Last updated: 23/09/2022
Please read these Terms of Sale carefully (hereinafter — the "Terms") prior to purchasing products from the Website, located at https://have-a-rest.net (the “Website”). These Terms of Sale contain very important information about your rights and obligations, as well as limitations and exclusions.
Note that by making an order and purchasing a product from the Website, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms of Sale and all terms incorporated herein by reference in full. If you do not agree with these Terms of Sale, do not make your purchase.
The terms “Have A Rest”, “we”, “us” or “ours” used in these Terms refer to sellers of goods, namely:
- individual entrepreneur Didenko Yelyzaveta Andriivna (tax number 3567204841), registered address: 04050, Kyiv, Dehtiarivska Street, 6, apt. 17;
- individual entrepreneur Popovych Oksana Vasylivna (tax number 2849304164), registered address: 02156, Kyiv, Bratyslavska Street, 2, apt. 8;
- individual entrepreneur Murynchenko Lidiia Trokhymivna (tax number 1821919007), registered address: 02156, Kyiv, Kioto Street, 15, apt. 24;
- individual entrepreneur Dolinina Alina Volodymyrivna (tax number 3112417442), registered address: 02156, Kyiv, Kioto Street, 15, apt. 24.
Our collection and use of personal information in connection with your access to and use of the Website is described in our Privacy Notice.
Except as otherwise provided, these Terms of Sale are subject to change by Have A Rest at any time without notice. It is your responsibility to check periodically for any changes we make to the Terms of Sale. By placing an order for products through the Website, you agree to be bound by and accept the Terms of Sale in effect at the time of such order.
Table of contents
- Product descriptions and availability
- Placing orders on the Website
- Payment terms
- Return policy
- Events outside our control
- Limitation of liability
- Other important terms
These Terms of Sale create a legally binding agreement between you ("you" or “User”) and Have A Rest which apply to your purchases of any products from the Website (“Agreement”), except to the extent that you have entered into a separate written agreement with Have A Rest that supersedes some or all of these Terms of Sale. By making an order on the Website, you agree to the terms of sale described in this document and undertake to comply with them.
2. Product descriptions and availability
The catalogue of ready-made Have A Rest products, namely suitcases and travel accessories (hereinafter referred to as “products ”), is made available for you on the Website.
In describing and portraying our products on the Website, we attempt to be as accurate as possible. However, if you notice that such descriptions or other content on the Website is erroneous or contains inaccuracies, please inform us at: firstname.lastname@example.org.
We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice.
We have made every effort to display as accurately as possible the colors of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
We may revise or discontinue products at any time without prior notice to you. All prices on the Website are subject to change without notice.
3. Placing orders on the Website
3.1 You must be of legal age in your country to place an order on the Website. Otherwise, you can make a purchase only with involvement of a parent or guardian.
3.1.1 To place an order on the Website, you must be a consumer — not a reseller. Purchase of Have A Rest products through the Website for resale is strictly prohibited. Purchase for resale means the purchase of a product by someone who resells, or intends to resell, the product to others (consumers, businesses or any third party). If Have A Rest believes you are involved in purchase for resale, Have A Rest reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders etc. If you want to establish business relations with Have A Rest for the purpose of reselling Have A Rest products, please contact our Wholesale department at: email@example.com.
3.2 To place an order on the Website you need to choose the product, its quantity, colour and other available features and add it to the cart. At the checkout you will be asked to provide your personal customer information. Please read our Privacy Notice to know more about how we treat your personal data.
3.3 Within 1 (one) business day upon your order submission we will send you an email acknowledging the receipt of your order (“Order Confirmation”). In case the shipping information needs further details, you agree that our sales manager msy contact you by phone to verify the terms of shipping.
4. Payment terms
4.1 The prices are displayed on the Website in UAH, RUR or EURO, depending on your location. If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase, which is beyond our control.
4.2 Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
4.3 The total price specified in the final check out screen includes taxes, if applicable. This price will be recorded in the Order Confirmation, which we will send to your email before delivery.
4.4 At the checkout you can find the available payment methods:
- For buyers from Ukraine:
- payment by means of WayForPay service;
- bank transfer to Have A Rest account;
- the "payment in installments" service from “PrivatBank”
- the "purchase in installments" service from “Monobank”.
- For buyers from the Russian Federation and other countries:
- payment at pickup;
- bank transfer to Have A Rest card;
- cash on delivery;
- card payment through WayForPay service.
- For buyers from other countries:
- card payment through WayForPay service.
4.4.1 If you have chosen the payment method ‘cash on delivery’, the order amount set forth on your Order Confirmation in the local currency of your destination country must be paid in full before receiving your items and signing the delivery sheet.
4.5 We facilitate your payment of the total price for product(s) through the third-party services, namely WayForPay, Monobank, PrivatBank. As soon as you follow the link to pay for the ordered product(s), you are subject to the policies of such services. In no case Have A Rest is responsible or liable for any personal data processed by such services.
4.6 We reserve the right to apply at our own discretion discount to prices for specific users and/or during a particular period. If we publish special offers on the Website, they are subject to certain conditions laid down in the details of such offers available on the Website.
4.7 As soon as we receive your payment for the ordered products, we will send a payment confirmation to your email address.
We ship our products within the territory of any country.
Your order will be shipped to the address indicated by you. You acknowledge that you are solely responsible for any mistakes made in your shipping address and we are not obliged to reship your order in case of your mistake.
