Terms of Use Agreement
PUBLIC OFFER AGREEMENT FOR THE PURCHASE AND SALE OF GOODS
This agreement, addressed to consumers, is an official and public offer from the Seller to conclude a purchase and sale agreement for the Product, the subject and conditions of which are specified in the relevant section of the website https://shalenna.pro/umovy-korystuvalnytskoyi-uhody/. The consumer, acting with the purpose of purchasing the Product, accepts the terms of this agreement (hereinafter - the Agreement) on the following:
1. General Provisions
- 1.1. This agreement is a public offer agreement, its terms are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur).
- 1.2. In case of acceptance of the terms of this agreement, i.e. the Seller's public offer, the consumer becomes the Buyer.
- 1.3. By concluding the Agreement, the Buyer confirms that they have fully read and agree with its terms, and also, if the Buyer is an individual, gives permission for the Seller to process their personal data for the purpose of fulfilling the terms of this Agreement, the possibility of mutual settlements, as well as for receiving invoices, acts and other documents. Permission to process personal data is valid throughout the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding this Agreement, the Customer confirms that they have been notified (without additional notification) about the rights established by the Law of Ukraine 'On Personal Data Protection', about the purposes of data collection, and also that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, the possibility of mutual settlements, as well as receiving invoices, acts and other documents.
2. Terms and Definitions
- 2.1. Seller - Shalena Antonina Petrivna (individual entrepreneur).
- 2.2. Product - a list of digital (electronic) goods published on the website http://shalenna.pro/, for which the price, name and description of the product are indicated. The product may also be accompanied by its image.
- 2.3. Buyer - a capable individual who has reached the age of eighteen, receives information from the Seller, places an Order for the purchase of Products presented on the Online Store website, for purposes not related to business activities, or a legal entity/individual entrepreneur.
- 2.4. Order - a completed and placed application from the Buyer for the purchase of Products, addressed to the Seller.
- 2.5. Online Store Website - a set of pages accessible through a web browser and software modules united by a single management system, located on the Internet at http://shalenna.pro/
3. Subject of the Agreement
- 3.1. The Seller undertakes, under the terms and in the manner determined by this agreement, to sell the Product based on the Order placed by the Buyer on the Online Store website, and the Buyer undertakes, under the terms and in the manner determined by this agreement, to purchase the Product and pay its cost.
- 3.2. The Seller guarantees that the Product has not been pledged, is not in dispute, under arrest, and is not subject to the rights of third parties.
- 3.3. The Seller and the Buyer confirm that this agreement is not fictitious, an imaginary transaction, an agreement made under the influence of violence or fraud.
- 3.4. The Seller confirms that they have all necessary permits for conducting business activities that regulate the sphere of legal relations arising and operating in the process of fulfilling this agreement, and also guarantees that they have the right to produce and/or sell the product without any restrictions, in accordance with the requirements of current legislation of Ukraine and undertakes to bear responsibility in case of violation of the Buyer's rights in the process of fulfilling this agreement and selling the product.
- 3.5. The Buyer accepts the terms of this agreement at the time of placing the Order by clicking the 'Place Order' button, which means the Buyer's confirmation of reading the text of this agreement and agreement with its terms. Subsequently, objections from the Buyer regarding providing their consent in this way relieves the Seller of any responsibility for non-fulfillment of the terms of this agreement and leaves the Seller the right to cancel the Order unilaterally.
4. Website Usage Rules
- 4.1. The Buyer can view the content of the website http://shalenna.pro/, place Orders, and use its other services.
- 4.2. When placing an order, the Buyer enters the following data: Full Name, Phone Number, Email Address
- 4.3. The Buyer undertakes to provide accurate, precise and complete information about themselves. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration and order placement.
- 4.4. The Seller has the right to refuse the Buyer to place an Order if they have grounds to believe that the Buyer has provided false data, as well as in case of unfair behavior (for example, violation of the terms of this agreement or other).
- 4.5. It is prohibited to use the website http://shalenna.pro/ in illegal and prohibited activities. Buyers agree to comply with the laws of Ukraine and norms of behavior accepted on the Internet, namely, but not limited to: posting on the website http://shalenna.pro/ materials of extremist, pornographic or other nature that affect and/or limit the honor, dignity and/or business reputation of third parties and violate generally accepted moral norms, as well as posting advertising information without the Seller's permission.
5. Order Placement Procedure
5.1. The Buyer places an Order on the website http://shalenna.pro/ independently, by adding selected Products to the virtual cart and clicking the 'Buy' button.
6. Price and Payment Procedure
- 6.1. The price of each individual Product is determined by the Seller and indicated on the Online Store website. The Order price is determined by adding the price of all Products included in the Order and the delivery price, which equals the amount to be paid, indicated on the Online Store website when placing the Order at the time of its placement.
- 6.2. The contract price equals the Order price. The order amount may change depending on the price, quantity or nomenclature of the Product.
