USER AGREEMENT
|
Kyiv city |
Edition № UA-02 |
August 20, 2024 |
Dear User, this Agreement establishes the procedure and conditions for: use of the RIORNAILS.COM Site, purchase and sale of Goods, and also regulates other relationships stipulated by the Agreement. In case of disagreement with its terms, you must immediately stop using this Site. You agree to all without exception the terms of the Agreement without the possibility of making suggestions/changes regarding individual provisions, if: you click on a link with the domain name RIORNAILS.COM or use the Site in any way, including, but not limited to, by filling out various forms , applications, as well as order Goods using this Site, surf the Site.
I. GENERAL PROVISIONS
1.1. The RIORNAILS.COM online service (platform) is a trading platform with an assortment of manicure and pedicure products, which enables natural persons-entrepreneurs and legal entities to sell them using the tools of this Site.
1.2. In accordance with Part 1 of Art. 213 of the Civil Code of Ukraine, only the Site Administration, in addition to the court, has the right to interpret the Agreement, as well as the terms used in it. For a more accurate understanding of the terms of the Agreement, the terms in it are used in the following meanings:
1.2.1. Agreement - this document (User Agreement) located at the following link: https://riornails.com/info/agreement/
1.2.2. The Site is a web page located at the link riornails.com, including all subdomains (subfolders), the owner of which is the Site Administration.
1.2.3. The User is a natural person who has full civil legal capacity and who has agreed to the terms of this Agreement. The user can act as a Buyer, Payer, Recipient.
1.2.4. The Seller is a legal entity or a natural person-entrepreneur who has available the Product, information about which is contained on the Site.
1.2.5. Buyer - User whose offer for the Product was accepted by the Seller. The buyer can act as a Payer and Recipient.
1.2.6. Payer - User who pays for the Order. The payer can act as a Buyer, Recipient.
1.2.7. Recipient - the User specified by the Payer in the Order as the person authorized to receive the Goods. Unless otherwise specified in the Order, the Recipient is the Payer.
1.2.8. Parties – Seller, User, Buyer, Payer, Recipient.
1.2.9. Administration of the Site is a natural person-entrepreneur Maria Vadymivna Samolazova (identification code: 3607610829; address: 49128, Dnipro city, Korobova street, building 22, apartment 59, registration number in the register 2002240000000150145 dated 02.01.2021), which is registered in accordance with the current legislation of Ukraine and/or persons authorized by her to manage the Site. The Site Administration can act as a Seller.
1.2.10. Goods are objects of the material world, information about which is posted on the Site.
1.2.11. Offer - information contained on the Site about a specific Product that can be purchased by the Buyer. The proposal is not an offer, but only information about the possible terms of purchase of the Goods.
1.2.12. Order - the User's request through the Site, any messenger or by calling the Seller to sell the Product under the conditions specified in the offer.
1.2.13. The Contract is an agreement for the purchase and sale of the Goods.
1.2.14. The Delivery service is a carrier, a transport and logistics company, a post office, a courier, as well as other persons who deliver the Goods to the Buyer/Recipient.
1.2.15. Personal account – the User's account on the Site. The User's registration is carried out by filling out the registration form, after which he gets access to the Personal account. In the case of registration using a profile in social networks, some personal data may be automatically specified in the User's profile, but the User must check their completeness and authenticity before placing an order. The user undertakes not to use the Personal account to carry out actions that violate the law, as well as actions that violate the rights or interests of third parties. In case of violation of this rule, the User undertakes to compensate the Site Administration for all losses incurred in connection with such actions.
1.3. This Agreement is a public offer. The moment of conclusion of this Agreement is considered the moment of any interaction of the User with the Site. The agreement can be concluded only by a person with full civil legal and legal capacity. If a person does not meet the requirements specified in this paragraph, he must immediately stop using the Site in any way.
1.4. Any interaction of the User with the Site (including, but not limited to, searching/purchasing Goods, following links on the Site) means the User's unconditional agreement with all clauses of this Agreement. Such interaction with the Site is full and unconditional acceptance of this Agreement, ignorance of which does not exempt the User from responsibility for non-fulfillment of its terms.
