Terms of sale
Effective date: August 1, 2023
VYTVORY - Terms of sale
Please read these terms of sale carefully before ordering services online from the VYTVORY platform.
1. Applicability
You are reading these Terms of sale ("Terms of sale ") because you use the VYTVORY website (vytvory.ua or vytvory.com) and the Platform's social media pages, all of which are part of the VYTVORY Platform ("Platform").
These Terms of sale create a legally binding agreement between you and the Service Provider (which we may hereinafter refer to as the "Platform", "Service Provider", "VYTVORY", "we", "us" or "our") with respect to individual orders for the manufacture of customized products available on the Platform (hereinafter referred to as "services for the manufacture of customized products" or "services", or "sale of customized products", or "sale/s").
The VYTVORY platform is represented by legal entities from the following list:
Private Entrepreneur Dmytruk Liudmyla.
Customized product - hereinafter referred to as a product made to an individual order, which the customer places in our online customizer by choosing or selecting their own combination of standard options from all available standard options of a product - this is defined in detail in clause 2.6 "Specification of the order of services" of this Agreement.
We may revise these Terms of sale without notice by posting the revised Terms of sale on our Platform. The Terms of sale posted on the Platform at the time you place an order on the Platform will govern that purchase. Please read these Terms carefully and ensure that your order details are complete and accurate before paying for your order. The Terms of Use and Privacy Policy are integral parts of these Terms of sale .
2. Ordering services
2.1 Right to order
To place an order on the Platform, you must be of legal age and you must be an end user(consumer), not a reseller.
2.2 No purchase for resale
The Platform is intended solely to provide paid custom product manufacturing services directly to end users, and ordering custom product manufacturing services for resale is strictly prohibited. Purchase for resale means the ordering of a customized product on the Platform by someone who resells or intends to resell the product to others (consumers, businesses or any third party). If we believe you are involved in buying for resale, we reserve the right to take any action against you, including but not limited to: restricting sales to you, canceling your orders, and/or suspending or terminating your account.
2.3 Placing an order
In order to place an order, you need an email address and you may need to configure your browser to accept (functional) cookies and pop-ups in order to be able to use all the features of the Platform, including creating individual elements of a customized order, adding products to the basket and sending order.
When you pay for your order online, we will send you an email confirming receipt of your order.
Once we are sure that your payment was successful - we will send you an email confirming that the Payment was successful and the order was transferred to production (Change of order status - Production) - from this moment, these Terms of Sale become effective and binding on you and us ("Agreement", or "Agreement"). We recommend that you print or download a copy of these Terms of sale and the applicable Order Status for future reference. If we are unable to provide you with services, we will notify you in writing and will not process the order.
2.4 Our right to refuse or cancel your order
Fulfillment of all orders on the Platform is carried out only after receipt of full payment according to the option chosen by you and according to available payment options, and upon availability of all materials necessary to fulfill the order and conditions We reserve the right not to accept your order for any reason. We also reserve the right to cancel this Agreement by giving you written notice in the following situations, without liability for any damages or expenses, other than repayment of any amount received from you in connection with the Agreement that we canceled:
- lack of supply of materials necessary to fulfill the order;
- unavailability of service providers for the production of the order or its parts;
- your payment information is incorrect or cannot be verified;
- your order has been flagged by our security systems as suspicious or containing signs of fraud;
- your bank transfer payment is not received within 2 calendar days after online payment;
- we believe that you are under the legal age;
- we believe you are a reseller;
- an error occurred in the price or customization options displayed on the Platform;
- in case of incorrect spelling of customization options, price or other mistakes or errors in the operation of the Platform;
- we were unable to deliver to the address you specified;
- due to an event outside our control (see below);
- in case of infringement of our copyright and/or misuse of our copyright of the Service Provider or affiliated parties or suppliers;
- in case we consider cooperation with you unacceptable for any reason, including ethical one.
2.5 Data check
When you pay and submit your order to us, we may verify the accuracy of the information you provide before the order is processed. These checks may include checking your e-mail address and checking for fraud. We may perform partially automated checks on orders to filter out unusual or suspicious transactions or transactions that can be identified as susceptible to fraud. In the event that we suspect fraudulent activities on the Platform, an investigation will be conducted and, if necessary, the persons responsible for such activities may be prosecuted.
2.6 Service order specification
We provide services of manufacturing customized product for your individual order placed through the online customizer vytvory.ua.
Each individual Order is individual and is manufactured in accordance with both the General parameters and the Variable parameters that you have selected on the Platform.
2.6.1 General parameters
General parameters of the order include: drawings and physical dimensions of the product and its parts, including all possible replacement parts, dimensional grid, material specifications, material colors. All general parameters of each and every product are given in Appendix-A, which is an integral part of this Agreement. Parameters of products/orders not specified in Appendix-A are made at the discretion of the Platform.
We may revise these General parameters without notice by posting the revised General parameters on our Platform. The general product/order parameters published on the Platform at the time the order is placed on the Platform will govern that purchase.
