The seller selling the Goods, the description and images (photos and/or videos) of which are posted on the website https://junejulywear.com, on the one hand, and the buyers, on the other hand, accept the terms of this Public Agreement for the sale of the Goods ( hereinafter - "Agreement" or "Public Agreement") about the following.

 

1. Definition of terms

1.1. Public offer (hereinafter - the "Offer") - the public offer of the Seller, addressed to an unspecified circle of persons, to conclude a contract for the purchase and sale of goods remotely (hereinafter - the "Agreement") with the Seller through the online store on the website: https://junejulywear .com on the terms and conditions contained in this Offer.

1.2. The product or service is the object of the agreement of the parties, which was selected by the buyer on the website of the online store and placed in the basket, or already purchased by the buyer from the seller remotely.

1.3. Online store - the Seller's website at https://junejulywear.com is created for the conclusion of retail and wholesale sales contracts based on the Buyer's familiarization with the description of the Goods offered by the Seller using the Internet.

1.4. The buyer is any person with legal capacity who, in accordance with the procedure provided for in this Agreement, of his own free will fully accepted (accepted) all its conditions without exception.

1.5. The seller is a contact person, a natural person, the seller of the FOP Margarita Vyacheslavivna Kuliyeva.

1.6. All other terms that are not separately defined in this Agreement are understood and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, customs of business turnover, as well as the purpose and subject of this Agreement.

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2. Subject of the Agreement

2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

2.2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of complete and unquestionable acceptance by the Buyer of the terms of the Agreement shall be considered the moment of delivery (handover) of the Goods under the conditions of full (100%) payment by the Buyer of the price of the Goods and/or the date of filling out the order form by the Buyer located on the Internet site store, provided that the Buyer receives confirmation of the order from the Seller in electronic form or by telephone.

 

3. Placement of the Order

3.1. The buyer independently issues an order in the online store through the "Basket" form, or by placing an order by e-mail or telegram specified in the contact section of the online store.

3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer during the order placement is incomplete or raises suspicions about their validity.

3.3. When placing an order on the website of the online store. The buyer independently and at his own discretion chooses the available and offered goods for sale and: - clicks the "Add to cart" button and independently fills and sends the "Ordering" form to the Seller, in which, in particular, he must indicate his surname, first name and - to the parents, their contact phone number, their e-mail address, the chosen payment method, the chosen method and the desired place of delivery of the Goods.

3.4. The name, quantity, and price of the Goods selected by the Buyer are indicated in the Buyer's basket on the Internet store website.

3.5. If any of the parties to the contract needs additional information, he has the right to request it from the other party. If the Buyer does not request the necessary/additional information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.

3.6. When placing an order through the Seller's operator (clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 - 3.4. of this Offer.

3.7. After filling out the "Ordering" form, the Buyer must carefully familiarize himself with all the terms of this Agreement, and in case of acceptance (acceptance) of these terms in full - press the "Confirm order" button, which is considered the fact that the Buyer has sent the corresponding Order for the selected Product.

3.8. This Agreement is considered concluded, and the Seller's offer to enter into this Agreement (offer) is fully accepted (accepted) by the Buyer from the moment the Buyer clicks the "Confirm order" button on the website: https://junejulywear.com.

3.9. By clicking on the "Confirm order" button, the Buyer confirms his full and complete agreement with all the terms of this Agreement without exception, including the conditions for delivery and payment of the Goods at the prices indicated on the website of the online store on the date of conclusion of this Agreement by the Buyer.

3.10. By clicking on the "Confirm order" button, the Buyer confirms that he has been informed in a convenient and accessible way in accordance with the requirements of Part 2 of Article 13 of the Law of Ukraine "On the Protection of Consumer Rights" about:

• location and mode of operation of the Seller;

• main characteristics and consumer properties of the Goods chosen by the Buyer;

• the cost of the Product selected by the Buyer, as well as the cost of its delivery to the Buyer;

• method, procedure and conditions of payment and delivery of the Goods selected by the Buyer;

• the procedure for accepting claims;

• the period of acceptance of the proposal (offer) regarding the conclusion of this public contract;

• procedure for terminating this Agreement;

• other conditions on which the Goods are offered for sale.

3.11. By clicking on the "Confirm order" button, the Buyer confirms that he has received all the necessary, available, reliable and timely information about the selected Product in full and in accordance with the requirements of Article 15 of the Law of Ukraine "On the Protection of Consumer Rights", which is complete extent ensured the possibility of a conscious and competent choice of this Product.

3.12. Clicking the "Confirm order" button by the Buyer is considered unconditional and full acceptance by the Buyer of all the terms of this Agreement without exceptions, as well as entering into the relevant contractual legal relationship with the Seller. In the cases stipulated by the current legislation of Ukraine, this Agreement is concluded in writing.

