Public offer agreement

According to the current Ukrainian legislation, trade through an online store is distance trade. In this regard, the online store www.yozh.com.ua is the seller's trading platform. Contractual relations between the buyer and the seller are drawn up in the form of a public offer agreement. Clicking the "confirm" or "confirm order" buttons in the online store www.yozh.com.ua on the order page means that the buyer, regardless of status (individual, legal entity, individual entrepreneur), according to the current Ukrainian legislation, implements the terms of the public offer agreement, that are indicated below.

The public offer agreement is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers, regardless of their status (individual, legal entity, individual entrepreneur). By totally accepting this Agreement, the buyer accepts the conditions and procedure for placing an order, paying for the goods, delivering the goods, responsibility for an unscrupulous order, and non-fulfillment of the terms of this agreement. This Agreement is an agreement between the seller (online store www.yozh.com.ua) (hereinafter referred to as the "Seller") and any legal or natural person, the user of the services of the online store, hereinafter referred to as the "Buyer" (hereinafter - "Buyer"), and together referred to as "Parties", which includes all the essential conditions for the organization of purchase and sale by remote method (i.e. through an online store). This agreement has the character of a public offer, is the equivalent of an "oral agreement" and, according to the current legislation of Ukraine, has due legal force. If necessary, after the buyer’s request, the contract can be executed in writing.

General Terms

1. This contract is a public offer (according to Articles 633, 641, and 655 of the Civil Code of Ukraine) and contains all the essential conditions to organize the purchase and sale remotely, i.e. through the online store www.yozh.com.ua
2. According to Article 642 of the Civil Code of Ukraine, full and undisputed acceptance of the terms of the public agreement (acceptance), that is, the public offer of the online store www.yozh.com.ua, is the fact of placing an order by clicking on the link "place order", "pay" in the basket and purchasing the goods in according to the procedure provided for in this contract, at the prices indicated on the website www.yozh.com.ua, as well as an agreement with the terms of payment and delivery of the goods.
3. By concluding the Agreement, the Buyer confirms that he/she is fully and completely familiar with and agrees with its terms, and also, if the Buyer is a natural person, gives permission for the processing of his personal data for the possibility of fulfilling the terms of this Agreement, the possibility of mutual settlements, as well as receiving invoices and other documents. The permission to process personal data is valid for the entire term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he/she has been informed (without additional notification) of the rights established by the Law of Ukraine "On the Protection of Personal Data", about the purposes of data collection. He/she knows and understands the extent of the Buyer's rights as a subject of personal data according to the Law of Ukraine "On the Protection of Personal Data".

Terms and definitions

1. "Internet store" - the Seller's website (www.yozh.com.ua), created for concluding retail purchase-sale contracts based on the Buyer's familiarization with the description of the Goods offered by the Seller in photographs, using the Internet, which excludes the possibility of a direct acquaintance of the Buyer with a Product – by a remote means of selling a product.
2. "Product" - a list of assortment names presented in the online store.
3. "Categories" - information about goods placed in the online store.
4. "Place an order" - the Buyer's decision to purchase a product made in the online store.
5. "Personal data" is any information that directly or indirectly refers to a specific person or to a person who is identified.
6. "Significant defect of the Product" - a defect that makes it impossible or inadmissible to use the product under its intended purpose, was caused by the manufacturer's (Seller's) fault, after its elimination appears again for reasons independent of the consumer, and at the same time is endowed with at least one of the following signs:
   а) it cannot be eliminated at all;
   б) its elimination requires more than fourteen calendar days;
   в) it makes the goods significantly different from what is provided for in the contract.

The subject of the public offer contract

1. The Seller undertakes to transfer ownership of the goods to the Buyer, and the Buyer undertakes to pay and accept the goods under the terms of this contract.
2. This agreement regulates the purchase and sale in the online store, including:
   а) voluntary choice of goods by the Buyer by category;
   б) self-registration of an order by the Buyer in the online store;
   в) payment by the Buyer of the order made in the online store;
   г) execution and transfer of the order to the ownership of the Buyer under the terms of this contract.

Procedure for placing an order

1. The buyer places the order in the online store on his own. The Buyer is responsible for the ordering process and product selection.

