PUBLIC PURCHASE-SALE AGREEMENT

in the edition of 01.06.2022

The private entrepreneur Tkachuk Halyna (registration number of the taxpayer’s registration card 2962104027) (hereinafter referred to as the Seller) offers any natural person of legal age (hereinafter referred to as the Buyer) to enter into a Public Sales Agreement under the conditions specified in this document.

1. DEFINITION OF CONCEPTS AND THEIR INTERPRETATION

The terms and concepts used in this Agreement have the following meanings:

A public contract is a transaction between the Seller and the Buyer regarding the transfer of the goods to the latter under the conditions set out in the public offer and which are the same for all Buyers, from the moment of acceptance of the public offer by the Buyer (hereinafter – the Contract).

Public offer – the Seller’s offer, addressed to any natural person, to conclude a sales contract with him on the terms contained in the public offer and in accordance with the provisions of Article 641 of the Civil Code of Ukraine.

Acceptance is the provision by the Buyer of a full and unconditional response to the Seller’s proposal to enter into a sales contract with the Seller, by:

• placing the appropriate mark in a special form during registration on the Site;
• or placing the appropriate mark in a special form during the order process without registration;
• or paying for the goods.

The site is a set of data (texts, graphic and design elements, photos, videos, and other results of intellectual activity, computer programs) that are interconnected, contained in an information system, and ensure the availability of this information for end users and are placed under the address: https://jul.ua/.

A product is a merchandise placed on the Site and offered for sale by the Seller.

The owner of the gift certificate is any natural person who has made a preliminary payment for the goods that will be transferred in the future, or to whom the Gift Certificate was transferred by the Buyer.

A gift certificate is a document that certifies the right of the Owner of the gift certificate to receive goods sold by the Seller for the total value of pre-paid funds (the face value of such a certificate).

Order – a properly formed request of the Buyer for the purchase and delivery of goods presented on the Site.

Shopping cart – an electronic shopping cart containing the goods selected by the Buyer, but for which the Order has not yet been placed and for which money has not yet been paid.

Headings in this Agreement are provided for convenience only and do not affect the interpretation of the Agreement’s clauses.
In the event that this Agreement uses terms and concepts not defined by this section of the Agreement, the interpretation of such terms or concepts occurs in accordance with the text of this Agreement. If there is no unambiguous interpretation of a term or concept, it is necessary to interpret this concept based on the norms of the current legislation of Ukraine.

2. ACCEPTANCE OF OFFER

• The contract is considered concluded without further signing from the moment the Seller receives the Acceptance.
• By making the Acceptance, the Buyer also confirms that he fully understands and agrees with the terms of this Agreement.

3. SCOPE OF THE CONTRACT

• According to this Agreement, the Seller transfers, and the Buyer takes possession of the goods and undertakes to pay for them in accordance with the procedure and terms stipulated by this Agreement.
• The list and detailed characteristics of the product are posted on the Site.
  The product may differ from the photo of the product posted on the Site, in particular, due to different color rendering on different screens.
• The seller has the right to make changes and additions to the description of the goods posted on the Site at any time.
• The buyer has the right to contact the seller to clarify any details regarding the product by sending a letter to the email address: hello@jul.com.ua or contacting him by phone at +38 068 177 11 99 (the call may be charged according to the tariffs operator of the Buyer).

4. PRODUCT PRICE AND CALCULATION PROCEDURE

Settlements between the Parties can be made by:

• payment of the order using the technical capabilities of the Site on the condition of full prepayment;
• payment of the deferred payment to the delivery service. In this case, the delivery service may charge an additional fee.

The buyer has the right to independently choose a payment method from the available payment methods, information about which is contained on the Site, except for the case specified in this clause of the Agreement.

If the delivery address specified by the Buyer is outside the territory of Ukraine, the Buyer has the right to pay for the order in accordance with clause 4.1.1 of this Agreement.

