Public Offer Agreement

Public Offer Agreement

Individual Entrepreneur Elvin Najafov, Taxpayer Registration Number 3283921197 (hereinafter referred to as the “Seller”), conducting business activities in accordance with the laws of Ukraine, hereby offers any legally capable individual (hereinafter referred to as the “Buyer”) to enter into this distance sales agreement (hereinafter referred to as the “Agreement”) under the terms and conditions set out below.

This Agreement constitutes a public offer in accordance with Articles 633, 641 and 642 of the Civil Code of Ukraine and governs the procedure for ordering, payment, delivery, return and exchange of goods purchased through the Janel online store.

1. Terms and Definitions

1.1. Goods — products offered for sale on the Seller’s Website, including perfumes, cosmetic products, personal care products, home fragrance products and other goods.

1.2. Seller’s Website — the Janel online store located at https://janel.com.ua, through which the Goods are sold.

1.3. Order — a request submitted by the Buyer through the Website to purchase selected Goods.

1.4. Acceptance — the Buyer’s full and unconditional acceptance of the terms of this Agreement by placing an Order and/or paying for the Goods.

1.5. Delivery Service — a third party (carrier) responsible for delivering the Goods to the Buyer.

2. Subject of the Agreement

2.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to accept and pay for the Goods in accordance with this Agreement.

2.2. The name, price, main characteristics, composition, volume and other information concerning the Goods are provided on the relevant product page of the Website.

2.3. Images of the Goods on the Website are for illustrative purposes. Minor differences in colour, shade, packaging elements or appearance that do not affect the essential consumer properties or characteristics of the Goods are permitted.

2.4. If the manufacturer changes the packaging, design or individual design elements, the Goods may differ from the images displayed on the Website, provided that their main characteristics remain unchanged.

3. Ordering and Conclusion of the Agreement

3.1. The Buyer places an Order independently through the Website by selecting the Goods, quantity, delivery method and an available payment method.

3.2. By placing an Order, the Buyer confirms that they have read and accepted this Agreement and the applicable terms of payment, delivery, return and exchange.

3.3. The Agreement shall be deemed concluded upon the Buyer’s acceptance of this public offer in accordance with the procedure set out in this Agreement.

3.4. After an Order has been placed, the Seller may contact the Buyer to clarify the Order details, payment method, delivery details or other information required to fulfil the Order.

3.5. If the ordered Goods are unavailable, the Seller shall inform the Buyer and may, subject to the Buyer’s agreement, offer alternative Goods, amend the Order or cancel the relevant item or the entire Order.

4. Price and Payment

4.1. Prices for the Goods are stated on the Website in Ukrainian hryvnias.

4.2. The Seller may change the prices of the Goods before the Buyer places an Order. The price of an Order may not be changed after it has been placed and confirmed, except where such changes have been agreed with the Buyer.

4.3. Delivery costs are not included in the price of the Goods unless expressly stated otherwise on the Website or in the terms of a specific offer.

4.4. Available payment methods depend on the functionality of the Website and may include:

online payment by bank card;
payment upon receipt (cash on delivery);
bank transfer;
other payment methods available on the Website at the time the Order is placed.

4.5. The Buyer independently selects an available payment method when placing an Order.

5. Delivery

5.1. Orders are delivered within Ukraine using available delivery services, including Nova Poshta, or by another method offered on the Website.

5.2. Delivery times depend on the selected delivery method, the recipient’s location and the operation of the relevant carrier.

5.3. The Seller transfers the properly prepared and packaged Order to the selected carrier for delivery to the Buyer.

5.4. The Seller shall not be liable for delivery delays caused by the acts or omissions of the carrier, force majeure or other circumstances beyond the Seller’s control, unless otherwise provided by applicable Ukrainian law.

5.5. Upon receipt of the Order, the Buyer is advised to check the integrity of the outer packaging, completeness of the Order and absence of visible damage to the Goods.

5.6. If damage to the Order is discovered during delivery, the Buyer is advised to document such damage in accordance with the carrier’s procedures and notify the Seller.

6. Rights and Obligations of the Parties

6.1. The Seller shall:

provide the Buyer with Goods of proper quality and completeness;
provide the Buyer with necessary and accurate information about the Goods;
properly process the Order and transfer it for delivery;
review Buyer requests concerning the Goods, returns, exchanges and other matters;
comply with applicable Ukrainian law.

6.2. The Buyer shall:

provide accurate and correct information required for processing and delivering the Order;
pay for the Goods in accordance with the selected payment method;
accept an Order that has been properly dispatched;
comply with the recommendations and rules concerning the use and storage of the Goods.

7. Returns and Exchanges

7.1. Goods of Proper Quality

The Buyer has the right to exchange or return Goods of proper quality within 14 days, excluding the day of purchase, provided that such Goods do not belong to categories that are not eligible for exchange or return under applicable Ukrainian law.

A return or exchange is possible if the Goods have not been used and their original appearance, consumer properties, seals, labels, original packaging and a document or other appropriate evidence confirming the purchase from the Seller have been preserved.

7.2. Goods of Proper Quality That Are Not Eligible for Return or Exchange

Under applicable Ukrainian law, certain categories of Goods of proper quality are not eligible for exchange or return, including:

perfume and cosmetic products;
personal hygiene products;
goods in aerosol packaging;
other goods included in the statutory list of goods that are not eligible for exchange or return.

This means that perfumes, cosmetic products, personal hygiene products and products in aerosol packaging of proper quality are not eligible for exchange or return on the relevant grounds unless otherwise provided by applicable Ukrainian law.

