This Contract has the character of a public offer in accordance with the current legislation of Ukraine and is an official offer to an indeterminate range of individuals from among the visitors of this Web site to conclude a contract of sale of the Goods, the information on which is placed on the Web site.
Website of the “International Platform of Ukrainian Art” https://codeky.art and an individual with full civil capacity, who registers on the Website and / or visits the Website for the purpose of using the Works published on it, conclude this agreement on the conditions set out below:
1. DEFINITION OF TERMS:
Client - is an individual with full civil capacity, which makes the order and purchase of the Goods sold by the Sellers and presented on the Internet site "International Platform of Ukrainian Art", which is located on the Internet at the address https://codeky.art, (hereafter referred to as the Website) to meet his needs, as well as the person who visits the Website and uses or intends to use the works published on the Website.
Seller - persons who have entered into an agreement with the owner of the Website or another agreement on the placement of information about the Goods on the Website, and are the owners of the Goods, the information on which is posted on the Website.
Product - material object (one or more), information about which is placed for sale on the Website, the price, name, description of characteristics and the indication of its availability are indicated.
Order - an appropriately executed and placed request from the Client addressed to the Seller and / or the Website Owner for sale and delivery of the Good / Goods at the indicated Client's address from the list of Items selected on the Website.
Works (materials) - all materials (informational announcements, articles, comments, interviews, consultations, photographic images, video materials and other objects of intellectual property in accordance with Articles 420, 433 of the Civil Code of Ukraine) that are posted on the Site.
Website Owner - an individual entrepreneur Kovaliova Julia Viktorivna.
2. SUBJECT OF THE AGREEMENT
2.1. In accordance with this Agreement, the Seller undertakes to transfer the Goods selected and ordered by the Client on the Website to the property of the Client, and the Customer undertakes to accept and pay the Goods in accordance with the terms of this Agreement (hereinafter - the Contract).
2.2. The Owner of the Website concludes, on behalf of the Seller, a contract for the sale of the Goods with the Client on the terms set out in this Agreement.
2.3. In case of reference in any contracts concluded between the Sellers and the Website Owner, on the Terms of Sale of the Products placed on the Website, the Parties of such agreements must refer and use these Terms.
2.4. The Client agrees to all the terms of this Agreement at the time of registration on the Website and / or at the time of ordering the Product, which confirms that the Client is acquainted with the terms of this Agreement and all actions, which will be carried out by the Client will not contradict the provisions of this Agreement.
2.5. The owner of the Website has the right to make changes to the text of this Agreement without prior notice. Such changes to the Agreement enter into force after their publication on the Website and apply to any Order made after the publication of the changes.
2.6. The Customer agrees to transfer to the Seller and / or the Website Owner the personal data and information regarding the Order in accordance with the terms of this Agreement and agrees to comply with the terms of the Agreement.
2.7. This Agreement is the main document establishing the mutual rights and obligations of the Seller and the Client, as well as other persons specified in the Agreement.
2.8. Seller, Website Owner and Client communicate via e-mail or ads and messages on the Website. The Client confirms that all agreements, messages, data or other information provided in electronic form comply with the legal requirements, have legal force and are equal to documents drawn up in writing.
2.9. The Website Owner does not guarantee error-free and uninterrupted functioning of the Website.
2.10 This Website is created and used in accordance with the current legislation of Ukraine.
3. RULES FOR USE OF WORKS PUBLISHED ON THE WEBSITE
3.1 All proprietary and non-proprietary intellectual property rights to the Works which are contained on the Website, belong to the Site Owner, unless otherwise specified in the text of the Work or its description.
3.2 All personal non-proprietary intellectual property rights belong to the authors of the Works and are protected in accordance with the current legislation of Ukraine.
3.3 Protection of personal non-proprietary rights and property rights of subjects of intellectual property rights is carried out in accordance with the current legislation of Ukraine.
3.4 As the works, all materials are meant (informational announcements, articles, comments, interviews, consultations, photographic images, video materials and other intellectual property objects) in accordance with the legislation of Ukraine, which are placed on the Website.
