Public Offer Agreement

gelium.com.ua, through which Products are sold and Orders are placed, paid for and fulfilled.
1.3. Seller
Individual Entrepreneur Lushchan Valeriia Serhiivna, who conducts business in accordance with Ukrainian law and sells Products through the Online Store.
1.4. Buyer
An individual, individual entrepreneur or legal entity that places an Order to purchase a Product.
1.5. Recipient
The individual identified by the Buyer when placing the Order, or communicated to the Seller by another agreed method, to whom the Order is to be delivered under this Agreement.
If the Buyer does not identify another person as the Recipient, the Buyer is deemed to be the Recipient.
1.6. Order
A request placed by the Buyer to purchase one or more Products and, where applicable, for their manufacture, personalization, assembly, packaging, payment, delivery and other actions required for proper performance of this Agreement.
1.7. Product
Balloons, gift products, party décor, accessories and other goods offered for sale by the Seller through the Online Store.
1.8. Arrangement
A decorative composition created from one or more Products in accordance with the Buyer’s Order.
1.9. Personalized Product
A Product or element of an Arrangement that is manufactured, altered or decorated according to the Buyer’s individual requirements, including custom text, printing, logos, photographs, selected colors, arrangement styling or other characteristics specified by the Buyer.
1.10. Order Fulfilment
The process by which the Seller performs its contractual obligations, which may include accepting and processing the Order, manufacturing, personalization, assembly, packaging, preparation for transfer, delivery and proper handover of the Order.
1.11. Order Fulfilment Stage
A specific stage of Order fulfilment described in Section 6 of this Agreement that affects the possibility of changing, cancelling or rescheduling the Order, the refund procedure and other legal consequences.
1.12. Business Day
A day and time period during which the Seller accepts, processes, manufactures and fulfils Orders in accordance with the information published in the Online Store.
1.13. Delivery Time Window
The time interval agreed by the Parties during which delivery of the Order is planned.
Agreement on a Delivery Time Window does not constitute a guarantee that the Order will be handed over at a specific hour or minute unless expressly agreed otherwise by the Parties.
1.14. Acceptance
The Buyer’s full and unconditional acceptance of this Agreement by placing an Order, making payment or taking other actions that, under Ukrainian law, indicate acceptance of this Public Offer.
1.15. Parties
The Seller and the Buyer, collectively referred to as the “Parties” and individually as a “Party”.

2. GENERAL PROVISIONS
2.1.
This Agreement is a public offer within the meaning of Articles 633, 641 and 642 of the Civil Code of Ukraine and sets out the terms of distance sales of Products through the Online Store.
2.2.
This Agreement is concluded between the Seller and the Buyer upon Acceptance by the Buyer and remains in force until the Parties have fully performed their obligations, unless otherwise provided by this Agreement or Ukrainian law.
2.3.
Acceptance of this Agreement occurs when the Buyer places an Order, makes payment or takes other actions indicating acceptance of its terms.
2.4.
Before Acceptance, the Buyer must review:

2.5.
Acceptance confirms that the Buyer:

2.6.
This Agreement applies to all Orders placed through the Online Store unless otherwise expressly agreed by the Parties or required by Ukrainian law.
2.7.
Information published in the Online Store regarding Products, their characteristics, prices, payment methods, delivery terms and other details forms an integral part of the information provided to the Buyer before conclusion of this Agreement.
2.8.
If specific terms for a particular Order have been agreed by the Parties in writing and differ from this Agreement, those agreed terms apply to that Order to the extent they do not conflict with Ukrainian law.
2.9.
Any matters not governed by this Agreement are governed by Ukrainian law.

