Public offer agreement (hereinafter referred to as the “Offer”), which is posted at the address of the online store “ JECOME” studio »: https://jecomestudio.com/ , is a public offering individual entrepreneur Andrushchak Marta Tarasivna (hereinafter referred to as the "Seller") to each legally capable individual (hereinafter referred to as the "Buyer") to purchase the goods in the manner and on the terms set out below .
I. DEFINITION OF TERMS
1.1. This clause defines the interpretation of the following terms, definitions and expressions used in the Offer.
1.1.1. Site – a website located on the Internet at the address: https://jecomestudio.com/ .
1.1.2. Registration – creating an Account on the Site by filling in the required data by the Buyer .
1.1.3. Order – action taken by the Buyer to purchase the selected Product by placing an order request for its purchase and delivery.
1.1.4. Account – a page of the Site that contains the history of the Buyer's Orders and information about him .
1.1.5. Recipient – the Buyer, or a third party designated by the Buyer, who receives the Goods on his behalf .
1.1.6. Delivery service – third parties providing delivery services goods to the Buyer.
1.2. The above terms have the same meaning when used in the singular and plural , as well as when written with uppercase and lowercase letters .
II. SUBJECT OF THE CONTRACT
2.1. The Seller undertakes to sell the Goods based on the order placed by the Buyer on the Site, and the Buyer undertakes to pay for and accept the Goods.
2.2. Ownership of the Goods passes to the Buyer upon full payment of its value at the time of transfer of the Goods.
2.3. The Buyer is obliged to independently familiarize himself with the terms of the Offer. The Seller is not obliged to additionally or in any other way inform the Buyer about the availability of the Offer, except for publishing it on the Site.
III. PRODUCT INFORMATION
3.1. Information about the product is presented on the Site and contains the following data:
· image;
· name ;
· price ;
· dimensions ;
· color ;
· The material from which the product is made.
3.2. The Seller establishes a warranty period for the Goods, which is 14 (fourteen) calendar days from the date of purchase .
3.3. By accepting the Offer, the Buyer understands that the shade of the Product may differ from the image on the Site, which is due to the lighting under which the Product is viewed/photographed, color correction, and the features of image reproduction on different devices.
The Seller makes every possible effort to ensure that the shade of the Product is accurately conveyed on the Site.
IV. ACCEPTANCE OF OFFERS
4.1. An individual who has acquired full civil capacity in accordance with the current legislation of the state of his/her citizenship has the right to conclude an Offer. In the event that a person does not have sufficient civil capacity, the Offer is concluded by parents, guardians (trustees), adoptive parents in the interests of the person they represent.
4.2. Acceptance of the Offer occurs by conclusive actions, without the Parties signing a written copy of the Agreement.
4.3. The Agreement may be concluded solely by the Buyer's accession to it as a whole. The Buyer shall not have the right to propose its own terms and/or require the inclusion of any terms in the Agreement. The Buyer automatically fully and unconditionally agrees to accept the provisions of the Agreement.
4.4. The Buyer does not have the right to place an order for Goods under the Agreement if the Agreement has not been concluded or if the Buyer does not agree with its provisions.
4.5. The Buyer accepts the Offer in one of the following ways:
4.5.1. Adding the Product to the cart and clicking the "Checkout" button on the Site.
4.5.2. Pressing on the Site, click the "Pay" button .
4.5.3. Creates an account by typing " Account " .
4.5.4. Place orders via social networks ( Instagram) or messengers ( Telegram ).
4.5.5. Pays for the order in full or makes an advance payment under the terms of the Agreement.
V. REGISTRATION ON THE SITE
5.1. A person under the age of 18 (eighteen) may use the Site only with the consent of their parents, guardians (trustees) or adoptive parents.
5.2. Creating an account on the Site by registering is not required to place an order for the Product.
5.3. To create an account, the User clicks the "Account" button on the Site, then enters the email address to which he will receive a registration confirmation code.
5.4. After confirming the code, the User specifies the following information in the Account:
· last name and first name;
· postal address, which includes zip code, country, city, street, house and apartment number.
