Limited Liability Company "ARTIDEA GALLERY"
Ukraine, Poltava region, 36000, Poltava, Pylyp Orlyk str. 23/2, bldg. 12,
EDRPOU code 45475932, tel: +38 (099) 356-93-71, e-mail: gallery.artidea@gmail.com
PUBLIC CONTRACT (OFFER)
PURCHASE AND SALE OF OBJECT(S)
According to this Public Agreement (Offer) - from now on referred to as the Agreement, the ARTIDEA GALLERY LIMITED LIABILITY COMPANY, EDRPOU code 45475932, from now on referred to as the Seller, offers to conclude a contract for the sale of the Object(s), by the requirements of Articles 643 and 641 of the Civil Procedure Code of Ukraine, with any legal entity and individual, from now on referred to as the Buyer, which has full tort capacity and accedes to the terms of this Agreement by entering into an accession agreement in the manner specified in this Agreement.
Unconditional acceptance of all the terms of this Agreement without any exceptions and/or limitations shall be deemed to be the acceptance of this Agreement between the Seller and the Buyer, and the Agreement itself shall be automatically deemed concluded by Art. 642 of the Civil Code of Ukraine until the parties conclude a bilateral written agreement on the terms set forth below in this Agreement (Offer). The current version of the Agreement is available on the Seller's website at https://www.artideagallery.com (hereinafter referred to as the Website). If you do not agree with all the provisions of the Public Offer, you are strictly prohibited from submitting a purchase offer and must immediately stop using the Site.
INFORMATION ABOUT
ARTIDEA GALLERY LIMITED LIABILITY COMPANY
The company's legal form is a limited liability company.
Full name in Ukrainian: Limited Liability Company "ARTIDEA GALLERY"
The abbreviated name of the Company in Ukrainian is "ARTIDEA GALLERY" LLC.
The full name in English is LIMITED LIABILITY COMPANY "ARTIDEA GALLERY".
The short name in English is LLC "ARTIDEA GALLERY".
The USREOU code is 45475932.
Legal and actual address: 23/2, Pylyp Orlyka St., apartment 12, Poltava, 36000.
Contact phone number: +38 (099) 356-93-71.
Contact e-mail - gallery.artidea@gmail.com
The trademark for ARTIDEAGALLERYТМ has been submitted for registration and is protected by the current legislation of Ukraine.
1. DEFINITION OF TERMS
1.1. In this Agreement, the following terms, concepts, and definitions shall have the following meanings and be used:
1.1.1. The Public Agreement (Offer) is the Seller's offer addressed to any individual and/or legal entity, by Art. 633 of the Civil Code of Ukraine, to conclude a Public Agreement with him/her for the purchase of the Object(s) contained in the Seller's Gallery section and available (not sold/alienated/transferred to other persons), on the terms and conditions outlined in this Agreement.
1.1.2. Acceptance is the provision by the Buyer of full and unconditional consent to the conclusion of this Agreement in full, without signing a written copy, in electronic form (form).
1.1.3. The Seller, a legal entity, ARTIDEA GALLERY LIMITED LIABILITY COMPANY, EDRPOU code 45475932, represented by Director Oksana Vitalievna Boyko, acting based on the Charter and accepting payment for the sale of the Object(s), shall perform this Agreement.
1.1.4. The Buyer is any natural or legal person who has accepted the Public Agreement. The Buyer has the right to authorize its authorized representatives to purchase the Object(s).
1.1.5. Personal data means information or a set of information about an individual or legal entity that is identified or can be specifically identified.
1.1.6. Consent of a personal data subject is a voluntary expression of the will of an individual or a representative of a legal entity that authorizes the processing of its own and/or personal data of a legal entity for processing.
1.1.7. Processing of personal data means any action or set of actions, such as collection, registration, accumulation, storage, adaptation, modification, updating, use and dissemination (distribution, sale, transfer), depersonalization, destruction of personal data, including with the use of information (automated) systems.
