Public contract (Offer)
This Public Agreement is concluded between the Seller ( private entrepreneur Denys Hennadyevich Antipov) and the Buyer (the person who accepted the provisions of this public contract) to receive services or purchase goods offered on the ua.gifts website.
This public Offer is addressed to all individuals and legal entities who wish to use the service and have the technical ability to receive the service.
This offer is governed by the Legislation of Ukraine in the field of electronic commerce and is based on the Constitution of Ukraine, the Civil and Business Codes of Ukraine, the laws of Ukraine "On Protection of Consumer Rights", "On Advertising", "On Electronic Documents and Electronic Document Management", "On Information Protection in information telecommunication systems "," On telecommunications "," On electronic digital signature "," On payment systems and fund transfers in Ukraine "," On financial services and government regulation of financial markets Service "," On Protection of personal data ", international agreements of Ukraine, consent to be bound by the Verkhovna Rada of Ukraine, this Law and other legal acts adopted in accordance with them. Position of the Offer contrary to the current legislation of Ukraine are recognized as invalid.
Services are provided in accordance with applicable law without signing a contract in paper form, on the basis of: a public contract (hereinafter Offer) according to its rules and order form, except for those services that in accordance with applicable law cannot be provided without signing a contract, in which case acceptance (acceptance) Offers are considered an agreement of intent.
The buyer chooses for himself a package of services or a separate service or product in accordance with the Offer or its application in accordance with the offers on the Resource.
1. Definition of concepts
1.1. Public agreement (Offer) - the Seller’s offer addressed to any individual and / or legal entity, in accordance with Article 633 of the Civil Code of Ukraine, to conclude a public agreement on the provision of services / purchase and sale through the ua.gifts service on the conditions set forth in this contract.
1.2. Acceptance - the Buyer's full and unconditional consent to conclude an Agreement on the terms specified in this Agreement.
1.3. Seller - private entrepreneur Denys Hennadyevich Antipov, who is the owner of the service (site, Resource) ua.gifts and provides services, sells goods posted on the resource.
1.4. Website ua.gifts - a set of web pages of the resource ua.gifts (Resource).
1.5. Buyer - an individual and / or legal entity, a user of the ua.gifts service, who has registered and / or submitted an application in the manner established by the Offer, on a service to which the Seller provides services in accordance with the terms of this offer.
1.6. Specialist - an individual who possesses certain skills and knowledge in the field of information technology and directly in the services provided by the Seller.
1.7. The base of specialists is a structured list of individuals who have certain skills and knowledge in the field of sales and directly in the services provided by the Seller.
1.8. Cost of services (fare) - payment, the amount of which is set by the Seller, for the provision of a certain amount of services for the Buyer, for services that are provided by the Seller.
1.9. Personal data - information or a collection of information about an individual that is identified or can be specifically identified.
1.10. Personal data subject - an individual in respect of whom, in accordance with applicable law, his personal data is processed.
1.11. Consent of the personal data subject- any voluntary expression of the will of an individual to grant permission to process their personal data in accordance with the stated purpose of their processing.
1.12. Account - a set of information about the Buyer, which is provided.
1.13. Service plug-in for a web browser - a program that runs in a browser and extends the functionality of the service.
1.15. Application - the Buyer's appeal to the Seller made through the Resource.
1.16. CRM-system (Customer Relationship Management) is an application software designed to automate strategies for interacting with customers, in particular, to increase sales, optimize marketing and improve customer service by storing customer information and history of relationships with them, establishing and improving business processes and further analysis of the results.
1.17. Utm tags are a tool that helps to transfer additional parameters about the traffic source to the analytics system. This allows the advertiser to segment users by a specific type and behavior, as well as analyze the ultimate goal of the sale.
1.20. A personal account is a set of account credentials and services, stylized in a special interface on the Resource.
1.21. FDS (fraud detection system) - a system of measures to prevent the actions of fraudsters through the ua.gifts resource.
1.22. Facsimile signature - an analogue of a handwritten signature (facsimile reproduction of a signature using mechanical or other copying, another analogue of a handwritten signature) by written agreement of the parties, which should contain samples of the corresponding analogues of handwritten signatures.
