Terms and definitions
User– a natural person who has visited at least one page on www.lislis.toys/en.
Customer – any capable individual of over 18 years old, a User of the web site who has accepted the terms of this Public offer agreement while placing an Order.
Buyer – a User who has placed and paid for the Order on www.lislis.toys/en. and received the ordered Goods.
Seller – PPV Knowledge Networks LLC, with its registered seat at 3 Rizbyarska str. apt4, Lviv, Ukraine, 79008.
On-line/internet shop – Seller’s website located on the Internet at the following address: www.lislis.toys/en with the list of Goods (catalogue), terms and conditions of purchase and delivery
Website - www.lislis.toys/en
Order - is a request for the purchase and delivery of Goods properly created by the Buyer on the Website, that assigns the chosen Goods to a particular natural person (or persons), and which is confirmed and accepted by the Seller.
Goods – wooden toys and other products available for sale on the Website.
Parties – shall mean the Seller and Customer/Buyer.
1. General provisions
1.1. This Agreement is made between PPV Knowledge Networks LLC – hereinafter referred to as a Seller and a User/ Customer without prior registration or authorization.
1.2. By placing the Orders through the On-line shop the User agrees to the terms and conditions set forth below. In case of disagreement, the User shall discontinue use of the Website.
1.3. This offer is a public one, and – as provided with the articles 633, 641 of the Civil Code of Ukraine – the terms contained herein are similar for all Customers/Buyers; unconditional acceptance of its terms (payment in any manner in accordance with the part 2 article 642 of the Civil Code of Ukraine) shall be regarded as acceptance of this Offer (hereinafter referred to as the Agreement) by the Customer/buyer and the Seller, and the Agreement shall be automatically regarded as concluded.
1.4. E-contract shall be deemed to have been made by accepting by the Buyer of an offer of the Seller.
1.5. In order to accept an offer the Buyer shall identify himself (herself) in the system and select of ‘Agree’ option in the System dialog window, which offers to accept the terms of this Agreement.
1.6. In accordance with p.6 art. 11 of the Electronic Commerce Law the e-contract shall be deemed valid upon offer acceptance or upon Order confirmation if the Buyer has skipped authorization on the Website.
1.7. This Public offer agreement may be changed by the Seller unilaterally without any prior notification to the User /Customer/Buyer. The amended version of the Agreement shall enter into force upon its posting on Website unless otherwise provided by the terms hereof. The current version of Agreement can be found on www.lislis.toys/en/public-offer
2. Subject matter of the Agreement
2.1. The Seller in accordance with this Agreement shall provide to the Customer the possibility to order and to pay for the Goods for personal, family, household or other uses not related to entrepreneurial activity. The list of Goods is available on www.lislis.toys/en/shop. The Seller is also obliged to deliver the Goods to the Buyer. The Buyer undertakes to accept and pay for the Goods in the manner and time specified in the Agreement.
2.2. This Agreement shall apply to all types of Goods and services while it is present in the catalogue on www.lislis.toys/en.
3. Goods and terms of purchase
3.1. The Seller shall provide the Goods in his warehouse. The pictures of the Goods presented on the website www.lislis.toys/en are for reference only and cannot fully convey reliable information about specific properties and characteristics of the Goods. Following descriptions don’t provide comprehensive information on the Goods. For further information the Customer/ Buyer shall contact the Seller via firstname.lastname@example.org.
3.2. In case of the absence of the ordered Goods at the Seller's warehouse, the Seller is entitled to exclude the specified goods from the Buyer's order or to cancel the Order and notify the Buyer.
3.3. The Buyer shall be solely responsible for providing false or inaccurate information which resulted in impossibility of proper performance of the Seller’s obligations.
3.4. After the Order is placed the Seller will send an e-mail to confirm the Order. The Seller will provide the information on estimated time of delivery, the invoice number. The manager may specify the details of the Order; confirm the delivery date which depends on availability of ordered Goods at the Seller's warehouse and the time required to process the Order.
3.5. If the Seller can’t contact the Buyer for 3 working days in a row the Order will be deemed canceled.
3.6. The Seller provides information on the expected date of transfer orders to the delivery service. The Seller will make every effort to comply with the terms of delivery specified on the site; however, delays in delivery are possible due to unforeseen circumstances.
3.7. All relevant communication between User/Customers/Buyer and the Seller shall be in a proper manner and with all due respect, avoiding abusive words, threats.
4.1. The delivery is carried out by Nova Poshta International or any other delivery service listed on www.lislis.toys/en. Delivery methods are indicated on the Website in the section "Terms of purchase and delivery".
4.2. Delays in delivery are possible due to unforeseen circumstances occurring through no fault of the Seller.
4.3. The orders are transferred to delivery service from 10:00 till 16:00 the day after the Order was confirmed. The Buyer can track the delivery using the tracking number (invoice number). The Goods ordered abroad are delivered by courier to Buyer’s address.
