CONTRACT OFFERS
This Agreement is public, in accordance with Articles 633, 641 of the Civil Code of Ukraine, and its terms are the same for all Users, the unconditional acceptance of which terms is considered acceptance of this offer by the User, for which the Company publishes this Agreement.
Parties:
Company: Individual entrepreneur Atorina Svitlana Ivanivna, operating on the basis of Entry No. 2006280010003009312 dated October 13, 2022 in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations, and
User: An individual acting on his/her own behalf or on behalf of a legal entity that has registered on the Site, on the other hand, hereinafter collectively referred to as the "Parties", and each individually as a "Party", have entered into this Agreement on the following:
BASIC CONCEPTS AND DEFINITIONS OF TERMS
Public offer – an offer of the Company, addressed to any individual in accordance with Article 641 of the Civil Code of Ukraine, to conclude an agreement with him/her, contained in the public offer.
Acceptance – provision by Users of a full and unconditional response to the Company’s proposal to conclude an Agreement on the terms and conditions specified in the public offer, by completing (signing) an application to join the Agreement and/or paying for the ordered Services, which indicates their acceptance of the public offer. User – an individual who has concluded an Agreement with the Company.
A website is a set of integrated software, hardware and technical means, as well as information intended for publication on the Internet and displayed in certain text, graphic or sound forms.
User - an individual who gains access to information posted on the Site.
Site services - site functionalities intended for use by Users.
Internet page (HTML page) - a page of the Site, a set of information materials integrated by software and hardware, including text and graphics, intended for publishing data on the Internet as an integral part of the Site.
Account - the User's authentication and personal data stored on the site's servers.
Personal page - an Internet page created using the software capabilities of the Site as a result of the user obtaining an account containing the Users' Personal Data.
Personal data - reliable, complete and up-to-date information that allows you to carry out the authorization procedure, voluntarily and free of charge placed by the User on the Personal Page. This information is provided by the user or the organizer during the registration procedure on the Site, may contain the User's name, user login, email address and other information that the user considers necessary to provide about himself. Personal data is stored solely for the purpose of ensuring the possibility of authorization on the Site.
Registration (of the User) - the procedure established by the Site Administration and the result of the Site Administration entering personal data and/or other proposed information about the user into the database of registered users, produced for the purpose of identifying the user as a user of the Services. During the registration process, the user is invited to fill out a questionnaire in which the latter indicates authentication and personal data, on the basis of which the Administration provides the user with access to the user's Personal page on the site, and subsequently access to specific Services and/or Events. Based on the results of registration, a user account is created on the Site and the User is allocated a unique number (identifier) of the Personal Account.
Authorization is the process of analyzing the authentication data entered by the User by the software part of the Site, the results of which determine the availability of access rights to the features of the Site and the Personal Page.
Authentication data - a unique identifier of the User, which is used to access the Personal page. Authentication data includes the User's login, password, email address.
Unauthorized access - use of user authentication data by a third party.
Bank card - a payment or credit card, the issuer of which is a financial institution, which is an instrument of non-cash payments, intended for the User (client of the Bank) to carry out transactions with funds held by the Bank in Bank Accounts, or with funds provided by the Bank on credit to its client in accordance with the current legislation of Ukraine, as well as the bank account agreement, or within the established limit, in accordance with the terms of the credit agreement between the Bank and the User, provided that such payment or credit card can be used by the User to pay for an online expert consultation.
Cardholder - an individual who uses a bank card on the basis of an agreement with the issuing bank, or an individual who is an authorized representative of a client of the issuing bank.
Administration - authorized persons of the Company who manage and establish the procedure for using this Site, as well as monitor the implementation of this Agreement by Users.
Company - Individual entrepreneur Atorina Svitlana Ivanivna, who is the copyright holder of the Site.
Rules - terms and conditions of use of the Site, set forth in this Agreement and in the User Agreement, contained on the website https://embroideredgem.com .
Acceptance of the offer - full and unconditional acceptance of the offer by completing registration steps on the Site.
Goods - porcelain, glassware and other goods that are placed on the Site and traded by the Company.
