PUBLIC CONTRACT (OFFER)

for the order, sale and delivery of goods

This Agreement is an official and public offer of the JO'DA online store (hereinafter referred to as the Seller) to conclude a contract for the sale of the Goods presented on the website joda.com.ua

This agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another (except for those who are entitled to appropriate benefits by law).

By entering into this Agreement, the Buyer fully accepts the terms and procedure for placing an order, payment for the goods, delivery of the goods, return of the goods, liability for a bad faith order and all other terms of the Agreement. The Agreement is considered concluded from the moment the Buyer clicks the "Confirm Order" button on the checkout page in the "Cart" section and receives an order confirmation from the Seller in electronic form or by phone.

1. Definition of terms

1.1. Public Offer (hereinafter referred to as the "Offer") is a public offer of the Seller addressed to an indefinite number of persons to conclude a contract for the sale of goods remotely with the Seller (hereinafter referred to as the "Agreement") through the online store on the website:  joda.com.ua on the terms and conditions contained in this Offer.

1.2. Goods or Service - the object of the parties' agreement, 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  joda.com.ua created for the conclusion of retail and wholesale purchase and sale agreements on the basis of the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.

1.4. The Buyer is any legally capable person who, in the manner prescribed by this Agreement, has fully accepted (accepted) all its terms and conditions without exception.

1.5. The Seller is a contact person, individual entrepreneur Kuchma Galina Petrovna, the location, contact details and working hours of the Seller are indicated in the "Contacts" section on the website: joda.com.ua 

1.6. All other terms not specifically defined in this Agreement shall be perceived and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, business customs, as well as the purpose and subject of this Agreement. 

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 on the terms of this agreement.

 2.2. The date of the conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the moment of delivery (transfer) of the Goods upon full (100%) payment by the Buyer of the cost of the Goods and/or the date of filling out the order form located on the website of the online store, provided that the Buyer receives confirmation of the order from the Seller in electronic form or by telephone. If necessary, at the request of the Buyer, the Agreement may be executed in writing.

3. Ordering the order

3.1. The Buyer shall place an order in the Online Store through the "Shopping Cart" form, or by placing an order by e-mail or by calling the phone number indicated 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 when placing the order is incomplete or raises suspicion about their validity.

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

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

 3.5. If either party to the agreement requires additional information, it 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 services 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 read all the terms of this Agreement, and in case of acceptance (acceptance) of these terms in full, clicks the "Confirm Order" button, which is considered the fact that the Buyer has sent the corresponding Order for the selected Goods.

3.8. This Agreement is considered concluded, and the Seller's offer to conclude this Agreement (offer) is fully accepted (accepted) by the Buyer from the moment the Buyer clicks the "Confirm Order" button on the website: marsel-shop.com.ua.

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 terms of delivery and payment for 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 duly notified by the Seller in a convenient and accessible manner in accordance with the requirements of Part 2 of Article 13 of the Law of Ukraine "On Consumer Protection":

- location and working hours of the Seller;

- the main characteristics and consumer properties of the Goods selected by the Buyer;

- the cost of the Goods selected by the Buyer, as well as the cost of their delivery to the Buyer;

 - the method, procedure and terms of payment and delivery of the Goods selected by the Buyer;

- the procedure for accepting claims;

- the period of acceptance of the offer (offer) to conclude this public Agreement;

- the procedure for termination of this Agreement;

 - other conditions under 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, accessible, reliable and timely information about the selected product in full and properly in accordance with the requirements of Article 15 of the Law of Ukraine "On Consumer Protection", which fully ensured the possibility of conscious and competent choice of this product.

3.12. Clicking on the "Confirm Order" button by the Buyer shall be deemed unconditional and full acceptance by the Buyer of all the terms of this Agreement without exception, as well as entry into the relevant contractual legal relationship with the Seller. In cases provided for by the current legislation of Ukraine, this Agreement shall be concluded in writing.

3.13. The term for processing and execution by the Seller of the Order for the Goods sent by the Buyer shall be up to 2 (two) working days from the date of filling and sending by the Buyer in the manner prescribed by clauses 3.1.-3.2. of this Agreement, the form of such Order for the Goods. If the specified Order for the Goods was sent by the Buyer on a weekend or a holiday, the term for processing and execution of this Order for the Goods begins on the first working day after the weekend or holiday (* this paragraph applies only to the processing and execution of the order, and not to the term 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 The prices for the Goods are determined by the Seller independently and are indicated on the website of the online store. All prices for the 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 Goods, the cost of which is paid by the Buyer in full, cannot be changed by the Seller unilaterally.

