THE USER AGREEMENT
• Website Visitor is a person who visited the website https://underhill.dance/merch/ without the purpose of placing an Order.
• the User is an individual, Website visitor who accepts the terms of the user agreement and wanting to place orders on the website https://underhill.dance/merch/
• The buyer is the user who placed the order on the website https://underhill.dance/merch/ in order to purchase goods for personal use.
• Underhill - the seller is a legal entity. Sale of goods is carried out from the Seller’s warehouses located in Ukraine.
• The seller is an Underhill or other legal entity or individual entrepreneur whose goods are available in the Internet-shop.
• Internet-shop is an Internet site located on the Internet at https://underhill.dance/merch/, where the Goods offered by the Seller for purchase are presented, as well as the terms of payment and delivery of Goods to the Buyers.
• Website —
• The Seller’s page is a page of the Site containing information on the conditions of sale, delivery and return of Goods sold by the Sellers other than Underhill, as well as other information that is essential for the conclusion and execution of a contract for the purchase and the sale of Goods. The Seller’s page is available at the link located on the page with the description of the Goods under the “Add to the Cart” button.
• The goods are shoes, clothes, accessories and other goods presented for sale on the Seller’s Website.
• The order is a duly executed request of the Buyer for the purchase and delivery to the address specified by the Buyer of the Goods selected on the Website.
1. General Provisions
1. The seller sells Goods through the Internet-shop at https://underhill.dance/merch/.
2. Real terms of sale of the goods, as well as information about the Goods presented on the Website is a public offer in accordance with art. 633 of the Civil Code of Ukraine.
3. Real conditions may be changed unilaterally by the Seller without notice to the User/Buyer. The new edition of the Terms takes effect from the moment of its publication on the Website, unless otherwise provided.
4. The User Agreement (hereinafter - the Agreement) takes effect from the moment the Seller sends the Buyer an electronic confirmation of the acceptance of the Order when the Buyer places the Order without authorization on the Website, and also from the moment the Buyer accepts the Order by phone 0 (96) 055 36 64
5. The contract for the retail purchase and sale of the Goods is considered concluded from the moment the Seller gives the Buyer an invoice or other document confirming the transfer and payment of the goods.
6. By informing the Seller of his e-mail and phone number, the Website Visitor/User/Buyer agrees to the use of the specified means of communication by the Seller, as well as by third parties attracted by him for the purpose of fulfilling obligations to the Website Visitors/Users/Buyers, in order to carry out advertising and informational mailings containing information about discounts, upcoming and ongoing promotions and other events of the Seller, on transferring the order to delivery, as well as other information directly related to the fulfillment of obligations by the Buyer within of the real Public Offer. In carrying out the Order, the User/Buyer agrees that the Seller may entrust the execution of the Agreement to a third party, while remaining responsible for its execution.
7. Underhill provides to the User the information support of the Agreement concluded between the User and the Seller within of the Order.
2. The subject of the Agreement
1. The subject of the Agreement is to enable the User to purchase, for personal, family, home and other needs not related to entrepreneurial activity, the Goods presented in the catalog of the Internet-shop at https://underhill.dance/merch/.
2. This Agreement applies to all types of Goods and services presented on the Website, while such proposals with a description are present in the catalog of the Internet-shop.
3. Goods and Purchase Order.
1. The seller ensures the availability in his warehouse of the Goods presented on the Website. The photographs accompanying the Goods are simple illustrations to it and may differ from the actual appearance of the Goods. Descriptions/specifications accompanying the Goods do not claim to be exhaustive and may contain typos. To clarify information on the Goods, the Buyer must contact the Customer Support Service.
2. In the case of absence of the Goods ordered by the Buyer at the Seller’s warehouse, the Seller has the right to exclude the specified Goods from the Order/cancel the Buyer’s order by notifying the Buyer by sending an appropriate e-mail to the address indicated by the Buyer during registration (or by calling the Underhill manager).
3. The Buyer is solely responsible for providing incorrect information, which entailed the inability of the Seller to properly fulfill its obligations to the Buyer.
4. In the case of cancellation of a fully or partially prepaid Order, the cost of the canceled Goods is returned by the Seller to the Buyer in the way the Goods were paid.
5. After placing the Order on the Website, the Buyer is provided with information about the estimated delivery date by sending an email message indicated by the Buyer at registration. The manager serving this Order clarifies the details of the Order, agrees on the delivery date, which depends on which legal entity/individual entrepreneur is the Seller of the Goods ordered by the Buyer, the availability of the ordered Goods in the Seller’s warehouse and the time required for processing and delivery of the Order.
6. The expected date of transfer of the Order to the Delivery Service is communicated to the Buyer by the manager serving the Order, by e-mail or during a control call to the Buyer. The date of transfer of the Goods may be unilaterally changed by the Seller if there are objective reasons, according to the Seller.
