1. General provisions
1.1. This document is an open offer (Offer) from FOP Babiy Ihor Leonidovych, USREOU code 2613710412 (hereinafter - the Contractor), addressed to any individual (hereinafter - the Customer) in accordance with the articles of the Civil Code of Ukraine specified in p. 1.3. to enter into an Agreement with the Customer on the terms contained in the public offer (hereinafter - the Agreement).
1.2. The Artist owns the property and intellectual property rights to the Website, and the goods and services (copyrighted photographs, photo frames and accessories, books, catalogs, master class scripts, etc.) offered on it, hereinafter referred to as online. VarrIng service, located at www.varring.art and https://varring.art/
1.3. Pursuant to Articles 205, 633, 638-642 of the Civil Code of Ukraine, in case of acceptance of the conditions set forth in the Offer, the person accepting the Offer becomes a Customer of the online service VarrIng (acceptance of the Offer is equivalent to concluding the Agreement on the terms set forth in the Offer).
1.4. The provisions of this public contract (offers) are posted on the Internet
in Ukrainian – https://varring.art/ua/offerta
and in English – https://varring.art/en/offerta
2. Terms and definitions
2.1. VarrIng online service is a website consisting of programmable modules and templates filled with text and graphics that look like dynamic and static pages available on the Internet, which are combined software, content, navigation under a single domain name: VarrIng.art
2.2. The administrator of the online service is personally the Contractor, or a person authorized by him, who has been granted the right to administer the online service. It also includes an administrator who performs a set of technical work on the programming of web modules and templates of the online service, support for the correct software of the online service, and more.
2.3. The domain name of an online service is a part of the hierarchical namespace of the Internet, which is served by a group of servers of the domain name system (DNS-servers) and centrally administered. The domain name of the Customer's online store is not administered by the Administrator.
2.4. A visitor to the VarrIng online service is an individual, individual entrepreneur or legal entity that browses the web pages of the VarrIng online service on the Internet.
2.5. Customer - a natural person, individual entrepreneur or legal entity that has registered in the online service VarrIng and received appropriate access to the control panel of the Customer to use services and make purchases on the online service VarrIng, selected goods (services) and performed pay for it.
2.6. Customer's control panel is a part of the software of the online service VarrIng, which is designed to perform all necessary actions by the Customer to select, purchase, supply the selected product or service.
2.7. Carrier - a natural or legal person who carries out transportation or transportation (supply) of goods from the Contractor to the Customer.
3. Subject of the Agreement
3.1. By concluding this Agreement, the Customer fully accepts the terms and conditions of ordering on the online service VarrIng, payment for goods or services, delivery of goods, return of goods (if necessary), liability for unscrupulous order and all other terms of this Agreement. The Contract is considered concluded from the moment of clicking the "Confirm Order" button on the ordering page in the "Basket" section and receiving the Contractor's confirmation of the order in electronic form from the Customer.
3.2. The Contractor undertakes to transfer ownership of the goods or services to the Customer, and the Customer undertakes to pay for and accept the goods or services under the terms of this Agreement.
3.3. The date of concluding the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Customer of the Agreement is the date of filling in the Order form on the VarrIng online service, provided the Customer receives the order confirmation electronically from the Contractor. If necessary, at the request of the Customer, the Agreement may be executed in writing.
4.1. The customer places an order for the purchase of goods or services in the online service VarrIng through the form "Cart".
4.2. The Contractor has the right to refuse to fulfill the order if the information provided by the Customer during the order is incomplete or a suspicion of their validity, or there is no confirmation of payment for the selected product or service in the online service service VarrIng.
4.3. When placing an order on the website of the online service VarrIng, the Customer undertakes to provide the following mandatory information required by the Contractor to fulfill the order:
4.3.1. Surname, name of the Customer;
4.3.2. Full settlement and full address to which the goods should be delivered (if delivery to the Customer's address);
4.3.3. Contact phone, e-mail.
4.3.4. Identification code for a legal entity or an individual entrepreneur.
4.4. The name, quantity, complete set, the price of the goods or services chosen by the Customer are specified in the Executor's basket on the website of the VarrIng online service.
4.5. If either Party requires additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Customer, the Contractor is not responsible for providing quality service to the Customer when purchasing goods or services in the online service VarrIng.
4.6. When placing an order through the Administrator of the Contractor (paragraph 4.1. Of this Offer), the Customer undertakes to provide the information specified in paragraphs 4.3 - 4.4. of this Offer.
4.6. The Buyer 's acceptance of the terms of this Offer is made by the Buyer entering the relevant data in the registration form on the website of the online service VarrIng or when placing an order through the operator. After placing the Order through the operator, the data on the Customer are entered into the database of the Contractor.