Other terms used in this Agreement are defined in accordance with the interpretations formed on the Internet, business customs and the current legislation of Ukraine.
1.1. This Agreement is an official public offer (hereinafter referred to as the Offer) of the individual entrepreneur Atorina Svitlana Ivanovna, hereinafter referred to as the "Company", and contains all essential conditions for the Company's activities in the field of textile production, outerwear production, textile decoration, retail trade in clothing in specialized stores, non-specialized wholesale trade, retail trade carried out by mail order companies or via the Internet.
1.2. The fact of the User's registration on the site constitutes full and unconditional acceptance (acceptance) of the terms of this Offer.
1.3. The Company acts on its own behalf and at its own expense.
1.4. The Company has the right to accept money from users for content created independently by the Company and posted on the Site by the Site Administration.
2.1. The Company, in accordance with the procedure and under the terms and conditions provided for in this offer, provides Users with the opportunity to use the Site, and the User undertakes to use the Site in accordance with the terms and conditions of the offer.
2.2. The cost of services, as well as the cost of goods published on the site, other significant circumstances are published on the Site https://embroideredgem.com in real time.
3.1. The User may use the Site only if he/she creates an appropriate account on the Site (by completing the registration procedure). The account (registration account) must contain the User's real name, email address and password.
3.2. User registration on the Site is free and voluntary.
3.3. The User is obliged to fully familiarize himself with the terms of this Agreement before registering on the Site. Registration of the User on the Site means full and unconditional acceptance by the User of the terms of this Agreement, namely, acceptance of this offer in accordance with Article 638 of the Civil Code of Ukraine.
3.4. Account registration is carried out by filling out the registration form. The registration form requires the user to indicate their real name, valid email address, and password. After filling out this form, the Company will send a letter to the specified email address containing a link, by clicking on which the User will confirm registration. These actions are mandatory for registration. The User also has the right to register by indicating his account in one of the "social networks", the procedure is specified on the Site.
3.5. After the User's successful registration on the Site, the Company assumes the rights and obligations towards the User specified in this Agreement. The name and password specified by the User are necessary and sufficient information for the User to access the latter's personal page on the Site.
3.6. The User does not have the right to transfer his/her username and password to third parties and bears full responsibility for their storage, independently choosing the storage method. Unless the User proves otherwise, any actions performed using his/her username and password are considered to be performed by the relevant User.
3.7. The User is responsible for the confidentiality of the password. If the User discovers unauthorized access to his account, he undertakes to notify the Company of this circumstance as soon as possible.
3.8. If the User requires a printed copy of the Agreement signed by the Company, the User prints out in two copies the written version of the Agreement provided by the Company upon additional request, having previously entered the User's details into the text (for individuals - full name, passport details and registration address, contact information, e-mail address and login; for legal entities and individual entrepreneurs - account details, legal and actual address, bank details, contact information, e-mail address and login), signs both copies, while the Agreement number is assigned by the Company and coincides with the User's Personal Account number, the place of conclusion of the Agreement is the location of the Company - the city of Kyiv, and the date of the Agreement is the date of acceptance, and sends both copies by mail with a registered letter to the User's postal address or transfers them through the User's designated representative to his actual address (subject to additional approval of the representative's arrival time User with the Company). Having received the Agreement signed by the User, the Company signs and executes it on its part and returns one copy to the User by mail (or delivers it personally to the User's address). When sending by mail, the User's copy will be sent to the postal address specified in the Agreement. In accordance with the terms of the Offer, its text is a changeable document, the current version of which is presented on the Company's Website.
4.1.1. The User has the right to use the Company's Website for the purposes specified in clause 1.1. of this Agreement.
4.1.2. The User has the right to receive quality goods from the Company.
4.1.2. The User has the right to use the Site in any other manner provided by the Company.
4.2.1. The User is obliged to provide accurate information about himself/herself during the process of creating an account (registration) on the Site.
4.2.2. The User undertakes not to reproduce, repeat, copy, sell, or use for any purpose the information and materials made available to him on the Site, except for his personal use.
