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PUBLIC OFFER

Preamble

This Public Offer Agreement is an official offer by the Seller to an unlimited number of persons to enter into an agreement with the Seller on the provision of paid services remotely on the terms provided for in this offer, by creating an order in the online store on the website pianoyevgenia.com

DEFINITION OF TERMS

A public offer contract is a public contract, the terms of which, in accordance with Articles 633, 641 of the Civil Code of Ukraine, are the same for all Buyers, the unconditional acceptance of the terms of which by the Buyer (payment of Services in accordance with Part 2 of Article 642 of the Civil Code of Ukraine) is considered acceptance of this Agreement between Seller and Buyer.

The administration is the online store “pianoyevgenia.com” (in the person of FOP SOROKA YEVHENIYA VIKTORIVNA, beneficiary code 147363103224), registered in Ukraine, EDRPOU 3476009866), which is the right owner of the pianoyevgenia.com website

Offer – the Seller’s proposal to enter into this Public Offer Agreement on the terms set forth in this Agreement, addressed to an unlimited number of persons.

Acceptance – acceptance by the person of the offer to conclude the Agreement (by clicking on the link “Make an order”)

The online store is an information resource located on the official website at the address https//:pianoyevgenia.com, on which the Seller posts information about content in the field of music, its characteristics, cost, terms of payment and method of receipt, etc.

An order is a duly completed and posted request from the Buyer (the relevant fields on the website in the “Ordering” section are filled out), addressed to the Seller, with an offer to sell the selected content on the website.

Order confirmation is the Seller’s notification of receipt of the order from the Buyer and acceptance of such order for execution.

The user is a natural person who has reached the age of 18, who has full legal capacity, who uses this site and/or its individual tools, who has agreed to the terms of the Public Offer and has fulfilled all its conditions described below.

The recipient is the person specified by the Payer in the “Ordering” section as the person authorized to receive the content. Unless otherwise specified in the “Ordering” section, the Recipient is the Payer.

The Payer is the person who makes the payment for the Buyer’s order, unless otherwise specified in the “Ordering” section, the Buyer is the Payer.

The Buyer is a registered User who places an order and intends to purchase/purchase content offered for sale by the Seller and presented on the pianoyevgenia.com website

The seller is an individual entrepreneur who posts information on the site with an offer to purchase certain content. The seller can be both the Administration and any person to whom the Administration granted the right to post information about the content on the site.

Offer – information about the content posted by the Seller on the site, which includes information about its characteristics, price, payment and delivery methods, information about discounts and promotional offers, as well as other purchase conditions. The terms of the Offers posted on the site are set by the Seller. The offer is information about possible purchase conditions.

  1. Terms

1.1. This Public Offer Agreement is a public Agreement in accordance with Art. 633, 641 of the Civil Code of Ukraine, the conditions of which are set the same for all Buyers and are addressed to an indefinite circle of persons regardless of status (individual, legal entity, individual entrepreneur) who wish to purchase content, information about which is contained on the Site, including .h regulates the procedure for the User’s access to the information posted on the Site, the procedure for using the Site, as well as the possibility of transferring content and other conditions.

1.2. The site is a platform for placing offers for the sale of Content by the Seller. Information about the content is displayed on the Site and is dynamic. This means that the administration of the Internet store can make changes to this Agreement, materials and information contained in the Internet store at any time, without prior notification to the User. The administration is under no circumstances responsible for the irrelevance of information on the site, any damages arising from the use, impossibility of use, or the results of the use of the Internet store resource. The specified changes come into force after their publication on the Site and apply to any order placed after their publication.

1.3. The fact of placing an order by the Buyer (by clicking on the “Place order” link) in accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, is considered the acceptance of this Agreement by the Buyer, his agreement with the terms of the Agreement and confirmation that he fully assumes the obligations arising from the use of the Site and the conclusion of this Agreement, including the Buyer’s consent to the sending of SMS by the Seller – notifications, e-mails about the status of his order and surveys to improve the quality of service to Buyers, all actions he will take will not contradict the terms of this Agreement.

