User Agreement – Public Offer Agreement - arthousevk.com
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User Agreement – Public Offer Agreement

This User Agreement – the Public Offer Agreement (hereinafter referred to as the “Agreement”) is an open offer (Offer) and governs the relationship between Veronika Kyrychenko (hereinafter referred to as the Site Administration or the Seller) acting on Passport, on the one hand, and the User (hereinafter also referred to as the Buyer, User, Customer), on the other hand, collectively referred to as the Parties.

THE TERMS

Site Administration – the site owner or persons authorized by the site owner to manage the site and other actions related to its use (hereinafter referred to as the Seller).

Personal data – statements or a set of statements about an individual who is identified or can be specifically identified;

Personal data processing – any action or set of actions, such as collection, registration, accumulation, storage, adaptation, modification, updating, use and distribution (distribution, sale), depersonalization, destruction of personal data, including using information (automated) systems;

User – a person who has access to the Site via the Internet and uses the Site (hereinafter referred to as the Site).

Buyer – a person who registered on the Site, and / or made an order (sending to the basket or through the Site Administration), and / or purchased goods on the Site.

Customer – Buyer or User, depending on the stage of using the Site and purchasing goods.

Site – https://arthousevk.com/ (hereinafter referred to as the Site).

1.GENERAL PROVISIONS

 1.1. This Agreement (hereinafter referred to as the Agreement) is a public offer.

1.2. The Parties to the Agreement are the Seller, on the one hand, and the Customer, on the other hand, hereinafter referred to separately as the Party, and together – the Parties.

1.3. In accordance with the Civil Code of Ukraine, in case of acceptance of the conditions set out in the Offer and payment for services, an individual or legal entity (including an individual entrepreneur) accepting this Offer becomes the Customer (acceptance of the Offer is equivalent to concluding an Agreement on the conditions set forth in the Offer ).

1.4. The use of the Site and the ability to order, purchase goods in accordance with this Agreement are provided by the Seller for individuals, individual entrepreneurs and legal entities.

2. SUBJECT OF THE CONTRACT. RIGHTS OF THE PARTIES

 2.1. According to this Agreement, the Seller provides the Customer with the opportunity to view, order, purchase the goods indicated on the Site and available, and the Customer, in turn, undertakes to pay under the conditions provided for in this Agreement, as well as on the Site for such goods (if such an opportunity exists on the Site ).

2.2. This Agreement is considered to be accepted and concluded between the Parties from the moment of visiting the Site, and for some provisions of the Agreement, from the moment of payment for the goods purchased under the terms of this Agreement.

2.3. The customer agrees to the terms of this Agreement and the Privacy Policy and Cookie Policy provided on the Site, and also undertakes to comply with them.

2.4. The Site Administration has the right to unilaterally change the provisions of this Agreement, setting them out in a new version on the Site.

2.5. RIGHTS AND OBLIGATIONS OF THE USER

2.5.1. The user has the right to use the Site in the manner and on the conditions provided for in this Agreement.

2.5.2. The user is obliged to fully familiarize themselves with this Agreement prior to its acceptance. In case of disagreement with the terms of the Agreement, the use of the Site by the User has to be terminated immediately.is por

2.5.3. The user agrees not to take actions that may be considered as violating the law of Ukraine or international law, including in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Site.

2.5.4. When using the Site, the User is obliged to provide true, accurate and complete information that he owns, as well as to keep this information up to date.

In case of providing false information, the Administration has the right to suspend or terminate the use of the Site by the User.

2.5.5. The user undertakes not to use, independently or with the involvement of third parties, the capabilities of the Site for purposes that may be qualified as a violation of the rights of third parties to intellectual property, unfair competition, or other violation of the current legislation of Ukraine.

2.5.6. The user does not have the right to take actions that affect the normal operation of the Site, and are its unfair use.

2.5.7. Users undertake to comply with the provisions of this Agreement, the legislation of Ukraine, including the Law of Ukraine “On Protection of Consumers Rights”.

2.5.8. The user undertakes not to use the Site for any other purpose other than for purposes related to personal non-commercial use.

2.5.9. The user does not have the right to disclose confidential information of the Administration or third parties obtained upon the conclusion, execution or termination of this Agreement.

2.6. RIGHTS AND OBLIGATIONS OF THE SITE ADMINISTRATION

2.6.1. The Administration has the right to transfer the rights and obligations under this Agreement to third parties in order to execute this Agreement, without the additional consent of the User.

2.6.2. The Administration undertakes to sell goods in accordance with this Agreement, to facilitate the use of the Site by Users, to take measures to troubleshoot problems on the Site.

2.6.3. For the purposes of the above, the Administration reserves the right to delete the information posted on the Site and take technical and legal measures to terminate access to the Site by Users who, according to the Administration’s conclusion, create problems in using the Site by other Users, or Users who violate the requirements of the Agreement.

2.6.4. The administration reserves the right to terminate this Agreement at any time for organizational or technical reasons unilaterally, blocking the possibility of using the Site.

2.6.5. The Administration processes the User’s personal data for the purpose of executing this Agreement between the Parties in accordance with the Law of Ukraine “On Personal Data Protection”. By agreeing to the terms of this Agreement, the User agrees to the use of his personal data by the Administration.

