TERMS OF USE OF THE ONLINE STORE

1. Terms and definitions:

The Terms and Conditions of Use define the rules for using the website of the online store. By using the website of the online store, you accept and agree to the circumstances provided for in these Terms and Conditions of Use.

1. Terms and definitions:

1.1. A contract concluded at a distance is a contract concluded by the Seller with the Buyer (client) by means of remote communication.

1.2. Online store - an online store located on the website owned by the Seller and having the address on the Internet joda.com.ua, which presents the Goods offered for sale, terms of payment, delivery, return of these Goods.

1.3. Order - a duly executed and placed expression of the Buyer's (client's) will, which is aimed at concluding a retail sale and purchase agreement for the Goods offered by the Seller for retail sale through the online store.

1.4.Buyer (client) - an individual who purchases, orders, uses or intends to purchase or order products for personal needs not directly related to business activities. Such an individual must have the necessary legal capacity and the necessary authority to conclude contracts for the purchase and order of the Goods.

1.5. Seller - a business entity that sells the Goods to the consumer or offers them for sale under the contract.

1.6. Website - a website located on the Internet at: joda.com.ua

1.7. Goods (products) - clothing, accessories and other groups of goods in the assortment presented in the online store, the remote sale of which is not prohibited in the online store. The Seller allows the Buyer to view images (photographs) of the Goods, accompanied by information about the main characteristics of the products (name, country of origin, conditions of use, etc.) and the price of the products (Goods)

1.8. Delivery Service - third parties that provide services for the delivery of Orders to the Buyer.

2. Contact details of the seller

2.1. The Client may contact the Seller, who operates the online store, in the following ways.

- At the actual address of the online store joda.com.ua: Chernivtsi, 82 Holovna St,

- Call the hotline for landline and mobile phones: +380 50 582 24 35 

- By e-mail to: [email protected]

- Through the contact form on the Website of the online store.

3. General rules for using the JO'DA online store.

3.1. By registering on the website of the online store and ordering the Goods through the online store, the Buyer confirms his full and unconditional agreement with all the terms and conditions posted on this website.

3.2. The online store may only be used by persons over 18 years of age. The Buyer must have the necessary legal capacity and the necessary authority to conclude a contract for the sale of the Goods through the website. By registering on the website of the Online Store, you warrant that you are an adult and have the necessary civil capacity to use the website of the Online Store.

3.3 Any person under the age of 18 may use the Online Store only with the consent of their parents or guardians.3.4. The Buyer agrees to these Rules by performing the following mandatory actions:

- placing an order for the Goods in the manner prescribed by these Rules;

- Acceptance and approval by the Buyer of the terms and conditions established by these Rules, which is carried out during registration on the Seller's website - creating an account.

4. Registration on the website

4.1 To place an order, the Buyer must register on the website. Registration on the site is carried out by creating an account. After registering on the site, the Buyer can use the Account.

4.2. The Buyer is personally responsible for the accuracy, correctness and truthfulness of the information provided by the Buyer during registration on the site.

4.3. Everyone who registers and makes purchases on the website in the online store provides their personal data and agrees to their processing by Marsel under the terms and conditions specified in the Privacy Policy.

4.4. To confirm the accuracy of the data provided during the registration in the online store, the Client receives an email with a request to confirm their data.

4.5. When registering on the website in the online store - creating an account, the Buyer accepts the terms of the Privacy Policy, Terms and Conditions of use of the site by: - Clicking the "Create an account" button.

5. The procedure for placing an order and purchasing the Goods in the Online Store.

5.1. Orders are accepted through the website joda.com.ua. The buyer places an order through the Personal Account.

5.2. When placing an order, the Buyer must provide the following information:

- Surname and name of the Buyer or recipient of the order;

- Order delivery address;

- Contact information.

5.3. The Website of the Online Store contains information on the characteristics of the Goods, prices for the Goods, materials from which they are made and the approximate availability of these Goods from the Seller.

5.4. When ordering the Goods, the Buyer selects the Goods from the range offered by the Seller, indicating, in particular, size, color, if necessary, providing other specific information and indicating the quantity of the ordered Goods.

5.5. After selecting the Goods, the Buyer shall click the "Add to Cart" icon.

5.6. The Goods are moved to the Basket, which becomes visible after clicking the basket icon on the panel at the top of the site window. The Buyer can go to the Cart by clicking the "Checkout" button, which activates the page where all the Products in the Cart are displayed. The Buyer can add or delete, change the number of Products placed in the "Cart".

5.7. In order to purchase the Goods placed in the Basket, the Buyer must click on the button to proceed to "Checkout". After selecting the "Checkout" option, a page will open on which the Buyer must enter the data necessary to complete the transaction and ship the ordered Goods.

5.8. After choosing the delivery method (to the specified address) and entering all the necessary details (including payment details, if necessary), the payment method should be selected. The Buyer may choose to pay in cash upon receipt of the order or online payment if the possibility of online payment is provided by the Seller.

5.9. The completion of the order is confirmed by clicking on the "Checkout" button, which indicates that the Buyer has agreed to all the terms and conditions set forth on this website of the online store.

5.10. Immediately after placing the order, the Buyer will receive an order confirmation e-mail to the address specified in the login details. The e-mail contains an individual order number that can be used, for example, to check the status of the order.

5.11. At any stage of placing an order before it is placed, the Buyer may cancel the order by terminating the order process and leaving the order page. An order that the Buyer has not completed shall not be accepted by the Buyer for execution.

5.12. JO'DA may contact the Buyer by e-mail or phone number to clarify any unclear aspects, confirm the order or any other issues related to the order processing.