1.4. The Agreement concluded on the basis of the Buyer’s acceptance of this offer is an Accession Agreement, to which the Buyer joins without any exceptions and/or reservations.

1.5. Any information about the Content contained on the website www.pianoyevgenia.com is for informational purposes only and cannot be taken as fully representing all its properties and characteristics. If the Buyer has any questions regarding the properties and characteristics, he must consult the Internet store operator before placing an order.

1.6. Sufficient evidence of the acceptance of the offer by the Buyer (ie, the Parties agreeing on all the essential terms of the sale of content) is the actual payment of the offer, receipt of the service by the Buyer\Recipient.

1.7. The owner of the intellectual property rights for the distribution of the Content presented on the Site is the Administration.

  1. Registration on the website and order processing

2.1. In order to be able to make a purchase on the site, the User must register on the site. The Administrator reserves the right to reject any application for registration and/or terminate anyone’s registration on the Site.

2.2. When registering on the Site, namely filling out the registration form and creating a Personal account, the User undertakes to provide the information marked as mandatory in full, and the User is also responsible for the reliability, correctness and truthfulness of the information marked as mandatory, as well as and other provided information. In case of detection of any unreliability, incorrectness or untruthfulness of the information provided by the Registered User, the Site Administration absolutely reserves the right to cancel the Account of such a Registered User at any time without any compensation or reimbursement.

2.3. By entering information into the registration form of the Site, as well as placing an Order, the Buyer confirms that he is familiar with the terms of this Agreement, and all actions he will take will not contradict the terms of this Agreement.

2.4. The Order is considered accepted for execution, and the Agreement between the Buyer and the Seller is concluded, after the Buyer has completed the Order on the Site.

2.5. In the event that the Seller is unable to confirm the Order with the Buyer, due to an incorrectly specified e-mail address and/or phone number, the Seller has the right to cancel such unconfirmed Order.

  1. Price and terms of payment of goods

3.1. The price for the service is indicated on the Site in the appropriate section at the time of placing the Order.

3.2. The seller has the right to unilaterally change the price of the service without warning. However, the Seller has no right to change the price after the Order has been accepted by the Seller or the Buyer has settled.

3.3. The price is paid in the national currency of Ukraine – hryvnia.

3.4. The Buyer can pay for the ordered Service with a Visa or MasterCard bank card on the Site at the time of placing the Order.

3.5. The User/Buyer understands and agrees that the operator for receiving and making payments, depending on the circumstances, is one of the acquiring companies connected to the Site and independently selected by the User/Buyer during the payment process.

3.6. The service must be fully paid for by the Buyer before it is received by the Buyer.

3.7 After paying for the services, the User/Buyer accepts the terms of this Agreement and receives the services specified in this Agreement; without paying for the services, the Buyer renounces the Agreement and the services provided by the Seller.

  1. Content transfer procedure

4.1. The seller undertakes:

  • provide access to download Content;
  • provide the possibility of payment to a bank account and bank card;
  • to provide the User/Buyer with full information about the Content, its content, as well as to provide data about the Seller for filing complaints or claims;
  • familiarize yourself with the terms of this Agreement and obtain permission to process personal data (including verbally);
  • provide responses and communication with Users/Buyers, provide feedback on any request within normal business hours, namely Monday to Friday from 09:00 to 18:00.

4.2. The seller has the right to:

  • make changes to the Agreement unilaterally;
  • make changes to information and the list of Content at its own discretion unilaterally;

4.3. The User/Buyer undertakes:

  • comply with all conditions and requirements of this Agreement;
  • get acquainted with information about the Content of the Seller;
  • accept Seller Content;
  • pay for the Seller’s Content;

4.4. The User/Buyer has the right to:

  • require the Seller to fulfill the terms and conditions of this Agreement;
  • order Services from the Seller;
  • get complete information about the Seller’s Services, their price.