• The cost of product delivery is not included in the cost of the product and is paid by the Buyer directly upon receipt of the product in accordance with the tariffs of the delivery service.
• The Seller has the right to change prices unilaterally without additional notice to the Buyer. A price change is not allowed for a product that has been ordered by the Buyer and the Seller has sent confirmation of receipt of the order.
• The Seller undertakes to hand over the goods to the delivery service for their delivery to the Buyer after the Buyer makes full payment of the cost of the goods, except for the cases when the Buyer has chosen as payment methods the methods provided for in clauses 4.1.2 of this Agreement.
• The buyer agrees that the price of the product is currently at the time of forming the order and, in particular, clicking on the “Buy” button. If the Buyer does not complete the order immediately, the price may change.

5. REGISTRATION PROCEDURE ON THE WEBSITE

5.1. In order to register on the Site, the Buyer independently fills out the registration form on the Site.

5.2. The buyer is obliged to provide reliable and complete information about himself, in particular:

5.2.1. Name and surname;

5.2.2. E-mail address.

5.3. The buyer chooses the password himself. The password must contain from 8 to 15 characters and consist of letters of the Latin alphabet and numbers.

5.4. The creation of the Buyer’s account is carried out automatically.

5.5. A buyer can only have one account. If the Buyer has registered more than one account, the Seller has the right  to block them.

5.6. The seller has the right to refuse account registration.

6. ORDER PLACEMENT PROCEDURE

To place an order through the Site, the Buyer must:

• Choose a specific product on the Site;
• Add the selected product to the cart by clicking the “Buy” button;
• Confirm the intention to purchase a specific product and specify the required quantity and press the “Make an order” button;
• To place an order, the buyer specifies contact data, namely: surname and first name, e-mail address, phone number, country, and city, choose a delivery method from those available on the Site and, if necessary, specifies delivery data, chooses a payment method and clicks on “Make an order” button. To place an order, Buyers registered on the Site must log in to the system.
• The order is considered accepted by the Seller after confirmation of receipt of the order is received at the Buyer’s e-mail address specified when placing the order.

To place an order by phone at the number indicated on the Site, the Buyer must:

• Call the phone number specified on the Site during business hours from Monday to Sunday from 10:00 a.m. to 7:00 p.m.
• Notify the Seller of the following information: the name of the product, its quantity, contact data (yours or the recipient’s), choose the method of delivery and payment, and provide data for delivery.
• The seller personally confirms the acceptance of the order.

In order to place an order through the mobile application Viber, Telegram, private messages of the Seller’s page on the Instagram social network, using the e-mail address specified on the Site, the Buyer must:

• Write to the Seller using one of the communication channels specified in this clause of the Agreement. Applications are processed during business hours from Monday to Sunday from 10:00 a.m. to 7:00 p.m. If the application is received outside working hours, it will be processed at the nearest working time, determined by this clause of the Agreement.
• Notify the Seller of the following information: the name of the product, its quantity, contact data (yours or the recipient’s), choose the method of delivery and payment, and provide data for delivery.
• The seller personally confirms the acceptance of the order.

7. TERMS OF DELIVERY OF GOODS

• Goods are delivered by the methods indicated on the Site.
• Terms and conditions of delivery are determined by the internal documents of the delivery service that makes the delivery.
• When the Buyer returns the goods, the delivery fee is not refundable, regardless of whether the Buyer’s request for the return of the goods is satisfied.
• In the event that the Buyer, for any reason beyond the control of the Seller, does not receive the goods, in particular, does not appear at the delivery service branch to receive the goods, the Seller’s obligation to transfer is considered fulfilled, and the money paid for such goods are not returned.
• Self-delivery of the ordered goods is possible at the address: Kyiv, st. Mechnikova, 6, according to the showroom schedule.

8. TERMS OF TERMINATION OF THE AGREEMENT. EXCHANGE AND RETURN OF GOODS

The buyer has the right to terminate this Agreement within 14 (fourteen) days from the moment of receipt of the goods.

In case of termination of the contract, in accordance with clause 8.1 of this Contract, the Buyer is obliged to return the goods by mail.

In order to exercise the right to terminate this Agreement, the Buyer is obliged to keep the product in an unchanged condition and not to use it.