4. Delivery of the order
1. The goods are delivered by the postal operator in the form of a postal item with cash on delivery. The methods, as well as approximate delivery times for the Goods are indicated on the Website in the "Delivery Methods" section at https://underhill.dance/merch/order/details/; methods and approximate delivery times for Goods sold by other Sellers are indicated on the respective pages of the Sellers on the Website. Specific delivery dates can be agreed by the Buyer with the manager when confirming the order.
2. The territory of delivery of the Goods presented on the Website is limited to Ukraine. The Buyer also agrees that the territory of delivery of Goods sold by other Sellers may be limited. Information about the territory of the delivery of Goods sold by other Sellers is presented on the respective pages of the Sellers on the Website.
3. Delays in delivery are possible due to unforeseen circumstances that did not occur through the fault of the Seller.
4. Upon delivery, the Order is handed over to the Buyer or to a third party specified in the Order as the recipient (hereinafter the Buyer and the third party are referred to as the “Recipient”). If it is impossible to receive the Order paid in cash by the above persons, the Order can be handed to a person who can provide information about the Order (dispatch number and / or Surname and name of the Recipient), as well as pay the full amount of the order to the person who delivers Order.
5. The risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment of transferring the Order to him and putting by the Recipient of the Order a signature in the documents confirming the delivery of the Order.
6. In order to avoid cases of fraud, as well as to fulfill the obligations assumed in paragraph 4.4. of this Agreement, upon delivery of the prepaid Order, the person delivering the Order has the right to request a document proving the identity of the Recipient, as well as indicate the type and number of the document provided by the Recipient on the receipt for the Order. The seller guarantees the confidentiality and protection of the personal data of the Recipient.
7. The delivery cost of each Order is calculated individually, based on the weight of the Goods, region and delivery method, and is indicated on the Site at the last stage of placing the Order.
8. The Seller’s obligation to transfer the goods to the Buyer is considered fulfilled at the time the Buyer receives the shipment, as this moment is determined in accordance with the current postal rules.
9. The procedure for the delivery and disclosure of Shipments containing goods is determined by the current postal rules.
10. When accepting the Order from the courier, the Recipient is obliged to inspect the delivered Goods and check it for compliance with the declared quality, assortment and completeness of the Goods, as well as check the expiration date of the delivered Goods and the integrity of the packaging. In the absence of claims to the delivered Goods, the Recipient signs in the “Order Delivery Form” and pays for the Order. The signature in the delivery documents indicates that no claims have been made by the Recipient to the Goods and the Seller has fully and properly fulfilled its obligation to transfer the Goods.
11. You can specify the date, time and, if necessary, the delivery route, at the manager who contacts the Buyer to confirm the Order.
12. The user understands and agrees that:
delivery is a separate service that is not an integral part of the Goods purchased by the Buyer, the execution of which ends when the Recipient receives the goods and makes a payment for it. Claims for the quality of the purchased Goods that arose after receipt and payment of the Goods are considered in accordance with the Law of Ukraine "About Protection of Consumer Rights" and the warranty obligations of the Seller. In this regard, the purchase of the Goods with delivery does not give the Buyer the right to demand delivery of the purchased Goods for warranty service or replacement, does not make it possible to carry out warranty service or replace the Goods by visiting the Buyer and does not imply the possibility of returning the cost of delivery of the Goods in cases where the Buyer has the right to a refund for the Goods as such, in accordance with the Law of Ukraine "About Protection of Consumer Rights".
5. Payment for the goods
1. The price of the goods is indicated in grivnia and includes value added tax if the relevant Seller applies the general taxation system. The order amount consists of the value of the goods ordered.
2. The price of the goods is indicated on the Website. In the case of incorrect indication of the price of the goods ordered by the Buyer, the Seller informs the Buyer about this to confirm the Order at the corrected price or to cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled.
3. The price of the Goods on the Website may be changed by the Seller unilaterally. In this case, the price of the goods ordered by the Buyer is not subject to change.
4. Payment for the goods is carried out by the Buyer:
- in cash upon receipt of the Order in an amount corresponding to the amount of the Order indicated on the Webste;
- cashless funds using bank cards when placing an Order in the amount corresponding to the amount of the Order indicated on the Website.
6. Return of goods and cash
1. The return of the Goods is carried out in accordance with the Law of Ukraine "About Protection of Consumer Rights".
2. Return of Good Quality Goods:
Returning the Goods of good quality is possible if the goods have not been used, their presentation, consumer properties, seals, labels are preserved, and the settlement document issued to the Buyer along with the sold goods is also saved.
If the Buyer refuses the Goods in accordance with clause 6.2. The Seller returns to him the cost of the returned Goods, within 15 days from the date of receipt of the returned Goods to the Seller’s warehouse, together with a return application filled out by the Buyer. Refunds of the cost of the Goods are carried out exclusively to the person indicated in the Order for the Goods. If the Buyer specified incorrect data in the Order, the Seller reserves the right to refuse such a buyer a refund.
3. If at the time of the Buyer's appeal a similar product is not available for sale from the Seller, the Buyer has the right to refuse to execute this Agreement and demand a refund of the amount paid for the specified Goods. The Seller must return the money paid for the returned product within 30 days from the date of return of the goods.
