Dogovіpubliclyї offersи for touristsno services relating to the provision of services
Offer (public offer)
The text of the Agreement set out below is addressed to natural and/or legal persons and constitutes an official public offer (in accordance with Article 641 of the Civil Code of Ukraine) from the sole trader OLENA IVANIVNA BEZRUKAVA, acting on the basis of an extract from the Unified State Register of Legal Entities and Sole Traders-entrepreneurs (entry number 2026543401488 dated 15 June 2020), hereinafter referred to as the «Contractor», to enter into a service agreement on the terms and conditions set by the Contractor.
This Agreement is deemed to have been concluded in accordance with Article 642 of the Civil Code of Ukraine and shall take effect as a contract of adhesion from the moment you carry out the actions set out in clause 4.4. of this Agreement, which signify your (hereinafter the «Customer») full and unconditional acceptance of all the terms of the Agreement without any exceptions and/or restrictions (acceptance).
- General Provisions
1.1. Each Party warrants to the other Party that it possesses the necessary legal capacity, as well as all the rights and powers necessary and sufficient to enter into and perform the Agreement in accordance with its terms.
1.2. The current version of this Contract is always published on the Contractor’s Website and must be made available to the Client for review before the Client accepts the terms of the Contract.
- Terms used in this Agreement
2.1. «The Client» means a natural or legal person who receives services from the Contractor under this contract.
2.2. «the Contractor’s Website» — the collection of web pages accessible on the Internet under the domain name robopost.com.ua.
2.3. Hereinafter in this Agreement, the Customer and the Contractor shall also be collectively referred to as the «Parties», and individually as a «Party».
- Subject Matter of the Agreement
3.1. The subject matter of this Agreement is the provision of services by the Contractor to the Client, in accordance with the selected list of services published on the Contractor’s Website https://www.flypoint.eu/, subject to the terms and conditions set out in the Agreement.
- Procedure for concluding the Agreement:
4.1. The contract is concluded between the Client and the Contractor in the form of a standard form contract (Article 634 of the Civil Code of Ukraine).
4.2. Acceptance of the terms of the Contract constitutes the Customer’s full and unconditional acceptance of all the terms of the Contract, without any exceptions and/or restrictions, and is equivalent to the conclusion of a bilateral written Contract with the Contractor for the provision of services to the Customer, in accordance with the selected list of services published on the Contractor’s Website.
4.3. The Customer’s performance of the actions specified in clause 4.4 of the Contract shall constitute acceptance of the terms of the Contract.
4.4. The Customer shall accept the Contract after reviewing its terms and conditions, as set out on the Contractor’s Website, by performing any of the following actions, either collectively or individually:
1) the Customer completing the specialised Application form available on the Contractor’s website;
2) payment by the Client for the Contractor’s services in accordance with the rates specified in the Contractor’s invoice;
3) Any one of the actions specified in clause 4.4, when carried out by the Customer, indicates that the Customer is familiar with this Contract and agrees to its terms in full.
4.5. There is no time limit for acceptance.
4.6. The Contract shall be deemed to have been concluded and shall enter into force upon acceptance, and shall remain in force for the entire duration of the provision of services, or until it is terminated on the grounds set out in the terms of the Contract and/or in accordance with the provisions of the applicable legislation of Ukraine.
4.7. The conclusion of the Contract means that the Customer:
1) has familiarised himself with the rules governing the provision of services to the extent necessary for him;
2) accepts all the terms of the said Agreement without reservation.
- Payment procedure
5.1 Services are provided to the Customer exclusively on a prepayment basis, with the Customer paying for the services in accordance with the rates set out on the Contractor’s website.
5.2 Any payment made by the Customer for the services shall not be refunded in the event of unilateral termination of the contract by the Contractor.
5.3 Payment for the Contractor’s services, as well as any other financial obligationsof the Client to the Contractor, which may arise in accordance with the terms of this contract, shall be made by transferring funds to the Contractor’s current account via the Contractor’s website, robopost.com.ua, or directly through a bank.
