Public offer

This document, in accordance with paragraph 2 of Article 407 of the Civil Code of the Republic of Belarus (hereinafter – the “CC RB”), has the status of a written public offer addressed to individuals.
The Contract shall be deemed concluded from the moment of acceptance of the offer (acceptance of the Offer). By ordering Goods through the online store https://belivria.com, the Buyer accepts and unconditionally agrees with all the terms and conditions set out in this Agreement and with the information posted on the Seller’s website.
This contract is concluded between EvaAlliance LLC, hereinafter referred to as the Seller, on the one hand, and an individual, hereinafter referred to as the Buyer, on the other hand.

BASIC CONCEPTS

The following terms are defined in this Contract and shall have the following meanings:
Buyer – a natural person who places orders and purchases Goods from the Seller through belivria.com online store for his personal, family, household and other needs.Offer – an offer addressed to one or several specific persons, which is sufficiently definite and expresses the intention of the person who made the offer to consider himself as having concluded a contract with the addressee who will accept the offer; Acceptance – the response of the person to whom the Offer is addressed about its acceptance. Acceptance must be full and unconditional; Contract – an agreement of the parties on the sale and purchase of Goods by samples outside the trade object, concluded by means of Acceptance of the Offer; Site – a set of static and dynamic pages located at different addresses within the domain name belivria.com, the rights of administration of which belong to the Seller, and which hosts the online store belivria.com, allowing the Buyers to purchase the Goods on the terms of this Offer; Seller – EvaAlliance Ltd. selling the Goods to the Buyers under the Agreement of retail sale by samples; Buyer – a natural person specified (mentioned) by the Buyer when forming the Order or a natural person to whose address the Seller delivers the Goods, vested by the Buyer with all necessary powers and formalities for acceptance of the Goods, inspection of their quantity, quality, assortment, completeness (set), packaging (tare), and, if necessary, the Buyer’s right to inspect the Goods, and, if necessary, the Buyer’s right to do so.Order – a form duly filled in by the Buyer, containing information about the Goods to be purchased, selected methods of delivery and payment for the Goods, sent to the Seller using the Website. Confirmation of acceptance of the Order for execution by the Seller is an Acceptance of the Offer.Delivery – a service of transferring the Goods with the help of third parties from the Seller to the Buyer; Payment – the fact of receipt of money for the ordered Goods to the Seller’s settlement account.Registration – a set of actions of the Buyer on the Site, which allows to identify him/her among other Buyers of the Seller in the online store.My Account – a page of the Website, located at http://belivria.com/my-account/, which reflects information about the Buyer’s Orders, contact information and Delivery Address.
1. General Provisions
1.1 The sale of the Goods by the Seller to the Buyer is governed by the current legislation of the Republic of Belarus, including: Civil Code of the Republic of Belarus, Law of the Republic of Belarus “On Protection of Consumer Rights”, Resolution of the Council of Ministers of the Republic of Belarus dated 15.01.2009 No. 31 “On Approval of the Rules of Retail Trade by Samples” and other normative legal acts of the Republic of Belarus regulating retail sale relations.
This Contract, concluded in the form of Acceptance of the Offer, is drawn up in accordance with paragraph 2 of Chapter 30 of the Civil Code of the Republic of Belarus “Retail sale”, other normative legal acts of the Republic of Belarus regulating retail sale, does not require bilateral signing and is valid in electronic form.
1..2. This Agreement shall be deemed concluded from the moment of confirmation of acceptance by the Seller of the Buyer’s placed Order for execution.
1.3. Amendments or additions to this Offer shall be made by the Seller unilaterally, without the consent of the Buyer. Notification of Buyers about changes (amendments) to this Offer is carried out by mandatory posting of a new version of the Offer on the Site. All amendments (additions) made by the Seller to this Offer shall come into force and become binding on all Buyers from the moment of posting a new version of the Offer on the Site. In case of disagreement with the changes of the Offer, the Buyer has the right to unilaterally withdraw from the Agreement. All annexes, amendments and supplements to this Offer are its integral and integral part.
1.4. Use of the Site implies mandatory full and unconditional consent of the Buyer with this Offer, otherwise the Buyer will not be given the opportunity to place Orders for the Goods.
1.5. The Buyer agrees to the transfer to the Seller and processing by the Seller of his personal data and information on the Order or Orders. The Buyer agrees and grants to the Seller the right to transfer his personal data specified when placing an Order to transportation companies and courier services and agrees to the processing of his personal data by such companies.
1..6. Relations between the Seller and the Buyer are governed by the Civil Code of the Republic of Belarus from 07.12.1998 № 218-З, the Law of the Republic of Belarus from 09.01.2002 N 90-З “On Protection of Consumer Rights”, the Decree of the Council of Ministers of the Republic of Belarus from 15.01.2009 N 31 “On Approval of the Rules of retail trade by samples” and other normative legal acts of the Republic of Belarus regulating relations of retail sale and purchase.
1..7 This Agreement is an official document of the Seller and an integral part of the Offer.
2. Product Information