4.7. The Customer is responsible for the accuracy of the information provided when placing an order.
4.8. By concluding the Agreement, ie accepting the terms of this offer (proposed terms of purchase of the Goods or services), by placing an Order, the Customer confirms the following:
a) The customer is fully acquainted with and agrees to the terms of this offer (offer);
b) it gives permission for the collection, processing and transfer of personal data, permission for the processing of personal data is valid throughout the term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the contract, the Customer confirms that he is informed (without additional notice) about the rights established by the Law of Ukraine "On Personal Data Protection", the purposes of data collection, and that his personal data is transferred to the Contractor of this Agreement, the possibility of mutual settlements, as well as to obtain invoices, acts and other documents. The Customer also agrees that the Contractor has the right to provide access and transfer his personal data to third parties without any additional notice to the Customer in order to fulfill the Customer's order. The scope of the Customer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood.
5. Price and receipt of goods or services
5.1 Prices for goods and services are determined by the Contractor independently and indicated on the website of the online service VarrIng. All prices for goods and services are listed on the site in UAH without VAT. For the convenience of the Customer's use of settlements, the value in UAH in the calculation calculator can be converted into international currencies, at the request of the Customer.
5.2 Prices for goods and services may be changed by the Contractor unilaterally depending on the settings of the cost calculator and market conditions. In this case, the price of a single unit of goods or services, the cost of which is paid by the Customer in full, may not be changed by the Contractor unilaterally.
5.3. The cost of delivery of the goods the Customer pays according to the specified cost, according to the chosen method of delivery.
5.4. The Contractor may indicate the cost of delivery of the goods to the Customer's address when the Customer addresses a request to the Contractor by sending an e-mail or when placing an order through the Administrator of the online service VarrIng.
5.5. The Customer's obligations to pay for the goods are considered fulfilled from the moment of receipt of funds from the Contractor's account.
5.6. Payments between the Customer and the Contractor for the goods or services are made in the ways specified in the section "Payment and Delivery" on the online service VarrIng
5.7. Upon receipt of the goods, the Customer must, in the presence of a representative of the delivery service (carrier), check the conformity of the goods to qualitative and quantitative characteristics (name of goods, quantity, completeness).
5.8. The customer or his representative during the acceptance of the goods confirms his signature in the goods receipt and / or in the order / or in the consignment note for delivery of goods, which has no claims to the quantity of goods, appearance and completeness of goods.
5.9. The right of ownership and the risk of accidental loss or damage to the goods passes to the Customer or his Representative from the moment the Customer receives the goods anywhere.
6. Rights and obligations of the Parties
6.1. The Contractor is obliged to:
6.1.1. To transfer the goods to the Customer, or to provide the service in accordance with the terms of this Agreement and the terms of the order.
6.1.2. Insure the goods at full cost when sending the goods to the Customer.
6.1.3. Do not disclose any private information about the Customer and do not provide access to this information to third parties, except as provided by law and during the execution of the order by the Contractor.
6.2. The Contractor has the right to:
6.2.1 Change the terms of this Agreement, as well as prices for goods and services, unilaterally by posting them on the website of the online service VarrIng. All changes take effect from the moment of their publication.
6.2.2. In the production and design of goods, in the absence of declared on the online service VarrIng materials from suppliers, use similar quality materials or accessories, in accordance with the specified configuration when buying the goods by the Customer.
6.3 The Customer undertakes:
6.3.1 Before concluding the Agreement, read the content of the Agreement, the terms of the Agreement and the prices offered by the Contractor on the online service VarrIng.
6.3.2 In order for the Contractor to fulfill its obligations to the Customer, the Customer shall provide all necessary information that uniquely identifies him as the Customer and is sufficient for delivery of the ordered goods to the Customer.
7. Return of goods
7.1. The Customer has the right to reimbursement in full of the value of the goods, and return to the Carrier or the Contractor of the purchased goods, if it was damaged during transportation. In this case, the customer must refuse to receive the goods. In this case, the Customer in the presence of the Carrier, and under his signature must draw up an Act, which will record the detection of damage, as well as draw up all relevant documents of the Carrier to obtain insurance indemnity from the Carrier and return damaged goods. In case of non-execution of documents or other actions that will lead to the impossibility of obtaining insurance indemnity by the Contractor, the Customer is obliged to receive the damaged goods or refuse to refund the funds paid for this goods.
7.2. In case of proper execution by the Customer of all documents from the Carrier, and receipt of insurance indemnity by the Contractor from the Carrier to his account, refund to the Customer of funds paid to the Contractor for the goods shall be made by the Contractor within 10 (ten) calendar days.
