General Terms of Use
1.1 These general terms and conditions of sale ("General Terms of Use") apply to all sales contracts concluded between Individual Entrepreneur Mykhaliuk Ihor Volodymyrovych ("Unicornsunset" or the "Company") and the client, who may be called the "consumer" in accordance with the current legislation on the protection of consumer rights ("Customer").
1.2 The Customer must read these General Terms and Conditions carefully. By checking the “I accept the General Terms and Conditions” box during the shopping cart checkout, the Customer accepts these General Terms and Conditions and agrees to be bound by their provisions. If the Customer does not accept the General Terms and Conditions, the Customer may not purchase “Unicornsunset” products through the Website. Therefore, the Customer is invited to print and save a copy of the General Terms and Conditions for future reference.
1.3 The General Terms and Conditions govern the Company’s marketing and sales, including of “Unicornsunset” branded products (as well as any digital content and/or services, the “Products”), via the e-commerce website www.unicorn-sunset.com (the “Website”).
1.4 The General Terms and Conditions do not govern the Website provision of services or the sale of products by third parties, even if they are present on the Website through links, banners, or other hypertext links.
1.5 Unicornsunset can be contacted at ecommerce@unicorn-sunset.com and on +44 808 196 1114.
1.6 Purchasing Products through the Website is strictly reserved for persons who:
- Have legal capacity and have reached the legal age in their country of residence.
- Purchase the Products for personal use and not for purposes related to commercial, business, or professional activities.
Unicornsunset will not accept and/or process orders from channels other than the Website or from persons who do not meet the above requirements.
2. Conclusion of the Agreement
2.1 The sending of a purchase order by the Customer (the “Order”) constitutes acceptance of the offer to the public made by Unicornsunset through the Website. Therefore, receipt of the Order by the Company constitutes the conclusion of a binding sales contract concerning the Products selected by the Customer, which shall be entirely governed by the General Terms and Conditions in force at the time of its conclusion (the “Agreement”).
2.2 Before confirming and sending the Order, the Customer must check the summary to ensure that the Products selected and all data provided are correct (for example, the Customer may change the quantity of Products that they intend to purchase by adding or removing one or more from the virtual shopping cart).
2.3 Once the Order has been received, Unicornsunset sends the Customer an e-mail confirming receipt of the Order, containing the number and details of the Order made (“Order Confirmation”).
2.4 Subsequently, Unicornsunset will confirm to the Customer that the Order is being shipped (“Shipment Confirmation”), with the timing depending on the type of shipment that the Customer has selected.
2.5 The Customer must keep the order number on the Order Confirmation to access the after-sales assistance service and for any other communications with the Company.
3. Product Availability
3.1 The Customer may purchase a maximum number of 3 (three) items of the same measure/size per Product.
3.2 Unicornsunset constantly monitors and updates the stock availability of the Products displayed on the Website. However, as the Website may be visited simultaneously by various Customers, it is possible that more than one Customer may intend to purchase or actually purchase the same Product at the same time. In such cases, the Product may appear to be available for a short time, while actually being out of stock or no longer available. If a Product is unavailable for these reasons or in other cases of unavailability, Unicornsunset will promptly inform the Customer within 5 (five) business days at the contact details provided by the Customer.
4. Purchase Procedure
4.1 To purchase a Product through the Website, the Customer may create and/or access the Customer’s account through the account area on the Website or place the Order as a guest without creating an account (“guest” mode). If the Customer makes a “guest” purchase, the Customer must correctly fill in the fields of the relevant form on the Website each time a new purchase is made, entering all the required data (e.g., first name, last name, billing and delivery address, email address, and telephone number) necessary to perform the Agreement.
4.2 The description and essential characteristics of the Products, including details of composition, fit, colors, and sizes (where applicable), are presented on the Website within each product sheet, along with one or more photographic images in digital format. Although Unicornsunset takes measures to ensure that the photographs shown on the Website are faithful reproductions of the original products, the images and colors of the Products offered for sale on the Website may not be perfectly representative of their real characteristics due to the browser and/or devices used to access the Website. Further, Unicornsunset is not responsible for pricing, typographical, or other errors in any offer and reserves the right to cancel any orders arising from such errors. Unicornsunset is not liable for any errors or inconsistencies in the graphic representations of the Products or the descriptions or pricing shown on the Website (collectively, “Product Variations”).