 4.3. The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.

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

4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer contacts the Seller with a request by sending an 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 Seller receives funds to his account.

 4.7. Settlements between the Seller and the Buyer for the Goods are made in the ways specified on the website of the online store in the section "Payment Method".

4.8. Failure of the Buyer to fulfill its obligations to pay for the Goods ordered by it shall be considered a unilateral withdrawal of the Buyer from this Agreement in full, which, accordingly, shall result in the termination in full of all obligations of the Seller arising from the Buyer's acceptance of the Seller's offer to conclude this Agreement.

4.9. All payments under this Agreement shall be made exclusively in the national currency of Ukraine. The Seller may, for the convenience of informing some Buyers, also indicate the price in foreign currency, and the amount payable in UAH shall be determined at the official exchange rate of the relevant currency on the day of payment.

 4.10. If the Buyer has ordered the Goods without delivery, he/she may independently receive the ordered Goods at the Seller's address specified in the "Contacts" section on the JO'DA online store website.

 4.11. If the Buyer has ordered the Goods with delivery, the Seller undertakes within the period specified in the relevant automatic electronic message about the processing of the Buyer's Order for the Goods, but in any case no later than 30 (thirty) calendar days from the date of conclusion by the Buyer of this Agreement (acceptance by the Buyer of the Seller's offer) to deliver the ordered Goods to the Buyer or the Recipient of the Goods to the place of delivery of the Goods specified by the Buyer in the relevant Order for the Goods.

 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 shall be determined depending on the place and method of delivery specified by the Buyer in the relevant Order for the Goods.

4.14. Delivery and delivery (transfer) of the ordered Goods by means of the delivery service of Nova Poshta LLC is carried out under this Agreement, taking into account the peculiarities of the terms of delivery of goods established by Nova Poshta LLC.

4.15. The risk of accidental destruction, loss or damage to the ordered Goods shall be transferred to the Buyer from the moment of delivery (transfer) of this Goods to the Buyer or the Recipient of the Goods.

4.16. Upon receipt of the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life).

 4.17. The Buyer or his/her representative confirms the acceptance of the Goods by signing the sales receipt/ or the order/ or 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 claims regarding the quality and completeness of the ordered Goods.

4.18. The ownership and 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 self-delivery of the Goods from the Seller, or upon transfer of the goods by the Seller to the delivery service (carrier) chosen by the Buyer.

4.19. This Agreement shall be deemed to be fulfilled upon delivery (transfer) to the Buyer or the Recipient of the Goods of the complete Goods ordered by the Buyer of good quality, which fully complies with the Order for this Goods sent by the Buyer.

 4.20. The refusal of the Buyer or the Recipient of the Goods to accept the ordered Goods, which are of good quality, complete and fully comply with the Order for this Goods sent by the Buyer and/or the refusal of the Buyer or the Recipient of the Goods to sign the documents for this Goods shall be considered a unilateral refusal of the Buyer from this Agreement in full, which, accordingly, entails the termination in full of all obligations of the Seller arising from the Buyer's acceptance of the Seller's offer to conclude this Agreement, except for the Seller's obligations to - return

5. Rights and obligations of the Parties

5.1. The seller is obliged to:

5.1.1. Transfer 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 as 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 prices for Goods and services, unilaterally by posting them on the website of the Online Store. All changes come into force from the moment of their publication.

5.2.2. To conduct Sales and offer Promotional offers that provide a temporary opportunity to purchase the Goods 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 website of the online store.

 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 identify him as the Buyer and are sufficient to deliver the ordered Goods to the Buyer and/or provide full bank details for a refund.

 5.3.3 Accept the ordered quality and complete Goods in the manner and under the conditions established by this Agreement;

 5.4 The Buyer has the right to:

5.4.1. Require the Seller to fully and properly fulfill the terms of this Agreement;

5.4.2. Refuse to accept and pay for defective Goods or Goods that do not comply with the Order for this Goods;

5,4.3. To withdraw from this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;

5.4.4. In the event of termination or withdrawal from this Agreement, require the Seller to return the funds paid for the Goods;

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

6. Exchange and return of the 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 good quality for a similar one from the Seller if the Goods do not satisfy him in terms of shape, size, style, color, size or for other reasons cannot be used for their intended purpose.

