TERMS AND CONDITIONS

1. INTRODUCTION

These Terms and Conditions ("Terms and Conditions") govern the use of the website https://guniaproject.com ("Website"), the official online sales channel of the GUNIA brand, and the purchase of products made through it ("Products"). Please read these Terms and Conditions carefully, together with our Privacy Policy, before using the Website.

This Website is operated by Individual Entrepreneur Tymoshenko D.Y., registered in Ukraine under identification code (EDRPOU) 3328717144, located at UKRAINE, 04060, KYIV, SHEVCHENKIVSKYI DISTRICT, SHCHUSIEVA STR., BLD. 19/11, APT. 15, (hereinafter — "Seller", "we", "us", "our"). We provide this Website, including all information, tools and services available on it, to you ("Customer", "you", "your") subject to your acceptance of all terms, conditions and policies stated herein.

By accessing or using the Website and/or by placing an order on the Website (an "Order"), you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree with these Terms and Conditions, you must not use this Website.

2. DEFINITIONS

2.1. Website — the website located at https://guniaproject.com, the official online sales channel of the GUNIA brand through which the Seller offers Products for sale.

2.2. Seller — the person identified as "Seller" in Section 1, who offers Products for sale through the Website.

2.3. Customer — any natural person who accepts these Terms and Conditions and places an Order, acting for purposes outside their trade, business, craft or profession.

2.4. Products — any items offered for sale on the Website, including clothing, textiles, accessories, jewellery and ceramics. Information about Products (descriptions, photographs, characteristics and prices) is provided for reference and forms part of the pre-contractual information.

2.5. Order — a request submitted by the Customer through the Website for the purchase of one or more Products, which becomes binding upon confirmation by the Customer at checkout and acceptance by the Seller in accordance with Section 6.

2.6. Acceptance — full and unconditional acceptance by the Customer of these Terms and Conditions, effected by clicking the “Pay now” button (or any equivalent order-confirmation button displayed at checkout). By clicking this button, the Customer expressly acknowledges that placing the Order entails an obligation to pay.

2.7. Right of Withdrawal — the right of a Consumer to withdraw from the contract within fourteen (14) calendar days of receiving the Products, without giving any reason, as set out in Section 10.

2.8. Delivery — the logistics service provided by the Seller or a third-party carrier for transporting Products to the delivery address specified by the Customer, under the terms set out herein and on the Website.

2.9. Third Party — any person engaged by the Seller to fulfil its obligations, including delivery services, banks, payment providers and the Website platform provider.

2.10. Personal Data — any information relating to an identified or identifiable natural person as defined in Article 4(1) of Regulation (EU) 2016/679 (GDPR), processed by the Seller in connection with these Terms and Conditions. Processing is governed by the Privacy Policy available on the Website.

2.11. Force Majeure — circumstances beyond the reasonable control of the Parties, unforeseeable and unavoidable, that make performance temporarily impossible, as described in Section 14.

2.12. Parties — the Customer and the Seller collectively.

3. GENERAL PROVISIONS

3.1. These Terms and Conditions apply to all users of the Website and govern the purchase of Products, delivery, payment, returns and all other interactions between you and us.

3.2. By accessing or using the Website and/or placing an Order, you enter into a legally binding contract with the Seller on the version of these Terms and Conditions in effect at the time the Order is placed.

3.3. These Terms and Conditions apply equally to all Customers regardless of legal status or personal characteristics. The Seller does not tolerate discrimination on the basis of race, gender, nationality, age, disability, social status or any other protected characteristic.

3.4. The Seller may apply different ordering, payment or delivery rules where required by the Customer’s tax or customs status or by the applicable law of the destination country.

3.5. The Seller reserves the right to amend these Terms and Conditions at any time. Changes take effect upon publication on the Website and apply to Orders placed after the publication date. The current version is always available on the Website.

