Term & Condition
STANDARD FORM AGREEMENT
GFU - TRADE, represented by General Director Andriy Melnyk, acting on the basis of the Articles of Association,guided by the Civil Code of Ukraine, offers an unlimited number of people to receive Services for the Purchase and Delivery of Goods in the territory of Ukraine according to the provisions of this Standard Form Agreement (hereinafter referred to as the Agreement).
- TERMS AND DEFINITIONS
- Authorization shall be the process of analyzing the identification data provided by the Customer by the Service, which determines the availability of the latter's right to use the Service.
- Seller/Contractor — GFU - TRADE
- Order shall be a properly issued request of the Customer for the purchase and delivery of Goods selected on the Site, at the address specified by the Customer.
- Customer/Buyer shall be a person who accepts the terms of use of the Site www.giftsforukraine.com/ and wants to place an order on the specified Site.
- Goods shall mean flowers, toys, fruit sets, sweets and other goods presented for ordering on the Site and receiving services for the purchase and delivery of the latter to the specified address of the Customer.
- Standard Form Agreement shall constitute a deed regulating the relationship between the Seller and the Customer regarding the provision of services for the purchase/sale and delivery of Goods on the terms established by the Seller.
- Service shall be a system that provides information and technology services to Customers, provides an opportunity to independently order, manage the list of services enumerated and available in the system, receive information about the history of ordered Goods and/or payments for them, independently manage if available, your account (Wallet), including using the “Cabinet” service, etc.
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- Site is a set of data, electronic (digital) information, other objects of copyright and/or related rights, etc., related and structured within the address www.giftsforukraine.com/, the access to which is carried out through the specified address of the Internet.
- General Provisions
- The Agreement is concluded in accordance with the provisions of the Civil Code of Ukraine.
- Under this Agreement, the Seller, on the one hand, and any person who accepted the terms of this Public Offer Agreement, the Buyer, on the other hand, hereinafter collectively referred to as the Parties, have concluded this Standard Form Agreement for the Sale of Goods (hereinafter referred to as the “Agreement” or “Standard Form Agreement”), addressed to an unlimited number of persons, which constitutes the official public offer of the Seller to conclude an agreement for the sale and delivery of Goods, photos of which are posted on the Site: www.giftsforukraine.com/ with the Buyers.
- The Customer/Buyer shall carefully read this Agreement. The use of Site and its services shall be allowed only to the Customer who has accepted all the terms of this Standard Form Agreement, including the terms of confidentiality, personal data protection and other requirements and rules provided on the Site. By using any part of the Site and/or its services, the Customer agrees to be bound by the terms of hereto with the Seller.
- Terms of the Agreement apply to all users of the Site — both to users who do not have an account on the Site (unregistered user) and to users who have any account of the available types. An account is a set of information about the user provided by he/she and authorization data (login, password).
- The Customer shall have no right to use the Site and/or its services and cannot accept the Agreement terms if he/she has not reached the statutory age when a person has the right to enter into such contracts.
- Access to personalized services of the Site is possible only for a registered Customer who created an account using authorization data.
- The Agreement shall be binding upon the Seller from the date of its publication on the Site www.giftsforukraine.com/.
- The Agreement shall be binding upon the Customer from the moment of acceptance of the Seller's proposal on the conclusion of the Agreement.
- The Agreement is concluded by joining the Customer to the Agreement proposed by the Seller in general and acceptance of all essential terms thereto without signing a written copy and has legal force in accordance with the provisions of the Civil Code of Ukraine. The Customer shall not offer its terms and conditions of the Agreement.
- SUBJECT OF THE AGREEMENT
- In the manner and under the conditions established herein, the Seller undertakes to deliver and transfer the Goods selected by the Buyer according to the Order to the address specified by the Buyer, and the Buyer (or the person indicated/authorised therefor) undertakes and pay for the Goods in the manner and under the conditions established by this Agreement.
- Payment for orders shall be made online, using Visa, Mastercard, Apple Pay and Google Pay.
- The price of the Goods, the cost and terms of delivery are indicated on the Seller's Site: www.giftsforukraine.com/
- All prices for Goods and services are indicated on the site in UAH excluding VAT.
- The price of the Goods indicated on the Seller's Site does not include the cost of delivery of the Goods to the address specified by the Buyer. The Buyer shall reimburse the cost of Goods delivery according to the current tariffs.
