DefinitionsAgreement - this is a User Agreement posted at
https://en.jomodecor.com.ua/public-offer that is a public offer.
Online store/Website - a set of information resources published on the Internet at
https://en.jomodecor.com.ua/, which presents the Goods offered by the Seller that are available for purchase in Ukraine and abroad, as well as the terms of payment and delivery of Goods to the Buyer within Ukraine and abroad.
User - visitor of the
https://en.jomodecor.com.ua/ Website.
Buyer - an individual, a visitor of the Website who accepts the terms of this Agreement, who intends to order or purchase, or a customer who buys the Goods exclusively for personal needs, unrelated to entrepreneurial activity.
Seller/Administration of the Website - Online store "JOMO DECOR", Khodjaeva Olena Usmanivna (individual entrepreneur); location: Ukraine, 03038, Kyiv, Protasiv Yar street, house 8, apartment 49; RNTRC 2879920767.
Acceptance - actions of the Buyer/User aimed at accepting the terms of this Agreement.
Order - the Buyer's request for purchase and delivery of the Goods selected on the Website to the specified address, executed in the proper manner.
Sale of Goods via the online store - sale of Goods by making an electronic transaction, based on the Buyer’s familiarization with the description of the Goods offered by the Seller available in the catalogue of the Online store, which excludes the possibility of the Buyer to learn first-hand about the Goods.
Goods - pieces of decor/interior decorating items, and other products available for sale in Ukraine and abroad on the Seller's Website.
Proposal - information about a particular Product that can be purchased by the Buyer within the territory of Ukraine and abroad, posted on the Website. The Proposal includes: information about the goods, information about the price of the Goods, methods of payment and delivery, as well as other terms of purchase of the Goods by the Buyer. The terms of the Proposal are determined by the Seller. The proposal is not an offer, it only provides information about possible ways to purchase the Goods.
Personal account - a section of the Online store available to the User after registration, through which the latter manages his account.
Status message - a message sent by the Seller to the email or mobile number of the Buyer/User that contains information about the status of the Order, Registration, access to the Personal Account, etc. Messages of this kind can be received by the Buyer/User when performing the appropriate actions (Registration, Ordering, etc.) and they do not require additional consent to be received.
Information message - a message sent by the Seller to the email or mobile number of the Buyer /User that contains information on special offers, promotions, news from the Seller and other messages.
Contact center is one of the ways for Buyers/Users to get information support. Contact center phone number: +38(066)-145-74-07. Calls are charged according to the tariffs of your service provider. Lines are open from 08:00 to 20:00 daily.
1. General provisions1.1. This Agreement defines the conditions for use of the Website by the Buyers/Users.
1.2 In accordance with articles 633, 641-642 and chapter 63 of the Civil Code of Ukraine, this Agreement is a public contract (offer), and its terms are the same for all buyers wishing to purchase goods in the online store in Ukraine and abroad regardless of their status (individual, legal entity, individual entrepreneur).
1.3. Since this Agreement is a public offer, when accessing the materials of the Website, the Buyer/User is considered to have accepted this Agreement.
1.4. The administration of the Website (the website owner and/or his authorized persons) has the right to unilaterally modify the terms of this Agreement at any time. A new or amended Agreement becomes effective upon posting it on the Website. In case the Buyer/User does not agree with the amendments, he is obliged to stop using the Website, its materials and services.
1.5. The Buyer/User fully agrees with this public offer when placing an Order on the Website.
1.6. The Buyer/User agrees that he understands all the terms of this Agreement and accepts it fully and unconditionally.
1.7. The seller sells the Goods via the Online store.
1.8. By ordering the Goods through the Online store, the Buyer agrees to the terms of sale of the Goods set in this Agreement. In case of disagreement, the Buyer must not order the Goods through the Online Store.