4.2.3. The User is obliged to maintain in good technical condition his own equipment and communication channels that provide him with access to the Site, to log in to the Site under his account from only one personal computer at a time. The Company is not liable for reasons beyond the Company's control.
4.2.4. The User undertakes to familiarize himself with the current version of the Agreement each time he visits the site before using the Site.
4.2.5. After verifying his/her identity, the User independently undertakes to pay for the purchased Goods in full.
4.3.1. Post on the Site and/or send anywhere through/using the Site (upload, store, publish, distribute, provide access to or otherwise use any information, including links to it) any materials of the following nature:
- that violate the current legislation of Ukraine, international law or the law of foreign countries, that contain threats, slander or insult, that discredit other persons, that violate the rights of citizens to privacy or public order, that are of an obscene nature, that contain obscene language, pornographic images and texts or scenes of a sexual nature, violence, both with and without the participation of minors, that contain scenes of inhuman treatment of animals, that contain a description of the means and methods of suicide, any incitement to commit it or to commit actions that pose a threat to life and (or) health, including causing harm to one's own health;
- violate to one degree or another the honor and dignity and business reputation, rights and legally protected interests of other persons, including the rights of minors;
- promote or contain calls for incitement of religious, racial or inter-ethnic hatred, contain attempts to incite hatred or calls for violence, promote fascism or the ideology of racial superiority, or other social pathologies;
- contain extremist materials that promote criminal activity or contain advice, instructions or guidance on committing criminal acts;
- contain restricted access information, including, but not limited to, state and commercial secrets, information about the private life of third parties;
- contain advertising or describe the appeal of using narcotic substances, including "digital drugs" (sound files that affect the human brain through "binaural beats"), information about the distribution of drugs, recipes for their manufacture and advice on use;
- which are fraudulent in nature;
- other materials whose negative information can harm the health and development of children;
- other materials that incite other persons to unlawful behavior that entails criminal, administrative, civil and other liability or in any way violates the provisions of the current legislation of Ukraine. Any actions of the User that, in the opinion of the Company, restrict or impede the exercise of the rights of another User are not allowed.
4.3.2. Do not post on the Site and do not send through/using the Site any materials that are advertisements for any goods or services without obtaining the prior direct consent of the Company.
4.3.3. Upload, post or otherwise use on the Site any materials protected by the legislation of Ukraine on intellectual property, personal data and other materials protected by law without obtaining the express permission of the owner of the rights to the protected object. In this case, the responsibility for proving that the posting of materials on the Site by the User does not violate the copyright, related and other rights of third parties to the posted materials lies with the User.
4.3.4. Register on behalf of or on behalf of another person.
4.3.5. Mislead about your identity by using the login and password of another registered User.
4.3.6. Distort information about yourself.
4.3.7. By any means, including, but not limited to, fraud, breach of trust, hacking, attempt to gain access to the login and password of another User.
4.3.8. Illegally collect and process personal data of other persons.
4.3.9. Post any other information that, in the opinion of the Company, is undesirable, does not meet the goals of the Site, limits the interests of other persons, or for other reasons is undesirable for posting on the Site.
4.3.10. Use robots, spiders, scrapers and other automatic means of accessing the Site without the written permission of the Company.
4.3.11. Take actions that impose or may impose an unreasonable or disproportionately large load on the Site's infrastructure.
4.3.12. Copy, reproduce, modify, create derivative works, distribute or publicly perform any Content presented on the Site, the programming code that is part of the Site or the services offered on the Site without the prior written consent of the Company and the relevant third party in accordance with the established procedure.
4.3.13. Interfere (attempt to interfere) with the operation of the Site or any actions performed on the Site in ways not expressly provided for in this offer.
4.3.14. Circumvent measures that the Company may use to prevent or restrict access to the Site or any parts of the Site, including devices that prevent or restrict the use or copying of any material or impose restrictions on the use of the Site.
4.3.15. Distribute spam, messages containing a request to forward this message to other users and/or other unwanted information.
4.3.16. Attempt to interfere with or compromise the Site's integrity or security, or decode any transmission from/to the server serving the Site.