The buyer has the right to exchange goods of appropriate quality within 14 (fourteen days) from the moment of receipt of the goods for similar goods if the goods did not satisfy him in terms of shape, dimensions, color, size, or for other reasons cannot be used by him for their intended purpose, provided:

• The product has not been used (including its use for photography or videography) and has retained its commercial appearance.
• The product has not been washed and/or not subjected to chemical cleaning (“dry cleaning”).
• The Product does not have any stains/tonal cream, etc.
• Present label, sticker, label, etc. All labels, stickers, and tags must be unseparated (not torn or cut off) from the Product.

If at least one of the above points is not observed, the Product cannot be returned/exchanged. Such Goods will be sent back at the expense of the Buyer.

• If there is no similar Product at the time of exchange, the Buyer has the right to demand a refund from the Seller.
• In the case of product exchange, the Buyer shall bear the costs associated with the postal delivery of the goods from the Buyer to the Seller and the sending of other goods by the Seller to the Buyer.
• Together with the Goods, the Buyer must send:

8.7.1. The settlement document (cashier’s check or its copy), which was previously sent to the Buyer’s e-mail address or which was given to the Buyer, if the Goods were paid for on postpaid terms and were received using a delivery service. Important: a copy of the settlement document taken from the control tape, a police certificate, a bank certificate, a payment terminal check, an SMS message about withdrawing funds, and witness statements are not considered settlement documents.

8.7.2. A completed and signed return application (the Seller provides the application together with the order or can be downloaded here);

• The returned goods must be in their original condition and must have no signs of use (tags, labels, etc. must be present);
• If, during the procedure for returning the Goods, the Seller has established that the Buyer has not provided the necessary documents or data, then the refund period is extended until the Buyer provides the necessary information or documents.
• In the event that defects are discovered during the established warranty period, the Buyer, in the manner and within the time limits established by law, has the right to demand:

— proportional price reduction;

— free elimination of product defects within a reasonable period of time;

— reimbursement of expenses for the elimination of product defects.

• In case of discovery during the established warranty period of significant defects that arose due to the fault of the product manufacturer (seller) or falsification of the product, confirmed by the conclusion of the examination, the Buyer has the right to demand:

— termination of the contract and return of the money paid for the goods;

— to demand the replacement of the product with the same product or with a similar product from among those available at the Seller.

• The warranty period for the product is 14 (fourteen) days from the moment of its receipt.
• The buyer is obliged to inspect the goods for defects when accepting the goods at the premises of the delivery service or in the presence of a delivery service employee. In case of non-fulfillment of this clause of the Agreement, claims from the Buyer are not accepted and are not considered by the Seller, except in cases where the goods contain hidden defects that cannot be detected at the time of receipt of the goods.
• Goods of appropriate quality, the list of which is determined by the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172, are not subject to exchange or return.
• Some Goods are subject to special return conditions, namely: swimsuits and swimwear must have an undamaged hygiene sticker from the manufacturer of the Goods.
• The return and exchange of goods are carried out throughout the territory of Ukraine, with the exception of the Autonomous Republic of Crimea and the temporarily occupied territory of Ukraine.
• The Buyer’s claims shall not be satisfied if it is proven that the defects of the Goods arose as a result of the Buyer’s violation of the rules for using the Goods, the terms of its storage, or the terms of return.
• Funds are returned to the Buyer after receipt of the returned Goods, processing by the Seller of the duly completed application of the Buyer, the attached documents regarding the Goods, and confirmation of the grounds for a return.
• Refunds are made by transfer to the Buyer’s bank card or the number of which was indicated in the return application, or other bank details from which the payment for the Goods was made – no later than 7 calendar days from the moment of receipt by the Seller of the returned Goods, statements and confirmation of the Buyer’s compliance with the terms of return Goods. The specified period may be extended in cases where the Goods were sent abroad. The term of the refund directly depends on the sending bank and the receiving bank.
• When paying for an order through the Liqpay system or any other payment system, the refund will be made to the same card that was used to pay for the Product. The exception is ordering with payment for the Goods upon receipt and/or if the Buyer paid for the Goods on the basis of details provided by the Seller. In such a case, the Buyer must provide complete bank details for which the Seller will refund money for the Goods. For this, the Buyer must indicate in the Return Application: full name of the recipient, identification code, and IBAN. The Buyer is responsible for providing the correct details.