3.6. All information about Products, including descriptions, characteristics, images and prices, is provided for reference and may be updated by the Seller at any time.

3.7. Product images are for illustrative purposes only. While we make every effort to display colours and details accurately, we cannot guarantee that your device will accurately reflect the actual colour or texture of the Products.

3.8. Many of our Products are handcrafted. Slight variations in shape, texture, size, stitching or colour may occur compared to the images shown. These variations are not defects but inherent features of handmade items. By placing an Order, you acknowledge and agree to these characteristics.

4. SUBJECT OF THE AGREEMENT

4.1. Under these Terms and Conditions, the Seller undertakes to make the Products available for purchase and, upon receipt of full payment and completion of an Order, to transfer ownership of the selected Product(s) to the Customer. The Customer undertakes to review the information provided, place an Order, make full payment in accordance with Section 8, and accept Delivery of the Products.

4.2. The Seller guarantees that the Products are new, free from hidden defects, not pledged or encumbered by third-party rights, and correspond to the descriptions and characteristics presented on the Website, subject to Section 3.

4.3. Ownership of the Products transfers to the Customer upon full payment of the purchase price and physical receipt of the Products. The risk of accidental loss or damage transfers to the Customer at the moment of physical receipt.

4.4. Terms relating to payment, delivery, returns, exchanges and other conditions are governed by these Terms and Conditions and the additional policies available on the Website.

4.5. By clicking the “Pay now” button or any equivalent confirmation action at checkout, the Customer confirms that they have reviewed and agreed to all applicable terms, including pricing, delivery conditions, return and withdrawal rules, and any additional charges that may apply.

5. USE OF THE WEBSITE

5.1. Intellectual Property. All content on the Website — including photographs, videos, product designs, sketches, graphics, text, trademarks and any other materials — is the exclusive property of the Seller or its licensors. You may not use, copy, reproduce, distribute, modify or publish any such content without the Seller’s prior written consent.

5.2. You may use the Website only for lawful purposes. You must not: violate the intellectual property rights of the Seller or third parties; introduce viruses or harmful code; attempt to gain unauthorised access to the Website or its systems; scrape, harvest or collect data from the Website; or interfere with its operation or security. The Seller may suspend or restrict access in case of such violations.

5.3. The Website may contain links to third-party sites or services. The Seller is not responsible for the content, privacy practices or terms of such third-party resources.

5.4. The Seller does not guarantee uninterrupted or error-free operation of the Website. Maintenance, updates, technical issues or external factors may affect availability. You use the Website at your own risk.

6. ORDER PROCESSING

6.1. You place an Order independently on the Website by selecting the desired Product, quantity, delivery method and payment method, and completing checkout by clicking the “Pay now” button or any equivalent confirmation button displayed on the Website.

6.2. All Orders are subject to Product availability. If a Product is not in stock, the Website may offer a “Notify me when available” function, which allows you to leave your email address to be informed when the Product becomes available again. Submitting such a request does not constitute an Order or a contract and places no obligation on either Party; it is processed in accordance with the Privacy Policy.

6.3. If a selected Product becomes unavailable after an Order has been placed, the Seller will notify you as soon as reasonably possible and in any event no later than fourteen (14) calendar days from the date the Order was placed, using the contact details provided in the Order and offer one of the following: replacement with a similar Product; waiting until the Product becomes available; or cancellation of the Order with a full refund of any amounts paid.

6.4. After completing checkout, you will receive an Order confirmation by email or another communication method supported by the Website. This confirmation acknowledges that the Order has been received.

6.5. The Seller reserves the right to refuse or cancel an Order if: you provide incomplete, inaccurate or false information; technical issues or system errors prevent proper processing; payment is not completed; or you violate these Terms and Conditions.

6.6. An Order is considered accepted and proceeds to processing only after the Seller sends an explicit confirmation to the Customer.

7. RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. Seller’s Obligations. The Seller undertakes to:

7.1.1. fulfil its obligations in good faith and ensure the proper functioning of the sales process on the Website;

7.1.2. ensure that the Products correspond to their descriptions and characteristics, subject to the provisions on illustrative images and handmade variations;

7.1.3. arrange Delivery in accordance with these Terms and Conditions and the delivery policies published on the Website;

7.1.4. transfer ownership of the Products to the Customer upon full payment and Delivery;

7.1.5. inform the Customer in a timely manner if a Product is unavailable and offer alternative solutions;

7.1.6. provide the Customer with the information necessary for placing an Order, including details on Products, payment, delivery and returns.

7.2. Seller’s Rights. The Seller has the right to:

7.2.1. require the Customer to comply with these Terms and Conditions, including full and timely payment;

7.2.2. refuse or cancel an Order in the cases specified herein;

7.2.3. modify these Terms and Conditions as permitted under Section 3;

7.2.4. suspend or restrict access to the Website in the event of technical or other circumstances preventing its proper operation.

7.3. Customer’s Obligations. The Customer undertakes to:

7.3.1. carefully review these Terms and Conditions and all referenced policies before placing an Order;

7.3.2. provide accurate, complete and up-to-date information necessary for placing and fulfilling the Order;

7.3.3. make timely payment for the Products;

7.3.4. accept Delivery and inspect the Products upon receipt for completeness, condition and conformity with the Order;

7.3.5. use the Products for their intended purpose and follow any care or usage instructions provided by the Seller.

7.4. Customer’s Rights. The Customer has the right to:

7.4.1. receive accurate and complete information about the Products and the terms of purchase, delivery, returns and withdrawal;

7.4.2. expect the Seller to fulfil its obligations;

7.4.3. choose among the alternative options offered by the Seller if a Product is unavailable;

7.4.4. contact the Seller regarding any questions related to Product quality, delivery, withdrawal or returns;

7.4.5. exercise the Right of Withdrawal and request returns or exchanges under the conditions and within the time limits set out in Section 10.

8. PRICE AND PAYMENT TERMS

8.1. All prices for Products displayed on the Website are indicated in US dollars (USD) or euros (EUR), depending on the currency selected by the Customer on the Website. The displayed price includes the cost of standard Delivery, unless otherwise stated at checkout.

8.2. The price of each Product is displayed on the corresponding Product page and confirmed at checkout. The total price of the Order is calculated based on all selected Products and any applicable charges shown at checkout.

8.3. The Seller reserves the right to change Product prices at any time. Price changes do not affect Orders already placed and confirmed. If a Product is listed at an incorrect price due to a technical or other error, the Seller is not obliged to fulfil the Order at the incorrect price and will notify the Customer, offering to proceed at the correct price or to cancel the Order with a full refund of any amounts paid.

8.4. You must make full payment for the Order at checkout, using one of the payment methods available on the Website at the time of purchase.

8.5. All payments are processed securely through the payment providers made available by the Seller on the Website. The Seller uses standard technical measures, including encryption of payment card data, to protect payments.

8.6. Depending on your bank or payment provider, additional conditions, limitations or fees (such as international processing or currency conversion charges) may apply. The Seller is not responsible for such charges and recommends that you consult your bank or payment provider.

8.7. By completing a payment, you confirm that you are the legitimate owner or authorised user of the payment method used. By placing an Order, you also acknowledge and agree to the Website’s Privacy Policy.

8.8. An Order is considered paid once the funds have been successfully received by the Seller. If the transaction is unsuccessful or declined, the Order will not be processed, and you must retry the payment or select a different payment method.

9. SHIPPING AND DELIVERY

9.1. The Seller offers international Delivery of Products, except to the following destinations: Russia, Belarus, the temporarily occupied territories of Ukraine, and any other territories where delivery is restricted or unsafe.

9.2. International Orders are shipped via third-party courier and postal services selected by the Seller. Where available, you may select a preferred carrier during checkout.