2.6.2 Custom parameters
Custom parameters include a combination of those variable options selected by you on the Platform that can be selected on the Platform in the online customizer of the applicable product, including but not limited to:
- Cut/Shape parameters (product length, sleeve shape, cuffs, collar shape)
- Embroidery/Decoration parameters (on all parts of the product available for editing through the Platform)
- fabric color and embroidery/decoration colors
- the size of the customized product
- parameters Tags/Dedications (names, dedications)
The "combination of variable options" that can be selected on the Platform in the online customizer of the relevant product means the textual description of the variable options, and not their images on the Platform website.
The customized product/order variable parameters selected by you on the Platform cannot be changed once the order has been paid for.
2.7 The actual appearance of the order
The actual appearance of the customized product may differ from the images rendered on the Platform website, and/or on the packaging of the customized product, and/or in the notifications sent when ordering. However the actual appearance will comply with the Order Specification, namely the General parameters of the product/order and the Variable parameters of the customized product/ order.
2.8 Title transfer & risk of loss
Our services for the production of customized products are provided on the territory of Ukraine. Title and risk of loss for customized products ordered through the Platform pass to you upon our transfer of the customized products to the carrier for delivery.
If you chose the payment method "65% - advance payment and 35% - cash on delivery upon receipt" (the option is available only for delivery within Ukraine), then the risk of loss of the customized products ordered through the platform is transferred to you after we transfer the customized products to the carrier for delivery, and the ownership right of the customized product(s) will not pass to you until full payment has been received.
2.9 Consumer rights disclamer
You agree that this Agreement is not affected by Art. 9 of the Law of Ukraine "On the Protection of Consumer Rights" regarding the right to return non-food products within 14 days, since this Agreement does not relate to the sale of goods, but to the provision of services (manufacturing of customized products according to the customer's individual order). You agree that this limitation of the Consumer Protection Act does not violate your consumer rights.
Defective products are returned under the conditions specified in clause 5.2 of this Agreement.
The possibility of a partial refund is specified in clause 5.3 of this Agreement.
3. Price/Payment
3.1 Payment methods
We do not accept any payment methods other than those listed in the payment options on the Platform. Please note that some payment options may not be available for shipping abroad! Please do not attempt to pay using any method other than the above. If you do so, we are not responsible for any loss of payment or any other damages that may arise as a result of this action.
3.2 Payment processing
When paying by credit/debit card, we will consider the payment as completed as soon as we receive notification from Liqpay or our bank that the full amount has been credited to our accounts.
We will begin production of the customized product ordered by you on the Platform only after we receive your full payment (the amount specified in your order). This may take several days. If payment is not received by us within 2 days after you have made an online payment with your card, your order will be automatically cancelled. Payments can only be processed if the payment information can be verified.
3.3 Prices and currency
The prices of products displayed on the Platform do not include value added tax (VAT), as the current local Service Provider is not a VAT payer. The cost of delivery within Ukraine is included in the order amount. The cost of delivery abroad depends on the country of destination and is added to the cost of the order separately.
Prices are indicated in the local currency - Ukrainian hryvnias. In the case of payment in foreign currencies, conversion into hryvnias is carried out by the recipient's bank at the exchange rates valid on the date of receipt.
3.4 Total price of the order
The total price shown on the "Order" screen includes taxes and shipping costs. This amount will be displayed on the receipt, which we recommend that you print or download for future reference. If paying by credit card, the total amount will appear on your statement in your local currency and may include your and other banks' fees and charges.
If your local currency is different from the currency in which the prices are shown, your bank will apply the exchange rate on the date of purchase. Your bank may apply an exchange rate that differs from the one displayed on the Platform - that is beyond our control.
3.5 Partial payment (only available within Ukraine)
This option is not available for overseas delivery.
3.6 Price changes
The prices for services will be those displayed on the Platform at the time of payment. Prices may change from time to time, but changes will not affect any order for which we have confirmed payment in an Order Confirmation.
4. Production and delivery
4.1 Destination
We can deliver your order within Ukraine only by Nova Poshta or Ukrposhta delivery providers to locations you specified in the order on the Platform. Delivery abroad is carried out to the address specified when ordering. Delivery abroad is carried out by a local operator in the country of destination.
4.2 Production term
We can only manufacture your order within the timeframe provided by the manufacturing options listed on the Platform, namely:
- Standard delivery - within about 15 days - the exact term and availability of this option are indicated on the website
- Urgent delivery (NOT AVAILABLE FOR OVERSES DELIVERY) - within about 5 days - the exact term and availability of this option are indicated on the website (at the same time, the total cost of the order is doubled compared to regular delivery)
- Lean delivery (NOT AVAILABLE FOR OVERSES DELIVERY) - within about 30 days - the exact term and availability of this option are indicated on the website (such delivery provides a discount of up to 20% of the total amount due compared to regular delivery)
Please note that some of these options may not be available for sipping abroad!