1.5. If the User does not agree with any of the terms of this Agreement and/or does not agree to comply with the terms of this Agreement (or the new edition of the Agreement), he has no right to use the Site in any way, is obliged to stop using the Site and leave it . The user bears all risks associated with the continued use of the Site in case of disagreement with the provisions of the Agreement.
II. ORDER PROCEDURE AND PRODUCT PRICE
2.1. The Seller places a list of Goods with their description on the Site. The products on the Site are for informational purposes only and are not an offer in any sense.
2.1.1. The price of each individual Product is determined by the Seller and indicated on the relevant page of the Site. The price of the Contract is determined by adding up the prices of all the selected Goods placed in the virtual basket and the delivery price, which is determined depending on the delivery method according to the tariffs of the selected Delivery Service. The price of the Product is indicated without taking into account the cost of its delivery.
2.1.2. The cost of the Order may be changed by the Seller depending on the price, quantity or nomenclature of the Goods.
2.2. After reviewing the information about the Product posted on the Site, the User has the right to make an offer to the Seller by filling out the Order form on the Site. Filling out the Order form is considered an offer by the User to the Seller to order the Goods under the conditions specified in the relevant Offer. The offer can be expressed in any other way convenient for the Parties, which allows to fix the Order.
2.2.1. The User is obliged to agree with the Seller on all the essential conditions of the future Agreement, which he considers necessary, before sending the offer to the Seller. The User does not have the right to refer to improper fulfillment of the terms of the Agreement by the Seller, if the User did not agree with the Seller on the condition of the Agreement, which became the basis for referring to improper fulfillment.
2.2.2. The user who made the offer agrees that the Offer contains a comprehensive and necessary list of information about the Product.
2.3. The buyer agrees that his offer is redirected by the Site Administration to the Seller chosen by the Site Administration at its own discretion. This provision in no way means that the Site Administration acts as the Seller's agent and/or is responsible for the Seller's fulfillment of the order. The Site administration provides the Seller with services for using the Site.
2.4. The offer is considered accepted by the Seller after the last one of the actions, which indicates the acceptance of the offer, depending on which action occurred earlier, namely: confirmation of the availability of the Goods in the warehouse and the possibility of its shipment (sale); issuing an invoice for payment of the Goods (in any form, including through the means of the Site, messengers, Instagram, SMS-messages, e-mail); formation of the invoice for transfer to the postal operator; delivery of the Goods to the Buyer.
2.4.1. In connection with the acceptance of the offer by the Seller, a Contract is considered concluded between the parties, according to which the Seller undertakes to transfer the Goods to the Buyer's ownership and/or organize the delivery of the Goods to the Buyer (Recipient), and the Buyer undertakes to accept the Goods and pay a sum of money for them , which is determined by the Seller. The contract is concluded until the moment of its full implementation by all Parties. The contract is concluded on the terms specified in this Agreement.
2.5. The Seller has the right to offer to order the Product on other terms after receiving the User's offer (make changes to the User's Offer). In this case, such an Offer is considered a counter offer and must be accepted by the User. Acceptance of a counter offer is considered to be the User's performance of any action that indicates acceptance of a counter offer, depending on which action occurred earlier, in particular, but not exclusively: verbal or written confirmation of the purchase of the Product, expression of written consent using electronic means of communication communication (messengers, Instagram, e-mail, SMS messages), full or partial payment of the Goods, acceptance of the Goods in full or in part, etc.
2.6. The seller has the right to unilaterally withdraw a counter offer, cancel his agreement with the terms of any offer or refuse to fulfill an already agreed offer. In this case, the Seller is not obliged to compensate the User for any losses, to pay a penalty or compensation in accordance with Art. 625 of the Civil Code of Ukraine, etc.
2.6.1. If the Buyer does not pay for the Goods within the term specified by the Seller, the agreed offer is canceled and the concluded Agreement ceases to be effective by the Seller's decision.
