PUBLIC OFFER AGREEMENT
This Agreement together with any other documents (or references thereto) specified herein is a public offer of the Seller — Ivan Vasylovych Frolov, Individual Entrepreneur, date and number of the record on the state registration: 4 June 2020, No. 20740000000042375, addressed to an unspecified circle of persons within the meaning of Articles 633, 641, 644 of the Civil Code of Ukraine, to enter into a remote sale and purchase agreement with the Seller (hereinafter the “Agreement”) on the terms and conditions contained in this Offer.
1. TERMS AND DEFINITIONS
1.1. The terms used herein shall have the following meanings:
Internet Platform: the website of the FROLOV group, to which the Seller belongs, at https://frolov.fr/
User: a visitor to the Internet Platform.
Agreement: a sale and purchase agreement concluded remotely between the Buyer and the Seller, the terms and conditions of which are determined herein.
Buyer: a User placing an order for the purchase of the Goods through the Internet Platform.
Seller: Ivan Vasylovych Frolov, Individual Entrepreneur, date and number of the record on the state registration: 4 June 2020, No. 20740000000042375, established and operating under the laws of Ukraine, with its registered address at 34 Hoholivska Str., apt. 13, Kyiv, 01054, Ukraine.
Goods: clothes, shoes, accessories and all other products from the assortment presented on the Internet Platform for sale.
Order: the decision of the Internet Platform User to order the Goods.
Terms and Conditions: the terms and conditions of using the Internet Platform and the terms and conditions hereof determined by the content hereof.
All definitions and terms not defined in this Section shall be interpreted in the meanings determined by the effective laws of Ukraine, and in the absence of such definition — in their ordinary meaning.
2. GENERAL PROVISIONS
2.1. These Terms and Conditions are the only terms and conditions applicable to the use of the Internet Platform, and they supersede all other terms and conditions.
2.2. These Terms and Conditions may be changed, so we advise you to regularly check their relevance because, at the time of using the Internet Platform or placing an Order, the Terms and Conditions in force at that time apply.
2.3. By using the Internet Platform, the User agrees with the following provisions:
a) the User has the right to use the Internet Platform only for the purpose of placing legitimate requests or Orders;
b) the User may not place speculative, false or fraudulent Orders. If the Seller has a reason to believe that the User has placed such an Order, the Seller has the right to cancel such an Order and notify the competent state authorities thereof;
c) by placing an Order on the Internet Platform, the User guarantees that he/she is legally competent and at least 18 years old. If the User is under 18 years of age, the User guarantees that he/she uses the Internet Platform with the consent of his/her parents or guardian;
d) the User agrees not to copy, reproduce, create, reissue, download, print, publish, republish, broadcast, record, transmit or in any way distribute the web pages or materials on the Internet Platform, or computer codes or elements contained on the Internet Platform, except exclusively for personal use, without prior written consent of the Seller;
e) the User may not change or distribute any changes to the content of the Internet Platform, including, but not limited to, the removal of the Seller’s logos and trademarks;
f) the User agrees not to damage, disrupt or affect the security of any part of the Internet Platform, its content or any network or software connected thereto;
g) by entering into the Agreement (that is, by accepting the terms and conditions hereof (Offered Opportunities) by placing an Order), the Buyer confirms that he/she is fully and completely familiar with and agrees to the terms and conditions of this offer, gives permission for the collection, processing and transfer of personal data on the terms and conditions defined below in the Clause on the collection, processing and transfer of personal data; the permission to process personal data is valid for the entire term hereof, as well as for an unlimited period of time after the expiration hereof. In addition, by concluding the Agreement, the Buyer confirms that he/she has been notified (without additional notification) of the rights established by the Law of Ukraine “On the Protection of Personal Data”, the purposes of data collection, as well as the fact that his/her personal data are transferred to the Seller for the purpose of being able to perform the terms and conditions hereof, the possibility of mutual settlements, as well as to receive invoices, certificates and other documents. The Buyer further agrees that the Seller has the right to provide access and transfer his/her personal data to third parties without any additional notifications from the Buyer, without changing the purpose of personal data processing. The extent of the Buyer’s rights as a subject of personal data in accordance with the Law of Ukraine “On the Protection of Personal Data” is known and understood by him/her.
The Seller reserves the right to block access to the Internet Platform to any User in case of violation of the provisions specified above in this Clause of the Terms and Conditions.
