PUBLIC OFFER AGREEMENT
(for the purchase of digital products)
This Agreement constitutes the official and public offer of the Seller to conclude a distance sale and purchase agreement for digital products presented on the website thelifeboutique.co (hereinafter, the “Website”).
This Agreement is a public contract in accordance with Article 633 of the Civil Code of Ukraine, and its terms are the same for all Buyers regardless of their status (individual, legal entity, or sole proprietor), without granting preference to one Buyer over another.
By concluding this Agreement, the Buyer fully accepts the terms and procedure for placing an order, paying for digital products, receiving access to digital products, the terms of use, return and refund conditions where applicable, liability for bad-faith actions, and all other terms of this Agreement.
This Agreement shall be deemed concluded from the moment the Buyer clicks the button confirming the order on the checkout page and receives electronic confirmation of the order from the Seller, or otherwise performs a clear electronic action constituting acceptance of the Offer in accordance with applicable law.
1. Definitions
1.1. Public Offer (hereinafter, the “Offer”) means the Seller’s public proposal addressed to an indefinite number of persons to conclude with the Seller a distance sale and purchase agreement for digital products (hereinafter, the “Agreement”) on the terms set out in this Offer.
1.2. Digital Product / Product / Service means the subject matter of the transaction between the parties, namely digital content selected by the Buyer on the Website, added to the cart, and purchased remotely from the Seller. Digital Products may include, without limitation, guides, PDFs, downloadable files, templates, checklists, trackers, workbooks, scripts, and similar informational or educational digital materials.
1.3. Online Store / Website means the Seller’s website located at thelifeboutique.co, created for concluding agreements for the sale of digital products on the basis of the Buyer’s review of the description of the Product using the Internet.
1.4. Buyer means a legally capable natural person who has reached the age of 18 and receives information from the Seller, places an order for the purchase of Products presented on the Website for purposes not directly related to entrepreneurial activity, or a legal entity, or a sole proprietor.
1.5. Seller means FOP KHURRAMOVA ANITA ADZHOA, Taxpayer Identification Number 3525305304, registered and operating under the laws of Ukraine, with address: Ukraine, Kharkiv, prospekt Traktorobudivnykiv 114A, apt. 68, 61118, email: amponsa.anit@gmail.com, telephone: +380500674198.
1.6. Order means the Buyer’s duly completed request to purchase one or more Digital Products through the Website, by email, or by another communication method offered by the Seller.
1.7. Personal Account / Download Page / Electronic Access means the electronic method by which the Seller provides the Buyer with access to the purchased Digital Product, including but not limited to a confirmation page, email, personal account, or direct download link.
1.8. Acceptance of the Offer means the Buyer’s full and unconditional acceptance of the terms of this Agreement by placing an Order and/or making payment for the Product and/or clicking the order confirmation button.
1.9. License means a limited, non-exclusive, non-transferable permission granted by the Seller to the Buyer to use the Digital Product solely for personal, private use, unless expressly stated otherwise.
2. Subject of the Agreement
2.1. The Seller undertakes to provide the Buyer with access to the Digital Product selected by the Buyer, and the Buyer undertakes to pay for and accept such Digital Product on the terms of this Agreement.
2.2. The Seller provides the Buyer not with a transfer of intellectual property rights, but with access to the Digital Product and a limited right to use it under the terms of this Agreement.
2.3. The date of conclusion of the Agreement (acceptance of the Offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be deemed to be the date on which the Buyer completes the order form on the Website and/or makes payment for the Order, provided that the Buyer receives confirmation of the Order from the Seller in electronic form.
2.4. If necessary, and at the request of the Buyer, the Agreement may be additionally documented in writing; however, the absence of a paper version does not affect the validity of the electronic Agreement.
3. Order Placement
3.1. The Buyer independently places an Order through the Website using the cart and checkout functionality, or by email or another communication method indicated by the Seller in the contacts section.