3.13. The term of processing and registration by the Seller of the Order for the Goods sent by the Buyer is up to 3 (two) working days from the date of filling and sending by the Buyer in the manner established in clauses 3.1.-3.2. of this Agreement, the form of such Order for Goods. In the event that the specified Order for Goods was sent by the Buyer on a weekend or holiday, the term of processing and execution of this Order for Goods begins on the first working day after the weekend or holiday (* this clause applies only to the processing and execution of the order, and not to the period of production of the Goods ).

3.14. The buyer is responsible for the accuracy of the information provided when placing the Order.

 

4. Price and Delivery of the Goods

4.1. Prices for the Goods are determined by the Seller independently and indicated on the website of the online store. All prices for Goods are indicated on the website in the national currency - hryvnia.

4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of the Product, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.

4.3. The price of the Product, which is indicated on the website of the online store, does not include the cost of delivery of the Product to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current rates of delivery services (carriers) directly to the delivery service (carrier) chosen by him.

4.4. The price of the Product indicated on the website of the online store does not include the cost of delivery of the Product to the Buyer's address.

4.5. The Seller can indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer makes a corresponding request to the Seller by sending a letter to the e-mail or when placing an order through the operator of the online store.

4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller on his account.

4.7. Settlements between the Seller and the Buyer for the Goods are made by the methods indicated on the website of the online store in the "Delivery and payment" section.

4.8. Failure by the Buyer to fulfill his obligations regarding the payment of the Goods ordered by him is considered a unilateral refusal of the Buyer from this Agreement in full, which, accordingly, has the effect of terminating in full all obligations of the Seller that arose as a result of the Buyer's acceptance of the Seller's offer to conclude this Agreement.

4.9. All calculations under this Agreement are made exclusively in the national currency of Ukraine. The Seller may, for the convenience of informing some Buyers, also indicate the price in a foreign currency, while the amount to be paid in hryvnias is determined by the official exchange rate of the relevant currency on the day of payment.

4.11. If the Buyer ordered the Goods with delivery, the Seller undertakes to deliver the ordered Goods to the Buyer or the Recipient of the Goods at the place of delivery of the Goods specified by the Buyer in the relevant Order for the Goods within 60 calendar days from the moment the Buyer concludes this Agreement (acceptance of the Seller's offer by the Buyer).

4.12. Delivery of the Goods is carried out by the Seller in the manner and to the place specified by the Buyer in the relevant Order for the Goods.

4.13. The cost of delivery of the Goods ordered by the Buyer is determined depending on the place and method of delivery specified by the Buyer in the relevant Order for the Goods.

4.14. The delivery and delivery (handover) of the ordered Goods by means of the delivery service of LLC "Nova Poshta" is carried out in accordance with this Agreement, taking into account the specifics of the cargo delivery conditions established by LLC "Nova Poshta".

4.15. The risk of accidental destruction, loss or damage of the ordered Goods passes to the Buyer from the moment of delivery (handover) of the Goods to the Buyer or the Recipient of the Goods.

4.16. When receiving the goods, the Buyer must check the conformity of the Goods with the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date) in the presence of the representative of the delivery service (carrier).

4.17. The buyer or his representative, when accepting the goods, confirms with his signature on the goods receipt / or in the order / or in the waybill for the delivery of goods.

4.17.1. The signature of the Buyer or the Recipient of the Goods on the second copy of the Order form for the Goods is an unconditional confirmation of the following facts: - receipt of the ordered Goods by the Buyer or the Recipient of the Goods; - compliance of the ordered Goods with the Order for this Goods sent by the Buyer; - the Buyer has no complaints regarding the quality and completeness of the ordered Goods.

4.18. The right of ownership and the risk of accidental loss or damage to the Goods shall be transferred to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer in the city of delivery of the Goods upon independent delivery of the Goods from the Seller, or during the handover by the Seller of the goods to the delivery service (carrier) chosen by the Buyer.

4.19. This Agreement is deemed to have been fulfilled at the time of delivery (handover) to the Buyer or the Recipient of the Goods of the complete Goods ordered by the Buyer of the appropriate quality, which fully correspond to the Order sent by the Buyer for this Goods.

4.20. The refusal of the Buyer or the Recipient of the Goods to accept the ordered Goods, which are of high quality, complete and fully correspond to the Order sent by the Buyer for this Goods and/or the refusal of the Buyer or the Recipient of the Goods to sign the documents for this Goods is considered a unilateral refusal of the Buyer from this Agreement in full, which, accordingly, has the effect of terminating in full all obligations of the Seller that arose as a result of the Buyer's acceptance of the Seller's proposal regarding the conclusion of this Agreement, except for the Seller's obligations to - return the funds paid by the Buyer for the Goods (in the event that such funds have been paid), and the Buyer has an obligation to pay for delivery (in the case of ordering courier delivery of the goods).

