PUBLIC OFFER AGREEMENT
- General provisions.
- This User Agreement (hereinafter referred to as the Agreement) applies to the website of the TradeMinister Online Store located at trademinister.com.ua.
- Online store website trademinister.com.ua (hereinafter referred to as the Website or Online Store) is the property of FOP Tarasinsky Alexander Anatolyevich.
- This Agreement governs the relationship between the Administration of the website of the online store trademinister.com.ua (hereinafter referred to as the Site Administration) and the User of this Site.
- The site administration reserves the right to change, add or remove clauses of this Agreement at any time without notifying the User.
- Continued use of the Site by the User means acceptance of the Agreement and the changes made to this Agreement.
- The User is personally responsible for checking this Agreement for changes in it.
- Definitions of terms. The following terms have the following meanings for the purposes of this Agreement:
- TradeMinister – Online store located on a domain name trademinister.com.ua, carrying out its activities through the Internet resource and related services.
- Online store - a Website containing information about the Goods, the Seller, allowing you to select, order and (or) purchase the Goods.
- Product - a product, service, subscription, subscription service presented in the online store, which can be purchased on a paid or free basis.
- The administration of the site of the online store - authorized employees to manage the site, acting on behalf of the FOP Tarasinsky Alexander Anatolyevich, TIN 2725905838, physical address - Kiev, Dubrovitskaya st., 28, of. 402, tel. +380-97-716-76-35
- User of the website of the online store (hereinafter referred to as the “User”) is a person who has access to the Site via the Internet and uses the Site.
- The content of the website of the online store (hereinafter referred to as the “Content”) is the protected results of intellectual activity.
- Subject of the agreement.
- The subject of this Agreement is to provide the User with the opportunity to purchase for non-commercial needs the Goods presented in the catalog of the online store. This Agreement is concluded between the Buyer and the online store at the time of placing the order. The Buyer confirms his acceptance of the terms of the Agreement by checking the box "I agree with the rules of the store" when placing an order or when making a payment for the invoice.
- The online store provides the User with the following types of services:
- access to search and navigation tools of the online store;
- access to information about the Goods and to information about the purchase of the Goods on a paid basis;
- other types of services (services) sold on the pages of the online store.
- This Agreement covers all currently existing (actually functioning) services of the online store, as well as any subsequent modifications and additional services of the online store that appear in the future.
- This Agreement and information about the product is a public offer (in accordance with Article 633 of the Civil Code of Ukraine). By accessing the Site, the User is considered to have acceded to this Agreement.
- The use of materials and services of the Site is governed by the norms of the current legislation of Ukraine.
- Art. 10, 11 of the Law of Ukraine dated 03.09.2015 N 675-VIII "On Electronic Commerce", as well as the Law of Ukraine "On Protection of Consumer Rights" dated May 12, 1991 No. 1023-XII and other legal acts adopted in accordance with them.
- Purchase of goods.
- The product is presented on the Site through images corresponding to the services.
- Each image is accompanied by a description of the service and its price. The description of the service is not exhaustive and may contain errors or inaccuracies.
- When purchasing a service in the form of a software product, the Buyer is granted a non-exclusive right to use the software product.
- When purchasing a service in the form of annual support, the service start date is the date payment is received.
- At the request of the Buyer, the manager of the online store is obliged to provide (by phone or by e-mail) other information necessary and sufficient, from the point of view of the Buyer, for him to make a decision to purchase the service.
- The price of the goods indicated on the Site can be changed by the online store unilaterally.
- In the event of a change in the price of the service ordered by the Buyer, the manager of the online store informs the Buyer about this as soon as possible (by phone or by e-mail) in order to receive confirmation or cancel the order. If it is impossible to contact the Buyer, this order is considered canceled.
- The purchase of the Service offered on the Site may require the creation of a User account.
- The User is personally responsible for maintaining the confidentiality of the account information, including the password, as well as for all, without exception, activities that are carried out on behalf of the Account User.
- The user must immediately notify the site Administration of the unauthorized use of his account or password or any other violation of the security system.
- The order can be placed by the Buyer in the following ways: by e-mail shopify@trademinister.net or placed independently on the Site.
- After placing an order, a letter is sent to the Buyer's e-mail confirming the acceptance of the order, indicating the names of the selected goods and the total amount of the order, which is an integral part of this Agreement. Further, the manager of the online store contacts the Buyer (by phone or by e-mail) to receive an order confirmation.
- The Buyer has the right to refuse the ordered goods at any time before it is sent to the Buyer, notifying the Online Store in advance (by phone or by e-mail).
- Delivery of services.
- Methods and approximate delivery times are indicated on the Site in the “Delivery” section.
- The site has the right, at its discretion, to limit the territory of distribution of the “International Delivery” service.
- The Site reserves the right, in its sole discretion, to limit the Services that are available for International Shipping.
- The price of International delivery is agreed between the Site and the Buyer before the purchase is made by e-mail. After agreeing on the delivery price, the price is added to the order amount.
- Payment for orders with international delivery occurs through the site.
- Payment for goods.
- Methods of payment for goods are indicated on the Site in the section “Payment”
- Goods are paid only in hryvnia.
- In case of an incorrect indication of the price of the Service ordered by the Buyer, the Seller informs the Buyer about this in order to confirm the Order at the corrected price or cancel the Order.
- If it is impossible to contact the Buyer, this Order is considered canceled. If the Order has been paid, the Seller returns to the Buyer the amount paid for the Order in the same way it was paid.
- The price of the Goods on the Site can be changed by the Seller unilaterally. In this case, the price of the Goods ordered by the Buyer is not subject to change.
- The fact of acceptance of the goods by the Buyer is payment for the goods (payment of the total amount of the order and the amount of expenses for the delivery of the goods to the Buyer).