2.4. The Internet Platform is supported in Ukrainian. The Internet Platform is loaded in Ukrainian by default for users in Ukraine. The User can also view the content of the Internet Platform in English. By searching through the Internet Platform, the User/Buyer expresses his/her willingness to download the Website in English. By choosing the Ukrainian or English language of the Internet Platform, the User/Buyer expresses his/her request to be served, namely to receive notifications and messages in the corresponding language.
2.6. If the User provides incomplete information or incorrect, false information, the Seller will not be able to perform the order of such User (Buyer).
3. AVAILABILITY OF THE GOODS AND DELIVERY SERVICES
3.1. The Goods offered by the Seller on the Internet Platform and their delivery services are available throughout Ukraine, with the exception of:
a) temporarily occupied territories and settlements where the state authorities of Ukraine temporarily do not exercise their powers;
b) settlements located in the area of military (combat) operations and/or under temporary occupation, encirclement (blockade).
3.2. Since the safety of the Seller’s employees is the most important priority, the Seller reserves the right to change the list of settlements to which delivery is not made. If it is impossible to deliver the order to the User’s (Buyer’s) address, the Seller will notify the User (Buyer) thereof.
3.3. The Goods offered by the Seller on the Internet Platform are also available for order in other countries of the world. Goods are delivered by the Seller to other countries of the world through international postal operators: Nova Poshta Global, FedEx, UPS, DPD or DHL Express.
4. CONCLUSION OF THE AGREEMENT
4.1. The Seller hereunder undertakes to transfer to the Buyer the title to the Goods specified in the Buyer’s order placed using the Internet Platform, and the Buyer undertakes to pay for and accept the Goods in accordance with these Terms and Conditions.
4.2. The User independently and at his/her own discretion chooses the Goods offered for sale on the Internet Platform, which are available or will be produced by the Seller in a short period of time.
4.3. We draw the User’s attention to the fact that the photos accompanying the Goods are simple illustrations thereof and may differ from the actual appearance of the Goods. The description/specifications accompanying the Goods provide basic, but not exhaustive, information about the Goods. The User can read the description of the Goods on the Internet Platform; however, to obtain any additional information, the User should contact the Seller by filling out the feedback form or via online chat on our Internet Platform. All certificates of conformity, declarations of conformity and hygiene certificates are provided upon the Buyer’s request.
4.4. The User confirms and places the order by pressing the button “Authorise (MAKE) Payment”. Before confirming the order, the User must read all the characteristics of the Goods listed on the Internet Platform and these Terms and Conditions.
4.5. The option of purchasing the Goods as a guest is available on the Internet Platform. If this option is selected, the User provides only the information necessary to process such an Order. When placing an Order (purchasing the Goods), the Internet Platform will automatically offer such a User to register or continue using the Internet Platform as an unregistered User.
4.6. By confirming the Order, the User agrees that he/she has been duly informed by the Seller in accordance with the requirements of Part 2 of Article 13 of the Law of Ukraine “On the Protection of Consumers’ Rights” of:
a) the Seller’s name and registered address;
b) the procedure for accepting a claim;
c) the main characteristics and properties of the selected Goods;
d) the price of the Goods, including the delivery fee, and payment conditions;
e) the warranty period of the Goods, conditions of their use;
f) the period of the acceptance of proposals (offers);
g) the Agreement termination procedure.
If it is necessary to clarify any of the above information, the User can contact the Seller by filling out the feedback form or via the email posted on the website.
4.7. The Agreement is considered concluded, and the Seller’s proposal for its conclusion — fully accepted by the Buyer upon the Buyer’s confirmation of the order.
4.8. Upon confirmation and placement of the order, the User will receive an email with information about his/her order to the email address specified by him/her. The User undertakes to carefully read such email. If the User discovers any errors in his/her order, he/she must immediately notify the Seller thereof using the feedback form or by phone numbers posted on the Internet Platform.
4.9. If the User incorrectly places the Order or the Seller does not receive it, and at the same time funds are debited from the Buyer’s bank account, such funds will be returned to the User in full after the Seller receives confirmation of the error and withdrawal or cancellation of the Order.
4.10. If the Buyer’s Order is at the final stage of its production and preparation for shipment, the Buyer can change the Order by agreeing on changes to the Order by sending a request letter to firstname.lastname@example.org.
