Даний документ є офіційною пропозицією (публічним договором) відповідно до ст. 633 Цивільного Кодексу України. Цей договір є публічним та, згідно ст. 633 і 641 Цивільного кодексу України. Його умови однакові для всіх споживачів. Беззастережне прийняття умов договору (оплата будь-яким способом відповідно до ч.2 ст. 642 Цивільного кодексу України) вважається акцептом даного Договору між Покупцем і Продавцем та засвідчує факт його укладання.
Definition of terms
1. Public offer agreement (offer) – an agreement publicly concluded between the Seller and the Buyer on the terms of sale of goods and / or provision of services;
2. Buyer – any capable natural person who at the time of conclusion of the Agreement is 18 years old, or a legal entity or an individual entrepreneur who, on the basis of the Public Offer Agreement concluded with the Seller, will purchase goods and / or services and pay for them;
3. The Seller is a legal entity or an individual entrepreneur who places on the Site information about goods and / or services sold by him. testifying to or confirming the fact of the transfer of the Goods and / or services to the Buyer (act of acceptance and transfer, confirmation of a successful bank transaction, etc.), and any other documents that can confirm the fact of transfer of the Goods and / or services to the Buyer;
4. Administration – administration of the website of the online store https:// shulika.cloud is represented by an individual entrepreneur Olena Samaraska (EDRPOU code: 3081708086), with legal registration at the address: Kyiv, Ukraine 01054;
5. User – an individual who has reached the age of 18, endowed with full civil capacity, using this Site and / or its individual tools and modules, and agreed to the terms of the Offer;
6. A website is a web site owned by the Site Owner, which contains an up-to-date list of goods and / or services, at the URL: shulika.cloud;
7. Goods – goods and / or services, or other tangible or intangible objects, information about which is presented to the Website as an offer in the “Store” section;
8. Document for goods and services – a settlement document (commodity or cash receipt, including in electronic form, a message from a financial institution or payment system about a successful transaction, receipt, etc.), which the Buyer receives based on the results of payment for goods and services in order to receive them from the Seller;
9. Order – request of the User using communicative functions and / or contact details specified on the Website regarding the purchase of goods and / or services; as well as the avarice of goods and / or services specified in such an appeal;
10. Payer – the person who pays for the Order;
11. Recipient – payer of the order, or another person indicated by the Payer in the order form as the recipient of the purchased goods and/ or services;
12. Offer – information about the goods and/or services posted by the Seller on the Website, which include information about goods and/or services, prices, payment methods and delivery or transfer of data, information about promotional offers, as well as other conditions for the purchase of goods and/ or services;
13. Parties – Seller / Administration and Buyer / User / Payer.
Detailed information
1. General provisions:
1.1. This Agreement regulates the procedure for the User’s access to information about goods and / or services posted on the Website, as well as the possibility of selling and transferring such goods and / or services to the User;
1.2. This Agreement is a public offer. Using the materials and tools of the Website, the User is considered to be familiar with and accepts the terms specified in the agreement. Placing an Order on this site indicates the full and unconditional acceptance of the Agreement by the User (in accordance with Articles 614 and 642 of the Civil Code of Ukraine);
1.3. The information about goods and/or services displayed on the https://shulika.cloud Website is dynamic. This means that the information can be updated, changed, supplemented, deleted by the Administration at any time without prior notice to the User. The Administration of the Website has the right to make corrections and clarifications in the terms of this Agreement;
1.4. The offer on the Site is not an offer. After reviewing the Offer, the User may offer an offer to the Seller by placing an Order and filling out the appropriate form. Such placing an Order by the User is considered to be his offer for the purchase of the Goods on the terms specified in the Offer;
1.5. The offer is considered to be accepted by the Seller if the latter has performed the actions provided for by the offer, namely: he actually provided the Goods, started performing services, provided an invoice for payment for the ordered Goods and / or services;
1.6. The Seller has the right to offer other conditions for the sale (provision) of Goods and / or services when placing an Order by the User on the Site. In this case, such an offer will be considered a counter offer and must be accepted by the User. Acceptance of a counter offer is considered to be the actual receipt by the User / Buyer of the Goods on the conditions provided for by the counter offer. The Seller has the right to withvoise the counter offer until the receipt of the goods and / or services by the Buyer;
1.7. The agreement of all substantive terms of the Agreement by both Parties is the payment and/ or actual receipt of the Goods by the Buyer, and the transfer of this Goods by the Seller.
2. Product information:
2.1. Information about the Goods and/or services is provided by posting a relevant description on the Website, as well as at the additional request of the User in writing or telephone conversation. The User gives his consent to receive information and understanding of the Goods using the specified remote description;
2.2. The subject of sale (Product and/or service) on the shulika project https://shulika.cloud website are audial images, the physical carrier (representation) of which are white T-shirts with slogans of the corresponding images, written in black text and font used on the Site of this project, as well as its logo. critters of space, time and sound;
2.3. The User can get acquainted with the content of the Goods and / or services in the relevant description presented on the site. The User agrees to the conditional nature of this description, and descriptive information for preliminary acquaintance.