1.9. The Agreement is considered concluded from the moment of the Seller receiving the properly executed Order from the Buyer specifying:
● e-mail address, surname, name, middle name, phone number of the Buyer or the person (Recipient) specified by him, address the Goods should be delivered to;
● name, quantity and price of the Goods;
● the cost of delivery under the conditions specified in the section "Delivery".
2. Subject of the Agreement2.1. The subject of this Agreement is to enable the Buyer to purchase Goods presented in the catalogue of the online store for personal needs only (unrelated to entrepreneurial activity), under the terms of this Agreement. This Agreement regulates the purchase and sale of Goods in the online store, including:
● voluntary choice of the Goods presented in the Online store by the Buyer;
● independent placing of the Order in the Online Store by the Buyer;
● payment for the Order placed in the Online Store by the Buyer;
● processing and delivery of the Order to the Buyer on the terms of this Agreement.
3. Information about the Goods and the price of the Goods3.1. The pictures of the Goods presented on the Website may slightly differ from the actual appearance of the Goods. Descriptions/characteristics accompanying Goods are provided for illustrative purposes. The Online store does not guarantee the accuracy and completeness of the materials about the Goods available on the Website. The Seller specifies the main characteristics of the Goods. The Buyer may get full information about the product by contacting the Contact Center consultants during business hours by calling the Contact Center or by sending messages in the "Online Consultation" section of the Personal Account on the Website. The Seller may make changes to the description or photographs of the Goods at any time without prior notice. The Online Store is not responsible for any damages (including, but not limited to, loss of profits, loss of data or interruption of business activity) resulting from the use, inability to use or impact from the use of the Website.
To clarify the information about the product, the Buyer may contact the consultants of the Online Store in the Contact Center by calling during the Contact Center working hours or via messages in the "Online Consultation" section.
3.2. The price of the Goods presented on the Website is shown in UAH without VAT.
3.3. The information about the Goods that is available on the Website is presented for illustrative purposes.
3.4. The Buyer agrees that the price of the Goods placed in the "Shopping cart", its range and quantity will be relevant only at the time of adding Goods to the "Shopping cart", and may change before the confirmation of the Order.
3.5. The price is displayed in the "Shopping cart" when placing the Order, taking into account discounts or promotional offers. By clicking the "Place an order" button, the Buyer agrees to purchase the Goods at the price displayed in the "Shopping cart".
3.6. The price of the Goods presented on the Website may be changed by the Seller unilaterally.
3.7. The Seller has the right to offer discounts on Goods, create promotions, set special prices for Goods and change them unilaterally.
3.8. In case of incorrect indication of the price for the Goods ordered by the Buyer, the Seller informs the Buyer about this change to confirm the Order at the corrected price or cancels the Order. If it is impossible to contact the Buyer, this Order is considered to be canceled. If the Order has been paid, the Seller returns the amount paid for the Order to the Buyer’s payment card.
4. Ordering4.1. The Buyer places the Order by choosing the desired Product freely, moving it to the "Shopping cart" section and confirming it by clicking the "Place Order" button or by calling the Contact Center. After placing the Order, the Buyer will be sent a message confirming the Order according to the contact information specified during the Order (e-mail and/or mobile phone) or the expected date of receipt of the Goods in its absence. In case an order is placed by phone, the confirmation message would be transmitted via call or message to a mobile number.
4.2. In the absence of the Goods ordered by the Buyer in the warehouse of the Seller, the latter has the right to cancel the Buyer's Order, notifying the Buyer by calling the consultant of the Online Store, sending an e-mail or message to a phone number. In case of cancellation of the prepaid Order, the Seller returns the cost of the Goods to the Buyer’s payment card.
4.3. By placing an Order, the Buyer acknowledges acceptance of the terms of this Agreement and agrees to the processing of his personal data. The buyer confirms that he is familiar with the "Delivery and payment" section of the website, agrees and understands it fully. The Seller reserves the right to change the delivery time of the Order and notify the Buyer subsequently.
