TERMS AND CONDITIONS OF SALE

General terms and conditions for the sale of BEGGANI® products via the BEGGANI® online store.

Welcome to the online store www.beggani.com (BEGGANI®). In addition to the General Terms and Conditions of Sale you can read the Website Terms of Use, Privacy Policy, Cookie Policy and Information Notices. We wanted to provide you with some additional terms and conditions of sale (the “General Terms and Conditions of Sale”) regarding your purchase, including, our products and its availability, shipping, returns policy and other information and terms.

It is understood that by placing an order on the BEGGANI® online store (the “Store”) located at http://www.beggani.com (the “Website”), the customer (“Customer”) fully and unreservedly acknowledges and accepts these General Terms and Conditions of Sale, the Website Terms of Use, the Website Privacy Policy, the Online Store Privacy Policy and Information Notices, all of which form an integral and substantial part of these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale do not govern the provision of services, or the sale of products by subjects other than BEGGANI®, even in cases in which they are presented on the Website via links, banners or other hypertext links. Therefore, before placing an order and/or purchasing products and services from subjects other than BEGGANI®, the Customer should check the conditions of sale which apply to such transaction. In no case can BEGGANI® be held liable for the provision of services by third parties.

Seller Identification.

For purposes of these General Terms and Conditions of Sale, the Seller and Owner of the Patented BEGGANI® Trademark and the Patented Fine Art Trademark (Two United Birds) worldwide is Entrepreneur Dmytro Zaichenko, ITN 2762719879, Customer Service Department: support@beggani.com.

1. Product Orders

Orders may be placed for all countries around the world and directly by persons of legal age as defined by the law of their country. By placing an order, you represent and warrant that you meet these requirements.

Orders can be placed in English through this Store or by contacting BEGGANI® Customer Service 24 hours a day, 7 days a week.

Customer must provide BEGGANI® with a valid email address to which the necessary information, information in accordance with these General Terms and Conditions of Sale and any order-related information will be sent.

BEGGANI® reserves the right to change the limits on the quantities and/or types of items that can be purchased online at any time. Furthermore, BEGGANI® reserves the right not to accept orders that are incomplete, incorrect or if products are unavailable. Should BEGGANI® exercise such rights, BEGGANI® shall inform the Customer that BEGGANI® has exercised such rights, stating the reasons therefor. The Customer shall be responsible for the selection of the products of interest. The Customer's shopping basket and the order summary sent to the Customer after completion of the purchase includes a description of the ordered goods, including sizes and dimensions (as the case may be), as well as a digital photo to provide a sample image of the goods available on the website.

Although BEGGANI® has taken reasonable measures to ensure that the images in the Shop accurately represent the original products, including by technological means that minimise inaccuracies, some variations are possible due to, among others, the technical features of the Customer's computer and color resolution. Consequently, BEGGANI® will not be liable for inaccuracies in the graphic representation of BEGGANI® products in the Shop.

The Customer shall click on the cart icon to view the selected products and the total price of the ordered products. The Customer is asked to check the contents of the shopping cart before completing the purchase form in accordance with the instructions provided in the Shop, and to confirm that he has read and accepted these General Conditions of Sale.

2. Product prices

Product prices include standard shipping costs, unless otherwise stated in the Shop or on the order page. Product prices do not include all taxes and fees.
BEGGANI® reminds you that the issuing bank of the Buyer's payment card performs currency conversions. All payments on the website will be made in EUR. Whereas the contents of your shopping cart are currently displayed in the currency of your country, you will pay in EUR.
All selected products on www.beggani.com are paid in EUR.

3. Completing the order

The purchase procedure is complete once the Customer confirms the order. Upon confirmation, the order is sent directly to BEGGANI®. The Customer may correct the order before confirmation or can cancel the order before its completion by leaving the Website without having confirmed the order.

It expressly understood that the Customer's order is binding once the confirmation of successful completion of the order is sent by BEGGANI® by e-mail, at the address indicated by the Customer during the order process. Such confirmation includes the number and date of purchase, the product ordered, its price, the amount paid and any right to return product.

The Customer may access the order in the "Orders" section, which also includes a history of past orders.

The customer may cancel the order by e-mail at support@beggani.com to BEGGANI® Customer Service only before the ordered products have been dispatched.

4. Conditions of payment

The Customer must make payment via one of the methods of payment indicated on the order form.

