Welcome to Shmelevsky website — Shmelevsky.com/
(hereinafter — ''site").
These terms and conditions apply to any purchase you make from our site.
We reserve the right to amend any of these terms and conditions at any time, and in our sole discretion without notice. Any change or modification will be effective immediately when we post the revised terms and conditions to our site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
Any new features or tools which are added to our site shall also be subject to these terms and conditions or any updated version of them as the case may be.
Shmelevsky recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. All products sold on site are intended to be sold to adults, who can purchase with a credit card. if you are under 18, you may use site only with the involvement of a parent or guardian. we reserve the right to only accept orders from those over 18 however.2. Privacy
You acknowledge that this terms and conditions is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the site and receipt of data, materials, and information available at or through the site.
4. Products on our site
We have made every effort to display as accurately as possible the colors and images of our products that appear on our site. We cannot, however, guarantee that your computer monitor's display of any color will be accurate. We reserve the right but are not obligated, to terminate accounts, cancel orders or limit the sales of our products to any person, geographic region or jurisdiction, in our sole discretion.
We reserve the right to limit the quantities of any products that we offer or sell through our site. All descriptions of products are subject to change at any time by us without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on our site is void where prohibited. We do not warrant that the quality of any products or other material purchased or obtained by you will meet your expectations, or that any errors or omissions in the products will be corrected.
If you are not satisfied with your order, we will gladly accept returns & exchanges within 14 days after delivery was made. You have the right to cancel your order within 14 days without giving any reason. The aforementioned period will expire 14 days from the day after the day on which you (or someone you nominate, other than a carrier) receives the last of the goods.
We also reserve the right to refuse to exchange products or refund the purchase price if any products returned to us by you do not meet our return policy requirements as set forth in our delivery information available at the above link.
In addition, shipping and handling charges, taxes paid (e.g., state, customs, vat) are not refundable.
Merchandise must be free of deodorant and other stains. returns/exchanges that appear washed, worn, or damaged will not be accepted and will be returned to the customer at the customer's expense and/or a refund refused.
All orders may be returned using any method of your choice, at your expense.
We recommend using a trackable and insured service as Shmelevsky is not responsible for lost packages.
We will make reimbursement without undue delay, and not later than:(i) 14 days after the day we receive back from you any of the goods supplied; or (ii)(if earlier) 14 days after the day you provide us with evidence that the goods have been returned; or (iii) if no goods were supplied, 14 days after the day on which we are informed about your cancellation.
We will make reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
In the event that we have sent goods to you and you have canceled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the goods back, we may arrange to have them collected from you at your cost.
5. Pricing policy
From time to time, prices are subject to change in response to currency exchange rate changes, markdowns, and other commercial factors. prices for our products are subject to change at our sole discretion without notice and without liability to you or to any third party. The price applicable to your order will be the price current at the time your order is accepted.
Import duties and taxes are not included in the price at check-out. these charges will be billed directly to customers and collected by the shipping service upon delivery once the parcel reaches its destination country. We do not accept responsibility for orders not accepted due to failure to pay import duties and taxes.
In addition, some orders may experience customs delays. unfortunately, we have no control over these charges or delays and cannot predict what they may be. Shmelevsky is not responsible for the additional costs or delivery delays due to customs clearance. We suggest that you contact your local customs office for additional information. Please note transit times above are provided by shipping service and are not necessarily guaranteed.
If you are a customer whose credit/debit card is not denominated in dollars or euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction (except domestic orders).6. Payment
We accept Visa, Mastercard, American express, Maestro and JCB cards, and any other methods which may be clearly advertised on the site from time to time. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to site, we will not be liable for any delay or non-delivery.7. Our site's content
Our site and all of the content and other materials, including but not limited to, our trademarks and logos, and all designs, text, graphics, images, photographs, videos, music, user interface, button icons, selection, coordination, "look and feel", information, data, software, other files and the selection and arrangement thereof (collectively, the "site content") are owned by us, are our copyrighted property or, as applicable, our licensors or service providers and are protected by copyright, trademark, trade dress, unfair competition, and/or patent laws in the Ukraine and all international intellectual property laws.
All software used on this site is the property of Shmelevsky or its software suppliers and protected by international copyright laws.
Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the site for any purposes. Nothing stated or implied on the site confers on you any license or right under any copyright of Shmelevsky or any third party.
The site and the information contained in reference herein are for your personal, non-commercial use only. except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the site, or use the contents of the site in litigation, or for any commercial or promotional purposes, without the express written consent of Shmelevsky or its lawful successors and assigns.