6.1.2. The exchange of Goods of good quality is carried out if they have not been used and if their presentation, consumer properties, seals and labels, as well as the payment document issued to the consumer together with the sold Goods are preserved.

 6.1.3. The exchange of the Goods of good quality, as well as the exchange (replacement) of the Goods with significant defects, is carried out by the Seller on the basis of a written application of the Buyer, delivered personally to the Seller's representative or sent to the Seller's address indicated on the website of the Online Store.

6.1.4. The Buyer's requirements for the exchange of Goods of good quality, as well as the Buyer's requirements for the exchange (replacement) of Goods with significant defects, if the Seller has the Goods necessary for the exchange or replacement, shall be immediately satisfied by the Seller, but in any case no later than 14 (fourteen) days from the date of receipt of the application specified in clause 6.1.3. of this Agreement from the Buyer.

6.1.5. The exchange of the Goods of good quality, as well as the exchange (replacement) of the Goods with significant defects, is carried out by the Seller if the Buyer has the appropriate payment document of the established form (receipt, sales or cash receipt) confirming the sale of the Goods to the Buyer, with a note on the date of sale (date of transfer) of the Goods.

6.2. Return

6.2.1. The Buyer has the right to return to the Seller non-food goods of good quality if the goods do not satisfy him in terms of shape, size, style, color, size or for other reasons cannot be used for their intended purpose. The buyer has the right to return the goods of good quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of good quality is carried out if they have not been used and if their presentation, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for payment for the Goods are preserved.

6.2.1.1. The list of goods that are not subject to return on the grounds provided for in subparagraph 6.2.1. of the Agreement is approved by the Cabinet of Ministers of Ukraine (zakon.rada.gov.ua/laws/show/172-94-p). Also, the goods of seasonal or any type of sales, promotional offers - Goods at a reduced price are not subject to return. Such Goods have a one-way ticket. In case of ordering goods on the website: marsel-shop.com.ua / Online Store in the "Sale" section, the Buyer clicks the "Confirm Order" button, this is considered the fact that the Buyer has sent the corresponding Order for the selected Goods. The goods from this section are not subject to exchange and return (subject to full prepayment).

6.2. The cost of the Goods of good quality shall be refunded to the Buyer within 7 (seven) calendar days from the date of receipt of such Goods by the Seller, subject to the requirements provided for in clause 6.1. of the Agreement, the current legislation of Ukraine.

6.3. The cost of the goods shall be refunded by bank transfer to the Buyer's account, subject to the Buyer's compliance with clauses 5.3.2. of the Agreement.

6.4. The return of the Goods of good 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. In case of detection of defects in the Goods within the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to make claims to the Seller provided for by the Law of Ukraine "On Protection of Consumer Rights". In case of claims for free elimination of defects, the period for their elimination shall be calculated from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.

6.6. Consideration of the requirements provided for by the Law of Ukraine "On Consumer Protection" is carried out by the Seller, provided that the Buyer provides the documents provided for by the current legislation of Ukraine. The Seller shall not be liable for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer's violation of the rules for the use or storage of the Goods, actions of third parties or force majeure.

6.7. The Buyer shall not be entitled to refuse goods of good quality with individually determined properties if the said goods can be used exclusively by the Buyer who purchased them (including, at the Buyer's request, non-standard sizes, characteristics, appearance, equipment, etc.) Confirmation of the fact that the goods have individually defined properties is the difference in the size of the goods and other characteristics specified in the online store.

6.8. Return of the Goods, in cases provided for by law and this Agreement, shall be carried out at the address indicated on the website in the section "Contacts" If the delivery of the Goods to the Buyer was carried out by means of the delivery service of Nova Poshta LLC, the Buyer shall return the Goods to the Seller in the same way.

6.9. The Buyer shall return the Goods in the original packaging in which he or the Recipient of the Goods received the Goods.

 6.10. The returned Goods must meet the following requirements: they have not been used, their presentation, consumer properties, seals and labels, as well as the payment document issued to the consumer together with the sold Goods have been preserved.