9. PROVISIONS ON GIFT CERTIFICATES

• The purchase of a gift certificate is an advance payment for the Seller’s goods that will be transferred (provided) in the future.
  A gift certificate is not a payment document or a security.
• The validity period of the gift certificate is indicated on the Site. After the expiration of the gift certificate, the certificate is expired and is not accepted by the Seller.
• Each gift certificate contains a unique code. If the unique code (part of it) is missing and/or damaged, the gift certificate is invalid and not accepted by the Seller.
• To activate (use) a gift certificate, the Gift Certificate Owner must:

— enter the unique code of the gift certificate in a special field on the Site;

— or present the original gift certificate at the pick-up point.

• If the value of the Seller’s gift certificate chosen by the Holder of the gift certificate is less than the face value of the gift certificate, the difference will not be returned.
• In the event that the value of the Seller’s goods selected by the Owner of the gift certificate exceeds the value of the gift certificate, the Owner of the gift certificate has the right to make an additional payment.
• In case of loss and/or damage of the gift certificate, the Seller does not restore it.
• The seller has the right to refuse to accept a gift certificate for the following reasons:

— the gift certificate does not contain a damaged unique code.

— the gift certificate is fake.

— it is impossible to establish whether the presented gift certificate is original.

• A gift certificate can be used only once.
• The gift certificate is not named and can be used by any person presenting it.

10.   FORCE MAJEURE CIRCUMSTANCES

10.1. The parties are not responsible for non-fulfillment or improper fulfillment of obligations under this Agreement if such non-fulfillment or incomplete fulfillment was the result of force majeure (force majeure).

10.2. Circumstances of force majeure (force majeure) in this Agreement mean extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations stipulated in the terms of this Agreement, the list of which is contained in part 2 of Article 14-1 of the Law of Ukraine “On Trade chambers of industry in Ukraine”, as well as circumstances of a technical nature that lead to technical failures and disrupt the normal operation of the Site.

10.3. The Party affected by force majeure circumstances must notify the other Party of their occurrence no later than 14 (fourteen) working days from the moment of occurrence of such circumstances.

10.4. After the expiration of the force majeure circumstances, the Party affected by them must notify the other Party of their termination within 14 (fourteen) working days, as well as notify the time during which such Party intends to fulfill its obligations.

10.5. A certificate of force majeure (circumstances of force majeure) issued by the Chamber of Commerce and Industry of Ukraine is a proper and sufficient confirmation of force majeure against one of the Parties.

11.   DISPUTE RESOLUTION AND GOVERNING LAW

• All misunderstandings, contradictions and disputes that may arise between the Parties during the conclusion, interpretation or implementation of this Agreement shall be resolved by the Parties through negotiations.
• The Buyer has the right to send a claim to the Seller by e-mail: hello@jul.ua. The claim consideration period is 30 days.
• In the event that the Parties have failed to resolve any misunderstandings, contradictions, and disputes through negotiations, they shall be resolved in court in accordance with the procedure established by the current legislation of Ukraine with the application of material and procedural norms of the legislation of Ukraine.
• The legal relations between the Parties arising from this Agreement shall be governed by the laws of Ukraine, without applying conflict of law provisions.

12.   OTHER PROVISIONS

• In the event that any of the provisions of this Agreement is deemed invalid by any competent state body of Ukraine, this will not affect the validity or enforceability of any other terms of this Agreement, which remain fully valid, unless otherwise provided by the legislation of Ukraine.
• The Buyer consents to the sending of informational materials, in particular of a marketing nature, containing information about the Seller’s activities.
• Changes to the terms of the Agreement take effect from the moment they are posted on the Site.
• If the Buyer pays for the Seller’s goods, or performs other actions, after making changes to this Agreement, the Buyer thereby agrees with such changes and consents to the implementation of the terms of the Agreement in the new version.
• By accepting this Agreement, the Buyer also agrees to the Privacy Policy.

Details of the Seller:

Private entrepreneur

Halyna Tkachuk

RNOKPP 2962104027

07400, Kyiv region, Brovary, st. Vasylya Simonenko, bldg. 2B, sq. 82

Phone +38 (068) 177-11-99