These manufacturing terms include the time for the production of the order and for the delivery of the order from the place of production to the nearest branch of Nova Poshta or Ukrposhta (sender's branch), from which the orders will be sent to the branch that you specified in the order on the website (the recipient's branch). These terms do not include the actual delivery time (from sender’s branch post office to the recipient’s branch), and also do not take into account the time required to deliver the order abroad.
Delivery within Ukraine (except temporarily occupied territories) is carried out by carriers - Nova Poshta or Ukrposhta, on the terms and within the terms stipulated by these carriers.
Delivery of orders outside of Ukraine (except russia, belarus, north korea and iran) is carried out by carriers - Nova Poshta or Ukrposhta, on the terms and within the terms stipulated by these carriers.
We will send you an e-mail notification containing the details of the transportation document of the carrier. If the carriers change the standard terms of delivery, this may affect the time of actual receipt of the order. We are not responsible for untimely delivery by carriers.
We do not ship on certain public holidays. Please refer to the help section of the carriers' websites for dates and available shipping times and methods.
If possible, we will try to proceed to shipping your order as soon as possible, but no later than the delivery time specified in the order.
4.3 Split delivery
Whenever possible, we try to deliver all the products you ordered at the same time. However, please note that ordering multiple customized products may result in split deliveries.
We reserve the right to split the delivery of your order, for example if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an email to the email address you provided when placing your order. You will not be charged any additional shipping costs.
4.4 Delivery - price
The cost of delivery across Ukraine by Nova Poshta or Ukrposhta is included in the price of the order.
The cost of delivery outside of Ukraine depends on the country of destination and the carrier's tariffs, and is added to the cost of the order when you select the option "Delivery abroad" and select the country of destination.
5 Returns and Cancellations
5.1 Cancellation of order before payment
You can cancel any order free of charge and without explanation, provided that it has not yet been paid for. We start processing orders placed on the Platform only after confirmation of full payment according to the payment option selected on the site. Therefore, if you want to cancel or adjust your order, you can do it through the User Account at any time before payment.
Once you have made the payment, it is not possible to cancel or change the order.
We start manufacturing the customized product you ordered on the Platform immediately after confirmation of receipt of payment for the order.
Please note - since we do not sell ready-made products, but manufacture customized products that are manufactured according to individual specifications defined by you on the Platform and documented in the order, the Law of Ukraine "On the Protection of Consumer Rights" in relation to return the product within 14 days from the moment of sale does not apply to our services under this Agreement. However, you have the right to return your faulty order in accordance with the faulty product return procedures described below.
5.2 Product returns - faulty and defective
You have the right to return products you ordered only if they are defective or poorly made - that is, they do not meet the order parameters set forth in these Terms of Service and the parameters specified in the product/order specification, which are an integral part of this Agreement . This does not affect your legal rights. When factual inspection of your returned faulty product reveals that your order does not meet the order parameters set forth in these Terms of Service and the parameters specified in the product/order specification, we will, at our own expense, correct the identified defects in your order and return it to you. If, after these defects have been rectified, you still wish a refund, we may refund you up to 50% of the total amount of your order (see p.5.3 below).
5.3 Partial refund
If within 30 days from the receipt of any order you wish to return it and get a refund, we can reimburse you up to 50% of the total amount you paid, on condition that you return the order, and if the received by us order satisfies the following conditions: it is undamaged, unused, does not contain signs of use (wear) and is packaged in the original undamaged packaging.
A refund of up to 50% of the order value will be made based on the original form of payment. If you paid by bank transfer, you need to provide this information to customer service when you initiate a refund so that we can refund the money directly to your account.
Such a refund is made within 90 days of the receipt of your returned order intact in its original packaging, together with a letter in any form requesting a refund of part of the order value and stating the reason for the return.
You agree that the refund in the event of a return cannot exceed 50% of the total order value paid by you, and the final amount of the refund is at the discretion of the Platform.
6. Events beyond our control
Event Outside Our Control means any act or occurrence beyond our reasonable control, including, without limitation, strikes, lockouts or other industrial action by third parties, civil unrest, riots, invasions, terrorist attack or threat of terrorist attack, war (whether , whether declared or not) or the threat or preparation of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks.
If such event occurs that affects our performance of our obligations under these Terms of Service:
- we will contact you as soon as possible to let you know; and
- our obligations under these Terms of sale will be suspended and the time for execution of our obligations will be extended for the duration of an Event beyond our control.
If an event outside our control affects the delivery of the customized product to you, we will arrange a new delivery date with you after the event outside our control has ended. You may terminate the contract if an event outside of our control occurs and you no longer wish us to manufacture your customized product. Please see your cancellation rights in the Cancellation section above.
7. Other conditions
We may assign our rights and obligations under this Agreement to other parties, but this will not affect your rights or our obligations under these Terms of Sale.
You may assign your rights or obligations under these Terms of Sale to another party only if we agree to do so in writing.
Each of the paragraphs of these Terms of Sale is valid separately. If any court or competent authority decides that any of them is illegal or unenforceable, the other paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us.
8. Final Provisions
These Terms of sale are compiled in two languages in which identical terms are stipulated. In the event of a difference between the texts, the Ukrainian language version shall prevail.