7 . Procedure for termination of the Agreement

7.1. The Buyer shall have the right to terminate this Agreement in cases and within the terms established by the current legislation of Ukraine by notifying the Seller in the manner prescribed by clause 7.2. of this Agreement.

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

7.3. This Agreement shall be deemed terminated from the moment the Seller receives the Buyer's application for a refund of the funds paid for the Goods.

7.4. In order to exercise its right to terminate this Agreement, the Buyer must necessarily keep and present to the Seller the relevant settlement document of the established form (receipt, sales or cash receipt) confirming the purchase of the Goods, with a note on the date of sale (date of transfer) of the Goods.

7.5. Termination of this Agreement by the Buyer shall result in the return of the purchased (received) Goods to the Seller in the manner prescribed by Section 6 of this Agreement.

8. Responsibility

8.1. The Seller shall not be liable for damage caused to the Buyer or third parties as a result of improper use, storage of the Goods purchased from the Seller.

8.2. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in case the Buyer provides inaccurate or false 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 shall be released from liability for full or partial failure to fulfill their obligations if the failure is the result of force majeure circumstances such as war or hostilities, earthquake, flood, fire and other natural disasters that have arisen regardless of the will of the Seller and / or the Buyer after the conclusion of this agreement. The Party that is unable to fulfill its obligations shall immediately notify the other Party thereof.

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 provides the Seller with his voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other actions provided for by the Law of Ukraine "On Personal Data Protection", without limiting the validity of such consent.

9.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller provides information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is required 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 shall not be liable for poor performance or non-performance of its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.

10. Other conditions

10.1. This agreement is concluded on the territory of Ukraine and is a public agreement (offer) for the retail sale of the Goods at a distance by means of remote communication (Internet) through the Online Store.

 10.2. The Seller may withdraw or change the terms of the offer (offer) to conclude this public Agreement, as well as change the terms of this public Agreement at any time without additional notice to the Buyer.

10.3. The withdrawal or change of the terms of the offer (offer) to conclude this public Agreement, as well as the change of the terms of this public Agreement, may not be the basis for:

 -any revision or change in the terms or termination of the agreements already concluded by the Seller with the Buyers under the terms of this public Agreement;

-the Seller's refusal to fulfill its obligations under the agreements already concluded with the Buyers under the terms of this public Agreement.

10.4. The terms of the offer (offer) to conclude this public Agreement, as well as the terms of this public Agreement, are the same for all Buyers.

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

10.6. Confirmation of the conclusion of this public Agreement is the automatic e-mail message sent by the Seller to the Buyer about the processing of the Order for the Goods specified in clause 3.3. of this public Agreement.

10.7. Recognition of invalid, void or invalidated individual terms of this public Agreement does not entail the recognition of any other terms of this public Agreement as invalid, void or invalid.

 10.8. By entering into this public Agreement, the Buyer gives its full and unlimited consent to receive from the Seller via SMS, e-mail, social networks, etc. information messages about the news of the Online Store, as well as about Promotional Offers and Sales of Goods conducted 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: marsel-shop.com.ua / Online Store, the Buyer gives his full and unlimited consent to the processing and use by the Seller of information about the Buyer, including information that is considered personal data in accordance with the current legislation of Ukraine, solely for the following purposes

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

 - for the purpose of updating the Buyer's registration password in the Online Store; - for marketing purposes, namely: notifying the Buyer via SMS, e-mail, social networks, etc. about the news of the Online Store, Promotional Offers and Sales of Goods conducted by the Seller in the Online Store, analyzing the market for the consumption of Goods, determining the range of potential Buyers, determining the needs of potential Buyers for the Goods offered for sale, etc;

 - in order for the Seller to fulfill its contractual obligations to the Buyer in good faith, including obligations to deliver the Goods;

 - in order for the Seller to fulfill the requirements of the current legislation of Ukraine, including the legislation on consumer protection.

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

10.11. The legal relations arising from this public Agreement shall be governed by the provisions of Article 633 of the Civil Code of Ukraine, the Law of Ukraine "On Protection of Consumer Rights", the Rules for the sale of goods to order and outside commercial or office premises, approved by the Order of the Ministry of Economy of Ukraine dated 19.04.2007 No. 103.

10.12. On all issues not reflected in this public Agreement, the Parties shall be guided by the norms of the current legislation of Ukraine.

Back to top