Please, be acknowledged, that we may contact you to verify the shipping details.
- For buyers from Ukraine
To deliver the products within Ukraine you can choose the delivery by courier service "Nova Poshta".
- For buyers from the Russian Federation
To deliver the products within the territory of the Russian Federation, you can choose:
- the delivery by the courier service: the “Russian Post”, “SDEK” or “IML”;
- courier delivery in Moscow;
- pickup at the address: Moscow, 28 Shchepkina st., office 517 (from 10:00 to 20:00 from Monday to Friday).
- For buyers from other countries
To deliver the products within the territory of other countries and worldwide, you can choose the delivery by the EMS or Ukrposhta courier services, having previously contacted us at: firstname.lastname@example.org.
Given we only arrange the shipping, your product(s) will be shipped under the terms and conditions of the chosen shipping service.
WHICH SHIPPING RATES APPLY?
Have A Rest pays the cost of delivery if the goods need to be delivered:
- on the territory of Ukraine;
- on the territory of Moscow;
- to the territory of other countries.
The cost of delivery to other cities of the Russian Federation and other countries is not included in the cost of goods. The cost of delivery shall be paid at the rates of the selected delivery service upon receipt of the goods.
You are responsible for paying all taxes, duties, and other charges associated with international shipping.
We endeavour to process the orders of products from Monday to Sunday within one business day from the moment of sending the Order Confirmation.
We organize the delivery of products within the territory of Ukraine from Monday to Saturday, within the territory of the Russian Federation and other countries — from Monday to Friday.
Your order will be shipped upon the Order Confirmation once the items are available. As soon as your order is dispatched, you will be notified by email.
INSPECTION UPON RECEIPT
Title to and risk of loss of the product(s) passes from Have A Rest to you at the moment of your receipt of the product(s) from the carrier and signature of the delivery sheet. Upon shipping, please inspect the packaging and product(s) for damage. If it appears that the products are damaged, please do not accept the shipment. You may file the claims with carriers for damaged and/or lost shipments.
If you have any questions regarding shipping, please contact us at: email@example.com.
Have A Rest provides you with a warranty for a period of 1 year from the date of purchase of the suitcase, not only for factory defects in these products, but also for mechanical damage, if any occur during the flight. A manufacturer’ warranty for the Power banks is provided for a period of 11 months.
Warranty does not apply to:
- wheel wear due to intense use;
- damages resulting from improper use or storage;
- damages due to careless maintenance;
- the loss of a suitcase or theft of things from it during a trip;
- damages due to excess loads;
- damages which resulted from the use of product for other purposes (including by third parties) or self-repair;
- scratches, exposure to extreme temperatures, solvents, acids, water, mechanical damage, natural disasters.
7. Return Policy
7.1 If you are not satisfied with the products purchased through the Website, you can exchange or return the products within 30 calendar days. Return or exchange is available if the product has not been used and it is preserved in its original packaging, in its original condition and consumer properties, with all original tags still attached, as well as the warranty coupon, which is issued at the time of purchase with the date of purchase of the suitcase from Have A Rest.
To return or exchange an item, please contact us at firstname.lastname@example.org and inform about your decision. In response to your request, we will give you details regarding the return or exchange address.
We will refund you the price of the product, as well as the costs resulting from the return not later than 7 days from the date of your notification of return. For this repayment we shall use the same method of payment that you used making the original transaction, unless we arrange a different method with you.
7.2 In case of detection of a flaw or defect during the warranty period, please contact us at: email: email@example.com or by phone: +380 (66) 116 40 01. Please inform us of your issue and requirements.
Under the consumer protection laws you have the right to:
1) proportional price reduction;
2) elimination of defects in the products within a reasonable time;
3) reimbursement of expenses for the elimination of defects in the products.
When detecting significant flaws of the products you have the right to:
- full refund;
- the replacement of products.
If the damaged element is subject to repair, Have A Rest specialists will replace / repair the damaged element.
8. Events outside our control
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, government shutdown, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
- a) We will contact you as soon as reasonably possible to notify you; and
- b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our shipping a product to you, we will arrange a new shipping date with you after the Event Outside Our Control is over. You may cancel the shipping, if an Event Outside Our Control takes place and you no longer wish us to provide the product(s).
9. Limitation of liability
In no event shall Have A Rest, its directors, members, employees or agents be liable for any lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, arising out of or in any way connected with any purchase made on the Website.
Have A Rest is not responsible if any information, statements or other materials available on or through the Website are inaccurate or incomplete, as well as for typographical errors or omissions relating to pricing, text or graphics. We are not making any promises of any kind, including about the accuracy, adequacy, usefulness, reliability, legality or otherwise of the Website or Content.
To the full extent permitted by law, the liability of Have A Rest shall be limited to the amount actually paid for the purchase of products from this Website.
10. Other important terms
10.1 We may transfer our rights and obligations under the Agreement to another entity or organization, but this will not affect your rights or our obligations under these Terms of Sale.
You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
10.2 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.
10.3 These Terms of Sale and your purchase of products from the Website shall be governed by and construed in accordance with the laws of Ukraine, without resort to its conflict of law provisions. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the Ukrainian courts over any suit, action or proceeding arising out of or in connection with these Terms of Sale.
10.4 If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.
Any questions or complaints about these Terms of Sale or any product purchased using the Website may be directed to firstname.lastname@example.org.