4.11. Based on the internal commercial policy of the FROLOV brand, the Seller does not accept or process orders that in any way whatsoever relate to the list of persons, resources, services, companies, domains, etc. included in the approved sanction list.
5. AVAILABILITY OF THE GOODS
5.1. All Orders for the Goods are performed by the Seller, subject to their actual availability or the possibility of production within the period agreed with the Buyer at the stage of Ordering the Goods.
5.2. If the Goods ordered by the Buyer are not available, the Seller will notify the Buyer thereof immediately, but no later than within 30 days following the date of placing the Order by the Buyer, by means of an appropriate electronic message to the email address specified in such order, while the Seller has the right to exclude the relevant Goods from the Buyer’s Order/cancel the Order.
5.3. In case of full or partial cancellation by the Seller of the Order prepaid by the Buyer, its value in the relevant part is returned to the Buyer.
6. PRICE AND PAYMENT
6.1. The price of the Goods is the price posted on the Internet Platform at the time of placing the Order by the Buyer, except for the cases of obvious errors.
6.2. Despite the Seller’s efforts to check the correctness of prices on the Internet Platform, errors are not excluded. If an error is discovered in the price of the Goods ordered by the Buyer, the Seller will immediately notify the Buyer thereof and offer the re-Order at a new price or cancel the Order. If the Seller is unable to contact the Buyer, the Order will be cancelled, and if the Buyer has already made payment, the Buyer will be entitled to a full refund.
6.3. The Seller is not obliged to sell the Goods to the Buyer at an incorrect (lower) price (even after confirmation of the Order) if the error in the price is obvious and the Seller has every reason to believe that the Buyer could or should have noticed such an error.
6.4. The prices posted on the Internet Platform include local taxes and the cost of delivery within Ukraine (see Clause 7 of these Terms and Conditions), but do not include import duties and taxes, as well as the cost of international delivery.
6.5. The prices of the Goods may change at any time, but (subject to the exceptions noted above) any change shall not affect Orders placed and confirmed prior to the relevant price change.
6.6. We draw the User’s attention to the fact that, as a rule, the prices posted on the Internet Platform and the prices in FROLOV brand stores coincide. However, in some cases, the prices may differ, which is not a violation of any kind.
The User is informed that the Seller does not reimburse the Buyer for the difference in the price of the Goods in case the Seller subsequently changes the price of such Goods or introduces a discount on such Goods.
6.7. The User can pay for the Order using Visa, MasterCard payment cards, or in cash when receiving the Order unless otherwise provided for by these Terms and Conditions. Depending on the payment method, restrictions of the corresponding payment system may apply to the amount of the Buyer’s transactions.
6.8. When paying with a payment card, by clicking the “Authorise (MAKE) Payment” button, the Buyer confirms that he/she is the owner (legal manager) of the card. To minimise the risks of unauthorised access, the Seller uses the FONDY payment system (https://fondy.ua/uk), which encrypts the Buyer’s bank card data when making payments and guarantees the security and confidentiality of such payments.
6.9. We draw the Buyer’s attention to the fact that the payment of the Order must be made in accordance with the requirements of the effective laws of Ukraine on the date of such payment, taking into account the determined restrictions or recommendations regarding the person’s identification and verification by the financial institutions, through which such payment is made.
6.10. We draw the Buyer’s attention to the fact that payment of the Order is made in the national currency of Ukraine — UAH. Therefore, there are cases when the User’s financial institution, through which the payment for the Order is made, and the financial institution serving the Seller converts the currency of payment into UAH (double conversion), and because of this, the amount actually debited from the Buyer’s bank card may be higher than the one the Buyer sees when paying for the Order on the Internet Platform (for more details, why this happens, ask the financial institution serving you).
6.11. The Seller does not reimburse any costs incurred by the Buyer for the conversion of payments when paying for the Order.
7. TAXES AND DUTIES
7.1. Local taxes are included in the price of the Goods in accordance with the effective laws of Ukraine. Please note that import duty and taxes are not included in the price of the Goods when placing the Order. The Seller is not responsible for any taxes and fees that must be paid by the Buyer in accordance with the laws of the country of destination (receipt) of the Goods. The Buyer is obliged to independently contact the customs service of the country in which receipt of the Goods is planned in order to determine such costs.