For payment via credit card, the amount will be debited from the Customer's credit card at the time the order is shipped.

For payment, the Customer must confirm on the Website that he/she is the card holder and that the name indicated on the credit card is his/hers; the Customer must provide the credit card number, expiry date and security key indicated on the card. Upon completing the order, the Customer's bank may request confirmation of the data entered and that the credit card used has not been reported lost or stolen. BEGGANI® does not debit any amount from the credit card until the articles ordered have been shipped.

Without prejudice to the previously mentioned article 4, the payment of products purchased on the website BEGGANI.com can be paid via PayPal. Should the Customer choose PayPal as their payment method, they will be redirected to the website www.paypal.com where the payment for the products will be carried out following the procedure envisaged and regulated by PayPal and the contract terms and conditions as agreed between the user and PayPal. The data entered on the PayPal website will be handled directly by PayPal and will not be sent to or shared with BEGGANI®. BEGGANI® therefore has no knowledge of and cannot record in any way the details of the credit card connected to the Customer's PayPal account or any other payment instrument connected to said account.

In the event of payment via PayPal, the total amount due will be debited by PayPal from the Customer at the conclusion of the online contract. In the event of the termination of the purchase agreement and for any other type of refund, for any reason, the refund will be credited to the Customer's PayPal account. The time required to credit the payment instrument connected to said account depends exclusively on PayPal and the banking system. Once the credit order in favour of said account has been arranged, BEGGANI® cannot be held responsible for any delays or omissions in crediting the Customer with the refund. To contest these cases the Customer must contact PayPal directly.

The Customer expressly acknowledges and agrees that, when entering their data into the PayPal website to make their first purchase, a specific procedure entitled "Reference Transaction" will be automatically activated, which - through an automatic Customer recognition system - will allow them to complete any future orders with PayPal without having to sign in using their credentials again. The Customer can disable the "Reference Transaction" at any time by going to the specific section 3.11 (Cancelling Recurring Payments) of the PayPal website (https://www.paypal.com/us/webapps/mpp/ua/useragreement-full).

5. Delivery

After completing the order, the Customer can follow the delivery status of the order in his personal account on the BEGGANI® website. The Customer may also contact BEGGANI® Customer Support via email at support@beggani.com for information on delivery.

Without prejudice to the following exclusion, products shall only be delivered to the address specified by the Customer worldwide.

As a rule, BEGGANI® shall fulfill orders within a maximum of 7 days from the date of order confirmation, unless the order has been cancelled in accordance with Article 3 above or as otherwise specified herein.

The Customer has the following delivery options:

1. Standard shipping with courier delivery will be generally made within 3-5 business days from when the Customer receives confirmation that the
order has shipped;

2. Express shipping Service: with delivery generally within 2 business days from when the Customer receives confirmation that the order has shipped.

3. Overnight shipping Service: with delivery generally within the following business day for orders placed before 1PM EST. Orders placed after 1PM
EST on weekdays or over the weekend will be processed the following business day with delivery the day after.

The delivery terms are merely estimates only. BEGGANI® kindly invites its Customers to always check when the item will arrive, because the products are shipped with required signature. Further, these estimated delivery times do not apply with respect to Pre-ordered and Personalized Products. Please see below for more details.

Standard shipping is not available for Hawaii, Alaska or Puerto Rico. The additional costs of Express Service in option 2 will be charged to the Customer.

All shipping costs, including additional costs charged to the Customer are itemized in the order form at the time of purchase on the Website.

Before the products have been actually shipped, the Customer may contact Customer Service should he/she wish to change the delivery date and BEGGANI® will reasonably try to accommodate such request. In any case, the e-mail sent by BEGGANI® to the Customer contains a tracking code and an exclusive link to track the shipment in real time. BEGGANI® Customer Service can provide assistance for any delivery problems.

The Customer is responsible for the loss or damage to the products ordered, for which BEGGANI® is not responsible, beginning at the time at which the Customer or a third party designated by the Customer and different from the carrier takes delivery of the products.

Therefore, if, at the time of delivery, the exterior of the package is damaged, the Customer or other recipient, in the case of a gift, must open the package in the presence of the carrier to check the condition of the product inside.

If the product is damaged, the Customer (or recipient) must detail all observed damage on the delivery note. Any claims must be made as described in article [7] below.