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5. Rights and obligations of the Parties:

5.1. The seller is obliged to:

5.1.1. Deliver the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.

5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except for cases provided by law and during the execution of the Buyer's Order.

5.2. The seller has the right to:

5.2.1 Change the terms of this Agreement, as well as the prices of Goods and services, unilaterally, by posting them on the website of the Internet store. All changes take effect from the moment of their publication;

5.2.2. Conduct Sales and offer Promotional offers that provide a temporary opportunity to purchase the Product on more favorable terms than usual.

5.3 The buyer undertakes:

5.3.1 Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the Internet store website;

5.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer, and is sufficient to deliver the ordered Goods to the Buyer and/or provide full bank details for the refund;

5.3.3. In accordance with the procedure and under the conditions established by this Agreement, accept the ordered high-quality and complete Goods.

5.4 The buyer has the right to:

5.4.1. Demand full and proper fulfillment of the terms of this Agreement from the Seller;

5.4.2. In the event of erroneous transfer of a larger amount and/or return of goods or in case of inability to fulfill the order paid for by the Seller, within 3 calendar days from the occurrence of one of the listed cases, provide return details for the return of transferred funds

5.4.3. Reject this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;

5.4.4. In case of termination or rejection of this Agreement, demand from the Seller the return of money paid for the Goods;

5.4.5. To exercise other rights stipulated by this Agreement and the norms of the current legislation of Ukraine.

 

6. Exchange and return of Goods

6.1. EXCHANGE

6.1.1. The Buyer has the right, within the period established by the current legislation of Ukraine, to exchange the Goods of appropriate quality for a similar one from the Seller, if the Goods did not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used by him as intended.

6.1.2. Exchange of goods of appropriate quality is carried out if it has not been used and if its appearance, consumer properties, seals and labels have been preserved.

6.1.3. Exchange of Goods of proper quality, as well as exchange (replacement) of Goods with significant defects is carried out by the Seller on the basis of the Buyer's application.

6.1.4. The Buyer's demands for the exchange of Goods of proper quality, as well as the Buyer's demands for the exchange (replacement) of Goods with significant defects, if the Seller has the Goods necessary for the exchange or replacement, are subject to immediate satisfaction by the Seller, but in any case no later than 14 ( fourteen) days from the moment of receipt from the Buyer specified in clause 6.1.3. of this Application Agreement.

6.2. RETURNS

6.2.1. The buyer has the right to return the goods to the seller of the appropriate quality, if the goods did not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used for their purpose. The buyer has the right to return the goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of the product of proper quality is carried out if it has not been used and if its appearance, consumer properties, packaging, seals, labels have been preserved.

6.2.1.1. The list of goods that are not subject to return on the grounds provided for in the subsection.

6.2.1. Agreement https://zakon.rada.gov.ua/laws/show/172-94-%D0%BF#Text.

6.2. The return to the Buyer of the cost of goods of appropriate quality is carried out within 30 (thirty) calendar days from the moment of receipt of such Goods by the Seller, subject to compliance with the requirements stipulated in clause 6.1. Agreement, current legislation of Ukraine.

6.3. The price of the product is subject to refund by bank transfer to the Buyer's account, subject to the Buyer's compliance with Clause 5.3.2. Agreement.

6.4. The return of the Goods of proper quality to the Seller's address is carried out at the expense of the Buyer and the Seller does not reimburse the Buyer.

6.5. Consideration of the requirements stipulated by the Law of Ukraine "On the Protection of Consumer Rights" is carried out by the Seller on the condition that the Buyer provides the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for the defects of the Goods that arose after their transfer to the Buyer as a result of the Buyer's violation of the rules of use or storage of the Goods, actions of third parties or force majeure.
6.6. The buyer does not have the right to refuse a good quality product that has individually defined properties, if the specified product can be used exclusively by the buyer who purchased it (including, at the buyer's request, non-standard sizes, characteristics, appearance, equipment and other). The confirmation that the product has individually defined properties is the difference in product sizes and other characteristics specified in the online store.

6.7. The return of goods, in the cases provided for by law and this Agreement, is carried out at the address specified on the website in the "Exchange and return" section. If the Goods were delivered to the Buyer by means of the delivery service of Nova Poshta LLC, the Buyer returns the Goods to the Seller in the same way.

6.8. The return of the Goods must be made by the Buyer in the original packaging in which he or the Recipient of the Goods received the Goods.

6.9. The returned Product must meet the following requirements: it has not been used, its product appearance, consumer properties, seals and labels have been preserved.