The restrictions set out in this clause do not apply to defective Goods and do not limit any other rights of the Buyer expressly provided by applicable Ukrainian law.

7.3. Defective Goods

If the Goods have a defect, damage, manufacturing defect, packing error or other non-conformity, the Buyer may contact the Seller to resolve the matter through an exchange, refund or exercise of other rights provided by applicable Ukrainian law.

For prompt consideration of the request, the Seller may ask the Buyer to provide photographs or video of the Goods, packaging and the identified defect.

If necessary, the Goods may be submitted for inspection to determine the nature and cause of the defect.

Claims relating to defects may be rejected if it is established that the defects arose as a result of the Buyer’s failure to comply with the rules for use, transportation or storage of the Goods, or as a result of other actions of the Buyer or third parties after the Goods were transferred to the Buyer.

7.4. Return and Exchange Procedure

To arrange a return or exchange, the Buyer should contact the Seller:

Phone: +380 93 046 07 70
E-mail: info@janel.com.ua

The manager will clarify the Order number and details, the reason for the request and agree on the further return or exchange procedure.

Returns and exchanges are carried out through Nova Poshta or at the return address specified below.

Before sending the Goods, the Buyer is advised to agree the return details with the Seller’s representative.

Return address: 3/2 Dziuby Avenue, Kharkiv, 61019, Ukraine.

7.5. Refunds

Refunds shall be made using the same payment method originally used by the Buyer, where technically possible, or by another method agreed with the Buyer in advance.

Where the Goods must be returned to the Seller as a condition for issuing a refund, the refund shall be processed after the returned Goods have been received and inspected, subject to the time limits and other requirements established by applicable Ukrainian law.

If the Agreement is terminated, the funds shall be returned to the Buyer on the day the Agreement is terminated. If this is not possible, they shall be returned within another period agreed by the parties, but no later than within 7 days, unless another period is provided by applicable Ukrainian law.

7.6. Shipping Costs for Returns

Where Goods of proper quality that are eligible for return or exchange under applicable law are returned, the Buyer shall bear the cost of return delivery, except where applicable law requires such costs to be borne by the Seller.

If the return or exchange is related to defective Goods, a manufacturing defect, damage or an order-packing error attributable to the Seller, the Seller shall reimburse the return delivery costs after the relevant claim has been confirmed.

8. Product Quality and Warranty Obligations

8.1. The Seller shall provide Goods whose quality complies with applicable Ukrainian law and the information about the Goods published on the Website.

8.2. Where a warranty period, expiry date or other period of use is established for particular Goods by the manufacturer or by law, the relevant information shall be indicated on the Goods, their packaging, accompanying documentation or the Website.

8.3. The Buyer’s rights in relation to defective Goods shall be determined by applicable Ukrainian law and this Agreement.

8.4. The Seller shall not be responsible for defects arising after the Goods have been transferred to the Buyer as a result of improper use, storage or transportation, mechanical damage or other actions of the Buyer or third parties, unless otherwise provided by applicable Ukrainian law.

9. Liability of the Parties

9.1. The Parties shall be liable for failure to perform or improper performance of their obligations in accordance with this Agreement and applicable Ukrainian law.

9.2. The Seller shall not be liable for consequences arising from the Buyer’s use of the Goods in violation of instructions, recommendations, rules of use or for purposes for which the Goods are not intended.

9.3. The Seller shall not be liable for inability to fulfil an Order caused by incomplete or inaccurate contact or delivery information provided by the Buyer.

9.4. Nothing in this Agreement shall be interpreted as limiting any rights of the Buyer guaranteed by applicable Ukrainian law.

10. Force Majeure

10.1. The Parties shall be released from liability for complete or partial failure to perform their obligations where such failure results from force majeure circumstances arising after conclusion of the Agreement that the Parties could not reasonably foresee or prevent.

10.2. Such circumstances may include, without limitation, hostilities, shelling, accidents, fires, natural disasters, interruptions to energy, transport or telecommunications infrastructure, decisions of public authorities and other force majeure circumstances.

11. Personal Data

11.1. When processing and fulfilling an Order, the Seller processes the Buyer’s personal data to the extent necessary to place, pay for, fulfil and deliver the Order, communicate with the Buyer, maintain accounting and tax records, comply with legal requirements and protect the Seller’s legitimate rights and interests.

11.2. Personal data shall be processed in accordance with applicable Ukrainian law and the Privacy Policy published on the Website.

11.3. By placing an Order, the Buyer confirms that they have reviewed the information concerning the processing of their personal data.

12. Dispute Resolution

12.1. The Parties shall endeavour to resolve all disputes and disagreements arising in connection with this Agreement through negotiations.

12.2. If the Parties are unable to resolve a dispute through negotiations, the dispute shall be resolved in accordance with applicable Ukrainian law.

13. Term and Amendment of the Agreement

13.1. This Agreement enters into force upon its publication on the Website and remains effective indefinitely until withdrawn or replaced by a new version.

13.2. The Seller may amend this Agreement by publishing a new version on the Website.

13.3. Each Order shall be governed by the version of the Agreement in force at the time the relevant Order was placed, unless otherwise provided by applicable Ukrainian law.

14. Seller’s Contact and Payment Details

Individual Entrepreneur Elvin Najafov
Taxpayer Registration Number: 3283921197
IBAN: UA833052990000026005021100987
JSC CB PRIVATBANK
MFO: 305299
Bank EDRPOU Code: 14360570

Phone: +380 93 046 07 70
E-mail: info@janel.com.ua

Return address: 3/2 Dziuby Avenue, Kharkiv, 61019, Ukraine.