1.23. Other terms are applied in accordance with the laws of Ukraine, or in generally accepted concepts in accordance with dictionaries.
2. List and description of services
2.1. A full list of goods and services is on the Resource.
3 Procedure of concluding a contract, the rules for the provision of services.
3.1. The contract is considered concluded only after acceptance of this contract.
3.2. In cases where the current legislation of Ukraine provides for the provision of services only under conditions of a written contract, this offer is considered an agreement of intent and may become the basis for preparatory work for the provision of services.
3.3. Acceptance of an offer is one of the following actions:
• creating an account and entering your personal account;
• leaving an application for receiving services on the site using the Resource link and selecting services / goods on the Resource;
• leaving an application on a Resource;
• payment for services to the account of PE Antipov D. H.;
• direction of the application form.
• provision of consent, by marking "I agree" on the electronic form of this Offer on the Resource.
3.4. Sale of goods and / or the provision of services is provided by the technical conformity of the equipment that the Buyer uses to access the resources. In case when Buyer's equipment which is used to access the Resource does not meet the technical parameters (packet transmission delay - not more than 40 ms, uneven delay changes (jitter) - not more than 10 ms, packet loss - not more than 0.5%) Seller is not responsible for non-provision / improper provision of services and / or sale of goods.
4. Rights and obligations of the parties
4.1. Responsibilities of the seller.
4.1.1. Timely and efficiently provide the services specified in clause 2 of this Offer.
4.1.2. Perform their duties consciously and professionally, maintain a high reputation.
4.1.3. Keep and not disclose official and commercial secrets, as well as other confidential information that became known due the performance of duties under this Offer, with the exception of cases provided by the laws of Ukraine, the Resource Confidentiality Terms.
4.1.4. In case of circumstances preventing the proper fulfillment of their obligations, according to this Offer, urgently inform the Buyer.
4.2. Buyer's Responsibilities.
4.2.1. Clearly and in a timely manner determine the Seller's tasks that correspond to the duties assigned to them.
4.2.2. Pay for goods and / or services indicating specific services and / or goods in the payment.l details.
4.2.3. Correctly indicate your data to receive goods / services.
4.2.4. Pay for services, on the terms and in the manner specified in the clause 8 of this Agreement.
4.2.6. Recognize the Seller's right to facsimile sign and seal within the meaning of Article 207 of the Civil Code of Ukraine and Article 12 of the Law on Electronic Commerce of Ukraine.
4.2.7. The acceptance of this offer is the provision of consent to the seller’s right to listen and analyze the Buyer's conversations in order to check the quality of communication.
4.2.8. Delivery cost of The order is paid by the Buyer separately to the courier and / or to the carrier.
4.2.9. Choose the method of delivery according to the options offered on the Resource.
4.3. Seller rights.
4.3.1. To obtain from the Buyer the information necessary to perform the works under this Offer.
4.3.2. To receive payment for the services provided in the amounts and terms stipulated by this Agreement.
4.3.3. Keep and not disclose official and commercial secrets, as well as other confidential information that became known due to performance of duties under this Agreement.
4.3.4. Modify and supplement the terms of the Offer without agreement with the Buyer.
4.3.5. Put a facsimile signature and seal in the meaning of Article 207 of the Civil Code of Ukraine and Article 12 of the Law of Ukraine “On Electronic Commerce”.
4.4. Buyer’s Rights.
4.4.1. Accept services / goods provided by seller.
4.4.2. Refuse to accept the services / goods provided if services do not comply with the terms of the Agreement.
4.4.3. Receive from the seller, if necessary, primary documents in written form in accordance with clause 5 of this Offer.
4.4.4. To receive from the seller, if necessary, an invoice in electronic form by e-mail specified in the application.
4.4.6. Ensure that the product / service is appropriate.
5. Acquiring of supporting documents
5.1. The primary documents are received in accordance with the current legislation in accordance with Article 12 of the Law of Ukraine "On E-Commerce".
5.2. The seller's facsimile signature is only valid if the document with such signature is received from the seller's e-mailboxes.
5.3. By accepting this agreement, the Buyer agrees to the seller's use of the facsimile signature in the primary documents. An example of a facsimile signature and seal is contained in the Seller's details.
