User Agreement - ingvart-baby.com

PUBLIC OFFER AGREEMENT

The IngVart online store, hereinafter referred to as the “Seller”, offers any individual or legal entity, hereinafter referred to as the “Buyer”, to place an order and purchase goods, the image of which is posted on the website https://ingvart.com/.
By placing an order on the Site, the Buyer voluntarily confirms acceptance of the following provisions:

1. GENERAL PROVISIONS
1.1. This agreement is a public offer and does not require signature (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine). The public offer agreement has the same legal force as an agreement signed on paper. This agreement contains all the essential terms of organizing the sale and purchase remotely, i.e. via the Internet, which excludes the possibility of the Buyer directly familiarizing himself with the Goods.

1.2. In case of acceptance of the terms of this agreement (i.e. the public offer of the online store), the citizen (or legal entity) accepting the offer becomes the Buyer. Acceptance is the fact of payment of the order in the amount of 100%, 50% or agreed upon by the parties under the terms of this agreement.

1.3. The seller makes retail sales of goods through the online store https://ingvart.com/.

1.4. Within the framework of this Agreement, a product sample is recognized as a design (image of a product corresponding to a specific article) of a product item.

1.5. The Seller reserves the right to make changes to this Agreement without prior notice to the Buyer.

2. RIGHTS AND RESPONSIBILITIES OF THE BUYER

2.1. The Buyer places an order for goods from the catalogue on the Website and sends it to the Seller.

2.2. If the Buyer has any questions regarding the properties and characteristics of the goods before placing an order, the Buyer may contact the Seller in any available way.

2.3. The Buyer undertakes to correctly indicate in the order his/her last name, first name, contact phone number, including the city code, the exact and complete delivery address, and also to agree with the Seller on the desired day and time of delivery.

2.4. The buyer undertakes to, in case of agreement on the quality and completeness of the parcel, pick up the goods from the post office or meet the courier of the freight carrier at a specified time at the specified delivery address.

2.5. The Buyer has the right to refuse the delivered goods. In case of refusal, the Buyer shall pay in full the Seller’s transportation costs incurred by him for the delivery of the goods to the Buyer’s city and the return of the goods to the Seller’s city at the rates of the courier service.

2.6. The Buyer pays for the order by any available method to the Seller’s card or account specified in the attached invoice for payment, which the Buyer receives by phone or e-mail.
2.7. After the Buyer has made a payment or prepayment, the order is accepted for processing in the completeness, quantity, color, size and other characteristics agreed upon by the latter before making the payment.
2.8. After the Buyer has made a payment or prepayment, no changes can be made to the order, since the order has already been transferred for processing and this process cannot be stopped. If the Buyer wishes to change their order, their previous order is cancelled and a new order is created with the production times valid at the time of creating the new order.

3. RIGHTS AND RESPONSIBILITIES OF THE SELLER

3.1. The Seller notifies the Buyer of the acceptance of the order by telephone and/or by e-mail, agrees on additional characteristics, the complete set of goods and their cost.

3.2. The Seller undertakes to deliver the goods in accordance with the received order, in the quantity, prices and terms agreed with the Buyer.

3.3. The seller guarantees that the appearance of the goods corresponds to their samples in the catalog. The characteristics and appearance of the goods stated on the website may differ slightly from the sample.

3.4. The Seller shall not be liable for the accuracy and correctness of the information provided by the Buyer during registration.

4. DELIVERY

4.1. Delivery of goods is carried out throughout the territory of Ukraine by the carrier indicated on the page https://ingvart.com/oplata-i-dostavka/

4.2. The Seller will make every effort to comply with the delivery times agreed with the Buyer. However, delays in delivery may occur due to unforeseen circumstances that are not the fault of the Seller.