1.1.8. Place of sale - the sale is carried out at: https://www.artideagallery.com
1.1.9. Object(s) means a product made of wood, cork, straw, and plant materials for weaving; a product made of concrete, gypsum, cement, stone; a paper or cardboard sign; a greeting card; an engraving; a graphic image; a graphic reproduction; printed matter; picture [drawing], framed or unframed; lithographic work of art; drawing; etching; poster; paper cloth with inscriptions or images; canvas for paintings; portrait; printed graphic work, souvenir.
1.1.10. The official website of the Seller is https://www.artideagallery.com
1.1.10. Seller's catalogs - a list of the Objects of Sale with a detailed description, date of creation, characteristics, and price, which is posted on the official website of the Seller in the Gallery section at https://www.artideagallery.com.
1.1.11. Exhibition - a demonstration in a certain place (organized and equipped for this purpose premises/public place), to visitors of the Objects from the list specified in the Seller's Catalog, information about which is posted on the official website of the Seller: https://www.artideagallery.com
1.1.12. The trademark for goods and services is the trademark "ART IDEA GALLERY".
1.1.13. Shopping Cart - a service of the Seller's official website that allows the Buyer to view the selected Object and make a decision on its purchase, as well as proceed to the Order.
2. GENERAL PROVISIONS
2.1 This Offer is a Public Agreement, which comes into force by accepting the terms of the Agreement without signing it by the Parties. The Agreement is legally binding and is equivalent to an agreement signed by the Parties.
2.2 All terms of this Agreement are binding. Before visiting the Site and selecting the Object(s), the Buyer shall be obliged to read the terms of this Agreement. If the Buyer does not agree with this Agreement in whole or in part (or with any particular provision) or with the rules of sale, he/she shall not be entitled to purchase the Object(s).
2.4. The Seller shall have the right to amend or supplement the Agreement at any time without prior or subsequent notice, which shall be made public 10 days before they enter into force and shall be made publicly available by publication on the Website. The Buyer shall be obliged to familiarize himself with the current version of the Agreement. Continuation of the purchase of the Object(s) by the Buyer after making changes and/or additions to the Agreement means acceptance and consent of the Buyer to such changes and/or additions.
2.5. The continuation of the purchase of the Object(s) by the Buyer after the entry into force of amendments and/or additions to the text of the Offer (Public Agreement) means the Buyer's acceptance of the updated Agreement. In case the Buyer disagrees with the amendments and/or additions made by the Seller to the text of the Offer (Public Agreement), or disagreement with the new prices and conditions, the Buyer shall terminate the procedure for the purchase of the Object(s).
2.6 Each Party warrants to the other Party that it has the necessary capacity and legal capacity, as well as all rights and powers necessary and sufficient to enter into and perform the Agreement by its terms. The Buyer also confirms that there are no circumstances that could lead to the recognition of such an agreement as null and void.
2.7. By joining this Offer (Public Agreement), the Buyer agrees to the Seller's use and processing of his data within the framework of the Law of Ukraine "On Personal Data Protection".
3. SUBJECT OF THE CONTRACT
3.1 By the procedure and on the terms and conditions set forth herein, the Seller shall transfer the Object(s) selected by the latter to the Buyer, and the Buyer shall accept and pay for the Object(s) by the procedure and on the terms and conditions set forth herein.
3.2. The Buyer is obliged to familiarize himself with the terms of this Agreement and the Seller is not obliged to additionally or in any other way inform the Buyer about the existence of the Agreement except for its publication on the Site.
3.3 The Buyer selects the Object(s) from among those offered and available from the Seller, which are reflected in the Seller's Catalog. The Buyer has the right to order the Object(s) in an individual order.
3.4. The Seller reserves the right to unilaterally amend this Agreement without any special notice to third parties. The new version of the Agreement shall enter into force from the moment it is posted on the Website unless otherwise provided by the new version of the Agreement.
3.5. The place of sale is the official website of the Seller and/or: Ukraine, Poltava region, 36000, c. Poltava, 23/2 Pylypa Orlyka St., apartment 12 and/or at the designated exhibition venues (points for demonstration and sale of the Object(s)).
