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USER AGREEMENT

Dear User, this Agreement establishes the procedure and conditions for using the Site RIORNAILS.COM, the sale of the Goods, and also regulates other relationships provided for by 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 in relation to separate provisions, if: you clicked on a link with the domain name RIORNAILS.COM or use the Site in any way, including, but not limited to, by filling various forms, applications, and also order Goods using this Site, surfing the Site.

І. GENERAL PROVISIONS

  • 1.1. Online service (platform) RIORNAILS.COM is a trading platform with an assortment Products for manicure, which provides an opportunity for natural persons-entrepreneurs and legal entities individuals 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 interpret the Agreement, as well as the terms used in it. To be more precise understanding of the terms of the Agreement, the terms used in it have the following meanings:
    • 1.2.1. Agreement - this document (User Agreement), located at the link: https://riornails.com/info/agreement/#menu-sub-1
    • 1.2.2. The Site is a web page hosted by the riornails.com link, 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 and legal capacity and who 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 an individual entrepreneur who has the Goods available, information about which is contained on the Site.
    • 1.2.5. Buyer - User whose offer for the Product was accepted by the Seller. Buyer can act as Payer and Recipient.
    • 1.2.6. Payer - User who pays for the Order. The payer can act in qualities of the Buyer, Recipient.
    • 1.2.7. Recipient - User specified by the Payer in the Order as a person who authorized to receive the Goods. Unless otherwise specified in the Order, the Recipient is Payer.
    • 1.2.8. Parties – Seller, User, Buyer, Payer, Recipient.
    • 1.2.9. Administration of the Site – Natural person-entrepreneur Maria Vadimivna Samolazova (RNOKPP: 3607610829; address: 49128, city of Dnipro, street Korobova, building 22, apartment 59, entry number in the UDR 2002240000000150145 dated February 1, 2021), which registered in accordance with the current legislation of Ukraine and/or authorized persons it 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 offer is not an offer, but only information about possible terms of purchase of the Goods.
    • 1.2.12. Order – the User's request through the Site, any messenger or by by calling the Seller with a request to sell the Product according to the terms, that are specified in the offer.
    • 1.2.13. The contract is an agreement for the purchase and sale of the Goods.
    • 1.2.14. Delivery service – carrier, transport and logistics company, postal institution, courier, as well as other persons delivering the Goods to the Buyer/Recipient.
    • 1.2.15. Personal account – the User's account on the Site. User registration is carried out by filling out the registration form, after which he receives access to the Personal account. In case of registration using a social profile networks, some personal data may be automatically indicated in the User's profile, but their completeness and authenticity before the User places an order must check. The user undertakes not to use Personal office for actions that violate the law, as well as actions that violate 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 who owns the full civil legal and legal capacity. If the person does not meet the requirements specified herein paragraph, she is obliged to immediately stop using the Site in any way.
    • 1.3.1. The place of execution of the Agreement is the city of Kharkiv, Ukraine. All obligations of the Parties are performed in Kharkiv, Ukraine.
  • 1.4. Any interaction of the User with the Site (including, but not limited to, search/purchase Product, following links on the Site) means the User's unconditional consent to all clauses of this Agreement. Such interaction with the Site is full and unconditional acceptance of this Agreement, ignorance of which does not release the User from responsibility for non-fulfillment of its terms.
  • 1.5. In the event that the User does not agree with any of the terms of this Agreement and/or does not agree comply with the terms of this Agreement (or the new edition of the Agreement), he has no right in any way use the Site, is obliged to stop using the Site and leave it. The user bears all risks associated with the continued use of the Site on his own conditions of disagreement with the provisions of the Agreement.

ІІ. ORDER PROCEDURE AND PRODUCT PRICE

  • 2.1. The Seller places a list of Goods with their description on the Site. Products on the Site have informational in nature and is 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 summing up the prices of all the selected ones Products placed in the virtual basket and the delivery price, which is determined depending on delivery method according to the tariffs of the selected Delivery Service. The price of the Product is specified 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 Product nomenclature.
  • 2.2. After reviewing the information about the Product posted on the Site, the User has the right make an offer to the Seller by filling out the Order form on the Site. Filling of the Order form is considered an offer by the User to the Seller to order the Goods on conditions defined by 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 terms of the future Agreement, which he considers necessary, before sending the offer to the Seller. The user is not has 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 terms of the Agreement, which became the basis for the link for improper execution.
    • 2.2.2. The user who made the offer agrees that the Offer contains exhaustive and the necessary list of information about the Product.
  • 2.3. The buyer agrees that his offer is redirected by the Site Administration To the seller, who was chosen by the Site Administration at its own discretion. This provision in no way does not mean that the Site Administration acts as an agent of the Seller and/or is responsible for fulfillment of the order by the Seller.
  • 2.4. The offer is considered to be accepted by the Seller after the last one of the actions is taken on acceptance of the offer, depending on which action occurred earlier, namely: confirmation availability of the Product in stock and the possibility of its shipment, issuing an invoice for payment Goods (in any form, including by means of the Site, messengers, Instagram, SMS messages, e-mail), formation of the invoice for transfer to the post office operator, transfer of the Goods to the Buyer.
  • 2.5. The seller has the right to offer to order the Product on other terms after receiving the offer User (make changes to the User's Offer). In this case, this is the Offer is considered a counter offer and must be accepted by the User. Acceptance of counter offer is deemed to be the User's performance of any action that indicates acceptance counteroffer, depending on which action occurred earlier, in particular, but not exclusively: verbal or written confirmation of the purchase of the Goods, written statement consent using electronic means of communication (messengers, Instagram, electronic mail, SMS-message), full or partial payment of the Goods, acceptance of the Goods in full in full or in part, etc.
  • 2.6. The seller has the right to unilaterally withdraw a counter offer, cancel his own agreeing to the terms of any offer or refusing to fulfill an already agreed offer. IN in such a 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 has not paid for the Goods within the term specified by the Seller, then the agreed offer is cancelled, and the concluded Agreement ceases to be effective at the decision of the Seller.
  • 2.7. The parties agree that the agreement of all the essential terms of the Agreement is the execution of one from the action, depending on which action was taken earlier, namely: full or partial payment 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 messages). 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 to the account of business entities, including for using the InterKassa payment service. When the Buyer/Payer initiates the payment according to the Order through the InterKassa system, the Seller accepts refunds in the system InterKassa according to your current bank account. List of Sellers can to be contained in Appendix No. 1 to this Agreement and may be changed unilaterally Site administration.

ІІІ. CONDITIONS APPLICABLE TO ORDER EXECUTION

  • 3.1. The Seller duly fulfilled his obligation to transfer the Goods to the Buyer at the time transfer of the Goods to the delivery service (carrier, transport and logistics company, postal institution, courier, etc.). If the Goods are received by the Buyer by self-delivery, then the obligation of the transfer of the Goods is considered completed from the moment of the actual transfer of the Goods to the Buyer.
  • 3.2. The risk of accidental destruction/damage of the Goods passes to the Buyer at the moment handover of the Goods by the Seller 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 occurred earlier.

IV. TERMS OF DELIVERY

  • 4.1. The Buyer/Recipient receives the Goods using the Delivery Service, personally or by with the help of a trusted person.
    • 4.1.1. The Buyer/Recipient fully and unconditionally agrees to all By the rules of transportation of goods of the Delivery Service, if a method has been obtained receiving the Goods through its delivery.
  • 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 for using third-party applications of the Delivery Service (for example, changing the Recipient in the application "New post")). In this case, it is considered that the Seller has properly performed his obligation to transfer the Goods to the Buyer/Recipient.
  • 4.4. The moment of receipt and acceptance without comments of the Goods by the Buyer/Recipient is the moment whichever comes first:
    • 4.4.1. actual receipt by the Buyer/Recipient of the Goods in any way or act any actions indicating acceptance of the Goods;
    • 4.4.2. signing by the Buyer/Recipient of the act of acceptance and transfer of the Goods, bill of lading or other equivalent document confirming the fact transfer of the Goods;
    • 4.4.3. signing by the Buyer/Recipient of the documents of the Delivery Service confirming the fact of receiving 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 (parcels) in the presence of a representative of the Delivery Service. Claims of the Buyer against the Seller regarding The product received through the Delivery Service due to improper product or appearance (damages) that were discovered upon receipt of the Goods must be recorded by the Buyer/Recipient together with the representative of the Delivery Service drawing up a written document that shows the detected damage.
    • 4.5.1. Acceptance by the Buyer/Recipient of the Goods without consultation with the Service representative delivery of a written document regarding inappropriate merchandise or external appearance (damage) that was discovered upon receipt of the goods is a confirmation the absence of the Buyer/Recipient of any claims against the Seller and the Administration Site regarding the quality or quantity of such Goods, any other characteristics (color, dimensions, etc.).
  • 4.6. In the 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 delivery by the Delivery Service, the Goods are returned to the shipment warehouse. Payment for services Delivery service is withheld (deducted) from the amount transferred by the Buyer for the Goods. The remaining amount is returned to the Buyer.

V. PRODUCT INFORMATION

  • 5.1. Information about the Product is contained on the Product itself, its packaging, label, marking, accompanying documents for the Goods or provided to the User/Buyer by others way (available visual form). Information about the Product can also be provided remotely (by phone, by placing information about the Product on the Site, etc.). The buyer confirms his consent to receive information about the Goods using the means remote or mobile communication.
  • 5.2. The User/Buyer agrees that the information about the Product posted on the Site is available dynamic This means that the information can be updated, changed and supplemented Site Administration/Seller at any time without prior notice User/Buyer.
  • 5.3. Upon receipt of the Goods, until the moment of signing documents confirming receipt of the Product, the Buyer/Recipient is obliged to familiarize himself with the information about the Product, which contained on the Product, on the packaging and in the accompanying documents. If necessary obtaining additional information about the Product, the Buyer/Recipient must contact The seller and get the necessary information before the moment of acceptance of the goods. In another case, the Buyer/Recipient has no right to refer to the absence of any information or defects of 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 of a non-food product of appropriate quality for a similar one, if the product is not satisfactory The buyer cannot by shape, dimensions, style, color, size or other reasons be used as intended within fourteen days of receipt Goods.
    • 6.1.1. Exchange of good quality goods is carried out if it has not been used and if preserved its commercial appearance, consumer properties, seals, labels, as well settlement document issued to the Buyer together with the sold Goods.
    • 6.1.2. The goods specified in the List are not subject to exchange (return), approved by Resolution No. 172 of the Cabinet of Ministers of Ukraine dated March 19, 1994 "On the implementation of certain provisions of the Law of Ukraine "On the Protection of Consumer Rights".
    • 6.1.3. Exchange and return of the Goods (including upon termination of the Agreement) in accordance with the Law of Ukraine "On the Protection of Consumer Rights" is carried out at the notified address by the Seller (including the Delivery Service notified by the Seller). User, in particular, is obliged to properly and securely pack the shipment from the outside and inside, so that the Goods are not damaged during transportation. To minimize risks accidental damage to the Goods during shipment to the Seller, the Buyer is obliged, before such referral, describe the appearance of the Goods together with the representative Delivery services by drawing up the appropriate act.
  • 6.2. In the case of exchange and return, the Product should be sent in full packaging, attaching it to it the following documents:
    • 6.2.1. Application for exchange or return of the Goods, with mandatory indication of justified and motivated reasons for exchange or return;
    • 6.2.2. Evidence confirming the circumstances stated in the application for the exchange or return of the Goods.
    • 6.2.3. Act of acceptance and transfer of the Goods / invoice (except for the invoice issued by the Service delivery) / receipt from the Seller (document confirming the purchase of the Goods).
  • 6.3. If the Goods are sent for exchange or return without the documents stipulated herein section, the Seller has the right to refuse to exchange or return the Goods.

VII. INTELLECTUAL PROPERTY RIGHTS

  • 7.1. Any information about the Product, in particular, but not exclusively, product description, image of the Product), the image or name of the brand (trademark) "RIORNAILS", "RIOR", which are placed on the Site, belong to the Site Administration and are objects of intellectual property rights, are protected by the legislation on intellectual property of Ukraine, as well as by the corresponding international legal treaties and conventions. Any use of the elements, symbols, texts, graphic images, programs and other objects included in the composition Site, without the permission of the Site Administration, is illegal and may lead to legal action examination and prosecution of violators in civil, administrative and criminal proceedings 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 right of another subject.
  • 7.2. When quoting materials from the Site, including copyrighted works, refer to The site is mandatory.

VIIІ. RESPONSIBILITY

  • 8.1. The Site user undertakes not to take any actions that violate the law of Ukraine, norms of international law and actions that may disrupt normal functioning Site. The Site Administration has the right to demand compensation from the User for damages that caused in connection with the violation of this clause. The preliminary amount of damages is determined according to the certificate compiled by the Site Administration.
  • 8.2. Any disputes are subject to negotiation. If the Parties failed resolve the dispute through negotiations, then such a dispute is subject to resolution 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. Site administration (except cases when the Site Administration is the Seller) bears no responsibility to Buyers for fulfillment of the Order by Sellers and related issues, including but not exclusively:
    • 8.3.1. for compliance of the terms of the Offer with the actual terms of sale of the Goods;
    • 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;
    • 8.3.5. for 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. 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 up to the moment transfer of 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 will not undertakes to update them. The Administration of the Site is under no circumstances liable liability for any damages (including, but not limited to, damages for loss profit, data or from interruption of business activity, etc.) arising as a result use, impossibility of use or results of use of this Site.
  • 8.6. The Seller's responsibility for changes in the terms of purchase of the Goods compared to those specified 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 it (if they were paid, in addition to monetary funds, spent on the delivery of the Goods, including the return).
    • 8.6.1. In any case, the Parties agree that the amount of any damages (as material and non-material), which may be paid to the User in connection with 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 take on responsibility for the actions of the processing centers. When paying for the order by bank transfer card payment processing (including entering the card number) takes place on a secure page of the processing system. This means that confidential data (card details, registration data, etc.) of the Payer are not sent to the Seller or the Site Administration, they are processing is fully protected and no one can obtain the Payer's personal and bank data. When working with card data, the developed information protection standard is applied international payment systems Visa and MasterCard - Payment Card Industry Data Security Standard (PCI DSS), which ensures safe processing of details of the Payer's bank card. The data transmission technology used guarantees the security of banking transactions cards by using Secure Sockets Layer (SSL) protocols.
  • 8.8. Warranty obligations apply to Goods covered by a warranty period in accordance with the conditions specified in the information materials of the manufacturer. If according to according to 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 Goods 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 if the data in the Order are inaccurately (incorrectly) specified and this led to additional costs Seller related to 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 Buyer in in full. 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 set off counterclaims).
  • 8.10. The Site administration is not responsible for the functionality of the equipment on which hosted Site, Site availability, operation of data transmission channels and other technical means for Users to access the Site. The Site Administration is not responsible responsibility for visiting and using external resources by the User, 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 transportation, as well as for the preservation of the Goods, changes in the cost of the carrier's services, as well as others actions/inaction of the Delivery Service.
  • 8.12. By registering on the Site, the User agrees to provide reliable and accurate information about yourself and your contact details. As a result of registration, the User receives a login and password for access to the Personal Cabinet, for the security of which the User is responsible. 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, indicated in the Personal account/Order. In case of refusal of the User to receive mailings The Site Administration undertakes to stop such mailings 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 delivered sent to the Buyer. In this regard, the Buyer/Recipient is obliged to take actions, provided for in clause 4.5. Agreement, and in case of failure to bear the risk of the consequences that provided for in clause 4.5.1. agreements
  • 8.14. The Site Administration does not bear any responsibility for errors and typographical inaccuracies, which may be found in the Offer and other materials contained on the Site. The whole information, the Offer and materials are provided on an "AS IS" basis, without warranties, either express or implied direct
  • 8.15 The buyer agrees that all materials, Offers and services of the Site may be accompanied by advertising. Sellers and Site Administration bear none responsibility and have no obligations in connection with such advertising.

IX. MISCELLANEOUS

  • 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. Accepting the terms of the Agreement, the User also confirms that he is familiar with and agrees with the Privacy Policy of the Site, with its terms Agreements, as well as the policy of using cookies.
  • 9.3. The user gives his consent to receive electronic messages on the specified by him e-mail 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 the Order, offer, statement or other document or which reported to the Delivery Service. Such notices are considered proper notification User.
  • 9.4. The current version of the Agreement is available at the web link https://riornails.com/info/agreement/#menu sub-1. The Agreement may be changed by the Site Administration without prior notice User. The User is considered notified of the new version of the Agreement after it publications on the Site. Continuation of use of the Site by the User (any of his further interaction with the Site) means his agreement with 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 notice to the User, cancel his account (Personal account) if it has not been used over 12 consecutive calendar months.
  • 9.7. Buyer agrees that 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 has no authority to accept and execute the Order, as well as obligations that arise after the sale of the Product, except when the Site Administration intervenes 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 court's recognition of any provision of the Agreement as invalid does not indicate the invalidity of others provisions of the Agreement