4.3.17. Upload incorrect data, viruses or other malicious programs to or through the Site.
4.3.18. Collect and store personal data of third parties, including account name, using technologies or means other than those provided or officially permitted by the developers of the Site.
4.3.19. To form (express) demand and/or offer, as well as to reach an agreement on the performance of works, the result of which will be or in the process of which content will be used that is illegal, harmful, defamatory, offends morality, demonstrates (or is propaganda) of violence and cruelty, violates intellectual property rights, promotes hatred and/or discrimination of people on racial, ethnic, sexual, religious, social grounds, contains insults to any persons or organizations, contains elements (or is propaganda) of pornography, child erotica, is an advertisement (or is propaganda) of sexual services (including under the guise of other services), explains the procedure for the manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons.
4.3.20. Violate the rights of third parties.
4.3.21. Impersonate another person or representative of an organization and/or community without sufficient rights, including employees of the Company, the owner of the site, and use any other forms and methods of illegal representation of other persons on the Internet, as well as mislead users or the company regarding the properties and characteristics of any entities or objects.
4.3.22. Otherwise violate the norms of the current legislation of Ukraine.
4.3.23. The User is responsible for any information that he posts on the Site, communicates to other users, as well as for any interactions with other users, which are carried out at his own risk.
4.4. In case of disagreement of the User with this Agreement or its updates, the User is obliged to refuse to use the Site, informing the Company thereof.
4.4.5. The User enjoys all consumer rights in accordance with the current legislation of Ukraine regulating these relations regarding the provision of services.
4.4.6. All claims regarding the quality of the service provided must be sent by the User to the Company's email address: (you must specify the email address of your website support service), in the form of a scanned copy, with the obligatory subsequent sending of the original to the Company's mailing address specified in this Agreement. The term for consideration of the User's claim by the Company is 10 (ten) business days from the date of receipt of the claim to the Company, after which the Contractor makes one of the following decisions:
- about disagreement with the claim and refusal to satisfy it;
- about consent to the claim and satisfaction of the requirements.
5.1. The Company has the right to modify any software of the Site, to terminate the operation of the Site, if significant malfunctions, errors and failures are detected, as well as for the purpose of carrying out preventive work and preventing unauthorized access to the Site, subject to prior notification to the User through the User's personal page on the Site.
5.2. The Company has the right to use the User's data provided by the latter in any way that does not contradict the legislation of Ukraine.
5.3. The Company has the right to advise the User during the registration/confirmation/payment of the Application, including independently contacting the User at the email address specified by the User when registering on the Site.
5.4. The Company is responsible for storing and processing the User's personal data, ensuring the confidentiality of this data during its processing in accordance with the terms of this Agreement.
5.5. The Company has the right to assign or otherwise transfer its rights and obligations arising from its relationship with the User to third parties, provided that the rights and interests of the User provided for by the Legislation of Ukraine are observed.
5.6. The Company is not responsible for the disclosure of information provided by the User on the pages of the Site in a publicly accessible form.
5.7. In the event of a User's violation of the terms of this Offer, the Company has the right to block the User's account and cancel the User's account with prior notice by e-mail or in the absence thereof.
5.8. The Company is obliged to inform the User about the status of the Application and the fact of successful payment. The fact that the User is informed is the fact of sending an email to the email address specified by the User when registering on the Site, containing confirming information.
6.1. The User gains access to the Site if he has the technical ability to use this access. The User may use various devices to access the Site Services, as provided for by the technical conditions for purchasing goods on the Site.
6.2. The Company has the right to change the web application that provides data exchange and software, as well as to change the requirements for the hardware and software that the User must use to purchase goods on the Site. In the event of any and all such changes, this Agreement shall apply to such changes, except as expressly stated otherwise by the Company.