2.4. If it is necessary to obtain additional information and clarifications about the Goods and / or service, the User / Buyer must contact the Seller by the time of the Order;
2.5. Information about the Goods and/or services provided to the Buyer/User cannot be regarded as advertising;
2.6. Prices for goods and/or services specified in the Offer are not fixed and can be changed by decision of the Administration. In case of price change in the process of placing the Order by the Buyer, the Seller has the right to provide the Goods and / or service at the previous price, or refuse the User to provide the Goods and / or services in the form of a written notice and by refunding funds in case of a successful bank transactio;
2.7. The terms and conditions specified in the Offer on the Site are considered preliminary conditions for the purchase of goods and / or services, and can be changed by the Seller, including after accepting the Order for execution. Specific conditions for the sale of goods and/or services may be changed by the Seller until the transfer of the Goods and/or services to the Buyer/Recipient;
2.8. The Administration / Seller is not responsible for the conditions (including technical), process and results of use of the Goods, as well as any moral or material losses of the Buyer as a result of the use of goods and / or services presented and purchased on the Site. The Buyer undertakes to fully and thoroughly read the purchased Goods for its further use and is consciously responsible for the choice made.
3. Rights and obligations of the parties:
3.1. The User undertakes to carefully read this Agreement. If the User does not agree with its terms, the User must stop using the Website;
3.2. The User agrees not to perform actions that may be regarded as violating the current legislation of Ukraine or international law, including in the field of intellectual property, copyright and related rights, as well as any actions that may lead to violations in the normal operation of the Website and its services;
3.3. The use of materials posted on the Website without the written permission of the Administration is not allowed. For the legitimate use of the materials of the Website and the submitted Proposal, an agreement with the authors / administration of the SHULIKA project, as well as links to the Site, are mandatory;
3.4. In case of citation of materials of the Website, including description of goods and/or services, author’s texts, combinations of texts, images and musical samples, a link to the Website is mandatory;
3.5. Comments and other user records on the Website are not provided;
3.6. The User is warned that the Administration is not responsible for visiting and using external resources, links to which may be contained on the Website;
3.7. The User understands and agrees that any materials or services of the Website and/or parts thereof may be accompanied by advertising. The User agrees that the Administration does not bear any responsibility and obligations related to such advertising;
3.8. In case of claims on the part of the Buyer, the latter has the right to express them in writing to the Seller. The seller has the right to consider claims within 7 working days;
3.9. If it is necessary to express other kinds of comments on the part of the Buyer, including additional requests, technical questions and questions of a conceptual nature, the Seller has the right to refrain from answering (including, if any, in descriptive and administrative information on the Site), or to answer if possible and ethically at the specified working time. Any communication is maintained by the Seller or the Site Administration in writing e-mail correspondence;
3.10. In the event of force majeure circumstances, the parties shall be exempted from fulfilling the terms of this Agreement. Force majeure circumstances for the purposes of this Treaty shall mean events of an extraordinary, unforeseen nature which exclude or objectively impede the implementation of this Treaty, the occurrence of which the Parties could not foresee and prevent in reasonable ways;
3.11. In cases not provided for in this Agreement, the Parties shall be liable, established by the current legislation of Ukraine, the norms of international law, and generally accepted norms of morality and ethics.
4. Confidentiality and protection of information:
4.1. The User/Buyer gives his/her consent to the Administration/Seller for the collection, processing, accumulation, storage and use of his personal data (surname, first name, patronymic, e-mail address, mobile phone number and other personal data necessary for the sale of financial settlements in the sale and purchase of these Goods and / or services), as well as their transfer to third parties solely for the purpose and within the framework of ensuring the Seller’s performance of duties, assigned to it in accordance with the terms of this offer;
4.2. The Administration/Seller has the right to send information, including advertising messages, to the Buyer’s e-mail and mobile phone with his consent. The Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal, sending a written application for refusal to receive advertising and other information to the Administration / Seller at the address indicated on the Website. Service messages informing the Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the Buyer;
4.3. The Administration / Seller has the right to use the technology of “Cookies” on this Site;
4.4. The Seller has the right to record telephone conversations with the Buyer, having previously informed the Buyer about such a record. At the same time, the Seller undertakes: to prevent attempts to unauthorized access to information received during telephone conversations and / or transfer it to third parties who are not directly related to the execution of orders, in accordance with the Law of Ukraine of 02.10.1992 No. 2657-XII “On Information”;
4.5. The Buyer has the right to request correction of data about himself, their deletion, and obtaining information about the conditions for granting access to his personal data, in particular information about third parties to whom such data are transmitted, and other rights and obligations related to personal data provided for by the current legislation of Ukraine.
5. Other terms:
5.1. The website may be temporarily partially or completely inaccessible due to technical, preventive or other work, or for any other technical reasons;
5.2. For all matters that are not provided for by the terms of this offer, the Parties are guided by the current legislation of Ukraine, the norms of international law, and generally accepted norms of morality and ethics;
5.3. In case of refund paid by the Buyer or payer for the purchased Goods and/or services by money transfer through the relevant companies providing cash transfer services, the Buyer or the Payer undertakes to pay the cost of money transfer services.
6. Term of the contract:
6.1. This Agreement enters into force from the moment of its acceptance by the User – in accordance with paragraph 1.2 of this Agreement and is valid until the Parties fulfill their obligations in full;
6.2. The Parties have the right to terminate the Agreement by mutual agreement, but until the actual provision of the Goods.