3.2. The Seller shall have the right to refuse fulfillment of the Order if the information provided by the Buyer during order placement is incomplete, inaccurate, contradictory, or raises justified doubts as to its validity.
3.3. When placing an Order on the Website, the Buyer undertakes to provide complete and accurate information required by the Seller for proper fulfillment of the Order, including, where applicable:
3.3.1. full name of the Buyer;
3.3.2. contact email address;
3.3.3. contact telephone number;
3.3.4. billing details if requested;
3.3.5. taxpayer identification or registration data if the Buyer is a legal entity or sole proprietor.
3.4. The name, quantity, price, and essential characteristics of the selected Product are indicated on the corresponding product page and/or in the Buyer’s cart on the Website.
3.5. If one of the parties requires additional information, that party shall have the right to request it from the other party. If the Buyer fails to provide the requested information necessary for fulfillment of the Order, the Seller shall not be liable for delay, non-delivery, or improper fulfillment of the Order.
3.6. In the event an Order is placed through a representative or operator of the Seller, the Buyer shall provide the information specified in clauses 3.3–3.5 of this Agreement.
3.7. By placing an Order, the Buyer confirms that they have read, understood, and accepted the terms of this Offer in full, without reservations or exceptions.
3.8. The Buyer bears full responsibility for the accuracy of the information provided when placing the Order.
3.9. By accepting this Offer, the Buyer confirms that:
a) the Buyer has fully read and agrees with the terms of this Agreement;
b) the Buyer gives consent to the collection, processing, use, storage, and transfer of personal data to the extent necessary for fulfillment of this Agreement, payment processing, customer support, communication with the Buyer, and compliance with legal obligations, in accordance with the Law of Ukraine “On Personal Data Protection”;
c) the Buyer understands that such personal data processing is carried out for specific and lawful purposes under Ukrainian law;
d) the Buyer understands that certain personal data may be transferred to payment providers, hosting providers, email service providers, file delivery systems, customer support providers, analytics tools, and other service providers involved in fulfillment of the Order;
e) the Buyer has been informed of their rights as a personal data subject under Ukrainian law.
4. Price and Payment
4.1. Prices for Products and services are determined by the Seller independently and indicated on the Website.
4.2. Prices for Products may be changed by the Seller unilaterally depending on market conditions, promotional conditions, product editions, updates, or other circumstances. At the same time, the price of a Product already fully paid for by the Buyer cannot be changed unilaterally in relation to that completed Order.
4.3. The price indicated on the Website is the price payable for the digital Product itself and does not include any banking, currency conversion, payment provider, or communication charges that may be imposed by third parties on the Buyer.
4.4. The Buyer shall pay for the Product using the payment methods available on the Website or otherwise offered by the Seller.
4.5. The Buyer’s payment obligation shall be deemed fulfilled from the moment the relevant funds are credited to the Seller’s account or otherwise successfully confirmed by the payment provider.
4.6. If payment is not completed or is reversed, the Seller has the right not to provide access, to suspend access, or to cancel the Order.
4.7. If the Buyer uses a third-party payment service, the Buyer also agrees to comply with that service’s terms and conditions.
5. Delivery and Access to Digital Products
5.1. Delivery of the Product is carried out electronically.
5.2. Access to the Product may be provided by one or more of the following methods:
- email with a download link;
- download page shown after payment;
- personal customer account;
- file access page;
- another electronic method determined by the Seller.
5.3. The Seller shall use reasonable efforts to provide access promptly after successful payment, unless a different access timeframe is specified on the Website.
5.4. The Buyer must ensure that the email address provided during checkout is accurate and accessible.
5.5. The Seller shall not be liable for failure to receive the Product if such failure is caused by:
- an incorrectly entered email address;
- the Buyer’s spam filter or mailbox restrictions;
- technical restrictions on the Buyer’s device, software, browser, or network;
- actions or failures of third-party providers not controlled by the Seller.
