RULES FOR USING THE SITE HTTPS://GIGSHOP.COM.UA/
city of Ivano-Frankivsk, Ukraine
Edited as of October 1, 2022
These RULES FOR USING THE SITE HTTPS:// GIGSHOP.COM.UA/ (hereinafter – the Rules) are developed in accordance with Articles 11, 641, 642, 646, 698-711 of the Civil Code of Ukraine (https://zakon.rada.gov.ua /laws/show/435-15#n3446), the Law of Ukraine “On Electronic Commerce” (https://zakon.rada.gov.ua/laws/show/675-19#n170), Art. 12, Article 13 of the Law of Ukraine “On the Protection of Consumer Rights” (https://zakon.rada.gov.ua/laws/show/1023-12#Text) and regulate the relationship between FOP SAVKA A.M. (hereinafter referred to as “FOP”), as the administrator of the site HTTPS:// GIGSHOP.COM.UA/ and any natural person (hereinafter referred to as the User) regarding the use of the site HTTPS:// GIGSHOP.COM.UA/
1. TERMS AND DEFINITIONS’
In these Rules, unless the context otherwise requires, the following terms have the following meanings:
* FOP – FOP SAVKA ANDRIY MYKHAYLOVYCH code in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations 2816707998, location: Ivano-Frankivsk, STREET IVANA PAVLA II, building 10, apartment 96. After acceptance of the FOP offer acts as the Seller.
* “Site” – the site of the FOP, which contains information about goods, works, services, terms of their purchase, payment, delivery, promotions, advertising and marketing activities, other general information, other information that is mandatory, in graphic form and/or textual presentation, addressed to an unspecified circle of persons, on the basis of which any person can make a conscious choice and apply to the FOP with an offer to conclude a retail contract for the sale of goods on the terms set forth in these Rules.
* “User” is an adult, able-bodied natural person who entered the Site and continues to use it under the conditions specified in these Rules.
* “Offer” – the User’s choice of one item from the list of goods/works/services posted on the Site, by adding the selected product to the “basket”, further entering the information necessary to place the order and pressing the “place order” button (further also – placing an order).
* “Product” – digital, computer, household goods, other goods, accessories, components and accompanying items, information about which is posted on the Site.
* “Work/service” – works/services that are usually consumed at the time of their execution or provision, information about which is posted on the Site.
* “Authorization” – receipt by the FOP of the User’s data, including personal data, during the visit to the Site and/or in the process of sending an offer (registration of an order). The parties use a one-time identifier to sign the transaction. Authorization while on the Site is carried out by the User at will. Authorization during checkout is mandatory.
* “Verification of the User” – establishment (confirmation) by the FOP of the correspondence of the User’s identity in his presence with the identification data obtained on the Site.
* “Legislation” is the current legislation of Ukraine, which may be applied to legal relations related to the performance and/or arising from the performance of the obligations described in these Rules.
2. GENERAL CONDITIONS
2.1. By staying on the Site, the User accepts the conditions and procedure for sending an offer to the FOP (ordering) and acceptance of the offer by the FOP, as well as gives the FOP consent to the processing of the personal data provided by him and other information that he considers necessary to provide, or which are mandatory to provide for Legislation, and also accepts the terms of responsibility for dishonest use of the Site.
2.2. FOP warns that the User – a natural person for him is always one who has legal capacity and is of legal age. The assessment of adulthood and legal capacity is always subjective. The FOP does not require the provision of documents confirming the lack of legal capacity or the natural person reaching 18 years of age. Civil legislation allows the conclusion of transactions for the purchase of goods for small household use. In order to avoid situations when a minor or an incapacitated person uses the Site, places an order, sends an offer under the conditions set out in these Rules, and in the future, his legal representative denies such transactions, the FOP considers it necessary to warn that for him such transactions will be considered committed person without any restrictions, that is, the legal representatives must independently ensure such actions that will be sufficient to prevent the actions described above by minors/incapacitated/restricted persons.
2.3. It is assumed that all actions taken by a person on the Site, including the sent offer, are aimed at concluding a contract for the purchase and sale of goods, works, services for purposes not related to business activities and, accordingly, in the future, such a person does not have the right to demand the provision of any documents, the provision of which is not provided for a natural person. At the request of a legal entity or an individual entrepreneur, a separate delivery contract (including a simplified one) is concluded with the execution of all primary documents and the possibility of making payments using payment orders. The procedure for concluding such contracts is regulated by the economic legislation of Ukraine.
2.4. FOP informs that the description of the goods posted on the Site, including the prices marked on the Site, may change. The final price is the price specified in the FOP acceptance sent in response to the User’s offer (order confirmation). Any information about the product contained on the Site is posted, including, on the basis of technical and other information provided by the manufacturer of the product.
2.5. The FOP informs the User that choosing and using the product is a responsible action. The user must make sure that all requirements for the operation of the product are met by him.