5.5. The account displays the Buyer's data and order history.
5.6. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
VI. ORDER PLACEMENT
6.1. A person under the age of 18 (eighteen) may place an order for Goods only with the consent of their parents, guardians (trustees) or adoptive parents.
6.2. The Buyer selects the Product from the assortment offered by the Seller on the Site, and indicates the following data:
ü size ;
ü color ;
ü the number of ordered Goods;
and clicks the "Buy" button.
6.3. The Buyer independently completes and sends the Seller an order form, which indicates:
ü the Buyer's last name and first name;
ü Buyer's contact phone number;
ü and email address;
ü o the chosen delivery method;
ü the chosen payment method;
ü If the recipient of the order is a third party, the last name and first name of such person and their contact telephone number are indicated.
6.4. You can also place an order via social media (account @ jecome.studio) on Instagram) and (or) messengers (Telegram). In this case, the Buyer provides the Seller with information about the goods similar to that specified when placing an order on the Site.
6.5. Until the order is placed by clicking the "Pay" button and making a payment or prepayment for the goods, the Buyer may cancel the order by terminating the order process or leaving the order page.
An order that has not been completed by the Buyer is not accepted by the Seller for execution.
6.6. If either Party requires additional information, it has the right to request it from the other Party.
6.6.1. The Buyer can contact the Seller by phone number in the Telegram messenger . Feedback is provided by the Seller within 1 (one) business day.
6.6.2. The Seller can contact the Buyer by phone number in the Telegram messenger.
6.7. The moment of placing an order for the Goods is understood as the formation of the Order by the Buyer and its full payment or prepayment for the order by bank transfer.
6.8. By clicking on the "Pay" button, the Buyer confirms that he is fully familiar with the Offer.
6.9. By clicking on the " Pay " button, the Buyer confirms that he has fully and properly received all necessary, reliable and timely information about the Product he has chosen, which ensured the possibility of making an informed choice of this Product.
6.10. If an order was placed on a weekend or holiday, the processing time begins on the first business day following such weekend or holiday.
6.11. In the event of the unavailability of the Goods selected by the Buyer, the Seller shall notify the Buyer thereof. In such a case, the Buyer shall have the right to:
· replace such Product with another Product
or
· cancel the Order.
6.12. When placing an Order, the Buyer must accurately specify the Recipient's details.
Inaccurate information provided by the Buyer may prevent the Order from being fulfilled within the time period specified in this Agreement. In such a case, the order processing period shall be suspended for a period proportional to the period during which the data was clarified.
VII. PRICE AND PAYMENT
7.1. The price of each product is determined by the Seller and is indicated on the Site. It includes all tax calculations and is final.
7.2. The order price is determined by adding the price of all Goods included in the order and is indicated on the Site when placing an order.
7.3. The price of the Contract is equal to the price of the Order.
7.4. Payment for the Goods is made in one of the following ways:
7.4.1. Full payment for the Goods:
- By transferring money (via Internet banking, terminal, bank cash desk, etc.) using the details to the Seller's current account ;
or
- Through the online service (Internet acquiring) " Plata by mono " of JSC "UNIVERSAL BANK".
7.4.2. Prepayment for the Goods:
- The first part of the payment for the order is a prepayment of UAH 400.00 (four hundred hryvnias zero kopecks), which the Buyer pays to the Seller's current account or via the online service (Internet acquiring) "Plata by mono" at JSC "UNIVERSAL BANK";
- The second part of the payment for the order is equal to the full amount of the order minus the prepayment of UAH 400.00 (four hundred hryvnias, zero kopecks) and adding the cost of the commission for this payment method in accordance with the terms of the delivery service. The Buyer pays this part of the amount upon receipt of the Goods.
7.5. The Seller may unilaterally change the prices of the Goods presented on the Site, including applying special offers, promotions and discounts.
7.6. The Goods are not reserved until the Buyer's funds are credited to the Seller's account. The Seller does not guarantee that the Goods will be available in the quantity specified on the Site at the time of placing the order.
