Public offer
PUBLIC OFFER AGREEMENT
1. General provisions
1.1. This offer is an official offer of Yuriy Oleksandrovych Linnyk, acting on the basis of the Statement, hereinafter referred to as the "Contractor", to conclude the Service Agreement remotely, that is, through the Internet store and / or Social networks and / or Telegram - bot and / or Viber-bot and / or video communication, hereinafter referred to as the "Agreement", and places the Public Offer (offer) at the link https://t.me/yamaster_online_bot
або viber://pa?chatURI=yamaster_bot&context=64e79117a39a83b8c8026c48
2. Concepts and definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
* "Service" - advice on the repair of household appliances, which is provided in writing or orally through the Telegram bot, Viber bot and video communication, etc. The scope and type of service with a detailed description is defined on the website http://online-kiyservice.local
* "Public Offer" means the Customer's offer (posted on the Website and/or the Customer's Social Networks and/or by link) addressed to an unlimited number of individuals in accordance with the legislation of Ukraine to enter into this Agreement on certain terms.
* "Contractor's Website" means a web page on the Internet at the following address: http://online-kiyservice.local, which is the official source of informing the Customer about the Contractor and the services provided by them.
* "Online Store" - in accordance with the Law of Ukraine "On Electronic Commerce", a means for presenting or selling goods, works or services by means of an electronic transaction. According to this Agreement, the means for the presentation or sale of the Goods are the Internet site, social networks, Telegram bot and Viber bot.
* "Contractor" means a person who sells goods and services presented on the Website and/or social networks via Telegram bot and/or Viber bot and/or video communication (hereinafter referred to as the resources). The Contractor shall ensure the functioning of the resources that provide information services to the Customer for a fee on the terms and conditions specified in this Agreement
* "Customer" means an individual or legal entity that has entered into the Agreement with the Contractor on the terms set forth below.
* "Order" means the selection of individual items from the list of services specified by the Customer when placing the order.
3. Subject of the Agreement
3.1 The Contractor undertakes to provide the Customer with the Service, and the Customer undertakes to pay for and accept the service under the terms of this Agreement.
This Agreement governs the provision of services through the Online Store, including:
- voluntary selection of services by the Customer in the Online Shop;
-placing an order between the Customer and the Contractor in the Online Store through the Contractor's resources;
- payment by the Customer for the order placed in the Online Store;
- processing and transfer of services by the Customer, according to the order under the terms of this Agreement.
4. The procedure for placing and paying for the order
4.1 The Customer has the right to place an order for any service presented on the Website of the Online Store and resources.
4.2. Each item can be presented in the order in any quantity.
4.3. After selecting the required service, the Customer places an order through the resources, then the Customer receives a link for payment from the Contractor and makes payment. The price for the services is indicated on the Contractor's website and/or the Contractor's social media and/or resources or advertising.
4.4. The Customer may pay for the Service by transferring funds to the link specified by the Contractor in the resources.
4.5. Services are provided to the Customer in a remote format in writing and/or orally, or by providing information about a specialist who can provide the service physically.
4.. The procedure for providing services is as follows:
Stage 1
Placing an order on the Contractor's resources
2 stage
The Customer receives a link for payment from the Contractor;
3 stage
The Customer makes payment for the services;
Stage 4
The Customer receives the service orally or in writing.
4.8. The moment of full and unconditional acceptance by the Customer of the Contractor's offer (acceptance) to conclude an electronic service agreement shall be deemed the fact of payment by the Customer of the order under the terms of this Agreement, within the terms and at the prices specified on the Contractor's website and resources.
4.9. From the moment of acceptance of this Offer, the Customer's unilateral withdrawal from the Agreement is unacceptable.
4.10. Refunds shall be made to a bank card provided that the service is not provided due to technical problems and in accordance with the terms of sale announced on the Website and/or resources of the Contractor
5. Rights and obligations of the parties:
5.1 The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
5.2 The Services are provided to the Customer for personal use and the Customer is personally responsible for their actions and results. The Contractor shall not be liable for household appliances and any damage caused to the Customer or the Customer's property, third parties or property of third parties.
5.3 Rights and obligations of the Contractor:
5.3.1 The Contractor has the right to:
- unilaterally terminate the provision of services under this Agreement in case of violation by the Customer of the terms of this Agreement.
- at any time unilaterally change the terms of this Agreement. Such amendments shall come into force upon expiration of 3 (three) days from the date of posting a new version of the Agreement on the Website and/or link. If the Customer disagrees with the changes made, he/she is obliged to refuse access to the Online Store, stop using the materials and services of the Online Store.
