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1. DEFINITIONS

In this agreement, the terms defined below are used uniformly in singular and plural (unless otherwise implied by the context of the term and/or definition) with the following meanings:

1.1. "Online Store "WORLD OF CLASSICAL MUSIC"" – an internet page (website) in the form of a showcase, located on the global Internet for posting information, advertising, and selling Goods offered by various manufacturers (including non-residents).

1.2. "Showcase"/"Website" – an internet page (website) at the address (link):http://www.skm-music.com.ua, яка використовується її власником для надання послуг виробникам товарів з розміщення, рекламування та їх продажу в інтернет-магазині "СВІТ КЛАСИЧНОЇ МУЗИКИ".

1.3. "Goods" – a device, product, means, accessory, as well as other products presented by the manufacturer (supplier, performer) for sale, which is advertised and sold through the Showcase of the online store "WORLD OF CLASSICAL MUSIC" using the System's services.

1.4. "System" – a software complex (automated information system) provided by the online store to the Buyer for remote, simplified viewing of Goods via the Internet, where the Buyer is given the opportunity to familiarize themselves with the technical characteristics, instructions, and properties of the interested Goods (if applicable in each case as provided by the Goods Manufacturer), as well as the procedure for its Order, purchase, and receipt.

1.5. "Order" – a set of actions provided by the online store's System, consciously performed by the Buyer for viewing, selecting, and purchasing goods.

1.6. "Service" – a set of actions performed by the Executor in accordance with the Order placed by the Buyer using the online store's System, for further interaction and execution.

1.7. "Executor" – a natural person (individual entrepreneur) or legal entity, formed in accordance with the organizational and legal form provided by current legislation, acting in the interests of the online store "WORLD OF CLASSICAL MUSIC" on the basis of concluded contracts, agreements, assignments, issued powers of attorney, etc., for carrying out operations such as: processing Orders, concluding sales agreements with the Buyer, Carrier, Supplier, Manufacturer, for mutual settlements, acceptance-transfer or dispatch of purchased (ordered) Goods by the Buyer.

1.8. "Buyer" – a natural or legal person who intends to purchase Goods via the Internet, using the System and Services provided by the online store "WORLD OF CLASSICAL MUSIC" under the terms of this Offer.

1.9. "Offer" – this agreement, which regulates the relations of sale of household goods ordered and purchased via the Internet using the Showcase and the complex of Services provided by the online store "WORLD OF CLASSICAL MUSIC".

1.10. "Manufacturer" – a business entity that: produces Goods or declares itself as the manufacturer of Goods or as producing such goods to order, placing its name, trademark, or other identifying element on the goods and/or on the packaging or accompanying documents transferred to the consumer along with the goods; or imports goods and is responsible for the production, supply, and ensuring the compliance of each product manufactured by it.

1.11. "Supplier" – a natural or legal person who, on the basis of concluded civil law agreements, contracts, official representative (dealer) certificates, delivers goods to the destination/to the Executor/to the Buyer.

1.12. "Carrier" – a business entity of any organizational and legal form that provides services for the delivery (transportation) of goods to the destination/to the Executor/to the Buyer.

1.13. "Recipient" – the Buyer, or a natural or legal person authorized by him, who, on the basis of relevant documents (power of attorney, contract), has the right to receive the goods purchased by the Buyer at the destination/in the premises of the Online Store/in the service center of the Online Store/at a place agreed upon by the parties, and also has the right to exchange the Goods or return the Goods/funds paid for the Goods on the grounds provided by this offer and current legislation of Ukraine.

1.14. "Online Store Service Center" – a legal entity, or individual entrepreneur, who, on the grounds defined by current legislation, has the right to conduct expert examination of Goods advertised and sold through the Showcase of the online store "WORLD OF CLASSICAL MUSIC" using the System's services, for the purpose of determining the compliance of product characteristics established for such Goods with legislation, current norms, and, if provided by law or contract, to provide warranty and/or post-warranty repair services for the Goods.

1.15. "Parties (Party in the corresponding case)" - Online store "WORLD OF CLASSICAL MUSIC", Executor, Buyer, Manufacturer, Supplier, Carrier, Recipient, Online Store Service Center in the meaning and on the terms defined by Section 1 of this Offer.

2. GENERAL PROVISIONS

2.1. This Offer regulates the terms and procedure for the provision of Services by the online store "WORLD OF CLASSICAL MUSIC" for the Buyer to order and purchase Goods via the Internet, provided by the Executor, and also establishes the rights and obligations arising in connection therewith for the Buyer, Executor, Recipient, and other Parties.