4.3 Without prejudice to Orders already sent and/or Agreements already entered into, Unicornsunset reserves the right to remove any Product from the Website at any time, including for commercial reasons relating to the seasonality of the products.
4.4 To send an Order, the Customer must place the Products to be purchased in the Website’s virtual shopping cart.
4.5 Before completing the purchase, the Customer must confirm that the contents of the shopping cart are correct and enter any promotional code in the appropriate section. If valid, the promotional code will be immediately applied to the amount displayed in the shopping cart. The Customer will then be asked to select the payment method, indicate the billing address, select the chosen shipping method, and specify the shipping address if different from the billing address.
4.6 By placing the Order - after accepting the General Terms and Conditions - and clicking on “pay now,” the Customer expressly acknowledges and accepts the payment obligation. Therefore, after placing the Order, the full cost of the purchase, including the price of the Product and applicable shipping and handling costs, will be charged to the Customer through the payment method selected by the Customer.
5. Price and payment methods
5.1 The price of the Products indicated on the Website (the “Price”), expressed in Dollars or other applicable local currencies, includes all applicable taxes and charges. Shipping costs are not included in the Price unless otherwise indicated on the Website and communicated to the Customer at the checkout stage before the Order is sent.
5.2 Unicornsunset reserves the right to change the Price at any time; however, this will not affect Orders already placed and Agreements already entered into.
5.3 The payment methods available to the Customer, depending on the country, are as follows:
- Credit card (Visa, Mastercard, American Express, Diners, Discover, JCB, and Union Pay) for all countries we ship to;
- Apple Pay, Google Pay.
The payment service is operated by a third-party payment provider, which may vary depending on the payment method selected by the Customer. During the payment procedure, additional payment authentication may be requested by the card issuer or banking institution (such as for the “Verified by Visa” and “MasterCard Secure Code” programs). Unicornsunset cannot be held liable for payment errors through the third-party payment service due to lack of connection or for any direct and/or indirect damages that the Customer may suffer as a result of suspensions or interruptions in the operation of a card issuer’s or banking institution’s systems (including any cyberattacks).
Unicornsunset will perform a standard pre-authorization through the third-party payment service provider on the payment method selected by the Customer. If, for any reason (such as inadequate or insufficient payment details provided by the Customer), the Price cannot be charged, the purchase process will be automatically canceled, no Agreement will be formed, and the Order will not be sent to Unicornsunset. Due to the failure to enter into the Agreement, Unicornsunset will have no delivery obligation toward the Customer, nor may the Customer claim payment of any indemnity and/or compensation for damages.
6. Shipping and Delivery
6.1 The purchased Products are delivered to the Customer at the delivery address specified in the Order.
6.2 Shipping costs and delivery times depend on the type of shipment selected by the Customer during the purchase process and indicated in the Order. The types of shipping available vary by region. Specifically, in certain areas, the Customer may choose between standard and express shipping (where available), as described in detail on the Website during the shopping cart checkout process. More information on delivery costs and times can be found here.
6.3 The Parties agree that the delivery times indicated on the Website are purely illustrative and not guaranteed. However, delivery will be made within 30 (thirty) days from the formation of the Agreement. After receiving the Shipment Confirmation, the Customer can monitor the status of the shipment from the account area on the Website and/or the courier’s website using the shipment tracking number provided in the Shipment Confirmation.
6.4 Upon delivery of the Products by the courier, the Customer (or a representative of the Customer) must verify: (i) that the recipient’s details on the delivery receipt are correct; and (ii) the integrity of the packaging and seals.
6.5 Any damage to the packaging, seals that have been altered in any way, and/or discrepancies with respect to the recipient’s references or documentation must be immediately indicated in writing on the courier’s delivery receipt (signature subject to inspection).
