concerning https://mareoni.com/ Website usage

1. GENERAL TERMS

This agreement (thereinafter User Agreement) governs the relationship between sole proprietor Demchenko I.N. and any individuals and/or juridical entities (that are Internet users), that arise from the use of the https://mareoni.com/ Website on the terms specified in this User Agreement.

This User Agreement, according to the Articles 633, 634, and 699 of the Civil Code of Ukraine is a public accession agreement of goods sold with a help of https://mareoni.com/ Website, which defines the relationship between sole proprietor Demchenko I.N. (hereinafter the Seller) and people that use the website (hereinafter the User/Payer/Buyer) who accepted the public offer.

2. TERMS AND DEFINITIONS

2.1. The Website or Online Store is an Internet resource located at https://mareoni.com/ Internet address with all its functionalities, pages, graphics, etc., that are held for the sale of goods and services (items).

2.2. User is a capable individual or juridical entity that uses the Website and has accepted the terms of this User Agreement. On behalf of a juridical entity, the use of the Website is carried out by its competent authority/plenipotentiary representative; it is considered that on behalf of a legal entity the use of the Website is carried out by its competent authority/plenipotentiary representative. The Seller is not obliged to verify the seals of the juridical entity representative or perform the establishment of his identity.

2.3. Public offer is the Seller’s public proposition, addressed to the general public (individuals and/or juridical entities) to conclude an agreement on equal conditions defined by this User Agreement about goods sold via the Website.

2.4. Acceptance is full, unconditional User’s acceptance of Public Offer by performing any Website using actions, in particular, the User’s implementation of any actions for Website using, including, but beyond: searching and information reviewing, signing-up, messages sending through the communication service (including a chat, if it is available) and other actions connected with Website functionalities usage. Any use of the Website means that the User is familiar with the terms of the Public Offer, he agrees with it, understands, and accepts its terms without any reservations or exceptions. In case of disagreement with any terms of the Public Offer, the User has no right to use the Website and is obliged to stop doing it.

2.5. Payer/Buyer is an individual, juridical entity, or sole proprietor who pays for goods and/or services by using the Website.

2.6. Personal data is data or totality of data about an individual or individual that can be specifically identified (name and surname, contact information, payment information, address, etc.).

2.7. The owner of personal data is an individual whose personal data is being processed and who has approved its processing.

2.8. Personal data proceeding is any action or set of actions, like collection, registration, accumulation, storage, adaptation, modification, renewal, use, and distribution (supply or transferring), anonymization, destruction of personal data, including usage of information (automation) systems.

2.9. Acceptance of personal data owner’s is a willful expression of an individual’s will for processing of personal data via registration on the Website, and note checking in the relevant Website field about the agreement with the Website usage, etc.

2.10. Privacy Policy is a separate regulatory document posted on the Website.

2.11. Goods are clothes, shoes, accessories, and other items offered for sale on the Seller's Website.

2.12. Order is a diligently executed request of the User/Buyer for the purchase and delivery of selected goods on the Website to the User’s/Buyer’s notified address.

3. A SUBJECT OF USER AGREEMENT

3.1. The subject of this User Agreement is enabling the User with the opportunity to purchase goods and/or services presented on the Website for personal, domestic, homelike, or other needs that aren’t related to conducting a business.

3.2. This User Agreement applies to all types of goods and services presented on the Website, as long as such offers with a description are presented in the Website’s catalog.

3.3. According to Articles 633, 634 of the Civil Code of Ukraine, the terms of this User Agreement are the same for all Website Users and cannot be changed by the other party of the agreement.

3.4. Acceptance of the Public Offer is a variety of User’s actions, in particular, but beyond: gaining access, reviewing, signing up / authorization, goods order creation, paying for goods, leaving feedback, sending requests to the support service, and any other Website usage.

3.5. The User who gained access or is viewing the Website must first get familiar with the terms of this User Agreement and the Privacy Policy, and check notes on the relevant Website fields (if it is provided by the Website’s functionality). If the User doesn’t agree with the terms of the User Agreement, he is obliged to stop using the Website and leave it. If the User hasn’t checked notes about familiarization and acceptance with User Agreement, Privacy Policy, etc. in the relevant Website fields, and he actively uses the Website, it means that the User has accepted the terms of these records and he unconditionally agreed with them.