2.2. The activity of the online store "WORLD OF CLASSICAL MUSIC" is carried out in accordance with the Constitution of Ukraine, Civil and Commercial Codes of Ukraine, Laws of Ukraine "On Electronic Commerce", "On Consumer Rights Protection", "On Electronic Documents and Electronic Document Management", "On Personal Data Protection", "On Commercial and Confidential Information", "On Payment Systems and Money Transfer in Ukraine", "On Advertising", and other current regulatory legal acts in Ukraine.

2.3. The services provided by the online store "WORLD OF CLASSICAL MUSIC" include:

  • providing the Buyer, at their request, with consultations regarding the Goods presented on the Showcase;

  • processing orders for the purchase of Goods received from the Buyer;

  • sending the Goods to the destination (to the Buyer);

  • making settlements for purchased Goods with the Buyer;

  • exchanging purchased Goods for the Buyer or returning money for purchased Goods under the terms of the Offer;

  • warranty (post-warranty) repair of Goods under the terms of the Offer.

2.4. Calculation, issuance, shipment, acceptance-transfer of goods are carried out exclusively on the terms of this Offer and only in case of full and unconditional acceptance of the terms of this Offer by the Buyer (acceptance of the Offer). Partial acceptance, as well as acceptance on other terms, is not allowed.

2.5. If the Buyer does not fully accept the terms of this Offer, the issuance, shipment, acceptance-transfer of the Goods is not carried out, and the Goods purchased by the Buyer cannot be returned on the grounds of disagreement with the terms of this Offer after its acceptance and payment of funds for the relevant goods. The return of funds, warranty/post-warranty repair, return of funds for purchased Goods, and exchange of purchased Goods by the Buyer are possible only in the manner and on the terms established by this Offer and current legislation of Ukraine.

2.6. The issuance, shipment, dispatch of Goods by the Executor to the Buyer indicates that the Buyer has accepted the terms of the Offer (acceptance of the Offer), and also confirms the absence of any claims from the Buyer regarding the purchased goods and provided services.

2.7. The online store "WORLD OF CLASSICAL MUSIC" has the right to make changes to this Offer, but in any case, such changes are published timely and are publicly available on the Internet at http://www.skm-music.com.ua. The Buyer's use of the system services after changes have been made to the text of the Offer means acceptance of the Offer taking into account the changes made.

2.8. The terms of this Offer are valid for Buyers who make payment both through the online store System and in the premises where the online store office is directly located, and do not depend on the form of payment.

2.9. This Offer comes into force from the date of its placement on the online store's website and is valid indefinitely.

2.10. The text of the Offer is compiled in Ukrainian with the Buyer's full understanding of the content of the Offer and the legal consequences of the Buyer's acceptance of the Offer.

3. SUBJECT OF THE OFFER

3.1. The subject of this Offer is the provision by the online store "WORLD OF CLASSICAL MUSIC" to the Buyer of services for providing consultations, processing Orders, selling, delivering, returning or exchanging Goods, and returning money for Goods under the terms provided by this Offer.

3.2. In accordance with the provisions of the Law of Ukraine "On Personal Data Protection" dated 01.06.2010, the Buyer acknowledges and agrees to the provision to the online store "WORLD OF CLASSICAL MUSIC" of their personal data, and equivalently, the personal data of third parties specified by the Buyer, which are received by the Executor during order processing, including/but not limited to: surname, name, gender, contact phone number, city, delivery address (in case of goods delivery services), and email address. The processing of the Buyer's personal data is carried out in accordance with the legislation of Ukraine. The Buyer grants the online store the right to process their personal data in connection with the provision of Services stipulated by this Offer, including for the purpose of receiving advertising messages about goods sold by the online store. Therefore, since the processing of the Buyer's personal data is carried out in connection with the execution of the contract concluded under the terms of this Offer, the Buyer's consent to the processing of their personal data is not required. The term of use of the personal data provided by the Buyer is indefinite. The Buyer guarantees and is responsible for the fact that the data specified in the Order are voluntarily provided by him and/or third parties during order placement and all these persons are familiar with and agree to the Offer.

3.3. The online store "WORLD OF CLASSICAL MUSIC" allows the Buyer to view and download materials presented on the Showcase only for personal non-commercial use, provided that the Buyer retains all copyright and related rights information and other proprietary information contained in the original materials and any copies thereof. It is forbidden to modify the Site materials, as well as distribute or display them in any form or use them in any other way for public or commercial purposes. Any use of these materials on other websites or in computer networks is prohibited.

