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Terms & Conditions
1. TERMS AND DEFINITIONS

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PUBLIC OFFER shall mean an offer to the public to enter into a Sales Agreement on the terms and conditions provided for by a public agreement, the terms and conditions of which are specified herein, in accordance with Article 641 of the Civil Code of Ukraine. PUBLIC AGREEMENT shall mean a sales agreement, under which the seller undertakes to sell goods to any purchaser upon the acceptance of the terms and conditions thereof by the purchaser in the manner stipulated herein in accordance with Article 633 of the Civil Code of Ukraine (hereinafter the “Agreement”). ACCEPTANCE shall mean purchaser’s actions aimed at the acceptance of the terms and conditions hereof. ONLINE STORE shall mean the official online store LACOSTE in Ukraine. WEBSITE shall mean a website of the online store at http://www.shop.lacoste.ua. SELLER shall mean RETEK LLC, identification number of a legal entity: 36049009, located at 17\52 “А” Bohdana Khmelnytskoho Str., Kyiv 01030, Ukraine, e-mail: e-store@lacoste.ua. PURCHASER shall mean a capable individual, who visits the Website, signs up on the Website and/or provides information, including personal data, to the Seller, enters or wishes to enter into the Sales Agreement posted on the Website with the Seller in accordance with the Public Offer. GOODS shall mean footwear, clothes, accessories and other items offered for sale on the Website. ORDER shall mean a properly executed application of the Purchaser to the Seller for the purchase of Goods through the Purchaser’s personal account on the Website. PERSONAL ACCOUNT shall mean a part of the Website in the form of a separate webpage containing information on the Purchaser, his/her orders, as well as other information required for the performance of the Agreement by the Parties. SIGN-UP shall mean provision of information on the Purchaser by the Purchaser to the Seller on the Website for the purpose of placement of orders and receipt from the Seller of a login and password to get access to the Purchaser’s personal account.
2. GENERAL PROVISIONS

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Terms and conditions set forth herein are the terms and conditions of the public Sales Agreement taking into account the provisions of Articles 12 and 13 of the Law of Ukraine “On the Consumer Rights Protection” (hereinafter the “Law”). Acceptance of the Agreement by the Purchaser shall mean checkout in accordance with the terms and conditions specified at the purchase on the Website. Confirmation of an Order by the Purchaser shall mean unconditional acceptance of the terms and conditions of the Agreement by the Purchaser. The Agreement shall be deemed executed upon checkout. The Seller may unilaterally amend the Agreement without a prior notice to the Purchaser. The updated Agreement shall enter into upon force upon being posted on the Website in the form of a Public Offer, whereupon any amendments shall be deemed brought to the Purchaser’s attention. A) The Agreement cannot be amended after the Seller accepts and confirms an Order and the Purchaser receives a message confirming acceptance of the Order.
3. SUBJECT MATTER OF THE AGREEMENT

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The subject matter hereof is purchase of Goods by the Purchaser in the Online Store. Terms and conditions of the Agreement apply to the entire range of Goods offered for sale on the Website. Title to Goods and related risks shall pass from the Seller to the Purchaser upon transfer of Goods. Passing of the title to Goods shall be confirmed by the Purchaser’s signature in a delivery note or other document provided by the Seller through the delivery service.
4. CHECKOUT