3.6. According to Article 642 of the Civil Code of Ukraine, the fact of order-making and its confirmation by the Seller is considered to be a complete and unconditional acceptance of the Public Offer terms, which confirms the making of the buy/sell contract on the below stipulated terms.

3.7. The Buyer confirms the agreement and unconditional acceptance of the offer’s specifically selected terms by placing an Order.

3.8. By awarding an Agreement (it means accepting the terms of this User Agreement by placing an Order), the Buyer confirms the following:

a) The Buyer is fully acquainted and agreed with the terms of this User Agreement / Public Offer

b) he gives irrevocable permission for the collection, processing, and sharing of personal data under conditions defined below; the permission for personal data processing is valid for the entire duration of the User Agreement, and an unlimited period after its offset of action. In addition, by joining this User Agreement, the Buyer confirms that he is notified (without additional short notice) of the rights, established by the Protection of Personal Data Law of Ukraine, of data harvesting aims, and that personal data is transferred to the Seller to fulfill the terms of this User Agreement, the possibility of making reciprocal payments, and for receiving invoices, acts and other documents and for other justified purposes. The Buyer also agrees that the Seller has the right to provide access and transfer personal data to third parties without sending any additional messages to the Buyer, and without changing the purpose of personal data processing. The scope of the Buyer’s rights, as the owner of personal data following the Protection of Personal Data Law of Ukraine, is known and understandable to him.

4. THE PRICE OF THE GOODS

4.1. The price is indicated on the Website for all Goods and must be paid in the amount required for the goods at the time when the order is formed on the Website.

4.2. The Seller has a right to unilaterally change the price of goods.

4.3. In case of a price change of the ordered goods, the Seller shall be obligated to inform the Buyer about it.

4.4. The Buyer has the right to confirm or cancel the order if the price is changed by the Seller after placing the Order.

4.5. The price change for the Buyer’s paid goods is not possible by the Seller.

4.6. The Seller states the cost of goods delivery on the Website or names it to the Buyer during order placement.

4.7. Buyer's obligations of the Goods payment are accomplished when the Seller gets monetary means.

4.8. Payment options for the goods are indicated on the Website in the relevant section.

5. ORDER PLACING

5.1. The order of the goods is carried out by the Buyer through the relevant Website service.

5.2. During the signing-up on the Website or placing an Order, the Buyer shall be obligated to provide the following information:

- Buyer’s surname, first name, and patronymic name or the person stated by him (recipient);

- the delivery address (if the delivery is on the Buyer's address) or other data for the goods' proper delivery (shipper data, etc.);

- e-mail address;

- phone number.

5.3. The name, quantity, SKU, and price of the goods selected by the Buyer are indicated in the Buyer's cart on the Website.

5.4. If the Seller needs additional information to fulfill his obligations of goods selling, he has the right to request it from the Buyer. If the Buyer doesn't provide the necessary information, the Seller shall not be liable for providing a high-quality service to the Buyer during goods purchasing on the Website.

5.6. The Buyer is responsible for the accuracy of provided information during order placement and Website usage.

5.7. The remote buy/sell contract between the Seller and the Buyer is considered fulfilled from the moment of order placing on the Website or when the Seller draws a cashier's cheque, a sales slip, or another document that proves goods payment.

6. ELIVERY AND HANDOVER OF THE GOODS TO THE BUYER

6.1. Goods delivery and transfer to the Buyer can be carried out by Buyer's

self-delivery at the pickup points, by delivery of goods by the Seller or third parties.

6.2. If the order of the goods is carried out with the goods delivery to the Buyer condition, the delivery is made to the place indicated by the Buyer in the Order, and if the goods delivery place isn’t indicated by the Buyer — it is made at the place of residence of the individual or the place of residence of the juridical entity.

6.3. Delivery of the goods to the Buyer is completed from the moment the goods are handed over to the Buyer, and in case of his absence — to the person who has presented the payment slip or other document certifying the ordering and payment for the goods or goods delivery processing. During the direct transfer of the goods to the Buyer, he is obligated, at the request of the Seller or a third party that delivers the goods, to produce papers that confirm the Buyer’s identity (or other similar and like documents under the legislation of Ukraine).

