity, or sole proprietor), and no preference is granted to any particular buyer.

By concluding this Agreement, the Buyer fully accepts the terms of placing orders, payment, delivery, returns, liability for fraudulent orders, and all other conditions set forth herein. The Agreement is deemed concluded at the moment the Buyer clicks the "Confirm Order" button on the Checkout page in the "Cart" section and receives electronic confirmation of the order from the Seller.

1. Definitions

1.1. Public Offer – a public proposal by the Seller addressed to an indefinite number of persons to conclude a contract for the sale of goods remotely under the terms defined in this Offer.

1.2. Goods or Services – the subject of the transaction, selected by the Buyer on the Seller’s online store and added to the shopping cart, or previously purchased remotely.

1.3. Online Store – the Seller's website at www.tm-pink.com, designed to facilitate retail and wholesale transactions through presentation of product descriptions via the Internet.

1.4. Buyer – a capable individual who has reached the age of 18, or a legal entity or sole proprietor, who obtains information from the Seller, places an order for goods from the website, and uses them for non-commercial purposes.

1.5. Seller – TM Pink, represented by sole proprietor Leonova L.V. (ID code: 2965108484), acting in accordance with the legislation of Ukraine, registered at: 79019, Lviv, Zamarsynivska Street, 120.
 

2. Subject of the Agreement

2.1. The Seller 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.

2.2. The date of conclusion of the Agreement (acceptance of the offer) and the moment of the Buyer’s unreserved acceptance of its terms is the date when the Buyer completes the order form on the Seller’s website, provided that the Buyer receives electronic confirmation of the order. If necessary, at the Buyer’s request, the Agreement may be executed in writing.

3. Placing an Order

3.1. The Buyer independently places an order via the “Cart” form on the Online Store, by e‑mail, or by phone (as indicated in the Contacts section).

3.2. The Seller reserves the right to refuse to process the order if the information provided by the Buyer is incomplete or appears unreliable.

3.3. When placing an order, the Buyer must provide the following mandatory information required to fulfill the order:

  • full name;

  • delivery address (if applicable);

  • contact phone number;

  • identification code (for legal entities or sole proprietors).

3.4. The product’s name, quantity, SKU, and price chosen by the Buyer are displayed in the shopping cart on the website.

3.5. Should either Party require additional information, they may request it from the other Party. If the Buyer fails to provide requested information, the Seller is not liable for service deficiencies.
 

3.6. When placing an order through the seller's operator (paragraph 3.1. This offer), the buyer undertakes to provide the information referred to in paragraph 3.3 - 3.4. of this offer.

3.7. The buyer's adoption of the terms of this offer is carried out by entering the relevant data by the buyer in the registration form on the website of the online store or when placing an order through the operator. After the order through the operator, the buyer's data is entered in the seller's database.

3.8. The buyer is responsible for the accuracy of the information provided when placing the order.

3.9. By concluding the contract, that is, accepting the terms of this offer (the terms of the purchase of goods) by execution of an order, the buyer confirms the following:

a) the buyer is fully and fully acquainted, and agrees with the terms of this proposal (offer);

b) it gives permission for the collection, processing and transfer of personal data, permission to process personal data is valid throughout the term of the contract, as well as within an unlimited period after its expiration. In addition, the conclusion of the contract confirms that he is notified (without additional notification) of the rights established by the Law of Ukraine "On Protection of Personal Data", on the goals of data collection, as well as that his personal data is transferred to the seller for the possibility of fulfilling the terms of this contract, the possibility of settlements, as well as for receipt of accounts. The buyer also agrees that the seller has the right to provide access and transmit his or her personal information to third parties without any additional message from the buyer in order to fulfill the buyer's order. The volume of the buyer's rights as a personal data subject in accordance with the Law of Ukraine "On Protection of Personal Data" is known and understandable.

4. Price and delivery of goods

4.1 Prices for goods and services are determined by the seller independently and are indicated on the website of the online store. All prices for goods and services are indicated on the site in UAH, including VAT.

4.2 Prices for goods and services may be replaced by the seller unilaterally depending on the market situation. In this case, the price of a separate unit of goods, the cost of which is paid by the buyer in full, cannot be changed by the seller unilaterally.

4.3. The cost of the goods, which is indicated on the website of the online store does not include the cost of delivery of the goods to the buyer. The buyer pays the cost of delivery of the goods in accordance with the current tariffs of delivery services (carriers) directly selected by him of the delivery service (carrier).

4.4. The cost of the goods indicated on the website of the online store does not include the cost of delivery of goods to the buyer.

4.5. The seller may specify the estimated cost of shipping the goods to the buyer when you request the buyer with the corresponding request to the seller by sending a letter to email or when placing an order through an online store operator.

4.6. The obligations of the buyer to pay the goods are considered to be fulfilled from the moment of receipt of the seller of funds into his account.

4.7. Settlements between the seller and the buyer for the product are made by the ways specified on the website of the online store in the section "Payment and delivery".

4.8. Upon receipt of the goods, the buyer must check the compliance of the goods with qualitative and quantitative characteristics (product name, quantity, completeness, shelf life) in the presence of a representative of the delivery service (carrier).

4.9. The buyer or his representative during acceptance of the goods confirms his signature in the commodity check/ or in the order/ or in the transport invoice for the delivery of goods, which has no claims for the quantity of goods, appearance and completeness of the goods.