4.4. The Buyer is responsible for the adverse impact of providing false information, which caused the impossibility of the Seller to properly fulfill its obligations to the Buyer.
4.5. To confirm the Order, the Buyer may be contacted by an Online store consultant, who clarifies the details of the Order, agrees on the date and time of delivery. Confirmation of the Order can take place without calling a consultant, by email or phone number.
4.6. The Seller has the right to refuse to process the Order if the data specified by the Buyer when placing the Order is incomplete or raises suspicion of its inaccuracy. In case of cancellation of the prepaid Order, the cost of the Goods is returned by the Seller to the Buyer’s payment card.
4.7. In case of absence of the ordered Goods, the Buyer has the right to replace the order with other Goods or cancel the Order via messages in the "Feedback" section of the Personal Account, or using the phone number or e-mail address provided by the Buyer.
4.8. The Buyer has the right to cancel the Order by phone or by sending an email to the Seller.
5. Delivery of Goods5.1. Delivery of the Goods is carried out by the courier company "Nova Poshta" within the territory of Ukraine, as well as abroad by other possible courier companies. Methods, approximate dates and area of delivery of the Goods are available in the "Delivery and payment" section of the Website. Buyer agrees the approximate time of delivery with the operator or consultant of the Online Store when confirming the Order. Buyer discusses the delivery time with a representative of the courier company "Nova Poshta".
5.2. Upon delivery, the Goods are handed over to the Buyer or a third party specified in the Order (Recipient). If it is impossible to receive the Goods by the above persons, the Goods may be handed over to a person who can provide information about the Order, as well as pay the cost of the Order in full. The Seller's obligations in this case are considered duly fulfilled.
5.3. Together with the Order, the Buyer gets the documents determined by the current legislation of Ukraine.
5.4. The representative of the courier company/courier has the right to request an identity document of the Recipient upon delivery of the Goods.
5.5. The Buyer gets a full ownership of the Goods at the time of receiving the Goods, after the full payment for the Goods.
5.6. The risk of accidental full or partial damage of the Goods passes to the Buyer at the time of transfer of the Goods to him and affixing a signature by the Buyer/Recipient in the documents confirming its delivery. In case of non-delivery of the Goods, the Seller should refund the Buyer the full cost of the Order and delivery prepaid by the latter after receiving confirmation from the courier company of the loss of the Goods or its return to the Seller's warehouse.
5.7. Shipping cost:
Delivery by the Nova Poshta courier company is carried out at the prices set by the Nova Poshta courier company at the Buyer’s expense.
Delivery abroad is carried out at the prices of the courier company selected by the Buyer at the Buyer’s own expense.
5.8. The Seller's responsibility to deliver the Goods to the Buyer is considered fulfilled at the time of delivery of the Goods to the Buyer/Recipient or receipt of the Goods in offices and/or from couriers of Nova Poshta courier company and/or other international courier company selected by the Buyer.
5.9. When receiving the Order, the Recipient must check the integrity of the packaging and, if there are no visible injuries, he should pay the amount of the Order, considering the cost of delivery (when making a cash payment to the courier). The Seller's courier, as well as other employees/couriers of the Nova Poshta courier company and/or another international courier company selected by the Buyer are not authorized to provide any advice on the Goods. All questions should be addressed to the consultant of the Contact Center of the Online Store.
In case the product is damaged, absent or defective, the defective Goods may be returned at the request of the Buyer.
6. Payment for Goods6.1. The Buyer can pay for the Order in one of the following ways:
● By cash: The Buyer can pay for the Order in cash at the Nova Poshta office, he can pay to the courier of the Nova Poshta courier company and/or another international courier company selected by the Buyer.
● By card: When placing an Order, the Buyer can make a payment using a Visa or Mastercard credit card using the payment details provided by the Online Store.