2.6. The user is responsible for the accuracy of the information provided when sending the offer (ordering). At the same time, the User automatically gives his consent to the FOP for the processing of his personal data, which additionally became or will become known to the FOP as a result of acceptance (acceptance) of the User’s offer. Processing includes, but is not limited to, the following: collection, registration, accumulation, storage, adaptation, change, renewal, use and distribution (including transfer), depersonalization, destruction of personal data, for the purpose of maintaining a database of personal data of buyers, including the FOP receives the right to survey the User through the means of communication provided by the FOP or known by the FOP, regarding the quality of goods/works/services, invitations to participate in advertising and marketing events, to inform the User through the means of communication of the User provided by the FOP or known FOP, regarding the results consideration of his appeals, notices regarding promotions, offers, advertising materials, activities of the FOP. The User agrees that the FOP should not obtain any additional consent from the User for the transfer of the User’s personal data, any other forms of obtaining the User’s consent are not envisaged.
2.7. The FOP does not verify the data (information) provided by the User during authorization on the Site. All information provided by the User during authorization on the Site is accepted by the FOP without any additional verification and is the basis for the preparation of documents necessary during the acceptance of the offer.
2.8. The text of these rules is an object of copyright, the property rights of which belong to the FOP, and are protected in accordance with the Law.
2.10. Use of the Site to view goods/works/services, as well as to place an order, is free of charge for the User. The terms of access to the Internet are regulated by a separate agreement between the User and his Internet provider without the intervention of the FOP.
2.11. The Site and services provided by the Site may be temporarily partially or completely unavailable due to preventive, regulatory, and other technical works. The technical service of FOP has the right to carry out necessary preventive, regulatory and other technical work without warning the User.
2.12. FOP reserves the right to unilaterally make changes to these Rules with prior publication on the Site.
2.13. The invalidity of individual provisions of these Rules by the court does not lead to the invalidity of these Rules as a whole.
2.14. There are other contracts (rules) on the Site that regulate individual relationships (for example, but not limited to insurance, delivery (transportation), pre-ordering, installation and installation of goods, removal of used goods, mines, etc.). In such a case, the terms of such other agreements shall apply additionally to these Rules.
3. PROCEDURE FOR CONCLUSION OF AGREEMENTS FOR THE USE OF THE SITE
3.1. Information about goods/works/services posted on the Site is an invitation to make offers to enter into a contract for the purchase of goods/works/services and is not an offer of the FOP, as the assortment and characteristics of goods/works/services may change, the goods may be discontinued, the goods can be sold without balances, the product can be revalued both downward and upward, any promotions, sales, etc. can be applied to the goods/works/services.
3.2. After reviewing the information posted on the Site, the User has the right to make an offer to the FOP to conclude a contract (offer) by filling out an order on the Site or through the FOP’s Call Center. Placing an order is considered an offer by the FOP User to purchase goods/works/services on the terms specified in the relevant order.
3.3. Direction of the offer by the User, as described in clause 3.2. of these Rules, is confirmation that he has familiarized himself with the description of the selected goods/works/services, their technical characteristics and conditions of provision; it is also a confirmation that the selected product/work/service fully meets the purpose of their purchase; The user is independently responsible for the conscious selection of goods/works/services in accordance with these Rules.
3.4. Acceptance of the User’s offer (acceptance) is the performance by the FOP of actions in accordance with the terms of the contract specified in the offer (shipment of goods, provision of services, performance of works), which testify to the FOP’s desire to conclude the relevant contract.
3.5. The FOP has the right to offer the User to purchase goods/works/services on terms other than those specified in the User’s offer. In this case, such an offer of the FOP is considered a counter offer that can be accepted by the User. Receipt of goods/works/services by the User on the terms stipulated in the counter offer is considered acceptance of the counter offer of the FOP. The FOP has the right to withdraw the counter offer before the User receives the goods.
3.6. The user has the right to confirm his intention to consider himself obliged by the sent offer in the event of its acceptance by the FOP to transfer funds in the amount of the price of the goods/works/services specified in the offer. In the case of acceptance of the offer by the FOP, as stipulated by the terms of these Rules, the transferred funds are considered the User’s payment for goods/works/services. In the event that the FOP disagrees with the acceptance of the offer, the money transferred by the User shall be returned by the FOP to the User.
3.7. The terms of concluded contracts for the purchase of goods/works/services are regulated by the Civil Code of Ukraine, the Law of Ukraine “On Protection of Consumer Rights”.
3.8. The terms of exchange and return of goods/works/services are generally accepted and regulated by the current legislation on the protection of consumer rights. Individual goods are not subject to return and exchange in accordance with the rules of the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994 N 172 “On the implementation of certain provisions of the Law of Ukraine “On the Protection of Consumer Rights” (https://zakon.rada.gov.ua/laws/ show/172-94-%D0%BF#Text)
4. CIRCUMSTANCES OF FORCE MAJEURE (FORCE MAJEURE)
4.1 The FOP and the User are not responsible for non-fulfillment of any of the provisions, if they prove that such non-fulfillment was caused by force majeure circumstances, i.e. events or circumstances that are really beyond their control, of an unforeseen and unavoidable nature.
4.2 Force majeure circumstances include, in particular, but not exclusively, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), declaration of martial law or emergency situations, conducting anti-terrorist operations (as declared , as well as undeclared), epidemics, epizootics, introduction of full or limited quarantine, state of emergency, state of emergency, introduction of lockdowns, bans or restrictions on certain types of economic activity, riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, disasters, restrictions imposed by state authorities (including distribution, priorities, official requirements, quotas and price controls), if these circumstances directly affected the fulfillment of accepted obligations.
4.3 A person for whom it became impossible to fulfill obligations due to force majeure must immediately inform the other party.