6.4. Detailed information about the delivery method, the term, and goods transmission procedure to the Buyer can be found on the Website.

6.5. Buyer agrees with the Website representative on the goods delivery terms at the time of placing an order.

7. RETURN AND EXCHANGE OF GOODS

7.1. The User/Payer/Buyer has the right to refuse the ordered goods at any time before its transfer, and after transferring — according to the terms determined by the Ukrainian Act On Protection of Consumers' Rights.

7.2. Following Article 9 of the Ukrainian Act On Protection of Consumers' Rights, the Buyer has the right to exchange goods of required quality within fourteen days, apart from the day of purchase, unless a longer period is declared by the Seller. The Buyer has the right to exchange the Goods taking into account legislative provisions about the foundation and the list of Goods that are beyond exchange (return).

7.3. Return/exchange of goods of the required quality is possible if its salable condition is preserved in particular, the corresponding manufacturer's markings (tags, etc.), and consumptive qualities are preserved, as well as a document that confirms the fact of purchasing and ordering of the specified goods.

7.4. If the Buyer intends to return the goods, the return is carried out by the Return/Exchange page on the website, taking into account the terms and conditions of the carrier or courier that operates in Ukraine or another country by the place of goods receipt.

7.5. The User/Payer/Buyer doesn't have the right to refuse required quality goods, that have in specie properties if the specified goods can be used exclusively by the Buyer who purchased them (including unusual goods that are made at the request of the Buyer, etc.). Confirmation that the goods have in specie properties are the size difference and other characteristics that are indicated on the Website.

7.6. In case of return of inappropriate quality goods, the Buyer is obliged to record the identified defects in an improvised attested statement. It must be signed by the Buyer and the person who delivered the goods or the Seller. If it is possible, defects should be photographed or caught in the video. The Buyer is obliged to inform the manager (Seller's representative who is responsible for placing an order for the goods) about the identified defects and agree on the exchange of the goods and fill out the required form on the Website within one day.

7.7. The Parties agreed that in case of non-compliance with the mandatory requirements of this procedure, they recognize that the Buyer gets the Goods in proper condition — without any mechanical damage and in full completeness of set.

7.8. Detailed return/exchange terms can be found on the Website.

8. RIGHTS AND RESPONSIBILITIES OF THE SELLER ACCORDING TO THE WEBSITE

8.1. The Seller is obligated to ensure that the User can receive access to Website usage and its functionalities by procedures specified in this User Agreement.

8.2. The Seller has the right, at his sole discretion, to change or delete any information that is placed on the Website, suspend, restrict or terminate the User's access to the Website, its functionalities at any time and without explanation.

8.3. In case the User breaches conditions of this User Agreement (together with its integral parts), the Seller has the right to unilaterally suspend, restrict or terminate the User's access to the Website at any time. At the same time, the Seller isn’t responsible for any damage that may be caused to the User by such actions.

8.4. The Seller has the right to moderate all information placed on the Website for its acceptability with the requirements of this User Agreement and other documents that are its integral part, and the current legislation of Ukraine, and in case of violations, the Seller unilaterally can delete this information from the Website at any time without explanation.

8.5. The Seller has the right to refuse the User from the provision of the services and terminate the contract unilaterally in case the User violates the User Agreement terms and the documents that are its integral part.

8.6. The Seller has the right to transfer the Website with all its functionalities and content, including Users' personal information, to its subsequent proprietor or a third party. By accepting this User Agreement, Users give unconditional and free of costs agreement that Seller can transfer rights and duties to third parties under this User Agreement.

9. USER’S RIGHTS AND RESPONSIBILITIES ACCORDING TO THE WEBSITE

9.1. The User is obliged to use the Website only for legitimate purposes, to comply with the requirements of the current prevailing legislation of Ukraine, as well as the rights and legitimate interests of the Seller.

9.2. The User doesn't have the right to take actions that affect the regular operation of the Website and are its dishonest use. The User is obligated not to use any devices, programs, procedures, algorithms, methods, automatic devices, or equivalent manual processes to access, acquire, copy or track the content of the Website. The User is obligated not to carry out actions aimed at gaining access to someone else's account by selecting a login and password, hacking or other actions.

