Terms of agreement
Public offer of the online store “Jewelry Mystetstvo” for the sale of goods
The text of the Public Offer Agreement set out below is addressed to individuals and legal entities and is an official public offer (according to Article 641 of the Civil Code of Ukraine) of the business entity of the individual entrepreneur Tatyana Vasilievna Borisikhina, acting on the basis of an extract from the Unified State Register of Legal Entities and Individuals -entrepreneurs (record number 2 342 000 0000 003 397 dated September 12, 2007) - hereinafter referred to as the “Seller”, under the conditions specified in this Agreement.
Definition of terms:
The website is the official online store of the Seller “Jewelry Mistetstvo” located at the Internet address https://umgold.ua. Within the framework of this agreement, the concepts of Online Store and Store, as well as Internet addresses https://www.umgold.ua and derivatives from umgold.ua are equivalent and are interpreted authentically, in the context of the offer
The seller is an individual entrepreneur Tatyana Vasilievna Borisikhina (RNUKPN 2912622564).
Public offer - a public offer of the Seller, aimed at an indefinite number of persons, concerns the conclusion of a public offer Agreement (hereinafter referred to as the Agreement) on the terms determined by the Seller.
Acceptance - the provision by the User/Buyer of full and unconditional consent to the Seller to enter into an Agreement on the terms set out in this Agreement.
Product/product - jewelry, images (photos) and/or descriptions of which are posted on the website umgold.ua.
Order - a user’s request to purchase the Products he has chosen, duly completed and placed via the website and/or via email.
User/Buyer - a person who reads the information posted on the Site and/or orders and/or receives and/or reserves Goods using the technical tools of the Site.
Recipient - the Buyer or the person who, on behalf of the Buyer, actually receives the Goods that were delivered by the carrier company.
Providing personal data (registration) - filling out by the User the appropriate form on the Site indicating what is necessary for identifying the User/Buyer and/or placing an Order, including via email.
Account - a page of the Site containing the history of the User/Buyer’s orders made through the site and personal information provided by the User/Buyer. The amount of information required for personal identification and placing Orders is determined by the Seller.
Rules of sale - Rules for the sale of goods in the online store “Jewelry Mystetstvo”, published in the section “Rules for the sale of goods” direct link to the item: https://umgold.ua/help/howto/
A promotional discount is a discount that is provided on a specific Product. The discount amount is indicated on the Product page. The price of the Product is indicated taking into account the promotional discount
A discount using a promotional code is a discount that is provided for a certain group of Products when a special code is entered when placing an Order in the Buyer’s “Basket”.
A promotional code is a special code that provides a discount on a specific group of Products and has an expiration date. To receive a discount using a promotional code, the promotional code must be entered into a special field in the Buyer’s “Basket” when placing an Order; some promotional codes can be applied automatically. Only one promotional code can be applied to one item of goods
The term “settlement document” is used in accordance with Article 2 of the Law of Ukraine “On the use of registrars of settlement transactions in the field of trade, public catering and services” dated 07/06/1995 No. 265/95-ВР.
1. General Provisions
1.1. The information posted on the Site contains the terms of the offer to purchase the Product and represents a public offer of the Seller addressed to an indefinite number of persons - Site Users.
1.2. Acceptance is the provision of personal data by filling out the appropriate form posted on the site, which is the expressed intention of the User/Buyer to purchase the Products selected on the Site. Placement of an order by sending an email to info@umgold.ua is also considered acceptance.
1.3. By acceptance, the User/Buyer confirms his absolute agreement with all the provisions and rules of this Public Offer without any exceptions or restrictions, and confirms that he is familiar with the conditions at the time of Acceptance. If the User is under 18 years of age, he is obliged to inform his parents or guardians about the terms of this offer and the Privacy Policy before leaving his personal data to use this site and/or making purchases or placing an Order through the Site or email info@umgold.ua .
1.4. The Seller has the right to unilaterally make changes to the Agreement by publishing changes on the Site. Changes come into force from the moment of publication, unless another period for the changes to come into force is additionally determined upon their publication.