6.6 It is understood between the Parties that orders consisting of multiple Products may be delivered in several shipments.
7. Risks and Ownership
7.1 Ownership of the Products is transferred to the Customer only upon payment of the Price and shipping costs. However, the risk of loss or damage to the Products remains with Unicornsunset or the courier until the Products have been delivered to the Customer.
8. Customisation and Pre-Orders
8.1 For some items, Unicornsunset offers the possibility of:
- Customising products (e.g., by affixing monograms to garments and accessories).
- Pre-ordering products not yet in stock.
8.2 When using the customisation service, the Customer can choose how to customise the Product by selecting options provided by Unicornsunset. Customisation is subject to the limits predetermined by the Company; Unicornsunset will not accept customisation requests beyond these limits.
8.3 The customisation choices made by the Customer on the Website are saved only for the duration of the current session; Unicornsunset does not save unfinished customisation sessions. If a session is interrupted before the Order is placed, the Customer will need to start a new session to customise the product again.
8.4 Products that are not yet available in stock and/or in Unicornsunset stores can be previewed and pre-ordered on the Website. Pre-ordering involves booking the purchase of products that are being produced and/or delivered to the warehouse.
Preview Products can be pre-ordered according to the purchase procedure and methods described in Article 4 (the “Pre-order”). After a Pre-order is placed, Unicornsunset will monitor the availability of the pre-ordered Product and, once it is available, will send the Customer a notification with details on the shipping and delivery schedule (the “Pre-Order Confirmation”). The shipping and delivery terms outlined in Article 6 commence when the Pre-Order Confirmation is sent.
The Price of the pre-ordered Product will be charged to the Customer after the Pre-order is placed through the selected payment method. By clicking on “pay now,” the Customer expressly acknowledges and accepts this payment obligation.
8.5 If a pre-ordered Product becomes unavailable due to production issues, delivery delays, or other commercial reasons, Unicornsunset will promptly contact the Customer using the provided contact details and refund the full Price paid by the Customer without undue delay.
9. Warranty
9.1 Products purchased through the Website are covered by the legal warranty of conformity pursuant to applicable laws (the “Warranty”).
9.2 Except for Product Variations described in Article 4.2 above, Unicornsunset shall deliver to the Customer Products that are in conformity with the Agreement. In the case of defective Products and/or Products that do not conform to the promised characteristics, the Customer must notify Unicornsunset promptly by filling in the relevant form (available here). Notification is not required if Unicornsunset has acknowledged the defect in writing or has repaired it.
9.3 Unless proven otherwise, non-conformities in a Product that manifest within 12 (twelve) months from the delivery date are presumed to exist at the time of delivery, unless this assumption is incompatible with the nature of the goods or the nature of the non-conformity.
9.4 The Warranty is valid for 2 (two) years from the Product delivery date.
9.5 If Unicornsunset determines that a Product is defective or has another material non-conformity, the Customer is entitled to request that the Product be brought into conformity by having it repaired or replaced free of charge. This is unless the requested remedy is objectively impossible, prohibitively expensive, or otherwise commercially unreasonable (considering the value of the goods and the extent of the defect). Unicornsunset will repair or replace the defective Product within a reasonable period after being informed of the conformity defect.
9.6 If repair or replacement of the Product is impossible or excessively burdensome, the Customer may request an appropriate reduction in the Price or termination of the Agreement (except in cases of minor non-conformity).
9.7 The Customer is not entitled to exercise the Warranty in the following cases:
- Absence of proof of purchase.
- If the Product has been used, damaged, modified, or otherwise altered by the Customer or a third party.
- Absence of the original labels, parts of the Products, and/or accessories.
9.8 Shipping costs for returning defective and/or non-conforming Products for repair or replacement under this Article 9, as well as costs related to delivering the repaired or replacement Product to the Customer, are borne by Unicornsunset.