8.1. Except for the cases of force majeure, the Seller undertakes to make all possible efforts to perform the Buyer’s Order no later than the date confirmed by the Seller by sending a corresponding electronic message to the email address specified by the Buyer. If the planned delivery date is not specified, the delivery must be made within 20 business days from the date of confirmation of the Order by the Seller.
8.2. If the Seller cannot make the delivery on the specified date, the Seller will immediately notify the Buyer thereof by sending a relevant electronic message to the email address specified by the Buyer when placing the Order. In such case, the Buyer will be able to choose a new delivery date or cancel the Order with reimbursement by the Seller of the amount paid by the Buyer for the Goods.
8.3. We draw your attention to the fact that, as a rule, the Goods are not delivered on Saturdays and Sundays.
8.4. The delivery of the Goods is considered completed or the Order — delivered upon execution by the Buyer of the documents on the receipt of the Order at the agreed delivery address.
8.5. Unpacking and preliminary visual inspection of the parcel (Goods) before their receipt at the delivery point (of the postal operator) or at the address (courier) are PROHIBITED. This rule does not limit the Buyer’s right to inspect the received Goods within 14 days and exchange or return them in accordance with Clause 11 of these Terms and Conditions.
6.12. Together with the Goods, the Seller hands over to the Buyer the appropriate payment document (cashier’s check) generated by the FONDY payment system (https://fondy.ua/uk).
8.6. The Buyer’s Order number constitutes confidential information. If the Buyer transfers the Order number to a third person (friend, family member, etc.) and such person presents the corresponding order number to the courier with other necessary documents, the Seller will consider that the Buyer has transferred all rights and obligations to such person to receive (and pay for, if applicable) the Buyer’s Order.
8.7. Goods are delivered within Ukraine by the Seller through the Nova Poshta postal service. The cost of delivery of the Goods to the Buyer within Ukraine is paid by the Seller.
The Goods are delivered by the Seller worldwide through international postal operators: Nova Poshta Global, FedEx, UPS, DPD or DHL Express. The cost of international shipments of the Goods is paid by the Buyer.
9. IMPOSSIBILITY OF DELIVERY
9.1. If through the Buyer’s fault (for example, the Seller could not contact the Buyer or the Buyer was not at the place of delivery):
a) the Seller failed to deliver the Goods within 15 days following the readiness of the Buyer’s Order for delivery, or
b) the courier of the postal service failed to deliver the Goods three times, the Seller will consider that the Buyer is willing to terminate the Agreement. In such case, the Agreement is considered terminated by mutual consent of the parties.
9.2. Upon termination hereof under the conditions set forth in Clause 9.1 hereof, the Seller undertakes, upon the Buyer’s written request, to reimburse the funds paid by him/her for the Goods, provided that the Buyer agrees to reimburse the Seller for any expenses incurred by the Seller for the delivery of the Goods and other expenses (taxes, customs duties, commissions of financial institutions for the transfer/return of funds) arising upon the termination hereof.
10. RISK OF ACCIDENTAL DESTRUCTION AND TRANSFER OF THE TITLE
10.1. The risk of accidental destruction of the Goods passes to the Buyer upon the occurrence of title, namely:
a) to the prepaid Goods — upon transfer of the Goods to the courier (postal service) for delivery;
b) to the Goods paid upon receipt — upon payment for the Goods.
11. EXCHANGE AND RETURN RULES
11.1. Exchange and return of the Goods of proper quality:
11.1.1. The Buyer has the right to replace the Goods of proper quality with similar goods within 14 days, not counting the day of purchase, if the Goods are not satisfactory in terms of shape, style, size or cannot be used for their intended purpose for other reasons, by returning the Goods and purchasing similar goods (if available).
11.1.2. The Buyer has the right to terminate the Agreement and return the Goods of proper quality within 14 calendar days from the date of shipment of the Goods.
11.1.3. The Buyer has the right to return the Goods and terminate the Agreement under the following conditions (collectively):
a) no more than 14 calendar days have passed since the date of shipment of the Goods, and
b) the Goods are not on the list of the goods of proper quality that cannot be exchanged/returned (see Clause 11.2) and
c) the Goods were purchased in Ukraine, and
d) the Goods have not been used (there are no signs of wear, washing, unusual smells, etc.), and
e) the packaging and all labels, tags, instructions, etc. are preserved in their original form and originally affixed (sewn, on a branded tape, etc.), and
f) the original or a copy of the settlement document (cashier’s check) issued to the Buyer together with the Goods is provided (we draw the Buyer’s attention to the fact that a copy of the settlement document and/or a certificate from the police or a bank and/or a payment terminal check and/or an SMS message about the withdrawal of funds and/or testimony of witnesses are not settlement documents in the meaning of the effective laws of Ukraine), and
g) all mandatory details of the settlement document are preserved (clearly visible) on the settlement document, and
h) the settlement document refers to the Goods being exchanged/returned, and
i) the Buyer signed and transferred the act (statement) for the return of the Goods and the issuance of funds together with the Goods, and
j) the gift card used to purchase the Goods is provided (if the Goods were purchased using a gift card or a special discount code).
