PUBLIC CONTRACT (OFFER)

Ordering, buying, selling, and delivering goods

This agreement is an official and public offer of the Seller to enter into a contract of sale of the Goods presented on the EVEROLI website. This agreement is public, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions and the procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for a bad faith order and all other terms of the Agreement. The Agreement shall be deemed concluded from the moment the Buyer clicks the "Confirm Order" button on the checkout page in the "Cart" section and receives an order confirmation from the Seller in electronic form.

1. Definition of terms

1.1. Public Offer (hereinafter referred to as the "Offer") is a public offer of the Seller addressed to an indefinite number of persons to conclude a contract for the sale of goods remotely with the Seller (hereinafter referred to as the "Agreement") on the terms and conditions contained in this Offer.

1.2. Goods or Services - the object of the parties' agreement, which was selected by the Buyer on the website of the Online Store and placed in the basket, or already purchased by the Buyer from the Seller remotely.

1.2. Online store - the Seller's website at lux-art.ua is created for the conclusion of retail and wholesale purchase and sale agreements on the basis of the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.

1.3. The Buyer is a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the online store for purposes not related to the implementation of entrepreneurial activities, or a legal entity or individual entrepreneur. The seller is the individual entrepreneur Ganus V.Y.

2. Subject of the Agreement

2.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.

2.2. The date of the conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the date of filling out the order form by the Buyer located on the website of the online store, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement may be executed in writing.

3. Placement of the Order

3.1. The Buyer shall place an order in the Online Store through the "Shopping Cart" form, or by placing an order by e-mail or by calling the phone number indicated in the contact section of the Online Store.

3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicion about their validity.

3.3 When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:

3.3.1. surname, name of the Buyer;

3.3.2. the address to which the Goods should be delivered (if delivered to the Buyer's address);

3.3.3. contact phone number.

3.3.4 Identification code for a legal entity or individual entrepreneur.

3.4. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer's basket on the website of the Online Store.

3.5. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality services to the Buyer when purchasing goods in the online store.

3.6. When placing an order through the Seller's operator (clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 - 3.4. of this Offer.

3.6. The Buyer's acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data in the registration form on the website of the online store or when placing an Order through the operator. After placing an Order through the Operator, the Buyer's data is entered into the Seller's database.

3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.

3.8. By entering into the Agreement, i.e. accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:

а) The Buyer is fully and completely familiarized with and agrees to the terms of this offer;

b) he/she authorizes the collection, processing and transfer of personal data, the permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into the Agreement, the Buyer confirms that he/she has been notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and that his/her personal data is transferred to the Seller in order to fulfill the terms of this Agreement, to make mutual settlements, and to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications to the Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.

4. Price and Delivery of the Goods

4.1 The prices for the Goods and Services are determined by the Seller independently and are indicated on the website of the Online Store. All prices for the Goods and Services are indicated on the website in UAH including VAT.

4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of the Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.

4.3. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.

4.4. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the Buyer's address.

4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer contacts the Seller with a request by sending an e-mail or when placing an order through the operator of the online store.

4.6. The Buyer's obligations to pay for the Goods shall be deemed fulfilled from the moment the Seller receives funds to its account.

4.7. Payments between the Seller and the Buyer for the Goods shall be made in the manner specified on the website of the Online Store in the section "Payment and Delivery".

4.8. Upon receipt of the goods, the Buyer shall, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness).

4.9. Upon acceptance of the Goods, the Buyer or his/her representative shall confirm with his/her signature in the sales receipt/ or in the order/ or in the consignment note for the delivery of goods that he/she has no claims to the quantity of goods, appearance and completeness of the goods.

4.10. The ownership and risk of accidental loss or damage to the Goods shall be transferred to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer in the place of delivery of the Goods upon self-delivery of the Goods from the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier) chosen by the Buyer.

5. Rights and obligations of the Parties

5.1. The seller is obliged to:

5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.

5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as provided by law and during the execution of the Buyer's Order.