4. Return of the Goods of Inadequate Quality:
4.1. Under the goods of inadequate quality means goods that are defective and cannot ensure the performance of their functional qualities. Received Goods must correspond to the description on the Website. The difference in design elements or design from those stated in the description on the Website is not a sign of inadequate quality of the Goods and/or inability to use it for its intended purpose.
4.2. The appearance and completeness of the Goods, as well as the completeness of the entire Order must be checked by the Recipient at the time of delivery of the Goods.
5. After receiving the Order, claims to external defects of the goods, its quantity, completeness and presentation are not accepted.
6. If the Goods of inadequate quality were transferred to the Buyer and otherwise was not agreed upon in advance by the Seller, the Buyer is entitled to use the provisions of Art. 8 “Consumer rights in the event he acquires goods of inadequate quality” of the Law of Ukraine “About Protection of Consumer Rights”.
7. Claims for the return of the sum of money paid for the goods must be satisfied within 30 days from the date of the presentation of the corresponding claim (Clause 4, Article 12 of the Law of Ukraine “About Protection of Consumer Rights”).
8. The goods (of proper and inadequate quality) can be returned to the courier during the redemption of the next order, provided that the thing which is to be returned was purchased no earlier than 30 days before the current date. After processing the return, the client receives an SMS message from the courier service, which contains a link to the electronic receipt of return in the text.
9. Refunds are made through the return of the cost of the goods paid by post, bank transfer (through PrivatBank), as well as by transfer to a bank card (the card must be issued in Ukraine; the card currency is grivnia). The method must be indicated in the appropriate field of the application for the return of the Goods.
10. In case of payment of the Order by the method specified in clause 6.4.2. of the Offers, the return of funds is carried out by returning the cost of the paid Goods to the bank card with which the Goods were paid.
11. The warranty period for goods sold by the seller Lamoda is 30 days from the date of receipt of the goods, unless otherwise specified by the manufacturer in the accompanying documents for the goods.
12. The Seller is not responsible for the defects of the Goods if they arise after its transfer to the Buyer due to the Buyer's violation of the rules for use or storage of goods, actions of third parties, or force majeure.
1. The Seller is not responsible for damage caused to the Buyer due to improper use of the Goods purchased in the Internet-shop.
2. The seller is not responsible for the content and operation of external websites.
8. Confidentiality and data protection
1. The User / Buyer personal data is processed in accordance with the Law of Ukraine of June 01, 2010 No 2297-VI “About Protection of Personal Data”.
2. Personal data is collected solely for the purpose of complying with the requirements in the field of regulation of tax relations, relations in the field of accounting and relations in the field of advertising. The period of storage and processing of personal data is 5 years.
3. When registering on the Site, the User provides the following information: Surname, Name, email address, contact phone number and password for accessing the Website.
4. By providing your personal data when registering on the Website, the User agrees to their processing by the Seller, including for the purpose of promoting the seller of goods and services.
5. The seller uses the personal data of the User/Buyer:
- to register the User on the Website;
- to fulfill its obligations to the User/Buyer;
- to evaluate and analyze the operation of the Website;
- to determine the winner in the shares held by the Seller.
1. The seller has the right to send informational, including advertising messages, to the User’s/Buyer's e-mail and mobile phone with his consent. The User/Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal. Service messages informing the User/Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the User/Buyer.
6. The seller has the right to use the technology of “cookies”. “Cookies” do not contain confidential information and are not transferred to third parties.
7. The seller receives information about the IP address of the visitor to the Website https://underhill.dance/merch/. This information is not used to identify the visitor.
8. The seller is not responsible for the information provided by the User/Buyer on the Website in a public form.
9. The seller has the right to record telephone conversations with the User/Buyer. In this case, the Seller undertakes: to prevent attempts of unauthorized access to information obtained during telephone conversations, and / or its transfer to third parties not directly related to the execution of Orders, in accordance with the Law of Ukraine dated 02.10.1992 No 2657-XII “About information".
9. Validity of the Public Offer
1. This Public Offer takes effect from the moment of its acceptance by the Website Visitor/Buyer, and is valid until the withdrawal of the acceptance of the Public Offer.
10. Additional terms
1. The seller has the right to assign or in any other way transfer his rights and obligations arising from his relationship with the Buyer to third parties.
2. Internet-shop and the services provided may be temporarily partially or completely unavailable due to preventive or other work or for any other technical reasons. The technical service of the Seller has the right to periodically carry out the necessary preventive or other work with prior notice to Buyers or without it.
3. The provisions of the legislation of Ukraine apply to the relations between the User/Buyer and the Seller.
4. In the case of questions and complaints from the User / Buyer, he can contact the Seller by phone or in any other affordable way. The parties will try to resolve all disputes arising through negotiations, if the agreement is not reached, the dispute will be referred to the judicial authority in accordance with the current legislation of Ukraine.
5. The recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.
6. In the case of payment of the Order by the method specified in clause 5.4.2. of the Offer, deduction of additional commission by the issuing bank is possible.