3.6. The date of the conclusion of this Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the date of filling out the order form by the Buyer located on the Site, provided that the Buyer receives an order confirmation from the Seller in electronic form.
3.7. The time of purchase and sale of the Object(s) is the second time zone (UTC+2) - Kyiv time.
3.8. The essential terms of the agreement, namely: the name and cost of the Object(s), delivery time, and cost shall be agreed upon by the Parties individually in the order and shall be indicated in the settlement document (invoice), which shall be an integral part of the agreement and/or delivery order
4. PACKING AND DELIVERY
4.1 The quality of the Object(s) complies with the standards and technical requirements usually applicable to such goods and, if necessary, is confirmed by the relevant documents.
4.2. Packaging of the Object(s) shall be carried out by the Seller upon prior agreement with the Buyer regarding such packaging.
4.3. Delivery of the Object(s) shall be carried out at the Buyer's option through postal operators: JSC "Ukrposhta", DHL Express, UPS Express, FedEx, or self-pickup by the Buyer. In the case of sending the Object(s) through the postal operator JSC Ukrposhta, the cost of delivery is included in the cost of the Object(s).
4.3. The cost of packaging the Object(s) shall be included in the cost of the Object(s).
4.4. The Object(s) must be packed by the Seller in such a way as to prevent damage and (or) destruction before acceptance of the goods by the Buyer and to ensure the preservation of the consumer properties of the Object(s) during transportation and storage.
4.5. All packaging and transportation shall be carried out at the risk of the Buyer. The Seller is not responsible for the actions or omissions of third-party packers and shippers about the Object(s).
4.6. Intellectual property rights to the packaging design (label) belong to the Seller and are protected by law.
4.7. The exchange of the Object(s) is allowed in case the Seller detects defects in the packaging of such Object(s) and their damage, which are detected by the Buyer upon receipt of the Object(s).
4.8. The exchange shall not be carried out if the Buyer has independently removed the Object(s) on his/her own or by involving third parties who have violated the integrity of the packaging and/or the Object(s). In this case, the Object(s) shall be deemed to have been received properly, without defects, and all claims of the Buyer to the Seller shall be deemed unfounded.
4.9. The return/exchange of the Object(s) shall be carried out at the expense of the Buyer.
4.10. The Buyer shall notify the Buyer by sending a message (SMS, email, messenger, etc.) or by phone call about the successful ordering by the Buyer, the number of the consignment note, etc.
4.11. The fact of confirmation of the transfer of the Object(s) shall be deemed to be the receipt by the Buyer and signing of the invoice/bill of lading or other document confirming the transfer of the Object(s).
4.12. Delivery time, cost, and other terms of delivery depend on the chosen postal service and the weight/volume of the parcel. In case of delivery through the selected transport company, the order will be stored at the post office until it is received by the Buyer. All additional costs for storing the Order at the post office shall be paid by the Buyer. Any forwarding or other possible services shall be paid by the Buyer.
4.13. Upon delivery of the ordered Object(s) to the Buyer, both parties shall verify that the name and quantity of the Object(s) correspond to those specified in the Buyer's order.
5. PROCEDURE FOR PLACING AND CANCELING AN ORDER
5.1. The Buyer shall place an order for the Object(s) independently through the Seller's Official Website in the Seller's Catalog in the "Contact Us for Purchase" tab.
5.2. The term of order formation is up to 5 business days from the date of application. If the order is placed on a weekend or a holiday, the order processing time starts from the first business day after the weekend. There may also be delays in the formation of the order during the period of heavy workload of the Seller.
5.3. When placing an order, the Buyer selects the Object(s) according to the description in the Seller's Catalog, leaves information about himself (full name or name, e-mail address, contact phone number, delivery address), provides a link to the Object from the Site, provides additional offers, chooses the method of delivery and payment for the Object(s).
5.4. After registration, the Seller sends a message to the e-mail specified by clause 5.3. of this agreement to confirm the order.