The return of the Goods of proper quality is possible subject to the performance of all the conditions indicated above. The return of the Goods of proper quality is possible in any way specified in Clause 11.4 of the Terms and Conditions.
11.2. Non-returnable goods of proper quality:
11.2.1. The Buyer does not have the right to return the Goods of proper quality and to terminate the Agreement regarding the Goods specified in Decree of the Cabinet of Ministers of Ukraine No. 172 dated 19 March 1994 “On the Implementation of Certain Provisions of the Law of Ukraine “On the Protection of Consumer Rights” or another regulation that replaced this decree, including, but not limited to, the following Goods: underwear; bras; bralettes and tops; pants; sets of pants; bodysuits; lingerie nightgowns; lingerie shorts; lingerie tops; lingerie bathrobes; socks; tights and stockings; hair accessories; accessories for underwear; corset products; lingerie overalls; perfumery and cosmetic products (lipsticks, lipstick sets, highlighters, face palettes, blushes, powders, bronzer powders, cream blushes, changing blocks, shadows, brushes, nail polishes, hair sprays, pencils, glosses, mascaras, colognes, perfumes, perfumed water, toilet water, etc.).
11.3. Return of the Goods of IMproper quality:
11.3.1. In case the Goods, in the Buyer’s opinion, do not meet the terms and conditions hereof (description on the Internet Platform) and/or the requirements of the laws of Ukraine at the time of delivery and/or during the warranty period specified in Clause 12 of the Terms and Conditions, the Buyer should immediately fill out the feedback form or contact the Seller through the feedback form on the Internet Platform. The difference in the design elements or design from those declared in the description on the Internet Platform is not a sign of the improper quality of the Goods.
11.3.2. In case of discovery during the warranty period of significant defects confirmed, if necessary, by an expert’s opinion, the Buyer has the right to demand from the Seller to return the Goods, terminate the Agreement and return the funds paid for the Goods.
11.3.3. The Buyer has the right to return the Goods of improper quality and terminate the Agreement under the following conditions (collectively):
a) no more than 14 calendar days have passed since the date of shipment of the Goods, or the warranty period has not expired, and
b) the Goods were purchased in Ukraine, and
c) the defects of the Goods did not arise as a result of the Buyer’s violation of the rules of use or storage of the Goods (the Seller conducts an examination of the Goods to confirm this condition, if necessary), and
d) the original or a copy of the settlement document (cashier’s check) issued to the Buyer together with the Goods is provided (we draw the Buyer’s attention to the fact that a copy of the settlement document and/or a certificate from the police or a bank and/or a payment terminal check and/or an SMS message about the withdrawal of funds and/or testimony of witnesses are not settlement documents in the meaning of the effective laws of Ukraine), and
e) all mandatory details of the settlement document are preserved (clearly visible) on the settlement document, and
f) the settlement document refers to the Goods being exchanged/returned, and
g) the Buyer signed and transferred the act (statement) for the return of the Goods and the issuance of funds together with the Goods, and
h) the gift card used to purchase the Goods is provided (if the Goods were purchased using a gift card or a special discount code).
The return of the Goods of improper quality is possible subject to the performance of all the conditions indicated above. The return of the Goods of improper quality is possible in any way specified in Clause 11.4 of the Terms and Conditions.
11.4. Ways to return the Goods
11.4.1. None of these ways of returning the Goods involves additional costs for the Buyer. In case the Buyer does not use any of the following ways of returning the Goods, the Buyer will bear all costs associated with their return.
a) Return by courier delivery (from the place of residence)
When returning the Goods by courier delivery organised by the Seller, the Buyer should fill out the feedback form via the Internet Platform or contact the Seller by communication means at the numbers posted on the Internet Platform, or via email to arrange collection of the Goods by courier at the address specified by the Buyer. The Buyer must send the Goods in the same packaging in which the Buyer received the Goods from the Seller.