6.3. Information about specific goods and/or the functional composition of goods, information about the conditions of purchase of these goods, other information or requirements that must and/or may be communicated to the User in accordance with this Agreement or the requirements of the law are considered to be provided to the User in a proper manner if the specified
data:
6.3.1. published on the Company's Website;
6.3.2. notified to the User upon conclusion of the Agreement in the text of the Agreement (as of the moment of conclusion of the Agreement);
6.3.3. brought to the attention of the User by means of electronic messages sent to the User by the Contractor via the Internet;
6.3.4. printed in the Company's advertising and information materials;
6.3.5. notified to the User when he/she contacts the Company's contact addresses and telephone numbers;
6.3.6. brought to the attention of the User by other means available to the Contractor, including through the media (advertising).
6.4. Types and methods of payment for the purchase of goods are presented on the Site at the link: https://embroideredgem.com .
6.5. The submission of an Application using the Site is confirmed by information (accounting) records of the connection control and cost accounting (billing) software within the Site.
6.6. Unless otherwise provided for in this Agreement, sufficient evidence of the actions performed by the User will be information (accounting) records on the servers that ensure the operation of the Company's Website, regardless of the method and/or technical device by which they were performed.
6.7. The time of performance of any actions (agreements) within the framework of the Agreement is Kyiv time, determined based on the data of accounts on the servers that provide the operation of the Company's Website, unless a different procedure for determining time has been additionally stipulated in the agreements between the Parties.
6.8. This offer agreement cannot be changed by the Company if the User has already accepted the offer and registered on the website.
7.1. Taking into account that when concluding this Agreement, the Parties become aware of personal data (hereinafter referred to as PD) of individuals, in order to comply with the provisions of the Law of Ukraine "On Personal Data Protection", individuals, by signing this Agreement:
- confirm that they have consented to the collection, processing, accumulation, storage, dissemination and destruction of personal data (hereinafter referred to as PD) of the Parties to this Agreement;
- confirm that they are informed about their rights (in accordance with Article 8 of the Law of Ukraine "On Personal Data Protection") and about the purpose of collecting personal data.
- fully understand that the information provided is personal data, i.e. data used to identify representatives of the Parties and agree that such data is processed (stored) by the Parties for further use in accordance with the Commercial, Civil, Tax Codes of Ukraine, the Law of Ukraine "On Accounting and Financial Reporting" and for the implementation of business relations between the Parties.
7.2. The User's personal data is stored and processed by the Contractor in accordance with the procedure provided for in this Agreement, throughout the entire term of the Agreement and for 3 (three) years from the date of its termination.
7.3. The Company's Website uses cookies and other technologies to monitor the use of the Company's services. This data is necessary to optimize the technical operation of the Website and improve the quality of service provision. The Website automatically records information (including URL, IP address, browser type, language, date and time of request) about each visitor to the Website, as well as the facts of using the webinar software. The Company may combine Personal Data received from the User with information (including demographic, geographic, educational, employment, information about the number of visits to the Website, total time spent on the Website) obtained from other services on the Company's websites or from independent sources in order to improve the quality of service provision. The User may refuse to provide personal data when visiting the Website or disable cookies, but in this case not all functions and services included in the Website may not work correctly.
7.4. The confidentiality terms provided for in this Agreement apply to all information that the Company may obtain about the User during the latter's stay on the Site and use of the Site.
7.5. Information publicly disclosed by the Parties during the period of execution of this Agreement, as well as information that may be obtained by the Parties or third parties from sources that are freely accessible to any person, is not confidential.
7.6. The Company takes all necessary measures to protect the confidentiality of Customers' personal data from unauthorized access, alteration, disclosure or destruction, including:
- ensures constant internal verification of data collection, storage and processing processes and security;
- ensures physical data security, preventing unauthorized access to technical systems that ensure the operation of the Site, in which the Company stores personal data;
- provides access to personal data only to those employees of the Company or authorized persons who need this information to perform duties directly related to the provision of services to the User, as well as the operation, development and improvement of the Site. Such persons are bound by confidentiality obligations to the Contractor and may be subject to penalties, including termination of the contract and legal proceedings, if they violate these obligations;
- The Company processes personal data, including that transmitted during authorization sessions on the Site and sessions of using other services of the Site, on the servers of communication service providers operating in accordance with the legislation of Ukraine and other countries. The Company informs users about the most significant changes in the methods of protecting collected personal data by posting a message on the User's personal page on the Site or by e-mail.
