Terms & Conditions

GENERAL TERMS AND CONDITIONS

 

Last Updated 22 January 2020  



  1.   Agreement to Terms

 

1.1.   These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (hereinafter - you), and Passion Craft Store, located at 236 Blagovisna Str., apt. 26, Cherkasy, Ukraine, 18036 (hereinafter - we, us), concerning your access to and use of the Passion Craft Store (https://passioncraftstore.com) website as well as any related applications (hereinafter - the Site).  

 

The Site provides the following services: Online marketplace that sells handmade BDSM gear. (hereinafter - Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.  

 

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.  

 

1.2.   The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.  

 

1.3.   We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.  

 

1.4.   We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.  

 

1.5.   The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.   

 

1.6.   The Site is intended for users who are at least 18 years old.  If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission. 

 

1.7.   Additional policies which also apply to your use of the Site include our Privacy Policy https://passioncraftstore.com/privacy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate. 

 

  1.   Acceptable Use

 

2.1.   You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  

 

2.2.   As a user of this Site, you agree not to:    

  • Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us  
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses  
  • Use a buying agent or purchasing agent to make purchases on the Site  
  • Use the Site to advertise or sell goods and services  
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use  
  • Engage in unauthorized framing of or linking to the Site  
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords  
  • Make improper use of our support services, or submit false reports of abuse or misconduct  
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools  
  • Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site  
  • Attempt to impersonate another user or person, or use the username of another user  
  • Sell or otherwise transfer your profile  
  • Use any information obtained from the Site in order to harass, abuse, or harm another person  
  • Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise  
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site  
  • Attempt to access any portions of the Site that you are restricted from accessing  
  • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users  
  • Delete the copyright or other proprietary rights notice from any of the content  
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code  
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism  
  • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools  
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site  
  • Use the Site in a manner inconsistent with any applicable laws or regulations  
  • Threaten users with negative feedback or offering services solely to give positive feedback to users  
  • Misrepresent experience, skills, or information about a User  
  • Advertise products or services not intended by us 
  • Falsely imply a relationship with us or another company with whom you do not have a relationship.    

 

  1.   Our content

 

3.1.   Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws.   

 

3.2.   Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

 

3.3.   Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.   

 

3.4.   You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded. 

 

3.5.   We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.  

 

3.6.   The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.  

 

3.7.   Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.   

 

  1.   Link to third party content

 

4.1.   The Site may contain links to websites or applications operated by third parties.We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.

 

4.2.   We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.     

 

  1.   Site Management 

 

5.1.   We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.  

 

5.2.   We do not guarantee that the Site will be secure or free from bugs or viruses. 

 

5.3.   You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.  

 

  1.   Modifications to and availability of the Site

 

6.1.   We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.    

 

6.2.   We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases. 

 

6.3.   There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.  

 

  1.   Disclaimer/Limitation of Liability

 

7.1.   The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.  

 

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control. 

 

7.2.   Our responsibility for loss or damage suffered by you: 

 

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.  

 

If you are a consumer user:

  • Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.   
  • You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.     

 

  1.   Term and Termination

 

8.1.   These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at passioncraftstore@gmail.com.  

 

8.2.   Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.  

 

8.3.   If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.   

  

  1.   General      

 

9.1.   Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  

 

9.2.   These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.   

 

9.3.   Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.   

 

9.4.   We may assign any or all of our rights and obligations to others at any time.   

 

9.5.   We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.   

 

9.6.   If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.  

 

9.7.   There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services. 



————————————————————————————————————————-

 

TERMS AND CONDITIONS OF SUPPLY

 

Last Updated 22 January 2020  



  1.   Definitions

 

In these Terms and Conditions, the following terms shall have the following meanings:

Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;

Reflection period (cooling-off period): the period during which the Consumer may use his right of withdrawal;

Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;

Day: calendar day;

Digital content: data produced and delivered in digital form;

Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;

Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.

Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;

Entrepreneur: the natural of legal person who is a member of Passion Craft Store and who provides products, (access to) digital content and or services to Consumers at a distance;

Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;

Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.

 

  1.   Identity of the entrepreneur

 

Name entrepreneur: Passion Craft Store

 

Address:

236 Blagovisna Str., apt. 26

Cherkasy

Ukraine

18036

 

E-mail address: passioncraftstore@gmail.com

 

  1.   Applicability

 

3.1.   These Terms and Conditions of Supply apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.

 

3.2.   Before concluding a distance contract, the Entrepreneur shall make the text of these Terms and Conditions of Supply available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the Terms and Conditions of Supply can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.

 

3.3.   If the distance contract is concluded electronically, the text of these Terms and Conditions of Supply, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the Terms and Conditions of Supply can be viewed electronically and that they will be sent to at the Consumer's request free of charge, either via electronic means or otherwise, before concluding the distance contract;

 

3.4.   In the event that specific product or service condition apply in addition to these Terms and Conditions of Supply, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.

 

3.5.   Situations that are not regulated in these Terms and Conditions of Supply must be assessed “in the spirit” of these Terms and Conditions of Supply.

 

3.6.   Lack of clarity about the explanation or content of one or more provisions of our terms and conditions, should be explained 'in the spirit' of these terms and conditions.  

 

  1.   The offer

 

4.1.   If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

 

4.2.   The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

 

4.3.   The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications and information in the offer are indicative and can not lead to compensation or dissolution of the agreement. Images with products are a true reflection of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the real colors of the products.