  1. Access to the Site

5.1. The Administration makes every possible effort to ensure the proper functioning of the Site, but is not responsible for non-fulfillment or improper fulfillment of the obligations stipulated in this Agreement, as well as for damage caused in connection with this, as a result of, but not limited to:

  • illegal actions of third parties;
  • failures in the operation of the Site caused by errors in the code, computer viruses and other third-party code fragments in the software of the Site;
  • lack of Internet connections between the User’s device and the Site server, as well as between the Site server and the Internet;
  • implementation of operational measures by state bodies and other duly authorized organizations affecting the operation of the Site;
  • performing Site software updates;
  • according to the applicable and effective decision of the authorized state authorities.

5.2. In order to prevent unauthorized automatic scanning of the Site, as well as the use of the Site for the purpose of fraudulent actions, and in the event of reasonable suspicion of abuse on the part of the User, the Administration reserves the right to:

  • block access to the Site;
  • cancel all purchases made through the use of unauthorized access;
  • collect compensation for damages caused by the use of unauthorized access to the Site.

5.3. An account on the Site provides for the possibility of its use by only one User of the Site. The transfer of Account data to third parties is not allowed. In case of detection of facts of transfer of Account data to third parties or facts of collective use of the Account, the Administration has the right to block this Account and cancel purchases made using such Account.

  1. 6. Responsibilities of the parties

6.1. The Buyer/User of the Site agrees and guarantees not to take any actions that may be considered as a violation of Ukrainian legislation or norms of international law, including 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 normal functioning of the Site and its services.

6.2. The Buyer/User is obliged to inform the Site Administration in a timely manner about unauthorized access to the Personal Account of the User/Buyer by third parties. For information, the Buyer/User should contact the Support Service at the coordinates indicated on the Site.

6.3. By accepting the terms of the Agreement, the User/Buyer confirms that he has read and agrees with the terms of this Agreement.

6.4. Comments and other entries of the User on the Site must not contradict the requirements of the legislation of Ukraine and generally accepted standards of morality and morality.

6.5. The responsibility for money transfers made by the Payer lies entirely with the banking institutions and payment systems whose services the Payer decides to use. The seller does not assume responsibility for their actions.

6.6. The administration is not responsible for the work of Internet providers, processing centers, payment systems, communication operators, banking institutions, Visa/MasterCard payment services, as a result of which the necessary information, data did not arrive or arrived late, were lost or damaged.

6.7. The Seller is not responsible for damage caused to the User/Buyer as a result of improper use of the Services purchased by him.

6.8. The site administrator 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.

  1. 7. Dispute resolution

7.1. This Agreement is drawn up in accordance with the legislation of Ukraine. The User/Buyer, who is located outside this jurisdiction, fully agrees to submit legal relations arising during any use of the Site to the legislation of Ukraine.

7.2. The User/Buyer and the Seller agree to resolve disputes through negotiation and consensus.

7.3 . In case of impossibility to reach a consensus within 30 calendar days, the Buyer has the right to file a complaint with any state body whose competence includes consideration of such complaints.

7.4. The Buyer shall send any claims and disputes regarding the provision of access to download Content to the Administration, and in case of impossibility of resolving the dispute in accordance with clauses – .2, 7.3, the User/Buyer has the right to apply exclusively to the court at the location of the Seller.

  1. 8. Use of User’s personal data

8.1. The Buyer and/or authorized persons of the Buyer give consent to the Seller for the processing of their personal data specified by them in the registration form (name, mobile phone number, e-mail, postal address, etc.). The User’s personal data is confidential information, the collection and further processing of personal data is carried out by the Administration in accordance with the Law of Ukraine “On the Protection of Personal Data” and other regulatory legal acts of Ukraine. The source of personal data collection is information directly and voluntarily provided by the User.

8.2. By agreeing to this Agreement, the User voluntarily provides the Administration with the personal data specified in the registration form for registration in the information system as a User, as well as for the purpose of maintaining long-term cooperation with the Site Administration. The user also consents to the use of his personal data for processing Orders for the purchase of content, receiving advertising and special offers, information about promotions, raffles, and other information about the Administration’s activities.

