1. GENERAL PROVISIONS
1.1. The text below is an Agreement between the online store jv.com.ua, hereinafter referred to as the “Seller”, and the user of the online store services, regardless of status (individual, legal entity, individual entrepreneur), hereinafter referred to as the “Buyer”.
1.2. This Agreement sets out the terms of purchase of products, hereinafter referred to as the “Product”, by the Buyer through the Seller’s online store.
1.3. The Agreement is public in accordance with Articles 633 and 641 of the Civil Code of Ukraine and is equivalent to an “oral agreement” and has proper legal force.
1.4. According to Article 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of this offer agreement, which confirms the conclusion of the Agreement on the proposed terms, is the fact of the Buyer’s payment for the ordered Product on the website of the online store (or by other means).
1.5. In this offer, unless the context requires otherwise, the following terms have the following meanings:
“Online store” – the Seller’s website created for the conclusion of retail and wholesale purchase and sale Agreements after the Buyer has familiarized himself with the Product offered by the Seller through photographs in a remote manner.
“Seller” – an organization, regardless of its organizational and legal form and/or an individual entrepreneur, who sells the Product.
“Product” – the products offered for sale and posted on the website jv.com.ua.
“Buyer” – an individual and/or legal entity that places an order on the website jv.com.ua.
“Acceptance” – the Buyer’s full and unconditional acceptance of the terms of the Agreement.
“Order” – individual items from the Product assortment specified by the Buyer when placing an order on the website.
2. SUBJECT OF THE AGREEMENT
2.1. The Seller sells the Product according to the current price list published on the website jv.com.ua, and the Buyer pays for and accepts the Product in accordance with the terms of this Agreement.
3. ORDER PROCEDURE
3.1. Order Formation.
3.1.1. Orders are accepted through the website jv.com.ua during the Seller’s working hours.
3.1.2. The order cost does not include delivery costs to the recipient and is paid separately.
3.1.3. The list of all types of delivery is indicated in the “Payment and Delivery” section on the Seller’s website.
3.1.4. All products are made to order by the Buyer within 2-5 working days. If the order has been fully completed and paid by the Buyer, the production of the Product begins immediately after payment.
3.1.5. When placing an order, the Buyer must specify the recipient’s details as accurately as possible. Incorrect information provided by the Buyer may prevent the order from being fulfilled on time. In this case, the production of the Product is postponed until the correct recipient information is clarified.
3.2. Order Payment Procedure.
3.2.1. Payment for the order means the Buyer’s consent to conclude this Agreement with the Seller.
3.2.2. The Buyer pays for the order by transferring funds to the Seller’s account. The payment date is considered to be the day the funds are credited to the Seller’s account.
3.2.3. Prices for any items of the Product listed on the website jv.com.ua are valid at the time of placing the order.
3.2.4. The Buyer has the right to confirm or cancel the order until it is paid.
3.2.5. Orders are accepted for execution only after the funds are credited to the Seller’s account, except when choosing the “Cash on Delivery” payment method.
3.2.6. The Buyer is notified of the order payment by email, which was specified when placing the order.
3.2.7. Payment system services, terminals, are additionally paid by the Buyer.
3.3. Order Delivery Terms.
3.3.1. Order delivery is carried out after prior agreement with the Recipient by phone, which was specified by the Buyer in the order.
3.3.2. Order delivery is carried out by postal services. The delivery method is specified by the Buyer when placing the Order.
3.3.3. The Buyer can make changes to the order before its production begins. If the order has already been paid for and produced, it cannot be canceled or changed. The Buyer can place and pay for a new order, while the previous one can be collected at the delivery point.
4. ORDER CREATION.
4.1. The Seller creates the order according to the Buyer’s requirements.
4.2. The order creation period is 2-5 days. It depends on the order complexity: personalization, quantity of the Product and its availability, unforeseen events beyond the Seller’s control.
4.3. If the appearance of the Products differs from the images on the Seller’s website, this cannot be a defect or a reason for a refund or order replacement.
4.4. In case of improper order execution due to the Seller’s fault (non-compliance with the Buyer’s requirements or the Product in improper condition), further actions are specified in the “Claims” section on the website jv.com.ua.
4.5. All informational materials presented on the website jv.com.ua are for reference only and cannot fully convey accurate information about certain properties and characteristics of the Product. If the Buyer has any questions regarding the properties and characteristics of the Product, before placing the order, he should contact the online store administrator by phone or send a request on the website following the usual order procedure.
4.6. The order is considered completed at the moment it is handed over to the Recipient/Buyer and/or his authorized persons.
4.7. The agreement between the Seller and the Buyer is valid from the moment it is concluded until the moment the order is handed over to the Recipient/Buyer or his authorized persons.
5. PRODUCT REPLACEMENT. PRODUCT RETURN. REFUND.
5.1. According to the company’s rules, products made to order, products with personalization, are not subject to return and exchange.
5.2. The Buyer has the right to submit a claim using the feedback form on the website or to the email address: jvscrapstudio@gmail.com, specifying the reason and providing the corresponding description and photo of the defective Product.
5.3. In case of replacement or return of the Product, the Buyer or the Recipient must return the previous Product in the same condition in which it was delivered.
5.4. The Seller may refuse to replace or compensate for the Product if the Buyer has personal reasons for returning the Product (allergies, etc.) about which the Seller was not informed.
5.5. In case of refusal of the Product before it is sent to the postal service, the Buyer can receive the paid amount for the order if the Product has not yet been created (engraved, printed, etc.).