5.4. Obtaining an act of completed work / expense invoice.
5.4.1. The act of completion of work / bill of lading contains information in accordance with the legislation in force.
5.4.2. The act of work / bill of lading may be drawn up by the Buyer with the help of special functions in the personal account.
5.4.3. Deed of Works / Invoice is considered accepted by the Buyer if within 5 days after receiving the services a letter with a reasoned explanation of the plague was not sent by the Buyer and / or why he considers the services not received, and explaining exactly the fault of the Seller.
5.4.4. Deed of Works / Invoice, issued only at the request of the Buyer.
6. Confidentiality and Privacy
7. Force - majeure circumstances
7.1 Parties shall be exempt from liability for partial or total failure or improper performance of obligations by agreement if they are the result of force majeure (fires, floods, earthquakes, natural disasters, hostilities, and other circumstances of force majeure), and if these circumstances occur. directly affected the implementation of the arrangement, then the extension continues for the duration of these circumstances.
7.2 If the force majeure circumstances continue for more than three months, either Party will have the right to waive the further fulfillment of obligations under the Agreement, in which case the Agreement shall be terminated if the Parties reach agreement on legal consequences under all the terms of this Agreement.
7.3 A Party which cannot fulfill its obligations under the Agreement shall notify the other Party in written form within five days of the occurrence of a force majeure, termination of its obligations with the project of settlement of the mutual obligations.
7.4 The presence of force majeure circumstances must be confirmed by the necessary documents of the Chamber of Commerce or other competent authority.
7.5 Failure to notify or late notification of the occurrence or termination of force majeure shall deprive the Party of the right to invoke them.
8. Payments for provided services
8.1. The provision of the Services and Goods under the Offer is paid.
8.2. The form of settlements under the Contract is non-cash.
8.3. The payment system used by the Seller in the context of the Offer is made through the payment methods on the Resource, or directly to the account specified in the offer indicating payment and contact details.
8.4. The order of payment for the Services / Product provided shall be prepaid by depositing funds through the Resource on terms and conditions provided by the Seller unless otherwise provided in Clause 4 of the Offer.
8.5. Refunds due low-quality services / goods are made in accordance with the current legislation of Ukraine, in accordance with the law "On Consumer Protection", to the account used to pay for the goods / services.
9. Measures against the use of fraudulent services
9.1. Data completeness control procedures.
9.1.1. The completeness control procedures are designed to ensure that all primary documents are recorded or to identify documents that are not reflected in them. There may be two options for implementing this procedure:
- system of computer data processing;
- paper work processing system.
9.1.2. Data completeness control procedures are designed to ensure that all primary business documents are accepted for computer processing or for identifying documents that have not been processed. Initial registration of primary business documents often involves the manual entry of data into the computer.
In paper-based data processing, control procedures are designed to ensure that all primary documents from all business transactions are recorded in the control document and are registered or that the documents are lost or incorrectly registered.
Regardless of the information processing tools, the following can be performed for error detection, falsification related to the completeness control procedure:
- numbering of all business transactions and their accounting after numbering. Document numbering is an accounting procedure; the verification operation is to ensure that the data on all numbered documents is fully displayed;
- verification of the processing of all data by the method of "checksum". In the Resource Buyers database, such an operation can be performed by grouping source documents and checking the number of documents in each group. In a paper processing system, such an operation occurs by summing up the critical documents belonging to each group before starting and after processing the transaction data. It is considered that the data processing is done correctly if both amounts are the same. If the amounts are not the same, then the errors that caused the differences should be found;
- reconciliation of data from different sources. An example would be the reconciliation according to the number of proxies received and the operations performed to sell the goods;
- determination of the reliability that the information on all business transactions has been entered in the documents;
- Comparison of the input data with the indicators specified in other documents.
9.1.3. Accuracy control procedures
Accuracy control procedures are necessary to detect errors related to the fact that the data from each business transaction may not be entered in full, not in the appropriate account, in a timely manner. The accuracy of data entry is verified to ensure that the data is accurately registered and entered into the Resource Buyers Database, or to identify data that has not been entered into the Resource Buyers Database.
In the case of accuracy checks, it is of utmost importance that control operations are carried out to obtain reliable data that economic transactions are recorded in a timely manner.