9.9 EXCEPT AS PROVIDED IN THIS ARTICLE 9, ALL PRODUCTS ARE PROVIDED AS-IS, AND Unicornsunset DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. Force Majeure
10.1 Unicornsunset will not be liable for any failure or delay in performing any of its obligations under the Agreement and/or these General Terms and Conditions caused by events beyond its reasonable control, such as extreme weather or natural disasters, strikes, lockouts or other industrial action, civil insurrection, invasion, terrorist attacks (including threats), wars (whether declared or not) or threat of war, fires, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics or other natural catastrophes, unavailability of or impossibility to use railways, maritime transport, aircraft, motor transport or other public or private means of delivery or transport, unavailability of or impossibility to use public or private telecommunications networks, acts of third parties, or acts, decrees, rules, regulations, or limitations imposed by governments and/or public authorities (“Force Majeure”).
10.2 Without limiting the Customer’s right of withdrawal in Article 11 below, in the event of Force Majeure, performance by Unicornsunset may be suspended for the entire duration of the Force Majeure event. Unicornsunset will make commercially reasonable efforts to inform the Customer of the occurrence of a Force Majeure event without undue delay and in any event within 7 (seven) days from its occurrence.
11. Right of Withdrawal
11.1 The Customer may withdraw from the Agreement without penalty and without having to state a reason, within 14 (fourteen) calendar days from the day on which they received the Product. After this period, Product returns will no longer be accepted.
11.2 To exercise the right of withdrawal within the aforementioned time limit, the Customer must fill in the relevant withdrawal form (available here) by entering the order number and the e-mail address through which the purchase was made, as well as the Product and/or Products to be returned. The burden of proof concerning the exercise of the right of withdrawal in accordance with this Article is on the Customer.
11.3 The right of withdrawal may only be exercised by the Customer and in no case by the recipient of a Product as a gift.
11.4 When exercising the right of withdrawal, the Customer may select the return method that best suits their needs from among:
- Free return by a courier selected by Unicornsunset.
- Paid shipment (to be paid by the Customer) by courier or other carrier selected by the Customer.
11.5 The Product must be returned without undue delay and in any event within 14 (fourteen) days from the date on which the Customer notified Unicornsunset of their decision to withdraw from the Agreement. The Customer bears at their own expense only the direct cost of returning the Product in the situation under Article 11.4(ii). The Products must be returned according to the following conditions:
- The Products must be returned in their original packaging, with their original package and labeling (including boxes, accessories, tags, labels, and dust bags).
- The Products must not have been used, washed, or damaged.
- The right of withdrawal applies to the Product in its entirety and not to its individual parts (e.g., buckles, laces, etc.).
- The shipment, until received by Unicornsunset, is under the Customer’s liability.
11.6 After receipt of the returned Product and verification of its condition by Unicornsunset or persons appointed by Unicornsunset, Unicornsunset shall send the Customer an e-mail confirming that the return has been accepted (the “Return Confirmation”).
11.7 Following the Return Confirmation, Unicornsunset shall reimburse all payments received from the Customer, including any shipping costs, without undue delay and in any event within 14 (fourteen) days from the day on which the Company was informed of the decision to withdraw from the Agreement. The Customer will receive a full refund of the Price by the same method used for payment, with timing varying depending on the payment method originally selected and the bank circuit in question. In cases of returns via paid shipment by courier or other carrier selected by the Customer under Article 11.4(ii), Unicornsunset may withhold the refund until it receives the Products or until the Customer has shown proof of dispatch (whichever is sooner), as per Article 56(3) of the Consumer Code. The Customer remains liable for any loss of or damage to the Products during transport.
11.8 The right of withdrawal also applies to Products purchased during sales, fire sales, or other promotional periods.
11.9 The right of withdrawal is excluded for tailor-made or otherwise customized Products as described in Article 8, in accordance with Article 59(c) of the Consumer Code.
11.10 The right of withdrawal is excluded for Products in the beauty category (such as make-up) and underwear lines, as well as for earrings without their original seals/protections, which are deemed to have been opened and/or worn after delivery. These Products may not be returned for hygiene reasons or reasons related to health protection as per Article 59(d) of the Consumer Code.
