USER AGREEMENT
As in force on 15.05.2024
This User Agreement (hereinafter referred to as the Agreement) is a public official offer of a sole proprietor Vovkotrub Galyna (hereinafter referred to as www.minimalista-store.com) to enter into this Agreement under the terms and conditions set out below and in case of acceptance of the Agreement in accordance with its terms and conditions any competent natural or legal person (hereinafter referred to as the User You) shall fulfill the terms and conditions of this Agreement.
This Agreement is a deed of accession to the Agreement as well as to the Mandatory Documents - the Sale and Purchase Public Offer Agreement and Privacy Policy (hereinafter referred to as the Mandatory Documents). The use of the Website by the User indicates their full accession to this Agreement and the Mandatory Documents and confirms their consent to the following terms and conditions.
If you do not agree with the terms or the form of the Agreement and/or any of the indicated Mandatory Documents you should immediately stop any use of the Website.
1. SUBJECT OF THE AGREEMENT
1.1. This Agreement governs the terms of use of the Website which is provided to the User on a free of charge basis.
1.2. This Agreement is concluded as a public offer and only by accession to it as a whole without any reservations and/or proposals to amend the Agreement and/or Mandatory Documents specified herein. The User is personally responsible for checking the terms and conditions of this Agreement and Mandatory Documents for any amendments.
1.3. This Agreement applies to all other agreements as well as the terms of use of the Website.
1.4. We reserve the right to amend the Agreement at our discretion at any time and without prior notice. Using the Website after such amendments implies complete acceptance of the Agreement and Mandatory Documents in their revised version.
1.5. Visiting and using the Website means the User's acceptance namely the User's unconditional acceptance of the terms and conditions hereof.
2. USER WARRANTIES
2.1. By accepting the terms and conditions of this Agreement the User thus confirms and warrants that:
2.1.1. The User has all the necessary rights and authority to conclude and execute this Agreement on the use of the Website;
2.1.2. The use of the Website will be carried out by the User solely for the purposes permitted by this Agreement in compliance with its provisions as well as the requirements of the Applicable Law and generally accepted practice;
2.1.3. The User shall not take any actions that conflict or interfere with the operation of the Website.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. The Website its Content as well as the marks for the goods and services (trademarks) logos slogans other materials posted on the Website (hereinafter referred to as the Intellectual Property Objects) are the objects of intellectual property or use of a sole proprietor Vovkotrub Galyna. The User shall comply with our Intellectual Property Rights and shall not lay any claims to them.
3.2. The User shall not use the Intellectual Property Objects posted on the Website for purposes other than those specified in this Agreement or on the Website and shall not transfer them to third parties.
3.3. The User of the Website may use publish (including publishing on the Internet) the Content posted on the Website as well as distribute it in another way with a mandatory link to the Website.
4. LIABILITY
4.1. In case of breach of obligations arising from this Agreement (hereinafter referred to as the Agreement Violation) the Party shall be liable as defined by this Agreement and/or the applicable law.
4.2. The Agreement Violation is failure to fulfill or its improper fulfillment i.e. fulfillment in violation of the terms and conditions specified herein.
4.3. A Party shall not be liable for the Agreement Violation if such violation occurred through no fault of such Party.
4.4. To the fullest extent permitted by the Applicable Law any losses that the User may incur in the event of intentional or imprudent violation of any of the provisions hereof shall not compensated by www.minimalista-store.com Webstore. Under any circumstances our liability is limited to the cost of the Goods and we can be rendered liable solely in the event of any fault of ours.
4.5. The User shall compensate for the losses of www.minimalista-store.com Webstore or third parties incurred due to the User's non-compliance with the provisions of this Agreement and/or the Applicable Law and/or legislation of the User's location.
4.6. The User agrees to be fully and solely responsible for the information posted by them on the Website including the content of such information its compliance with the requirements of the applicable law and/or any law at the location of the User who posted such information; for violations of the rights of third parties to the information posted by the User and for compliance with the provisions of this Agreement.
4.7. The User shall bear personal and exclusive responsibility for all activity/inactivity without exception including violations and other activity carried out by the User third parties on their behalf or the User on behalf of such third parties as well as for all the consequences of such actions (including any losses or damage that we and other third parties may incur).
5. RESTRICTIONS
5.1. By agreeing to the terms and conditions hereof the User understands and acknowledges that:
5.1.1. we are not liable for terminating access to the Website;
5.1.2. we are not liable for delays or failures during the operation of the Website that have arisen as a result of any circumstances of insuperable force as well as a result of any malfunctions in telecommunication computer electronic or other related systems;
5.1.3. we are not liable for the improper operation of the Website if the User does not have the necessary technical means for its use. At the same time we do not bear any obligations to provide the User with such means and also do not pay for access to the Internet to use the Website;
5.1.4. we are under no circumstances liable for any damage (including but not limited to damage from loss of profit data or from business interruptions) resulting from the use inability to use or the results of using the Website;
5.1.5. we are not liable for the operation and content of other websites programs or services the links to which are posted on the Website as well as for any consequences associated with their use;
5.1.6. the provisions of the legislation on the protection of consumer rights shall not apply to the relations of the parties on the provision of the Website on a free of charge basis.