2.1. The right holder of all textual information, some graphic, photo and video images of the Goods placed on the Website is the Seller. The Buyer and third parties are not entitled to use the above mentioned objects without a reverse active DoFollow hyperlink to the Seller’s Website.
2.2. The text, graphic and video content of the Goods presented on the Website is of a reference nature and cannot be taken as a guarantee of the availability of the described properties and characteristics of the Goods. To clarify information on the Goods, the Buyer may contact the Seller using the Seller’s contact details.
3. Registration at
3.1 By using the Site the Buyer confirms familiarization with the terms of this Offer and other information posted on the Site and regulating the relationship between the Parties.
3.2. Registration of the Buyer on the Site is carried out by successive performance of the following actions:
Familiarization with the terms of this Offer and other information regulating the relationship between the Parties and posted on the Site and filling out the registration form. After Registration on the Site, the Buyer gets access to the Personal Account, which reflects contact information, information about the Orders made and completed by the Buyer, individual discounts and rewards. Access to the Personal Account is carried out using the login and password specified by the Buyer.
3.3. The Buyer has the right to use the Site and place Orders without registration on the Site.
In this case, information about the Buyer’s Order will be provided only through e-mail address.
3.4. Regardless of the way of using the Site – with or without registration:
The Buyer confirms and warrants that he is familiar with the terms of this Offer and other information governing the relationship between the Parties and posted on the Site.
3.5. The Buyer is solely responsible for the accuracy of the information provided to the Seller for processing the Order.
3.6. The Seller is not responsible for any adverse consequences associated with the loss of the Buyer’s Order. 3.6. All negative consequences associated with the loss of registration data giving access to the Personal Account shall be borne by the Buyer. If the Buyer suspects the security of his login and password or the possibility of their unauthorized use by third parties, the Buyer undertakes to immediately notify the Seller by sending an e-mail to [email protected] or contact the Seller using other contact details of the Seller.
3.8. The Seller reserves the right to unilaterally delete the Buyer’s account on the Site or restrict the Buyer’s access to the Site without explanation.
4. Order placement
4.1 Order placement can only be made through the Site by adding the purchased Goods to the shopping cart and placing the Order using the appropriate form.
4.2 The data provided by the Buyer includes, but is not limited to the following fields: name and surname of the Buyer or other person receiving the Order in the interests of the Buyer, method and address of delivery of the Order, postal code, method of payment, contact phone number and Email.
4.3. To process the Order, the Buyer shall send the completed Order to the Seller by clicking the appropriate button on the Order placement page.
4.4. The Buyer may specify a third person authorized by him to receive the Order in the interests of the Buyer. In this case, the power of attorney to represent the interests of the Buyer shall be deemed to be issued directly to the third party in accordance with paragraph 1 of Article 186 of the Civil Code of the RB. In case of prepayment of the Order by the Buyer, the Seller has the right to request a copy of the payment document for the sold Goods upon delivery of the Goods.
4.5 By placing the Order, the Buyer accepts and confirms its consent to the terms and conditions of the Offer Agreement.
5. Order acceptance
5.1 The Order shall be deemed accepted by the Seller after the Buyer receives an e-mail message at the e-mail address specified when placing the Order. The Order is subject to fulfillment by the Seller within the terms specified in the Payment and Delivery section.
5.2. After receiving the Order, the Seller has the right to call or contact the Buyer by other means of communication to confirm the Order. The Seller reserves the right to cancel the Buyer’s Order with or without prior notice to the Buyer.
6. Terms of payment for the goods
6.1. The price of the Goods is indicated on the Site directly next to the Goods, on each page of the Goods that are available for Ordering. The price of the Goods is stated and payable in Belarusian rubles. The price of the Goods includes taxes applicable in accordance with the current legislation of the Republic of Belarus. A natural person as a buyer – non-resident of the Republic of Belarus shall pay for the purchase of goods in Belarusian rubles, euros or US dollars depending on its geolocation in accordance with paragraph 2 of Article 5 of the Law of the Republic of Belarus of 22.07.2003 № 226-З “On Currency Regulation and Currency Control”, p.15, p.24 Rules for Currency Transactions approved by the Resolution of the Board of the National Bank of the Republic of Belarus No. 72 dated 30.04.2004, as well as according to the Letter of the National Bank of the Republic of Belarus No. 31-12/273 dated 12.03.2015 “Permission for Settlements in Foreign Currency”.
6.2. The Seller has the right to unilaterally change the price of the Goods without notice before the Buyer places the Order.
6..3 The Seller has no right to change the price of the ordered Goods in the Buyer’s Order after the Order has been accepted by the Seller in the manner specified in Section 5 of this Offer.
6.4 Payment for the Goods is made by one of the available methods, depending on the Buyer’s location, specified in the Payment and Delivery section.
6..5 When paying for the Goods, it is possible to link a card, in which case further payments for the Goods are made without confirmation by the cardholder using the stored card token.