Cost and order payment procedure

1. The total cost of the order consists of the cost of the product (specified on the pages of the online store) and the cost of delivery.
2. The Buyer pays for the order in the order of subscription, by any method chosen in the online store within one working day, counting from the day of agreement of the price and assortment of goods. If the Buyer does not pay for the goods within this period, the Buyer's order is canceled by the Seller unilaterally. When choosing the "Direct bank transfer" payment method, i.e. payment to the card specified by the Seller, the site administrator will provide the Buyer with relevant information regarding bank details.
3. The cost of delivery of the order is paid by the Buyer himself/herself upon receiving the order unless otherwise agreed upon when placing the order.
4. Payment for the goods is made by the Buyer by means of a bank transfer of money to the current account of the Seller specified in the invoice, incl. using Internet banking.

Goods Delivery (order)

1. The general term of product delivery consists of the order processing term and the delivery term. The order processing period is from one to three working days. Delivery of the order is carried out by a transport company (carrier) at the expense of the Buyer unless otherwise stipulated by the contract or current legislation. The return of the order, in case of inconsistency in the configuration of the order, inappropriate quality, and other errors on the part of the Seller, is performed by the transport company (carrier) at the expense of the Seller. In all other conditions - at the expense of the Buyer. The total delivery time cannot exceed 10 days. The delivery time is from 1 to 3 working days, depending on the address of the settlement and the availability of the goods in the Seller's warehouse.
2. The seller is not responsible for the delivery time of the order, because it depends on the actions of third parties (carriers).

The procedure for returning and exchanging goods

1. The Buyer has the right to exchange the product if the color, size, or type of the product did not suit him/her, provided that the product appearance, consumer qualities, and accompanying documents for the product are preserved. Payment for forwarding the parcel is paid by the Buyer.
2. The Buyer has the right to refuse received goods of inadequate quality within fourteen days, counting from the day of receipt of the goods, provided that the packaging, product appearance, consumer qualities, and accompanying documents for the goods are preserved.
3. Products that are made to the Buyer’s order (change of length, width of products, or replacement of the neck) are not subject to exchange or return, except for cases of inconsistency in quality or order completion.
4. If the Buyer refuses the order (parcel), the shipment is returned to the sender, i.e. the Seller. Payment for the return shipment of the parcel is paid by the Buyer.

Rights and duties

1. The buyer is obliged to:
   а) familiarize himself/herself with the content of the agreement, conditions, and prices (without VAT) offered by the Seller on all pages of the website www.yozh.com.ua before concluding the agreement;
   б) get acquainted with the information about the Product, which is posted on the Seller's website;
   в) place an order in the online store by himself/herself;
   г) timely pay and receive the order from the Carrier under the terms of this contract;
   д) when receiving the goods from the carrier, make sure of their integrity and completeness by inspecting the contents of the package. In case of detection of damages and incomplete equipment, record them in the act, which must be signed by the carrier's employee together with the Buyer.
2. The buyer has the right to demand from the online store compliance with the terms of this contract.
3. The online store is obliged to:
   а) comply with the terms of this contract;
   б) deliver the goods to the Buyer according to the completed order and the terms of this contract;
   в) the online store is not responsible, cannot act as a defendant in court, and does not compensate for losses incurred by the Buyer due to the action or inaction of third parties.
4. The online store has the right to:
   а) to unilaterally suspend the provision of services under this Agreement in case the Buyer violates the terms of this Agreement;
   б) reserve the right to default in the event of force majeure;
   в) change the terms of this Agreement, as well as the prices of goods, unilaterally, by posting them on the website at the address www.yozh.com.ua. All changes take effect immediately after publication.

Other terms and term of action of agreement

1. All spores and divergences that arise up at implementation of obligations parties under this Agreement are settled by negotiations. If it is impossible for their removal, the side has a right to appeal after judicial defence of the interests.
2. Parties rid of responsibility for nonfulfillment or improper implementation of obligations under Agreement in a time of action of act of providence. Emergency and insuperable under the conditions circumstances that prevent implementation of the obligations parties by this Agreement understand under the act of providence. The elemental phenomena (earthquakes, floods and others like that), circumstances of public life (military operations, super excellences, most strikes, epidemics,etc.), forbidding measures of public organs, behave to them. During this time parties do not have mutual claims, and each of the parties undertakes the risk of consequences of force-majeure circumstances.
3. This agreement lasts from the day of processing order and operates during one year. If Customer continues to use the e-shop of www.yozh.com.ua and to do the order of commodities, then this agreement is considered to be continued each time in one calendar year.