PUBLIC OFFER:  GENERAL TERMS AND CONDITIONS

This agreement is an official and public proposal of the Seller to enter into a purchase and sale agreement for the Product presented on the website www.hyacinth.cc. This agreement is public, in accordance with Article 633 of the Civil Code of Ukraine, which is the same for all buyers regardless of their status (individual, legal person, physical person-acceptor) without giving preference to one buyer over another. By entering into this Agreement, the buyer is in full agreement with the procedure for formalizing the agreement, paying for the goods, delivering the goods, returning the goods, liability for dishonest agreements and all other agreements. The agreement must be concluded from the moment the “Confirm the Purchase Order” button is pressed on the page of registration of the purchase order in the “Cart” Section and the Buyer selects the confirmation of the purchase order in electronic form.

1 – Definitions.

1.1. Public offer (hereinafter referred to as the “Offer”) is a public offer of the Seller, addressed to an unspecified group of persons, to conclude a contract of sale of goods with the Seller remotely (hereinafter referred to as the “Agreement”) on the terms and conditions contained in this Offer.

1.2. Goods or Services (hereinafter referred to as the “Goods”) are the object of the agreement between the parties, 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 (hereinafter referred to as the “Store”) is the Seller’s website at www.hyacinth.cc created for concluding retail and wholesale purchase and sale contracts based on the Buyer’s familiarization with the description of the Goods offered by the Seller via the Internet.

1.4. The Buyer is a capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the Online Store for purposes not related to entrepreneurial activity, or a legal entity or an individual entrepreneur.

1.5. The Seller is an individual entrepreneur “FOP  Palladin M. O.” (identification code 3715708537), a legal entity established and operating in accordance with the current legislation of Ukraine, with its registered office in Kyiv, Ukraine, 30/39 Shchekavytska St., 4071, whose owner and legal representative is Mr. Maksym Palladin, who uses the distinctive symbol “Hyacinth” to designate his activities and distinguish his own products and goods. Contact information: hello@hyacinth.cc.

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 under the terms of this Agreement.

2.2. The date of 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 date of completion by the Buyer of the order form located on the website of the Online Store, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement may be drawn up in writing.

3 – Order Processing.

3.1. The Buyer independently places an order in the Online Store through the “Cart” form, or by placing an order by e-mail or by any other communication channel specified in the contacts section of the Online Store.

3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information specified by the Buyer when placing the order is incomplete or raises suspicion of its validity.

3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:

3.3.1. last name, first name of the Buyer;

3.3.2. address to which the Goods should be delivered;

3.3.3. contact phone number;

3.3.4/ e-mail address;

3.3.5. Identification code for a legal entity or an individual entrepreneur.

3.4. The name, quantity, article number, price of the Goods selected by the Buyer are indicated in the Buyer’s basket on the Online Store website.

3.5. If any of the Parties to the Agreement needs additional information, he has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service 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. The Buyer’s acceptance of the terms of this Offer is carried out by entering the relevant data into the registration form on the Online Store website or when placing an Order through the Operator. After placing an Order through the Operator, the Buyer’s data is entered into the Seller’s database.

3.8. The Buyer is responsible for the accuracy of the information provided when placing an Order.

3.9. By concluding the Agreement, that is, accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:

1. a) The Buyer is fully and completely familiar with and agrees with the terms of this offer (offer);
2. b) he gives permission to collect, process and transfer personal data, the permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that he is informed (without additional notification) of the rights established by the Law of Ukraine “On Personal Data Protection”, of the purposes of data collection, and that his personal data is transferred to the Seller in order to be able to fulfill the terms of this Agreement, to be able to make mutual settlements, as well as to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer’s order. The extent of the Buyer’s rights as a personal data subject in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood by him.

4 – Price and Delivery of the Goods.

4.1 Prices for Goods and services are determined by the Seller independently and indicated on the website of the Online Store. All prices for Goods and services are indicated on the website in US dollars without considering any taxes of the Buyer’s country.

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 single unit of Goods, the cost of which is paid by the Buyer in full, cannot be changed by the Seller unilaterally.

4.3 Payment between the Seller and the Buyer may be made exclusively through the following payment methods:

4.3.1 Services for providing online acquiring services selected by the Seller, and the payment instruments they provide: Apple Pay, Google Pay, MasterCard, Visa.

4.3.2 Transfers via the IBAN system to the Seller’s current account: SWIFT, SEPA.

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

4.5. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivering the Goods to the Buyer’s address.

4.6 Delivery of the Goods is carried out using the Single National Postal Operator of Ukraine – JSC “Ukrposhta” (hereinafter referred to as the “Postal Operator”). Tariffs for Delivery of the Goods are calculated according to the prices for the delivery services of the Postal Operator. The Postal Operator carries out Delivery to the International Postal Terminal and ensures the passage of customs procedures, after which it transfers the Goods to the Postal Operator of the transit country, which in turn transfers the Goods to the Postal Operator of the Buyer’s country, who providing a delivery at the Buyer`s country.

4.7 The fact of sending the Order by the Seller for the purposes of this Agreement is the provision of a notification to the Buyer via any communication channel of the Seller about the shipment of the Goods and the provision of a number for tracking the movement of the Goods (hereinafter referred to as the “Tracking Number”).

4.8. The Buyer, with the Seller’s consent, may be offered an alternative delivery service for his Goods. In the event of choosing an alternative delivery service, the Buyer is solely responsible for the Delivery process, customs procedures and the quality of Delivery services.

4.9. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer’s address when the Buyer applies to the Seller with a relevant request by sending a letter to e-mail or when placing an order through the online store operator.

4.10. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds to his account.