3.4. The materials and services of this Site are provided to the Buyer "as is", without any warranties, except for those provided by the Manufacturer of the Goods' warranty obligations and/or the requirements of current legislation. The online store "WORLD OF CLASSICAL MUSIC" does not guarantee the accuracy and completeness of the Goods information provided on this Site, and may at any time without notice make changes to the Goods information provided on this Site. In the event that the Goods information on this Site becomes outdated, the online store is not obligated to update it. Under no circumstances shall the online store be liable for any damages (including, but not limited to, the Buyer's loss of profit, data, or business interruption) arising from the use, inability to use, or results of using this Site.

4. ACCEPTANCE RULES

4.1. This offer is considered the main document in official relations between the Buyer and the online store "WORLD OF CLASSICAL MUSIC"/Executor/Parties. The Buyer's acceptance of this Offer is carried out by sequentially performing the actions provided by the online store's System (acceptance of the Offer). The Buyer's acceptance of this Offer is voluntary and is considered equivalent to concluding a written agreement (para. 2 of Article 642 of the Civil Code of Ukraine).

4.2. Before accepting the Offer, the Buyer must be sure that all terms of this Offer are clear to him and that he accepts them unconditionally and in full.

4.3. The Buyer's acceptance of this Offer is carried out by sequentially performing the following actions:

  • contacting the Online Store "WORLD OF CLASSICAL MUSIC" directly at the premises where the Online Store office is located, or using the Online Store System;

  • selecting a specific product of a certain category, price, type, brand, etc.;

  • familiarizing oneself with the terms of this Offer;

  • familiarizing oneself with information about the product;

  • providing personal data to the Online Store.

4.4. After performing all actions specified in clause 4.3 of this Offer, the Buyer, depending on the chosen method of purchasing the goods, makes payment for the Order within the stipulated period.

4.5. The Buyer's payment for the ordered goods indicates acceptance of the Offer.

4.6. In accordance with the provisions of clause 4.5 of this Offer, the Buyer can receive the goods by having them sent by the Executor to the address specified by the Buyer only if the Buyer fulfills the obligation to fully pay for the goods, as well as for the services provided by the carrier, if transportation services were agreed upon by the parties.

4.7. By contacting the Online Store or leaving statements/messages/comments on the Site, the Buyer is responsible for ensuring that these statements/messages/comments are not illegal, harmful, threatening, defamatory, contrary to moral norms, violate copyrights, promote hatred and/or discrimination against people based on race, ethnicity, gender, religion, social characteristics, contain insults to specific individuals or organizations, or in any other way violate current legislation of Ukraine. The Buyer agrees that any of their messages may be deleted by the Online Store without the Buyer's consent, and may also be used freely at its own discretion. The Online Store is not responsible for any information posted by Site users.

4.8. Since the characteristics of the Goods may differ from those stated on the Site, the Buyer undertakes to clarify information about the Goods with the manufacturer or the Online Store consultant before accepting the Offer.

4.9. Since the Manufacturer has the right to change the characteristics of the Goods without prior notice to the Online Store and/or the Executor, the Buyer/Recipient undertakes, at the time of receiving the Goods, to demand from the Executor/Supplier/Carrier the right to personally inspect the Goods for compliance of product characteristics, settlement and warranty documents with the Buyer's/Recipient's expectations.

5. PAYMENT PROCEDURE

5.1. The Buyer has the right to pay for the goods by any of the methods offered by the online store, information about which is available on the website.

5.2. Payment is considered made by the Buyer at the moment of confirmation of successful receipt (crediting) of the full amount of funds for the purchased goods to the online store's account or to the Executor's account, depending on the prior agreement of the Parties.

5.3. After the Buyer has fully paid for the placed Order in accordance with clause 5.2 of this Offer, the goods are considered sold and the Buyer acquires the right to use and dispose of them.

6. PRODUCT WARRANTIES, PRODUCT RETURNS AND REFUNDS FOR PURCHASED GOODS

6.1. Warranty (if provided by law or contract, then also post-warranty) service of the Goods, return of Goods, replacement of Goods, return of funds for purchased Goods in the Online Store is carried out through the Online Store's service center, located in the building where the Online Store office is located, in accordance with the rules established by current legislation and this Offer.