3. SUBJECT OF THE AGREEMENT
3.1.
Under this Agreement, the Seller undertakes, in accordance with the Order, to manufacture where necessary, assemble and transfer ownership of the Product to the Buyer and provide services related to Order fulfilment, while the Buyer undertakes to accept and pay for the Product in accordance with this Agreement.
3.2.
The name, quantity, price, composition, characteristics, configuration, payment method, delivery method, fulfilment date, Delivery Time Window and other material terms are determined when the Order is placed or agreed by the Parties by another lawful method.
3.3.
The Seller manufactures Products, Arrangements and Personalized Products based on information provided by the Buyer.
The Buyer is responsible for the accuracy of texts, names, dates, numbers, styling requests, color schemes, Arrangement composition and other individual characteristics specified when placing the Order.
3.4.
Photographs, colors, decorative elements, proportions, styling and other Product images published in the Online Store are for informational purposes and provide a general representation of the Product.
The finished Product or Arrangement may differ slightly from the images provided that the overall concept, purpose, color palette, style and main consumer characteristics are preserved.
3.5.
If certain materials, decorative elements or components are unavailable, the Seller may, with the Buyer’s prior agreement, replace them with alternatives of comparable color, size, functional purpose, quality and value without reducing the overall appearance, style or consumer properties of the Order.
3.6.
If any of the Buyer’s requests are technically impossible or may adversely affect the quality, safety, appearance or service life of the Product, the Seller will inform the Buyer and suggest possible alternatives.
3.7.
If the Buyer wishes to change the composition, characteristics or other material terms after placing the Order, the change is handled in accordance with this Agreement and the current Order Fulfilment Stage.
3.8.
Ownership of the Product passes to the Buyer upon proper transfer in accordance with this Agreement unless otherwise provided by Ukrainian law.
3.9.
This Agreement applies to all Products, Arrangements and Personalized Products sold by the Seller through the Online Store unless otherwise expressly provided by this Agreement or Ukrainian law.

4. PLACING AN ORDER
4.1. Ways to Place an Order
4.1.1.
The Buyer may place an Order through the Online Store or by another method offered by the Seller.
4.1.2.
When placing an Order, the Buyer must provide complete, accurate and up-to-date information required for proper fulfilment.
4.1.3.
Information required to fulfil the Order may include:

4.2. Order Verification
4.2.1.
After an Order is placed, the Seller reviews the information received and may clarify individual details if necessary.
4.2.2.
If the Buyer selected “Do not call me for confirmation” when placing the Order, the Seller may proceed without telephone confirmation where the information provided is sufficient for proper fulfilment.
4.2.3.
Where clarification is required, the Seller may contact the Buyer using any method permitted by this Agreement.
4.3. Changes to an Order
4.3.1.
Before fulfilment begins, the Buyer may contact the Seller to request changes to individual Order terms.
4.3.2.
After fulfilment has begun, the possibility of changes depends on the Order Fulfilment Stage under Section 6.
4.3.3.
If a change requires additional materials, work or time, the related cost and fulfilment time are agreed separately by the Parties.
4.4. Grounds for Refusing to Fulfil an Order
4.4.1.
The Seller may refuse to fulfil an Order if:

4.4.2.
Where grounds for refusal arise, the Seller will, where possible, inform the Buyer and offer another method of fulfilment or a refund in accordance with this Agreement and Ukrainian law.

5. PAYMENT, CHANGES, CANCELLATION AND REFUNDS
5.1. Product Price
5.1.1.
Each Product price is stated in the Online Store in Ukrainian hryvnias (UAH).
5.1.2.
The Seller may change Product prices without prior notice before an Order is placed.
5.1.3.
Once an Order has been placed, the price in effect at the time of placing the Order applies unless otherwise agreed by the Parties or required by Ukrainian law.
5.2. Payment for an Order
5.2.1.
Payment is made using the methods available in the Online Store at the time the Order is placed.
5.2.2.
An Order is considered paid when funds are credited to the Seller’s account or the payment service confirms successful payment.
5.2.3.
If a payment system experiences a technical failure, the Parties will take reasonable steps to complete payment or agree another payment method.
5.3. Changes to an Order
5.3.1.
The Buyer may contact the Seller to request a change to the Order.
5.3.2.
The possibility of changes is determined according to the Order Fulfilment Stage under Section 6.
5.3.3.
If a change increases the Order price, the additional cost is agreed by the Parties before the additional work begins.
5.4. Cancellation of an Order
5.4.1.
The Buyer may contact the Seller to request cancellation.
5.4.2.
Whether cancellation is possible and its legal consequences depend on the Order Fulfilment Stage under Section 6.
5.5. Refunds
5.5.1.
The refund procedure takes into account:

5.5.2.
Where the Buyer is entitled to a refund under this Agreement and Ukrainian law, it is made by a method agreed by the Parties or required by law.
5.5.3.
Only amounts that may lawfully be withheld under Ukrainian law or this Agreement may be deducted from a refund.
5.5.4.
Bank, payment-system or other financial-institution fees actually paid in connection with the payment and not refunded to the Seller by the relevant institution may be excluded from the refund amount unless Ukrainian law provides otherwise.