- The Seller provides the Customer with services under the terms provided for hereto.
- At the time of placing the order, the Customer confirms that he/she is familiar and agrees with provisions of the Agreement, valid at the time of the order and undertakes to fulfill them
- The Buyer's obligations to pay for the Goods shall be deemed fulfilled from the moment of money receipt at the account of the Seller.
- REGISTRATION OF THE CUSTOMER
4.1.1. Confirmation of the Customer's consent with the terms hereto, the rules of Service provision by selecting the appropriate item during the Registration;
4.1.2. Filling in the form of registration by entering certain identification data, allowing to establish/confirm the conclusion of this Agreement and/or the use of a certain service by this person in the future, determination of identification data in the form of login and password, which are necessary for access to the services of the Site.
4.2. The Agreement shall be deemed concluded from the moment the Customer has committed all of the above actions, as well as received the corresponding notification of registration and password in the Service. Conclusion of the Agreement shall mean that the Customer is fully acquainted with the terms of service provision, operation of the Service.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Customer shall have the right to use the Site and/or its services in full, indicating the service of the need for appropriate operations. A detailed description of all benefits of the Service is available on the site of the Service. The right to use the Service after registration of the Customer shall be exclusive and undelegated.
5.2. The Customer shall have the right to refuse to use the Site and/or its services at any time.
5.3. Pursuant to the current legislation, at the request of the service, the Customer, for the purpose of ordering the service and/or carrying out its payment undertakes to provide the Service with identification information about the Customer (surname, first name, patronymic, details of the identity document (passport)). In case of failure to fulfill this obligation, the Service shall have the right to suspend the service provision until the Customer fulfills this obligation.
5.4. If the Customer believes that the Site contains information that violates his/her rights, he/she shall inform the Seller about it and provide him/her with information confirming this violation of rights. If the Customer provides false information about the violation of his/her rights, he/she shall be fully responsible for the damage caused (including costs, fees and payment for legal services).
5.5. The Customer shall not:
- create multiple accounts if in fact they belong to the same person;
- perform actions aimed at misleading other Customers;
- provide his/her account, and/or login and password from his/her account for use of the third parties;
- register an account on behalf of or instead of another person;
- use any computer programs for automated collection of information on the Site;
- carry out illegal collection, systematization, storage or dissemination of personal information of other users;
- attempt to gain access to the account, and/or login and password of another Customer in any way, including, but not limited to, by fraud, abuse of trust, login and password tracking;
- post information (including any material) that violates copyright, trademark rights, industrial property rights and/or rights to other intellectual property objects;
- post information and materials that violate the rights and legitimate interests of the third parties;
- post materials of advertising, erotic, pornographic or offensive nature;
- promote or incite religious, racial or ethnic hatred;
- commit actions that violate the rights and freedoms, honor and dignity of any person;
- offend anyone;
- use coarse language, even if is masked by other symbols (for example: asterisks);
- misuse posting of information that does not carry a semantic load;
- provoke, start and/or support text dialogues that can lead to conflict between Customers and/or the Site Administration;
- post computer viruses or programs that can interrupt or disrupt the normal functionality of computer hardware and software, as well as means of telecommunications of any person.
Rights and Obligations of the Seller:
5.6. The Seller shall have the right to unilaterally change the functionality of the Site, information about available services and conditions of their use and other information;
5.7. The Seller shall have the right to delete from the system the Customer, who indicated inaccurate data or violated other terms of hereto;
5.8. The Seller shall have the right to unilaterally change the provisions hereto.
- RESPONSIBILITIES OF THE PARTIES
- Liability of the Customer:
- any actions performed using the account and/or login, and password of the Customer shall be deemed performed by this Customer;
- for violation of the terms hereto, the Seller shall have the right to block the Customer's access to the Site or its services without prior notice and/or delete the Customer's account;
- if the Customer posts information on the Site or takes other actions that do not comply with the terms of the Agreement, the Seller shall have the right to delete all or part of the information posted by the Customer without notice, at its sole discretion, including information in respect of which it is difficult to determine compliance with the agreement and/or legislation that is applied;
- The Customer shall be solely responsible for any use of the information published on the Site.
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- Liability of the Seller. The Seller:
- does not assume obligations to verify, change and control information posted by anyone except the Seller on the Site or its services does not guarantee and shall not be liable for the reliability of such information, its legality, quality and compliance with the specific needs of the Customers of the Site.