9.3. The cost of standard Delivery is included in the Product price (Section 8.1). Any optional upgraded delivery method and its cost will be displayed at checkout. The delivery terms in force at the time of the Order are published on the Website.

9.4. Delivery times for international shipments are provided on the Website and may vary depending on the destination country and carrier. These times are approximate and not guaranteed, as delays may occur due to customs procedures, local postal operations, holidays or other circumstances beyond the Seller’s control.

9.5. The cost of international Delivery, including all applicable import duties, taxes and customs charges, is included in the Product price as displayed on the Website. The Seller arranges and bears all costs associated with delivering the Products to the address specified by the Customer in the Order.

9.6. Once the Order has been dispatched, you will receive a shipment confirmation email containing a tracking number or link, where available. If you have not received dispatch information within a reasonable time, please contact us at customer@guniaproject.com, indicating your Order number.

9.7. If you have not received the Order within 30 days from the date of the dispatch confirmation email, please contact the Seller at customer@guniaproject.com, providing your name and Order number. The Seller will investigate the shipment with the carrier and inform you of the outcome.

9.8. You are required to inspect the Products upon Delivery and check their condition, completeness and conformity with the Order. Any visible damage to the packaging or Products should be reported to the carrier at the time of delivery and immediately to the Seller.

10. RIGHT OF WITHDRAWAL AND RETURNS

10.1. Right of Withdrawal. If you are a Consumer, you have the right to withdraw from the contract within fourteen (14) calendar days without giving any reason. The withdrawal period expires fourteen (14) calendar days from the day on which you, or a third party indicated by you, acquire physical possession of the Products. Where the Products of one Order are delivered separately, the period runs from the day on which you acquire physical possession of the last item. To exercise the Right of Withdrawal, you must inform the Seller of your decision by sending an email to customer@guniaproject.com. To meet the deadline, it is sufficient that you send your email before the withdrawal period has expired.

10.2. Effects of Withdrawal. If you withdraw from the contract, the Seller will reimburse all payments received from you, without undue delay and in any event not later than fourteen (14) calendar days from the day on which the Seller is informed of your decision to withdraw. The Seller reserves the right to withhold reimbursement until it has received the Products back or until you have supplied evidence of having sent the Products back. Where the Seller has received the Products and identified any diminished value pursuant to Section 10.6, the reimbursement will reflect any agreed deduction; the Seller will notify you of the proposed deduction and process the reimbursement within fourteen (14) calendar days of receiving the Products. The Seller will make the reimbursement using the same means of payment you used for the initial transaction, unless you expressly agree otherwise.

10.3. Return of Goods. You must send back the Products or hand them over to the Seller without undue delay and in any event not later than fourteen (14) calendar days from the day on which you communicate your withdrawal. The deadline is met if you send back the Products before that period has expired.

10.4. Cost of Return. You will bear the direct cost of returning the Products following withdrawal. By accepting these Terms and Conditions before placing the Order, you are informed of and accept this obligation. You should contact the Seller before returning the Products to receive return instructions. The Customer must ensure that returned Products are packaged securely and shipped using a reliable, trackable method.

10.5. Exceptions to the Right of Withdrawal. The Right of Withdrawal does not apply to: (a) sealed goods which are not suitable for return for health protection or hygiene reasons if they were unsealed after delivery; (b) goods which are liable to deteriorate or expire rapidly; and (c) the other cases provided for by applicable legislation. Where an exception applies, you will be informed of this fact on the relevant Product page or before the Order is placed.