7.7. The Company never requires the User to provide any credit card number or PIN code for credit or other money cards. In the event of such requests (on the Site or in the form of electronic messages), the User must immediately stop using the Site and notify the Company of this at the address specified in this Agreement.
7.8. The Company never sends the User electronic requests asking them to specify, confirm or in any other way notify the Company or the Organizer of the password specified by the User during registration. The password is stored on the Site in encrypted form.
7.9. In the event that the User loses the authentication data for accessing the Site, or if it is necessary to change the name or e-mail address specified by the User during registration, the User may be re-notified of the lost data and/or the e-mail address may be changed personally by the User using the Site services, as well as by the Contractor upon the User's written request, indicating in such a request the User's full name and/or the Contract number (personal account), as well as providing a copy of the payment document confirming the User's payment for the goods (payment order, check, etc.) to the request. The User shall be notified of the lost data at the e-mail address specified by the User during registration or in the User's request, and the Company shall do everything possible to provide the User with access to his personal data upon request, the opportunity to correct them (if they are incorrect) and, if necessary, delete them.
8.1. The Company may own patents, patent applications, trademarks, copyrights, related and other exclusive or non-exclusive rights to the results of intellectual activity relating to the content of all and/or any pages of the Site. Providing the User with access to the pages of the Site does not mean that the User is granted any license to use the Company's intellectual property. All rights, except those expressly granted to the User by this Agreement, are reserved by the Company.
8.2. Any software available on the Site for download is the intellectual property of the Company and/or its partners.
9.1. Prices for the Company's goods, the form and procedure for payment are indicated on the Company's Website https://embroideredgem.com .
9.2. The moment of payment is considered the receipt of funds to the Company's current account.
9.3. Payment is made in cashless form through the electronic payment system on the Site. The acquiring bank or other financial institution that issued the payment instrument, or is the operator of the payment system through which the User makes the payment, is responsible for the storage and protection of payment instrument data, as well as for making the payment. Payment in cashless form using payment instruments is considered to be made at the time of crediting funds to the Owner/Supplier's account and the User receives electronic confirmation of the transaction from the payment system operator, subject to further crediting (receiving) funds in the amount of the cost of the Goods selected by the User.
9.4. When making a payment, acquiring is carried out in favor of the acquiring bank, or other financial institution that issued the payment instrument, or the operator of the payment system through which the User makes the payment.
9.5. The User's refusal to order, return of goods and refund of funds (payment for goods) are carried out in accordance with the requirements of the current legislation of Ukraine.
- RESPONSIBILITY OF THE PARTIES
10.1. The Company's liability under this Agreement is limited by setting a maximum amount of damages subject to compensation. Such maximum amount of damages may not exceed 100% of the cost of the relevant goods. The Company is not liable for indirect or consequential damages, lost profits, loss of business reputation of the User, etc.
10.2. If the User, for reasons beyond the Company's control, does not receive the goods, the Company's obligations are considered to have been provided properly, in full and on time, and the funds paid by the User are not refundable.
11.1. The Parties are exempt from liability for partial or complete failure to fulfill their obligations under this Agreement if their fulfillment is prevented by an extraordinary and unavoidable event under the given conditions (force majeure), as defined in the legislation of Ukraine. In this case, the term for fulfillment of obligations under the Agreement is postponed in accordance with the time during which such circumstances existed.
11.2. If the circumstances specified in clause 11.1 of this Agreement last for more than 30 (thirty) calendar days, each Party has the right to terminate this Agreement by notifying the other Party in writing 10 calendar days prior to the date of termination.
12.1. In the event of non-fulfillment or improper fulfillment of obligations under this Agreement, the Party whose right has been violated shall send a written claim (demand) to the other Party.
12.2. All disputes that may arise in connection with the performance by the Parties of their obligations under this Agreement must be resolved through negotiations.
12.3. If the Parties cannot reach an agreement, all disputes and disagreements that may arise from or in connection with this Agreement shall be subject to consideration in the appropriate court, in accordance with the current legislation of Ukraine.