User agreement
https://pixsel.pl
Kyiv city, Ukraine
Edited on March 27, 2023
This USER AGREEMENT HTTPS://pixsel.pl (hereinafter referred to as the Rules) was developed in accordance with Articles 11, 641, 642, 646, 698-711 of the Civil Code of Ukraine (https://zakon.rada.gov.ua/laws/show/435-15#n3446), Law Ukraine "On e-commerce" (https://zakon.rada.gov. ua/laws/show/675-19#n170), Art. 12, Article 13 of the Law of Ukraine “On Protection of Consumer Rights” (https:/ /zakon.rada.gov.ua/laws/show/1023-12#Text) and regulate relations between individual entrepreneurs: Minosyan Vartan Arakelovich, INN: 3148121551 (hereinafter referred to as “Entrepreneur”), as the administrator of the site https ://pixsel.pl and any individual (hereinafter referred to as the User) regarding the use of the site https://pixsel.pl
1. TERMS AND DEFINITIONS
In these Rules, unless the context otherwise requires, the following terms have the following meanings:
“Seller” – FOP Vartan Arakelovich Minosyan, code in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations 3148121551, location: Kiev. After acceptance (acceptance) of the offer, he acts as the Seller.
“Site” is a site that contains information about goods, works, services, conditions for their purchase, payment, delivery, promotions, advertising and marketing events, other general information, other information that is mandatory, in graphical and /or textual presentation, addressed to an indefinite number of persons, on the basis of which any person can make an informed choice and contact the Seller with a proposal to conclude a retail contract for the purchase and sale of goods on the terms set out in these Rules.
“User” is an adult, legally capable individual who has visited the Site and continues to use it under the conditions specified in these Rules.
“Offer” – the User’s choice from one item from the list of goods/works/services posted on the Site by adding the selected product to the “cart”, then entering the information required to place an order, and clicking the “place an order” button ( further - placing an order).
“Product” - protective glass for any devices, stationary or not, placed in cars, information about which is posted on the Site.
“Work/service” - work/services that are usually consumed at the time of their execution or provision, information about which is posted on the Site.
“Authorization” - receipt by the Seller of data, including personal, of the User during a visit to the Site and/or in the process of sending an offer (placing an order). The parties use a one-time identifier to sign the transaction. Authorization while on the Site is carried out by the User at will. Authorization during ordering is required.
“User Verification” - establishment (confirmation) by the Seller of the correspondence of the User’s face to his presence of the identification information received on the Site.
“Legislation” is the current legislation of Ukraine, which can be applied to legal relations related to the fulfillment and/or arising from the fulfillment of the obligations described in these Rules.
2. GENERAL CONDITIONS
2.1. By remaining on the Site, the User accepts the terms and procedure for sending an offer to the Seller (placing an order) and the Seller’s acceptance of the offer, and also provides the Seller with consent to the processing of personal data provided by him and other information that he considers necessary to provide, or which is mandatory to provide in accordance with Legislation, and also accepts the terms of liability for unfair use of the Site.
2.2. The Seller warns that the User is always an individual who has legal capacity and is an adult. Assessing adulthood and legal capacity is always subjective. The seller does not require the provision of documents confirming the availability of legal capacity or the attainment of 18 years of age by an individual. Civil legislation allows you to enter into transactions regarding the purchase of goods for personal use. To avoid situations when a minor or incompetent person uses the Site, places an order, sends an offer on the terms set out in these Rules, and in the future, his legal representative objects to such operations, the Seller considers it necessary to warn that for him such operations will be considered completed person without any restrictions, that is, legal representatives must independently ensure such actions that will be sufficient to prevent minors/incapacitated/partially capable persons from committing the actions described above.
2.3. The Seller assumes that all actions performed by a person on the Site, including the sent offer, are aimed at concluding a contract for the sale and purchase of goods, works, services for purposes unrelated to business activities, and, accordingly, in the future such person will not be provided any documents the provision of which is not intended for an individual. At the request of a legal entity or individual entrepreneur, a separate supply agreement is concluded (including in a simplified form) with the execution of all primary documents and the possibility of making payments using payment orders. The procedure for concluding such agreements is regulated by the economic legislation of Ukraine.
2.4. The Seller informs that the description of goods posted on the Site, including the prices indicated on the Site, may be changed. The final price is the price specified in the Seller’s acceptance sent in response to the User’s offer (order confirmation). Any information about the product contained on the Site is posted, inter alia, on the basis of technical and other information provided by the manufacturer of the product. If there are discrepancies in the information provided on the Site and in the manufacturer’s documents, the User must be guided by the data in the documents of the manufacturer of the goods. The Seller has the right to make changes to the information posted on the Site at any time without prior notice to Users.
2.5. The Seller informs the User that the selection and use of the product is a responsible action. The user must ensure that all requirements for operating the product are met.
2.6. The user is responsible for the accuracy of the information specified when sending an offer (placing an order). In this case, the User automatically provides his consent to the Seller to process his personal data, which additionally became or will become known to the Seller as a result of acceptance of the User’s offer. Processing includes, but is not limited to the following: collection, registration, accumulation, storage, adaptation, modification, updating, use and distribution (including transfer), depersonalization, destruction of personal data, for the purpose of maintaining a database of personal data of buyers, including the Seller receives the right survey the User through means of communication provided to the Seller or known to the Seller regarding the quality of goods/works/services, invitations to participate in advertising and marketing events, inform the User through means of communication provided to the Seller or known to the Seller about the results of consideration of his requests, messages about promotions, offers, advertising materials, activities of the Seller. The User agrees that the Seller should not obtain any additional consent from the User to transfer the User’s personal data; any other forms of obtaining the User’s consent are not provided. The user has the right at any time to refuse mailings (advertising, marketing messages) by notifying the Seller by phone: +38-073-795-09-07, or by unsubscribing from the mailing list by sending a return email to the specified city from his own email address mail. The user has the right to refuse consent to the processing of personal data, but understands that the Seller will store such information within the framework of tax and other applicable laws.