For usage permission, please contact us via e-mail at info@Shmelevsky.com
.8. License and site access
Shmelevsky grants you a limited, revocable, and non-exclusive license to access and make personal use of the site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Shmelevsky. This license does not include any resale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders, or similar data gathering and extraction tools.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Shmelevsky and its licensors, or licensees without express written consent of Shmelevsky. You may not use meta tags or any other hidden text using Shmelevsky`s name or trademarks without the express written consent of Shmelevsky. Any unauthorized use will immediately terminate the permission or license granted by Shmelevsky.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Shmelevsky so long as the link does not portray Shmelevsky or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Shmelevsky in its sole discretion. You may not use any Shmelevsky logo or other proprietary graphic or trademark as part of the link without express written permission of Shmelevsky. You may not make any other part of the site, other than the home page of the site, available as part of another service by "deep linking," or otherwise, without prior written permission from Shmelevsky.9. Third-party sites
The site may contain hyperlinks ("links") to sites operated by persons or entities other than Shmelevsky ("third-party sites"). We provide such links for your reference and convenience only. A link from the site to a third-party sites does not mean or imply that Shmelevsky endorses the content on that third-party site or the operator or operations of that third-party site. Shmelevsky explicitly disclaims any responsibility for the accuracy, completeness, or availability of information, content, and materials found on any third-party site. Shmelevsky does not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party site. Shmelevsky does not make any representations or warranties as to the security of any information, content, or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party. You hereby irrevocably waive any claim against Shmelevsky with respect to information, content, and materials contained on any third-party site, and any information, content, and materials you provide to such third-party site (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party site to which you might link from our site. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties.
Shmelevsky is not responsible or liable for any loss or damages incurred as a result of any dealings with any third-party site, any merchant or operator of a third-party site, or any other person with whom you engage in any transaction.10. Your responsibilities
You agree to comply with all applicable laws in connection with your use of the site, and such further limitations as may be set forth in any written or on-screen notice from Shmelevsky. As a condition of your use of the site, you warrant that you will not use the site for any purpose that is unlawful or prohibited by this terms and conditions. All information that you provide in connection with any interaction with the site must be accurate, complete, and current.
By using the site, you agree not to violate or attempt to violate the security of the site, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the site; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any part of the header information in any e-mail or posting.9. Termination or restriction
Shmelevsky may terminate or restrict your access to all or any part of the site at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the site at any time, provided that all of the provisions of this terms and conditions, including, without limitation, ownership provisions, warranty disclaimers, and indemnity limitations, shall survive any such termination.11. Risk of loss
All products purchased from the site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Shmelevsky. Title to products purchased on the site, as well as the risk of loss for such products, passes to you when Shmelevsky delivers these items to the carrier.12. Product information
Shmelevsky attempts to be accurate in describing its products and services on the site. We do not warrant that product and service descriptions or other content of this or any other site are complete, reliable, current, or error-free.
We have made every effort to display as accurately as possible the colors of our products that appear on the site. However, as the actual colors you see depend on your computer monitor and other factors beyond Shmelevsky's control, we cannot guarantee that your computer's display of any color on the site will be accurate.
Shmelevsky does not promise that the functional aspects of the site or Shmelevsky's content will be error free or that this site, Shmelevsky content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up to date virus checking software installed.13. Disclaimer of warranties and limitations on liability
The site is provided by Shmelevsky on an "as is" and "as available" basis. To the maximum extent permitted by law, Shmelevsky makes no representations and warranties of any kind, express or implied, as to the operation of the site or the information, content, third-party content, materials, products, services, or linked services provided on or through the site, including without limitation, that the information provided through the site will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; that the site will be available at any particular time or location; that defects or errors in the service will be corrected; or that the content on the site is free of viruses or other harmful components. Any information on the site is subject to change without notice, and we disclaim all responsibility for these changes. You expressly agree that your use of the site is at your sole risk.
To the maximum extent permitted by law, Shmelevsky disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
In no event will Shmelevsky, or any party involved in creating, producing, or delivering the site, be liable for any damages of any kind arising from the use of the site, including, but not limited to, direct, indirect, incidental, exemplary, punitive, special, and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use the site or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to Shmelevsky through the site; or in connection with any failure of performance, error, omission, interruption, defect, delay in operation, or transmission, computer virus, or line or system failure, whether in an action under contract, negligence, tort, strict liability, or any other theory, even if we have been previously advised of the possibility of such damages. Certain states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.14. Indemnification
You hereby agree to indemnify, defend, and hold Shmelevsky, its licensors, licensees, distributors, agents, representatives, and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers, and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, and assigns (collectively, the "indemnified parties") harmless from and against any and all losses, damages, liabilities, and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the indemnified parties in connection with any claim arising out of any breach by you of this terms and conditions including the use by any other persons accessing this site using your internet account caused by your action or inaction.
You shall use your best efforts to cooperate with Shmelevsky in the defense of any claim. Shmelevsky reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
15. Miscellaneous legal provisions
Shmelevsky may discontinue this site at any time and for any reason, without notice. Shmelevsky may change the contents, operation, or any and all other features of this site at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Shmelevsky as a result of this terms and conditions or your use of the site. nothing contained in this terms and conditions is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the site or information provided to or gathered by us with respect to such use. A printed version of this terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative documents and records originally generated and maintained in printed form.
Shmelevsky 's failure to enforce any provision of this terms and conditions or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this terms and conditions or to act with respect to similar breaches.
If any provision in this terms and conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This terms and conditions constitutes the entire and final agreement regarding the site and its contents and supersedes any prior or contemporaneous communications between you and Shmelevsky regarding the site and its contents.
All rights not expressly granted here in are here by reserved to Shmelevsky.
If you have any questions or concerns regarding privacy on our Site, please send us a detailed message at info@Shmelevsky.com
. We will make every effort to resolve your concerns.