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Public Offer

Distance Purchase Agreement | Effective from the date of publication at alayaswim.com

This Purchase and Sale Agreement (hereinafter — the Agreement) is a public contract concluded at a distance, and simultaneously a public offer — the Seller's proposal to enter into a public purchase and sale agreement for Goods by means of remote communication, i.e. through the Seller's online store: https://alayaswim.com/ with any interested person in accordance with the terms set out in this Agreement.

1. TERMS AND DEFINITIONS. GENERAL PROVISIONS

1.1 The terms and definitions used in this Agreement have the following meanings:

Seller —

Individual Entrepreneur Yarovyi Dmytro Valentynovych, record in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations No. 2 072 000 0000 048330 dated 18.07.2019, taxpayer identification number 3291300336, registered address: Ukraine, city Kyiv, street Kramskoho Ivana, build 9, fl 7.

Buyer —

any legally capable individual aged eighteen or over, legal entity, or individual entrepreneur who intends to place and/or places an order on the Website for the purpose of purchasing Goods.

Goods —

the list of products published on the Website, which is offered for distance sale through the Seller's online store under the terms of this Agreement.

Order —

a duly completed and submitted request by the Buyer via the Website for the purchase of selected Goods.

Material Defect —

a defect that makes it impossible or unacceptable to use the Goods for their intended purpose, arose due to the fault of the manufacturer (seller), reappears after elimination for reasons beyond the Buyer's control, and has at least one of the following characteristics:

  • a) it cannot be eliminated at all;
  • b) its elimination requires more than fourteen calendar days;
  • c) it makes the Goods materially different from what is stipulated in the Agreement.

1.2 This Agreement is a public contract in accordance with Article 633 of the Civil Code of Ukraine, the terms of which are established equally for all Buyers.

1.3 This Agreement is published on the Website and constitutes a public offer in accordance with Civil Code of Ukraine.

1.4 This Agreement is an adhesion contract, meaning it may only be concluded by the Buyer joining the proposed agreement in its entirety. The Buyer may not propose their own terms.

1.5 The Seller ensures availability of the Goods offered for sale. Information about the Goods on the Website, including photographs, may differ from the actual appearance of the Goods. Descriptions and specifications may not be exhaustive and may contain typographical errors. The Buyer may obtain full information about the Goods by contacting the Seller via the contact details published on the Website.

1.6 The price of the Goods and delivery cost are indicated on the Website in the relevant sections and are also displayed during checkout and in the order confirmation email.

1.7 By entering into the Agreement, the Buyer confirms full acquaintance with and agreement to its terms and, if the Buyer is an individual, gives consent to the processing of their personal data for the purpose of fulfilling the Agreement, making settlements, and receiving invoices and other documents. This consent remains valid for the entire duration of the Agreement.

1.8 This Agreement is deemed concluded from the moment the Buyer places an Order in accordance with Section 4 of this Agreement.

1.9. By submitting a review, testimonial, or any other feedback through our website, email, or any communication channel associated with ALAYASWIM, you grant ALAYASWIM a perpetual, worldwide, royalty-free license to use, reproduce, publish, and display your content — including your name and any photos submitted — for any purpose, including marketing and advertising, without additional compensation or prior notice.

2. SUBJECT MATTER 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 Ownership of the Goods passes to the Buyer at the moment of acceptance of the Goods by the Buyer under the conditions established by this Agreement.

2.3 The Seller warrants that the Goods are not pledged, not subject to any dispute, not under arrest, and are free from any third-party rights.

2.4 The Seller and the Buyer confirm that this Agreement is not a fictitious, sham transaction, or a transaction made under duress or deception.

3. ACCEPTANCE OF THE OFFER

3.1 The Buyer's acceptance of the offer to enter into this Agreement is effected by placing an Order for Goods in the online store under the terms set out in this Agreement.

4. ORDER PLACEMENT

4.1 The Buyer independently selects Goods on the Website and adds them to the Shopping Cart by clicking the Add to Cart button.

4.2 After clicking the Proceed to Checkout button, the Buyer fills in the Order form, providing their name, surname, email, phone number, delivery address, payment method, delivery method, and any other details required for the Seller to fulfil its obligations under the Agreement.

4.3 By clicking the Confirm Order button, the Buyer agrees to all terms of this Agreement and confirms receipt of complete information about the Goods, their main characteristics, price, delivery cost, and delivery terms.

4.4 The Order is deemed placed upon completion of the actions set out in clauses 4.1 and 4.2 of this Agreement and clicking the Confirm Order button.

5. ORDER PROCESSING AND CONFIRMATION

5.1 The Seller processes and confirms the Order within 2–4 business days from the moment of placement. During peak periods, processing may take up to 10 business days.

5.2 The Seller confirms the Order by sending the Buyer an email to the address provided at checkout, stating the main characteristics of the Goods, the Order number, price, quantity, delivery cost, estimated delivery time, and a link to this Agreement.

5.3 If a confirmed Order cannot be fulfilled due to unavailability of the ordered Goods, the Seller shall notify the Buyer immediately, but no later than 30 (thirty) days from the date of the Order.

6. PRICE AND PAYMENT

6.1 The price of each item of Goods is indicated on the Website separately and includes applicable taxes.

6.2 All prices are stated in the national currency of Ukraine — the hryvnia. Prices may also be displayed in US dollars or another foreign currency; however, all payments are made in hryvnia. Due to fluctuations in the exchange rate set by the National Bank of Ukraine, the actual amount debited from the Buyer's account in foreign currency may differ from the price displayed on the Website. All costs related to currency conversion fees and charges are borne by the Buyer.