5.2. The seller has the right to:

5.2.1 To change the terms of this Agreement, as well as the prices for the Goods and services, unilaterally by posting them on the website of the Online Store. All changes shall take effect from the moment of their publication.

5.3 The Buyer undertakes:

5.3.1 Prior to the conclusion of the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.

5.3.2 In order to fulfill the Seller's obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient to deliver the ordered Goods to the Buyer.

6. Return of the Goods

6.1. The Buyer has the right to return to the Seller non-food goods of good quality if the goods do not satisfy him in terms of shape, size, style, color, size or for other reasons cannot be used for their intended purpose. The buyer has the right to return the goods of good quality within 14 (fourteen) days, excluding the day of purchase. Good quality goods shall be returned if they have not been used and if their presentation, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for payment for the Goods are preserved. The list of goods, including goods made to an individual order of the Buyer, which are not subject to return on the grounds provided for in this clause, is approved by the Cabinet of Ministers of Ukraine.

6.3. The cost of the goods shall be refunded by bank transfer to the Buyer's account.

6.4. The return of the Goods of good quality to the Seller's address shall be made at the expense of the Buyer and shall not be reimbursed by the Seller to the Buyer.

6.5. In case of detection of defects in the Goods within the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to make claims to the Seller provided for by the Law of Ukraine "On Protection of Consumer Rights". In case of claims for free elimination of defects, the period for their elimination shall be calculated from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.

6.7. The Buyer shall not be entitled to refuse goods of good quality with individually defined properties if the said goods can be used exclusively by the Buyer who purchased them (including, at the Buyer's request, non-standard sizes, characteristics, appearance, equipment, etc.) Confirmation that the product has individually defined properties is the difference in the size of the product and other characteristics specified in the online store.

6.8. The return of goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the "Contacts" section

7. Responsibility

7.1. The Seller shall not be liable for damage caused to the Buyer or third parties as a result of improper installation, use, storage of the Goods purchased from the Seller.

7.2. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in case the Buyer provides false or misleading information.

7.3. The Seller and the Buyer shall be responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer shall be released from liability for full or partial failure to fulfill their obligations if the failure is the result of force majeure circumstances such as war or hostilities, earthquake, flood, fire and other natural disasters that have arisen regardless of the will of the Seller and/or the Buyer after the conclusion of this agreement. The Party that is unable to fulfill its obligations shall immediately notify the other Party thereof.

8. Confidentiality and protection of personal data.

8.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other actions provided for by the Law of Ukraine "On Personal Data Protection", without limiting the validity of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller provides information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.

9. 9. Other conditions

9.1 This Agreement is concluded on the territory of Ukraine and shall be valid in accordance with the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply to the judicial authorities in accordance with the current legislation of Ukraine.

9.3. The Seller shall have the right to amend this Agreement unilaterally as provided for in clause 5.2.1. of the Agreement. In addition, amendments to the Agreement may also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.

PRIVACY POLICY AND COOKIES

Privacy of visitors to our website https://everoli.ua/ is very important to us and we are committed to protecting it. This privacy and cookie policy (collectively, the "Policy") explains what we will do with your personal information.

1. TERMS AND DEFINITIONS

1.1. "Website" (hereinafter referred to as the "Website") is an information resource on the Internet located at https://everoli.ua/ and containing text, graphic and other information that is perceived as a whole and is supported by a set of system software tools.

1.3. "User" means any individual who has ever accessed the Website and has reached the age of acceptance of the User Agreement posted on the Website and this Policy.

1.4. "Account" means a User's account created at the time of authorization on the Website, which allows the Owner to identify (authorize) the User by using the User's account on Facebook or Google social networks.

1.5. "Personal Data" means information or a set of information about the User that is identified or can be specifically identified.

1.6. "Services" (Website services) - any services offered on the Owner's Website and include, but are not limited to, services for creating platforms for communication with business and new formats of materials and special projects, creating and improving the quality of content for the Users' readers, video production, industry special projects, direct advertising, etc.

2. COLLECTION AND USE OF PERSONAL DATA

2.1. The use of the Site does not require registration and/or authorization and direct provision of personal data that can identify you, except as provided for in clause 2.2. Policy.