6.2. If the Goods have lost their commercial characteristics, do not work/function properly, warranty (post-warranty) service, repair, exchange, or return of these Goods or funds for these Goods is carried out only if there is a written conclusion from the Online Store's service center stating that the operating conditions of the Goods by the Buyer have not been violated.

6.3. Funds are returned to the Buyer only for those Goods that were purchased by him using the Online Store System, or directly in the premises of the building where the Online Store office is located.

6.4. Funds received by the online store/Executor as payment for goods are subject to return to the Buyer in case of his refusal to receive such goods for reasons and within the terms provided by both the Law of Ukraine "On Consumer Rights Protection" and the terms of this Offer, taking into account all restrictions established by regulatory legal acts of the Cabinet of Ministers of Ukraine regarding categories of goods that are not subject to return.

6.5. Information on the procedure, terms, time, and place of goods return, rules, and operating procedures of the Online Store's service center can be found on the Online Store's Website, or directly in the premises where the Online Store office is located. The Buyer has no right to make claims to the Online Store on the grounds of incomplete information or product completeness, lack of compliance certificate, etc., after acceptance of the Offer, since the System contains only that information and only those documents for the Goods that were provided and confirmed by the Manufacturer/Supplier of the Goods as exhaustive and comprehensive.

6.6. If, during the warranty period, the Goods and/or their components, to which the warranty terms apply, failed due to the fault of the Manufacturer and the Goods, upon the Buyer's relevant request to the Online Store's service center, cannot be repaired, the Buyer has the right to exchange the Goods for a similar Goods of proper quality, or to return money for the Goods, unless otherwise provided by current legislation, provided that the buyer submits the following to the Online Store office:

  • goods with full комплектация;

  • warranty card or a document replacing it;

  • document confirming full payment for the Goods;

  • written conclusion from the Online Store's service center stating that the Goods and/or their components must be replaced under warranty terms with similar Goods and/or their components, or that the Buyer has the right to return money for the Goods.

6.7. The Online Store's service center has the right to refuse warranty repair of the Goods if:

  • the buyer has violated the rules for using the Goods, set out in the operating documents for the Goods;

  • the product shows signs of mechanical or other damage resulting from the actions of the Buyer or third parties;

  • the Buyer or third parties have repaired the Goods, or changed the design, components, or parts of the Goods;

  • the Buyer does not have warranty documents for the Goods.

6.8. In any case, warranty obligations do not extend to the following cases:

  • natural wear and tear or exhaustion of the Manufacturer's declared resource of the Goods;

  • damage to the Goods as a result of natural disasters and natural phenomena;

  • damage to the Goods caused by emergency voltage increases or decreases in the electrical network or improper connection to the electrical network;

  • damage to the Goods caused by negligence or improper use (ingress of liquid or foreign objects into the product body, use of the Goods for purposes other than intended or not in accordance with the operating rules declared by the Manufacturer);

  • software malfunction that is not included with the product.

6.9. Funds for the Goods are returned to the Buyer only upon mandatory actual return of the Goods by the Buyer. Goods with defects, scratches, or other mechanical damage that appeared as a result of unauthorized interference with the operation of the Goods by third parties, caused by the fault of the Buyer, are not subject to return or exchange.

6.10. The Online Store does not refund money for Goods whose parts (accessories) have been lost or damaged by the Buyer.

7. RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. The Buyer has the right to:

7.1.1. Independently obtain information from open sources regarding the price of the Goods, its characteristics, methods of payment, purchase and receipt, information regarding warranty conditions, etc.

7.1.2. Choose a method of payment for the Goods from those offered by the online store. In this case, the Buyer is obliged to independently familiarize themselves with the rules for using a particular payment method, delivery, circulation, return of Goods under the terms of this Offer, and other necessary information regarding the purchase of Goods.

7.1.3. Refuse to purchase the Goods until the payment for the Order is made in accordance with the terms provided by this Offer.

7.2. The Buyer is obliged to:

7.2.1. Independently and thoroughly familiarize themselves with all rules for purchasing the Goods, its characteristics and properties using the System, familiarize themselves with the terms of this Offer when making a purchase (payment), and also familiarize themselves with additional rules governing the relations of the Parties in accordance with this Offer.

7.2.2. When placing an Order, provide accurate, precise, and complete information about themselves. The Buyer acknowledges that they are fully responsible for the data communicated by them to the Online Store and have no claims against the Online Store for an incorrectly placed Order or providing unreliable information to third parties, as they did not ensure the correctness of the Order themselves during placement.