3.5 Using Works (Materials) means any reproduction, publishing, distribution, processing, translation of the work, inclusion as components in other works and other ways stipulated by the Law of Ukraine "On Copyright and Related Rights" and other legislation of Ukraine.
3.6. The use of Materials placed on the Website is permitted only with the written permission of the Website Owner and provided that they are executed in accordance with the following requirements:
3.6.1 The Placed Material contains a heading that describes the content of the Material, and lead;
3.6.2 The website logo and website name are placed next to the title of the Material — codeky.art;
3.6.3 Direct hyperlink to the full version of the Material on the Website is specified under the lead;
3.6.4 The use of the Website's logo for the purpose of designing the Materials in the aggregators of news in accordance with this Agreement is allowed. Any other use of the specified logo without the permission of the Owner of the Website is not allowed.
3.7 The Web site owner grants written permission to use the Website Materials at its discretion to the owner of the aggregator of news on the basis of his appeal, sent electronically to the address email@example.com. The owner of the Website reserves the right, during the review process, to require the owner of the aggregator of news any additional information necessary to make a decision on the issuance of written permission.
3.8 The "logo" of the Website means the image contained on the Website in the upper left corner.
3.9 “Lead” is meant as a brief summary of the Material provided on the Website.
3.10 The "aggregators of news" should be understood as any software, application, service, or web resource which through the use of RSS feeds or otherwise collect the content of information resources and partially or completely reproduce them for users in the form of blocks, streams, news feeds.
3.11 A hyperlink can also be executed in the form of a button or URL in the application interface (web resource), clicking on which refers to the full version of the Material on the Website.
4. PERSONAL DATA OF CLIENTS
4.1. The Seller and / or the Owner of the Website have the right to collect, store and use such personal data of the Client:
4.1.1. Full Name;
4.1.2. Email address;
4.1.3. Mobile phone number;
4.1.4. Address of delivery of goods, zip code;
4.1.5 Date of birth;
4.1.6. Shopping and Goods;
4.1.7. History and details;
4.1.8 Other data necessary for the use of the Website.
4.2. The Customer agrees that the Seller and / or the Website Owner is entitled to use the Customer's personal data for the following purposes:
4.2.1. Messages to clients about services, news and promotional offers by SMS, e-mail, MMS, mail, via social networks and messengers;
4.2.2. Provision of information, customer support on request of the client, conclusion of contracts of sale of the Goods and other actions that are necessary for the performance of contracts concluded with the Clients;
4.3. The Seller has the right to disclose personal data of the Clients in the following cases:
4.3.1. In order to provide information to its partners, affiliated companies, agencies (engaged in similar activities) provided, that the latter will use such information maintaining the confidentiality of information;
4.3.2. Providing information to law enforcement and other state bodies in response to their request, in accordance with the norms of the current legislation of Ukraine.
4.4. By registering on the Website or placing an order for the Product, the Client agrees to receive updated information about the Goods, newsletters with latest news, new entrants, special offers and sales announcements via e-mail, SMS, MMS.
4.5. The Client undertakes to provide complete and accurate information about his personal data in the graphs on the Website for registration and execution of the Order. In case of inaccuracy or any discrepancy between the Customer's personal data filled in on the Website and personal data of the Client submitted by him at receipt of the Goods (name or surname, contained in passport data, identification code, etc.), the Client, at the discretion of the Seller, may lose the opportunity to protect his rights in accordance with the Law of Ukraine “On Protection of Consumer Rights” in particular regarding the return of the received Goods and also bears responsibility in cases stipulated by the Contract and / or by the applicable law.
5. ORDER OF REGISTRATION AND DESIGNATION OF ORDER TO GOODS
5.1. The Customer fills in the registration form and makes a registration on the Website, confirming the approval of all the terms of this Agreement and its conclusion between the Parties.
5.2. The Customer in the appropriate section of the Website may view information about the Products, to get acquainted with the description of the Goods in detail and to select the Goods in the appropriate quantity which interested him for buying by clicking the appropriate button "Add to Cart" on the Website.