5.6. If the Buyer does not receive access to the Product within a reasonable time after payment, the Buyer must contact the Seller using the contact details provided in this Agreement.
5.7. The moment the Product is made available for download, viewing, or electronic access to the Buyer shall be considered proper performance by the Seller of its delivery obligation, unless the Buyer proves a technical impossibility attributable to the Seller.
6. Use of Digital Products and License Terms
6.1. Unless expressly stated otherwise, the Seller grants the Buyer a limited, non-exclusive, non-transferable, revocable license to use the purchased Digital Product solely for personal, private, non-commercial purposes.
6.2. The Buyer shall not:
6.2.1. reproduce the Product for resale, redistribution, or public sharing;
6.2.2. transfer, sublicense, lease, sell, gift, publish, or otherwise distribute the Product to third parties;
6.2.3. upload the Product to file-sharing sites, public drives, social networks, Telegram channels, private groups, internal company databases, or other sharing systems;
6.2.4. modify the Product for resale, relicensing, or public/commercial use;
6.2.5. remove notices of authorship, branding, or legal notices.
6.3. Any use of the Product beyond private personal use requires the Seller’s prior written permission.
6.4. In case of violation of the license terms, the Seller has the right to revoke access, refuse further service, and seek legal remedies available under applicable law.
7. Returns, Refusals, Refunds, and Product Defects
7.1. The Buyer understands and agrees that the Products sold under this Agreement are digital products delivered electronically and not physical goods.
7.2. Because the Product is digital and access is normally granted immediately after payment, the Buyer acknowledges that after access is granted, the Product cannot be physically returned in the same way as physical goods.
7.3. The Seller does not provide refunds merely because:
- the Buyer changed their mind;
- the Buyer no longer needs the Product;
- the Buyer expected a different subjective result;
- the Buyer failed to read the description carefully;
- the Buyer lacks time to use the Product;
- the Buyer used an incorrect email address or failed to contact support promptly.
7.4. However, nothing in this Agreement shall exclude the Buyer’s rights under mandatory provisions of Ukrainian law relating to digital content and digital services, including where the Product is not delivered, access is not provided, or the Product materially fails to conform to the contract.
7.5. If the Buyer believes that the Product has not been delivered, is inaccessible, is corrupted, or materially does not correspond to the description, the Buyer must contact the Seller and provide all information reasonably necessary for review of the claim.
7.6. If a technical problem is confirmed and is attributable to the Seller, the Seller may, at its discretion and where appropriate under applicable law:
7.6.1. restore access;
7.6.2. re-send the Product;
7.6.3. correct the defect;
7.6.4. replace the Product with a substantially equivalent version;
7.6.5. provide a full or partial refund if the defect cannot be reasonably remedied or if required by law.
7.7. Refunds, where granted, shall be made using the original payment method unless otherwise agreed.
7.8. The Buyer shall not have the right to use chargebacks or payment disputes in bad faith where the Product has been delivered or access has been granted, except where a legitimate legal basis exists.
7.9. If the Product has individually determined characteristics, customized content, personalized formatting, or other personal features created specifically for the Buyer, such circumstances may limit or exclude withdrawal/refund rights to the extent permitted by law.
8. Rights and Obligations of the Parties
8.1. The Seller shall:
8.1.1. provide the Buyer with access to the purchased Product in accordance with this Agreement;
8.1.2. provide the Buyer with information necessary for receiving and using the Product;
8.1.3. not disclose confidential information about the Buyer except where necessary to fulfill the Order, process payment, provide customer support, or comply with the law.
8.2. The Seller has the right to:
8.2.1. amend this Agreement unilaterally by publishing a new version on the Website;
8.2.2. change prices, product descriptions, product editions, and access conditions prior to purchase;
8.2.3. suspend or refuse service if the Buyer violates this Agreement, acts fraudulently, abuses refunds, or infringes intellectual property rights.
