Use of this website, including the completion of various forms, applications, as well as your order of goods / services using this site means your consent to the terms of this public contract.
Terms used in this agreement:
Administration – the administration of the website of the online store https://handcrafts.orphan-club.com
Website – an online store website https://handcrafts.orphan-club.com, including all web pages.
A transaction – is a user agreement.
Seller – a legal person or an individual entrepreneur who places information on the Website about the goods / services sold by him.
Goods – goods, services, works, property rights, other tangible and intangible objects, information about which is posted on the Website.
User – a person who views the information on the Website and / or orders and / or receives the Goods using the tools of the Website. The Recipient and the Payer are Users.
Order – the User’s appeal through the Site to the Seller with a request to sell the Goods, as well as a set of Goods ordered by the User.
Payer – a person who pays for the Order.
Recipient – a person specified by the Payer as a person authorized to receive the Goods under the Order. Unless otherwise specified in the Order form, the Recipient is the Payer.
Verification – is a verification of the Client’s personal data, in which the request is routed through the Website. By entering the correct Login and Password by the User and confirming with the One-Time Password of the Site, the Site allows entering the User’s Personal Account on the Website.
Personal account – Registration of the User is carried out by filling in the registration form, after which he gets access to the “Personal account”.
Offer – information posted on the Website about a specific product that can be purchased by the consumer. The offer includes: information about the product itself, information about its price, methods of payment and delivery, as well as other conditions of purchase of the Product by the consumer. The terms of the Offer are determined by the Seller. The offer is not an proposal, but only information about the possible conditions of purchase of the Goods.
1. General conditions of use of the Website.
1.1. The Website is a platform for placing offers for the sale of Goods by Sellers.
1.2. This Agreement is a public offer. By accessing the materials of the Website, the User is considered to have acceded to this Agreement.
1.3. The Administration of the Website has the right to unilaterally change the terms of this Agreement at any time. Such changes take effect from the moment the new version of the Agreement is posted on the website.
1.4. The offer on the Website is not a proposal. However, the User after reading the Offer has the right to make an offer to the Seller (Sellers) by filling out the Order form. Completion of the Order form is considered an offer of the User to the Seller (Sellers) for the purchase by the User of the relevant Goods under the conditions specified in the Offer.
1.5. The User understands that his offer is forwarded by the Administration to the Seller specified by the Administration.
1.6. The offer is considered accepted by the Seller if the latter has performed actions that indicate acceptance of the User’s offer, namely: actually shipped the goods, started providing services or performing works in accordance with the conditions provided by the User’s offer.
1.7. After receiving the offer of the User, the Seller has the right to offer to purchase the Goods on other terms than provided by the offer of the User. In this case, such an offer is considered a counteroffer and must be accepted by the User. Acceptance of the counteroffer is considered to be the actual receipt by the User (Recipient) of the Goods on the terms stipulated by the counteroffer. The Seller has the right to withdraw such counteroffer until the moment of delivery of the goods to the Buyer.
1.8. The sufficient proof of acceptance of the offer by the Seller or the counter offer (i.e. agreement by the Parties of all essential conditions of sale of the Goods) is the actual receipt and acceptance of the Goods by the Recipient.
1.9. It is not considered acceptance by the Seller of the User’s Offer of the direction by the Seller and / or Administration by means of electro technical (sms-informing, e-mail, phone, etc.) or other communication of the Seller’s / Administration’s notice of receipt of the User’s Order receipt and / or the price of the Goods. This message is exclusively a notice of receipt by the Seller of the User’s offer (but not of its acceptance) and contains a reproduction of the terms of the offer provided by the User.
1.10. The only way of compensation provided to the User in case of non-compliance with the actual conditions of sale of the offer is to give the User (Recipient) the right to refuse to receive and accept the goods and demand a refund of the cost paid for it, as well as the cost of delivery of the Goods to the point of issue (if the amount was actually paid by the Payer).