7. Order processing and delivery
7.1. The Seller delivers the Goods to the countries specified in the Payment and Delivery section. Goods within one Order are delivered simultaneously. At the Buyer’s request, the Goods from several Orders may be formed into one shipment and delivered simultaneously. In this case, the delivery terms are calculated from the moment of the last Order from the combined ones.
7.2. The term, method and cost of delivery of the Order are defined in the Payment and Delivery section of the Seller’s Website. The Buyer may agree specific delivery terms with the operators when confirming the order.
7.2.1. If the Buyer refuses to purchase all or part of the delivered Goods upon delivery of the Goods, the Buyer is obliged to reimburse the Seller for the cost of delivery.
7..3 The Seller has the right to unilaterally increase or decrease the agreed delivery time.
7.4 The Seller shall not be liable for possible delays in delivery due to unforeseen circumstances that occurred through no fault of the Seller and which could not be foreseen. If the Goods are delivered by courier service, the specific time of delivery shall be agreed directly with the representative of the courier service. If the Seller and/or courier service representatives fail to contact the Buyer at the coordinates left by the Buyer within 3 (three) days, the Order may be canceled and returned to the Seller.
7..5. When the Buyer orders the Goods on delivery terms, the Seller shall make every effort to comply with the delivery terms of the Goods specified on the Website or agreed with the Buyer after placing the order, without excluding the reasons that may arise and affect the delivery terms in the form of unforeseen events and circumstances that occurred through no fault of the Seller.
7..6 The transfer of title to the Goods, as well as the risk of accidental loss or accidental damage to the Goods shall be transferred to the Buyer or the Recipient at the moment of transfer of the Goods or when the Buyer or the Recipient of the Goods signs the documents confirming the delivery of the Goods.
7.7 Delivery of the Goods to the Buyer shall be made to the address specified by the Buyer when placing the Order. The Buyer is fully responsible for incorrectly provided information at the time of placing the Order.
7.8. At the time of delivery of the Goods, the Buyer shall carefully check the integrity of the product packaging. Having verified the integrity of the packaging, the Buyer shall sign the document confirming the delivery of the Goods. If there are any defects in the packaging, the Buyer shall draw up an appropriate act together with a representative of the courier service.
7.9. In the absence of full payment for the Goods, the transfer of the Goods to the Buyer shall not be made. It is prohibited to open the packaging before payment for the Order.
7.10. The Goods must be inspected with preservation of their trade dress.
7.11. Claims to the quality of the Goods, which arose after the delivery of the Order, are considered in accordance with the Law of the Republic of Belarus “On Protection of Consumer Rights”.
Perfumes and cosmetics are included in the list of non-food goods of proper quality, not subject to exchange and return.
8.Order cancellation and return of goods of improper quality
8.1. The Order in the Internet-shop belivria.com can be canceled at any moment before its shipment to the delivery service. In order to cancel the Order it is necessary to inform one of the contacts specified in the corresponding section.
8.2. To return the Goods of improper quality the Buyer should take a picture of the Goods, accompanying documents and send it to the Seller by any convenient way from those presented on the Website.
8.3. The refund is described in clause 10 of this Agreement.
9. Claims regarding goods of improper quality or absence of goods in the parcel
9.1. Goods of improper quality are goods that have defects and cannot ensure the fulfillment of their functional qualities. The difference of design or decoration elements from the description stated on the Website is not a sign of improper quality.
9.2. To return or exchange the Goods of improper quality, the Buyer must perform the actions set out in section – 8. of this Public offer.
9.3. In case of returning the goods of improper quality or mixed up article postage for the return will be reimbursed to the Buyer after processing. At the Buyer’s request, the Seller will exchange the Goods or refund the paid price of the Goods.
10. Refunds
10.1. Refunds are made on the basis of a written application specifying full name and details for the refund. Confirmation of the fact of payment with the provision of supporting documents is a mandatory condition for the refund.
10.2. When paying for the order by bank card, the refund is made only to the bank card from which the payment was received. The refund period is up to 30 days and depends on the bank that issued the card.
10.3. Claims for a refund of the money paid for the goods are subject to satisfaction within 7 (seven) days from the date of receipt of the returned goods by the Seller (basis: Clause 1 of Article 25 of the Law of the Republic of Belarus “On Protection of Consumer Rights”). Law of the Republic of Belarus “On Protection of Consumer Rights”).
11. Warranties and Liability
11.1. The Seller is not liable for any damage caused to the Buyer or the Recipient due to improper use of the Goods purchased from the Seller’s online store.
11..2. The Seller may assign or otherwise transfer its rights and obligations arising from its relations with the Buyer or the Buyer to third parties.
11.3. The Seller is not liable for the Buyer’s losses incurred as a result of:
– providing false information when placing an Order, including incorrect identification information such as Surname, First Name, Address, Email, Phone number;
– illegal actions of third parties.
11.4.

