Public Offer Agreement
PUBLIC OFFER AGREEMENT
The Elixir Perfume Laboratory
(Agreement for the Provision of Services and Remote Sale of Goods)
1. GENERAL PROVISIONS
1.1. This Public Offer Agreement (hereinafter — the Agreement) governs the relationship between Individual Entrepreneur Borysenko Valerii Valeriiovych (hereinafter — the Service Provider), operating under the brand "The Elixir" (The Elixir Perfume Laboratory), and any natural or legal person (hereinafter — the Customer/Client) who orders or uses the Laboratory's services or accesses its Website.
1.2. The Laboratory's website is located at theelixir.ai and is the property of IE Borysenko V. V.
1.3. The Service Provider reserves the right to amend the terms of this Agreement unilaterally. Amendments take effect upon publication on the Website. Continued use of the services constitutes acceptance of the current version of the Agreement.
1.4. The Customer is solely responsible for reviewing the current version of the Agreement.
2. DEFINITIONS
2.1. For the purposes of this Agreement, the following terms shall have the meanings set out below:
2.1.1. "The Elixir" (The Elixir Perfume Laboratory) — the brand under which IE Borysenko V. V. provides access to perfumery components, informational and consultancy services in the field of perfumery, and organises perfumery sessions, masterclasses, and corporate events.
2.1.2. Perfumery Session — the core service of the Laboratory, in which the Service Provider makes available to the Client:
— access to a curated collection of certified perfumery components (aromatic concentrates, essences, bases, fixatives, etc.) from the Laboratory's stock;
— information about the properties, compatibility and application features of the components;
— methodological guidance on fragrance composition (pyramid construction algorithm, dosing principles, blending techniques).
The actual creation of the fragrance — selection of components, determination of proportions, and blending — is performed exclusively by the Client, at the Client's sole discretion and under the Client's own supervision. The Service Provider does not manufacture perfumery products on behalf of the Client and is not the manufacturer of the final product within the meaning of cosmetics legislation.
2.1.3. Session formats available to the Client at the time of booking:
— Individual session (one participant);
— Paired session (two participants creating fragrances independently or jointly);
— Group session (three or more participants; arranged in advance; forms the basis of corporate and themed events).
2.1.4. Perfumery Components — aromatic substances, concentrates, bases and auxiliary materials held in the Laboratory's stock, to which the Service Provider grants the Client access during the session. The components are made available for use and are not transferred to the Client's ownership as individual units.
2.1.5. Informational and Consultancy Support — the provision by the Service Provider of verbal and/or written information regarding: aromatic families classification; properties of individual components; principles of fragrance pyramid construction (top, heart, and base notes); dosing and blending techniques. Informational support forms an integral part of the Perfumery Session and is not a standalone service.
2.1.6. Masterclass — an educational event combining a lecture with a practical component, during which the Service Provider imparts theoretical knowledge and demonstrates perfumery techniques. Participants work independently using the provided components.
2.1.7. Corporate Session — a group event (perfumery session or masterclass) for organisations, conducted under a separate agreement between the Service Provider and a legal entity or individual entrepreneur.
2.1.8. AI Service — an online personalised fragrance recommendation tool powered by artificial intelligence, accessible via the Website or The Elixir mobile application. This service is informational and advisory in nature and does not form part of any manufacturing process.
2.1.9. Completed Fragrance — the perfumery composition obtained by the Client as the result of actions performed independently by the Client during a session. Since the composition and proportions of components are determined solely by the Client, the Service Provider bears no responsibility for the organoleptic or qualitative characteristics of the final composition.
3. SUBJECT MATTER OF THE AGREEMENT
3.1. Under this Agreement, the Service Provider undertakes to provide the Customer with the following range of services:
3.1.1. Perfumery Session Service (Core Service)
The Service Provider organises the session and, within its scope, provides the Client with:
— (a) access to perfumery components from the Laboratory's stock, in the volume required to create one fragrance in accordance with the selected format and session duration;
— (b) information about the available components: aromatic profile, notes, recommended combinations, permissible concentrations;
— (c) a methodological framework for fragrance construction and technical support throughout the blending process.
The entire process of component selection, quantity determination, and physical blending is carried out by the Client independently, under the Client's own supervision and according to the Client's own preferences. The Service Provider acts solely as a provider of access to the components and informational resources, and not as a manufacturer of perfumery products.