7.7. The order is considered placed from the moment the Seller receives the full amount of funds or prepayment for the order.
7.8. The Seller notifies the Buyer about the crediting of the order payment by sending a message in any convenient way for him: to an email address, in messengers and/or by SMS to the phone number that was specified when placing the order.
7.9. The order may be canceled by the Seller if funds are not received within 5 (five) business days.
7.10. The order price does not include :
· Cost of services of payment systems and terminals;
· The amount of bank fees;
· Cost of delivery services.
All these costs are paid by the Buyer, their amount depends on the chosen payment and delivery method, respectively.
7.11. The Seller issues to the Buyer a payment document (check, invoice, etc.) of the established form indicating the date of sale. This document is a confirmation of the fact of purchase.
Issuance of a payment document can be implemented by sending the Buyer an electronic payment document to the contact phone number , via messengers or to the email address provided by the Buyer when placing the order.
VIII. TERMS OF DELIVERY OF GOODS
8.1. When placing an order, the Buyer must choose one of the methods of delivery of the Goods from the following delivery services:
- Delivery to a branch/post office, for which the Buyer selects a settlement within the territory of Ukraine, the appropriate branch/post office for receiving the Goods and the Recipient's personal data:
ü first name, last name, patronymic,
ü phone number.
- Addressed delivery, for which the Buyer specifies the Recipient's personal data:
ü first name, last name, patronymic,
ü phone number,
ü full delivery address, including the settlement within the territory of Ukraine, address, house number, apartment number.
- Delivery to a branch, for which a settlement within the territory of Ukraine and the corresponding branch are selected to receive the Goods and the Recipient's personal data:
ü first name, last name, patronymic,
ü phone number.
- Addressed delivery, for which the Buyer specifies the Recipient's personal data:
ü first name, last name, patronymic,
ü phone number,
ü full delivery address, including the settlement within the territory of Ukraine, address, house number, apartment number.
8.2. Delivery of the Goods is possible by taxi service within the city of Kyiv. This delivery method is discussed with the Buyer separately by agreeing on the date and time of delivery.
8.3. Delivery of the Goods abroad is discussed with the Buyer separately and is carried out by one of the delivery services of the Buyer's choice:
In the event of delivery of the Goods abroad, the only available payment method is full payment for the Goods .
8.4. The Seller processes the order, including the transfer of the Goods to the delivery service , within 3 (three) business days from the moment the order is placed .
8.5. Upon receipt of the goods, the Buyer is obliged to check their integrity by inspecting the contents of the shipment.
8.6. In case of detection of defects/damage, shortage of goods, the Buyer must record them in the Defects Report and send the signed Report to the Seller within 3 (three) calendar days from the date of receipt of the Goods.
8.7. If possible, records the appearance of defects/damage to the Goods using photo or video recording.
8.8. In case of failure to notify and/or failure to comply with the requirements of the specified notification procedure for detecting defects/damage, shortage of goods, it is considered that the goods were received by the Buyer in good condition.
8.9. The Buyer has the right to refuse the delivered Goods. In case of refusal, the Buyer shall pay in full the transportation costs associated with the delivery of the Goods to the Buyer and the return of the Goods to the Seller.
8.10. Ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer upon receipt of the Goods.
IX. EXCHANGE AND RETURN OF GOODS
9.1. The Buyer has the right to return/exchange the Goods of proper quality to the Seller if the Goods do not satisfy him in shape, style, color, size and/or for other reasons - within 14 (fourteen) calendar days from the date of purchase of the Goods , IF:
1) The product has not been used and does not show any signs of use.
2) Its presentation, consumer properties, and labels have been preserved.
3) The product does not contain scratches, chips, abrasions, stains, snags, creases, or dents.
4) The completeness of the sold Goods is preserved.
5) The product does not belong to the underwear category (nightgowns, underwear, etc.).
6) The Buyer provided a payment document, a check, confirming payment and receipt of the Goods.
* If the Goods do not meet these conditions, the Seller has the right to refuse to exchange/return the Goods.