5.3.2. The Contractor shall not be liable
- for the content and accuracy of the information provided by the Customer when placing an order;
- for delays and interruptions in the provision of Services (order processing) that occur for reasons beyond its control;
- for unlawful illegal actions committed by the Customer using this access to the Internet;
- for the transfer by the Customer of its network identifiers - IP, MAC address, login and password to third parties;
5.4. Rights and obligations of the Customer:
- The Customer, using the Internet access provided to him/her, shall be solely responsible for the damage caused by his/her actions (personally, even if another person was under his/her login) to persons or their property, legal entities, the state or moral principles of morality.
- The Customer agrees not to take any actions that may be considered as a violation of Ukrainian legislation or international law, including in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to a violation of the normal operation of the Online Store and the services of the Online Store.
- The Customer is warned that the Administration of the Website is not responsible for visiting and using external resources, links to which may be contained on the Website.
- The Customer agrees that the Administration of the Website is not responsible and has no direct or indirect obligations to the User in connection with any possible or incurred losses or damages related to any content of the Website, copyright registration and information about such registration, goods or services available on or obtained through external sites or resources or other contacts of the User, which he entered into using the information posted on the Website or links to external resources.
- The Customer accepts the provision that all materials and services of the Online Store or any part thereof may be accompanied by advertising. The Customer agrees that the Administration of the Online Store shall not be liable and shall not have any obligations in connection with such advertising.
5.5.1. The Customer is obliged to:
- timely pay for and receive the order under the terms of this Agreement.
5.5.2. The Customer has the right to:
- place an order in the online store;
- execute an electronic contract;
- require the Contractor to fulfill the terms of this Agreement.
5.6 In the event of force majeure, the parties are exempt from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances mean events of an extraordinary, unforeseen nature that exclude or objectively interfere with the performance of this Agreement, the occurrence of which the Parties could not have foreseen and prevented by reasonable means.
5.7 The Parties shall make every effort to resolve any disagreements exclusively through negotiations.
6. Other terms and conditions
6.1 The Online Store reserves the right to unilaterally amend this Agreement subject to prior publication on the website http://online-kiyservice.local The Online Store is designed to organize a remote method of providing services via the Internet.
6.2 The Customer is responsible for the accuracy of the information provided when placing an order. At the same time, when making an acceptance (placing an order and subsequent payment for the service), the Customer provides the Contractor with his unconditional consent to the collection, processing, storage, use of his personal data, within the meaning of the Law of Ukraine "On Personal Data Protection".
6.3 Payment by the Customer for the order placed in the online store means the full consent of the Customer to the terms of the purchase and sale agreement (public offer)
6.4 The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce"
6.5 Using the resource of the online store for previewing services, as well as for placing an order for the Customer is free of charge.
6.6 The information provided by the Customer is confidential. The Online Shop uses the information about the Customer solely for the purposes of order processing, sending notifications to the Customer, making mutual settlements, etc.
6.7 Nothing in the Agreement may be understood as the establishment between the Customer and the Contractor of agency relations, partnership relations, joint venture relations, personal hiring relations, or any other relations not expressly provided for in the Agreement.
6.8 Recognition by a court of any provision of the Agreement as invalid or unenforceable shall not entail invalidation of other provisions of the Agreement.
6.9 Inaction on the part of the Administration of the Online Store in case of violation by any of the Users of the provisions of the Agreement does not deprive the Administration of the Online Store of the right to take appropriate actions later to protect its interests and protect the copyright of the materials of the Online Store protected in accordance with the law.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 All rights to the Online Store belong to the Contractor.
7.2 The intellectual property rights to the Goods and/or the Service, including, but not limited to, images, videos, logos, graphics, sounds, belong to the Contractor.
7.3 The Contractor shall also use intellectual property rights that may belong to other persons on the basis of a relevant license, contract or other legal basis.
7.4 The Contractor shall not transfer to the Customer any intellectual property rights to the Goods and/or the Service and shall not grant permission to use them for purposes other than those specified in the Agreement.
8. Validity of the Offer
8.1 This Public Offer shall enter into force from the moment it is posted on the Contractor's Website or a link is created from October 12, 2023 and shall be valid until withdrawn by the Contractor.
8.2 The Contractor has the right to amend the terms of the Offer at any time and / or withdraw the Offer at any time at its sole discretion. In case the Contractor makes changes to the Offer, such changes shall enter into force within 3 days from the date of posting the amended text on the Contractor's Internet store, unless another term for the entry into force of the changes is specified directly in the text of the amended Offer.