5.6. In other cases, the Seller reviews the complaints within 3 working days from the date of receipt, and informs the Buyer of the results in electronic form.
5.7. If the order was not sent to the postal service within the specified time due to the Seller’s fault, the Buyer has the right to claim compensation, which cannot exceed the order amount.
6. INTELLECTUAL PROPERTY COPYRIGHTS.
6.1. The Seller is the sole owner of the jv.com.ua trademark, according to Application No. m202323820 dated 12.12.2023.
6.2. Paragraphs 2, 4 of Article 16 of the Law of Ukraine “On the Protection of Rights to Marks for Goods and Services” state that the certificate grants its owner the right to use the mark and other rights defined by this Law.
6.3. According to Article 20 of the Law of Ukraine “On the Protection of Rights to Marks for Goods and Services,” any infringement of the rights of the certificate owner, provided for in Article 16 of this Law, including actions taken without the owner’s consent that require his consent, and preparations for such actions, is considered an infringement of the certificate owner’s rights, which entails liability in accordance with the current legislation of Ukraine.
6.4. The use of the mark and designations without the owner’s consent in domain names, as specified in Paragraph 5 of Article 16 of this Law, is also considered an infringement of the certificate owner’s rights.
6.5. For legal use of the TM – applying it to any product for which the mark is registered, referred to as “Product” in the text, packaging containing such Product, sign, label, tag, or other attached item, storing such Product with the applied mark for sale, offering it for sale, selling, importing (bringing in) and exporting (sending out), using it in business documentation or advertising, and on the Internet, including in domain names, requires a separate permit.
6.6. If business entities wish to use the TM in their activities, they can request permission by sending a letter to the email address jvscrapstudio@gmail.com.
6.7. The Seller is the owner of exclusive property copyright on a number of photographic works, graphic images on the website, and is their sole author. The Seller uses photographic works by publishing them on the website jv.com.ua to illustrate products and services.
6.8. Due to the presumption of originality of copyright objects, all photographic works are original and are therefore protected by copyright without registration and formalities from the moment of their creation in all countries of the world in accordance with the “Berne Convention for the Protection of Literary and Artistic Works” of 1886 and the Law of Ukraine “On Copyright and Related Rights” of 1993.
6.9. The subject of exclusive property copyright on photographic works can grant permission for the use of these works by third parties.
6.10. Without written permission from the copyright owner, it is forbidden to copy, distribute, publish, modify, and otherwise use photographic works and other images from the website, including images created based on them.
6.11. Unauthorized use of photographic works entails civil, administrative, and criminal liability in accordance with the legislation of Ukraine.
6.12. For legal use of photographic works, a letter must be sent to the email address jvscrapstudio@gmail.com.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES.
7.1. The Buyer is obliged to:
7.1.1. Before concluding the Agreement, familiarize himself with the content and terms of the Agreement, the terms of payment and delivery on the website jv.com.ua.
7.1.2. Provide reliable information about himself (full name, contact phone number, email address) and details for delivery of the Product.
7.1.3. Accept and pay for the Product on the terms of this Agreement.
7.1.4. To avoid disputes, when placing an order, read the information offered by the Seller on the Product’s page: about its appearance, material, and other characteristics.
7.2. The Buyer has the right to demand from the Seller compliance with the terms of this Agreement.
7.3. The Seller is obliged to:
7.3.1. Comply with the terms of this Agreement.
7.3.2. Transfer the Product to the Buyer according to the selected model on the relevant page of the website jv.com.ua, the placed order and the terms of this Agreement.
7.3.3. The Seller has the right to refuse to provide services to the Buyer in case of violation of this Agreement by the Buyer.
8. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION.
8.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
8.2. The Seller is not responsible for the delivery of the order if the Buyer specified an incorrect delivery address.
8.3. The Seller is not responsible if the Buyer’s expectations about the Product’s consumer properties were not justified.
8.4. The Seller is not responsible for the partial or complete non-fulfillment of obligations for the delivery of the order if it is the result of force majeure circumstances.
8.5. The Buyer, placing an order, is responsible for the accuracy of the information provided about himself and confirms that he is familiar with the terms of this Agreement and agrees to them.
8.6. All disputes arising between the parties will be resolved through negotiations.
8.7. If it is impossible to resolve disputes through negotiations, the parties have the right to seek judicial protection of their rights in accordance with the current legislation of Ukraine.
9. OTHER TERMS.
9.1. The online store jv.com.ua reserves the right to unilaterally amend this Agreement subject to its preliminary publication on the website jv.com.ua.
9.2. The online store was created to organize a remote way of selling goods via the Internet.
9.3. The Buyer is responsible for the accuracy of the information specified when placing an order. At the same time, when making an acceptance (order placement and its subsequent payment), the Buyer gives the Seller his unconditional consent to the collection, processing, storage, use of his personal data, within the meaning of the Law of Ukraine “On the Protection of Personal Data”.
9.4. Payment by the Buyer for the order made in the online store means the Buyer’s full agreement with the terms of the Purchase and Sale Agreement (public offer).
9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Article 11 of the Law of Ukraine “On Electronic Commerce”.
9.6. The use of the resource of the online store for previewing the product, as well as for placing an order for the Buyer, is free of charge.
9.7. The information provided by the Buyer is confidential. The online store jv.com.ua uses the information about the Buyer exclusively for the purpose of functioning the store (sending an order notification, delivering the product, sending promotional materials, etc.).
9.8. This Agreement comes into force from the date of placing the order and is valid until all terms of the Agreement are fulfilled.