12. Intellectual Property
12.1 Unicornsunset guarantees the authenticity of all Products offered for sale through the Website. All intellectual property rights (including but not limited to the “Unicornsunset” trademarks and logos) related to the Website, Products, their accessories, and packaging are and remain the exclusive property of Unicornsunset.
12.2 The Customer does not acquire any rights to Unicornsunset’s intellectual property rights by virtue of the Agreement and/or these General Terms and Conditions. Any reproduction, modification, alteration, or other use of Unicornsunset’s intellectual property without Unicornsunset’s prior written consent is strictly prohibited.
13. Personal data protection
13.1 The Customer’s personal data collected by Unicornsunset in the course of concluding or performing the Agreement will be processed solely in accordance with Unicornsunset’s privacy policy (the “Privacy Policy”) available here.
13.2 As detailed in the Privacy Policy, the Customer’s personal data (including those in correspondence with Unicornsunset via e-mail or other instant messaging channels) will be processed for the duration necessary to fulfill the purposes for which they were collected and stored for the entire duration of the contractual relationship, and, upon termination, for the period allowed by statute of limitations.
14. Notices
14.1 For any inquiries, the Customer may contact Unicornsunset’s customer service (the “Customer Service”) at +44 808 196 1114, Monday to Saturday, 9 a.m. to 6 p.m. (Central European Time – CET). The Company can also be contacted by e-mail using the form available here or by writing to ecommerce@Unicorn-sunset.com. Additionally, the FAQ section on the Website provides answers to frequently asked questions about online shopping experiences.
14.2Unicornsunset will respond to Customer inquiries as promptly as possible, using the contact channel chosen by the Customer or another address provided in the Order. Correspondence sent to addresses or communication channels not specified in this Article will not be considered properly received or accepted.
15. Changes and Updates
15.1 Unicornsunset reserves the right to periodically review and amend these General Terms and Conditions to reflect changes in market conditions affecting its business, technological advancements, changes in payment methods, updates in relevant regulations and legal requirements, and modifications in its system capabilities.
15.2 Each Agreement will be governed by the General Terms and Conditions in force at the time the Parties enter into the Agreement. Any changes or updates will be published on the Website and/or notified to the Customer and will take effect immediately from the date of their publication and/or notification for Orders placed thereafter.
16. Miscellaneous Provisions
16.1 Failure to exercise or delayed exercise of a right under the Agreement and/or these General Terms and Conditions does not constitute a waiver of that right.
16.2 If any provision of these General Terms and Conditions is found to be invalid, ineffective, or unenforceable for any reason, that provision will be considered severed from these General Terms and Conditions, and the remaining provisions will remain valid and effective, unaffected by the invalid, ineffective, or unenforceable provision.
16.3 The Agreement is binding on both Parties and their respective successors and assigns. Unicornsunset may transfer, assign, sub-contract, or otherwise dispose of the Agreement, or any of its rights or obligations, at any time during its term, provided that the Customer's rights are protected at least as effectively as guaranteed under the Agreement. The Customer may not assign the Agreement or these General Terms and Conditions unless required by applicable law.
16.4 Nothing in these General Terms and Conditions excludes or limits Unicornsunset’s liability where it cannot be limited or excluded by law.
16.5 Unicornsunset’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, or otherwise arising in connection with its performance or contemplated performance under each Agreement and these General Terms and Conditions shall be limited to the price the Customer paid Unicornsunset for the Product.
16.6 Unicornsunset shall not be liable for any indirect, punitive, incidental, special, exemplary, or consequential loss or damage arising out of each Agreement and these General Terms and Conditions.
17. Applicable law and jurisdiction
17.1 These General Terms and Conditions and the individual Agreements are governed by and must be construed in accordance with the laws of Ukraine.
17.2 Any disputes arising in connection with these General Terms and Conditions and/or individual Agreements shall be submitted to the territorial jurisdiction of the competent court in the Customer’s place of residence or domicile.
17.3 Customers residing in a European Union Member State may use the platform established by the European Commission for the settlement of disputes related to distance selling contracts (“ODR platform”). Disputes relating to purchases made under these General Terms and Conditions may be resolved through the ODR Platform with the assistance of an impartial body. The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show