Should the Customer make a claim for loss, non-compliance or damage to the product, BEGGANI® will replace the product free of charge when available, or refund the Customer, upon express Customer request, according to the terms and conditions described below.

6. Conformity of the order

The Customer must check the products at the time of delivery, in order to ascertain that they match the articles ordered and have no manufacturer's or conformity defects.

Should the delivered product not conform to the order, the Customer has the right to have the products brought into conformity at no charge, through repair or replacement, unless the requested remedy is objectively impossible or excessively costly with respect to the other.

If product repairs or replacement are not performed within a reasonable amount of time from the Customer's request, or are impossible or excessively costly, the Customer may request an appropriate price reduction or a refund of the purchase price. It is understood that the Customer loses said right if he/she does not report the conformity defect to BEGGANI® within fourteen (14) days of the date at which the latent defect was discovered.

If the order is returned and the credit card has already been debited, the Customer will be promptly. In the same way, if payment is made via PayPal, and the amount is debited at the time of order, the Customer will be promptly refunded via PayPal.

BEGGANI® must be notified of any Customer's request for one of the remedies listed above using a return form that can be downloaded from BEGGANI.com or via a report sent by email to support@beggani.com to Customer Support.

The guarantee procedure above for conformity defects can be applied only for defective products purchased on the Website.

7. Returns and Refunds

The Customer's right of return must be exercised as described below.

The right of return must be exercised by the Customer within fourteen (14) days of the date of delivery to the Customer or a third party on its behalf. To exercise the right of return, the Customer must contact Customer Service or follow the online procedure and obtain a return code. Once the Customer has obtained a return code, he/she must contact UPS for pick up and attach the printed return label on the package.

For the return to be accepted by BEGGANI®, the products must be returned within 14 days of the date on which the Customer informed BEGGANI® of his/her wish to return the purchase with the return form via the online procedure or by telephone to Customer Service, in order to obtain a return code, and respecting the following conditions:

1. The products must be returned in their original packaging (box, accessories, inserts, protection, leaflets, etc.).

2. The products must be accompanied by the purchase receipt.

3. Products returned by the Customer must not have been damaged, used, worn or washed. The soles of shoes must be perfectly intact. BEGGANI® strongly recommends that Customers try on BEGGANI® shoes on a particularly soft and smooth surface.

4. Labels and security tags must still be attached to the products.

5. Damaged goods being returned must be in the condition in which they were received by the Customer. The Customer must not attempt to modify, handle or repair them.

BEGGANI® reserves the sole right to refuse returns of products that have been damaged, are incomplete, deteriorated and/or soiled or in any state clearly indicating that the products have been used, or products returned after the deadline indicated above, or lacking a return form.

BEGGANI® also reserves the right to demand compensation for any damage caused by the Customer's negligent conduct or misconduct when returning products. BEGGANI® cannot be held liable for lost or stolen products beyond its control, or for returns to the wrong address, or for delivery delays of returned products beyond its control, it being understood that the Customer assumes all risks of returns. The Customer is also responsible for providing proof of return.

In the event of return, the Customer will be refunded all payments made to BEGGANI® for the returned product(s), according to the method of payment chosen for the purchase, including delivery costs (and excluding additional costs for Express shipping Service, described in article 5 above).

BEGGANI® will refund these amounts upon receipt of the returned product or when the Customer proves that he/she has correctly sent the product to BEGGANI®. Refunds are credited to the Customer's current account linked to the credit card used by the Customer for payment, or via PayPal. Refunds are at no charge to the Customer.

8. Product authenticity and intellectual property rights

BEGGANI® guarantees the authenticity and quality of all the products sold on the Website in accordance with Website Terms of Use.
The owner of the patented BEGGANI® trademark and the patented pictorial trademark (Two United Birds) worldwide is the Entrepreneur Dmytro Zaichenko, ITN 2762719879, Customer Service Department: support@beggani.com.

The BEGGANI® trademark, all the figurative and non-figurative marks and in general all other marks, illustrations, images and logos present on BEGGANI® products, accessories and/or packaging, whether registered or not, are and shall remain the exclusive property of the Entrepreneur Dmytro Zaichenko, ITN 2762719879, Customer Service Department: support@beggani.com. Reproduction in whole or in part, modification or use of said trademarks, illustrations, images and logos for any reason and on any medium is strictly forbidden without the prior express approval of the Entrepreneur Dmytro Zaichenko, ITN 2762719879, Customer Service Department: support@beggani.com.
Any combination of said trademarks with other marks, symbols, logos or any distinctive sign suitable for creating a composite logo is also forbidden.