5.5. The Buyer has the right to cancel the order at any time before payment, however, he is obliged to notify the Seller of the order cancellation as soon as possible by phone or e-mail, which is posted on the Seller's website.
5.6. Before the transfer of the Object(s), the Buyer shall have the right to withdraw from the Agreement subject to reimbursement to the Seller of the costs associated with the performance of the Agreement, in particular, the cost of delivery of the Object(s) to the address specified by the Buyer in the order shall be reimbursed.
5.7. The image of the Object(s) presented on the Site may slightly differ from the actual appearance of the Object(s). The descriptions and/or characteristics accompanying the Object(s) are provided for reference only. The Seller does not guarantee the accuracy and completeness of the materials about the Object(s) presented for sale. The main characteristics of the Object(s) are specified by the Seller. The Buyer may obtain complete information about the Object(s) by contacting the Seller in any available way. The Seller may at any time without prior notice make changes to the descriptions, characteristics, or images of the Object(s). To clarify the information about the Object(s), the Buyer may contact the Seller in any available way.
6. PAYMENT PROCEDURE AND COST
6.1. The cost of the Object(s) shall be determined by the price specified in the Seller's Catalog and summed up if there are several Objects.
6.2. The Seller's catalog with the price for each Object(s) shall be publicly available for review on the official website of the Seller and at the places of the Exhibitions of the Seller's Object(s).
6.3. The cost of the Object(s) on the Seller's official website may be determined in foreign currency.
6.4. The Buyer may pay for the purchase of the Object(s) using the following payment methods:
6.4.1. by the details of the current account specified in clause 16.
6.4.2. using the Portmone service.
6.4.3. via Google Pay/Apple Pay.
6.5. Payment for the Object(s) shall be made in the national currency of Ukraine - hryvnia or in an amount equivalent to the value of the Object(s), by the exchange rate of the National Bank of Ukraine set for the relevant currency on the day of payment specified on the website https://minfin.com.ua/ua/company/privatbank/currency/ (section "Exchange rate in Privatbank"; column "Sale").
6.6. Payment shall be made based on this Agreement and the invoice issued by the Seller for the cost of the selected Object(s) by the Buyer from the Seller's Catalog.
6.7. Payment shall be made by the Buyer by bank transfer of the cost of the Object(s) in the amount of 100% (one hundred percent) to the current account specified in the Seller's invoice.
6.8. The Object(s) cost does not include bank/payment system fees charged when making payment unless otherwise provided by the relevant payment system, remote service system, or the Buyer's bank.
6.9. When making the payment, the Buyer shall indicate the number of the invoice issued by the Seller for the payment of the cost of the Object(s).
6.10. When transferring funds to the intended payment, a reference to the invoice number is mandatory. The Buyer shall change the purpose of payment only by letter to the Seller, but in any case not later than 10 calendar days from the date of receipt of the relevant funds to the Seller's account.
6.11. In the event of any unusual circumstances or situations regarding the procedure for settlements under this Agreement, such shall be resolved individually with the Seller through negotiations via the contacts indicated on the Site.
6.12. In case of termination of this Agreement by the Buyer, the funds paid for the Object(s) shall be refunded after the Buyer sends a written request for a refund to the Seller's e-mail address, within 14 (fourteen) calendar days from the date of receipt of the Object, provided that the Buyer simultaneously presents a payment document, a registered telephone number and a passport (other identity document).
6.13. The application must specify: reasons for the refund, surname, name, patronymic of the individual, registration number of the taxpayer's account card (RNOKPP, identification code) or series and passport number (for individuals who, due to their religious beliefs, have refused to accept the registration number of the taxpayer's account card in accordance with the established procedure and have a mark in the passport), place of residence of the individual and the recipient's contact phone number, details of the recipient's account, the amount of funds to be refunded, the amount of money to be paid for the Object (s), the amount of the service (s), the amount of the goods (s), the amount of the In case of payment for the Object(s) not from the personal bank card of the person who ordered the service and/or goods, the application for a refund shall be filled in by the holder of the bank card from which the payment for the service and/or goods was made, indicating all his/her identification data and bank details.