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Placing the first Order requires prior sign-up. The Seller shall not be liable for the accuracy of information provided by the Purchaser at sign-up and entailing his/her failure to receive ordered Goods. For the purposes of individual identification, the Purchaser shall be provided with a login and password upon sign-up. The Purchaser shall not transfer login and password to any third parties. The Purchaser shall be fully liable for any possible adverse effects in case of disclosure of his/her identification data received at sign-up. To place an Order, the Purchaser shall: A) Choose Goods on the Website by the item number, size, colour, price and quantity and add them to the cart clicking Add to Cart; B) Click Checkout in the popup box; C) Check characteristics of the chosen Goods in the opened page of the cart and in case everything meets the Purchaser’s requirements, click Checkout; D) Choose delivery terms and address in the opened page, taking into account that Goods shall be delivered at the expense of the Seller if the cost of ordered Goods at least UAH 1,500.00 (one thousand and five hundred hryvnias 00 kopecks); E) Choose payment method in the opened page; F)Confirm order in the opened page. Upon receipt of the Order from the Purchaser, the Seller shall process it. Representative of the Seller may contact the Purchaser by phone to confirm the Order. In case it is not possible to get confirmation from the Purchaser, the Seller may cancel the Order. Representative of the Seller shall notify the Purchaser if the Goods are out of stock or in case of other reason for failure to fulfil an Order by phone within 72 hours after placing the Order by the Purchaser on the Website. In such case, any rights and obligations of the Purchaser and the Seller related to the sale, delivery and transfer of ordered Goods to the Purchaser and payment thereof to the Seller stipulated herein shall be terminated, and cost of Goods paid by the Purchaser by a bank card online shall be refunded to the card, from which payment has been made. The Order shall be deemed accepted and the Agreement between the Purchaser and the Seller shall be deemed executed on the date the Seller e-mail to the Purchaser to the e-mail address specified at sign-up with a confirmation of the acceptance of an Order unless representative of the Seller has contacted the Purchaser pursuant to paragraph 4.7 hereof.
5. PAYMENT

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Prices for Goods specified on the Website shall be unilaterally determined by the Seller, do not include costs on the delivery of Goods to the Purchaser and cannot be disputed by the Purchaser. Prices for Goods and payment methods may be unilaterally changed by the Seller and shall enter into force upon being posted on the Website. This does not apply to any Orders already confirmed before entry of such changes into force. Prices for Goods include the value-added tax (VAT). The Purchaser may pay the cost of the ordered Goods as follows: A) By a bank card online. B) By wire transfer of funds to the Seller’s bank settlement account according to the following details: ___________ provided that the Order number is specified. The Purchaser shall pay for the Order within three banking days from the Order placement date. Otherwise, the Order shall be cancelled. 1. In case of payment for Goods by methods provided for by paragraphs 5.4.1 and 5.4.2 hereof, any commission fee of financial institutions for the wire transfer of funds for Goods shall be borne by the Purchaser at the rates of financial institutions, through which payment in favour of the Seller is made. C) In cash to an authorized representative of the Delivery Service/financial institution for the wire transfer to the Seller’s bank current account in accordance with the regulations determined by such financial institution. 1. In case of payment for Goods by methods provided for by paragraph 5.4.3 hereof, commission fee to a financial institution for the wire transfer of funds for Goods shall be borne by the Seller.
6. DELIVERY OF GOODS

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Upon acceptance of an Order by the Seller, Goods shall be transferred to a delivery service. Delivery shall be made by a delivery service determined by the Seller (hereinafter the “Delivery Service”). The Purchaser agrees that delivery is a separate service of the Delivery Service, which is not an integral part of Goods purchased by the Purchaser, the performance of which terminates upon receipt of Goods by the Purchaser and payment for them. Goods shall be delivered to the address specified by the Purchaser in the Order. The Purchaser may collect Goods him/herself in a representative office of the Delivery Service in his/her or nearest settlement with a representative office of the Delivery Service. The Purchaser shall notify the Seller of such representative office of the Delivery Service at the placing an Order. A) Order shall be delivered within 30 days from the date of the acceptance thereof for performance in accordance with paragraph 4.8 hereof. Cost of delivery of Goods shall be borne by the Seller in case the cost of ordered Goods is at least UAH 1,500.00 (one thousand and five hundred hryvnias 00 kopecks). Cost of delivery of Goods shall be borne by the Purchaser to the Delivery Service upon receipt of Goods in case the cost of ordered Goods is less than UAH 1,500.00 (one thousand and five hundred hryvnias 00 kopecks). Cost of delivery shall be calculated for each Order individually based on the specifications of Goods, delivery method and address on the basis of the rates of the Delivery Service. By accepting this Public Offer, the Purchaser agrees to the terms and conditions of cargo transportation rules of the Delivery Service. At the delivery of Goods, representative of the Delivery Service may to request from the Purchaser his/her identity document. At the receipt of Goods, the Purchaser shall check the integrity of packaging, as well as check Goods for conformity to the ordered item number, size, colour and quantity. Unless there are any claims related to the Goods, including to their appearance and completeness, the Purchaser shall sign the Seller’s delivery note confirming proper performance by the Seller of its obligations to transfer the Order to the Purchaser. Claims to the Goods arising after the delivery of the Order shall be considered in accordance with the provisions of the Law. Order shall be deemed fulfilled upon handing the Goods over to the Purchaser. Risk of accidental loss of or damage to Goods shall pass to the Purchaser upon transfer of Goods to him/her and execution by the Purchaser of the relevant delivery note. In case of the absence of the Purchaser at the delivery address specified by the Purchaser in the Order or in case of the Purchaser’s refusal to receive Goods for a justified reason or refusal to pass monetary funds for Goods to a representative of the Delivery Service/financial institution if the Purchaser has chosen the payment method “in cash to an authorized representative of the Delivery Service/financial institution” or failure to receive the Goods from a representative of the Delivery Service or in a representative office of the Delivery Service through no fault of the Delivery Service within 5 business days upon receipt of the Goods by a representative office of the Delivery Service chosen by the Purchaser and/or the nearest one to the delivery address, the Sales Agreement shall be terminated, and the Delivery Service shall return the Goods to the Seller. In such case, cost of the delivery and return of the Goods shall be borne by the Purchaser and shall be withheld from the amount the Purchaser has paid for the Goods in accordance with paragraphs 5.4.1 and 5.4.2 hereof. Remaining amount shall be returned to the Purchaser on the basis of his/her e-mail to e-store@lacoste.ua stating the Purchaser’s bank card number or settlement account, to which monetary funds shall be returned.
7. RETURN OF GOODS