- Return of goods and money.
- The conditions for returning the Goods are indicated on the website in the "Return" section.
- The buyer has the right to refuse the service within 30 (thirty) days from the date of its receipt. During this period, the Buyer is obliged to notify the store manager by writing an email to shopify@trademinister.net about the desire to refuse the service.
- If the Buyer refuses the goods, the online store returns to him the amount of money paid for the service no later than ten days from the date the Buyer submits the relevant request.
- Refunds are made in the same way that the goods were paid for.
- This agreement is considered concluded from the moment the seller issues the buyer a cash or sales receipt, or another document confirming payment for the goods, or from the moment the seller receives a message of intent to purchase the goods.
- Rights and obligations of the parties.
- The site administration has the right to:
- Change the rules for using the Site, as well as change the content of this Site. The changes come into force from the moment the new version of the Agreement is published on the Site.
- Restrict access to the Site in case of violation by the User of the terms of this Agreement.
- Expand or reduce the product offer on the Site, regulate access to the purchase of any goods, and suspend or stop the sale of any goods at its sole discretion.
- The site has the right to hold special promotions.
- In accordance with the Law "On the Protection of Personal Data", by placing an order, you consent to the online store to process your personal data for the purpose of sending information and promoting goods on the market, without a time limit. This consent may be withdrawn by you by sending a written notice. In this case, your personal data will be destroyed and their processing will be terminated within 7 business days from the date we receive the notification.
- The personal data of the User/Buyer is processed in accordance with the Law "On the Protection of Personal Data" No. 2297-VI dated 01.06.20.
- The Seller undertakes to maintain confidentiality with respect to the Buyer's personal data, as well as other information about the Buyer that became known to the Seller in connection with the execution of this Agreement, except when such information: is publicly available; disclosed at the request or with the permission of the Buyer; requires disclosure on the grounds provided for by law, or upon receipt of relevant requests from the court or authorized state bodies; disclosed on other grounds provided by the agreement of the Parties.
- The Seller has the right to unilaterally amend the Agreement by publishing the changes on the Website at trademinister.com.ua unless otherwise provided by the new version of the Agreement.
- The Agreement is a legally binding agreement between the Buyer and the Seller and contains the rules for making purchases in the TradeMinister Online Store.
- The Site User undertakes:
- Provide, at the request of the Site Administration, additional information that is directly related to the services provided by this Site.
- Do not take actions that may be considered as disrupting the normal operation of the Site.
- The user is prohibited from:
- Use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or monitor the content of the Website of this Online Store;
- Disrupt the proper functioning of the Site;
- Unauthorized access to the functions of the Site, as well as to any services offered on the Site;
- Violate the security or authentication system on the Site.
- Use the Site and its Content for any purpose prohibited by the laws of Ukraine, as well as incite any illegal activity or other activity that violates the rights of the online store or other persons.
- Using the site of the online store.
- The Site and the Content included in the Site are owned and operated by the Site Administration.
- The content of the Site is protected by copyright, trademark law, as well as other rights related to intellectual property and unfair competition law.
- This Agreement applies to all additional terms and conditions for the purchase of the Goods and the provision of services provided on the Site.
- Information posted on the Site should not be construed as a change to this Agreement.
- The site administration has the right at any time without notifying the User to make changes to the list of Goods and services offered on the Site, and (or) to the prices applicable to such Goods for their sale and (or) services provided by the online store.
- Responsibility.
- Any losses that the User may incur in the event of intentional or reckless violation of any provision of this Agreement, as well as due to unauthorized access to communications of another User, are not reimbursed by the Site Administration.
- The site administration is not responsible for:
- Delays or failures in the process of making a transaction due to force majeure, as well as any case of malfunctions in telecommunications, computer, electrical and other related systems.
- Actions of transfer systems, banks, payment systems and for delays associated with their work.
- Shopify's actions that led to changes in how purchased Products work
- Proper functioning of the Site, if the User does not have the necessary technical means for its use, and also does not bear any obligations to provide users with such means.
- For damage caused to the Buyer due to improper use of the Goods purchased in the online store.
- Violation of the terms of the public offer agreement.
- The Site Administration has the right to disclose any information collected about the User of this Site if disclosure is necessary in connection with an investigation or complaint regarding the misuse of the Site or to identify (identify) a User who may violate or interfere with the rights of the Site Administration or the rights of other Site Users.
- The site administration has the right to disclose any information about the User that it deems necessary to comply with the provisions of the current legislation or court decisions, ensure compliance with the terms of this Agreement, protect the rights or safety of FOP Tarasinsky Alexander Anatolyevich and Users.
- The site administration has the right to disclose information about the User if the current legislation of Ukraine requires or permits such disclosure.
- The Site Administration has the right, without prior notice to the User, to terminate and (or) block access to the Site if the User has violated this Agreement or the terms of use of the Site contained in other documents, as well as in the event of termination of the Site or due to a technical malfunction or problem.
- The Site Administration is not liable to the User or third parties for termination of access to the Site in case of violation by the User of any provision of this Agreement or other document containing the terms of use of the Site.
- Dispute resolution.
- In the event of any disagreements or disputes between the Parties to this Agreement, a prerequisite before going to court is the presentation of a claim (a written proposal for a voluntary settlement of the dispute).
- The recipient of the claim, within 30 calendar days from the date of its receipt, notifies the claimant in writing of the results of the consideration of the claim.
- If it is impossible to resolve the dispute on a voluntary basis, any of the Parties has the right to apply to the court for the protection of their rights, which are granted to them by the current legislation of Ukraine.
- Additional terms.
- The site administration does not accept counter offers from the User regarding changes to this User Agreement.