6.14. In the absence of such an application within the established term in clause 6.11. from the Buyer, the funds for the unreceived Object(s) shall not be refunded and the Buyer shall be deemed to have no claims against the Seller.
6.15. By making the payment, the Buyer unconditionally confirms that he/she:
6.15.1. speaks the language at a level sufficient to read and understand the content and meaning of the terms of the Agreement;
6.15.2. is aware of the meaning and sense of the Agreement, agrees with its content, accepts its terms and conditions without any reservations or exceptions, and undertakes to comply with its requirements.
6.16. Withdrawal of funds under this Agreement is not provided.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The rights of the Buyer:
7.1.1. Receive the Object(s) of proper quality.
7.1.2. Receive accurate and complete information about the Object(s) with a detailed description, date of creation, characteristics, and price.
7.2. Buyer's obligations:
7.2.1. Appear at the agreed place and time for the purchase and sale procedure of the Object(s).
7.2.2. Accept the Object(s) on the terms of this Agreement and timely pay the cost of the Object(s) in the amount and the manner specified in this Agreement.
7.2.3. In case of violation or inability of the Buyer to comply with the plan for the purchase and sale of the Object(s), if any, agreed with the Seller, notify the Seller thereof.
7.2.4. The Buyer shall treat the Seller with kindness and respect, not behave noisily, and not allow himself rudeness, tactlessness, and any manifestations of aggression.
7.2.5. During the purchase of the Object(s) and its receipt, do not be in a state of alcoholic, narcotic, and/or toxic intoxication, under the influence of medications. The Seller shall have the right to refuse to inspect the Object(s) and/or purchase them in a state of alcoholic or narcotic intoxication.
7.2.6. without the written consent of the Seller, transfer access to the information received on the Object(s) to third parties, publish, publicly reproduce in any way and any form, repeat, copy, and use for commercial purposes.
7.3. The rights of the Seller:
7.3.1. Initiate measures to terminate the sale of the Object(s) in case of non-payment by the Buyer of the value of the Object(s).
7.3.2. To change the procedure for the purchase and sale of the Object(s) and their cost by publishing the changes on the Seller's official website 10 calendar days before their implementation.
7.3.3. To conduct photo and/or video recording of the process of purchase and sale of the Object(s) and further use the impersonal results of such recording for advertising, marketing, educational, and other purposes that do not contradict the legislation of Ukraine.
7.3.4. In case of detection of acceptance of this Agreement by a person who does not have full civil capacity, to refuse the Buyer to sell the Object(s) until the relevant written consent is received from the legal representative of such person.
7.3.6. To refuse to sell the Object(s) in case of violation of the terms of this Agreement by the Buyer.
7.4. Seller's obligations:
7.4.1. Transfer to the Buyer the Object(s) of proper quality in the manner and on the terms and conditions specified herein.
7.4.2. To comply with the terms and conditions of this Agreement.
7.4.3. Maintain and store documentation and reports according to the requirements of the legislation of Ukraine.
7.4.4. To record the proper packaging of the Object by taking photos for the Buyer and sending them before sending them through third parties.
8. TRANSFER OF OWNERSHIP
8.1 The ownership of the Object(s), including property copyrights, shall be transferred to the Buyer from the moment of receipt of funds in the amount of 100% (one hundred percent) of the cost of the Object(s) to the Seller's current account.
8.2. The transfer of ownership of the Object(s) occurs in the event of delivery of the Object(s) at the time of signing by the Buyer of the document confirming the transfer and acceptance of such Goods (invoice/expenditure invoice/invoice).
9. TERMS OF EXCHANGE AND RETURN, GUARANTEES FOR THE PARTIES
9.1. The Buyer shall have the right to return and/or exchange the Object(s) within 14 (fourteen) calendar days from the date of receipt thereof if the Object(s) does not correspond in shape, dimensions, size as specified in the description of the Object in the Seller's Catalog. The Object(s) made to an individual order are not subject to exchange and return.