3.1.2. Service Delivery Formats
The Perfumery Session Service is provided in one of three formats as chosen by the Client:
— Individual Session: one Client creates a personal fragrance with the support of one Laboratory consultant. Ensures the highest degree of personalisation and consultancy engagement.
— Paired Session: two participants attend the session simultaneously. Each participant creates an independent fragrance, or they collaborate on a single composition — at their own discretion. Consultancy support is provided to both participants concurrently.
— Group Session: three or more participants. Arranged by prior agreement; forms the basis for themed masterclasses, corporate events, and celebrations. Terms are agreed individually.
3.1.3. Access to Perfumery Components
The Service Provider grants the Client temporary access to perfumery components from the Laboratory's stock, exclusively within and for the duration of the Perfumery Session. The components remain the property of the Service Provider. The Client does not acquire ownership of the components and may not remove them from the Laboratory premises. The completed fragrance independently created by the Client during the session and decanted into a bottle is transferred to the Client as the result of the service rendered.
3.1.4. Informational and Consultancy Support
Within the scope of the session, the Service Provider provides the Client with information regarding:
— principles of fragrance pyramid construction (top, heart, and base notes);
— aromatic characteristics and compatibility of components;
— dosing, dilution, and blending techniques;
— fundamentals of perfumery classification (aromatic families: oriental, woody, floral, citrus, etc.).
The provision of such information forms an integral part of the Perfumery Session service and does not constitute a standalone activity.
3.1.5. Ancillary Services
— Perfumery masterclasses (themed and general educational formats).
— Corporate events and team-building activities based on perfumery sessions.
— Access to the AI-powered personalised fragrance recommendation service.
— Remote retail and wholesale sale of the Laboratory's own perfumery products through the Website.
3.2. Access to the informational section of the Website is provided free of charge. Services are payable in accordance with the current price list published on the Website.
3.3. This Agreement constitutes a public offer. Placing an order, making a payment, or physically attending a session shall constitute the Customer's full and unconditional acceptance of the terms of this Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Service Provider shall have the right to:
4.1.1. Amend the terms of service, the range of available formats, and pricing. Amendments take effect upon publication on the Website and shall not apply to orders already confirmed and paid.
4.1.2. Restrict the Client's access to the components or terminate the session early in the event of the Client's breach of the Laboratory's on-site rules or the terms of this Agreement.
4.1.3. Decline to provide a service if the Client's submitted information is found to be inaccurate.
4.2. The Service Provider shall be obliged to:
4.2.1. Provide the Client with access to the perfumery components and deliver informational and consultancy support in accordance with the selected session format.
4.2.2. Ensure appropriate conditions for conducting the session: workstation, equipment, and materials.
4.2.3. Maintain the confidentiality of the Client's personal data and information regarding the fragrances created by the Client.
4.2.4. In the event of a session cancellation initiated by the Service Provider — refund the full amount paid or offer an equivalent rescheduling.
4.3. The Client shall have the right to:
4.3.1. Independently determine the composition, quantity, and proportions of their fragrance's components.
4.3.2. Receive comprehensive information from the consultant regarding the available components and their technical application.
4.3.3. Retain the information about the fragrance formula created (identifier in the Laboratory's database) for the possibility of reproducing it upon future request.
4.3.4. Receive a refund or reschedule the booking in the cases provided for by this Agreement.
4.4. The Client shall be obliged to:
4.4.1. Attend the booked session on time. In the event of inability to attend — notify the Service Provider at least 24 hours in advance.
4.4.2. Inform the consultant prior to the commencement of the session of any allergic reactions or individual sensitivities to aromatic substances.
4.4.3. Comply with the Laboratory's on-site rules, including restrictions on wearing personal fragrances within the premises.
4.4.4. Refrain from reproducing fragrance formulas, methodological materials, and any other intellectual property of the Laboratory without the Service Provider's prior written consent.
4.4.5. Use the Website exclusively for purposes and in a manner consistent with the laws of Ukraine.
5. SERVICE PROVIDER STATUS. MANUFACTURER DISCLAIMER
5.1. The Service Provider provides access-to-components services and informational and consultancy services. The Service Provider does not manufacture cosmetic or perfumery products on behalf of the Client and is not a manufacturer within the meaning of the Technical Regulation on Cosmetic Products (Resolution of the Cabinet of Ministers of Ukraine No. 65 of 20 January 2021) with respect to products independently created by the Client during a session.
5.2. The result of the service rendered is a perfumery composition independently created by the Client using components selected and proportioned by the Client alone. The Client is the sole author of their own fragrance.