6. ORDER FULFILMENT STAGES
6.1. General Provisions
6.1.1.
Each Order is fulfilled in stages.
6.1.2.
The Order Fulfilment Stage determines whether the Order can be changed, cancelled or rescheduled and affects refunds and other legal consequences under this Agreement.
6.1.3.
The Seller determines transition to the next stage based on the actual status of fulfilment.
6.2. “Order Accepted” Stage
At this stage, the Seller:

Before the Order moves to the next stage, the Buyer may request a change or cancellation.
Where a refund is due, the Seller may withhold only actual costs incurred and payment-service fees where such withholding is permitted by Ukrainian law.
6.3. “Assembly” Stage
At this stage, the Seller carries out:

If the Order is cancelled at this stage, the refund is determined taking into account work already completed, costs incurred and Ukrainian law.
6.4. “Production” Stage
At this stage, the Seller may perform:

If an Order is cancelled after production has begun, the refund is determined according to what portion of the Order has already been produced.
Products or Arrangements already produced and not suitable for resale because of their individual nature are treated in accordance with this Agreement and mandatory Ukrainian law.
For other Products not yet produced or used in fulfilling the Order, any refund is determined under this Agreement and Ukrainian law.
6.5. “Order Ready for Handover” Stage
The Order is considered fully produced, checked, assembled and ready for transfer to the Buyer, Recipient or courier.
Once the Order reaches this stage, rescheduling delivery is possible only by mutual agreement of the Parties and provided this will not reduce Product quality or consumer properties.
If rescheduling requires the Order or any part of it to be remade, the related cost is agreed separately by the Parties.
6.6. “Order Handed to Courier” Stage
Once the Order has been handed to the courier, the Seller is considered to have properly performed its obligations relating to manufacture, assembly and preparation for delivery.
Changes to the delivery address, time or other terms after handover to the courier are possible only where technically feasible.
If a change causes additional costs, those costs are agreed with the Buyer before they are incurred.
6.7. Inability to Deliver the Order
If delivery becomes impossible for reasons beyond the Seller’s control, the possibility of redelivery is determined individually taking into account:

Redelivery is at the Buyer’s expense.
If by the time of redelivery the Product has lost its physical, decorative or consumer properties and must be remade, the Buyer also bears the cost of remaking it where the failed delivery resulted from reasons beyond the Seller’s control.
6.8. “Order Fulfilled” Stage
The Order is considered fulfilled when properly handed over to the Buyer, Recipient or another person designated by the Buyer under this Agreement.
From that moment, further relations between the Parties are governed by the provisions of this Agreement concerning acceptance, use of the Product, liability and Ukrainian law.

7. PRINCIPLES OF ORDER FULFILMENT
7.1. General Provisions
7.1.1.
The Seller fulfils the Order in accordance with this Agreement, the information provided by the Buyer and the details specified when placing the Order.
7.1.2.
Proper fulfilment is possible only if the Buyer provides complete, accurate and timely information.
7.1.3.
Unless otherwise expressly agreed, the Seller independently determines production technology, the sequence of production processes, packaging method, delivery route and other organizational matters.
7.1.4.
If any request by the Buyer may reduce Product quality, shorten its service life or cause other adverse consequences, the Seller will inform the Buyer and may suggest an alternative.
7.1.5.
The Seller may refuse to carry out individual Buyer requests if they:

7.1.6.
The Buyer must promptly inform the Seller of any circumstances that may affect proper fulfilment of the Order.

8. DELIVERY
8.1. General Provisions
8.1.1.
Delivery is made to the address and on the date and within the Delivery Time Window agreed by the Parties.
8.1.2.
The Seller makes all reasonable efforts to deliver within the agreed Delivery Time Window.
8.1.3.
The Delivery Time Window is not a guarantee of handover at a specific hour or minute unless expressly agreed otherwise.
8.1.4.
Actual delivery time may be affected by traffic, weather, air-raid alerts, curfew, road closures, traffic accidents, vehicle breakdowns and other circumstances beyond the Seller’s control.
8.2. Buyer’s Obligations
8.2.1.
The Buyer must ensure that proper handover of the Order is possible.
8.2.2.
The Buyer or Recipient must be reachable at the contact telephone numbers provided with the Order.
8.2.3.
Where delivery is to a restricted-access location, the Buyer must ensure unobstructed access for the courier.
8.3. Courier Waiting Time
8.3.1.
If immediate handover is not possible, the courier may wait for the Buyer or Recipient for up to 30 minutes where this does not interfere with other deliveries.
8.3.2.
After that period, the courier may leave the delivery location and continue fulfilling other Orders.
8.4. Inability to Hand Over the Order
8.4.1.
If handover becomes impossible for reasons beyond the Seller’s control, the Order is considered undelivered for reasons beyond the Seller’s control.
8.4.2.
Such reasons may include:

8.4.3.
Redelivery is at the Buyer’s expense.
8.4.4.
Redelivery is possible only if the Product has retained its physical, decorative and consumer properties.
8.4.5.
If by the time of redelivery the Product has lost those properties and must be remade, the Buyer pays the cost of remaking it where the original delivery failed for reasons beyond the Seller’s control.
8.4.6.
Due to the physical characteristics of balloons and Arrangements, redelivery is generally carried out on the same day as the original delivery.
Whether delivery on another day is possible is determined by the Seller individually based on the actual condition of the Product.
8.5. Handover to Third Parties
8.5.1.
With the Buyer’s consent, the Order may be handed to another person designated by the Buyer.
8.5.2.
Such consent may be given when the Order is placed or confirmed from the Buyer’s contact telephone number.
8.5.3.
Handover to a concierge, security officer, administrator, reception desk, neighbor or another person designated by the Buyer constitutes proper performance of the Seller’s delivery obligations.
8.6. Refusal to Accept Delivery
8.6.1.
If the Buyer, Recipient or another person designated by the Buyer refuses without proper grounds to accept the Order, the legal consequences are determined under this Agreement and Ukrainian law.

9. ACCEPTANCE OF THE ORDER AND HANDLING OF REQUESTS AND CLAIMS
9.1. Acceptance of the Order
9.1.1.
At handover, the Buyer, Recipient or another person designated by the Buyer may inspect completeness, appearance, packaging integrity where applicable and conformity of the Product with the Order.
9.1.2.
Where the Order is accepted by the Recipient or another person designated by the Buyer, that person is deemed authorized by the Buyer to accept it.
9.1.3.
Acceptance without comments confirms the absence of obvious defects that could have been identified during a normal inspection at handover and does not limit rights granted to the Buyer by Ukrainian law.
9.2. Product Quality Requests
9.2.1.
If the Buyer identifies defects or other circumstances that, in the Buyer’s opinion, indicate improper fulfilment, the Buyer may contact the Seller.
9.2.2.
For the fastest review, the Buyer is advised to provide:

9.2.3.
Failure to provide these materials is not in itself grounds for refusing to review a request, but it may make it more difficult to establish the cause of the issue.
9.3. Review of Requests
9.3.1.
Each request is reviewed individually, taking into account:

9.3.2.
The Seller may request additional information, photographs, videos or other materials needed to establish the facts.
9.3.3.
If the issue is determined to have arisen for reasons attributable to the Seller, it will be resolved in accordance with Ukrainian law and this Agreement.
9.3.4.
If a change in the Product’s condition occurred after proper handover due to natural physical properties, conditions of use, mechanical impact or other circumstances beyond the Seller’s control, those circumstances are taken into account when reviewing the request.
9.4. Amicable Settlement
9.4.1.
The Seller and Buyer seek to resolve disputes through negotiation, consultation and good-faith cooperation.
9.4.2.
If no agreement can be reached, the dispute is resolved in accordance with Ukrainian law.

10. WARRANTIES AND WARRANTY LIMITATIONS
10.1. General Provisions
10.1.1.
The Seller guarantees that at the time the Order is handed over to the Buyer or Recipient, the Product conforms to the Order, is complete, has no visible damage and has been prepared to an appropriate quality standard.
10.1.2.
The Seller’s warranty applies exclusively to the condition of the Product at the time of proper handover to the Buyer, Recipient or another person designated by the Buyer under this Agreement.
10.2. Warranty Limitations
10.2.1.
After proper handover, the Seller is not responsible for changes in the Product’s condition caused by:

10.3. Specific Characteristics of Balloons
10.3.1.
The Buyer acknowledges that balloons are Products with a naturally limited service life.
10.3.2.
Gradual loss of volume, float height, shine, shape or other physical properties is a natural characteristic of balloons and does not in itself indicate improper quality.
10.4. Timing of Product Use
10.4.1.
The Buyer is advised to plan the delivery date and Delivery Time Window with the date and time of the event in mind.
10.4.2.
If, at the Buyer’s request, delivery occurs significantly earlier than the planned event, natural changes in the physical properties of balloons before use do not in themselves indicate improper quality.
10.5. Resolution of Potential Defects
10.5.1.
If the Buyer believes that the Product was defective or did not conform to the Order at the time of handover, the Buyer may contact the Seller in accordance with Section 9.
10.5.2.
Each such request is reviewed individually, taking into account the nature of the Product, materials provided, actual circumstances and Ukrainian law.

11. RULES OF USE AND PRODUCT CHARACTERISTICS
11.1. General Provisions
11.1.1.
After proper handover, the Buyer is responsible for transportation, storage and use of the Product in a manner consistent with its physical properties.
11.1.2.
Balloons, Arrangements and other Products are decorative goods whose appearance and period of preserved consumer and decorative properties depend directly on subsequent conditions of use.
11.2. Product Characteristics
11.2.1.
Balloons are made from latex, foil or other materials whose physical properties naturally change over time.
11.2.2.
Float duration, appearance, shape, volume and preservation of decorative properties may depend on:

11.2.3.
Gradual change in the physical properties of balloons during normal use is a natural characteristic of such Products.
11.3. Conditions of Use
11.3.1.
To preserve the Product’s decorative and consumer properties, Users should:

11.3.2.
Failure to observe these conditions may cause changes in the Product’s physical or decorative properties after handover.
11.4. Specific Features of Arrangements
11.4.1.
Arrangements are handmade and consist of separate decorative elements.
11.4.2.
During normal use, individual elements may shift slightly in position, volume, tension or shape without loss of the Arrangement’s overall decorative purpose.
11.5. Safe Use
11.5.1.
The Product must be used only for its intended purpose.
11.5.2.
Young children must not be left unattended near balloons, balloon fragments, ribbons or other small decorative elements.
11.5.3.
After use, the Product should be disposed of in accordance with general household-waste disposal rules.

12. CIRCUMSTANCES AFFECTING ORDER FULFILMENT
12.1. General Provisions
12.1.1.
Circumstances may arise during fulfilment that objectively affect the timing, method or ability to properly fulfil an Order.
12.1.2.
If such circumstances arise, the Seller will make all reasonable efforts to fulfil the Order properly or offer the Buyer another possible method of fulfilment.
12.2. Such Circumstances May Include

This list is not exhaustive.
12.3. Consequences of Such Circumstances
12.3.1.
If such circumstances arise, the Seller may:

12.3.2.
If fulfilment becomes temporarily impossible, the Seller will inform the Buyer within a reasonable time after becoming aware of the circumstances.
12.3.3.
If the circumstances cannot reasonably be resolved, the Parties will agree how the Order will be further fulfilled or terminated in accordance with this Agreement and Ukrainian law.
12.4. Force Majeure
12.4.1.
The Parties are released from liability for failure or improper performance of obligations where caused by force-majeure circumstances confirmed in the manner prescribed by Ukrainian law.
12.4.2.
Force-majeure circumstances are governed by Ukrainian law.

13. DISPUTE RESOLUTION
13.1. General Provisions
13.1.1.
If disagreements or disputes arise in connection with this Agreement, the Parties seek to resolve them through negotiations, consultations and good-faith cooperation.
13.1.2.
Each Party undertakes to act in good faith and reasonably and to take steps toward amicable resolution.
13.2. Dispute Resolution Procedure
13.2.1.
The Buyer may submit an application, request or claim to the Seller concerning fulfilment of an Order.
13.2.2.
The Seller reviews each request individually, taking into account:

13.2.3.
The Seller may request additional documents, photographs, videos or other information necessary to establish the relevant facts.
13.3. Court Proceedings
13.3.1.
If the Parties cannot resolve a dispute through negotiation, it will be resolved in accordance with Ukrainian law.
13.3.2.
The legal relationship between the Parties is governed exclusively by Ukrainian law.
13.4. Good Faith of the Parties
13.4.1.
This Agreement is interpreted in accordance with the principles of good faith, reasonableness and fairness.
13.4.2.
Nothing in this Agreement may be interpreted as limiting the Buyer’s rights or releasing the Seller from liability where Ukrainian law expressly provides otherwise.