7. Returning Goods and payments7.1. Return of Goods of adequate quality. The Buyer has the right to exchange the Goods of adequate quality for a similar one from the Seller if the product did not satisfy him in shape, dimensions, style, color, size or for other reasons that are not allowing to use the product for its intended purpose. The Buyer has the right to exchange the Goods of good quality within fourteen days, excluding the day of purchase. In case similar Goods are not available for sale at the time of exchange, the Buyer has the right to either purchase any other goods from the available range with the appropriate transfer of value, or terminate the contract and get the money back in the amount of returned goods, or exchange the Goods for similar at the first receipt of the relevant Goods for sale. Upon getting the Goods back for sale, the Seller must notify the Buyer requiring the exchange of the Goods. When terminating the contract, settlements with the Buyer are made based on the value of the Goods at the time of purchase. The money paid for the product is returned to the Buyer on the day of termination of the agreement, and in case it is not possible to return the money on the day of termination of the contract, it can be done at another time by agreement of the parties, however, no later than seven days after the termination of the agreement.
7.1.1. The exchange of goods of adequate quality is carried out:
- In case the product has not been in use;
- In case the product’s marketable condition is preserved;
- In case its consumer properties, seals, labels are preserved;
- In case the transaction document issued with the sold goods is saved.
7.2. Return of Goods of inadequate quality. A product of inadequate quality is a product that has defects. The defective Goods is the non-compliance with the requirements of normative legal acts and normative documents, the terms of the agreement or the demands placed on it. The received Goods must correspond to the description of this product on the Website. The difference between the product design and its description stated on the Website is not a sign of improper quality.
7.2.1. If the Buyer received the Goods of inadequate quality, the Buyer has the right to use the provisions of Article 8 of the Law of Ukraine "On Consumer Rights Protection" - to demand replacement of the Goods of proper quality or termination of the contract and refund of the amount paid for the Goods.
7.2.2. Claims (application) for a refund for the Goods of inadequate quality shall be satisfied in accordance with the requirements of the legislation of Ukraine, starting from the date of submission of the relevant claim. Refunds are processed by returning the value of the paid Goods to the Buyer's payment card.
8. Terms and conditions of crediting money for the purchased Goods to the Buyer's payment card:8.1. To transfer funds for the Goods returned by the Buyer to his payment card (hereinafter - the Card), the Buyer must provide the Seller with the Card number and name of the Cardholder.
9. Information messages/Newsletter9.1. Newsletters and informational messages will be sent over to the e-mail addresses of Buyers purchased the Product in the Online Store and/or participated in promotions and/or other marketing activities (contests, giveaways, etc.). The basis for receiving the newsletter and/or information message is the Buyer's consent to receive such mailing, issued by specifying the e-mail address and/or mobile phone number, which the Buyer mentioned in the relevant form on his own, or when placing an order in the Online store, or as a result of a self-subscription to receive newsletters and information messages from the Website.
9.2. The Buyer can unsubscribe from receiving the newsletter at any time via the appropriate functionality in the body of the mailing list (by clicking on the link "Unsubscribe" at the bottom of the letter).
10. Additional conditions10.1. The Online store and the provided services may be temporarily partially or completely unavailable due to maintenance or other work or for any other technical reasons. The Seller’s technical service has the right to carry out the necessary preventive or other work with or without prior notice to Buyers.
10.2. In case the Buyer has questions and claims, he can contact the Seller by contacts that is written on the Website. The parties will try to resolve all arising disputes through negotiations.
10.3. In case the court acknowledges the invalidity of any provision of this Agreement, it shall not entail the invalidity of other provisions.
10.4. This Agreement is set out in Ukrainian and English (depending on the language version of the Website) in electronic form available at
https://en.jomodecor.com.ua/public-offer.
11. Seller details:"JOMO DECOR" Online store Khodjaeva Olena Usmanivna, individual entrepreneur Address: Ukraine, 03038, Kyiv, Protasiv Yar street , house 8, apartment 49RNTRC 2879920767Phone numbers: +38 (066)-145-74-07