The Buyer must put the settlement document, as well as other documents required in accordance with Clause 11.1 or Clause 11.3 above into the package and hand over the packaged Goods to courier.
The courier does not check the contents of the package. The Buyer bears all responsibility for the contents of the package, documents and condition of the Goods.
If the Buyer calls a courier but is not at the address during the courier’s visit, it is impossible to call the courier again, and the return can be made only at the Buyer’s expense.
Upon receipt of the Goods from the courier, the Seller undertakes to properly check the returned Goods and notify the Buyer of the consent to the return of the Goods or of the refusal and its reasons by sending a relevant electronic message to the email address specified by the Buyer when placing the Order.
If consent is given, the money will be returned to the Buyer within 14 business days from the day of consent. Ways of refund:
• to the payment card indicated by the Buyer when filling out the form on the Internet Platform;
• if the Goods were purchased using a gift card, a refund is possible only to the gift card used to make the purchase.
All disagreements that arise regarding the return of the Goods are resolved between the Buyer and the Seller by correspondence via email. The Seller’s email address is email@example.com.
11.5. In any case, the Seller does not send the Goods back. In case the Buyer, without justification, does not receive the Goods within 1 calendar month from the day of their actual delivery, receipt of a refusal, such actions (inaction) of the Buyer will be considered a waiver of the Buyer’s title to the Goods based on the provisions of Part 1 of Article 347 of the Civil Code of Ukraine, and the Seller will be able to independently dispose of them: to recycle, give to charity, etc.
12. WARRANTY OBLIGATIONS
12.1. The warranty period for any Goods is 30 days from the date of their receipt by the Buyer unless otherwise expressly stated by the Seller.
12.2. The list of seasonal Goods, the warranty periods for which are calculated from the beginning of the corresponding period:
a) Clothes, fur and other goods:
spring/summer season — from 1 April;
autumn/winter season — from 1 October.
winter season — from 15 November to 15 March;
spring/autumn season — from 15 March to 15 May and from 15 September to 15 November;
summer season — from 15 May to 15 September.
13.1. The Seller’s liability for any Goods purchased through the Internet Platform is limited to the value of such Goods.
13.2. The Seller is released from the liability for a breach of the Terms and Conditions if such breach is caused by force majeure, including any act, event, non-occurrence of the event, inaction or unforeseeable situation beyond our reasonable control, and in particular includes, without limitation, the following circumstances:
13.2.1. strikes, lockouts or other industrial disputes;
13.2.2. civil disturbances, mass disturbances, invasions, terrorist attacks or threats of terrorist attacks, hostilities (with or without a declaration of war), threat of hostilities or preparations for hostilities;
13.2.3. fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters;
13.2.4. impossibility of using railways, ships, air vehicles or cars, as well as other public and private means of transport;
13.2.5. impossibility of using public or private telecommunication networks;
13.2.6. acts, decrees, regulations or restrictions of any government;
13.2.7. any strike by employees of transport companies, post offices or other types of strikes in transport companies, non-provision of services by transport companies or accidents;
13.2.8. military (armed) aggression, martial law in the territory of Ukraine or in a separate area, air alert, threat of missile or other attack/strike, curfew;
13.2.9. prohibition of cross-border transfer of funds, restriction of import of goods, etc.
A document issued by the Chamber of Commerce and Industry of Ukraine, or any other act (document) of state/local self-government authorities/military administrations, etc., is sufficient confirmation of the existence of force majeure circumstances.
13.3. Under any circumstances, the Seller is not liable for:
13.3.1. indirect losses of the Buyer or third parties arising from the main losses or damages in any way and due to offences (including negligence), violation of the terms and conditions hereof or for any other reasons, even if such losses or damages are foreseeable, including, without limitation, the following types of damages:
a) loss of profit or income;
b) lost commercial opportunities;
c) non-conclusion of agreements;
d) loss of expected savings;
e) loss of data;
f) losses as a result of incorrect management and loss of working time;
13.3.2. any actions and/or inaction that are a direct or indirect result of any actions/inaction of any third parties;
13.3.3. use (impossibility of use) and any consequences of use (impossibility of use) by the Buyer of the form of payment for the Goods chosen by him/her.