6.3 Payment for Goods is made by non-cash means using bank cards in accordance with the rules of the relevant payment system.

6.4 Payment by bank card is made immediately upon the Buyer's selection of the Goods.

7. DELIVERY TERMS, COST AND CONDITIONS

7.1 Delivery of Goods is carried out within Ukraine by the Seller directly or through third parties (delivery services, transport companies, etc., at the Seller's discretion).

7.2 Delivery within Ukraine is free of charge for the Buyer.

7.3 If the selected Goods are in stock, delivery is carried out within 1–2 business days from the date of the Order placement in accordance with Section 4 of this Agreement.

7.4 Regardless of the delivery method chosen, the Seller's delivery obligations are deemed fully fulfilled upon transfer of the Goods to the transport company or courier.

8. ACCEPTANCE OF GOODS

8.1 Acceptance of Goods is carried out by the Buyer at the time of delivery. Goods are transferred to the Buyer upon full payment of their cost.

8.2 Upon receipt, the Buyer must inspect the outer integrity of the packaging, then open it and verify the proper external condition of the Goods (absence of mechanical damage) and completeness of contents.

8.3 If the Buyer has no objections to the quality and completeness of the Goods, the Buyer is obliged to accept them.

8.4 The Seller shall provide the Buyer with a payment document confirming the purchase together with the Goods.

8.5 Goods are transferred to the Buyer upon presentation of an identity document by the recipient.

9. RETURNS AND EXCHANGES. TERMINATION OF AGREEMENT

9.1 Goods listed in Annex No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated 19 March 1994 No. 172 as not subject to exchange and/or return (including underwear, swimwear, hosiery, and others) may not be returned or exchanged once the packaging has been opened.

9.2 The Seller undertakes to reimburse the Buyer's costs in connection with the return of Goods with material defects.

9.3 In the event of termination of the Agreement and return of Goods already paid for by non-cash means, the Seller shall refund the amount paid within 7 (seven) business days from the date of return of the Goods.

10. GIFT CERTIFICATES

10.1 Gift Certificates may only be used for a single transaction and may not be split across multiple purchases or redeemed for smaller amounts. The full value of the Gift Certificate must be used in one purchase.

10.2 If the purchase amount paid with a Gift Certificate is less than its face value, the remaining balance is forfeited. No refund, store credit, or cash equivalent will be issued for unused portions of a Gift Certificate.

10.3 Gift Certificates are valid for the period indicated at the time of purchase or as required by applicable law. Expired Gift Certificates may not be used, returned, or exchanged and cannot be converted to cash or credit.

10.4 The Seller reserves the right to modify the terms of Gift Certificates at any time without prior notice. All changes take effect immediately upon publication on the Website.

11. WARRANTY OBLIGATIONS

11.1 The Seller warrants that the Goods comply with the applicable state standards and/or technical specifications of Ukraine governing the relevant type of Goods.

11.2 The Seller is not liable for defects in the Goods that arise after their transfer to the Buyer as a result of the Buyer's failure to follow the rules of use (care instructions) or storage of the Goods, actions of third parties, or force majeure circumstances.

12. CLAIMS PROCEDURE

12.1 If the Buyer has any claims regarding purchased Goods, the Buyer may contact the Seller by sending an email to the address published on the Website.

12.2 Claims are reviewed within 10 (ten) business days from the date of receipt.

13. VALIDITY OF THE PUBLIC OFFER

13.1 This Public Offer is valid from the moment of its publication on the Website and is automatically renewed each subsequent year.

13.2 The Seller may withdraw this Public Offer at any time; such withdrawal does not constitute grounds for termination of Agreements already concluded.

13.3 The Seller reserves the right to unilaterally amend this Agreement by publishing the updated version on the Website. Amendments do not apply to Agreements concluded prior to the publication of such amendments.

14. LIABILITY OF THE PARTIES

14.1 The Parties are liable for non-performance or improper performance of the terms of this Agreement in accordance with the Agreement and applicable Ukrainian law.

14.2 In the event of force majeure circumstances, the Parties are released from their obligations under this Agreement. Force majeure refers to extraordinary, unavoidable, and unforeseeable events that prevent or objectively hinder the performance of this Agreement and which the Parties could not have foreseen or prevented by reasonable measures.

14.3 The Party invoking force majeure must notify the other Party of such circumstances in a timely manner.

15. PERSONAL DATA PROCESSING POLICY

15.1 The Buyer consents to the processing of their personal data by the Seller in accordance with the Law of Ukraine On Personal Data Protection and agrees to the use of personal data for the performance of this Agreement, including for the purposes of settlements, delivery of goods, and provision of information.

15.2 The Buyer's personal data is processed by the Seller only to the extent necessary for the performance of this Agreement and other lawful purposes.

15.3 The Privacy Policy regarding the collection, processing and protection of personal data is available on the Seller's official Website at: https://alayaswim.com/policies/privacy-policy

16. SELLER'S DETAILS

Individual Entrepreneur Yarovyi Dmytro Valentynovych

Taxpayer Identification Number: 3291300336

Registered address: Ukraine, Kyiv, Ivan Kramskyi Street, 9, Apt. 7

By placing an order, the customer confirms full and unconditional acceptance of the terms of this Public Offer Agreement.