Terms and conditions

Welcome to zaimak.art!

Terms used in this User Agreement:

• Administration- administration of the website of the online store www.zaimak.art.
• Website- website of the online store www.zaimak.art.
• Agreement- User Agreement is given.
• Seller- a legal entity or a natural person-entrepreneur who places information on the Site about the goods he sells and the services he offers. The Seller may be either the Administration or any person to whom the Site Administration has granted permission to post information about the goods / services of such person. The name of the Seller is indicated in the documents for the transfer of the Goods to the Recipient (in the act of acceptance-transfer or other documents confirming the fact of transfer of the Goods to the Recipient).
• Goods- goods, services, works, property rights, other tangible and intangible objects, information about which is posted on the Site.
• User (Consumer)- A consumer who views information on the Site and / or orders and / or receives Goods using the tools of the Site. Recipient, Payer are Users.
• Order- appeal of the User through the Site to the Seller with a request to sell the Goods, as well as the set of Goods ordered by the User.
• Payer- the person who pays for the Order.
• Recipient- a person specified by the Payer as the one authorized to receive the Goods in accordance with the Order. Unless otherwise specified in the Order form, the Recipient is the Payer.
• Offer- information posted on the Site 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 Goods by the Consumer. The terms of the Offer are determined by the Seller. The offer is not an offer, but only information about the possible conditions of purchase of the Goods.

1. General terms of use of the Site

1.1.The site is a platform for posting offers for the sale of goods.

1.2.This Agreement is a public offer. By accessing the materials of the Site, the User hereby joins this Agreement.

1.3.The Site Administration has the right to unilaterally change the terms of this Agreement at any time. Such changes shall take effect upon posting a new version of the Agreement on the Site

1.4.The offer on the Site is not an offer. However, after reviewing the Offer, the User has the right to make an offer by filling out the Order form. Completion of the Order form is considered to be the User's offer to purchase the relevant Goods by the User under the conditions specified in the Offer.

1.5.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, began to provide services or perform work in accordance with the terms of the User's offer.

1.6.Upon receipt of the User's offer, the Seller has the right to offer to purchase the Goods on terms other than those provided by the User's offer. In this case, such an offer is considered a counter-offer and must be accepted by the User. Acceptance of the counter-offer is considered to be the actual receipt by the User (Recipient) of the Goods on the terms stipulated by the counter-offer. The Seller has the right to withdraw such counter-offer until the goods are delivered to the Buyer.

1.7.Sufficient proof of acceptance of the offer by the Seller or counter-offer (ie agreement by the Parties on all material terms of sale of the Goods) is the actual receipt and acceptance of the Goods by the Recipient.

1.8.Not accepted by the Seller as acceptance of the User's Offer sent by the Seller and / or the Administration by means of electrical (sms-information, e-mail, phone, etc.) or other communication notification of the Seller / Administration about receipt of the User's Order 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 reproduces the terms of the offer provided by the User.

1.9.The only means of reimbursement 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. paid by the Payer). The Recipient has the right to exercise this right until the signing of documents confirming receipt of the Goods (including documents of the carrier on delivery of the shipment with the Goods to the Recipient).

1.10.The moment of receipt and acceptance of the Goods by the Recipient is the moment (depending on which occurred earlier):

• signing by the Recipient of the act of acceptance-transfer of the Goods (or other equivalent in content document confirming the fact of transfer of the Goods to the Recipient), or
• signing by the Recipient of the carrier's documents confirming the 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, etc.).

1.11.The Seller may organize marketing and other promotions to promote the Site and increase demand for the Goods. By ordering Goods on the Site, the User agrees to participate in all promotions that take place at the Seller at the time of ordering Goods, unless otherwise provided by the terms of the promotion. The user undertakes to get acquainted in detail with all the conditions of the promotion, which are valid at the time of ordering. The user who does not wish to participate in existing promotions must clearly state during the order that he does not wish to participate in existing promotions. Such User will be sold the product without promotional conditions.

1.12.Product information.

1.12.1.Information about the Goods is contained on the Goods themselves, 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 Site).

1.12.2.Upon receipt of the Goods before signing the documents confirming receipt of the Goods, the Recipient is obliged to read the information about the goods contained in the Goods and / or its packaging and / or accompanying documents. 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 of the Goods specified in the Offer is approximate. Price for the Goods agreed by the Parties in accordance with clause 1.4 1.8. The Agreement may be amended 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 1.8. Under 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 funds paid for the Goods, as well as funds paid for the delivery of the Goods to the Recipient. No other compensation (including damages, penalties, etc.) is provided by the Seller or the Administration.

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 also 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 delivery of the Goods to the Recipient.

1.14.2.In case of obsolescence of materials (including the terms of the Offer) on the Site, the Administration does not undertake to update them. Under no circumstances shall the Administration be liable for any damages (including, but not limited to, damages from loss of profits, data or interruption of business activities) resulting from the use, inability to use or results of use of this Site.

1.14.3.The Seller's liability for changes in the terms of purchase of the Goods in comparison with those specified in the Offer is limited to the fact that the Recipient (User, Payer) has the right to refuse to purchase the Goods and demand a refund (if paid).

1.14.4.In any case, the amount of damages (both tangible and intangible) that may be paid to the User (Payer, Recipient) in connection with the violation of his rights when using the Site (in particular, due to 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, limited to ten hryvnias.

1.14.5.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 related to delivery of the Goods to the wrong address or delivery of the Goods that do not belong to the Recipient, all related losses and costs are borne by the User. 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 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 Site.

2.2.The User agrees not to take any action that may be considered a violation of Ukrainian law or international law, in particular in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to disruption of the Site and its services.

2.3.Use of site materials without the consent of the copyright holders is not allowed. For the lawful use of the materials of the Site it is necessary to conclude license agreements (obtaining licenses) with the right holders.

2.4.When quoting materials from the site, including copyrighted works, reference to the Site is required.

2.5.Comments and other records of the User on the Site must not contradict the requirements of the legislation of Ukraine and generally accepted norms of morality and ethics.

2.6.The user is warned that the Administration of the Site is not responsible for visiting and using external resources, links to which may be contained on the site.

2.7.The User accepts that all materials and services of the Site or any part of them may be accompanied by advertising. The user agrees that the Administration of the Site is not responsible and has no obligations in connection with such advertising.

3. Procedure for exchange and return of Goods by the Recipient (User, Payer)

3.1.Exchange and return of goods (including the termination of the contract of sale) in accordance with the Law of Ukraine "On Consumer Protection" may be carried out at: Ukraine, Kyiv region, Novosilky, Primiska Street, 26b (if such an opportunity determined by the terms of the Seller). The user, in particular, is also obliged to properly pack the shipment inside and out so that the goods are not damaged during transportation.

3.2.When exchanging and returning the Goods should be sent in full, including the following documents:

• Application for exchange or refund, indicating the reasons for the exchange or refund;
• Act of acceptance-transfer of goods / invoice / check from the Seller (document confirming the purchase of goods);

3.3The consumer agrees to receive e-mails regarding the consideration of his application to the e-mail specified by him and / or by means of mobile communications and / or by means of messengers (WhatsApp, Telegram, Viber) linked to the telephone number specified Consumer (User) in a statement or other document. Such messages are considered to inform the Consumer.

4. Personal data

4.1.By placing an Order on the zaimak.art Website and / or ticking the appropriate box on the zaimak.art website before filling in your personal data, as well as participating in programs, promotions, etc. organized by the Administration, the User gives his consent to the Administration to collect and process (accumulation, storage, adaptation, restoration, use, dissemination, depersonalization and destruction) of the data specified by them, namely: surname, name, patronymic; Email; phone; address; Date and place of birth; ID number; citizenship; availability of benefits; information on registration as a natural person-entrepreneur; information about marriage; information on income and expenses; place of work and position; work experience; date and reasons for dismissal from previous jobs; information on receiving pensions; marital status; property status (presence of immovable and / or movable property); place of actual residence; place of residence according to state registration; passport data (number, series, by whom and when issued); data on children, including adopted; other data, 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 to freight forwarding and courier organizations, any Banks and / or financial institutions to process information on the provision and receipt of telecommunications services, permission to process personal data, and other third parties (without limitation) at the discretion of the Administration. This provision is valid without limitation of validity. place of residence according to state registration; passport data (number, series, by whom and when issued); data on children, including adopted; other data, 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 to freight forwarding and courier organizations, any Banks and / or financial institutions to process information on the provision and receipt of telecommunications services, permission to process personal data, and other third parties (without limitation) at the discretion of the Administration. This provision is valid without limitation of validity. place of residence according to state registration; passport data (number, series, by whom and when issued); data on children, including adopted; other data, 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 to freight forwarding and courier organizations, any Banks and / or financial institutions to process information on the provision and receipt of telecommunications services, permission to process personal data, and other third parties (without limitation) at the discretion of the Administration. This provision is valid without limitation of validity. 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 to freight forwarding and courier organizations, any banks and / or financial institutions, to process information on the provision and obtaining telecommunication services, permission to process personal data, and other third parties (without limitation) at the discretion of the Administration. This provision is valid without limitation of validity. 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 to freight forwarding and courier organizations, any banks and / or financial institutions, to process information on the provision and obtaining telecommunication services, permission to process personal data, and other third parties (without limitation) at the discretion of the Administration. This provision is valid without limitation of validity. and other third parties (without limitation) at the discretion of the Administration. This provision is valid without limitation of validity. and other third parties (without limitation) at the discretion of the Administration. This provision is valid without limitation of validity.

4.2.The source of personal data collection is information provided directly and voluntarily by the User.

4.3.The owner of the personal data provided by the User is the Administration.

4.4.According to the Law of Ukraine "On Personal Data Protection", the personal data subject has the right to: know about the sources of collection, location of personal data, purpose of processing, location or place of residence (stay) of the owner or controller of personal data or give a power of attorney regarding the receipt of this information by 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 his personal data stored; 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 inaccurate; to protect their personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, and to protect against the provision of information that is inaccurate or tarnishes the honor, dignity and business reputation of the physical persons; to complain about the processing of their personal data to public authorities and officials authorized to ensure the protection of personal data, or to the court; apply legal remedies in case of violation of the legislation on personal data protection; make reservations about the restriction of the rights to the processing of 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.

5. Other conditions

5.1.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. In this case, the relationship between the parties is subject to the provisions of Art. 636 of the Civil Code of Ukraine.

5.2.To issue the Goods to the Recipient, the latter is obliged to provide upon receipt of the Goods an identity document (passport).

5.3.Upon receipt of the Goods, the Recipient is obliged to put his signature in the documents, which confirms that he has received the Goods.

5.4.All possible disputes arising from or related to this Agreement shall be resolved in accordance with the current legislation of Ukraine.

5.5.Nothing in the Agreement shall be construed as establishing between the User and the Site Administration agency relations, partnership relations, joint venture relations, personal employment relations or other relations not expressly provided for in the Agreement.

5.6.The recognition by the court of any provision of the Agreement as invalid or not subject to enforcement shall not indicate the invalidity of other provisions of the Agreement.

5.7.Inaction on the part of the Site Administration in case of violation of the provisions of the Agreement by any user does not deprive the Site Administration of the right to subsequent appropriate actions to protect their interests and protect the copyrights of the Site materials protected under applicable law. The User confirms that he is familiar with all clauses of this Agreement and unconditionally accepts them.