 

4.4.   Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in the

special:

  • the price including taxes;
  • the possible costs of shipping;
  • the way in which the contract will be concluded and which actions are necessary for this, whether or not the right of withdrawal applies;
  • the method of payment, delivery and execution of the agreement;
  • the period for accepting the offer or the period within which the entrepreneur guarantees the price;
  • the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
  • whether the agreement is filed after the conclusion and, if so, how it can be consulted by the consumer;
  • the way in which the consumer, prior to concluding the contract, can check the data provided by him under the contract and repair it if necessary;

Optional: available sizes, colors, type of materials.

 

  1.   The contract

 

5.1.   Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.

 

5.2.   If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.

 

5.3.   If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.

 

5.4.   The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.

 

5.5.   Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

  1.   Right of withdrawal

 

6.1.   In case of products:

The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).

 

6.2.   The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or 

  • if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. The Entrepreneur may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process
  • in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part
  • in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.

 

6.3.   During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

 

6.4.   When the consumer wishes to make use of his right of withdrawal he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of sending an email to passioncraftstore@gmail.com. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.

 

6.5.   If the customer has not made it known that he wishes to make use of his right of withdrawal or withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3. the product has not been returned to the entrepreneur, the purchase is a fact.

 

  1.   Cancellation policy

 

Orders may be cancelled by the customer within 24hrs of order being placed and no later by emailing us at passioncraftstore@gmail.com.

 

  1.   Consumer’s obligations during the time of reflection

 

8.1.   During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.

 

8.2.   The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.

 

8.3.   The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.

 

  1.   Exercising the Customer’s right of withdrawal and the costs

 

9.1.   If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously writing us to passioncraftstore@gmail.com within the period of reflection.

 

9.2.   The Consumer shall return the product or deliver it to the Entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.

 

9.3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.

 

9.4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.

 

9.5.   The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Consumer has to bear these costs or if the Entrepreneur pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.

 

9.6.   If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.

 

  1.   Entrepreneur's obligations in case of withdrawal 

 

10.1.   If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.

 

10.2.   The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.

 

10.3.   The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.

 

10.4.   If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the additional costs for the more expensive method.  

 

  1.   Exclusion of right of withdrawal

 

11.1.   The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

 

11.2.   Exclusion of the right of withdrawal is only possible for products:

  • which have been created by the entrepreneur in accordance with the consumer's specifications;
  • that are clearly personal in nature;
  • which can not be returned due to their nature;
  • that can spoil or age quickly;
  • the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
  • for loose newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal.
  • for hygienic products of which the consumer has broken the seal.

 

  1.   The price

 

12.1.   The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.

 

12.2.   All prices indicated in the provision of products or services are including VAT.

 

12.3.   All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

 

  1.   Conformity and Guarantee

 

13.1.   The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions existing on the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

 

13.2.   A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

 

13.3.   Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.

 

13.4.   The entrepreneur's warranty period corresponds to the manufacturer's warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

 

13.5.   The guarantee does not apply if:

  • The consumer has repaired the delivered products himself and/or processed or has third parties repaired and/or processed;
  • The delivered products are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the entrepreneur and/or the packaging are treated;
  • The inadequacy in whole or in part is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.

 

  1.   Delivery and execution

 

14.1.   The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

 

14.2.   The place of delivery is the address that the consumer has made known to the company.

 

14.3.   With due observance of the provisions in paragraph 5 of this article, the company will ship accepted orders expeditiously but no later than in 30 days, unless the consumer has agreed to a longer processing period. If the processing is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.

 

14.4.   All estimated shipping times are indicated at https://passioncraftstore.com/delivery

 

14.5.   All processing and delivery terms are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.

 

14.6.   In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.

 

14.7.   If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of the entrepreneur.

 

14.8.   The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.

 

  1.   Complaints procedure

 

15.1.   The Entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.

 

15.2.   Complaints shall be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer discovered the defects.

 

15.3.   The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.

 

15.4.   If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.

 

  1.   Disputes

 

Contracts between the entrepreneur and the consumer to which these Terms and Conditions of Supply apply are governed exclusively by the Ukrainian law. Even if the consumer lives abroad.

 

  1.   Additional or deviating provisions

 

Additional provisions or deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

 

  1.   Absolute disclaimer of liability

 

The purchaser acknowledges that Passion Craft Store and https://passioncraftstore.com has no control of the application, suitability or skills of the end user on any product that Passion Craft Store and https://passioncraftstore.com offers. The obligation to use the product responsibly rests solely on the user and the user assumes full risk of all personal property and/or injury (including economic, personal injury, and/or injury resulting to third parties), damage and/or loss direct or indirect arising from the use, misuse or failure to determine the appropriate use of any Passion Craft Store and https://passioncraftstore.com product. No product made by/for Passion Craft Store and https://passioncraftstore.com is to be used for safety or institutional applications. All items are sold as novelty only and Passion Craft Store and https://passioncraftstore.com makes no warranties as to fitness of purpose other than for novelty use. Any and all claims, actions, suits or disputes relating to the sale of, or resulting from the use (appropriate or otherwise), of Passion Craft Store and https://passioncraftstore.com products (including without limitation any and all claims by end users or third parties) are governed exclusively by the Ukrainian laws. All logos, trademarks and images in this website are the sole property of Passion Craft Store and https://passioncraftstore.com.