5.3. To calculate the cost of delivering the Goods, the Customer goes to page "Cart" of the Website at the appropriate link and clicks the button "Calculation of the cost of delivery". In the fields of the form "Cost of delivery", the Client enters the detailed delivery address (country, region or other territorial unit, city, department of delivery service). According to the information entered, the amount of delivery is calculated. The customer is responsible for the accuracy and veracity of the specified information about the shipping address.
5.4. After choosing the Goods and calculating the cost of delivery of the Goods, the Client can arrange the Order for the Goods and conclude the Purchase and Sale Agreement for the Goods by clicking on the "Buy" button in the section "MAKING THE ORDER". The registration the Order by a Customer and its subsequent transfer to the Seller and / or Owner of the Website, means sufficient and complete familiarization of the Client with the Goods, its characteristics and description, the cost of delivery, with information on the presence (absence) of preferences, discounts, as well as on the impact of the terms of the order on the formation of the final price of the Goods.
5.5 Upon receipt of the Order, the Seller and / or the Website Owner processes the Order. A confirmation of the Order with details of the Order is sent to the Customer (by e-mail): Order number, ordered Goods, cost of goods, delivery cost, total order amount.
5.6. In case of the absence of ordered Items available from the Seller, including the reasons beyond the control of the Seller, the latter and / or the Owner of the Website have the right to reject the Customer's Order, by informing the Client in telephone mode or sending an e-mail indicating the reason at the address given at the registration of the Client..
5.7. The Seller and / or the Owner of the Website reserves the right to refuse the Client to purchase any Goods and to conclude a Purchase and Sale Agreement without notice.
5.8. The order is deemed to be accepted after the Customer receives an electronic message to the email address indicated in the registration form, confirming the fact of the acceptance of the Order and after providing the clarifying information regarding the Order, as well as the contact details of the Seller.
5.9. In case if the Client decides to cancel the Order, he must, no later than 1 (one) day from the date of registration of the Order, contact the Seller's employee at the telephone number indicated on the Website or send an appropriate email with detailed information about the Order to the e-mail: firstname.lastname@example.org. In case of non-compliance with this term, the Order cannot be canceled.
5.10 Cancellation of the Customer's Order, accepted by the Seller and / or the Owner of the Website, is possible only in cases expressly provided for by this Agreement.
5.11. The Seller makes every effort to provide complete and detailed Product Information on the Website. However, there may be situations when information on the Website may contain inaccurate or incomplete information. Therefore, the Seller reserves the right to correct errors, modify or update the information at any time without prior notice.
5.12. Given the specificity of the visual display of various types of Items on the monitor screen, some colors of any Items may slightly differ from the colors of real samples.
6. PROCEDURE OF THE TRANSFER OF THE GOODS
6.1. The Seller and / or the Owner of the Website are required to convey to the Client the Goods fully paid by the Client according to the description, which contains the main characteristics of the Product and specified on the Website page for the relevant Goods, including the set, documents, etc.
6.2. Delivery of ordered Goods in the "Art" section of the Website to the address indicated by the Client is carried out on the territory of Ukraine within 6 (six) working days from the moment when the Client pays for the Goods and beyond the territory of Ukraine within 25 (twenty five) working days from the moment when the Client pays for the Goods.
6.3. Delivery of the ordered Goods in other sections of the Website to the address indicated by the Customer shall be carried out within the territory of Ukraine within 6 (six) working days from the moment when the Client pays the Goods and outside the territory of Ukraine within 15 (fifteen) working days from the moment the Client pays the Goods .
6.4. The above lines are oriented and the Seller and / or the Website Owner make every effort to timely delivery. However, delays in the delivery of the Goods are possible due to unforeseen circumstances beyond Seller's control (force majeure), the seller, in the presence of relevant information, in the case of circumstances that make it impossible to comply with the above terms of delivery of the Goods, informs the Client and agrees the new terms of delivery by correspondence by e-mail or by telephone.