4.3. The cost of delivery of goods within Ukraine and abroad is paid by the Buyer at the carrier’s rates.

4.4. Upon receipt of the order, the Buyer must check the conformity of the received products with the ordered goods. If, after inspection of the goods, any discrepancy is discovered, the Buyer must refuse the parcel, draw up a Parcel Damage Report and report the problem to the Seller by any available means. Otherwise, the Seller is not liable for possible damage or theft of the parcel.

5. COST OF GOODS

5.1. The exact cost of the goods is indicated in the product catalog on the website.

5.2. The price of goods on the Site may be changed by the seller unilaterally.

6. RETURN OF GOODS AND WARRANTY SERVICE

6.1. The buyer can return or exchange goods of proper quality within 14 days from the date of delivery.

6.2. The exchange of goods of proper quality is carried out if it has not been used and its presentation and consumer properties have been preserved, as well as in the presence of a document confirming the purchase of this product from the Seller.

6.3. Goods of proper quality, the list of which is approved by the Resolution of the Cabinet of Ministers of 19.03.94 No. 172, are not subject to exchange (return).

6.4 The cost of shipping services for the exchange or return of goods of proper quality is paid by the Buyer.

6.5 If the Buyer refuses the goods before receiving them, and the goods have already arrived at the details specified by the Buyer, the Seller undertakes to return the Buyer’s advance payment minus the cost of delivery services to the Buyer and return delivery to the Seller. If the amount of the Buyer’s advance payment is less than the cost of delivery services, the advance payment is not returned to the Buyer and partially compensates the Seller for losses in delivery services.

6.6. In case of detection of defects, the Buyer undertakes to inform the Seller about it within 14 days from the date of delivery of the order. In confirmation of the defect, the goods are transferred to the Seller for examination. In a positive case, the buyer is reimbursed for the full cost of the goods.

6.7. Delivery of goods to the Seller for warranty repairs is carried out by the Buyer.

6.8. Improper care or assembly of the product, resulting in its breakage/wear, is not a manufacturing defect, and products with such defects will not be accepted for return.

7. OTHER CONDITIONS

7.1. The Buyer gives permission for the Seller to process his personal data for the purpose of fulfilling the terms of this Agreement, making mutual settlements, and receiving invoices, certificates and other documents.

7.2. All information provided by the Buyer to the Seller may not be transferred for review and/or use to third parties, except with the Buyer’s written permission to transfer this information and in cases where this is required by Ukrainian or international legislation and/or authorities in compliance with the legal procedure.

7.3. In relations between the Buyer and the Seller, the law of Ukraine shall apply.

7.4. In case of any questions or claims from the Buyer, he/she should contact the Seller in any available way. The parties will try to resolve all disputes through negotiations. If it is impossible to reach an agreement, the dispute will be referred to a judicial body in accordance with the current legislation of Ukraine.

8. TERM OF THIS AGREEMENT

8.1. This agreement comes into force from the date of payment of the order and is valid for the fulfillment of all conditions.

Regulation on the processing and protection of personal data in personal databases owned by the seller

Content

General concepts and scope
List of personal data bases
Purpose of personal data processing
Procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the personal data subject
Location of the personal data base
Conditions for disclosure of information about personal data to third parties
Protection of personal data: methods of protection, responsible person, employees directly processing and/or having access to personal data in connection with the performance of their official duties, storage period of personal data
Rights of the personal data subject
Procedure for handling requests from the personal data subject
State registration of the personal data base

1. General concepts and scope of application

1.1 Definition of terms:

personal data base – a so-called set of organized personal data in electronic form and/or in the form of personal data files;

responsible person – a specific person who organizes work related to the protection of personal data during their processing, in accordance with the law;

the owner of a personal data base is an individual or legal entity who is granted the right to process this data by law or with the consent of the subject of personal data, who approves the purpose of processing personal data in this database, establishes the composition of this data and the procedures for processing it, unless otherwise specified by law;