5.3. The Service Provider shall not be liable for:
— the organoleptic, qualitative, or longevity characteristics of the fragrance resulting from the Client's independent choices;
— individual reactions of the Client to components, where the Client failed to disclose allergies or contraindications prior to the session;
— the extent to which the final product meets the Client's expectations, as the outcome is entirely determined by the Client's own decisions.
5.4. The perfumery components used in the Laboratory are sourced from certified suppliers (Givaudan, Firmenich/DSM, IFF, and others) and comply with IFRA international quality and safety standards. The Service Provider's liability for the quality and safety of the components is limited to the guarantees provided by the respective suppliers.
6. ORDERING AND PAYMENT PROCEDURE
6.1. Services may be ordered through the Website, The Elixir mobile application, messaging platforms, or directly at the Laboratory's physical locations (Gulliver Shopping Mall, Kyiv; Promprylad, Ivano-Frankivsk).
6.2. To book a session, the Client selects a format, date, and time, then submits a prepayment. The booking is confirmed upon receipt of payment.
6.3. Payment may be made through the payment systems integrated on the Website, or in cash or by bank card at the physical locations.
6.4. Cancellation and refund policy:
— Cancellation 48 hours or more before the session: full refund of the prepayment.
— Cancellation between 24 and 48 hours before the session: 50% refund of the prepayment, or free rescheduling.
— Cancellation less than 24 hours before the session or no-show without prior notice: the prepayment is non-refundable.
6.5. In the event of a session cancellation initiated by the Service Provider — full refund or rescheduling at a time convenient to the Client.
7. INTELLECTUAL PROPERTY
7.1. The session methodology, educational materials, AI service algorithms, Website content, and the trade mark "The Elixir" are objects of intellectual property rights belonging to the Service Provider.
7.2. The fragrance formula independently created by the Client during a session is stored in the Laboratory's database under a unique identifier. The Client retains the right to have their own fragrance reproduced through the Laboratory. Commercial reproduction of the formula without a written agreement with the Service Provider is prohibited.
7.3. The Client does not acquire any rights to the Laboratory's perfumery components, methodology, or educational materials.
8. PERSONAL DATA
8.1. The Client consents to the collection and processing of the following personal data: full name, email address, phone number, delivery address, and AI-generated aromatic preference profile results. The purposes of processing are: fulfilment of orders, booking management, improvement of the AI service, and marketing communications (subject to separate consent).
8.2. Data shall be transferred to third parties solely for the purpose of fulfilling an order (logistics partners, payment systems). Transfer for commercial purposes without the Client's consent shall not be carried out.
8.3. The rights of the personal data subject are defined by the Law of Ukraine No. 4452-VI of 23 February 2012 "On the Protection of Personal Data". Withdrawal of consent, requests for access or deletion of data may be addressed to the Service Provider via the contact details provided on the Website.
9. LIABILITY OF THE PARTIES
9.1. The Service Provider shall be liable for the quality of the services rendered in accordance with the terms of this Agreement and the applicable laws of Ukraine. The Service Provider's aggregate liability shall not exceed the value of the service ordered.
9.2. The Service Provider shall not be liable for: disruptions arising from force majeure events; the outcome of a fragrance determined entirely by the Client's own decisions; individual reactions of the Client to components which were not disclosed in advance.
9.3. The Client shall bear full responsibility for the accuracy of the information provided and for compliance with the terms of this Agreement.
10. DISPUTE RESOLUTION
10.1. Disputes shall be resolved through negotiation. A prerequisite to commencing legal proceedings is the submission of a written claim to the other party. A response shall be provided within 30 calendar days.
10.2. In the event that agreement cannot be reached, the dispute shall be referred to a competent court in accordance with the laws of Ukraine.
11. ADDITIONAL PROVISIONS
11.1. This Agreement enters into force upon the Customer's acceptance of the offer (placing an order, making a payment, or physically attending a session) and remains in force indefinitely.
11.2. The following documents form an integral part of this Agreement and are published on the Website:
— Privacy Policy;
— Booking Cancellation and Rescheduling Policy;
— Corporate Cooperation Terms;
— AI Service Terms of Use.
11.3. Any matters not regulated by this Agreement shall be governed by the applicable laws of Ukraine.
11.4. This Agreement has been prepared and is governed by the laws of Ukraine. In matters of personal data processing, the provisions of the General Data Protection Regulation (GDPR) shall apply to the extent that they are applicable.
The Elixir Perfume Laboratory
theelixir.ai