8.3 The Customer confirms that he is familiar with all the clauses of this Offer and unconditionally accepts them.
9. Details of the Contractor
Individual entrepreneur Yuriy Oleksandrovych Linnik
Identification code 489535697679
Address: 17 Parkovo-Syretska St., Kyiv, Ukraine
Tel. +380931020303
1. General provisions
1.1. This offer is an official offer of Yuriy Oleksandrovych Linnyk, acting on the basis of the Statement, hereinafter referred to as the "Contractor", to conclude the Service Agreement remotely, that is, through the Internet store and / or Social networks and / or Telegram - bot and / or Viber-bot and / or video communication, hereinafter referred to as the "Agreement", and places the Public Offer (offer) at the link https://t.me/yamaster_online_bot
або viber://pa?chatURI=yamaster_bot&context=64e79117a39a83b8c8026c48
2. Concepts and definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
* "Service" - advice on the repair of household appliances, which is provided in writing or orally through the Telegram bot, Viber bot and video communication, etc. The scope and type of service with a detailed description is defined on the website http://online-kiyservice.local
* "Public Offer" means the Customer's offer (posted on the Website and/or the Customer's Social Networks and/or by link) addressed to an unlimited number of individuals in accordance with the legislation of Ukraine to enter into this Agreement on certain terms.
* "Contractor's Website" means a web page on the Internet at the following address: http://online-kiyservice.local, which is the official source of informing the Customer about the Contractor and the services provided by them.
* "Online Store" - in accordance with the Law of Ukraine "On Electronic Commerce", a means for presenting or selling goods, works or services by means of an electronic transaction. According to this Agreement, the means for the presentation or sale of the Goods are the Internet site, social networks, Telegram bot and Viber bot.
* "Contractor" means a person who sells goods and services presented on the Website and/or social networks via Telegram bot and/or Viber bot and/or video communication (hereinafter referred to as the resources). The Contractor shall ensure the functioning of the resources that provide information services to the Customer for a fee on the terms and conditions specified in this Agreement
* "Customer" means an individual or legal entity that has entered into the Agreement with the Contractor on the terms set forth below.
* "Order" means the selection of individual items from the list of services specified by the Customer when placing the order.
3. Subject of the Agreement
3.1 The Contractor undertakes to provide the Customer with the Service, and the Customer undertakes to pay for and accept the service under the terms of this Agreement.
This Agreement governs the provision of services through the Online Store, including:
- voluntary selection of services by the Customer in the Online Shop;
-placing an order between the Customer and the Contractor in the Online Store through the Contractor's resources;
- payment by the Customer for the order placed in the Online Store;
- processing and transfer of services by the Customer, according to the order under the terms of this Agreement.
4. The procedure for placing and paying for the order
4.1 The Customer has the right to place an order for any service presented on the Website of the Online Store and resources.
4.2. Each item can be presented in the order in any quantity.
4.3. After selecting the required service, the Customer places an order through the resources, then the Customer receives a link for payment from the Contractor and makes payment. The price for the services is indicated on the Contractor's website and/or the Contractor's social media and/or resources or advertising.
4.4. The Customer may pay for the Service by transferring funds to the link specified by the Contractor in the resources.
4.5. Services are provided to the Customer in a remote format in writing and/or orally, or by providing information about a specialist who can provide the service physically.
4.. The procedure for providing services is as follows:
Stage 1
Placing an order on the Contractor's resources
2 stage
The Customer receives a link for payment from the Contractor;
3 stage
The Customer makes payment for the services;
Stage 4
The Customer receives the service orally or in writing.
4.8. The moment of full and unconditional acceptance by the Customer of the Contractor's offer (acceptance) to conclude an electronic service agreement shall be deemed the fact of payment by the Customer of the order under the terms of this Agreement, within the terms and at the prices specified on the Contractor's website and resources.
4.9. From the moment of acceptance of this Offer, the Customer's unilateral withdrawal from the Agreement is unacceptable.
4.10. Refunds shall be made to a bank card provided that the service is not provided due to technical problems and in accordance with the terms of sale announced on the Website and/or resources of the Contractor
5. Rights and obligations of the parties:
5.1 The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
5.2 The Services are provided to the Customer for personal use and the Customer is personally responsible for their actions and results. The Contractor shall not be liable for household appliances and any damage caused to the Customer or the Customer's property, third parties or property of third parties.
5.3 Rights and obligations of the Contractor:
5.3.1 The Contractor has the right to:
- unilaterally terminate the provision of services under this Agreement in case of violation by the Customer of the terms of this Agreement.
- at any time unilaterally change the terms of this Agreement. Such amendments shall come into force upon expiration of 3 (three) days from the date of posting a new version of the Agreement on the Website and/or link. If the Customer disagrees with the changes made, he/she is obliged to refuse access to the Online Store, stop using the materials and services of the Online Store.