9.2. If at the time of exchange the Product for which the Buyer wishes to exchange the Product in his possession is not available for sale, the Buyer has the right to either purchase any other Products from the available range with an appropriate transfer of the cost, or to return the funds paid.
9.3. The Seller is not responsible for defects in the Goods that arise after their transfer to the Buyer as a result of the Buyer's violation of the rules for using or storing the Goods, actions of third parties, or force majeure circumstances.
9.4. The Buyer must notify the Seller of the return of the Goods by contacting the Telegram messenger using the Seller's contact phone number or on the Instagram social network in order to exercise the relevant right.
9.5. To return/exchange the Product you must:
9.5.1. Write an Application for return/exchange of Goods;
9.5.2. Pack the Goods to be returned;
9.5.3. Include in the packaging an Application for return/exchange of the Goods and a payment document confirming the purchase of the Goods;
9.5.4. Agree with the Seller on the address and delivery service and send the Goods, paying for the delivery services.
9.6. The Buyer must actually ship the Goods no later than 14 (fourteen) calendar days from the date the Buyer notified the Seller of his desire to exercise his right to return/exchange the Goods.
9.7. The Buyer shall be refunded the cost of the Goods of proper quality/exchange of the Goods within 7 (seven) calendar days from the date of receipt of such Goods by the Seller and after its inspection for compliance with the requirements specified in the Offer and applicable legislation. Delivery of the Goods of proper quality to the Seller, which are being returned, shall be at the expense of the Buyer.
9.8. The refund of the cost of the Goods is made using the same payment method that the Buyer used for the initial transaction, unless the Buyer expressly agreed to another solution proposed by the Seller.
9.9. The Seller refuses to refund the Buyer for the Goods if:
· the integrity of the Goods, their presentation, tags, labels, seals, packaging have not been preserved;
· The item has been used and has signs of wear.
X. RESPONSIBILITY
10.1. The Parties are liable for failure to fulfill or improper fulfillment of the terms of this Agreement in accordance with the procedure provided for by this Agreement and the current legislation of Ukraine.
10.2. The Seller's liability for changes in the terms of purchase of the Goods, compared to those specified on the website, is limited to the fact that the Buyer has the right to refuse to purchase the Goods and demand from the Seller a refund of the funds paid for it (if they were actually paid by the Buyer before the transfer of the Goods).
10.3. The Seller is not responsible for the Buyer's choice of Goods; it only guarantees that the ordered types of goods comply with the characteristics specified on the Site.
XI. DISPUTE RESOLUTION
11.1. All disputes and disagreements that may arise between the Parties in connection with the performance or termination of the Agreement shall be resolved through mutual consultations and negotiations.
11.2. If the dispute cannot be resolved through negotiations, it shall be subject to consideration in court at the Seller's location.
XII. COMMUNICATION
12.1. The Buyer has the right to contact the Seller by using:
· support email address specified on the Site;
· chat on the social network Instagram with the Seller's account @ jecome.studio ;
· chat in the Telegram messenger with a link to the phone numbers of the Pages .
12.2. Correspondence and exchange of messages using communication means will have legal force and may be used in resolving a dispute under this Agreement, including in court.
XIII. FORCE MAJEURE
13.1. The Parties are exempt from liability for failure to fulfill obligations under the Agreement if such failure was a result of force majeure circumstances that prevent the full or partial fulfillment by one of the Parties of its obligations under this Agreement. circumstances and which the Parties could not foresee or avoid.
13.2. Force majeure circumstances include natural disasters, military actions, terrorist acts, strikes, mass riots, epidemics, pandemics, quarantines, actions of state authorities or local governments that prevent the implementation of the Agreement, and other circumstances beyond the control of the Parties.
* The list of force majeure circumstances defined in this Agreement is not exhaustive.
13.3. For the purpose of implementing the Agreement, the Parties do not recognize martial law in Ukraine as a force majeure circumstance. The Parties recognize combat operations in the territories included in the current list of territorial communities located in areas of military (combat) operations or which are under temporary occupation as a force majeure circumstance, if this makes it impossible for the Party to fulfill its obligations under the Agreement.