4.4. The Seller is not responsible for the payment of taxes and other fees of a country of the Buyer. All taxes and fees related to the purchase and their delivery to the Buyer must be paid by the Buyer.
4.5. The Order is delivered to the Buyer or the person indicated as the recipient.
4.6. When receiving the goods Buyer/Recipient should check its appearance and packaging, the number of items in the order, completeness, and assortment. When the courier delivers the goods, the Buyer / Recipient puts his signature on the receipt of delivery. By signing of the receipt the Buyer confirms that the delivery services are properly provided, and there are no claims to the appearance of the goods.
4.7. The risk of accidental loss or damage of the goods passes to the Buyer from the moment of transferring the goods and the receiving the Order by the Buyer.
4.8. In the case of non-delivery of the goods through a Buyer’s fault and due to reasons beyond the control of the Seller and/or Delivery Service, the cost of delivery is not refunded.
4.9. The Buyer understands and agrees that delivery is a service connected with the purchase of Goods. The delivery as a service is properly provided in a moment of receiving of the Goods. All issues related to the quality of the Goods are subject to the Law of Ukraine On Protection of Consumer’s rights. The delivery costs are not refunded in any case.
5.1. The prices are indicated in USD. The total cost of the order consists of the cost of the Goods ordered by the Buyer and the cost of delivery.
5.2. In the event of an incorrectly specified price of the goods ordered by the Buyer the Seller contacts the Buyer as soon as possible to inform the Buyer and confirm the Order with the corrected price or cancelling the Order. If it is unable to contact the Buyer, the Order is canceled.
5.3. The price of the Goods presented on the website may be changed by the Seller at any time with any reason. The price of the already ordered Goods by the Buyer cannot be changed.
5.4. Buyer pays for the order in any available and desired way at online store. Payment methods are listed on the website under "Terms of the purchase and delivery".
5.5. The Seller is entitled to offer discounts and introduce loyalty programs. Types of discounts and other conditions are available on the Website and can be changed at any time by the Seller unilaterally.
6. Terms of returns and refunds
6.1. The return of the Goods is performed in accordance with the terms specified in the section “Returns” on www.lislis.toys/en.
6.2. The Buyer shall have the right to exchange/return goods, if the Goods have not satisfied him/her with its form, dimension, fashion, color or size, or if he/she cannot use it for its designated purpose for some other reason. The Buyer can exchange goods of proper quality within fourteen days exclusive of the day of purchase in accordance with art. 9 of the Law of Ukraine on Protection of Consumer’s rights.
6.3. Exchange of Goods shall be carried out if the marketable appearance of the Goods has been preserved. The Buyer shall submit a free-format claim for return and send the Goods at his/her cost to the Buyer by Nova Poshta Inernational, depot #54 at 2 Rusovykh str. Lviv, Ukraine 79013
6.4. Return of Goods of proper quality:
6.4.1. The received Good differs from the ordered and purchased;
6.4.2. The return shall be carried out if the Goods have not been used and provided that their marketable appearance, consumer properties, stamps and labels have been preserved and the Buyer has a document (cash or sales receipt) confirming the fact of purchase.
6.4.3. In accordance with p.6.4.1. hereof The Seller refunds the cost of the Goods within 30 days after receiving the Goods along with a claim for refund in a due form.
6.4.4. The refund is due to the Buyer exclusively. The copy of national passport (ID), individual tax number and the receipt may be required to transfer the refund. If the Seller can’t identify the Buyer or the Buyer has not provided the required documents the Seller shall be entitled to dismiss refund.
6.4.5. If, at the moment of exchange, there are no similar goods available, the Buyer shall have the right to purchase any other goods from the available range with appropriate cost recalculation, or terminate the agreement and have his/her money back in the amount equal to the cost of the goods returned.
6.5. Return of goods of improper quality:
6.5.1. The improper quality of Goods shall mean that the Goods are broken, can’t function accordingly, has any manufacturing defects such as: nicks, break-outs, rottenness, edge knots, glue traces, improperly attached items, the geometrical parameters of the similar elements vary, wood moisture content is higher than 12%.
6.5.2. The Goods have any elements that differ from the appearance of Goods presented on the Website.
6.5.3. In case any defects were discovered the Buyer shall notify the Seller within 2 working days and agree on exchange or return of the Goods.
6.5.4. The Buyer should check appearance, the number of items in the order, completeness, and assortment when receiving the Goods.
6.5.5. Upon receiving of the Goods the Seller shall not be liable for the appearance defects, amount of Goods, completeness.
6.5.6.The refund is executed by the means of bank transfer or by any other means in accordance with current legislation of Ukraine.
7.1. The Seller is not liable for any damages caused by the improper use of the Goods.
7.2. The Seller is not responsible for the content or the verity of the information specified by the Customer when ordering.