9.2. High-quality Object(s), the list of which is provided for in the Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994, on the Implementation of Certain Provisions of the Law of Ukraine "On Consumer Protection", shall not be subject to return and/or exchange.
9.3. The Seller is not responsible for a slight discrepancy in the color scheme of the Object(s), which may differ from the original Object(s) solely due to the difference in color reproduction of personal computer monitors of certain models
9.4. The Parties understand and acknowledge that the non-compliance of the Object(s) expected and desired by the Buyer under this Agreement shall not in itself constitute the fact of transfer of the Object(s) of inadequate quality.
9.5. The return and exchange of the Object(s) of good quality is carried out if:
9.5.1. the completeness of the Facility(s) is preserved;
9.5.2. the integrity of the package is preserved;
9.5.3. the Seller's markings and labels are preserved;
9.5.4. the goods are new and have not been in use: there are no traces of use, scratches, chips, abrasions, etc.
9.6. The Seller shall refund the paid Funds for the Object(s) provided that the Buyer provides the undamaged Object(s), which have not been used, have undamaged packaging and labels, and the Application for Return of Goods filled out and signed by the Buyer. The Buyer must first contact the telephone number posted on the Seller's website for advice on how to arrange the return of the Object(s) and funds.
9.7. The Seller shall return the funds for the Object(s) to the Buyer within 5 working days from the date of receipt of the Object(s) by the Seller to the Buyer's bank account from which the payment was made or to another account specified by the Buyer in the Application for the return of the Object(s).
9.8. The Seller determines the following procedure for the return of the Object(s):
9.8.1. The Buyer notifies the Seller of the return of the Goods by phone, in writing in a chat, messenger, or by e-mail to gallery.artidea@gmail.com;
9.8.2. The Buyer fills in the Application for the return of the Object(s), indicates the reason for the return and data in all fields, including full name, IBAN, bank card number, RNOKPP, and signs the Application with an electronic digital signature;
9.8.3. The Buyer shall pack the Object(s) in the original packaging in full (additional elements supplied in the package must also be returned) and send the documents and the Object(s) to the address specified by the Seller.
9.9. The funds shall be returned to the Buyer on the terms and conditions set forth above, but only upon receipt of the Object(s) by the Seller.
9.10. The return of the Object(s) by the Recipient shall be carried out on the same terms as by the Buyer. No additional consent of the Buyer is required in this case.
9.11. In case of return of the Object(s) of proper quality, all costs related to the delivery of the Object(s) and refund shall be borne by the Buyer.
9.12. The exchange and/or return of the Object(s) of inadequate quality is carried out:
9.12.1. if it is falsified, which is confirmed by an expert examination;
9.12.2. in the presence of significant defects that make it impossible to use the Facility(s);
9.12.3. if at the time of purchase and within 14 days after the purchase, the Buyer has discovered the expired terms of use of the Object(s).
9.13. In case of return or exchange of the Object(s) of inadequate quality, all costs related to the delivery of the Goods and refunds shall be borne by the Seller by the Law of Ukraine "On Consumer Protection".
9.14. The Seller does not guarantee the quality of the Object(s) if:
9.14.1. The Buyer uses the Object(s) for other purposes than intended;
9.14.2. The Buyer does not comply with the instructions and terms of use of the Facility(s);
9.14.3. The Buyer does not comply with the storage conditions of the Object(s);
9.14.4. The Buyer mixes the Object(s) with other similar goods;
9.14.5. the term of storage and use of the Facility(s) has expired.
9.15. The Seller warrants that at the time of acceptance of this Agreement by the Buyer, the Object(s) have not been sold, donated, transferred as a contribution to the authorized capital of a legal entity, otherwise alienated, pledged, prohibited from alienation (arrest), or subject to litigation, and that no third parties have rights to the Object(s), either within or outside Ukraine.
9.16. The Seller warrants that the copyright to the Object(s) has not been violated.
9.17. The Buyer warrants that the Object(s) has been inspected and examined by him/her. No defects were found. The Buyer has no claims to the Seller regarding the Object(s) and accepts it.