Some of the methods used to ensure the completeness of the data can also be applied to the accuracy control procedure.
9.1.4. Procedures for monitoring compliance with the lawfulness of third-party Buyers' business transactions.
The procedure for monitoring compliance with the legality of economic transactions makes it possible to establish the fact (or to establish its absence) that the recorded data on economic transactions do reflect real economic actions. Such control procedures may be several simultaneously applied to one Buyer.
Control procedures aimed at detecting fraudulent transactions should include the allocation of data processing powers.
9.2. Anti-fraud system for receiving complaints.
9.2.1. Upon receipt of the complaint, the Seller shall make its own decision on the application of the FDS (fraud detection system) to the Buyer.
9.2.2. Complaints received from non-Resource Buyers may not be considered at all, except as provided by law.
10. Dispute resolution
In case of receiving services that the Buyer considers to be of poor quality, the Client is obliged to notify the Seller of this within three calendar days by sending an e-mail. Such an application shall comply with the following rules:
- The buyer is obliged to indicate which services were provided poorly;
- what is considered as poorly provided service;
- what item of this Offer, in the opinion of the Service recipient, was violated by the Service Provider;
- what kind of corrections are considered necessary to make;
- provide evidence that this defect did not occur through the fault of the Service recipient or third parties, or provide a reasoned explanation as to why the Service Recipient considers the defect to be the fault of the Seller and not the fault of the Service Recipient or third parties.
Seller considers this application within 30 business days and provides a response on the consideration of the application and makes final decision
11. Seller’s Bank Details
PRIVATE-ENTREPRENEUR Denys Hennadyevich Antipov
p / p UA293052990000026003026807373
Definition of terms and basic concepts
Personal data is information or a collection of information about an individual that is identified or identifiable.
Ua.gifts - administration Ua.gifts - owner of the service (site) Ua.gifts providing services / selling goods through the service Ua.gifts
User - an individual and / or legal entity, a user of the Ua.gifts service
Personal Data - information or a set of information about an individual that is identified or can be specifically identified.
The subject of personal data is an individual in respect of whom, in accordance with the current legislation, the processing of his personal data is carried out.
Consent of the data subject is any voluntary will of the individual to grant permission to process his or her personal data in accordance with the stated purpose of their processing.
All other terms in accordance with the Offer or in the current legislation of Ukraine.
Data protection principles apply to any personally identifiable information. Personal information using an alias that can be attributed to an individual after using additional information should be treated as identifiable information about an individual. In order to establish the ability to identify an individual, it is necessary to take into account all methods that will be used with high probability, such as separation for identification of an individual directly or indirectly. In order to establish a sufficient likelihood of using methods for identifying an individual, all objective factors, such as the cost and time required for identification, must be taken into account in view of the technologies at the time of processing and technological developments. Accordingly, data protection principles cannot be applied to anonymous information, including information that does not relate to an identifiable individual or personal data that has become anonymous in such a way that the data subject cannot or can no longer be identified . Therefore, this document does not relate to the processing of such anonymous information, including for statistical or research purposes.
The Site Administration assumes that the data processing consent holder has the right to give such consent (is capable, adult, etc.)
Individuals can be linked to online IDs through their devices, applications, tools or protocols, such as addresses, cookies, or other identifiers such as radio frequency tags. This may leave hints that, especially in combination with unique identifiers and other information obtained from the servers, can be used to create and identify individuals.
The Buyer consents to the processing of the data by means of a clear statement, which is a freely submitted, specific, informed and unambiguous evidence of the Buyer's consent to the processing of his or her personal data, in particular, in the form of a written application, including by electronic means (when creating a filling account account mark, the choice of technical settings for the services, or other statement or behavior that clearly indicates the data subject's agreement to the proposed processing of personal data). Silence, auto-filling of cells with labels, or inactivity, respectively, do not constitute consent. Consent must extend to all types of data processing that they carry out for the same purpose or purposes. If elaboration involves multiple goals, consent is needed for each of them. If the consent of the data subject is to be given after the electronic request, then the request must be clear, precise and not unduly negative for the use of the service for which it is provided.