Reproduction in whole or in part, modification or use of drawings, models or patents which are the exclusive property of the Entrepreneur Dmytro Zaichenko, ITN 2762719879, Customer Service Department: support@beggani.com.

 9. Force majeure

Performance of services and sales of products by BEGGANI® may be suspended in the event of a force majeure event preventing or delaying its performance including but not limited to, acts of god, fires, storms, floods, accidents, explosions, epidemics, earthquakes, quarantine restrictions, civil or military authority, acts of public enemy, war, terrorism, acts of the government loss or interruption of electrical power or other public utility, freight embargoes, delays in transportation or other circumstances beyond the control of BEGGANI®.

BEGGANI® will inform the Customer of said unforeseeable events within seven (7) days of its occurrence Should the suspension of the services last more than fifteen (15) days, the Customer may cancel the order and receive a refund of amounts already paid, as in article [7] hereof.

10. Competent jurisdiction and applicable law

These General Terms and Conditions of Sale are governed by and shall be interpreted pursuant to the laws of the Ukraine without regard to any choice of law rules. You agree to bring any and all claims in connection with any disputes arising out of or related to the use of the Website or these General Terms and Conditions of Sale exclusively to the Court of Appeal of Ukraine and you further consent to the jurisdiction of such courts for any claims we bring against you in connection with any disputes arising out of or related to the use of the Website or these General Terms and Conditions of Sale. The Vienna Convention on the International Sale of Goods of 1980 does not apply.

SPECIAL TERMS AND CONDITIONS OF SALE FOR PERSONALIZED AND/OR SPECIALLY PRODUCED PRODUCTS

For certain articles, BEGGANI® also offers the following services:

1. Product personalization through embroidery/printing of initials (hereafter "Personalised Products);

2. Possibility of ordering products that are not yet available in stores at the time of order ("Pre-ordered Products").

For Personalized Products and Pre-ordered Products, the following apply:

1. The special terms and conditions of sale indicated below, and

2. The general terms and conditions of sale indicated above in so far as they are not expressly or implicitly affected by the following special conditions.

The terms used beginning with a capital letter in these special conditions have the same meaning as in the General Terms and Conditions of Sale above.

Article 1: Orders and Payment

For Personalised Products and Pre-ordered Products, the following apply:

1. The Customer acknowledges and accepts that during the use of the personalization service, his/her choice for the creation of the personalized product is saved only for the duration of the current session. Should the current session be interrupted before the order has been placed, a new session must be begun and sent in order to express one's choices regarding the creation of the personalized product.

2. Once the order has been sent by the Customer and confirmed by BEGGANI®, the Customer is informed via e-mail of order acceptance and subsequently of shipping of the personalized products.

The provisions of article 4 of the General Terms and Conditions of Sale apply to the debit of the price of the Personalized Products and/or Pre-ordered Products; [i.e. the credit card is debited when the product is shipped.

Article 2: Delivery of Pre-ordered and Personalised Products

Contrary to that stipulated in article [5] of the General Terms and Conditions of Sale, Personalized Products and/or Pre-ordered Products may be delivered in a time slot indicated on the Website; there is no strict rule for this time slot, rather it varies according to the item. Delivery terms are merely estimates only. BEGGANI® informs the Customer of shipping by e-mail as soon as the products are available. If the Customer purchases several Pre-ordered Products or Personalized Products with different delivery dates in the same order, they may all be shipped together at the latest delivery date, or at BEGGANI® discretion, based on availability.

Article 3: Returns and Exchanges of Personalised Products

Because of the clearly personalized nature of Personalized Products, and the fact that they are produced specifically for the Customer based on a specific order, they cannot be returned, refunded or exchanged. Similarly, the Customer does not have the right to cancel the order, once placed. Pre-ordered Products may be returned in compliance with article [7] of the General Terms and Conditions of Sale.

Consequently, article [7] of the General Terms and Conditions of Sale above are not applicable to sales of Personalized Products.

This is without prejudice to the BEGGANI® obligations under article [6] of the General Terms and Conditions of Sale to the Customer's benefit with respect to defective products.