7.3. The cost of the goods is subject to return by bank transfer to the Customer's account.
7.4. The Customer is informed by this agreement that in accordance with the Resolution of the Cabinet of Ministers of Ukraine of March 19, 1994 № 172 "On the implementation of certain provisions of the Law of Ukraine" On Consumer Protection ", approved a list of goods of good quality not subject to exchange (return). the list includes photo paper.
7.5. Under this agreement, the customer undertakes to use the goods, subject to reservations that may adversely affect the operation of the purchased goods.
7.6. Consideration of the requirements provided by the Law of Ukraine "On Consumer Protection" is carried out by the Contractor provided that the Customer provides the documents provided by current legislation of Ukraine. The Contractor shall not be liable for defects of the goods that arose after its delivery to the Customer due to violation by the Customer of the rules of use or storage of the Goods, actions of third parties or force majeure.
7.7. The customer has no right to refuse the goods of proper quality, if the specified goods meet all the characteristics and configurations that were specified when buying this product on the online service VarrIng.
7.8. Return of goods, in the cases provided for in this Agreement, is carried out at the address specified on the website in the "Contacts" section.
8.1. The Contractor and the Customer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
8.2. The Contractor shall not be liable for improper, untimely execution of the order and its obligations in the event that the Customer provides inaccurate or erroneous information.
8.3. The Contractor shall not be liable for damage caused to the Customer or third parties as a result of improper installation, use, storage of goods purchased from the Contractor.
8.4. The Customer is liable for damage caused to the Contractor in case of late receipt of goods, creating obstacles for the Carrier, for timely delivery of goods, non-payment of customs services, services for storage of goods in the Carrier's warehouses and other payments necessary to receive goods beyond their competence. Artist.
8.4. The Contractor or the Customer shall be released from liability for full or partial non-performance of its obligations if the non-performance is the result of force majeure such as war or hostilities, earthquake, flood, fire and other natural disasters that occurred regardless of the Contractor's will and / or Customer after the conclusion of this Agreement. A Party that is unable to fulfill its obligations shall immediately notify the other Party.
9. Confidentiality and protection of personal data
9.1. By providing his personal data on the online service VarrIng when registering or placing an Order, the Customer gives the Contractor his voluntary consent to the processing, use (including transfer) of his personal data and other actions under the Law of Ukraine "On Personal Data Protection" ", Without limiting the validity of such consent.
9.2. The Contractor undertakes not to disclose the information received from the Customer. It is not considered a violation of the Contractor to provide information to contractors and third parties acting on the basis of an agreement with the Contractor, including to fulfill obligations to the Customer, as well as in cases where disclosure of such information is required by current legislation of Ukraine.
9.3. The customer is responsible for keeping his personal data up to date. The Contractor shall not be liable for poor performance or non-performance of its obligations due to the irrelevance of information about the Customer or its inconsistency with its validity.
10. Use of intellectual property rights
10.1. VarrIng online service, goods and services sold on it, which includes online control panel services, software products, databases, images, text materials and other objects of copyright and / or related rights, as well as patent rights, trademarks, trade names and trade names, and other parts (whether or not they are part of the online service VarrIng, or whether they may be removed and used separately. ) (hereinafter - Objects of intellectual property rights), are protected in accordance with the Law of Ukraine "On Copyright and Related Rights" and other legislative acts in the field of intellectual property protection, and belong to the Contractor on exclusive rights, unless otherwise specified in the notice of rights .
10.2. Customer has no right to distribute, modify, modify, adapt, translate, compile, decompile, reverse, create derivative works, attempt to disclose source code, copy, analyze data, use the code of the Online Service VarrIng, including in a way that is not provided for its functional purpose, to carry out any other improper use of the Objects of intellectual property rights of the Online Service VarrIng without the written permission of the Contractor.
10.3. In case of violations of intellectual property rights or current legislation of Ukraine, the Administrator has the right to block access to the Online Service VarrIng, the personal account of the Customer on the Online Service VarrIng. Provide all necessary information about the Customer to lawyers, law enforcement agencies and other persons, which is necessary to establish the type of offense committed by the Customer and to compensate the Contractor.
11. Other conditions
11.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
11.2. All disputes arising between the Customer and the Contractor shall be resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Customer and / or the Contractor have the right to apply to the courts in accordance with applicable law of Ukraine.
11.3. The Contractor has the right to amend this Agreement unilaterally in accordance with paragraph 5. of the Agreement. In addition, amendments to the Agreement may also be made by mutual agreement of the Parties in the manner prescribed by current legislation of Ukraine.