2.7. The parties agree that the agreement of all the essential terms of the Agreement is the performance of one of the actions, depending on which action was taken earlier, namely: full or partial payment of the Goods, full or partial acceptance of the Goods, transfer of the Goods by the Seller to the Buyer or delivery service (carrier, transport and logistics company, post office, courier, etc.), expression of written consent using electronic means of communication (messengers, Instagram, e-mail, SMS-message). With the execution of one of these actions, it is considered that the Agreement is concluded.
2.8. Payment for the Goods can be made, including by means of the payment service "TRANZZO" (https://tranzzo.com/uk-ua), which is administered by the Limited Liability Company "FINANCIAL COMPANY "FINEXPRESS" (identification code: 39706018). When the Buyer/Payer initiates the payment according to the Order through the "TRANZZO" system, the Seller accepts reimbursement in the system "TRANZZO" according to your current bank account. The list of Sellers may be contained in Appendix No. 1 to this Agreement and may be changed unilaterally by the Site Administration.
III. CONDITIONS APPLICABLE TO ORDER EXECUTION
3.1. The Seller duly fulfilled his obligation to transfer the Goods to the Buyer at the time of handing over the Goods to the delivery service (carrier, transport and logistics company, post office, courier, etc.). If the Goods are received by the Buyer by self-delivery, the obligation to hand over the Goods is considered fulfilled from the moment of the actual handing over of the Goods to the Buyer.
3.2. The risk of accidental destruction/damage of the Goods passes to the Buyer at the time of the Seller's transfer of the Goods to the delivery service (carrier, transport and logistics company, post office, courier, etc.) or from the moment of actual receipt of the Goods by the Buyer/Recipient, depending on which event came earlier.
IV. TERMS OF DELIVERY
4.1. The Buyer/Recipient receives the Goods using the Delivery Service, personally or with the help of a proxy.
4.1.1. The Buyer/Recipient fully and unconditionally agrees to all the Rules for the transportation of goods of the Delivery Service, if the method of obtaining the Goods by delivery has been obtained.
4.2. The Buyer/Recipient is obliged to inform the Seller of the correct delivery address of the Goods.
4.3. The Buyer/Recipient has the right to authorize another person to receive the Goods (including using third-party applications of the Delivery Service (for example, changing the Recipient in the "Nova Poshta" application)). In this case, it is considered that the Seller has duly fulfilled his obligation to transfer the Goods to the Buyer/Recipient.
4.4. The moment of receipt and acceptance of the Goods without comments by the Buyer/Recipient is the moment, depending on which one came earlier:
4.4.1. the actual receipt by the Buyer/Recipient of the Goods in any way or the performance of any actions indicating acceptance of the Goods;
4.4.2. signing by the Buyer/Recipient of the act of acceptance and handover of the Goods, invoice or other equivalent document confirming the fact of the handover of the Goods;
4.4.3. signing by the Buyer/Recipient of the documents of the Delivery Service confirming the fact of receipt of the Goods;
4.4.4. payment of goods with cash on delivery.
4.5. The Buyer/Recipient is obliged to inspect the Goods (its appearance, quantity, quality, completeness, etc.) together with the settlement document when receiving the order (parcel) in the presence of a representative of the Delivery Service. Claims of the Buyer against the Seller regarding the Goods received through the Delivery Service due to improper product or appearance (damages) that are discovered upon receipt of the Goods must be recorded by the Buyer/Recipient together with a representative of the Delivery Service by drawing up a written document that reflects the discovered damages , which is signed by the Buyer (Recipient) and an authorized representative of the Delivery Service.
4.5.1. Acceptance by the Buyer/Recipient of the Goods without drawing up a written document with a representative of the Delivery Service regarding improper product or appearance (damage), which was discovered upon receipt of the goods, is confirmation that the Buyer/Recipient has no claims against the Seller and the Site Administration regarding the quality or quantity of such goods Product, any other characteristics (color, dimensions, etc.).
4.6. In case of absence of the Buyer/Recipient at the delivery address specified by the Buyer/Payer or refusal of the Buyer/Recipient to receive the Goods for unjustified reasons upon delivery by the Delivery Service, the Goods are returned to the shipping warehouse. Payment for the services of the Delivery Service is withheld (deducted) from the amount transferred by the Buyer for the Goods. The remaining amount is returned to the Buyer at his request.
4.6.1. If, after returning the Goods to the Seller's warehouse, the Buyer requests that the Goods be sent to him again, the Seller has the right to receive from the Buyer, as a deposit, the sum of money necessary to cover the operational costs of re-delivery and possible re-refusal of the Goods.
V. PRODUCT INFORMATION
5.1. Information about the Product is contained on the Product itself, its packaging, label, marking, accompanying documents for the Product or is provided to the User/Buyer in another way (available visual form). Information about the Product can also be provided remotely (by phone, by posting information about the Product on the Site, etc.). The buyer confirms his consent to receive information about the Product by means of remote or mobile communication.
5.2. The User/Buyer agrees that the information about the Product posted on the Site is dynamic. This means that the information can be updated, changed and supplemented by the Site Administration/Seller at any time without prior notice to the User/Buyer.
5.3. During the Order of the Goods and upon receipt of the Goods, before signing the documents confirming the receipt of the Goods, the Buyer/Recipient is obliged to read the information about the Goods contained on the Goods, on the packaging and in the accompanying documents. If it is necessary to obtain additional information about the Goods, the Buyer/Recipient is obliged to contact the Seller and obtain the necessary information before accepting the Goods. Otherwise, the Buyer/Recipient has no right to refer to the lack of any information or defects in the Goods.
VI. TERMS OF RETURN AND EXCHANGE OF GOODS
6.1. According to Art. 9 of the Law of Ukraine "On the Protection of Consumer Rights", the Buyer has the right to exchange non-food Goods of proper quality for a similar one, if the Goods did not satisfy the Buyer in terms of shape, dimensions, style, color, size or for other reasons cannot be used as intended within fourteen days from the moment of receipt of the Goods.
6.1.1. Good quality goods are exchanged if they have not been used and their appearance, consumer properties, seals, labels, as well as the settlement document issued to the Buyer together with the sold goods have been preserved.
6.1.2. The goods listed in the List approved by the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172 "On the implementation of certain provisions of the Law of Ukraine "On the Protection of Consumer Rights" are not subject to exchange (return).
6.1.3. The exchange and return of the Goods (including in case of termination of the Agreement) in accordance with the Law of Ukraine "On the Protection of Consumer Rights" is carried out at the address notified by the Seller (including the Delivery Service notified by the Seller). The User, in particular, is obliged to properly pack the shipment securely from the outside and inside so that the Goods are not damaged during transportation. In order to minimize the risks of accidental damage to the Goods when they are forwarded to the Seller, the Buyer is obliged, before such sending, to describe the appearance of the Goods together with a representative of the Delivery Service by drawing up an appropriate act.
6.2. In the case of exchange and return, the Product should be sent in full packaging, attaching the following documents to it:
6.2.1. Application for the exchange or return of the Goods, with a mandatory indication of justified and justified reasons for the exchange or return;
6.2.2. Evidence confirming the circumstances stated in the application for exchange or return of the Goods.
6.2.3. Act of acceptance and delivery of the Goods / invoice (except for the invoice issued by the Delivery Service) / receipt from the Seller (a document confirming the fact of the purchase of the Goods).
6.3. If the Goods sent for exchange or return without the documents provided for in this section, the Seller has the right to refuse the exchange or return of the Goods.
VII. INTELLECTUAL PROPERTY RIGHTS
7.1. Any information about the Product, in particular, but not exclusively, the description of the product, the image of the Product, the image or the name of the brand (trademark) «RIORNAILS», «DARK BY RIOR», any text, images posted on the Site belong to Administration of the Site and are objects of intellectual property rights, protected by the legislation on intellectual property of Ukraine, as well as by relevant international legal treaties and conventions. Any use of texts, elements, symbols, texts, graphic images, programs and other objects that are part of the Site, without the permission of the Site Administration, is illegal and may lead to legal proceedings and bringing violators to civil and administrative and criminal liability in accordance with the legislation of Ukraine.
7.1.1. The Site Administration confirms that it has no intellectual property rights to the Product, which is the object of the intellectual property rights of another subject.
7.2. When quoting materials from the Site, including copyrighted works, a reference to the Site is mandatory.
VIII. RESPONSIBILITY
8.1. The Site user undertakes not to take any actions that violate the legislation of Ukraine, the norms of international law and actions that may disrupt the normal functioning of the Site. The Site Administration has the right to demand compensation from the User for damages caused in connection with the violation of this clause. The preliminary amount of damages is determined according to the certificate prepared by the Site Administration.
8.2. Any disputes are subject to negotiation. If the Parties failed to resolve the dispute through negotiations, then such dispute shall be resolved in the courts of Ukraine in accordance with the legislation of Ukraine and at the place of execution of the Agreement.
8.3. All claims regarding the Goods must be sent to the Seller. The Site Administration bears no responsibility to the Buyers for the execution of the Order by the Sellers and related issues, including, but not limited to:
8.3.1. for compliance of the terms of the Offer with the actual terms of sale of the Goods (except when the Site Administration is the Seller);
8.3.2. for the absence of the Goods;
8.3.3. for delay in delivery of the Goods;
8.3.4. for the quality of the Goods (except when the Site Administration is the Seller);
8.3.5. for the proper fulfillment of warranty obligations by the Sellers and/or manufacturers of the Goods.
8.4. The conditions specified in the Offer are preliminary conditions for the purchase of the Goods. The terms of the Offer may be changed by the Sellers, including after acceptance of the Order for execution. The specific conditions of sale of the Goods may be determined and changed by the Sellers before the moment of handing over the Goods to the Buyer/Recipient.
8.5. In case of aging of the materials (including the conditions of the Offer) on the Site, the Site Administration is not obliged to update them. The Administration of the Site is under no circumstances liable for any damages (including, but not limited to, loss of profit, data or business interruption, etc.) arising from the use, inability to use, or the results of the use of this Site.
8.6. The Seller's responsibility for changes in the terms of purchase of the Goods compared to those indicated in the Offer is limited to the fact that the Buyer has the right to refuse the purchase of the Goods and demand the return of the funds paid for them (if they have been paid, in addition to the funds spent on the delivery of the Goods, including the return ).
8.6.1. In any case, the Parties have agreed that the amount of any damages (both material and non-material) that may be paid to the User in connection with the violation of his rights when using the Site, in accordance with Art. 22 of the Civil Code of Ukraine, should be reduced to 100 (one hundred) hryvnias.
8.7. The responsibility for money transfers made by the Payers lies entirely with the banks and payment systems whose services the Payer decided to use. The seller does not assume responsibility for the actions of processing centers. When paying for an order by bank card, payment processing (including entering the card number) takes place on a secure page of the processing system. This means that the Payer's confidential data (card details, registration data, etc.) are not sent to the Seller or the Site Administration, their processing is completely protected and no one can obtain the Payer's personal and bank data. When working with card data, the information protection standard developed by the international payment systems Visa and MasterCard - Payment Card Industry Data Security Standard (PCI DSS) is used, which ensures safe processing of the details of the Payer's bank card. The data transfer technology used guarantees the security of transactions with bank cards by using Secure Sockets Layer (SSL) protocols.
8.8. For Goods with a warranty period, warranty obligations apply in accordance with the conditions specified in the manufacturer's information materials. If, in accordance with the legislation of Ukraine, a warranty period should be established for the Product, but it is not established by the manufacturer, the warranty period for such Product is considered equal to three calendar days.
8.9. The User is responsible for the accuracy of the data specified in the Order form. In the event that the data in the Order is inaccurately (incorrectly) specified and this led to additional costs for the Seller related to the delivery of the Goods to the wrong address or the delivery of the Goods to the wrong Recipient, all related losses and expenses are borne by the Buyer in full . The Seller has the right to withhold the amount of such losses or expenses from the amounts paid by the Payer as payment for the Goods (to set off counterclaims).
8.10. The Site Administration is not responsible for the functionality of the equipment on which the Site is located, the Site's availability, the operation of data transmission channels and other technical means for Users to access the Site. The Site Administration is not responsible for the User's visit and use of external resources, links to which may be contained on the Site.
8.11. The Seller is not responsible for the actions of the Delivery Service, including the terms of transportation, as well as for the preservation of the Goods, changes in the cost of the Delivery Service, as well as other actions/inactions of the Delivery Service.
8.12. By registering on the Site, the User agrees to provide reliable and accurate information about himself and his contact details. As a result of registration, the User receives a login and password for entering the Personal Cabinet, the security of which the User is responsible for. The user is also responsible for all actions under his login and password on the Site. In case of loss of registration data, the User undertakes to immediately notify the Site Administration. The Site Administration has the right to send information messages to the User's addresses specified in the Personal Account/Order. If the User refuses to receive the newsletter, the Site Administration undertakes to stop such mailing to the User.
8.13. The User understands that the image of the Product on the Site may differ from the Product that will be sent to the Buyer. In this regard, the Buyer/Recipient is obliged to perform the actions provided for in clause 4.5. Agreement, and in case of non-fulfilment bear the risk of the consequences provided for in clause 4.5.1. agreements
8.14. The Site Administration does not bear any responsibility for errors and typographical inaccuracies that may be found in the Offer and other materials contained on the Site. All information, the Offer and materials are provided on an "AS IS" basis, without warranties, either express or implied.
8.15. The buyer agrees that all materials, Offers and services of the Site may be accompanied by advertising. Sellers and Site Administration bear no responsibility and have no obligations in connection with such advertising.
8.16. The User/Buyer consents to the recording of his conversation with the Seller or the Site Administration in order to improve the quality of service, the Product or the Site.
IX. FINAL PROVISIONS
9.1. The Agreement and the Contract are valid until the moment of full fulfillment of the obligation by all Parties.
9.2. The user gives his consent to the use, processing and transfer of his personal data in accordance with the current legislation of Ukraine. By accepting the terms of the Agreement, the User also confirms that he has read and agrees with the Privacy Policy of the Site, with the terms of this Agreement, as well as with the policy of using cookies.
9.3. The User gives his consent to receive electronic messages to the e-mail address specified by him and/or by means of mobile communication and/or by means of messengers (WhatsApp, Telegram, Viber, etc.) linked to the phone number specified by the User in Order, offer, statement or other document or which is communicated to the Delivery Service. Such messages are considered as proper information of the User.
9.4. The current version of the Agreement is available at https://riornails.com/info/agreement/. The Agreement may be changed by the Site Administration without prior notice to the User. The User is considered notified of the new version of the Agreement after its publication on the Site. Continued use of the Site by the User (any further interaction with the Site) means his consent to the changes in the Agreement.
9.5. The Administration of the Site has the right to deny the use of the Site to any User at any time.
9.6. The Site Administration has the right unilaterally, without notifying the User, to cancel his account (Personal Account) if it has not been used for more than 12 consecutive calendar months.
9.7. The Buyer agrees that the Sellers are separate business entities that are not under the control of the Site Administration. The Buyer also accepts that the Site Administration does not have any authority to accept and fulfill the Order, as well as the obligations arising after the sale of the Goods, except when the Site Administration acts as the Seller.
9.8. All relations arising from this Agreement in connection with its conclusion, interpretation, execution or termination are governed by the law (legislation) of Ukraine.
9.9. The invalidity of any provision of the Agreement by the court does not indicate the invalidity of other provisions of the Agreement.
9.10. In case of discrepancies between the text of the Agreement in different languages, the text of the Agreement in the Ukrainian language has priority.