The Parties shall be released from liability for full or partial failure to fulfill their obligations if such failure was caused by force majeure circumstances that arose after the entry into force of this Agreement and/or as a result of extraordinary events that the Parties could not foresee and prevent by reasonable measures.
11.5 For failure to fulfill or improper fulfillment of their obligations, the Parties shall be liable in accordance with the applicable laws of the Republic of Belarus. xml-ph-0001@d In case of any questions or claims on the part of the Buyer or the Recipient, the Buyer or the Recipient shall contact the Seller by any of the contacts specified on the Website of the Online Store.
11.9 11.9 Pre-trial (claim) dispute settlement procedure is mandatory by submitting a written claim (by registered mail) by one of the Parties. The term of consideration of the claim is 30 (thirty) working days from the moment of its receipt by one of the Parties. If no agreement on the dispute is reached, the disputes shall be resolved in court in accordance with the current legislation of the Republic of Belarus.
11.10. For the use of the Buyer’s alienated funds payable by the Seller under the terms of Article 366 of the Civil Code of the Republic of Belarus, Article 24 of the Law of the Republic of Belarus of 09.01.2002 No. 90-Z “On Protection of Consumer Rights”, the Seller shall pay to the Buyer for all the time of use of the alienated funds interest on the amount of these funds in the amount of one percent of the price of the goods on the day of delivery. At the same time, interest for the use of alienated funds shall be charged from the Seller not more than for ten calendar days of their use (wrongful withholding, evasion from their return, other delay in their payment).
12. Other terms and conditions
12.1. The Seller has the right to make restrictions on the Goods delivered to the Buyer at the same time.
12..2. The Seller has the right not to confirm or cancel the order and notify the Buyer about it, refuse to pay or sell the Goods at the specified price, if it was the result of a technical error or illegal actions on the part of third parties.
12.3. The law of the Republic of Belarus shall apply to the relations between the Buyer and the Seller.
12.4. All notifications shall be made by the methods specified in this Offer. All notices sent by e-mail shall be valid if they are made using the addresses specified in this Offer, Order or registration form.
Privacy Policy www.belivria.com for Facebook Application
The Application collects certain Personal Data of Users.