4.10. Ownership and risk of accidental loss or damage to the goods shall be transferred to the buyer or its representative from the moment of receipt of the goods by the buyer in the city of delivery of the goods upon independent delivery of the goods from the seller, or during the transfer of the goods by the seller to the delivery service (carrier) of the selected buyer.


5. Rights those obligations of the parties

5.1. The seller is obliged:

5.1.1. To transfer the goods to the buyer in accordance with the terms of this contract and the order of the buyer.

5.1.2. Do not disclose any private information about the buyer and provide access to this information to third parties, except in cases provided for by law and when performing the buyer's order.

5.2. The seller has the right:

5.2.1 Change the terms of this Agreement, as well as prices for goods and services, unilaterally, placing them on the website of the online store. All changes come into force from the moment of their publication.

5.3 Buyer undertakes:

5.3.1 By the time the contract is concluded, to familiarize yourself with the content of the contract, the terms of the contract and the prices offered by the seller on the website of the online store.

5.3.2 In order to fulfill its obligations to the buyer, the latter must notify all the necessary data that uniquely identify it as a buyer and sufficient for delivery to the buyer of the ordered goods.

6. Return of goods
 

6.1. The buyer is entitled to return the seller of good quality, if the product does not satisfy it in the form, dimensions, style, color, size or for other reasons cannot be used for its intended purpose. The buyer is entitled to return the goods of good quality within 14 (fourteen) days, not taking into account the day of purchase. The return of the goods of good quality is carried out if it is not used and if its appearance, consumer properties, packaging, seals, labels, as well as the settlement document issued to the buyer for payment of the goods. The list of goods that are not returned on the grounds stipulated in this paragraph shall be approved by the Cabinet of Ministers of Ukraine.

6.2. The buyer's return of the value of the goods of good quality shall be made within 30 (thirty) calendar days from the moment of receipt of such goods by the seller, subject to compliance with the requirements provided for in paragraph 6.1. Treaty, the current legislation of Ukraine.

6.3. The cost of the goods is refunded by bank transfer to the buyer's account.

6.4. The return of the goods of good quality at the seller's address is made at the expense of the buyer and the seller is not compensated by the buyer.

6.5. In case of detection within the prescribed warranty period of deficiencies in the goods, the buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to submit the seller requirements stipulated by the Law of Ukraine "On Consumer Protection". In case of requirements for free elimination of deficiencies, the term for their removal is deducted from the date of receipt of the goods by the seller at his disposal and physical access to such goods.

6.6. Consideration of the requirements stipulated by the Law of Ukraine "On Consumer Protection" shall be carried out by the seller, provided that the buyer is provided with the documents stipulated by the current legislation of Ukraine. The seller is not responsible for the shortcomings of the goods that have arisen after it was transferred to the buyer as a result of breach by the buyer of the rules of use or storage of goods, actions of third parties or force majeure.

6.7. The buyer does not have the right to refuse the goods of good quality that has individually defined properties, if the specified product can be used exclusively by the buyer who has purchased it (including at the request of the buyer not standard sizes, characteristics, appearance, equipment, etc.). Confirmation that the product has individually defined properties is the difference between the size of the product and other characteristics specified in the online store.

6.8. The return of the goods, in the cases stipulated by law and this Agreement, is carried out at the address specified on the site in the section "Contacts"


7. Responsibility

7.1. The seller is not responsible for the damage caused to the buyer or third parties as a result of improper installation, use, storage of goods purchased from the seller.

7.2. The seller is not responsible for the improper, untimely execution of orders and his or her obligations in the case of providing unreliable or false information by the buyer.

7.3. The seller and the buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The seller or buyer shall be exempted from liability for complete or partial failure to fulfill their obligations, if non-fulfillment is a consequence of force majeure as: war or hostilities, earthquake, flood, fire and other natural disasters that have arisen regardless of the will of the seller and / or buyer. The party that cannot fulfill its obligations immediately announces the other party.

8. Privacy and personal data protection.

8.1. By providing their personal data on the website of the online store when registering or placing an order, the buyer gives the seller his voluntary consent for the processing, use (including transfer) of his personal data, as well as committing other actions provided by the Law of Ukraine "On Protection of Personal Data", without limiting the validity of such consent.

8.2. The seller undertakes not to disclose the information received from the buyer. It is not considered a violation of the provision of information by the seller to counterparties and third parties acting on the basis of the contract with the seller, including for the fulfillment of obligations to the buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

8.3. The buyer is responsible for maintaining their personal data. The seller is not responsible for the poor performance or failure to fulfill his obligations in connection with the inaccuracies of the buyer's information or the inconsistency of its reality.


9. Other conditions

9.1. This agreement is concluded in the territory of Ukraine and operates in accordance with the current legislation of Ukraine.

9.2. All disputes that arise between the buyer and the seller are resolved through negotiations. In case of failure to settle the disputed issue by negotiation, the buyer and/or the seller have the right to apply for the resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.

9.3. The seller has the right to amend this Agreement unilaterally provided for in paragraph 5.2.1. Contract. In addition, changes to the contract may also be made by mutual consent of the parties in accordance with the procedure stipulated by the current legislation of Ukraine.


Seller's address and details:

FOP Leonova Lesya Vladimirovna

Identification code 2965108484

79019 Lviv, str. Zamarstynivska, 120

Tel. 0967164931

            R/p UA613253210000026004053823105

            ZKPO 2965108484

            Western Group of JSC PrivatBank

            MFI Bank 325321