8.3. The User grants the Administration the right to process his personal data, including: to record personal data in the Administration’s databases (without additional notification to the User about this), to carry out lifelong data storage, their accumulation, updating, change (if necessary).

8.4. The buyer confirms that he is familiar with the rights of the subject of personal data provided for in Art. 8 of the Law of Ukraine “On Protection of Personal Data”. Address of storage of personal data: 61037, Kharkiv, ul. Gomonenko, 10.

8.5. In the event of a change in personal data, the User must provide the Administration with updated information by contacting the Administration Support Service by phone or by making changes to the appropriate section of the User’s Account on the Site. If the User does not comply with this requirement, the Administration is not responsible for adverse consequences associated with the use of outdated data.

8.6. The User/Buyer may set a ban (restriction) on the use of his personal data immediately after registration or at any other time. For this purpose, the User must apply in writing to the e-mail address specified in the “Contacts” section of the Site. The user is also granted other rights provided for in Article 8 of the Law of Ukraine “On the Protection of Personal Data”.

8.7. The Administration does not accept the User’s registration data if they are filled in correctly.

8.8. The Administration undertakes to promptly inform the User about its opportunities and rewards, but is not responsible for messages that were not delivered to the User as a result of circumstances beyond the Administration’s control.

8.9. For the purposes provided for in 8.2. this Agreement, the User grants the Administration the right to send him any information of a commercial and/or informational nature, as well as information about other consumer offers by mail, e-mail, telephone, SMS, viber/telegram messages, to make calls to the mobile telephone number specified in the registration form/Account.

8.10. The User’s data specified in the registration data are confidential. Only authorized persons of the Administration and the User himself have access to the data, and this data may be provided at the request of law enforcement and/or other authorities in accordance with current legislation.

8.11. The User is responsible for the inaccuracy of the data in the Account.

  1. Miscellaneous

9.1. All rules and conditions for the implementation/execution of individual actions/operations, posted in the relevant sections of the Site, are integral parts (as Annexes) of this Agreement, which determine the obligations of both Parties. In the event that the conditions fixed in the text of this Agreement and the conditions specified in its Appendices (site sections) differ, the Parties shall be guided by the conditions specified in the Appendices. The sale of Content by the Seller to the Buyer is regulated by this Agreement, as well as by the Law of Ukraine “On Electronic Commerce”.

9.2. The Administration has the right to make changes to the text of this Agreement and/or Appendices without prior notice. Changes to the Public Offer come into force after their publication and apply to any Order made after their publication.

9.3. The user undertakes to read this Agreement carefully. In case of disagreement with its terms, the User undertakes to immediately stop using the Site.

9.4. The Seller and the Buyer communicate using e-mail, telephone communication (SMS, etc.), applications, advertisements and/or messages. The buyer agrees that all messages, data or other information provided in electronic form have legal force and are equivalent to documents drawn up in writing.

9.5. If the Buyer wishes to opt-out from receiving communications related to this Agreement/Site, he must request to unsubscribe by sending an e-mail to the e-mail address specified on the Site. The request will be fulfilled within 3 days from the moment of its receipt.

9.6. The Administration reserves the right to block the Buyer (depriving him of the opportunity to order and buy goods), to make appropriate statements to law enforcement authorities and to transfer such Buyer’s data to them in the event that any actions of the Buyer, in the opinion of the Seller, bear signs of fraud and may cause damage to the interests of other Users/Buyers or third parties.

9.7. The invalidity of any provision of the Agreement by the court does not entail the invalidity of other provisions of the Agreement.

Dear Site User www.pianoyevgenia.com, we draw your attention to the fact that using the site in any way (including, but not limited to, placing orders for goods using the www.pianoyevgenia.com site, participating in discount programs, promotions, filling out forms, etc. ) means that you have read and agree to the terms of use.