8.3. The Buyer shall:
8.3.1. read this Agreement before concluding it;
8.3.2. provide accurate and current information;
8.3.3. pay for the Product in full;
8.3.4. use the Product only within the scope of the granted license;
8.3.5. not infringe the Seller’s intellectual property rights;
8.3.6. promptly contact the Seller if there is a delivery or access issue.
9. Liability
9.1. The Seller shall not be liable for the Buyer’s inability to use the Product due to the Buyer’s lack of appropriate software, hardware, internet access, technical knowledge, or compatibility.
9.2. The Seller shall not be liable for non-performance or improper performance caused by inaccurate information provided by the Buyer.
9.3. The Products are informational and educational in nature unless explicitly stated otherwise. The Seller does not guarantee any particular personal, financial, emotional, health, family, parenting, or professional outcome from use of the Product.
9.4. The Seller’s total liability in connection with a particular Order shall in any event be limited to the amount actually paid by the Buyer for the relevant Product, except where a greater extent of liability is required by mandatory law.
9.5. The Seller and the Buyer are liable for fulfillment of their obligations in accordance with the legislation of Ukraine and this Agreement.
10. Force Majeure
10.1. The Seller and the Buyer shall be released from liability for full or partial failure to fulfill their obligations if such failure is caused by force majeure circumstances arising after conclusion of this Agreement and beyond the reasonable control of the parties, including but not limited to:
- war or military actions;
- terrorism;
- cyberattacks of large scale;
- natural disasters;
- fire;
- flood;
- earthquake;
- acts of state authorities;
- failures of power grids, communications, or internet infrastructure;
- other extraordinary events.
10.2. The party unable to fulfill its obligations due to force majeure shall notify the other party as soon as reasonably possible.
11. Confidentiality and Personal Data Protection
11.1. By providing personal data during registration, checkout, or communication with the Seller, the Buyer grants voluntary consent to the processing of such personal data for the purposes of:
- order fulfillment;
- customer support;
- payment processing;
- communication regarding access to Products;
- bookkeeping and tax compliance;
- protection of the Seller’s lawful interests.
11.2. The Seller undertakes not to disclose personal data received from the Buyer except:
- to service providers involved in performance of the Agreement;
- where required by law;
- where necessary to protect the Seller’s rights and legitimate interests.
11.3. The Buyer is responsible for ensuring that the personal data provided is accurate and up to date.
11.4. The Seller is not liable for improper performance resulting from inaccurate or outdated personal data provided by the Buyer.
11.5. Personal data processing is governed by the Law of Ukraine “On Personal Data Protection.”
12. Intellectual Property
12.1. All Website content, Digital Products, texts, structures, layouts, designs, files, visual elements, and other materials provided by the Seller are protected by intellectual property law.
12.2. Purchase of a Product does not transfer copyright or other intellectual property rights to the Buyer.
12.3. Any unauthorized use of the Product or Website materials may constitute infringement and may be prosecuted to the fullest extent permitted by law.
13. Other Terms
13.1. This Agreement is concluded in the territory of Ukraine and shall be governed by the current legislation of Ukraine.
13.2. All disputes arising between the Buyer and the Seller shall first be resolved through negotiations.
13.3. If a dispute cannot be resolved through negotiations, the parties have the right to apply to the competent courts in accordance with the legislation of Ukraine.
13.4. The Seller has the right to amend this Agreement unilaterally by publishing an updated version on the Website. The updated version shall apply to Orders placed after the publication date of such updated version.
13.5. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
SELLER’S DETAILS
FOP KHURRAMOVA ANITA ADZHOA
Taxpayer Identification Number: 3525305304
Address: Ukraine, Kharkiv, prospekt Traktorobudivnykiv 114A, apt. 68, 61118
Email: amponsa.anit@gmail.com
Telephone: +380500674198