10. FORCE MAJOR
10.1. The Parties shall be released from liability for non-performance or improper performance of their obligations under the Agreement if such non-performance or improper performance occurred as a result of force majeure. Force majeure circumstances shall mean an accident, catastrophe, natural disaster, epidemic, epizootic, war, hostilities, civil unrest, strike, terrorist acts or acts, anti-terrorist operations, fires, explosions, lack of electricity, interruptions in the supply of natural gas or drinking water, breakdown of equipment or facilities, temporary disability of the Parties, actions of third parties, adoption of acts of state authorities and other circumstances beyond the control of the Parties that make it impossible for a Party to fulfill its obligations under this Agreement in a timely, complete and proper manner.
10.2. A Party that cannot fulfill its obligations under this Agreement due to force majeure shall notify the other Party thereof no later than within 3 (three) calendar days from the date of their occurrence. After termination of the force majeure event, the Party that was subject to it shall notify the other Party of such termination within 3 (three) calendar days from the date of termination of the force majeure event or from the date when such Party has the opportunity to notify the other Party of termination of the force majeure event.
10.3. If force majeure circumstances last for more than two months, either party shall have the right to unilaterally withdraw from this Agreement by notifying the other party thereof not later than ten calendar days before the date of withdrawal.
11. DISPUTE RESOLUTION PROCEDURE
11.1. In the event of any disputes or disagreements under this Agreement, the Parties undertake to resolve them through mutual negotiations and consultations.
11.2. If the Parties fail to reach an agreement, disputes (disagreements) shall be resolved in court by the established jurisdiction and jurisdiction of such dispute by the current legislation of Ukraine.
11.3. Claims (claims) of consumers regarding termination of the contract, quality, safety, and exchange of the Object(s) purchased by the Buyer under the terms of this agreement on the terms of delivery shall be considered at the location of the Seller specified in the settlement document.
12. TERM OF THE AGREEMENT
12.1. This Agreement is public and contains all the essential terms of sale and purchase of the Object(s) by the Seller. The Seller shall not have the right to refuse to enter into this Agreement if it has the ability (including technical, organizational, etc.) to provide the Customer with the Object(s).
12.2. The terms of this Agreement shall be the same for all Buyers.
12.3. The Buyer, orally or in writing, by applying to the Seller, accepts (accepts) all the terms of this Agreement, and the date of the first application is considered the date of the conclusion of this Agreement.
12.4. This Agreement shall be deemed to be concluded for an indefinite period and shall remain in force until the Parties have fully fulfilled their obligations hereunder.
12.5. This Agreement may be terminated in case of:
12.5.1. failure of the Buyer to fulfill its obligations under this Agreement, including in case of violation of the terms of payment;
12.5.2. violation by the Buyer or the Seller of the terms of this Agreement or the terms of sale of the Object(s);
12.5.3. refusal of the Buyer to receive the Object(s) from the Customer.
12.6 In case of termination of the Agreement due to the Buyer's refusal to receive the Object(s)
(s), the funds paid by the Buyer under this Agreement shall be refunded by the procedure specified in clause 6.8. of the Agreement.
12.7. The Seller makes every effort to ensure that the information posted on the official website of the Seller is relevant and useful at the time of its publication and is not responsible for the use of this information as a result of possible inaccuracies, errors, and omissions. The Seller shall not be liable for any material or other damages for intentional or unintentional damage that may arise as a result of using the information posted on the Seller's official website, which may no longer be relevant, may be incomplete, contain technical or grammatical inaccuracies. The Seller has the right to make changes and additions and other information posted on the Website without prior notice.
12.8. Amendments to this Agreement shall be made by the Seller unilaterally and shall enter into force upon publication on the Website. The Buyer undertakes to familiarize himself with the current version of this Agreement, and the Seller may additionally notify the Buyer of changes to the terms of the Agreement.
12.9. For the Buyer, who before the amendments to this Agreement purchases and sells the Object(s) from the Seller, the confirmation of full and unconditional acceptance of the amendments to the terms of this Agreement shall be the further purchase of the Object(s) from the Seller.