4.11. Settlements between the Seller and the Buyer for the Goods are made by the methods specified in clause 4.3 of this Agreement.

4.12. The fact of receipt of the Order by the Buyer through the Postal Operator is a notification from the Postal Operator or an indication of the status “Delivered” in the Order tracking service by the Tracking number sent to the Buyer.

4.13. 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, expiration date).

4.14. The fact of receipt of the Goods by the Buyer is a confirmation from the Postal Operator.

4.15. The Buyer or his representative, upon receipt of the Goods, confirms with his signature in the goods receipt/or in the order/or in the waybill for the delivery of the goods that he has no complaints about the quantity of the goods, the appearance and completeness of the goods.

4.16. Ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative from the moment the Buyer receives the Goods at the place of delivery of the Goods upon independent delivery of the Goods by the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier) selected by the Buyer.

5 – Rights and Obligations of the Parties.

5.1. The Seller is obliged to:

5.1.1. Transfer the Goods to the Buyer or the delivery service 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 in cases provided for by law and for the purposes of fulfilling the Buyer’s Order.

5.2. The Seller has the right to:

5.2.1 Change the terms of this Agreement, as well as the prices for the Goods and services, unilaterally, without additional announcement, by placing them on the website of the Online Store. All changes come into force from the moment of their publication.

5.3 The Buyer undertakes:

5.3.1 Before concluding the Agreement, familiarize himself 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 necessary data that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.

6 – Product Returns and Warranty Service.

6.1. The Buyer has the right to return to the Seller non-food goods of proper quality, if the goods did not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days from the date of receipt of the Goods. The return of goods of proper quality is carried out if it was not used and if its presentation, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment for the Goods are preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.

6.2. The Buyer is refunded the cost of goods of proper quality within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, subject to compliance with the requirements provided for in clause 6.1. of the Agreement and the current legislation of Ukraine.

6.3. The cost of the goods shall be refunded by bank transfer to the Buyer’s account.

6.4. The return of the Goods of proper quality to the Seller’s address shall be carried out at the expense of the Buyer and the Seller shall not reimburse the Buyer, even if the Seller initiated delivery at its own expense.

6.5. In the event of defects in the Goods being discovered during the established warranty period, the Buyer personally, in accordance with the procedure and within the terms established by the legislation of Ukraine, has the right to present to the Seller the requirements stipulated by the Law of Ukraine “On Protection of Consumer Rights”. When presenting requirements for free elimination of defects, the term for their elimination shall be counted 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 stipulated by the Law of Ukraine “On Protection of Consumer Rights” shall be carried out by the Seller provided that the Buyer provides the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that have arisen 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 does not have the right to refuse the Goods of proper quality that have individually defined properties, if the specified goods can be used exclusively by the Buyer who purchased it (including non-standard sizes, characteristics, appearance, equipment, etc. at the Buyer’s request). Confirmation that the goods have individually defined properties is the difference in the dimensions of the goods and other characteristics specified in the online store.

6.8. The Seller does not have the right to refuse the Goods of proper quality that were sold to the Buyer at a promotional or personal price.

6.9. The return of the goods, in cases provided for by law and this Agreement, is carried out exclusively through the “Return” form, which is located on the Seller’s website. The Seller undertakes to consider the return application only if all fields in the form are correctly filled in.

6.10. The Seller has established a Lifetime Warranty for its own Goods (hereinafter referred to as “Warranty Service” or “Warranty”), which consists in an unlimited period of provision of Warranty Service provided that the Goods are used in accordance with the Seller’s recommendations.

6.11. Warranty Service may be provided in the following ways:

6.11.1 Replacement of parts or the entire Goods by the Seller for the purposes of restoring the functionality of the Goods. For the purposes of this method of Warranty Service, the Seller shall manufacture and deliver individual parts or the entire Goods to the Buyer at its own expense.

6.11.2 Repair of the Goods by the Seller for the purposes of restoring the functionality of the Goods. For the purposes of this method of Warranty Service, the Buyer shall be solely responsible for all financial risks and shall send the Goods to the Seller and to itself, after repair, at its own expense.

6.12. Warranty service of the Goods in cases provided for by law and this Agreement is carried out exclusively through the “Warranty Service” form, which is located on the Seller’s website. The Seller undertakes to consider the application for warranty service only if all fields in the form are correctly filled out.

7 – Responsibility of the parties.

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

7.2. The Seller is not liable for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.

7.3. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer are exempt from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters that arose regardless of the will of the Seller and / or the Buyer after the conclusion of this Agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party.

8 – Privacy Policy and Personal Data.

8.1. By providing his personal data on the website of the Online Store during registration or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other actions stipulated by the Law of Ukraine “On Personal Data Protection”, without limiting the term of validity of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide 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 established by the requirements of the current legislation of Ukraine. The Buyer has the right to request from the Seller a list of third parties to whom his personal data was transferred for the purposes of fulfilling his Order or conducting his commercial activities.

8.3. The Buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.

8.4 The Buyer has the right to demand the deletion of his personal data from the Seller’s database if his Order has been fulfilled, canceled, annulled, etc. After deleting personal data, the Seller personally notifies the Buyer of their deletion via any communication channel.

9 – Final provisions

9.1. This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In the event of failure to resolve the dispute through negotiations, the Buyer and/or the Seller have the right to apply for resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to make amendments to this Agreement unilaterally, as provided for in clause 5.2.1. of the Agreement. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.

9.4. This Agreement, duplicated in the Ukrainian version of the Online Store, as well as duplicated in any other languages, is identical.

EFFECTIVE DATE:                                            JANUARY 1, 2024.