13.4. The Party that has been affected by force majeure circumstances is obliged to notify the other Party in writing of their occurrence within 3 (three) calendar days from the moment such circumstances occur.
13.5. The occurrence of force majeure circumstances does not exempt the Party from fulfilling its obligations under the Agreement, but only temporarily exempts it from liability for untimely fulfillment.
13.6. The term for the performance of obligations under the Agreement shall be extended in proportion to the time during which such circumstances will apply, but not more than 30 (thirty) calendar days.
13.7. If force majeure circumstances last more than 30 (thirty) calendar days, the Party is obliged to return to the performance of obligations under the Agreement regardless of the circumstances. In the event that such performance of obligations is impossible, the Parties may terminate the Agreement early.
13.8. Force majeure circumstances must be certified by a certificate issued individually to the Party affected by such circumstances by the Chamber of Commerce and Industry of Ukraine or its regional offices. A general explanation and a letter from such a chamber addressed to an unspecified group of persons about the occurrence of force majeure circumstances cannot be used to confirm them.
13.9. The parties undertake to make every effort to minimize possible losses or damage caused by force majeure circumstances.
XIV. TERM OF THE AGREEMENT
14.1. The Agreement shall enter into force from the moment of its conclusion and shall remain in force until the Parties fully fulfill their obligations.
14.2. All terms of the Agreement shall remain valid and binding on the Parties throughout its term.
XV. PROCEDURE FOR TERMINATING THE CONTRACT
15.1. The Parties may terminate the Agreement in the following ways.
15.2. By agreement of the Parties:
· The party initiating the termination of the Agreement shall notify the other party of such initiative by sending an e-mail message indicating personal data.
· The party to whom the notice was addressed must agree or refuse to terminate the Agreement within 5 (five) business days from the date of sending the notice.
15.3. Unilaterally by the Seller in cases of:
· unavailability of the Goods that the Buyer wishes to purchase;
· violation by the Buyer of the terms of the Agreement.
The Contractor shall notify the Consumer of the termination of the Agreement unilaterally by sending a message by any means of communication. The Agreement shall be deemed terminated from the moment the notification is sent to the Consumer.
15.4. Upon termination of the Agreement, the funds will be refunded in accordance with the procedure specified in the Agreement.
15.5. By court order.
A party to the contract has the right to apply to court to terminate the Contract.
XVI. FINAL PROVISIONS
16.1. All materials contained on the Site, including text, photos, videos, graphics, trademarks, brand names and other elements, are objects of legal protection, belong to the Seller or other right holders and are protected by copyright and other rights.
16.2. The use of the Site materials by the User/Buyer is permitted only within the functionality of the Site. Any other use (copying, modification, distribution, publication, etc.) is possible only with the written consent of the copyright holder, except for cases provided for by applicable law.
The use of the Site materials by the Buyer/User for commercial purposes is permitted only with the mandatory preservation of copyright marks, names of authors and integrity of the material, except for cases provided for by applicable law.
16.3. The Parties have agreed that if a separate part and/or clause of this Agreement is declared invalid and/or void, the entire Agreement shall not be deemed invalid.
16.4. The Seller has the right to make changes to the Agreement without additional notice to the Buyer. To enable the Buyer to familiarize himself with the current terms of the Agreement, the Seller places on the Site its version with all the latest changes, and also indicates the date on which such changes came into force.
16.5. The Agreement is valid in the version and under the conditions that existed at the time of its acceptance .
16.6. The place of conclusion of the Agreement is the location of the Contractor.
XVII. SELLER DETAILS
INDIVIDUAL PERSON-ENTREPRENEUR ANDRUSHCHAK MARTA TARASIVNA
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RNOKPP: 3745402805 |
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Location: Ukraine, 80035 , village of Spasiv, Sheptytskyi district, Lviv region, Mykhayla Panasa st. , house 66. |
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E. mail: jecome.studio@gmail.com |
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Phone: +380730943791 |