7.2.3. Pay the full cost of the Goods according to the placed Order under the terms of the payment method previously agreed with the Online Store.

7.3. The Online Store has the right to:

7.3.1. Require the Buyer to follow the entire procedure for placing/ordering and paying for the Goods in accordance with the rules set out in this Offer and presented by the Online Store System.

7.3.2. Refuse the Buyer the sale of Goods and the provision of Services if the Buyer refuses to accept this Offer on the terms set out herein.

7.3.3. At any time, develop a modification of any software of the System, including the Internet site, suspend the operation of software that ensures the functioning of the site, upon detection of significant malfunctions, errors, or failures, as well as for the purpose of carrying out preventive work to prevent cases of unauthorized access (interference) by third parties to the site.

7.3.4. Establish and change tariffs for its Services unilaterally at any time.

7.3.5. Include in the cost of the Order and charge the Buyer the cost of funds for the goods delivery service, unless otherwise agreed by the Parties in advance.

7.3.6. Require full payment for the ordered Goods from the Buyer before the Buyer receives the Goods.

7.3.7. If the Buyer fails to comply with any of the clauses of the Offer, refuse to provide further services to him.

7.4. The Online Store is obliged to:

7.4.1. Provide the Buyer with necessary information (consultation) about the Goods that interested the Buyer.

7.4.2. Provide necessary information about the procedure for placing/paying for/receiving the Goods. Exhaustive information is considered to be that information which the Online Store publishes on the website and that information which is located in the premises of the Online Store's office.

7.4.3. Use the Buyer's personal data in a manner provided by current legislation.

8. LIABILITY OF THE PARTIES

8.1. In case of non-performance or improper performance of their obligations stipulated by this Offer, the Parties shall be liable in accordance with the current legislation of Ukraine and the terms of this Offer.

8.2. The liability of the Online Store to the Buyer is limited to the function of organizing and carrying out interaction between the Executor and the Buyer for the purpose of selling Goods.

8.3. The Online Store is not responsible for the discrepancy (incompleteness) of the documents for the goods provided by the Manufacturer, delivery delays, lack of a certificate of conformity for the goods, etc., as it only provides services for placing goods on its Showcase for remote, quick, and convenient purchase of these goods. Advice and recommendations provided by the Executor to the Buyer cannot be considered as Manufacturer's/Supplier's warranties for the Goods.

8.4. The Buyer assumes all possible commercial risks associated with the Buyer's actions in making errors and inaccuracies in their personal data provided.

8.5. The Online Store is not responsible for any damages and moral harm incurred by the Buyer as a result of misinterpretation or misunderstanding of information about the procedure for placing/paying for an Order, as well as receiving the Goods.

8.6. The Parties are released from liability for full or partial non-performance of their obligations under this Offer if such non-performance resulted from force majeure circumstances, i.e., extraordinary and unavoidable circumstances that arose beyond the will of the Parties. Force majeure circumstances include, but are not limited to: natural disasters, military actions, strikes, natural riots and protests, actions and decisions of state authorities, failures occurring in telecommunication and energy networks.

8.7. The Online Store is not responsible for the operability and/or security of the information communication channels used by the Buyer to access the Online Store website to place an order for Goods.

8.8. All claims and disputes arising from the Buyer regarding the purchased Goods are to be submitted directly to the manufacturer of such Goods, taking into account the requirements established in Section 6 of this Offer.

9. DISPUTE RESOLUTION

9.1. Disputes arising during civil law relations between the Parties under the terms of this Offer are resolved through negotiations between them. A dispute that cannot be resolved through negotiations is resolved in accordance with the current legislation of Ukraine with mandatory observance of the claim procedure at the pre-trial dispute resolution stage.

9.2. The Buyer's claim to the Online Store or the Executor is submitted in writing with the attachment of documents substantiating the proposed demands and the reasons for the dispute. A claim received from the Buyer is considered by the Online Store/Executor in accordance with current legislation.

9.3. For all other matters not covered by this Offer, the Parties are guided by the current legislation of Ukraine.

10. FINAL PROVISIONS

10.1. The Buyer accepts and agrees that they are fully responsible for providing an incorrect or invalid email address or other information provided by them when placing an order.

10.2. Changes (additions) to the terms of this Offer by the Buyer are not allowed.

11. TERM OF VALIDITY OF THE OFFER

11.1. This Offer comes into force from the date of its placement on the Online Store website and is valid indefinitely. The provisions of this clause also apply to additions (changes) to this Offer.