for the Custom Production and Distance Sale of Products

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Lytvynova Mariia Antonivna, a sole proprietor registered under the laws of Ukraine, Tax Identification Number (RNOKPP) 3648603987 (hereinafter referred to as the “Seller”), offers any individual acting as a consumer (hereinafter referred to as the “Buyer”) to conclude this Agreement under the terms and conditions set forth below.

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This document constitutes a public offer in accordance with Articles 633 and 641 of the Civil Code of Ukraine and Article 11 of the Law of Ukraine “On Electronic Commerce”.

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Prior to placing an order, the Buyer is provided with the opportunity to review the terms and conditions of this Agreement.

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Placing an order and/or making a payment constitutes the Buyer’s full and unconditional acceptance of this offer and results in the conclusion of a distance contract.

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1. TERMS AND DEFINITIONS

1.1. The following terms shall have the meanings set out below:

Seller - Lytvynova Mariia Antonivna, a sole proprietor who sells products through the website.

Buyer - an individual who places an order for a product through the Seller’s website or through other means of distance communication.

Website - the Seller’s website available at:
https://marialytvynova.com

Product - a decorative item (fashion jewelry that is not classified as and is not subject to state hallmarking) offered for custom production and sale under the terms of this Agreement.

Order - a request submitted by the Buyer for the production and purchase of a product under the terms of this Agreement.

Privacy Policy - a document describing how the Buyer’s personal data is processed and published on the Seller’s website.

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2. SUBJECT OF THE AGREEMENT

2.1. The Seller undertakes to produce and deliver to the Buyer a product created according to the Buyer’s individual order, and the Buyer undertakes to pay for and accept such product.

2.2. Products are manufactured individually and are not mass-produced items.

2.3. Due to the handmade nature of the production process, minor differences between the finished product and the images displayed on the website may occur. Such differences result from the nature of handcrafted production and do not constitute a defect or improper quality of the product.

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3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Seller has the right to:

- amend the terms of this public offer by publishing a new version on the website;

- refuse to fulfil an order in case of violation by the Buyer of the terms of this Agreement;

- clarify parameters of the order taking into account the individual nature of the product;

- suspend the fulfilment of an order in the event of circumstances preventing proper execution of the Agreement.

3.2. The Seller shall:

- produce and deliver the product according to the agreed parameters;

- provide the Buyer with the necessary information regarding the order.

3.3. The Buyer has the right to:

- obtain information about products, production conditions and delivery;

- receive the ordered product under the terms of this Agreement.

3.4. The Buyer shall:

- provide accurate contact information;

- make timely payment for the order;

- accept the manufactured product under the terms of this Agreement.

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4. ORDER PLACEMENT AND CONFIRMATION

4.1. Orders may be placed remotely through the Seller’s website, social media, messaging platforms or other means of distance communication.

4.2. After the Buyer completes full payment, the order is considered accepted by the Seller for processing and development.

4.3. After acceptance of the order, the Parties clarify the parameters of the product, including proportions, fit and other individual preferences, taking into account the custom nature of the product.

4.4. Upon the Buyer’s request, additional elements related to the main product (such as bracelets, earrings, brooches, etc.) may be agreed upon. Such elements constitute separate products and are produced upon individual order.

4.5. The price of the main product is fixed at the moment the order is placed, except where a shortened production period is agreed upon in accordance with Section 5 of this Agreement.

4.6. Product parameters are considered final once confirmed by both Parties. After confirmation, further modifications at the Buyer’s initiative are not permitted.

4.7. Production begins after final parameters have been agreed upon. The standard estimated production time is 7–14 calendar days, unless otherwise agreed.

4.8. Once production has started, changes to the agreed parameters are not permitted. The Seller may, at their sole discretion, accept modifications if technically feasible and if such changes do not disrupt the production process.

4.9. When an order is placed outside the website via social media or messaging services, payment by the Buyer confirms that the Buyer had the opportunity to review this public offer and has accepted it fully and unconditionally.

4.10. For the purpose of maintaining order records and interaction history, the Seller may create a Buyer account on the website based on contact details provided during the order process. Such account is used exclusively for recording purchase history and applying variable commercial conditions in accordance with Section 6 of this Agreement.

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5. PRICE AND PAYMENT

5.1. The price of the product is determined at the moment the order is placed.

5.2. The price of additional elements is determined separately and included in the total cost after agreement between the Parties.

5.3. Payment is made in the form of 100% prepayment.

5.4. If payment is not made by the Buyer within 24 hours from the moment the order is placed, unless otherwise agreed by the Parties, the Seller has the right to cancel such order.

5.5. Payment may be made by bank card through payment services integrated into the Seller’s website, by bank transfer or by other methods offered by the Seller during the order process.

5.6. Settlement transactions are conducted using fiscal payment systems (RRO/PRRO) in accordance with the legislation of Ukraine.

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6. VARIABLE COMMERCIAL CONDITIONS

6.1. The Seller may apply variable commercial conditions to the Buyer depending on the cumulative value of completed and paid purchases.

6.2. Such conditions may include different discount levels or pricing parameters for future orders.

6.3. The applicable level is determined automatically based on completed payments.

6.4. Information about levels, thresholds and applicable parameters is published on the Seller’s website.

6.5. Variable commercial conditions do not create a separate property right and may not be transferred to third parties.

6.6. The Seller may change the structure of these conditions by publishing a new version on the website.

6.7. Placing an order and/or making payment confirms the Buyer’s acceptance of such conditions.

6.8. In case of termination of variable commercial conditions, the Seller is not obliged to maintain them for future orders.