1.11. The moment of receipt and acceptance of the Goods by the Recipient is the moment (depending on which came earlier):
– signing by the Recipient of the act of acceptance and transfer of the Goods (or other equivalent document confirming the fact of transfer of the Goods to the Recipient), or
– signing by the Recipient of the carrier’s documents confirming the fact of receipt of the shipment containing the Goods, or
– the actual receipt by the Recipient of the Goods and the Recipient’s actions indicating acceptance of the Goods (the Recipient received the Goods and left the point of delivery of the goods, etc.).
1.12.1. The information about the Goods is contained on the Goods, its packaging, in the accompanying documents for the Goods. Information about the product can also be provided remotely (by phone, by posting information about the product on the Website). The user confirms his consent to receive information about the product by means of remote communication +380678207550.
1.12.2. If it is necessary to obtain additional information about the goods, the Recipient is obliged to contact the Seller and receive the necessary information by means of remote communication until the Recipient accepts the Goods.
1.12.3. The price for the Goods specified in the Offer is approximate. The price of the Goods agreed by the Parties in accordance with paragraphs 1.4.-1.8. The Agreement may be changed by the Seller until the Goods are delivered to the Recipient.
1.12.4. In case of change of the price of the Goods, in comparison with the agreed Parties, according to item 1.4. – 1.7. The terms of the Agreement, the Recipient has the right to refuse to receive and accept the Goods. In this case, the Recipient (Payer) has the right to demand the return of the amounts paid for the Goods, as well as the amounts paid for the delivery of the Goods to the Recipient. Any other compensation (including damages, penalties, etc.) – is not provided by the Seller or the Administration.
1.12.5. The User has the right to return the Goods of proper quality or exchange them for another within 14 days from the date of purchase of the Goods in the presence of appropriate supporting documents for the purchase of goods.
1.13.Limitation of liability.
1.13.1. The conditions specified in the Offer are preconditions for the purchase of the Goods. The terms of the Offer may be changed by the Seller, including after acceptance of the Order for execution. The specific conditions of sale of the Goods by the Seller may be determined and changed by the Seller until the moment of transfer of the Goods to the Recipient.
1.13.2. The Seller’s liability for changes in the terms of purchase of the Goods in comparison with those specified in the Offer is limited by the fact that the Recipient (User, Payer) has the right to refuse to purchase the Goods and demand a refund (if paid).
1.13.3. In any case, the amount of losses (both tangible and intangible) that may be paid to the User (Payer, Recipient) in connection with the violation of his rights when using the Website (including non-performance of the Order or its improper performance, other violations of the rights of the User) in accordance with Art. 22 of the Civil code of Ukraine is limited to the sum of ten hryvnias.
1.14. The User is responsible for the accuracy of the data specified in the Order form. If the inaccurate (incorrect) indication of data in the order has led to additional costs of the Seller associated with the delivery of the Goods to the wrong address or delivery of the Goods to the wrong Recipient, all related losses and costs are borne by the User. The Seller has the right to deduct the amount of such losses or expenses from the amounts paid by the Payer as payment for the Goods (to offset counterclaims).
2. Obligations of the Parties.
2.1. The User undertakes to carefully read this Agreement. In case of disagreement with its terms, the User undertakes to immediately stop using the Website.
2.2.The User agrees not to take any action that may be considered a violation of Ukrainian law or international law, including in the field of intellectual property, copyright and / or related rights, as well as any action that leads or may lead to a violation of normal work of the Website and site services.
2.3. The use of site materials without the consent of the copyright holders is not allowed. For the lawful use of the materials of the Website it is necessary to conclude license agreements (obtaining licenses) from the right holders.
2.4. When quoting the materials of the site, including protected copyrighted works, reference to the Website is required.
2.5. Comments and other records of the User on the Website must not contradict the requirements of the legislation of Ukraine and generally accepted norms of morality and ethics. User Comments / Feedback posted on the Website are not confidential information and may be used by the Site Administration without restrictions.
2.6.The user is warned that the Administration of the Website is not responsible for visiting and using external resources, links to which may be contained on the website.