State register of personal data bases – a unified state information system for collecting, accumulating and processing information about registered personal data bases;

publicly available sources of personal data – directories, address books, registers, lists, catalogues, other systematized collections of open information containing personal data, posted and published with the knowledge of the subject of personal data. Social networks and Internet resources in which the subject of personal data leaves their personal data are not considered publicly available sources of personal data (except for cases when the subject of personal data expressly states that the personal data is posted for the purpose of their free distribution and use);

consent of the subject of personal data – any documented, voluntary expression of will of an individual regarding the granting of permission to process his personal data in accordance with the formulated purpose of their processing;

depersonalization of personal data – removal of information that allows identification of an individual;

processing of personal data – any action or set of actions performed in whole or in part in an information (automated) system and/or in personal data files related to the collection, registration, accumulation, storage, adaptation, modification, updating, use and destruction of information about an individual;

personal data – information or a set of information about an individual who is identified or can be specifically identified;

personal data base manager – an individual or legal entity who has been granted the right to process this data by the owner of the personal data base or by law. A person who has been instructed by the owner and/or manager of the personal data base to carry out technical work with the personal data base without access to the content of the personal data is not a personal data base manager;

personal data subject – an individual in relation to whom, in accordance with the law, his personal data is processed;

third party – any person, with the exception of the subject of personal data, the owner or manager of the personal data base and the authorized state body for the protection of personal data, to whom the owner or manager of the personal data base transfers personal data in accordance with the law;

special categories of data—personal data about racial or ethnic origin, political, religious or ideological beliefs, membership of political parties and trade unions, as well as data concerning health or sexual life.

1.2. This Regulation is mandatory for use by the responsible person and the seller’s employees who directly process and/or have access to personal data in connection with the performance of their official duties.

2. List of personal data bases

2.1. The Seller is the owner of the following personal data bases:

database of personal data of counterparties.

3. Purpose of personal data processing

3.1. The purpose of processing personal data in the system is to ensure the implementation of civil-legal relations, the provision, receipt and implementation of payments for purchased goods and services in accordance with the Tax Code of Ukraine, the Law of Ukraine “On Accounting and Financial Reporting in Ukraine”.

4. Procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the subject of personal data

4.1. The consent of the subject of personal data must be a voluntary expression of the will of an individual regarding the granting of permission to process his personal data in accordance with the formulated purpose of their processing.

4.2. The consent of the personal data subject may be provided in the following forms:

a paper document with details that allow the identification of this document and the individual;
an electronic document that must contain mandatory details that allow the identification of this document and the individual. It is advisable to certify the voluntary expression of will of an individual regarding the granting of permission to process his personal data by an electronic signature of the subject of the personal data;
a mark on an electronic page of a document or in an electronic file that is processed in an information system based on documented software and hardware solutions.

4.3. The consent of the personal data subject is provided when formalizing civil-legal relations in accordance with current legislation.

4.4. Notification of the subject of personal data about the inclusion of his personal data in the personal data base, the rights defined by the Law of Ukraine “On the Protection of Personal Data”, the purpose of collecting data and the persons to whom his personal data is transferred is carried out when formalizing civil-legal relations in accordance with the current legislation.

4.5. The processing of personal data on racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data concerning health or sexual life (special categories of data) is prohibited.

5. Location of the personal data base

5.1. The personal data bases specified in Section 2 of this Regulation are located at the seller’s address.

6. Conditions for disclosure of personal data to third parties

6.1. The procedure for accessing personal data of third parties is determined by the terms of the consent of the subject of personal data, provided to the owner of personal data for the processing of this data, or in accordance with the requirements of the law.

6.2. Access to personal data shall not be granted to a third party if the said person refuses to undertake the obligation to ensure compliance with the requirements of the Law of Ukraine “On the Protection of Personal Data” or cannot ensure them.

6.3. The subject of relations related to personal data submits a request for access (hereinafter referred to as the request) to the personal data to the owner of the personal data.