The User/Buyer agrees and acknowledges that making changes to the Agreement automatically entails making these changes to the Agreement concluded and valid between the User/Buyer and the Seller.
2. Information about the Product, price of the Product
2.1. Information about the Product is provided by posting an image (including a photograph) of the product/products and text information about the article, available/available sizes, product characteristics, cost per unit of product, etc.
2.2. The cost of goods presented on the Site is indicated without VAT. The seller is not a VAT payer.
2.3. The information posted on the website https://umgold.ua is for informational purposes only. The User/Buyer agrees that the weight and final cost of the product may differ slightly from the weight and cost indicated on the website.
3. Procedure for placing an Order
3.1. The User/Buyer can independently place an Order for any product that is available for order on the Site.
3.2. Within 1 (one) business day from the date of receipt of the Order, the Seller’s representative sends the Buyer an email confirming receipt of the Order.
3.3. The Seller's representative may additionally contact the User/Buyer by telephone or other means of communication that were specified when placing the Order in the event that:
- the delivery information provided requires clarification;
- the ordered product is missing;
- the product is defective.
Based on the results of clarification of the Order, the Seller’s representative can confirm/cancel the Order.
3.4. If the ordered product is unavailable, the User/Buyer has the right to offer a replacement of the Product with a similar one or cancel the Order.
3.5. An order can be canceled until the order is confirmed or clarified by a representative of the Seller by sending an email to info@umgold.ua.
Attention! Before ordering the Product, minors are required to obtain the consent of their parents or other legal representatives. In the absence of such consent, the minor must stop using the Site.
4. Payment procedure
4.1. The price for the Product is indicated in hryvnia (UAH).
4.2. Payment for goods is carried out exclusively in hryvnia. In case of payment by bank cards of foreign banks, the Seller is not responsible for the procedure for conversion. Conversion conditions, exchange rate and commission withdrawal are set by the issuing bank.
4.3. The order can be paid by:
- cash payment (in case of self-pickup of goods or upon delivery of goods);
- cashless payment using the LiqPay system * (in case of prepayment).
*The seller is not responsible for the procedure for collecting and processing personal data by the LiqPay system.
5. Delivery of goods
5.1. Delivery of goods ordered on the Site is carried out by delivery services exclusively within the territory of Ukraine in accordance with the conditions specified on the site in the “Delivery” section on the page https://umgold.ua/help/delivery/. Delivery is carried out at the expense of the Seller if the order amount is above 2000 UAH. If the order amount is less than 2000 UAH, then it is paid by the buyer according to the current tariffs of the Nova Poshta carrier.
5.2. Along with the Order, the Buyer is provided with the documents required by current legislation.
5.3. Upon receipt of the Goods, the Buyer is obliged to check the Order for the quantity, completeness and quality of the Goods.
5.4. Delivery of Orders is carried out by delivery services, the list of which is indicated in the “Delivery” section. By accepting this public offer, the Buyer fully and unconditionally agrees with the Transportation Rules of the Carrier Companies. The User/Buyer can independently familiarize themselves with the terms of such Rules on the websites of the relevant carrier companies.
5.5. The risk of accidental loss and/or accidental damage to the Goods passes to the Buyer from the moment the Order is transferred to him and the Buyer signs the documents confirming the delivery of the Order.
5.6. If desired, the Buyer can receive the goods by pickup at the address: Kiev, st. Alexandra Dovzhenko, 1-B*
*Work time:
Monday - Friday from 10:00 to 20:00;
Saturday - Sunday from 10:00 to 19:00
6. Warranties and return of goods
6.1. Jewelry of proper quality is not subject to exchange or return in accordance with Article 9 of the Law of Ukraine “On the Protection of Consumer Rights” dated May 12, 1991 No. 1023-XII and Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172 “On the implementation of certain provisions of the Law of Ukraine “On the protection of consumer rights” (Appendix No. 3 “List of goods of good quality that cannot be exchanged or returned”).