5.3.2. The Contractor shall not be liable
- for the content and accuracy of the information provided by the Customer when placing an order;
- for delays and interruptions in the provision of Services (order processing) that occur for reasons beyond its control;
- for unlawful illegal actions committed by the Customer using this access to the Internet;
- for the transfer by the Customer of its network identifiers - IP, MAC address, login and password to third parties;
5.4. Rights and obligations of the Customer:
- The Customer, using the Internet access provided to him/her, shall be solely responsible for the damage caused by his/her actions (personally, even if another person was under his/her login) to persons or their property, legal entities, the state or moral principles of morality.
- The Customer agrees not to take any actions that may be considered as a violation of Ukrainian legislation or international law, including in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to a violation of the normal operation of the Online Store and the services of the Online Store.
- The Customer is warned that the Administration of the Website is not responsible for visiting and using external resources, links to which may be contained on the Website.
- The Customer agrees that the Administration of the Website is not responsible and has no direct or indirect obligations to the User in connection with any possible or incurred losses or damages related to any content of the Website, copyright registration and information about such registration, goods or services available on or obtained through external sites or resources or other contacts of the User, which he entered into using the information posted on the Website or links to external resources.
- The Customer accepts the provision that all materials and services of the Online Store or any part thereof may be accompanied by advertising. The Customer agrees that the Administration of the Online Store shall not be liable and shall not have any obligations in connection with such advertising.
5.5.1. The Customer is obliged to:
- timely pay for and receive the order under the terms of this Agreement.
5.5.2. The Customer has the right to:
- place an order in the online store;
- execute an electronic contract;
- require the Contractor to fulfill the terms of this Agreement.
5.6 In the event of force majeure, the parties are exempt from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances mean events of an extraordinary, unforeseen nature that exclude or objectively interfere with the performance of this Agreement, the occurrence of which the Parties could not have foreseen and prevented by reasonable means.
5.7 The Parties shall make every effort to resolve any disagreements exclusively through negotiations.
6. Other terms and conditions
6.1 The Online Store reserves the right to unilaterally amend this Agreement subject to prior publication on the website http://online-kiyservice.local The Online Store is designed to organize a remote method of providing services via the Internet.
6.2 The Customer is responsible for the accuracy of the information provided when placing an order. At the same time, when making an acceptance (placing an order and subsequent payment for the service), the Customer provides the Contractor with his unconditional consent to the collection, processing, storage, use of his personal data, within the meaning of the Law of Ukraine "On Personal Data Protection".
6.3 Payment by the Customer for the order placed in the online store means the full consent of the Customer to the terms of the purchase and sale agreement (public offer)
6.4 The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce"
6.5 Using the resource of the online store for previewing services, as well as for placing an order for the Customer is free of charge.
6.6 The information provided by the Customer is confidential. The Online Shop uses the information about the Customer solely for the purposes of order processing, sending notifications to the Customer, making mutual settlements, etc.
6.7 Nothing in the Agreement may be understood as the establishment between the Customer and the Contractor of agency relations, partnership relations, joint venture relations, personal hiring relations, or any other relations not expressly provided for in the Agreement.
6.8 Recognition by a court of any provision of the Agreement as invalid or unenforceable shall not entail invalidation of other provisions of the Agreement.
6.9 Inaction on the part of the Administration of the Online Store in case of violation by any of the Users of the provisions of the Agreement does not deprive the Administration of the Online Store of the right to take appropriate actions later to protect its interests and protect the copyright of the materials of the Online Store protected in accordance with the law.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 All rights to the Online Store belong to the Contractor.
7.2 The intellectual property rights to the Goods and/or the Service, including, but not limited to, images, videos, logos, graphics, sounds, belong to the Contractor.
7.3 The Contractor shall also use intellectual property rights that may belong to other persons on the basis of a relevant license, contract or other legal basis.
7.4 The Contractor shall not transfer to the Customer any intellectual property rights to the Goods and/or the Service and shall not grant permission to use them for purposes other than those specified in the Agreement.
8. Validity of the Offer
8.1 This Public Offer shall enter into force from the moment it is posted on the Contractor's Website or a link is created from October 12, 2023 and shall be valid until withdrawn by the Contractor.
8.2 The Contractor has the right to amend the terms of the Offer at any time and / or withdraw the Offer at any time at its sole discretion. In case the Contractor makes changes to the Offer, such changes shall enter into force within 3 days from the date of posting the amended text on the Contractor's Internet store, unless another term for the entry into force of the changes is specified directly in the text of the amended Offer.
8.3 The Customer confirms that he is familiar with all the clauses of this Offer and unconditionally accepts them.
9. Details of the Contractor
Individual entrepreneur Yuriy Oleksandrovych Linnik
Identification code 489535697679
Address: 17 Parkovo-Syretska St., Kyiv, Ukraine
Tel. +380931020303