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Goods shall be returned under below conditions and with return form Download RETURN FORM Return (exchange) of Goods of proper quality (Article 9 of the Law): A) The Purchaser is entitled to return or exchange Goods and terminate the Agreement within 14 calendar days upon receipt of the Goods excluding the date of receipt of the Goods. B) Goods may be returned (exchanged) unless they have been used and if they have preserved their marketable appearance, consumer properties, seals, labels, as well as settlement document issued to the consumer together with the Goods sold. C) Goods can be returned: 1. through the Delivery Service to RETEK LLC, 12 “A” Poliarna Str., Kyiv 04201, with the attachment of documents specified in the Return Policy section of the Website; 2. to a representative of the Delivery Service at the delivery of the next order if such delivery and such return are made within 14 days upon receipt of the returned Goods by the Purchaser. D) Goods on the List of Goods of Proper Quality Not Subject to Exchange (Return) specified in Appendix No. 3 to Decree of the Cabinet of Ministers of Ukraine No. 172 dated 19 March 1994 are not subject to return (exchange). E) Goods shall be returned at the expense of the Purchaser, unless otherwise determined by the Seller. Return (exchange) of Goods of improper quality (Article 8 of the Law): A) In case of detection of significant defects in returned Goods arising through the fault of the Goods manufacturer confirmed, if required, by a conclusion of examination, during the warranty period, the Seller shall, in the manner and within terms established by the laws, refund the amount paid for Goods to the Purchaser to the card or current bank account, from which payment for Goods has been made, or to the card or current bank account specified by the Purchaser in a claim for the return of Goods. B) “Significant defect in Goods” shall mean a defect that prevents or does not allow the use of the Goods in accordance with their intended purpose, arising through no fault of the manufacturer (Seller), reappearing after the elimination thereof for reasons beyond the Purchaser’s control and meets at least one of the following conditions: 1. it cannot be eliminated at all; 2. elimination thereof requires over fourteen calendar days; 3. it makes the Goods significantly different from specifications stipulated herein. C) Warranty period for Goods shall be 60 days upon receipt of the Goods or commencement of the relevant season for seasonal goods. D) Goods shall be returned together with a claim for the return thereof. E )Goods shall be returned and a claim for the return thereof shall be filed during the warranty period as follows: 1. through the Delivery Service to RETEK LLC, 12 “A” Poliarna Str., Kyiv 04201, with the attachment of documents specified in the Return Policy section of the Website; or 2. to a representative of the Delivery Service at the delivery of the next order. F) Goods shall be returned at the expense of the Purchaser, unless otherwise determined by the Seller. G) If the defects in Goods detected by the Purchaser are not significant within the meaning of the Law, the Purchaser is entitled to file a request to perform one of the conditions provided for by the first part of Article 8 of the Law to the Seller. H) Before sending Goods to the Seller, the Purchaser shall e-mail to e-store@lacoste.ua photos of the detected defects in Goods. Requests of the Purchaser are not subject to satisfaction if defects in Goods have arisen after transfer thereof to the Purchaser as a result of violation of the terms and conditions of use or storage of Goods by the Purchaser, actions of third parties or force majeure. • Monetary funds for returned Goods (subject to observance of the requirements of this section) shall be returned within 30 days from the date the Purchaser notifies the Seller of the return of Goods. Monetary funds for returned Goods (subject to observance of the requirements of this section) shall be returned within 30 days from the date the Purchaser notifies the Seller of the return of Goods. www.lacoste.ua