 

7. Procedure for termination of the Agreement

7.1. The Buyer has the right to terminate this Agreement in the cases and within the terms established by the current legislation of Ukraine, by notifying the Seller in accordance with the procedure established in Clause 7.2. of this Agreement.

7.2. Notice of termination of this Agreement shall be deemed to be the Buyer's application for the return of funds paid for the Goods, sent to the Seller in accordance with the procedure established by current legislation, taking into account the terms of the Agreement.

7.3. This Agreement is considered terminated from the moment the Seller receives the Buyer's application for the return of funds paid for the Goods.

7.4. Termination of this Agreement by the Buyer has the effect of returning the purchased (received) Goods to the Seller in accordance with the procedure established by Section 6 of this Agreement.

 

8. Responsibility

8.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper use and storage of the Goods purchased from the Seller.

8.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.

8.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

8.4. The Seller or the Buyer is released from responsibility for full or partial non-fulfillment of their obligations, if the non-fulfillment is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Seller and/or The buyer after concluding this contract. A Party that cannot fulfill its obligations shall immediately notify the other Party thereof.

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9. Confidentiality and protection of personal data

9.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as taking other actions provided for by the Law of Ukraine "On the Protection of Personal Data ", without limiting the validity period of such consent.

9.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of a contract with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

9.3. The buyer is responsible for keeping his personal data up-to-date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency.

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10. Other conditions

10.1. This contract is concluded on the territory of Ukraine and is a public contract (offer) for the retail purchase and sale of Goods at a distance using means of remote communication (the Internet) through an online store.

10.2. Withdrawal or change of the terms of the proposal (offer) regarding the conclusion of this public Contract, as well as the change of the conditions of this public Contract, can be carried out by the Seller at any time without additional warning to the Buyer.

10.3. Withdrawal or change of the conditions of the proposal (offer) regarding the conclusion of this public contract, as well as the change of the conditions of this public contract, cannot be the basis for: - any revision or change of conditions or termination of contracts already concluded by the Seller with the Buyers on the terms of this public contract; - refusals of the Seller from the assumed obligations under the contracts that were already concluded with the Buyers under the terms of this public Contract.

10.4. The terms of the offer (offer) regarding the conclusion of this public Contract, as well as the conditions of this public Contract, are the same for all Buyers.

10.5. The conclusion of this public Contract (the Buyer's acceptance of the Seller's offer) is considered the unconditional and full acceptance by the Buyer of all the terms of this public Contract without exceptions, including essential conditions, as well as the entry into the relevant contractual legal relationship with the Seller.

10.6. Confirmation of the conclusion of this public contract is indicated in clause 3.3. of this Public Agreement sent by the Seller to the Buyer an automatic electronic notification about the processing of the Order for the Goods.

10.7. Recognizing certain terms of this Public Contract as invalid, null or void does not have the effect of recognizing any other terms of this Public Contract as invalid, null or void.

10.8. By entering into this public Agreement, the Buyer gives his full, complete and indefinite consent to receive from the Seller via SMS, e-mail, social networks, etc., informational messages about the news of the Online Store, as well as Promotional Offers and Sales of Goods held by the Seller in the Online Store .10.9. By filling out the "Ordering" form and/or going through the registration procedure on the website: https://www.junejulywear.com of the online store, the Buyer gives his full and complete and indefinite consent to the processing and use by the Seller of information about the Buyer, including information , which in accordance with the current legislation of Ukraine is considered personal data, exclusively for the following purposes:

• for the purpose of registration and identification of the Buyer in the online store;

• for the purpose of renewing the Buyer's registration password in the online store;

• for marketing purposes, namely: notification of the Buyer via SMS, e-mail, social networks, etc. about the news of the Online Store, Promotional Offers and Sales of Goods held by the Seller in the Online Store, conducting an analysis of the market for the consumption of the Goods, determining the circle of potential Buyers, determination of the needs of potential Buyers in the Goods offered for sale, etc.;

• for the purpose of conscientious performance by the Seller of its contractual obligations to the Buyer, including obligations regarding the delivery of the Goods;

• for the purpose of fulfillment by the Seller of the requirements of the current legislation of Ukraine, including the legislation on the protection of consumer rights.

10.10. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.

10.11. Legal relations arising from this public contract are subject to the provisions of Article 633 of the Civil Code of Ukraine, the Law of Ukraine "On the Protection of Consumer Rights", the Rules for the sale of goods to order and outside trade or office premises, approved by the Order of the Ministry of Economy of Ukraine dated 04.19.2007 No. 103.

10.12. For all issues that are not reflected in this public Agreement, the Parties are governed by the norms of the current legislation of Ukraine.