6.4. The request shall include:

last name, first name and patronymic, place of residence (place of stay) and details of the document certifying the individual submitting the request (for an individual – applicant);
name, location of the legal entity submitting the request, position, last name, first name and patronymic of the person certifying the request; confirmation that the content of the request corresponds to the powers of the legal entity (for a legal entity – applicant);
last name, first name and patronymic, as well as other information that allows identification of the individual in respect of whom the request is being made;
information about the personal data base regarding which the request is submitted, or information about the owner or manager of this personal data base;
list of requested personal data;
the purpose and/or legal basis for the request.

6.5. The period for studying a request for its satisfaction may not exceed ten working days from the date of its receipt. During this period, the owner of the personal data base shall inform the person submitting the request that the request will be satisfied or the relevant personal data will not be provided, indicating the grounds specified in the relevant regulatory legal act. The request shall be satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.

6.6. A delay in access to personal data of third parties is permitted 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.

6.7. The notice of deferment shall be communicated to the third party who submitted the request in writing with an explanation of the procedure for appealing such a decision.

6.8. The notice of deferment shall indicate:

last name, first name and patronymic of the official;
date of sending the message;
reason for delay;
the period within which the request will be satisfied.

6.9. Denial of access to personal data is permitted if access to it is prohibited by law.

6.10. The refusal message shall indicate:

last name, first name, patronymic of the official denying access;
date of sending the message;
reason for refusal.

6.11. The decision to postpone or refuse access to personal data may be appealed in court.

7. Protection of personal data: methods of protection, responsible person, employees directly processing and/or having access to personal data in connection with the performance of their official duties, storage period of personal data

7.1. The owners of the personal data base are equipped with system, software, hardware and communication tools that prevent loss, theft, unauthorized destruction, distortion, forgery, copying of information and comply with the requirements of international and national standards.

7.2. The responsible person organizes work related to the protection of personal data during their processing, in accordance with the law. The responsible person is determined by the order of the owner of the personal data base.

The responsibilities of the person responsible for organizing work related to the protection of personal data during their processing are specified in the job description.

7.3. The responsible person is obliged to:

know the legislation of Ukraine in the field of personal data protection;
develop procedures for accessing employees’ personal data in accordance with their professional or official or work duties;
ensure that the employees of the owner of the personal data base comply with the requirements of the Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the owner of the personal data base on the processing and protection of personal data in personal data bases;
develop a procedure for internal control over compliance with the requirements of Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the owner of a personal data base for the processing and protection of personal data in personal data bases, which, in particular, should contain standards regarding the frequency of such control;
inform the owner of the personal data base about the facts of violations by employees of the requirements of the legislation of Ukraine in the field of personal data protection and internal documents regulating the activities of the owner of the personal data base on the processing and protection of personal data in personal data bases no later than one working day from the moment of detection of such violations;
ensure the storage of documents confirming the provision by the subject of personal data of consent to the processing of his personal data and notification of the said subject of his rights.

7.4. In order to fulfill his/her duties, the responsible person has the right to:

receive the necessary documents, including orders and other administrative documents issued by the Owner of the personal data base, related to the processing of personal data;
make copies of received documents, including copies of files, any records stored in local area networks and stand-alone computer systems;
participate in the discussion of the responsibilities of the organization of work related to the protection of personal data during their processing;
submit proposals for improvement of activities and refinement of working methods, submit comments and options for eliminating identified deficiencies in the process of processing personal data;
receive explanations regarding the processing of personal data;
sign and endorse documents within the limits of their competence.

7.5. Employees directly involved in processing and/or having access to personal data in connection with the performance of their official (labor) duties are required to comply with the requirements of Ukrainian legislation in the area of personal data protection and internal documents on the processing and protection of personal data in personal data bases.

7.6. Employees who have access to personal data, including those who process them, are obliged to prevent disclosure in any way of personal data that they have been entrusted with or that have become known to them in connection with the performance of professional or official or work duties. Such an obligation shall apply after they have ceased their activities related to personal data, except in cases established by law.