7.3. The Seller shall not be liable for the adequacy of information provided while placing Order. Failure to provide the requested information or providing false information can result in suspension of the purchase process. It is understood that the Seller is not liable for any damages caused as a result of mentioned above.
7.4. If delivery is delayed due to unforeseen circumstances, the Seller shall have no liability to the Buyer.
7.5. The Seller shall not bear any responsibility for the damages of the Goods caused during delivery.
7.6. The Seller is not liable for any pecuniary and non-pecuniary damages caused by the misunderstanding of this Public offer agreement, its terms and conditions, or by the misinterpretation of the Goods usage.
7.7. The Seller shall not be liable for any failure of the Goods to meet the expectations of the Buyer. Seller’s recommendations cannot be considered a guarantee.
7.8. The Seller is not liable for any defects of the Goods caused by misuse or if the manual is not followed, by the acts of third persons or force majeure.
7.9. For failure or improper fulfillment of obligations under this Agreement, the parties shall bear responsibility in accordance with Ukrainian laws.
7.10. The Parties shall not be liable for the full or partial failure to perform its obligations under this Agreement if it has been caused by an accident or force majeure. The Parties refer to the following conditions in particular: circumstances caused by exceptional weather conditions and natural disasters, actions or orders of any state authority, the threat of war, armed conflict or serious threat of the conflict as well as the circumstances related to the aftermath caused by exceptional weather conditions and unforeseen situations or other circumstances beyond the reasonable control of the parties.
7.11. In the event of force majeure the Party claiming force majeure shall notify the other Party within 5 calendar days of the above mentioned circumstances by placing a relevant warning on the Website or sending an email.
7.12. All disputable issues arising out of this Agreement or in connection with the performance hereunder shall be settled by the Parties through negotiation.
8. Personal Data Protection
8.1. Personal data is processed according to the Law of Ukraine On Personal Data Protection. Personal data is collected with the sole purpose of compliance with the legislation requirements in the areas of taxation, advertising, financial accounting.
8.2. When ordering the Customer provides the following information: name, surname, e-mail, phone number, address.
8.3. The Buyer is obliged to provide the accurate and relevant personal data.
8.4. By providing his/her personal data the Customer agrees to its processing also for the purpose of promotion of Seller’s Goods and services.
8.5. The Customer agreed on the processing of all provided personal data, on putting this data into the database; gave consent to the processing and cross-border transfer of personal data if it is required by the terms and conditions of use of the Website; consented to the transfer of personal data to third parties with the purpose to comply with the requirements of the obligations under this Agreement; and consented to the collection and storage of personal data for an indefinite period. The Seller shall protect Customer’s personal data from any unauthorized access, shall not disclose personal data to any third parties (excluding affiliated persons and entities, business partners or on request of state authorities).
8.6. The Seller uses Customer’s personal data for:
- Fulfillment of his obligations under this Agreement
- Order confirmation
- Delivery of goods
- Assessment and analysis of the Website
- Identification of the winner of promotion activities carried out by the Seller.
- The Seller may send promotional messages to the Buyer via email with his/her consent.
8.7. When ordering the Customer may refuse from receiving promotional materials. Service messages which inform the Customer on the status of the Order are sent automatically and can’t be declined.
8.9. The Seller obtains information on the IP address of the User/Customer. This information will not be used to identify a person.
8.10. The Seller disclaims all liability for the information publicly provided by the Buyer on the Website.
8.11. The Seller may record phone conversations with the Customer. Herewith the Seller undertakes to secure the information from unauthorized access and from its disclosure to the third parties in accordance with the Law of Ukraine On information protection in information and telecommunication systems.
9.1. The Seller can assign his rights and obligations under this Agreement to any third party.
9.2. All text information and graphics featured on the website is the property of the Seller or its vendors.
9.3. The access to the Website may be limited or unavailable due to the technical reasons. The Customers may be notified by placing a relevant message on Website.
9.4. All Customers’ complaints shall be disclosed to the Buyer by phone or any other means. Disputes that may arise out of this Agreement shall be settled by means of negotiations. In case of failure, the dispute is settled in court in accordance with the Ukrainian legislation.
9.5. In the event that any of this Agreement is held invalid by any Court, such provision shall be deemed to be deleted from this agreement and the validity of the remainder of this Agreement shall remain unaffected thereby.
9.6. The Ukrainian legislation shall apply to the relations of the Parties hereof.
10. The term of Agreement. Termination
10.1. The Agreement shall enter into force from the date of acceptance of the offer and is valid until the Parties obligations are fulfilled unless the Agreement is early terminated.
10.2. This Agreement may be earlier terminated by mutual written agreement of the Parties.
10.3. Each party has a right to unilaterally terminate this Agreement following event of default.