10.6. Diminished Value. You may handle the Products during the withdrawal period only to the extent necessary to establish their nature, characteristics and functioning — as would reasonably be permitted in a physical store. You are liable for any diminished value of the Products resulting from handling beyond this. In particular: (a) clothing and textiles returned with visible signs of wear, stains, odours, damage, or with original labels and tags deliberately removed, may be subject to a proportionate deduction from the refund; (b) jewellery and accessories showing scratches, tarnishing, deformation or other signs of use beyond initial inspection and trying on may likewise be subject to a deduction; (c) ceramics, tableware and homeware used for their intended purpose (including food or drink contact) prior to withdrawal may be subject to a deduction reflecting the diminished value. The Seller will assess the condition of returned Products upon receipt and notify you of any proposed deduction before processing the refund, giving you an opportunity to respond before any deduction is applied.

10.7. Legal Guarantee of Conformity. Products supplied to a Consumer benefit from the Legal Guarantee of Conformity, under which the Seller is liable for any lack of conformity existing at the time of delivery and becoming apparent within two (2) years of delivery, in accordance with applicable consumer protection law (including Directive (EU) 2019/771). Where the Products do not conform with the contract, you are entitled to have them brought into conformity by repair or replacement or, where appropriate, to a proportionate price reduction or to termination of the contract and a refund.

10.8. What Does Not Constitute a Lack of Conformity. The following circumstances do not constitute a lack of conformity within the meaning of the Legal Guarantee of Conformity and are not covered by it: (a) natural wear and tear resulting from normal use over time, including fading, pilling, softening of materials, or gradual loss of colour or lustre; (b) damage caused by failure to follow care instructions provided on the product label or on the Website, including incorrect washing, drying, ironing or dry-cleaning; (c) mechanical damage caused by the Customer, including tears, cuts, scratches, chips, cracks, breakage or deformation resulting from impact, pressure, dropping or improper storage; (d) damage caused by exposure to chemicals, excessive moisture, direct sunlight, extreme temperatures or other external environmental factors; (e) natural variations in colour, texture or dimensions inherent to handmade or artisan products, as disclosed on the relevant Product page; (f) changes in appearance of jewellery or accessories resulting from normal use, including tarnishing of metal surfaces through contact with skin, cosmetics or air; (g) for ceramics and tableware: chips, cracks or breakage resulting from impact or improper handling after delivery, as distinct from manufacturing microfractures present at the time of delivery.

10.9. How to Report a Non-Conformity. If you believe a Product does not conform to the contract, please contact us at customer@guniaproject.com with a description of the issue. Your claim must include: (a) clear photographs showing the issue, including the affected area and the Product as a whole; (b) a description of when and how the issue was discovered; (c) confirmation that the Product was used and stored in accordance with the care instructions; and (d) proof of purchase (Order number or payment confirmation). We will review your claim within 14 business days and notify you of the outcome.

10.10. Remedies and Refund. All costs of returning a Product confirmed as non-conforming under the Legal Guarantee of Conformity are borne by the Seller, who will provide return instructions upon confirmation of the claim. Where a lack of conformity is confirmed, the Seller will process the applicable remedy — repair, replacement, price reduction or refund — without undue delay and in any event within fourteen (14) calendar days from the date of confirmation of the non-conformity. Any refund will be made using the same means of payment used for the initial transaction.

11. LIMITATION OF LIABILITY

11.1. The Seller is responsible for fulfilling its obligations under these Terms and Conditions with reasonable care and in accordance with applicable law.

11.2. Subject to Section 11.1, the Seller shall not be liable for: minor variations in colour, texture or appearance of the Products caused by display settings, screen colour reproduction, lighting or other technical factors on your devices; the accuracy or completeness of the information you provide when placing an Order; delays in processing or delivering an Order resulting from circumstances beyond the Seller’s control, including actions of Third Parties, courier delays, customs inspections, payment system disruptions or Force Majeure; interruptions, errors or malfunctions in payment systems or third-party services used to process payments; your actions or omissions, including disclosure of account credentials or other confidential information to third parties; or interruptions or failures in public communication networks or Internet connection affecting access to the Website.