- The Contractor’s rights and obligations
6.1. The Contractor shall:
1) Prior to the commencement of the provision of services, to make this Contract available to the Client for review by publishing it on the Contractor’s website;
2) To endeavour to provide services to the Client;
6.2. The Contractor shall be entitled to:
1) To suspend the provision of services in the event of the Customer’s failure to meet its financial obligations to the Contractor in a timely manner;
2) To unilaterally amend this Agreement, including the current service tariffs, subject to their prior publication on the Contractor’s website. Changes to the exchange rate shall not apply to Customers who have made an advance payment for the service;
3) To suspend the provision of services, either partially or in full, in the event that it is impossible to perform the services due to technical or other difficulties;
4) To refuse to provide the service at its own discretion.
- The Client’s rights and obligations
7.1. The Customer shall:
1) To comply with the terms of this Agreement.
2) When completing the Application (advertisement), you must provide (enter yourself) accurate personal details and information.
7.2. The Customer is entitled to:
1) To use the services in accordance with the terms of this Agreement;
2) To require the Contractor to comply with the terms of this Contract.
- Liability of the parties
8.1. The Contractor shall not be liable for any losses incurred by the Client as a result of the Contractor’s refusal to provide services in accordance with the terms of this Contract.
8.2. The Customer bears full responsibility for the accuracy of the information provided by them in the Customer’s Application. Should the Customer fail to provide, or provide incorrectly, their personal data, the Contractor shall not be liable for any losses incurred by the Customer as a result of the refusal to refund the advance payment, the provision of services, and/or the performance of other actions due to the inability to correctly identify the Customer.
8.3. In any other cases of non-performance or improper performance of their obligations under the Contract, the Parties shall be liable in accordance with the laws of Ukraine, subject to the terms of the Contract.
8.4. The Parties shall be exempt from liability for the total or partial non-performance of their obligations under this Agreement, if this was the result of force majeure arising after the entry into force of this Agreement as a consequence of extraordinary events which could not have been foreseen and which could not have been prevented by reasonable measures.
8.5. In the event of a breach by the Customer of the terms of this Contract, the Contractor shall not be liable for the obligations set out in the Contract.
- Amendments to and Termination of the Agreement
9.1. The Contractor shall be entitled to unilaterally amend the Contract by publishing the amendments on the Contractor’s Website. The amendments shall come into force upon publication, unless a different date for their entry into force is specified at the time of publication.
9.2. The contract may be terminated in the following circumstances:
9.3. Where the Customer decides to decline the services and notifies the Contractor of this decision by means of a written statement.
9.4. By the Contractor unilaterally.
9.5. On other grounds provided for in this Agreement and/or the applicable legislation of Ukraine.
- Dispute resolution
10.1. All disputes and disagreements that have arisen or may arise in connection with the non-compliance with the requirements of this Agreement shall be resolved through negotiation following a written request from one Party to the other.
10.2. Upon receipt of a complaint from the Client, the Contractor shall be entitled, within 10 (ten) working days, to consider it and send a written, reasoned reply to the Client.
10.3. All disputes shall be resolved through negotiation.
- Other provisions
11.1. The Customer warrants that it understands all the terms of this Agreement and accepts them unconditionally and in full.
11.2. In respect of matters not covered by this Agreement, the Parties undertake to be guided by the provisions of the applicable legislation of Ukraine.
11.3. The parties have agreed that all exclusive property rights to intellectual property shall belong to the Contractor.
11.4. By signing this Agreement, in accordance with the Law of Ukraine «On the Protection of Personal Data» No. 2297-VI of 1 June 2010, the Client grants the Contractor consent to process their personal data as provided in the advertisement, in files and/or via the information and telecommunications system of the personal data database of contracting parties, as well as consent to the publication of the Client’s personal data when their advertisement is published on various portals, for the purpose of ensuring the fulfilment of the obligations arising under this Agreement.
The following scope of personal data, which may be included in the personal data database and published on various portals when the Client’s advertisements are published, is hereby agreed:
Personal details (name, telephone number, email address, etc.).
- Contractor’s details
Olena Ivanivna Bezrukava, sole trader
Registration number of the taxpayer’s account card and other compulsory payments: 3038711762;
Contact number: +380504436510;
Operates on the basis of an extract from the Unified State Register of Legal Entities and Sole Traders (entry number 2026543401488 dated 15 June 2020);
A taxpayer under the simplified taxation system, Group 3, not a VAT payer.