6.2. The warranty for jewelry posted on the Site is 3 years from the date of sale. If there is a manufacturing defect, the Seller carries out warranty repair/replacement of the product in accordance with current legislation. For warranty service, the Buyer must provide a payment document with a date stamp. Passenger and identity document.
6.3. Products with traces of mechanical damage or improper use (traces of interaction with alkaline detergents, products containing chlorine and iodine, creams and ointments containing mercury and its compounds, as well as as a result of exposure to other external factors, including self-repair) , are not subject to repair/exchange during the warranty period.
7. Rules for the use of jewelry
7.1. Jewelry should be stored separately to avoid scratches and chips.
7.2. Proper operation should exclude:
- contact with acids, solvents and alkalis (including detergents/washing/cleaning agents);
- interaction with substances that contain chlorine, iodine, mercury, sulfur or their compounds;
- contact with open fire;
- exposure to high/low or rapidly changing temperatures and x-rays.
7.3. The User/Purchaser should not clean with ultrasonics or abrasives at home.
8. Rights and obligations of the Seller
8.1. The seller has the right:
8.1.1. Unilaterally suspend the sale of Goods (including not accepting the Order and application for delivery of goods) in case of violation by the User/Buyer of the terms of the Public Offer;
8.1.2. At your own discretion, unilaterally change the price of the Products. In this case, in any case, the price of the Goods, which was confirmed by the Seller during the Order, remains unchanged;
8.1.3. Post on the Site information about advertising and information events and/or marketing activities that are or will be conducted by the Seller and/or third party partners of the seller.
8.1.4. In accordance with the terms of this Public Offer and the Privacy Policy, send emails to the email address of Users/Buyers with information about the Seller’s commercial offers (including information about special offers, promotions and other marketing activities).
8.1.5. Organize the delivery of Orders, involving third parties in the provision of delivery services.
8.2. The seller undertakes:
8.2.1. Fulfill duly completed and confirmed Orders from the moment the Order is confirmed;
8.2.2. Ensure the transfer/shipment of the Goods to the Carrier Company in accordance with the placed Order;
8.2.3. Check the quantitative and qualitative characteristics of the Goods in preparation for transferring the Goods to the delivery service;
8.2.4. Comply with the terms of the Privacy Policy;
8.2.5. Provide the User/Buyer with the opportunity to refuse to receive advertising materials and/or other commercial offers from the Seller sent by the latter to the email address specified when registering on the site.
9. Rights and obligations of the User/Buyer
9.1. The User/Buyer has the right:
9.1.1. Select Products and place an Order using the Site;
9.1.2. Send requests/requests to the Seller’s email;
9.1.3. Require the Seller to fulfill the conditions and obligations provided for in this Public Offer;
9.1.4. Opt out of receiving advertising materials and other commercial offers sent by the Seller to the email address provided by the User/Buyer.
9.2. The User/Buyer undertakes:
9.2.1. By the time of Acceptance of this Public Offer, familiarize yourself with all its terms and conditions;
9.2.2. Read the information about the Product - its description and characteristics posted on the Site before placing an Order;
9.2.3. Provide correct and complete information required for placing and delivering the Order. The User/Buyer is responsible for providing false/inaccurate information that results in the impossibility of proper execution of the Order by the Seller.
9.2.4. Pay and receive the Order in accordance with the terms of the Public Offer;
9.2.5. Upon receipt of the Order, check the integrity and completeness of the goods. If damage is detected or the Product is incomplete, record such differences in the Certificate, which must be signed by the Buyer/Recipient and the person who delivered the Order.
9.2.6. Read the Transportation Rules of the carrier companies before placing an Order.
10. Responsibility of the parties. Settlement of disputes.
10.1. The Seller does not guarantee the uninterrupted and error-free operation of the Site and is not responsible for:
- delays, interruptions, losses that occur due to a malfunction in any electronic or mechanical equipment that does not belong to the Seller;
- problems with data transfer or connection that arose through no fault of the Seller;
- the quality of public communication channels through which access to the Site is provided;
- blocking access to the Site as a result of actions of third parties.