2.2. At your discretion, for greater convenience of using the Site, you can log in to the Site by using your personal account on Facebook or Google social networks.

2.3. When using the Site, we may automatically collect information related to your use of the Site.

2.4. We may collect, store and use the following types of your personal data:

2.4.1. information about your computer, including IP address, geographic location, browser type and version, and operating system;

2.4.2. information about your visits and use of this Site, including the source of referrals, the duration of the visit, page views and navigation routes on the Site;

2.4.3. information that you provide when authorizing an account on our Website in accordance with the procedure established in clause 2.2. of this Policy, such as your name, photos from the social network from which you authorized, gender, birthday, relationship status, interests and hobbies, details of education and work data, e-mail address, communication information;

2.4.4. information such as name and e-mail address that you enter to subscribe to our e-mails and/or newsletters;

2.4.5. information that you enter when using the services on our Website;

2.4.6. information generated when you use our Website, including when, how often and under what circumstances you use it;

2.4.7. information related to the ordered services on the Website or transactions that you carry out through our Website, including your name, address, telephone number, e-mail address and credit card information;

2.4.8. information that you post on our Website for the purpose of publishing on the Internet, including your username, profile picture and the content of your publications;

2.4.9. information contained in any communications you send to us by e-mail or through our Site, including its content and metadata;

2.4.10. any other personal information you send to us.

2.5. Before you provide us with the personal information of another person, you must obtain the consent of that person to both disclose and process this personal information in accordance with this Policy.

2.6 When you visit the Website, a connection is established, data on the Website is accessed and a log file is created. It may contain:

- date and time of access to the Website;

- IP address from which the Website was accessed;

- data or the name of the file you have accessed on the Website;

- the amount of time spent on the Website;

- the name and version of your web browser and operating system;

- the name of the website from which you came to the Site.

This information is used to improve the performance of the Website, for security reasons, to ensure the stability of the Website, and to protect the Website from possible external attacks. In addition, we may perform statistical analysis of this data. The data stored in the log file does not allow us to identify you personally. The data in the log file is used only for the purpose specified in this Policy and is not transferred to third parties, except as provided for in clause 7.2 of the Policy.

2.7. We collect only those personal data that are knowingly and voluntarily provided by you as a personal data subject for the purpose of using the Website services, which, in accordance with the requirements of the current legislation of Ukraine, is the consent of the personal data subject to the processing of their personal data in accordance with the purpose of their processing set forth in this Policy.

2.8. We guarantee that we will not sell or lease the User's personal data to third parties, except when the disclosure of your personal data is necessary to comply with the requirements of the current legislation of Ukraine.

2.9. We do not collect or process information about your personal data regarding racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, criminal convictions, as well as data related to health, sexual life, biometric or genetic data (in accordance with Article 7 of the Law of Ukraine "On Personal Data Protection").

3. PROCESSING OF PERSONAL DATA

3.1 The processing and storage of the provided personal data is carried out in the data centers where the equipment that ensures the functioning of the Website services is located. The provided personal data is processed and may be stored in the Personal Database or a separate table of the Website Database.

The place of storage and processing of personal data is located at 142a Peremohy Ave.

4. PURPOSE OF USING PERSONAL DATA

4.1 We may use your personal information in order to:

4.1.1. administering our Site and business;

4.1.2. personalization of our Website for you;

4.1.3. providing an opportunity to use the services available on our Website;

4.1.4. send you statements, invoices and payment reminders and collect payments from you;

4.1.5. sending you non-marketing commercial communications;

4.1.6. send you notifications by e-mail, if you are subscribed to e-mail notifications;

4.1.7. send you our electronic newsletter, if you are subscribed to the electronic newsletter. You can also notify us at any time if you no longer need the email newsletter;

4.1.8. send you marketing communications by email relating to our business or the business of carefully selected third parties that we believe may be of interest to you. You may also notify us at info@everoli.com.ua if you no longer require marketing communications;

4.1.9. providing third parties with statistical information about our users (in this case, third parties will not be able to identify any individual user from this information);

4.1.10. consideration of inquiries and complaints made by you or about you regarding our Website;

4.1.11. to keep our Site safe and prevent fraud;

4.1.12. checking compliance with the terms and conditions governing the use of our Website (including monitoring of private messages sent through our Website by a private messaging service);

4.1.13. and other uses

4.2 If you wish to provide personal information for publication on our Site, we will publish and otherwise use this information in accordance with the permission and/or license you provide to us.