11.3. You are solely responsible for the accuracy of the information provided when placing an Order.

11.4. All inquiries, complaints or claims must be submitted in writing to customer@guniaproject.com. The Seller will review such submissions within 14 business days and take appropriate action where the complaint is substantiated and compliant with these Terms and Conditions and applicable law.

11.5. To the fullest extent permitted by applicable law, and subject to Section 11.1, the Seller shall not be liable for any indirect, incidental, consequential, punitive or special damages, including loss of profit, loss of data or loss of business opportunities, arising from the use of the Website or the purchase of Products.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1. These Terms and Conditions, and any dispute or claim arising out of or in connection with the use of the Website or the purchase of Products, are governed by and construed in accordance with the laws of Ukraine.

12.2. If you are a Consumer habitually resident in another country, including a Member State of the European Union, the choice of Ukrainian law in Section 12.1 does not deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence. You benefit from those mandatory provisions to the extent they are more protective than the law chosen above.

12.3. The Parties shall make every reasonable effort to resolve any dispute through good-faith negotiation by email within thirty (30) calendar days from written notice of the dispute.

12.4. If a dispute cannot be resolved amicably, it shall be referred to the competent courts in accordance with the applicable rules of jurisdiction.

13. FORCE MAJEURE

13.1. Neither Party shall be liable for any failure or delay in performing its obligations if such failure or delay is caused by a Force Majeure event — circumstances beyond the reasonable control of the affected Party, which are unforeseeable, unavoidable and make performance temporarily impossible.

13.2. Force Majeure events include, but are not limited to: natural disasters such as earthquakes, floods, storms or fires; explosions, industrial accidents or failure of public utilities; acts of war (declared or undeclared), military action, armed conflict, terrorist acts, riots or civil unrest; strikes, lockouts or labour disputes; embargoes, governmental restrictions, sanctions or actions of public authorities; pandemics, epidemics or other public health emergencies; and disruptions in transportation, energy supply or communication networks, insofar as they affect performance.

13.3. The affected Party shall notify the other Party as soon as reasonably possible, providing sufficient details of the event and its expected impact, and shall make reasonable efforts to mitigate its consequences.

13.4. For the duration of a Force Majeure event, performance of the affected obligations shall be suspended until the circumstances no longer exist.

13.5. If a Force Majeure event continues for more than 60 consecutive days, either Party may terminate the contract by written notice to the other Party, taking effect upon receipt unless the Parties agree otherwise.

14. PERSONAL DATA

14.1. Any Personal Data you provide when placing an Order is processed solely to fulfil the Order and provide customer support, and is collected and processed in accordance with the Seller’s Privacy Policy available on the Website at https://guniaproject.com/policies/privacy-policy.

14.2. By placing an Order, you consent to the processing of your Personal Data for the following purposes: processing and fulfilment of Orders; customer communication; and, where you have given separate consent and as permitted by law, sending marketing communications. The Seller may share Personal Data with Third-Party service providers (such as logistics and payment providers) strictly for these purposes.

14.3. You have the right to access, rectify, update, erase or restrict the processing of your Personal Data, to object to processing and to data portability, as described in the Privacy Policy. To exercise these rights, contact the Seller using the details provided on the Website or in the Privacy Policy.

15. MISCELLANEOUS

15.1. Severability. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.

15.2. Entire Agreement. These Terms and Conditions, together with the Privacy Policy, Cookies Policy and any policies published on the Website, constitute the entire agreement between you and the Seller regarding the purchase of Products.

15.3. No Waiver. The Seller’s failure to enforce any right or provision shall not constitute a waiver of that right or provision.

15.4. Website Content. Some information published on the Website may be historical or no longer current and is provided for reference only. The Seller may update, modify or remove content at any time.

15.5. Amendments. The Seller may update or modify these Terms and Conditions at any time by publishing the updated version on the Website and indicating the revision date. Continued use of the Website or placement of Orders after such updates constitutes acceptance of the revised Terms and Conditions.