6.9. Any physical information carrier (card) provided to the Buyer has informational purposes only and does not constitute a payment instrument.

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7. PRODUCTION TIME

7.1. Production time is determined individually and communicated to the Buyer.

7.2. The timeframe may vary depending on order complexity and production workload.

7.3. A shortened production timeframe may be agreed separately, in which case the final price may be adjusted.

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8. ORDER CANCELLATION

8.1. The Buyer may cancel the order without financial consequences until the final parameters of the product have been confirmed.

8.2. If the order is cancelled after confirmation of final parameters and after production has begun, the Seller may retain the costs actually incurred in connection with the execution of the order.

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9. RETURN CONDITIONS

9.1. Products of proper quality manufactured according to the Buyer’s individual order are not subject to return or exchange in accordance with the Law of Ukraine “On Consumer Protection”.

9.2. For Buyers located in EU Member States, the 14-day withdrawal right does not apply pursuant to Article 16(c) of Consumer Rights Directive, which excludes goods made to the consumer’s specifications or clearly personalised goods.

9.3. If a defect occurs due to the fault of the Seller, the Seller shall provide repair or another service resolution appropriate to the nature of the defect.

9.4. Refunds, where required by law or by this Agreement, shall be issued using the same payment method used for the original transaction.

9.5. Refunds to the Buyer’s payment card shall be processed within up to 10 banking days from the moment the Seller makes the decision to issue the refund.

9.6. In the event of an erroneous or duplicate payment, the Buyer has the right to contact the Seller and notify them of the situation.
After verification of the payment information, the Seller shall refund the excessively paid amount in accordance with the procedure established by this Agreement.

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10. WARRANTY SERVICE

10.1. The Seller provides service support for the product for 12 months from the moment of receipt, provided the product is used properly.

10.2. Service may include:

- repair of weakened fastenings;

- repair that does not alter the structure of the product;

- restoration of functionality.

10.3. Warranty service does not apply to:

- mechanical damage;

- signs of misuse;

- natural wear and tear;

- unauthorised modifications;

- damage caused by improper use or storage.

10.4. In the event of a warranty claim or the need for service resolution, the Buyer shall contact the Seller using the email address specified in the Seller’s contact details and provide:

- proof of payment (receipt or payment confirmation);

- photographs of the product or the defect;

- the shipment tracking number (in case the product was delivered by a carrier).

After receiving the necessary information, the Seller shall inform the Buyer of the further procedure for resolving the issue.

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11. DELIVERY

11.1. Delivery is carried out by shipping services within Ukraine and internationally.

11.2. The shipping service is chosen by the Buyer or agreed between the Parties.

11.3. Delivery within Ukraine is covered by the Seller unless otherwise stated at the time of order.

11.4. International shipping costs are paid by the Buyer according to the carrier’s tariffs.

11.5. Import duties, taxes and other mandatory fees in the destination country are borne by the Buyer.

11.6. The risk of accidental loss or damage passes to the Buyer upon actual receipt of the product by the Buyer or an authorised person, unless otherwise provided by mandatory law.

11.7. In international delivery cases, mandatory consumer protection rules regarding risk transfer may apply.

11.8. Responsibility for damage during transportation is determined according to the carrier’s rules and applicable law.

11.9. The Seller provides informational support in communication with the carrier if delivery issues arise.

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12. LIABILITY

12.1. The Seller shall not be liable for delivery delays caused by carriers or customs authorities after the properly packaged product has been transferred to the carrier.

12.2. The Parties are released from liability for non-performance caused by force majeure.

12.3. The occurrence of force majeure shall be confirmed in accordance with Ukrainian legislation.

12.4. The procedure for submitting requests regarding warranty service or service resolution is defined in Section 10 of this Agreement.

 

13. PERSONAL DATA

13.1. Personal data of the Buyer is processed in accordance with Ukrainian law and the Privacy Policy published on the website.

13.2. If the Buyer is a resident of an EU Member State, personal data processing is also carried out in accordance with the General Data Protection Regulation.

13.3. Personal data is processed solely for the purposes of fulfilling this Agreement, conducting payments, delivering products and complying with legal obligations.

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14. CONDITIONS FOR EU BUYERS

14.1. Products are manufactured according to the Buyer’s individual order.

14.2. Mandatory consumer protection rules of EU law may apply.

14.3. By placing an order, the Buyer confirms acceptance of these conditions.

14.4. Import duties and taxes are paid by the Buyer.

14.5. Delivery times may vary depending on the destination country.

14.6. The provisions of this section apply insofar as they do not contradict mandatory consumer protection rules of the Buyer’s country of residence.

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15. OTHER PROVISIONS

15.1. This Agreement shall be governed by the laws of Ukraine, subject to mandatory consumer protection provisions of the Buyer’s country of residence where applicable.

15.2. Disputes shall be resolved through negotiations or in court.

15.3. The Seller may amend this offer without prior notice by publishing a new version on the website. Changes shall not apply to orders already accepted for execution.

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16. SELLER DETAILS AND CONTACT INFORMATION

Lytvynova Mariia Antonivna
Sole Proprietor under the laws of Ukraine

Tax Identification Number (RNOKPP): 3648603987

Registered address:
12A Pavla Tychyny Avenue, Apt. 162
Kyiv, 02098
Ukraine

Phone: +38 (066) 703-03-21
Email: info.marialytvynova@gmail.com