6.5. When ordering Goods, delivery is made by the delivery service specified on the Website.
6.6. If, due to the Seller's fault, the Product has not been sent to the Client, the Website Owner returns to the Client the funds paid by the Client for the Goods.
6.7. The Customer is obliged to monitor the delivery of the Goods independently at the address specified by them at the Order and accept the delivered Goods.
6.8. In case of refusal of the Client from the Goods or acceptance of the delivered Goods, the funds paid by the Client for the Goods are not be returned.
6.9. The order is deemed to be fulfilled by the Seller at the moment of transfer of the ordered Goods to the Seller to the delivery service for the subsequent delivery of the Goods to the Client. From the moment the Seller transfers the Goods to the delivery service for the transfer to the Client of the Seller's obligation to deliver the Goods, it is deemed to be fulfilled.
6.10 The ownership of the Goods and related risks pass from the Seller to the Client at the moment when the Goods are transferred to the delivery service for the subsequent delivery of the Goods to the Client. Confirmation of transfer of ownership of the Goods is an appropriate document, which is issued by the delivery service and indicates the transfer of the Goods by the Seller to the delivery service for the subsequent delivery of the Goods to the Client.
6.11. The risk of accidental destruction or accidental damage to the Goods shall pass to the Client at the moment when the Seller transmits the Goods to the delivery service for the subsequent delivery of the Goods to the Client.
7. PRICE AND TERMS OF PAYMENT FOR THE GOODS
7.1. The Client is obliged to pay to the Website Owner the price of the Goods and the cost of delivery of the Goods.
7.2. The price of the Goods is indicated on the Web site on the respective Goods page and does not include the cost of delivery of the Goods.
7.3. The cost of delivery of Goods on the territory of Ukraine and outside the territory of Ukraine shall be established in accordance with the tariffs of the delivery service, calculated on the Website and indicated separately from the value of the Goods.
7.4. The price of the Goods delivered outside the territory of Ukraine does not include the cost of brokerage and customs services, the payment of any customs and other obligatory payments established by the relevant customs / tax laws of the country of destination of the delivery of such Goods. Responsibilities for passing the Certification of the Goods are assigned to the Client, in accordance with the requirements of the current legislation of the country of destination of the delivery of the Goods.
7.5. The Seller and / or the Website Owner is entitled to unilaterally change the price of the Product without notice. However, the Seller is not entitled to change the price of the ordered Goods after the Order was accepted by the Seller, and the Customer received an email confirming the acceptance of the Order by the Seller.
7.6. The price of the Goods is paid by the Client in UAH, EUR or US Dollars.
7.7. The Customer may pay for the ordered Goods using a bank card on the Web site at the time of placing the Order.
7.8. The Customer is obliged to pay the price of the Goods and the cost of delivery of the Goods.
7.9. The following types of bank cards are accepted for payment: Visa, MasterCard.
8. QUALITY OF THE PRODUCT AND GUARANTEE TERMS
8.1. The goods, the information on which is placed in the section "Art" of the Web site, in accordance with the legislation of Ukraine are not works of art, collectibles and antiques and created to meet the aesthetic taste of the Client.
8.2. The Seller must convey to the Client the Goods, the information of which is placed in the section "Art" of the Website, in quality according to the purpose of its creation: satisfaction of the aesthetic taste of the Client.
8.3. At the same time, the confirmation of satisfaction of the aesthetic taste of the Customer by the Goods, the information about which is placed in the section "Art" of the Website, is the order of the relevant Goods and payment of the Goods Price.
8.4. The products, which are posted in the section "Fashion" of the Website, are designer goods and are sold by Sellers in accordance with the description, which contains the main characteristics of the Product and specified on the Website page for the relevant Product.
8.5. The Seller must convey to the Client the Goods, the information of which is located in the section "Fashion" of the Website in quality according to the description, which contains the main characteristics of the Product and specified on the Website page for the relevant Product.