7.7. Persons who have access to personal data, including those who process it in violation of the requirements of the Law of Ukraine “On the Protection of Personal Data”, are liable in accordance with the legislation of Ukraine.

7.8. Personal data shall not be stored longer than is necessary for the purpose for which such data are stored, but in any case not longer than the data storage period specified in the consent of the personal data subject to the processing of these data.

8. Rights of the personal data subject

8.1. The subject of personal data has the right:

know the location of the personal data base containing his personal data, its purpose and name, the location and/or place of residence (location) of the owner or manager of this base or give the appropriate instruction to obtain this information to persons authorized by him, except in cases established by law;
receive information about the conditions for granting access to personal data, in particular information about third parties to whom his personal data contained in the relevant personal data base is transferred;
to access their personal data contained in the relevant personal data base;
receive, no later than thirty calendar days from the date of receipt of the request, except in cases provided by law, a response as to whether his personal data is stored in the relevant personal data base, and also receive the content of his stored personal data.
to submit a reasoned request with an objection to the processing of their personal data by state authorities and local government bodies in the exercise of their powers provided for by law;
to submit a reasoned demand for the change or destruction of their personal data by any owner or manager of this database if this data is processed illegally or is inaccurate.
to protect their personal data from illegal 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 inappropriate;
to contact government bodies and local government bodies whose powers include the protection of personal data on issues related to the protection of their rights regarding personal data;
apply legal remedies in case of violation of legislation on the protection of personal data.

9. Procedure for handling requests from personal data subjects

9.1. The subject of personal data has the right to receive any information about himself from any subject of relations related to personal data, without specifying the purpose of the request, except in cases established by law.

9.2. Access of the personal data subject to data about himself/herself is free of charge.

9.3. The subject of personal data submits a request for access (hereinafter referred to as the request) to personal data to the owner of the personal data base.

The request specifies:

surname, first name and patronymic, place of residence (place of stay) and details of the identity document of the subject of personal data;
other information that allows identifying the identity of the personal data subject;
information about the personal data base on which the request is submitted, or information about the owner or manager of this base;
list of requested personal data.

9.4. The period for studying a request for its satisfaction may not exceed ten working days from the date of its receipt. During this period, the owner of the personal data base shall inform the subject of the personal data that the request will be satisfied or the relevant personal data will not be provided, indicating the grounds determined in the relevant regulatory legal act.

9.5. The request shall be satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.

10. State registration of the personal data base

10.1. State registration of personal data bases is carried out in accordance with Article 9 of the Law of Ukraine “On the Protection of Personal Data”.

PUBLIC OFFER AGREEMENT

The IngVart online store, hereinafter referred to as the “Seller”, offers any individual or legal entity, hereinafter referred to as the “Buyer”, to place an order and purchase goods, the images of which are posted on the website https://ingvart.com/.
By placing an order on the Site, the Buyer voluntarily confirms acceptance of the following provisions:

1. GENERAL PROVISIONS
1.1. This agreement is a public offer and does not require signature (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine). The public offer agreement has the same legal force as an agreement signed on paper. This agreement contains all the essential terms of organizing the sale and purchase remotely, i.e. via the Internet, which excludes the possibility of the Buyer directly familiarizing himself with the Goods.

1.2. In case of acceptance of the terms of this agreement (i.e. the public offer of the online store), the citizen (or legal entity) accepting the offer becomes the Buyer. Acceptance is the fact of payment of the order in the amount of 100%, 50% or as agreed by the parties under the terms of this agreement.

1.3. The seller carries out retail sales of goods through the online store https://ingvart.com/.

1.4. Within the framework of this Agreement, a product sample is recognized as a design (image of a product corresponding to a specific article) of a product item.