2.7. The User accepts the provision that all materials and services of the Website or any part thereof may be accompanied by advertising. The User agrees that the Administration of the Website does not bear any responsibility and has no obligations in connection with such advertising.
2.8. By registering on the Website, the user agrees to provide reliable and accurate information about himself and his contact details. As a result of registration you receive a login and password to enter the Personal Account, for the security of which you are responsible. You are also responsible for all actions under your login and password on the Website. In case of loss of registration data, you agree to notify us. The site administration reserves the right to send our promotional offers to the user number specified in the order. In case of refusal, we undertake to exclude your e-mail address from the SMS.
3. Personal data.
3.1. When placing an Order on the Website, the User gives his consent to the Administration to collect and process (accumulation, storage, adaptation, restoration, use, distribution, depersonalization and destruction) of the data specified by him, namely: surname, name, patronymic, e-mail, phone number, address, in order to ensure the implementation of sales relations, relations in the field of consumer protection, in the field of advertising and marketing research, as well as agrees to the transfer (dissemination) of its data LLC “NOVA POSHTA” (USREOU 31316718), other freight forwarding and courier organizations, and other third parties (without limitation) at the discretion of the Website Administration. This provision is valid without limitation of validity.
3.2. The source of personal data collection is information directly and voluntarily provided by the User.
3.3. The owner of the personal data provided by the User is the Administration of the website.
3.4. The personal data subject, in accordance with the Law of Ukraine “On Personal Data Protection”, has the right to: know about the sources of collection, location of their personal data, the purpose of their processing, location or residence (stay) of the owner or controller of personal data or date the relevant order to receive this information to the persons authorized by him, except in cases established by law; receive information on the conditions for granting access to personal data, in particular information on third parties to whom his personal data is transferred; to access their personal data; receive no later than thirty calendar days from the date of receipt of the request, except as provided by law, an answer as to whether his personal data are processed or stored, as well as receive the content of such personal data; make a reasoned request to the owner of personal data with an objection to the processing of their personal data; make a reasoned request to change or destroy their personal data by any owner and controller of personal data, if this data is processed illegally or is inaccurate; to protect their personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, non-provision or untimely provision, as well as to protect against the provision of information that is unreliable or discredits the honor, dignity and business reputation of an individual; to file complaints about the processing of their personal data to the Commissioner or to the court; apply legal remedies in case of violation of the legislation on personal data protection; make reservations regarding the restriction of the right to process their personal data during the consent; withdraw consent to the processing of personal data; know the mechanism of automatic processing of personal data; to protect against an automated decision that has legal consequences for him.
4. Other conditions.
4.1. The User has the right to appoint a third party as the Recipient of the purchased Goods. In this case, the Recipient is obliged to indicate in the Order form the data necessary for the identification of the recipient and delivery of the Goods to him. The relations of the parties, in this case, are subject to the provisions of Art. 636 of the Civil Code of Ukraine.
4.2. For delivery of the Goods to the Recipient the latter is obliged to present upon receipt of the Goods an identity document (passport).
4.3. Upon receipt of the Goods, the Recipient is obliged to sign the documents confirming receipt of the Goods.
4.4. All possible disputes arising from or related to this Agreement shall be resolved in accordance with the current legislation of Ukraine.
4.5. Nothing in the Agreement can be understood as the establishment between the User and the Administration of the Website of agency relations, company relations, relations on joint activities, personal employment relations, or any other relations not expressly provided by the Agreement.
4.6. Recognition by the court of any provision of the Agreement invalid or not subject to enforcement, does not entail invalidity of other provisions of the Agreement.
4.7. Inaction on the part of the Website Administration in case of violation of the provisions of the Agreement by any user does not deprive the Website Administration of the right to take appropriate actions later to protect their interests and protect copyrights for which the Website materials are protected in accordance with law. The User confirms that he is familiar with all clauses of this Agreement and unconditionally accepts them.
4.8. The agreement is regulated and interpreted in accordance with the legislation of Ukraine. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of Ukraine.