14. INTELLECTUAL PROPERTY
14.1. Intellectual Property
14.1.1.
All materials published in the Online Store, including photographs, videos, texts, Product descriptions, logos, graphic elements, design solutions, brand identity, software code, website structure, Product catalog, creative Arrangement designs and other materials, are protected by intellectual-property rights or are lawfully used by the Seller.
14.1.2.
Nothing in this Agreement transfers any intellectual-property rights in such materials to the Buyer unless expressly agreed by the Parties in writing.
14.2. Use of Online Store Materials
14.2.1.
Without the Seller’s prior written consent, Online Store materials may not be used for commercial purposes, including:

14.2.2.
Online Store materials may be used only where permitted by Ukrainian law or with the Seller’s written consent.
14.3. Materials Provided by the Buyer
14.3.1.
By providing photographs, logos, layouts, text, trademarks or other materials for Order fulfilment, the Buyer confirms that they have the right to use and provide those materials to the Seller.
14.3.2.
If claims are made against the Seller in connection with materials provided by the Buyer, the Buyer bears responsibility to the extent prescribed by Ukrainian law.
14.3.3.
The Seller may refuse an Order if use of materials supplied by the Buyer may violate Ukrainian law, third-party rights or shows obvious signs of unlawful use of intellectual property.
14.4. Photography and Video of Completed Orders
14.4.1.
The Seller may photograph or record video of completed Products and Arrangements.
14.4.2.
Such photographs or videos may be used in the Seller’s portfolio, Online Store, social media, advertising and other informational materials provided that the Buyer’s or Recipient’s personal data are not disclosed without an appropriate legal basis.
14.4.3.
If the Buyer informs the Seller in writing before production begins that they object to use of materials relating to their specific Order, the Seller will take that preference into account where doing so does not conflict with Ukrainian law or prevent the Seller from protecting its rights or legitimate interests.

15. COMMUNICATION AND PERSONAL DATA
15.1. General Provisions
15.1.1.
For the conclusion, performance and administration of this Agreement, the Seller processes the Buyer’s and, where necessary, the Recipient’s personal data in accordance with Ukrainian law.
15.1.2.
By placing an Order, the Buyer confirms the accuracy of personal data provided and, where personal data of other persons are supplied, confirms that there is a lawful basis for providing those data to the Seller.
15.1.3.
Personal data are used only to the extent necessary for:

15.2. Communication Between the Parties
15.2.1.
The Seller uses the contact details provided by the Buyer to fulfil the Order.
15.2.2.
Communication may take place via:

15.2.3.
If the Buyer selects “Do not call me for confirmation”, this means only that the Buyer declines telephone confirmation and does not restrict the Seller from using other communication methods where needed to properly fulfil the Order.
15.2.4.
If the Buyer or Recipient does not respond to calls or messages during fulfilment, the Seller acts in accordance with this Agreement based on the information available at the time.
15.3. Transfer of Personal Data
15.3.1.
Personal data may be transferred to third parties only where the transfer:

15.3.2.
Only the minimum personal data necessary for the relevant purpose are transferred.
15.4. Personal Data Protection
15.4.1.
The Seller takes reasonable organizational and technical measures to protect personal data in accordance with Ukrainian law.
15.4.2.
The processing, storage and protection of personal data are governed by Ukrainian law and the Online Store’s Privacy Policy.

16. FINAL PROVISIONS
16.1. Entry into Force
16.1.1.
This Agreement constitutes a public offer in accordance with Articles 633, 641 and 642 of the Civil Code of Ukraine.
16.1.2.
The Agreement is considered concluded upon Acceptance by the Buyer in the manner set out herein.
16.1.3.
The Agreement remains in effect until the Parties have fully performed their obligations unless otherwise provided by Ukrainian law.
16.2. Amendments
16.2.1.
The Seller may amend this Agreement by publishing a new version in the Online Store.
16.2.2.
A new version takes effect upon publication unless otherwise stated in that version.
16.2.3.
Orders placed before a new version takes effect remain subject to the version in effect when the relevant Order was placed unless Ukrainian law provides otherwise.
16.3. Severability
16.3.1.
If any provision is held invalid, unlawful or unenforceable, the validity and application of the remaining provisions are unaffected.
16.4. Governing Law
16.4.1.
All legal relations arising between the Parties in connection with the conclusion, performance, amendment, termination or interpretation of this Agreement are governed by the laws of Ukraine.
16.5. Interpretation
16.5.1.
Section headings are included for convenience only and do not affect interpretation of individual provisions.
16.5.2.
If any provision may be interpreted in more than one way, it is applied taking into account Ukrainian law and the principles of good faith, reasonableness and fairness.
16.6. Entire Agreement
16.6.1.
This Agreement, together with the documents referred to herein, constitutes the entire agreement between the Parties concerning distance sales through the Online Store and supersedes any prior agreements on those matters, if any.