4.3. Your privacy settings can be used to restrict the publication of your information on our Site and can be adjusted through the privacy controls on the Site.

4.4. We will not, without your express consent, provide your personal information to any third party for their direct marketing or any other purposes, except as provided by the current legislation of Ukraine.

5. THE PERIOD OF STORAGE OF PERSONAL DATA

5.1. Personal data is stored for no longer than is necessary in accordance with the purpose of its processing.

5.2. After you have ceased to be a User of the Website by deleting your Account on the Website, your personal data is also automatically deleted.

6. INTERACTION OF THE SITE WITH OTHER RESOURCES

6.1. When you use the services, the pages of the Site may contain codes of other Internet resources and third parties, as a result of which such Internet resources and third parties receive your data. These Internet resources may receive and process information that you have visited these pages, as well as other information transmitted by your browser. Such Internet resources may include:

- banner display systems (e.g., DoubleClick for Publishers, Admixer, AdRiver, etc.);

- social media plugins (e.g., Discus, Facebook, Twitter, Google+, etc.).

7.1. We do not transfer personal data to third parties, except when such transfer is required by the current legislation of Ukraine, at the request of the personal data subject or in other cases set forth in this Policy. We understand that personal information is a value and inalienable content, including the personal non-property rights of any individual, so we take all possible measures to protect your personal information.

7.2. Access to your personal data may be granted to our authorized employees who have agreed to ensure the confidentiality of the Users' personal data, as well as to third parties who provide us with services for the support and administration of the Website, other services related to the Owner's business activities. Our authorized employees and/or third parties, on the basis of agreements concluded with us, undertake to comply with all requirements of the current legislation of Ukraine regarding the protection of personal data of Users and their confidentiality.

7.3. The Website may contain links to other websites (for informational purposes only). If you follow a link to other websites, this Policy will not apply to such websites. In this regard, we recommend that you review the privacy and personal data policy of each website before submitting any personal data by which you can be identified.

7.4. The personal information you post on our Website may be accessible via the Internet worldwide. We cannot prevent the use and misuse of such information by third parties in other countries.

8. PROTECTION OF PERSONAL DATA

8.1. We use generally accepted standards of technological and operational protection of information and personal data against loss, misuse, alteration or destruction, but we do not guarantee absolute protection against any threats arising outside our control.

8.2. We ensure the application of all relevant confidentiality obligations, as well as technical and organizational security measures to prevent unauthorized or unlawful disclosure or processing of such information and data, their accidental loss, destruction or damage.

8.3. We have the right to disclose personal data without your consent in the case determined by the current legislation of Ukraine, and only (if necessary) in the interests of national security, economic welfare and human rights.

8.4. If you have granted / lost access to your Account, you are fully and independently responsible for the actions of the new User when using the Website and/or the Website Services (services) from your Account.

9. CONDITIONS OF ACCESS TO PERSONAL DATA

9.1. The procedure for access to personal data by third parties is determined by the terms of the User's consent provided to the Owner to process this data, or in accordance with the requirements of the law.

9.2. You have the right to receive any information about yourself from any subject of relations related to personal data, provided that you indicate your surname, name and patronymic, place of residence (place of stay) and details of the document certifying the individual submitting the request, except in cases established by the current legislation of Ukraine.

9.3. Access to data about yourself is free of charge. Deferred access to personal data is not allowed. Deferral of access to personal data by third parties is allowed if the necessary data cannot be provided within thirty calendar days from the date of receipt of the request. In this case, the total period for resolving the issues raised in the request may not exceed forty-five calendar days.