13.4. The Internet Platform may contain links to websites and materials of third parties. Such links are provided for informational purposes only, and the Seller has no control over the content of such websites or materials. Accordingly, the Seller bears no liability of any kind for any losses or damages that may arise as a result of the use of such links.
14. MESSAGES AND FEEDBACK
14.1. The User can send any messages to the Seller through the feedback form or by calling directly the phone numbers posted on the Internet Platform or to firstname.lastname@example.org.
14.2. To communicate with the Buyer, the Seller uses the Buyer’s contact details specified by him/her when placing the Order or request. The Seller may send electronic messages to the Buyer to the email address specified by the Buyer when placing the Order or when registering personally on the Internet Platform.
14.3. The Seller will always be happy to receive comments and feedback from Users of the Internet Platform. The User can send his/her comments and feedback through the feedback form or by calling directly the phone numbers posted on the Internet Platform.
15. INTELLECTUAL PROPERTY AND PERSONAL DATA
15.1. The intellectual property rights to all software, marks for goods and services and materials provided on or with the help of the Internet Platform belong to the Seller and/or its licensors and are protected by copyright laws. Their storage, printing and display are possible exclusively for personal use. No one other than the Seller may publish, modify, distribute or otherwise reproduce in any format any materials or copies thereof provided or located on the Internet Platform, and may not use such materials for any commercial purposes.
16. VIRUSES, HACKING AND OTHER CYBER CRIMES
16.1. The User may not misuse the Internet Platform by intentionally introducing viruses, trojans, worms, logic bomb programs or other materials that are malicious or harmful from a technical point of view. The User agrees not to attempt to gain unauthorised access to the Internet Platform, the server on which the Internet Platform is hosted, or any other server, computer or database connected to the Internet Platform. The User agrees not to carry out attacks using network attacks and distributed denial of service attacks.
16.2. By violating this provision, the User may be considered to be committing a criminal offence in accordance with the effective laws of Ukraine. The Seller is obliged to report any suspicions of such criminal offence to the competent law enforcement agency; at the same time, the Seller will be obliged to cooperate with the relevant authority to reveal the identity of the malicious user. In addition, in case of such violation, the User’s right to use the Internet Platform is immediately terminated.
16.3. The Seller is not liable for any damages or losses incurred as a result of a network attack, virus or other software or materials that are malicious and technically harmful to the User’s computer, equipment, data or materials obtained as a result of use of the Internet Platform or downloaded from the Internet Platform, as well as from materials linked to this Internet Platform.
17. TRANSFER OF RIGHTS AND OBLIGATIONS
17.1. The Agreement concluded between the User (Buyer) and the Seller is binding on the parties to such Agreement and their respective successors and assignees.
17.2. The User has no right to withdraw, encumber or otherwise alienate the Agreement or any rights and obligations arising from such Agreement without prior written consent of the Seller, except for the cases expressly specified in these Terms and Conditions.
17.3. The Seller has the right to transfer, withdraw, encumber, subcontract or otherwise alienate the Agreement at any time during the term of the Agreement without the User’s consent. For the avoidance of doubt, any such transfer, assignment, encumbrance or other alienation will not affect the User’s rights granted to such User as the Buyer by the effective laws and will not void, reduce or otherwise limit any warranty, which could be provided to the Buyer by the Seller.
18. INVALIDITY OF PROVISIONS, TERMS AND CONDITIONS
18.1. In case any provisions of these Terms and Conditions and/or the Agreement are recognised by a court or other competent authority as invalid in whole or in any of their parts, or they are unenforceable in the opinion of both parties, such provision will be performed to the maximum extent possible in order to implement the intentions of the parties, and the rest of the Terms and Conditions and (or) the Agreement will retain legal force in full.
19. RIGHT TO MODIFY THESE TERMS AND CONDITIONS
19.1. By placing an order, the User accepts the Terms and Conditions posted on the Internet Platform at the time of placing the Buyer’s order.
19.2. The Seller reserves the right to revise and modify these Terms and Conditions from time to time.
19.3. By using the Internet Platform or placing an order, the User confirms that he/she accepts the obligations stipulated by these Terms and Conditions. In case of disagreement with the Terms and Conditions or any part thereof, the User must take action not to use the Internet Platform.
19.4. If the User has any questions regarding these Terms and Conditions, the User can contact the Seller by filling out the feedback form or by calling directly the phone numbers posted on the Internet Platform.