This document can be printed for reference using the Print command in any browser’s settings.

Data Owner and Data Controller
EVAALIANCE LLC
Address: BELARUSSY, MINSK, ul. OLESHEVA, DOM. 9, OFF. 5, POOM, 220090
UNP: 193765462
“Current (settlement): BY83ALFA30122F03910010270000 in BYN in CJSC “Alfa-Bank”,
BIK: ALFABY2X”
Contact e-mail address of the Owner: [email protected]

Categories of Data Collected
Owner does not provide a list of the categories of Personal Data collected.
Full details of each category of Personal Data collected are provided in the relevant sections of this Privacy Policy or in specific explanatory text that is displayed on the screen prior to the collection of the Data.Personal Data may be self-reported by the User or, in the case of Usage Data, may be collected automatically by the Application when it is used.Unless otherwise specified, all Data requested by the Application are mandatory. If the said Data is not provided, the Application may not be able to provide its services. In cases where the Application expressly indicates that certain Data is not mandatory, Users are entitled not to report the relevant Data without any consequences in terms of the availability or functioning of the Service.Users who are unsure which Personal Data is mandatory are advised to contact the Owner.The Application or owners of third-party services that the Application engages use Cookies (or other tracking tools) solely for the purposes of providing the Service required by the User, as well as any other purposes specified herein and in the Cookie Policy (if any).
Users are responsible for any Third Party Personal Data they receive, publish or provide to others received, published or transmitted through this App and acknowledge that they have obtained the consent of the relevant third party to provide the Data to the Owner.