8.6. The Seller does not guarantee the quality of the Goods any other of those which are provided for in clauses 8.2 and 8.5 of this Agreement, and The parties agreed that the warranty period for the Goods, information contained in the section "Art" and "Fashion" of the Website, absent in connection with the specifics of the Goods, the information on which is posted on the Web site.
8.7. The goods, the information on which are placed in the section "Art" are not subject to exchange and return.
9. LIMITATION OF LIABILITY AND FORCE MAJEURE
9.1. The owner of the Web site is not responsible for the actions of other persons that may in one way or another be relevant to the implementation of this Agreement, including Sellers, Banking or Financial Institutions, Delivery Services, Internet Providers, Payment Systems, etc.
9.2. The owner of the Website is not responsible for the terms of delivery of the goods.
9.3 The Website Owner is not responsible for the quality of the Goods and any warranty obligations to the Client regarding the quality of the Goods, and also does not take part in the procedures for reviewing complaints regarding the quality of the Goods.
9.4. The parties agreed that in the case of a force majeure event (actions of irresistible force that do not depend on the will of the Parties), namely: war, military actions, blockade of embargo, other international sanctions, interruptions in the work of the Internet, and others, which create immediate obstacles for the fulfillment by Parties of their obligations, fires, earthquakes, other natural disasters or seasonal natural phenomena, the Parties shall be released from fulfillment of their obligations for the period of these circumstances.
9.5 The fact of the onset of force majeure circumstances may be confirmed by the certificate of the Ukrainian Chamber of Commerce and Industry if the other Party does not recognize them.
9.6. A party that has been subjected to force majeure should immediately, but not later than within 3 (three) calendar days from the moment of their occurrence, notify the other Party of the impossibility of performing their duties under this Agreement. In the event of non-compliance with these requirements, a Party shall not have the right to refer to force majeure circumstances as a ground for exemption from liability for failure to fulfill their contractual obligations.
10. OTHER PROVISIONS
10.1. If any provision of this Agreement is found invalid or unlawful, or cannot come into force, in accordance with the current legislation of Ukraine, such a provision should be removed from the Treaty and replaced by a new provision that is as much as possible complies with the requirements of the law, but at the same time this Agreement is not revised, it is not broken, and other provisions of the Agreement remain in force.
10.2 The parties to this Agreement are liable for its non-fulfillment or improper performance in accordance with the current legislation of Ukraine.
10.3 All disputes arising from the terms of this Agreement are resolved through negotiation. In the event that the Parties have not reached an agreement on the controversial issues regarding this Agreement, such dispute shall be submitted to the court for review in accordance with Ukrainian legislation on the protection of consumers' rights.
10.4 If Customer wishes to refuse to send information received from the Seller and / or the Proprietor of the Goods, the Customer shall, at the bottom of the mailing list, click on the "Unsubscribe" button in the line "If you want to receive our newsletter".
10.5 This agreement is a public offer. The absence of a copy of the Agreement on paper bearing an agreement signed between the parties with the signing of both parties in case of actual payment by the Client on it, there is no reason to consider this Agreement not concluded or invalid.
10.6 The Website Owner is not liable for any damages and / or inconveniences caused by the access or lack of access to the Website by the Client for reasons beyond his control.
10.7. In resolving any disputes arising from the purchase of goods on the Website, the current legislation of Ukraine applies.
10.8. In cases of disagreement and disputes due to non-fulfillment or improper performance of the Contract or in connection with it, the parties will seek to resolve them by negotiating and reaching a mutually beneficial solution or agreement.
10.9. In case of violation of any clause of this Agreement, the Seller and / or the Owner of the Website reserves the right to protect their rights and interests by lodging complaints with law enforcement agencies and appeals to judicial authorities.
10.10 The agreement is terminated in case of cancellation of the order in the part of the order.
10.11 Proposals for improving the provision of the service and the Agreement may be sent at any time to the e-mail indicated in the "Contacts" section.
10.12 In the event when legal and / or physical persons consider that their rights and legitimate interests are violated by the Seller and / or the Owner of the Website, in order to directly resolve the dispute, they apply to it with a written claim. Claims for the provided Goods and Services are sent to the Seller.