- shall not be liable for the use by third parties of the information posted by the Customer on the Site, including its copying, reproduction and distribution carried out both on Site and in other possible ways.
- INTELLECTUAL PROPERTY
- This Agreement shall not transfer to the Customer any property rights to any intellectual property objects of the Seller or third parties, and all property rights in relation to such property remain exclusively for the Seller and/or the relevant third party.
- The Customer is prohibited from any commercial use of any information and intellectual property objects posted on the Site without written permission of the respective copyright holder.
- The Customer who posts any information containing intellectual property, including, but not limited to, text, graphics, audio and video products, computer programs, databases, trademarks for goods and services, etc. on the Site, guarantees that uploading to the Site, copying and use of this information and/or intellectual property objects contained therein will not violate the rights of third parties.
- CONFIDENTIALITY
- The Parties shall take all necessary measures for the security and protection of information and documents, which are exchanged in the Service or which are available to the Parties in connection with the use of the Services on the Site of the Seller.
- The Customer shall take all necessary measures to preserve confidentiality, prevent unauthorized use and protect identification data from unauthorized access by third parties.
- The Seller shall observe confidentiality regarding the Customer's personal data, as well as other information about the Customer, which became known to it as related to the Customer's use of services of the Seller, except for cases provided by the current legislation.
- In cases when using the Site and/or its services, the Customer in any way became aware of the information concerning the Seller and/or third parties, which refers to confidential and/or commercial secrets according to the legislation of Ukraine, the Customer shall not store, use and distribute such information.
- The Customer confirms that he/she has read and fully accepted the above terms of confidentiality between the Customer and the Seller.
- CONDITIONS FOR THE PROTECTION OF PERSONAL DATA
- By accepting the terms hereto, the Customer gives his/her consent to the inclusion and processing (collection, registration, accumulation, storage, adaptation, modification, renewal, use, distribution, depersonalization, destruction, etc.) of personal data to the Seller's database in the understanding of the Law of Ukraine «On Personal Data Protection” No. 2297-VI dated June 01, 2010.
- The Customer confirms that he/she was informed about the inclusion of his/her personal data to the Seller's database, the purpose of collecting and processing his/her personal data and its transfer to third parties, the conditions of his/her consent to the processing of personal data do not require a separate notification regarding the inclusion/change of information about his/her to the database of personal data and/or transfer to any third parties, as well as he/she is familiar with his/her rights as a subject of personal data, in accordance with Art. 8 of the Law of Ukraine “On Protection of Personal Data” No. 2297-VI dated June 01, 2010.
- SETTLEMENT OF DISPUTES
- All disputes and disagreements arising during the execution of the Agreement shall be settled by the Parties through negotiations and via procedure of pre-trial settlement of the dispute.
- If it is impossible to settle the dispute through negotiations and via procedure of pre-trial settlement, the disputes between the Parties shall be resolved in accordance with the current legislation of Ukraine.
- MISCELLANEOUS
- The Seller is a single tax payer at a rate of 5% in accordance with the Tax Code of Ukraine.
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- The Seller shall not be liable for damages or losses incurred by the Customer or third parties as a result of erroneous understanding or misunderstanding of the terms of this Agreement, instructions on the Site use and/or its services, loyalty programs, regarding the order of data posting and other technical issues.
- The Customer provides the Seller or third parties with the right to send him/her e-mails, SMS messages containing information about the Site, available services, services of the Seller or advertising information.
- In case if any part of this Agreement is declared invalid, the remaining parts of the Agreement shall survive. The refusal of any party from any provision or condition hereto, or any violation thereof, does not invalidate this provision or condition.
- The Site and its services are provided by the Seller to Customers in the form in which they were created to achieve the goals latter. The Seller does not guarantee the Site compliance and/or its services with the goals and expectations of the Customers, as well as its uninterrupted and error-free operation.
- The Seller shall have the right to terminate the Agreement in case of violation by the Customer of its terms or on other grounds stipulated by the current legislation.
- All legal relations arising from the Agreement or related to it, in particular concerning validity, conclusion, execution, modification and termination of the Agreement, interpretation of its terms, the definition of consequences of invalidity or breach of it are regulated by the Agreement and the relevant norms of the current legislation of Ukraine.
- LOCATION AND DETAILS OF THE SELLER