Method and place of Data processing
Processing methods
The Owner shall take adequate security measures to prevent unauthorized access to, disclosure, alteration or unauthorized destruction of Data.The Data shall be processed using computers and/or information technology (IT) enabled tools in accordance with organizational procedures and methods strictly related to the specified purposes. In some cases, Data may be made available, in addition to the Owner, to certain categories of responsible persons who are involved in the operation of this Application (administration, sales, marketing, legal, system administrators) or to third parties (such as third-party technical service providers, postal organizations, hosting service providers, IT providers, communication services) to whom the Owner assigns, if necessary, the function of Data Processor. An up-to-date list of such persons and parties may be requested from the Owner at any time.
Legal Basis for Processing
The Owner may process Personal Data relating to Users if one of the following criteria applies:
– Users have consented to the use of the Data for one or more specific purposes. Note: Under the laws of some jurisdictions, the Owner may be permitted to process Personal Data until the User objects (“opt-out”), without having to rely on consent or any other legal basis among the following.
However, the above does not apply when the processing of Personal Data is governed by European data protection legislation;
– the provision of the Data is necessary for the performance of an agreement with the User and/or any obligations precedent to the conclusion of the agreement;
– the processing is necessary for the performance of a statutory duty imposed on the Owner;
– the processing is related to a task that is carried out in the public interest or in the exercise of official duties; – the processing is necessary for the fulfillment of a legal obligation imposed on the Owner; – the processing is related to a task that is carried out in the public interest or in the exercise of official duties.
In any case, the Owner will gladly help to clarify the specific legal basis applicable to the processing and, in particular, whether the provision of Personal Data is a statutory or contractual requirement or a requirement necessary for the conclusion of a contract.
Location
Data is processed at the Owner’s operational offices and at any other location where the parties involved in processing the Data are located.Depending on the User’s location, data transfer may involve the transfer of the User’s Data to a country outside of the User’s own country. For more information on where such transferred Data will be processed, Users may refer to the section containing details on the processing of Personal Data.
Users also have the right to know the legal basis for transferring Data to a country outside the European Union or to any international organization governed by public international law or established by two or more countries, such as the United Nations, as well as the security measures taken by the Owner to protect their Data.
If such a transfer is made, Users may obtain additional information by reading the relevant sections of this document or request it from the Owner using the information provided in the contact information section.
Retention period
Personal data must be processed and stored for as long as it is required for the purposes for which it was collected.
Thus:
– Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract is fully performed.
– Personal data collected for the purposes of the legitimate interests pursued by the Owner is retained as long as it is necessary for the fulfillment of such purposes. Users can find specific information about the legitimate interests pursued by the Owner in the relevant sections of this document, or by contacting the Owner.
The Owner may be permitted to retain Personal Data for a longer period of time if the User has consented to such processing, until such consent is withdrawn. In addition, the Owner may be obliged to retain Personal Data for a longer period of time if this is required to fulfill a statutory obligation or if ordered by an authority.
Upon expiration of the retention period, Personal Data is deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be exercised after the expiration of the retention period.

Purposes of Processing
The collection of Data relating to the User is done to enable the Owner to provide the Service, comply with legal requirements, respond to law enforcement requests, protect its rights and interests (or the rights and interests of Users or third parties), detect any malicious or fraudulent activity, and for the following purposes: Accessing accounts on third-party services.
Users can find specific information about the Personal Data used to achieve each purpose in the section “Details of Personal Data Processing”.

Deleting Personal Data
To delete Personal Data, the User should send a request to [email protected] or send a message to whatsapp +375259004540
How long does it take to delete data?
If you request deletion of your data, it may take up to 30 days after the deletion process begins or after receiving a deletion request.
Facebook access rights requested by the Application
The Application may request certain Facebook access rights that allow you to use your Facebook account provided by Facebook Inc. Through this service, the Application may connect to the User’s Facebook account provided by Facebook Inc.
For more information about the following access rights, please refer to the Facebook Access Rights Documentation and Facebook Privacy Policy.
The following access rights are requested: Basic Information and Email.

Details on the processing of Personal Data
Personal Data is collected for the following purposes and through the following services:
– Access to accounts in third-party services
Through these types of services, the Application can access and perform operations on Data using your account in a third-party service.
These services are not automatically activated, but require explicit authorization from the User.
Facebook Account Access (Facebook, Inc.)
Through this service, the Application can connect to the User’s Facebook account provided by Facebook, Inc.
Permissions Requested: Email.
Place of processing: USA – Personal Data Privacy Policy.
Rights of Users
Users may exercise certain rights in relation to their Data processed by the Owner.
In particular, Users have the right to perform the following actions to the extent provided by law:
– Withdraw their consent at any time. Users have the right to withdraw consent if they have previously given their consent to the processing of their Personal Data.
– Object to the processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on any legal basis other than their consent. For more information on this matter, please see the relevant section below.
– Gain access to your Data. Users have the right to find out whether the Data is processed by the Owner, to receive information about certain aspects of the processing and to receive a copy of the Data being processed.
– Verify the Data and request a correction. Users have the right to verify the accuracy of their Data and request that it be updated or corrected.