In order for the processing to be lawful, personal data is processed on the consent of the data subject or on other legal basis established by law or other legal act.
Often, at the time of data collection, it is not possible to fully determine the purpose of processing personal data, so the Contractor has the right to obtain additional information from the Buyer to enter into legally correct contracts and agreements
The Ua.gifts Site collects and stores only the personal data necessary to fulfill its obligations to the User. In accordance with paragraph 44 of Regulation (EU) 2016/679 "On the protection of individuals with regard to the processing of personal data and on the free movement of such data" GDPR "and the repeal of Directive 95/46 / EC" or intent to enter into a contract. In connection with this, the site administration has the right to obtain from the client all the data that are necessary personal data for the conclusion of the service contract in accordance with the current legislation of Ukraine. This paragraph shall be applied having regard to all the provisions of this document and on the basis of lawful grounds governed by applicable law.
The administration of the Ua.gifts site has the right to transfer personal data at the request of public authorities (police, courts, prosecutors, etc.), if such data is required in accordance with the law. Personal data may also be transferred to third parties, if necessary for the conclusion of other contracts, but with the prior consent of the User.
The user has the right to access the personal data that they collect about him and has the right to change and exercise such right freely and at intervals defined by the legal acts mentioned above in order to be aware of the lawfulness of processing and to check it.
The user has the right to erase his / her personal data by written application, which is carried out without any unreasonable delay, and his / her personal data must be erased without any unjustified delay in the case of grounds in accordance with Article 17 of Regulation (EU) 2016/679 on the protection of physical persons regarding the processing of personal data and the free movement of such data "GDPR" and repeal of Directive 95/46 / EC, Law of Ukraine "On Protection of Personal Data". Such a right cannot contradict the current legislation of Ukraine (civil, commercial, tax, etc.).
Collection and Processing of Personal Data
In order to register, the User of the site Ua.gifts is offered to enter personal data, e-mail address, telephone number, etc. for registration.
By registering on the Ua.gifts site, the visitor gives the explicit consent of the site administration to the processing of their personal and registration data. If the User decides to provide his personal data, he / she agrees to the transfer and storage of this data.
Ua.gifts reserves the right to collect data about site visits or links passing through the site. This information may contain information about the various content and the length of time a user is online.
Ua.gifts reserves the right to retain personal information for a reasonable and lawful time.
With systems such as Google Analytics and / or other analytics systems, Ua.gifts collects statistics on site visits, such as pageviews, page views, downloaded information, visitors' countries of origin, and how to access agency site, etc. None of these actions are personally related to the visitor and are only measured in aggregate.
Ua.gifts takes the appropriate security measures to collect, store and process the collected data to protect it from unauthorized access, alteration, disclosure or destruction of your personal information.
Ua.gifts does not sell, exchange or rent personal information of users, but may provide it with the prior consent of the User for the purpose of fulfilling the concluded agreements and the obligations undertaken by the Site in accordance therewith and for advertising purposes to third parties . Ua.gifts may provide aggregate non-personally identifiable aggregate demographic information to our partners and advertisers for the purposes described above. Ua.gifts may use third-party service providers to assist with the management of a business and site or to manage activities on behalf of an agency, such as for mailing, statistical surveys. Ua.gifts may share this information with such third parties for limited purposes.
Personal data can be used for the following purposes:
- providing the Services to the User;
- identification of the User;
- interaction with the User;
- sending User promotional materials upon his / her consent, information and requests;
- conducting statistical and other surveys;
- processing of User payments;
- monitoring of the User's operations in order to prevent fraud and / or illegal actions
Ua.gifts may collect personally identifiable information that you voluntarily provide to you at:
- ordering services;
- participation in a lottery or competition;
- filling in our questionnaires and questionnaires;
- Buyer's registration on the site;
- communicating with us via regular or email or by telephone alerting that a conversation can be recorded
The Ua.gifts site may, including, collect, process, and store such data as may be necessary and consistent with such action to applicable law:
- your last name, first name, patronymic;
- postal and e-mail address;
- phone number;
- timeline of service provision;
- chat conversations, your complaints about our service;
- your appeals in any other way to us;
- recording conversations with our operators or other employees;
- a list of services that we have offered you during your advertising campaigns;