2.6.6. The administration has the right, at its discretion, to change, edit, and delete any content of the Site.

2.6.7. In order to improve and increase the stability of the Site, the Administration has the right to collect, store and process statistical information about the User’s use of the Site, which includes:

  • data about the model of the User’s mobile device (device identifier);
  • statistical information about the use of the Site.

2.6.8. The administration has the right to unilaterally change the terms of this Agreement, notifying the User about it by publishing a new version on the Site.

3. COST OF GOODS AND TERMS OF PAYMENT

 3.1. The cost of the goods provided under this Agreement is stated on the Site. The Seller has the right to unilaterally change the price for any item of the Goods.

3.2. The Customer pays for the Goods on a 100% prepayment basis, if payment can be made through the Site. If available, payment is made through Stripe. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the Seller receives the funds.

3.3. The goods under this Agreement are deemed to have been received by the Customer properly, in full at the time of their payment by the Customer in accordance with this section of the Agreement.

4. PLACEMENT OF ORDER

4.1. The order of the Goods is carried out by the Buyer through the Operator by the phones indicated on the Site or through the Site (if possible).

4.2. When registering on the Site, the Buyer undertakes to provide the following registration information: full name, email address, telephone number. When placing an order for goods and purchases, other data may be requested, such as delivery address, bank details, and other data.

4.3. The name, quantity, price of the Goods selected by the Buyer are indicated in the Buyer’s basket on the Site.

4.4. If the Seller needs additional information, he has the right to request it from the Buyer. If the Buyer does not provide the necessary information, the Seller is not responsible for providing quality services to the Buyer when purchasing goods.

4.5. The Buyer is responsible for the accuracy of the information provided when placing an Order.

4.6. A remote sale and purchase agreement between the Seller and the Buyer is considered concluded from the moment the order is electronically placed on the Site service or the Seller issues a cash or sales receipt to the Buyer or other document confirming payment for the Goods (including receipt of a notification by e-mail, by the Buyer’s phone number on the delivery of goods, the possibility of receiving it, the fact of payment, etc.).

5. DURATION AND CHANGE OF TERMS OF THE OFFER

5.1. The Offer comes into force from the moment it is posted on the Site and is valid until the Offer is withdrawn by the Seller.

5.2. The Seller reserves the right to amend the terms of the Offer (including the price) and / or withdraw the Offer at any time at its sole discretion. In the event that the Seller makes changes to the Offer, such changes come into force from the moment the amended text of the Offer is posted on the Site, unless another date for the entry into force of the changes is additionally determined with such placement.

6. RETURN OF GOODS

6.1. Returns of the Goods are not available. The buyer has the right to refuse to purchase the goods if the delivery has not yet begun.

7. DURATION AND AMENDMENT OF THE AGREEMENT

 7.1. The acceptance of the Offer by the Customer, made in accordance with clause 2.2 of the Offer, creates an Agreement on the terms of the Offer.

7.2. The Agreement enters into force from the moment of acceptance of the Offer by the Customer and is valid until the moment of termination of the Agreement or termination of the use of the Site by the Customer (if no purchases have been made).

8. TERMINATION OF THE CONTRACT

8.1. The Agreement can be terminated by agreement of the Parties at any time.

8.2. The seller has the right to terminate the contract unilaterally.

9. LIABILITY AND LIMITATION OF LIABILITY

9.1. The Parties bear responsibility established by the Agreement and/or the current legislation of Ukraine for violation of the terms of the Agreement.

9.2. The customer is fully responsible for

a) compliance with all legal requirements, including legislation on advertising, intellectual property, competition, but not limited to the above, in relation to the content and form of materials posted on the site,

b) the accuracy of the information specified by the Customer.

9.3.The Seller is not responsible for damage caused to the Buyer as a result of improper use of the Products previously ordered on the Site and purchased from the Seller.

9.4. The Seller is not responsible for improper, untimely execution of Orders and his obligations in the event that the Buyer provides inaccurate or false information.

9.5. The user is solely responsible in the event of a ban on the use of the Site, making payments and others, in accordance with the current legislation of Ukraine.

10. INTELLECTUAL PROPERTY

 10.1. This Agreement does not transfer to the User any rights to any intellectual property of the Administration (including, but not limited to, signs for goods and services present on the Site) or third parties, if the transfer of these rights is not explicitly indicated, and all rights to property and profit in relation to such property remain solely with the Administration.

10.2. The use of the Site does not grant the User any rights or licenses for any use of any marks for goods and services.

10.3. The user is prohibited from any commercial use of any information in any form posted on the Site. In case of non-commercial use by the User of the information posted on the Site, the User is obliged to indicate the authorship and hyperlinks to the Site or another owner of intellectual information rights (if such information does not belong to the Administration) in each individual case of using the information.

10.4. After the purchase on the website, the buyer receives the right to use the goods for its own purposes. The buyer is prohibited (but this list is not limited) to place goods (image, photo of goods, etc.) on posters, souvenirs, business cards, placement on the Internet, in order to obtain profits and achieve other purposes, sales of clothing manufacturers, other goods and products, buyer It is obliged to request permission to the above-mentioned seller with the subsequent conclusion of a license or other agreement.

10.5. The owner of all rights to intellectual property objects, content information posted on the site, as well as on the goods that are posted on the site, and / or the purchase of which is possible through the site or offered on the site, is Veronika Kyrychenko.

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