17. SELLER DETAILS
Seller: Individual Entrepreneur Lushchan Valeriia Serhiivna
Tax ID: 3581404584
Location: Kyiv, Ukraine
E-mail: geliumbaloons@gmail.com
Phone: +380730323343
Website: https://gelium.com.ua
Effective date of this version of the Agreement: April 1, 2026.

Public Offer Agreement

the terms of this Agreement;

the Privacy Policy;

Product information;

payment and delivery information;

other information published in the Online Store that is relevant to fulfilment of the Order.

2.5. Acceptance confirms that the Buyer:

has read the terms of this Agreement;

understands their meaning;

agrees to them in full;

confirms the accuracy of the information provided when placing the Order;

undertakes to comply with this Agreement.

the Buyer’s name;

contact telephone number;

e-mail address, if available;

the Recipient’s name and contact number, where applicable;

delivery address;

delivery date;

Delivery Time Window;

personalization text;

other information required to fulfil the Order.

the Buyer has provided false or incomplete information;

the Order is technically impossible to fulfil;

fulfilment would violate Ukrainian law;

materials provided by the Buyer may infringe third-party rights;

other circumstances objectively prevent proper fulfilment.

the Order Fulfilment Stage;

the nature of the Product;

whether Personalized Products are included;

the amount of work already completed;

the requirements of Ukrainian law.

checks the information;

reserves production time;

plans Order fulfilment;

performs other preparatory actions.

selection of Products;

preparation of materials;

preparation of decorative elements;

printing;

cutting;

other preparatory work.

If the Order is cancelled at this stage, the refund is determined taking into account work already completed, costs incurred and Ukrainian law. 6.4. “Production” Stage At this stage, the Seller may perform:

balloon inflation;

creation of Arrangements;

application of custom text;

personalization;

printing;

final Order styling.

the actual condition of the Product;

the time elapsed since production;

the Product’s physical properties;

whether the Product can still be used as intended.

violate Ukrainian law;

are technically impossible;

may compromise Product quality or safety;

infringe third-party rights;

conflict with this Agreement.

absence of the Buyer or Recipient;

no response to telephone calls or messages;

an incorrect address;

lack of access to the delivery location;

a malfunctioning intercom;

lack of an entry pass;

other similar circumstances.

the Order number;

a description of the situation;

photographs of the Product;

video, if available;

other information that may help establish the circumstances.

9.2.3. Failure to provide these materials is not in itself grounds for refusing to review a request, but it may make it more difficult to establish the cause of the issue. 9.3. Review of Requests 9.3.1. Each request is reviewed individually, taking into account:

the nature of the Product;

its conditions of use;

the actual circumstances;

materials provided;

the requirements of Ukrainian law.

the natural physical properties of balloons;

natural loss of helium or air;

mechanical damage;

failure to follow use recommendations;

improper transportation;

2.5.
Acceptance confirms that the Buyer:

If the Order is cancelled at this stage, the refund is determined taking into account work already completed, costs incurred and Ukrainian law.
6.4. “Production” Stage
At this stage, the Seller may perform:

9.2.3.
Failure to provide these materials is not in itself grounds for refusing to review a request, but it may make it more difficult to establish the cause of the issue.
9.3. Review of Requests
9.3.1.
Each request is reviewed individually, taking into account:

11.2.3.
Gradual change in the physical properties of balloons during normal use is a natural characteristic of such Products.
11.3. Conditions of Use
11.3.1.
To preserve the Product’s decorative and consumer properties, Users should:

This list is not exhaustive.
12.3. Consequences of Such Circumstances
12.3.1.
If such circumstances arise, the Seller may: