Sub-Total £0.00
Terms and conditions TrueLoaded by Holbi
(valid since 14.10. 2021)
Management of the website, located at the address on the Internet: https://painting.tllab.co.uk (hereinafter – the “Website”) is carried out by a sole trader Sarkisova Margarita Garikivna, entry number in the USR № 2010350000000061855 from 09 October 2021, which is registered and acts in accordance with the requirements of the legislation of Ukraine (hereinafter – the “Seller”).
This public offer agreement is posted in electronic form on the website: https://painting.tllab.co.uk, is a public offer agreement according to Art. 633 of the Civil Code of Ukraine, and the accession agreement according to Art. 634 of the Civil Code of Ukraine.
By ordering goods posted on the website https://painting.tllab.co.uk, the user agrees to the terms set forth in this agreement. In case of disagreement with the terms of this agreement, the user is obliged to immediately stop using the website https://painting.tllab.co.uk and leave it.
1. PREAMBLE OF THE AGREEMENT
1.1. This Agreement is considered concluded (enters into force) in electronic form, in accordance with the Law of Ukraine “On Electronic Commerce” from the moment of unconditional and full acceptance (approval, acceptance) by the Customer of the terms of this Agreement, as evidenced by payment of the ordered Goods.
1.2. By accepting this Agreement, the user hereby confirms that:
1.2.1. the user leaves complete, correct and relevant information when ordering the Goods;
1.2.2. the user is an adult and has full legal capacity;
1.2.3. the user has received an electronic copy of this Agreement in a form that makes it impossible to change its content, fully familiar with the terms of this Agreement, has no reservations or objections to the terms of the Agreement and undertakes to properly fulfill its obligations under this agreement.
1.3. This Agreement is concluded without the signing of written copies of the Agreement by the Parties.
1.4. This Agreement, concluded in compliance with the above conditions, is considered to be equivalent in legal consequences to an Agreement concluded in writing.
2. BASIC CONCEPTS
2.1. Agreement – is a document published on the Website on the Internet, which regulates the relationship between Users, Customers, Visitors to the Website and the Seller.
2.2. Acceptance – is a full and unconditional acceptance by the User, Customer, Visitor of the Website of all terms of the Agreement without any exceptions and/or reservations, which is equivalent to the conclusion of a bilateral written Agreement.
2.3. Website – is a website owned by the Contractor and having an address on the Internet https://painting.tllab.co.uk, through which the User has the opportunity to purchase and receive a desired product.
2.4. Website Visitor – is a person who enters the Website without the purpose of purchasing the Contractor’s goods.
2.5 User - is a person who has access to the Website and uses it via the Internet, accepts the terms of this Agreement, and intends to place an Order.
2.6. Buyer – is the User who has accepted this Agreement and the Order on the Website and is the buyer of the goods under this Agreement.
2.7. Seller – is a sole trader and/or his authorized persons who exercise control over this Website and offer an unlimited number of persons (Users) to buy goods that are posted on the Website.
2.8. Goods – paintings, photos of which are presented on the Website.
2.9. Order – is a duly executed request of the Buyer for the purchase of the selected Goods on the Website.
2.10. Other terms not defined in the “Basic Concepts” clause may be used in this Agreement, in which case the interpretation of the terminology used in the Agreement shall be in accordance with the text of this Agreement. In the absence of an unambiguous interpretation of terminology in the text of the Agreement, should be guided by the interpretation of concepts: firstly – in the materials posted on the Website https://painting.tllab.co.uk, secondly – the interpretation and definition of concepts formed in Internet.
3. SUBJECT MATTER OF THE AGREEMENT
3.1. This Agreement, as well as information about the Goods presented on the Website, is a public offer in accordance with Art. 633 of the Civil Code of Ukraine.
3.2. The Buyer undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to accept and pay for it under the conditions specified in this Agreement.
3.3. This Agreement regulates the purchase and sale of the Goods on the Website, including the procedure for the Buyer to select the Goods, self-execution of the Order by the Buyer and payment by the Buyer of the ordered Goods.
3.4. This Agreement applies to all types of Goods identified (posted) on the Website.
4. TERMS AND PROCEDURE FOR PURCHASE AND SALE OF GOODS
4.1. The Seller ensures the availability of the Goods presented on the Website in the warehouse. Images (photos) of the Goods are illustrations to it, so the actual appearance of the Goods may differ from them. Accompanying Product descriptions and specifications are not exhaustive. In order to clarify the information about the Goods, the Buyer may at any time contact the Seller.
4.2. The User, who intends to buy the Goods on the Website, adds the relevant Goods to the cart and places the Order.
4.3. The order is considered to be executed from the moment of entering by the Buyer of the data in the special form defined on the Website.
4.4. After placing the Order, the Buyer is provided with information about the expected delivery date of the Goods by sending a message to the Buyer by e-mail specified by the Buyer at the time of placing the Order, or specified in the Buyer’s personal account on the Website or by telephone.
4.5. The Buyer’s representative has the right to clarify the details of the Order by telephone.
4.6. In case of absence of the Goods ordered by the Buyer in the Seller’s warehouse, the latter notifies the Buyer by sending a notice to the e-mail address specified by the Buyer during the Order, or specified by the Buyer in the personal account on the Website.
5. DELIVERY
5.1. Orders are sent from the moment of its confirmation by the Seller, provided that the Goods are in warehouse.
5.2. Delivery of the Goods is carried out by the postal operator, delivery service (hereinafter – the Carrier) to the address specified by the Buyer during the execution of the Order. The Buyer chooses one of the methods of delivery of the Goods indicated on the Website, including international delivery, by choosing the appropriate country and international delivery services.
5.3. Delivery of the Goods is carried out in the manner specified on the Website.
5.4. The cost of the selected method of delivery of the Goods is calculated individually, based on the declared value, which corresponds to the actual amount of the order according to the tariffs of the delivery service, and is paid by the Buyer.
5.5. Terms and conditions of delivery are determined by the relevant service (including international) delivery, depending on the method of delivery chosen by the Buyer. The Seller is not responsible for the terms and conditions of delivery and does not specify them.
5.6. The place of delivery of the Goods is indicated by the Buyer when placing the Order for the purchase of the Goods.
5.7. Delivery time of the Goods to the Buyer consists of the term of order processing and delivery time.
5.8. Upon delivery the Order is delivered to the Buyer or a third party specified in the Order as the Buyer or the recipient. Upon delivery of the Order, the Carrier has the right to require the presentation of an identity document of the recipient.
5.9. In cases provided by the current legislation of Ukraine, the cost of delivery, including international delivery, is not reimbursed to the Buyer. This clause applies in case of return (exchange) of the Goods to the Buyer.
5.10. The order is delivered to the specified branch of the Carrier or by courier to the address specified by the Buyer. To receive the order, the Buyer presents an identity document and the number of the delivery declaration.
5.11. The cost of international delivery services is paid by the Buyer during the registration of the Order and purchase of the Goods in accordance with the tariffs of the international delivery service.
5.12. The number of the delivery declaration is communicated to the Buyer in any of the following ways: by telephone, messenger (Viber, WhatsApp, Telegram) by e-mail.
5.13. The Buyer understands that in order to receive the Goods outside Ukraine, there may be additional costs for customs clearance of the Goods, including additional taxes and fees, etc., which are covered by the Buyer independently.
5.14. If during the inspection and receipt of the Goods in the Carrier’s office a significant defect of the goods (hidden defect) is found, the Goods are accepted by the Seller for exchange, and if it is impossible to eliminate the defect or the Buyer does not want to receive similar Goods, the Seller returns the money.
5.15. In case of detection of a significant defect of the Goods, the Buyer must notify the Seller by e-mail margopersimmon@gmail.com. In this case, the return of the Goods is made by the Carrier, and all costs associated with the delivery of the Goods of improper quality are borne by the Buyer.
5.16. Responsibility for accidental damage or destruction of the Goods passes to the Buyer from the moment of transfer of the Order and affixing in the documents confirming delivery of the Order, the signature of the Buyer (recipient).
5.17. The Buyer’s claims for the return of the Goods shall not be satisfied if it is proved that the defects of the Goods have arisen as a result of the Buyer’s violation of the rules of use of the Goods, storage conditions or return conditions.
5.18. If the international delivery service returns the Goods to the Seller in connection with the Buyer’s refusal to accept the Goods, the Seller has the right in cases provided by law to recover all delivery costs and the cost of the Goods from the Buyer in accordance with current legislation of Ukraine and international treaties or the legislation of the country of delivery of the Goods.
5.19. Upon return of the Goods, duties, taxes and other mandatory fees are not refundable.
5.20. The Seller has the right to refuse the Buyer the return of quality Goods, which in accordance with current legislation of Ukraine is recognized as non-refundable.
5.21. The funds are returned to the Buyer upon receipt of the returned Goods, processing by the Seller of a duly completed application of the Buyer, attached documents on the Goods and confirmation of the grounds for return.
5.22. Refunds are made by transfer to the Buyer’s bank card either the number specified in the return application, or other bank details from which payment was made for the Goods not later than 7 (seven) calendar days from the moment of receipt by the Seller of the returned Goods, application and confirmation of compliance by the Buyer with the conditions of return of the Goods. This period may be extended in cases where the Goods were sent abroad. The refund period directly depends on the sending bank and the receiving bank.
5.23. When returning funds to the Buyer’s bank card, the term of receipt of funds on the Buyer’s account may depend on the policy of the bank that issued the card.
6. PRICE OF GOODS, PROCEDURE OF PAYMENT
6.1. The name, vendor code, and price of the Goods selected by the Buyer are indicated in the card of the Goods on the Website.
6.2. The price of the Goods does not include mandatory payments and taxes. The buyer pays the mandatory payments (duties, taxes and other mandatory fees).
6.3. The price of the Goods is indicated on the Website. In case of incorrect indication of the price of the ordered Goods, the Seller informs the Buyer about it to confirm the Order with the adjusted price or cancellation of the Order.
6.4. The price of the Goods may be changed by the Seller unilaterally. In this case, the price of the Goods ordered by the Buyer is not subject to change.
6.5. The price of the Buyer’s order is determined by adding the price of all Goods included in the Order, which is equal to the amount payable by the Buyer and is indicated during the ordering.
6.6. Payment for the Goods is made in non-cash form to the Seller’s current account using a MasterCard/Visa bank card on the Website or using payment systems (PayPal, LiqPay, etc.).
6.7. Payment for the Goods is considered made at the time of receipt by the Seller from the payment system operator of the electronic confirmation of the transaction, subject to further crediting (receipt) of funds in the amount of the ordered Goods to the current account of the Seller.
6.8. Having paid the value of the Order, in the manner prescribed by this clause, the Agreement is considered concluded between the Seller and the Buyer and the Buyer has the rights and obligations under this Agreement.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Seller undertakes:
7.1.1. to fulfill the Buyer’s Order in case of payment.
7.1.2. to transfer the Goods to the Buyer in accordance with the selected sample on the Website, executed by the Order and the terms of this Agreement.
7.1.3. to inform the Buyer about the status of the Order and the fact of successful payment;
7.1.4. to advise the User at registration/confirmation/payment of the Order, including independently to contact the User at the e-mail address and/or phone number specified by the User at registration on the Site;
7.1.5. comply with the requirements of the legislation of Ukraine, including concerning the processing, transmission and protection of personal data of users and customers.
7.2. The Seller has the right to:
7.2.1. make changes and/or additions to the terms of the Agreement unilaterally without any special notice to the User about making such changes and/or additions;
7.2.2. process personal data of the User during the conclusion and execution of this Agreement, as well as enter them into its own personal data base in the manner prescribed by current legislation of Ukraine on the basis of consent given by the User;
7.2.3. refuse to enter into the Agreement, as well as return the money paid by the Buyer, if the Buyer’s payment has not passed the security check provided by the legislation of Ukraine, the rules of International Payment Systems and internal procedures of the authorized bank;
7.2.4. require the Buyer to provide the information necessary to place an Order on the Website;
7.2.5. require the Buyer to perform and comply with the terms of this Agreement;
7.2.6. to change unilaterally the price of the Goods;
7.2.7. to involve third parties to fulfill their obligations under the Agreement;
7.2.8. at its own discretion to delete the information posted on the Website and take measures to terminate/suspend access to the Website of the User, which violates the rules of this Agreement;
7.2.9. unilaterally terminate this Agreement in the cases and in the manner prescribed by this Agreement;
7.2.10. to demand from the Buyer compensation for the damage caused by the Buyer’s actions.
7.3. The Buyer undertakes:
7.3.1. to comply with the terms of this Agreement;
7.3.2. to comply with the requirements of the legislation of Ukraine and the rules of the International Payment Systems for payment of the Goods;
7.3.3. to use a bank card registered in the name of the Buyer during the Order;
7.3.4. to ensure the availability of a sufficient amount of money on the bank card, which is used to make non-cash payment for the Goods;
7.3.5. to pay and accept the ordered Goods from the Carrier timely and in full;
7.3.6. to ensure timely payment of obligatory taxes, payments, in particular, but not exclusively customs payments related to the delivery of the Goods outside the customs territory of Ukraine;
7.3.7. in case of disagreement with this Agreement or changes, refuse to use the Website.
7.4. The Customer is prohibited from:
7.4.1. to incite religious, racial or ethnic hatred;
7.4.2. to commit acts that violate the rights and freedoms, honor and dignity of any person;
7.4.3. use obscene language, even if it is masked by other symbols;
7.4.4. to provoke a “verbal war” that has nothing to do with the primary cause of the dispute;
7.4.5. take actions aimed at misleading other users;
7.4.6. use any computer programs for automated collection of information on the Website;
7.4.7. to carry out illegal collection, systematization, storage or distribution of personal data of other users;
7.4.8. to place computer viruses or programs that can interrupt or disrupt the normal functionality of computer equipment and software, as well as telecommunications of any person;
7.4.9. to perform other actions prohibited by this Agreement.
7.5. The Customer has the right:
7.5.1. to purchase the Goods on the terms and in the manner prescribed by this Agreement;
7.5.2. require the Seller to comply with the conditions of safety and quality of the Goods
7.5.3. when placing an Order to provide the Seller by filling out forms or optionally provide relevant and truthful information in any form on the Website, necessary to communicate with the Customer in the purchase of Goods under this Agreement.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All rights to the Website belong to the Seller.
8.2. The intellectual property rights to the materials used on the Webite, in particular, but not limited to, text materials, images, videos, logos, graphics, sounds belong to the Seller.
8.3. The Seller also uses objects of intellectual property rights that may belong to other persons in accordance with current legislation of Ukraine.
8.4. By purchasing the Goods from the Seller, the Buyer receives intellectual property rights to the purchased Goods only in the amounts specified in this Agreement, in particular:
8.4.1. the right to allow the use of the Goods;
8.4.2. the right to prevent the misuse of the Goods;
8.4.3. the right of public demonstration and public display of the Goods;
8.4.4. the right to make the Goods available to the public in such a way that its representatives can access the Goods from any place and at any time at their own request.
8.5. Personal non-property rights to the Goods belong to the Seller as the author of the said Goods.
8.6. The Seller has the right to publish a photo (image) of the Goods, as a sample of his work without the possibility of full-format reproduction.
8.7. The Seller has the right for marketing, advertising purposes to notify the presence of such Goods as a result of author’s work.
8.8. The Buyer undertakes, accepting the terms of this Agreement, not to copy or distribute in any way (not to publish, not to post on other resources on the Internet, not to transfer or resell to third parties) materials belonging to the Seller, not to use the Goods otherwise than for personal use. In case of violation of this provision, the Customer shall be liable in accordance with this Agreement and the legislation of Ukraine.
9. RESPONSIBILITY AND DISPUTE RESOLUTION PROCEDURE
9.1. The Parties shall be liable for non-performance or improper performance of obligations under this Agreement in accordance with the current legislation of Ukraine, taking into account the features established by the Agreement.
9.2. The Seller makes every effort to ensure the accuracy and reliability of the information displayed on the Website. In this case, the Seller is not responsible for any errors and inaccuracies that may be found in the materials of the Website.
9.3. The Seller shall not be liable to the Buyer for non-performance or improper performance of obligations under this Agreement, if it arose as a result of force majeure, namely: fire, natural disaster, hostilities, riots, epidemics, blockades, strikes, earthquakes, floods, as well as due to decisions or instructions of public or local authorities, as a result of which additional obligations or restrictions will be imposed on the parties and which make further full or partial implementation of the Agreement impossible, as well as other existing actions or events against the will of the Parties, including improper performance or delay in performance of duties by state authorities and their departments, as well as enterprises regardless of the form of ownership, the activities of which are related to the performance of their obligations by the Seller.
9.4. The Parties are aware that as a result of a malfunction of the Website, a virus or hacker attack, technical malfunctions and other force majeure, the Buyer’s data may become available to others. The User understands and agrees that he will not make a claim against the Seller in this regard.
9.5. In case of non-performance or improper performance of obligations under this Agreement, the Party whose right has been violated shall send a written request to the other Party.
9.6. All requirements of the Buyer to the Seller regarding the proper fulfillment of the terms of this Agreement must be sent by the Buyer to the e-mail address of the Seller specified in this Agreement, in the form of scanned and signed with an electronic digital signature of the claim with obligatory further sending of the original of such requirement to the postal address of the Seller specified in this Agreement.. In case of violation of the procedure and conditions of sending such a claim by the Buyer, the latter is considered to have been sent improperly and does not create any legal consequences for the Seller.
9.7. The Party whose right has been violated has the right to file a lawsuit in the manner prescribed by the legislation of Ukraine.
10. EFFECT OF THE AGREEMENT AND OTHER CONDITIONS
10.1. This Agreement shall enter into force upon acceptance of the offer (payment for the value of the Goods) by the Buyer and shall remain in force until the Parties have fully fulfilled their obligations.
10.2. The Agreement may be terminated between the Parties in the manner prescribed by current legislation of Ukraine, as well as:
10.2.1. unilaterally on the initiative of the Seller if the Buyer has violated the terms of this Agreement, intellectual property rights or related rights of the Seller to place his Goods (copyrighted works).
10.2.2. unilaterally at the initiative of the Seller if the Buyer violated the rules of conduct in the implementation of this Agreement, namely: incitement to ethnic conflicts, spam, advertising, obscene language, rudeness, insults to the Seller, insults to other users.
10.3. The Contractor has the right to make changes to this Agreement without the consent and notification of the Customer.
10.4. The new version of this Agreement shall enter into force upon its posting on the Website, unless otherwise provided by the new version of the Agreement.
10.5. This Agreement shall apply in accordance with the legislation of Ukraine. Any disputes concerning the implementation of this Agreement will be resolved by the relevant court in the manner prescribed by legislation of Ukraine.
10.6. Correspondence should be made to the following e-mail address margopersimmon@gmail.com.
10.7. All issues not regulated by this Agreement shall be resolved in accordance with the current legislation of Ukraine.
11. DETAILS OF THE PERFORMER
Sole trader Sarkisova Margarita Garikivna
Address: 61002, Ukraine, Kharkiv city, Pushkinskiy drive, house 6
USR information:
Record number № 2010350000000061855 from 09 October 2021
Means of communication: margopersimmon@gmail.com