- 6.3. The Buyer pays for the Product according to the Order. The Buyer independently chooses one of the following payment methods: cashless payment; through electronic payment systems;
- 6.4. Payment for Services is made in the national currency of Ukraine (hryvnia).
- 6.5. The Order is considered paid from the moment the payment is received in the Seller's or their representative's settlement account. The fact of Order payment certifies the Buyer's agreement with the terms of this agreement.
- 6.6. Sending the Order by the Seller is performed after full payment for the Product.
- 6.7. The Product price indicated on the website http://shalenna.pro/ may be changed by the seller unilaterally. However, the price for the Product ordered by the Buyer is not subject to change.
7. Return Conditions
7.1. Digital (electronic) Products presented on the website http://shalenna.pro/, after payment, are not subject to return.
8. Seller's Obligations
- 8.1. Provide truthful information about Products and their prices.
- 8.2. Deliver the Product in accordance with the Order terms.
9. Buyer's Obligations
- 9.1. Provide the Seller with reliable, truthful and correct information when placing an order on the website http://shalenna.pro/.
- 9.2. Pay for the Product, according to Orders, at the specified price.
10. Buyer's Rights
- 10.1. Demand a refund for the Product in case of the Seller's inability to fulfill the Order terms.
- 10.2. Make changes to the Order before payment.
11. Liability of the Parties
- 11.1. The Seller is not responsible for damage caused to the Buyer as a result of improper use of Products ordered on the website http://shalenna.pro/.
- 11.2. The Seller is not responsible for improper, untimely fulfillment of Orders and their obligations under this Agreement in case the Buyer provides false or untrue information.
- 11.3. The Seller and the Buyer are responsible for fulfilling obligations under this Agreement in accordance with current legislation of Ukraine.
- 11.4. The Seller and/or Buyer are released from liability for complete or partial non-fulfillment of their obligations if the non-fulfillment is a consequence of such force majeure circumstances as: war or military actions, earthquake, flood, fire and other natural disasters, acts or actions of state authorities, changes in customs rules, import and export restrictions that arose independently of the will of the Seller and/or Buyer after the conclusion of this agreement. The party that cannot fulfill its obligations immediately notifies the other Party and provides documents confirming the existence of such circumstances, issued by authorized bodies.
12. Confidentiality and Personal Data Protection
- 12.1. By providing their personal data on the website http://shalenna.pro/ when placing an Order, the Buyer gives their voluntary consent to the processing and use of their personal data without limitation of the validity period of such consent.
- 12.2. The Seller uses the received personal data to provide services defined by this agreement, to promote services provided by the Seller, including through automated processing of personal data.
- 12.3. The Seller undertakes not to disclose information received from the Buyer.
- 12.4. The Buyer is responsible for maintaining their personal data in an up-to-date state. The Seller is not responsible for poor quality performance or non-performance of their obligations due to the irrelevance of information about the Buyer or its non-compliance with reality.
13. Information Notifications
- 13.1. By placing an order on the website http://shalenna.pro/, the Buyer gives the Seller consent to receive information notifications from the Seller, acting on the basis of an agreement with the Seller, through email services.
- 13.2. At any time, the Buyer has the right to refuse to receive such mailings by writing a message to the contacts indicated on the page http://shalenna.pro/kontakty.
14. Rules for Using Materials Posted on the Website http://shalenna.pro/
- 14.1. The website http://shalenna.pro/ contains materials protected by law, including, but not limited to, texts, photographs, graphic images.
- 14.2. All content of the website http://shalenna.pro/ is protected by the legislation of Ukraine.
- 14.3. The Buyer does not have the right to use materials posted on the website http://shalenna.pro/, such as: make changes, publish, transfer to third parties, participate in the sale or assignment, create derivative products, etc.
15. Other Conditions
- 15.1. This agreement is concluded on the territory of Ukraine and operates within the framework of Ukrainian legislation.
- 15.2. The invalidity of any clause or part of this agreement does not lead to the invalidity of the agreement as a whole.
- 15.3. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to reach a settlement of the disputed issue, the Buyer or Seller may apply to judicial authorities for dispute resolution in accordance with current legislation.
- 15.4. The Seller has the right to make changes to the text of this agreement at their own discretion at any time and without prior notice to Buyers. The current (valid) version of the agreement is always available on the Online Store website.
- 15.5. The absence of a signed copy of this agreement on paper between the Seller and the Buyer, with the signatures of the parties, in case of actual payment by the Buyer, is not grounds for recognizing this Agreement as not concluded. Making payment in accordance with the Order placed on the Online Store website is considered the Buyer's acceptance (in accordance with Article 642 and Chapter 54 of the Civil Code of Ukraine) and is the moment the Agreement comes into force.
- 15.6. In case of complaints, the Consumer should contact the Seller's Support Service using the contacts on the page http://shalenna.pro/kontakty.