5.13. The Seller shall attach a purchase confirmation to each purchased Goods. The Buyer can download such a document on the Buyer's panel and receive the originals of such documents together with the received Goods. Marsel shall not be liable if the Buyer provides incorrect data.

5.14. Detailed terms and conditions regarding the payment procedure for the Goods are indicated in the "Payment" section on the website of the Online Store.

6. Availability of the ordered Goods

6.1. All Goods offered on the website of the Online Store are in the Seller's warehouse.

6.2. In special cases (for example, if many Buyers order the same Product at the same time), it may not be available. In this case, the Buyer will be informed that the order cannot be processed within the time limits set by the Seller.

6.3. The description of the Goods contained on the website of the Online Store contains full information about the available sizes. The product of an unavailable size cannot be added to the cart, but it can be added to the wish list.

7. Inability to place an order

7.1. If the Goods are out of stock or the order cannot be processed for any other reason, the Buyer will be notified by e-mail or telephone of any problems with order processing and possible solutions. In this case, the Seller has the right to refuse to place an order and deliver the Goods.

7.2. The Seller has the right to refuse the Buyer to process the order and its execution if the Buyer has not picked up the Goods from delivery 2 or more times in a row; if the Buyer refused to accept the Goods without reasonable grounds in the case of courier delivery; if the courier failed to deliver within 3 times, we will assume that you wish to terminate the Agreement.

8. The cost of the Goods and payment methods for the order.

8.1 The prices indicated on the website of the online store are indicated in UAH.

8.2 The price of the Goods does not include the cost of delivery, which depends on the chosen method of delivery of the Goods and the delivery address.

8.3 The price of the Goods indicated on the website at the time of ordering includes all tax calculations and is the final price binding on both the Buyer and the Seller. The Seller may change the price of the Goods unilaterally until the order is placed. After the order is placed, the price may not change, regardless of any price adjustments made by Marsel and any special offers or discounted sales.

8.4. JO'DA reserves the right to unilaterally change the prices of the Products available on the Website of the Online Store, to start selling new Products, to offer and cancel special offers on the Website of the Online Store or to change them.

8.5. Payment for the Goods shall be made in cash upon receipt of the Goods.

8.6. Payment upon receipt of the Goods shall be made by transferring cash to the courier upon receipt of the Goods (parcel).

8.7. Payment for the Goods by bank transfer using a bank card is possible if provided by the Seller. These are so-called quick transfers or electronic transfers made through PayPal. To pay for the Goods by bank transfer, the Buyer must have a card that allows online payments (this can be checked with the issuing bank). Payment by card is made through PayPal or PayU.

8.8. Please note! The Online Store never sends the Buyer a notification that the payment account has changed and that a transfer to the Seller's account is required. If the Buyer receives an email with such content, it is not necessary to respond to it or make any payments. Instead, you should forward the email unchanged to [email protected]

9. Methods and cost of delivery of the Goods

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

9.2. 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.

 9.3. The Goods shall be delivered by the Seller in the manner and to the place specified by the Buyer in the relevant Order for the Goods.

 9.4. 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.

9.5. 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.

9.6. 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.

9.7. 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).

9.8. 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.

9.10. 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.

9.11. 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.

9.12. 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.

 9.13. 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. 

10. Exchange and return of the Goods

10.1. Exchange

10.1.1. 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.

10.1.2. 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.

 10.1.3. 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.

10.1.4. 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.

10.1.5. The exchange of the Goods of good quality, as well as the exchange (replacement) of the Goods with significant defects, shall be carried out by the Seller if the Buyer has the relevant 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.

10.2. Return

10.2.1. 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.

10.2.1.1. 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).

10.2. 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.

10.3. 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.

10.4. 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.

10.5. 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.

10.6. Consideration of the requirements provided for by the Law of Ukraine "On Consumer Protection" shall be 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.

10.7. The Buyer shall not be entitled to refuse the goods of good quality with individually defined 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.

10.8. The return of the goods, in cases provided for by law and this Agreement, shall be made to 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.

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

10.10. 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.

11. Confidentiality, protection and processing of personal data

11.1. When registering on the Seller's website, when placing an Order for the Goods, the Buyer agrees to the collection and processing of his personal data (collection, registration, accumulation, storage, adaptation, modification, renewal, use, distribution, depersonalization, destruction).

11.2. The Buyer's consent to the processing of his/her personal data by JO'DA is voluntary, but without consent to the processing of personal data it is impossible to register and purchase on the website in the online store. All information on the processing of personal data is available in the section "Privacy Policy" on the website of the Online Store.

11.3. The Seller undertakes to maintain confidentiality regarding the Buyer's personal data, as well as other information of the Buyers, which became known to the Seller in connection with the implementation of the provisions of these Rules, except when such information is disclosed:

- is publicly available;

- disclosed with the permission of the Buyer;

- requires disclosure in cases established by law and/or upon receipt of requests from authorized public authorities.

11.4. The Seller has the right to use the "cookies" technology. "Cookies do not contain confidential information and are not transferred to third parties.

11.5. Processing of personal data for marketing purposes

11.6. The Client may agree to the processing of their personal data and its transfer to a third party to receive commercial information from JO'DA, such as special offers.

12. Intellectual property rights

12.1. All information contained on the website of the online store, any computer code that contains the Website, elements of the Website belong to the Seller on the right of intellectual property. You may not copy, reproduce, transmit, publish, or in any other way distribute web pages or materials of the Website, or computer codes or elements of the Website, except for personal use, without the prior written consent of the Seller.

13. Amendments to these Rules

13.1. The Seller reserves the right to make changes to these Rules. Such changes shall enter into force from the moment the new version of the Rules is posted on the website, unless a different effective date is provided for by the Rules themselves.

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