6. LIABILITY WAIVER
6.1. The Website is provided for informational use on an "as is" basis without any warranty that the Website will meet the requirements of the User; that access to the Website will be provided continuously quickly reliably and without errors; that the results that can be obtained while using the Website/service will be accurate and reliable; that all errors in the Website software will be fixed. No written information provided through the Website or in relation to its contents may create any representations or warranties including but not limited to warranties of ownership or absence of any malicious software (such as viruses worms or Trojan horses) or implied warranties of commercial value or suitability for a specific purpose.
6.2. www.minimalista-store.com Webstore expressly disclaims any representations and warranties.
6.3. In no case shall www.minimalista-store.com Webstore be liable (under any contractual or non-contractual terms) for any direct indirect incidental collateral financial or non-financial damage (including without limitation damage for loss of profit or income even if www.minimalista-store.com Webstore has been informed of the possibility of such losses) as a result of:
(a) your use of the Website including but not limited to any loss or damage caused by any delays inaccuracies errors or omissions in any information accessed through the Website
(b) any transaction processed using the Website or on the Website
(c) inability to use the Website for any reason including but not limited to the Internet or communication failures or any other failure in the transmission or delivery of any information accessed through the Website
(d) deletion correction damage loss or inability to store any information relating to or transmitted on the Website
(e) use of any goods or services received on or through the Website
(f) unauthorized access to the Website and unauthorized changes in transmissions or data
(g) any other issues related to the Website.
6.4. Therefore, when using this Website you agree to bear all the risks associated with such use thus indemnifying us from compensation for any damage caused by the use of this Website or associated with it.
6.5. We will make every effort to ensure the accuracy and timeliness of the information posted on this Website but we cannot absolutely warrant that the information is complete accurate and constantly updated and that the Website does not contain any defects or that such defects will be corrected.
6.6. Any link to any of the Goods or services that have been, are or can be provided on the Website does not mean a promise that such Goods or services will be available at any time. Changes to information about such Goods or services may be made at any time without prior notice.
6.7. Information on this Website may contain inaccuracies or typographical errors. We are not liable for any inaccuracies or errors as well as for any loss or damage caused or resulting from the use of information received from or through this Website by any User. You are responsible for evaluating the information and other content available through this Website.
6.8. However, we reserve the right to change or close the Website (or any section of it) at any time, temporarily or permanently, with or without notice. You agree that we shall not be liable to you or any third party for any changes, suspension or termination of the Website.
7. SAFETY
7.1. Online data transmission can never be absolutely secure. It is possible that third parties outside our control will be able to access or intercept any Personal Data without our permission or knowledge. We do our best to protect your Personal Data. However, we cannot warrant or guarantee the security of any information that you provide us with. The data is transmitted at your own risk and we cannot be held liable for any security breach that is not directly related to negligence on our part.
8. ACCEPTANCE OF TERMS OF USE
8.1. By accessing this Website you represent and warrant that (a) you accept the Agreement and Mandatory Documents; (b) your use of the Website will comply with the Agreement and Mandatory Documents.
8.2. You agree to indemnify and protect us from all the losses, expenses, obligations, lawsuits, court decisions, fines, expenditures, claims (including without limitation attorney fees and expenses) in connection with any violation of the Agreement and Mandatory Documents as well as your use of the Website.
9. APPLICABLE LAW AND JURISDICTION
9.1. You agree that by accessing this Website you accept Ukrainian jurisdiction. This Agreement and the Mandatory Documents are governed and interpreted solely in accordance with the current legislation of Ukraine, excluding conflict of law provisions (hereinafter also referred to as the Applicable Law). All issues not regulated or not fully settled by this Agreement shall be regulated in accordance with the substantive law of Ukraine.
9.2. The Parties shall try to resolve any disputes, conflicts and claims arising as a result of or in connection with this Agreement (hereinafter referred to as the Disputes) by negotiations. If the disputes cannot be resolved through negotiations they shall be settled by the court of Ukraine. The language of the proceedings is Ukrainian.
9.3. With regard to the correct interpretation of this Agreement and in case of any discrepancy between the original text in Russian and any translation into another language the text in Russian shall prevail.
10. DETAILS
Sole Proprietor Vovkotrub Galyna
Registered and operating under the laws of Ukraine
Taxpayer registration identification card number: 2520341205
Email: minimalista.conceptstore@gmail.com
Website: www.minimalista-store.com