12.10. By accepting this Agreement, the Buyer agrees to the processing of his data and its entry into the Seller's database by the requirements of the Law of Ukraine "On Personal Data Protection". By accepting this Agreement, the Buyer confirms that he has been notified of his rights by the Law of Ukraine "On Personal Data Protection".
12.12. The Buyer confirms that the telephone number and e-mail address specified by him belongs exclusively to the Buyer, has not been and will not be transferred for use and/or possession and/or disposal to any persons, this telephone number and e-mail address is used and will be used by the Buyer in fulfilling the terms of this agreement, placing orders. The Buyer shall ensure/guarantee the impossibility for third parties to access and/or use the phone number and/or e-mail address. The Buyer bears the risk and negative consequences of loss, illegal possession, technical interception of information, etc., and loss of possession of the Buyer's mobile phone (in particular, the corresponding SIM card). The risk and full responsibility for the unauthorized use of the phone number shall be borne solely by the Buyer. The Seller shall identify any person who has used such means as the Buyer and shall not be liable if this is not true.
13. CONFIDENTIALITY
13.1. Any information received by the Parties under this Agreement shall be confidential and shall not be disclosed or transferred to third parties, except as provided by the current legislation of Ukraine or to fulfill the terms of this Agreement.
13.2. Upon disclosure of confidential information, a Party shall immediately inform the other Party of the disclosure of such information.
13.2.1. The Parties shall take all measures, within the framework of the applicable law, to prevent further disclosure, damage, or other negative consequences caused by the disclosure of confidential information.
14. OTHER PROVISIONS OF THE AGREEMENT
14.1 The Parties shall be governed by the terms of this Agreement and applicable law in fulfilling the terms of the Agreement.
14.2. The Parties have agreed that the Buyer's acceptance of this Agreement confirms the agreement on all material terms of the sale and purchase of the Object(s).
15. TERMS OF PERSONAL DATA PROCESSING
15.1. The Buyer, through a free and in no way an unlimited expression of will, gives the Seller consent to the processing of his data voluntarily provided by the Buyer when registering the sale and purchase of the Object(s), including with the use of information (automated) systems (purpose of processing: contractual relations arising between the Seller and the Buyer in connection with the sale and purchase of the Objects). Processing includes, but is not limited to: obtaining, systematizing, accumulating, storing, clarifying (updating, changing), using, destroying, depersonalizing, transferring, distributing (distributing, selling, transferring, including transferring to personal data managers and third parties determined by the Buyer at its sole discretion, provided that proper protection of personal data is ensured. The Buyer agrees that the Seller shall not be obliged to notify the Buyer separately personally of such transfer, blocking, as well or any other actions related to the processing of personal data by the purpose.
15.2. The Buyer agrees to the processing of the following personal data: surname, name, patronymic, year, month, date and place of birth, address, citizenship, contact information (home address(es), home and mobile phone numbers, e-mail address, etc, photographs; information contained in the identity documents, including passport data, tax number, photocopies of passports, other personal documents, any other personal data and information voluntarily provided/indicated by the Buyer when filling out acts, invoices, questionnaires, etc. related to the purchase of the Object(s), as well as data that may be required by the Seller in connection with the realization of the purpose of personal data processing.
15.3. Consent to the processing of personal data shall be granted at the time of conclusion of the Agreement of Accession to this Agreement.
15.4. Personal data, except for depersonalized personal data, is classified as restricted information by access mode. The Seller discloses the Buyer's personal and other data solely to consider his applications and/or in cases provided for by applicable law.
15.5. The use of personal data for historical, statistical, or scientific purposes is carried out exclusively in an impersonal form. The use of the Buyer's data in an impersonal form does not require his/her additional consent.
15.6. The Seller shall ensure the security of the Buyer's data from loss, disclosure, and unauthorized access by third parties using security system technologies, implementation of a restricted access regime, and control of access to data by authorized employees/representatives.
15.7. The Buyer grants the Seller consent to the processing of all his data without limiting the storage period and the period of processing of personal data.