2.7. The Seller does not verify the data (information) provided by the User during authorization on the Site. All information provided by the User during authorization on the Site is accepted by the Seller without any additional verification and is the basis for the preparation of documents required during acceptance of the offer.
2.8. The text of these rules is subject to copyright, the property rights to which belong to the Seller and are protected in accordance with the Law.
2.9. The Seller uses cookies to ensure that the most complete information is provided so that Users have the best experience on the Site. If the User continues to use the Site, this means his consent to the use of cookies and the Seller receiving all cookies, as well as the ability to send the User the latest information about the latest offers and promotions. The user can at any time refuse to receive mailings or prohibit the use of cookies by personalizing the settings of his device with which he uses the Site.
2.10. Using the Site to view products/works/services, as well as to place an order, is free for the User. The terms of access to the Internet are governed by a separate agreement between the User and his Internet provider without the intervention of the Seller.
2.11. The Site and the services provided by the Site may be temporarily partially or completely unavailable for reasons of preventive, routine, or other technical work. The Seller's technical service has the right to carry out the necessary preventive, routine and other technical work without warning the User.
2.12. The Seller reserves the right to unilaterally make changes to these Rules with prior publication on the Site.
2.13. The court's recognition of individual provisions of these Rules as invalid does not entail the invalidity of these Rules as a whole.
2.14. There are other agreements (rules) on the Site that govern individual relationships (for example, but not limited to, delivery and payment, returns and exchanges, installation of goods, etc.). In this case, the conditions such contracts apply in addition to these Rules.
3. PROCEDURE FOR CONCLUSION OF CONTRACTS USING THE SITE
3.1. Information about goods/works/services posted on the Site is an invitation to make offers to enter into an agreement to purchase goods/works/services and is not an offer from the Seller, since the range and characteristics of goods/works/services may change, the product may be discontinued, goods can be sold without any leftovers, goods can be revalued either down or up, any promotions, sales, etc. can be applied to goods/works/services.
3.2. After reading the information posted on the Site, the User has the right to make an offer to the Seller to enter into an agreement (offer) by filling out an order on the Site or via telephone. Placing an order is considered an offer by the User to the Seller to purchase goods/works/services on the terms specified in the relevant order.
3.3. Submission by the User of an offer, as described in clause 3.2. of these Rules is a confirmation that he has read the description of the selected goods/works/services, their technical characteristics and terms of provision; it is also a confirmation that the selected product/work/service fully corresponds to the purpose of its acquisition; The user is solely responsible for making an informed choice of goods/work/services in accordance with these Rules.
3.4. Acceptance of the User's offer (acceptance) is the Seller's performance of actions in accordance with the terms of the contract specified in the offer (shipment of goods, provision of services, performance of work), which confirms the Seller's desire to conclude the relevant contract.
3.5. The Seller has the right to offer the User to purchase goods/work/services on conditions other than those specified in the User’s offer. In this case, such an offer from the Seller is considered a counter offer that can be accepted by the User. Acceptance of the Seller's counter-offer is considered to be the receipt by the User of goods/work/services under the conditions provided for in the counter-offer. The Seller has the right to withdraw the counter-offer until the User receives the goods.
3.6. The User has the right to confirm his intention to consider himself obligated to make a transfer of funds in the amount of the price of goods/work/services specified in the offer, if accepted by the Seller. If the offer is accepted by the Seller, as provided for by the terms of these Rules, the transferred funds are considered payment by the User for the goods/works/services. If the Seller does not agree with the acceptance of the offer, the funds transferred by the User shall be returned by the Seller to the User.
3.7. The terms of concluded agreements for the purchase of goods/works/services are regulated by the norms of the Civil Code of Ukraine, the Law of Ukraine “On the Protection of Consumer Rights.”
3.8. The exchange and transfer of goods/work/services are legally accepted and regulated by the norms of current legislation on the protection of the rights of residents. Other goods do not allow for return and exchange in accordance with the rules of the Resolution of the Cabinet of Ministers of Ukraine dated 19 February 1994. N 172 “On the implementation of the provisions of the Law of Ukraine “On the Protection of the Rights of Spouses” (https://zakon.rada.gov.ua/laws/show/172-94-%D0%BF#Text)
4. CIRCUMSTANCES OF FORCE MAJEURE
4.1 The Seller and the User are not liable for failure to comply with any of the provisions if they prove that such failure was caused by force majeure, that is, events or circumstances truly beyond their control, which are of an unforeseeable and irreversible nature.
4.2 Force majeure circumstances include, in particular, but not exclusively, natural disasters, strikes, fires, floods, explosions, freezing, wars (both declared and undeclared), declaration of martial law or emergency situations, anti-terrorist operations (both declared and undeclared), epidemics, epizootics, the introduction of complete or limited quarantine, an emergency regime, a state of emergency, the introduction of lockdowns, bans or restrictions on certain types of economic activities, seizures, loss of goods, delays of carriers, caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, disasters, restrictions imposed by government authorities (including allocation, priorities, official requirements, quotas and price controls), if these circumstances directly affected the fulfillment of accepted obligations.
4.3 A person for whom it has become impossible to fulfill obligations due to the occurrence of force majeure circumstances must immediately inform the other party.