However, the Seller undertakes to make all reasonable efforts to prevent this from happening and will take all possible measures to eliminate any problems that arise.
10.2. Complaints or claims from Users/Buyers must be formalized us in writing. The Seller will take all necessary measures to satisfy complaints/claims of Users/Buyers, subject to justification and proper execution in accordance with the current legislation of Ukraine.
10.3. All disputes, disagreements and claims arising from or in connection with this Agreement, including those relating to its execution, violation, termination or invalidity, shall be resolved in the appropriate court in accordance with the current legislation of Ukraine.
11. Force majeure.
11.1. The parties are released from liability for untimely or improper fulfillment of their obligations if such failure is a consequence of extraordinary circumstances, the occurrence of which is not related to the will of the parties, such as military actions, strikes, riots, accidents, natural disasters, changes in the legislation of Ukraine, and as well as other circumstances of an emergency nature that arose after the conclusion of this Agreement and directly affect the fulfillment of the terms of this Agreement and which the Parties could neither foresee nor prevent.
11.2. A Party for which it has become impossible to fulfill obligations due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances, and also provide the other Party with confirmation of force majeure circumstances within 30 (thirty) calendar days. Such confirmation will be the corresponding document issued by the authorized Chamber of Commerce and Industry of Ukraine or other duly authorized government body located at the place of occurrence of force majeure circumstances.
12. Disclaimer on the collection and processing of personal data.
12.1. By the fact of Acceptance of the agreement, the User/Buyer gives his consent to the collection and processing of personal data in accordance with the Law of Ukraine dated June 01, 2010 No. 2297-VI “On the Protection of Personal Data” and the Privacy Policy posted on the Site.
12.2. The information provided by the User/Buyer is collected, processed, stored, used, and can also be transferred to third parties solely for the purpose and within the framework of ensuring the Seller fulfills the obligations assigned to him in accordance with the terms of this offer.
12.3. The User/Buyer may withdraw his consent to the processing of personal data by sending a corresponding request to the email address: info@umgold.ua or to the Seller’s address. At the same time, the User/Buyer understands and agrees that withdrawal of consent prevents further use of the Site and placing Orders.
13. Other conditions
13.1. The provisions of the current legislation of Ukraine apply to the relationship between the User/Buyer and the Seller.
13.2. Photos of the Product posted on the Site may differ from the actual appearance of the product.
13.3. The Seller reserves the right to expand and reduce the product offering presented on the Site.
13.4. The Agreement is considered concluded and comes into force from the moment of acceptance and is valid until the Parties fulfill their obligations under this Agreement, or until termination on the grounds determined by the terms of the Agreement and/or the norms of the current legislation of Ukraine.
13.5. The invalidity of an individual provision of this Agreement does not affect the invalidity of this agreement as a whole.
13.6. The parties cannot assign their rights and obligations under the Agreement to third parties.
13.7. In the event of revocation of the Public Offer by the Seller during the term of the Agreement, the Agreement is considered terminated from the moment of revocation, unless otherwise agreed by the Seller when revoking the Offer.
13.8. The Agreement may be terminated by agreement of the Parties at any time or on other grounds provided for by this Agreement or the norms of the current legislation of Ukraine.
14. Seller details
14.1. Individual entrepreneur Borisikhina Tatyana Vasilyevna, acting on the basis of an extract from the Unified State Register of Legal Entities and Individual Entrepreneurs (2,342,000,0000 2912,622,564 dated September 12, 2007), payer of a single tax of 5% (group 3).
14.2. Address of the Seller under the Agreement Kyiv, st. Alexandra Dovzhenko, 1-B.
14.3. Contact phone: +38 (067)-392-40-54, email address: info@umgold.ua
14.4. Bank details: IBAN UA283052990000026002036704917 at AT CB "PRIVATBANK".