9.3. The User is obligated not to use independently or with the third parties' involvement the possibilities of the Website for things that can be qualified as a violation of the third parties rights of intellectual property, unfair business practices, or other violations of the current legislation of Ukraine. The User is obligated not to use the personal data and names of other Users (and those similar to them) to give himself out to be another person and/or another Website User and act on their behalf and create several Personal Accounts.

10. RESPONSIBILITY AND DISPUTE RESOLUTION. LIABILITY LIMITATIONS.

10.1. The Seller shall not be liable for any damage caused to the Buyer as a result of improper use of the goods purchased from the Seller.

10.2. The Seller is not responsible for improper and late order performance or its obligations if the Buyer provides false information.

10.3. The Seller and the Buyer are responsible for non-performance or improper performance, which means performance in violation of the conditions determined by the scope of obligations, or their obligations following the current legislation of Ukraine and the dispositions of this User Agreement.

10.4. The Seller/Buyer/Payer/User shall not be liable for the violation of their obligations under this Public Offer if it occurred through no fault of theirs. A party is considered innocent if it proves that it has taken all measures for the proper completion of obligations.

10.5. All disputes and disagreements arising on grounds of this User Agreement are settled by negotiates.

10.6. If it is impossible to resolve the dispute through negotiations, the dispute is resolved in court following the current legislation of Ukraine.

10.7. The Seller isn’t responsible for any flaws, acts of omission, interruptions, defects, and delays in the data processing or transmission, lineouts, destruction of any equipment, unlawful access of third parties to the Website that caused the User’s Website access limit. The Seller isn’t responsible for any technical deficiencies or other problems of any phone networks or services, computer systems, servers or providers, computer or phone equipment, software, e-mail services failures due to technical reasons, for the proper functioning and availability of certain Internet sections and telecom network carriers involved in the User's Website access.

10.8. Taking into account the principles of Internet configuration and functioning, Website features are provided as supplied, which means that the Seller doesn’t provide any Website guarantees, in particular, the Seller doesn’t guarantee that the Website features, its direct or indirect effect, and quality will correspond to requirements and goals of the User; that the Website will be continual, secure and error-free available; that the results that will be obtained through the use of the Website will be accurate, reliable and meet the User’s expectations.

The Seller doesn't guarantee the unconditional preservation of the User's Personal Account and the placed User’s information on the Website.

10.9. Problems in the quality of the goods are accepted by the Seller for three solar months from the date of goods purchase and sale in a written form at the address: Dnipro, 75/55 Panikakhi St.

11. VIS MAJOR

11.1. The Seller or the Buyer are exonerated from liabilities for full or severable failure to perform obligations if it is a result of vis major circumstances, such as war or military activities, earthquake, flood, fire and other natural disasters, epidemics (including pandemics), imposition of the state of emergency, the actions of state organs and local councils and their acts that directly prohibit, establish conditions or make impossible to fulfill obligations under this User Agreement that arose regardless of the will of the Seller and/or Buyer after the User Agreement undertaking. The Party that cannot fulfill its obligations shall immediately notify the other Party.

11.2. Upon the occurrence of the circumstances specified in clause 11.1. the Parties shall notify each other by any possible means of communication. The notification must contain data on state circumstances that make impossible the fulfillment of the terms of this User Agreement by the parties concerned with confirmation of these circumstances with appropriate documents (if available).

12. PRIVACY

12.1. Any information provided by the Website User during the placement of an order, the purchase of goods or other services ordered on the Website, including, but beyond personal data, in particular, surname, name, patronymic name, identification code, phone number, email address, bank account details, etc are considered Private in coherence with this User Agreement,

12.2. The User agrees to the data acquisition and organization to the Seller and his partners/third parties for the selling goods purpose and providing other services.

12.3. The Seller guarantees that the use of the User's data is carried out only for the goods selling purpose, providing other services and information under this Public Offer following the Privacy Policy placed on the Website.

13. FINAL CLAUSES

13.1. This User Agreement shall come into effect at the moment when the User starts using the Website and is valid until the Parties fully fulfill their obligations.

13.2. In all things that aren’t provided by this User Agreement, the Seller and the User/Buyer rely upon the current legislation of Ukraine.

13.3. Documents transmitted by electronic means of communication or electronic documents may be taken into account in the relations of the parties as principals before they are exchanged for principals.