9.4. The notice of postponement shall be communicated in writing to the third party who submitted the request, explaining the procedure for appealing such decision.

9.5. Denial of access to personal data is allowed in accordance with the procedure established by the current legislation of Ukraine, if access to them is prohibited in accordance with the Law of Ukraine "On Personal Data Protection".

9.6. The decision to postpone or deny access to personal data may be appealed to the Ukrainian Parliament Commissioner for Human Rights or the court.

10. YOUR RIGHTS AS A USER (PERSONAL DATA SUBJECT)

10.1. You, as the User (personal data subject), have the right to:

1) to know about the sources of collection, location of their personal data, the purpose of their processing, the location of the Owner or to give an appropriate order to authorized persons to receive this information, except in cases established by the Law of Ukraine "On Personal Data Protection";

2) to receive information on the conditions for granting access to personal data, including information about third parties to whom his/her personal data is transferred;

3) access to their personal data;

4) to receive a response no later than thirty calendar days from the date of receipt of the request, except in cases provided for by the Law of Ukraine "On Personal Data Protection", whether his/her personal data is processed, as well as to receive the content of such personal data;

5) to submit a reasoned request to the Owner with an objection to the processing of their personal data;

6) to submit a reasoned request to change or destroy their personal data by the Owner if this data is processed illegally or is unreliable;

7) to protect your personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, as well as to protect against the provision of information that is inaccurate or defamatory of your honor, dignity and business reputation;

8) file complaints about the processing of their personal data to the Ukrainian Parliament Commissioner for Human Rights or to the court;

9) apply legal remedies in case of violation of the current legislation of Ukraine on personal data protection;

10) to make reservations regarding the restriction of the right to process their personal data when giving consent;

11) withdraw consent to the processing of personal data;

12) know the mechanism of automatic processing of personal data;

13) to be protected against an automated decision that has legal consequences for him/her.

11. COOKIE FILES

11.1. Our Website uses cookies. A cookie is a file containing an identifier (a string of letters and numbers) that a web server sends to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies can be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by the web browser and will remain valid until its set expiration date, unless you delete it before the expiration date; a session cookie, on the other hand, expires at the end of your session when the web browser closes. Cookies generally do not contain any information that personally identifies you, but the personal information we hold about you may be linked to information stored and retrieved from cookies.

11.2. The names of the cookies we use on our Website and the purposes for which they are used are set out below:

we use Google Analytics on our Website to recognize the computer when the User visits our Website.

Most browsers allow you to refuse to accept cookies, for example:

in Internet Explorer (version 10), you can block cookies using the cookie management settings by clicking Tools, Internet Options, Privacy, and then Advanced;

in Firefox (version 24), you can block all cookies by clicking on "Tools", "Options", "Privacy", select "Use custom settings for history" from the drop-down menu and uncheck "Accept cookies from websites"; and

in Chrome (version 29), you can block all cookies by opening the "Customize & Manage" menu, clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" "Under the heading" Cookies ".

11.3. Blocking all cookies will negatively affect the usability of the Website. If you block cookies, you will not be able to use all the functions of our Site.

11.4. You can delete cookies that are already stored on your computer. Deleting cookies will negatively affect the usability of many websites.

To delete cookies:

in Internet Explorer (version 10) you need to delete cookies manually

in Firefox (version 24), you can delete cookies by clicking on "Tools", "Options" and "Privacy", then select "Use custom settings for history", click "Show cookies", and then click "Delete all cookies"; and

in Chrome (version 29), you can delete all cookies by opening the "Settings & Controls" menu and clicking "Settings", "Show Advanced Settings", and "Clear Browsing Data", then select "Delete cookies and other site and plugin data" before clicking "Clear Browsing Data".

12. POLICY CHANGES

12.1. We reserve the right to publish separate privacy notices, as well as to change and/or supplement the content of the Policy at any time at our sole discretion.

12.2. In the event of significant changes to the Policy, we will post a notice on the Website and indicate the effective date of these changes. If you do not refuse to accept these changes in writing within the specified period, it means that you have agreed to the relevant changes to the Policy.