Personal data of the Purchaser shall be processed in accordance with the Law of Ukraine “On Personal Data Protection” No. 2297-VI dated 1 June 2010. “Personal data of the Purchaser” shall mean: first name, patronymic, and last name; sex date of birth; postal address; mobile phone number; personal e-mail; marital status / data on minor children; social status; place of work; occupation / title; data on the car (brand, model, year); any other data (data the Purchaser provides of his/her own accord). By signing up for the Website and providing his/her personal data to the Seller, the Purchaser as a subject of personal data: Consents to processing his/her personal data (data or a set of data on him/her) to the Seller as the owner of personal data with the purpose of: Ensuring cooperation related to advertisement, marketing and collection of personal data for commercial purposes; Ensuring communications with the Purchaser; Provision of advertising and/or informational materials on the special offers of the Seller and its partners to the Purchaser; Study of the demand, notifying the Purchaser of new goods and services of the Seller and its partners; Ensuring civil, legal, tax and bookkeeping relations; Consents to the performance of the following actions with his/her personal data (processing of personal data) to the Seller: collection of personal data within the scope required to achieve the purposes of the processing of personal data specified in paragraph 8.2 hereof; processing of personal data (with or without the use of automated information systems), including, but not limited to, receipt, systematization, accumulation, storage, clarification (update, modification), use, dissemination (including transfer, including international transfer to other operators of personal data or any third parties at the Seller’s discretion), depersonalization, blocking, destruction of personal data, as well as any other actions related to the processing of personal data for the purposes of the processing thereof; Agrees that personal data may be transferred to other operators of personal data and any third parties at the Seller’s discretion in accordance with agreements executed between such operators of personal data and third parties, and the Seller is under no obligation to notify the Purchaser of such transfer if it takes place with the purpose determined in paragraph 8.2 hereof. When processing personal data, the Seller shall take any necessary organizational and technical measures to protect personal data against unauthorized or accidental access thereto, destruction, distortion, blocking, copying, dissemination of personal data, as well as other unauthorized actions; Acknowledges that the Seller has notified the Purchaser of the following: The Purchaser may at any time, upon written request to the Seller, request a list of names and addresses of any operators of personal data, familiarize him/herself with personal data, file a request for the provision of additional information on the storage and processing of personal data or request any necessary amendments to personal data for the clarification thereof; The Purchaser’s rights determined by Article 8 of the Law of Ukraine “On Personal Data Protection”; The Purchaser’s right to revoke or change the term of the storage and processing of personal data by the Seller by a written notice to the Seller (letter with receipt acknowledgement) at least 30 days before the expected date of the revocation /change of the term; Confirms that the Purchaser has received from the Seller a written notice on the inclusion of the Purchaser’s personal data into the Seller’s personal database of Purchasers for the processing thereof for the purposes determined in paragraph 8.2.1 hereof, composition and content of collected data, as well as terms and conditions of the transfer of personal data to other operators of personal data and third parties; Entitles the Seller to send to the Purchaser notices related to actions provided for by paragraph 8.2.1 hereof by SMS, e-mail and post. Personal data of the Purchaser shall be stored in the Seller’s database of Purchasers at 17\52 “А” Bohdana Khmelnytskoho Str., Kyiv 01030. Term of the storage and processing of personal data shall be 10 years. Sign-up is equivalent to granting of written consent to the processing of the Purchaser’s personal data by the Seller, other operators, as well as third parties by the Purchaser.
9. LIABILITY. MISCELLANEOUS

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The Purchaser and the Seller shall be liable for a breach hereof in accordance with the current laws of Ukraine. In any matters uncovered herein, the Purchaser and the Seller shall be guided by the laws of Ukraine.
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