1.5. The Seller reserves the right to make changes to this Agreement without prior notice to the Buyer.

2. RIGHTS AND RESPONSIBILITIES OF THE BUYER

2.1. The Buyer places an order for goods from the catalogue on the Website and sends it to the Seller.

2.2. If the Buyer has any questions regarding the properties and characteristics of the goods, before placing the order, the Buyer may contact the Seller in any available way.

2.4. The buyer undertakes to inspect and, if he/she agrees with the quality and completeness of the parcel, to pick up the goods from the post office or meet the carrier’s courier at the specified time at the specified delivery address.

2.5. The Buyer has the right to refuse the delivered goods. In case of refusal, the Buyer shall pay in full the Seller’s transportation costs incurred for the delivery of the goods to the Buyer’s city and the return of the goods to the Seller’s city at the rates of the courier service.

2.6. The Buyer pays for the order by any available method to the Seller’s card or account specified in the attached invoice, which the Buyer receives by phone or email.

3. RIGHTS AND RESPONSIBILITIES OF THE SELLER

3.1. The Seller notifies the Buyer of the acceptance of the order by telephone and/or e-mail, agrees on additional characteristics, the complete set of goods and their cost.

3.2. The Seller undertakes to deliver the goods in accordance with the received order, in the quantity, prices and terms agreed with the Buyer.

3.3. The Seller guarantees that the appearance of the goods corresponds to their samples in the catalog. The characteristics and appearance of the goods stated on the Site may differ slightly from the sample.

3.4. The Seller shall not be liable for the accuracy and correctness of the information provided by the Buyer during registration.

4. DELIVERY

4.1. Delivery of goods is carried out throughout the territory of Ukraine by the carrier indicated on the page https://ingvart.com/dostavkaio... .

4.2. The Seller will make every effort to comply with the delivery times agreed with the Buyer. However, delays in delivery are possible due to unforeseen circumstances that are not the fault of the Seller.

4.3. The cost of delivery of goods within Ukraine and abroad is paid by the Buyer in accordance with the carrier’s tariffs.

4.4. Upon receipt of the order, the Buyer must check the conformity of the received products with the ordered goods. If, after inspection of the goods, any discrepancy is revealed, the Buyer must refuse the parcel, draw up a Parcel Damage Report and notify the Seller of the problem by any available means. Otherwise, the Seller shall not be liable for possible damage or theft of the parcel.

5. COST OF GOODS

5.1. The exact cost of the goods is indicated in the product catalog on the Website.

5.2. The price of the goods on the Website may be changed by the Seller unilaterally.

6. RETURN OF GOODS AND WARRANTY SERVICE

6.1. The buyer can return or exchange goods of proper quality within 14 days from the date of delivery.

6.2. Exchange of goods of proper quality is carried out if it has not been used and if its presentation and consumer properties have been preserved, as well as in the presence of a document confirming the purchase of this product from the Seller.

6.3. Goods of proper quality, the list of which is approved by the Resolution of the Cabinet of Ministers of Ukraine dated 19.03.94 No. 172, are not subject to exchange (return).

6.4 The cost of shipping services in case of exchange or return of goods of proper quality is paid by the Buyer.

6.5 If the Buyer refuses the goods before receiving them, and the goods have already arrived at the details specified by the Buyer, the Seller undertakes to return the Buyer’s advance payment minus the cost of services for delivery of the goods to the Buyer and return delivery to the Seller. If the amount of the Buyer’s advance payment is less than the cost of delivery services, the advance payment is not returned to the Buyer and partially compensates the Seller for losses in delivery services.

6.6. In case of detection of a defect, the Buyer undertakes to notify the Seller within 14 days from the date of delivery of the order. To confirm the defect, the goods are sent to the Seller for examination. In a positive case, the Buyer is reimbursed the full cost of the goods.

6.7. Delivery of goods to the Seller for warranty repairs is carried out by the Buyer.

6.8. Improper care or assembly of the product, which led to its breakage/wear, is not a manufacturing defect, and products with such defects will not be accepted for return.

7. OTHER CONDITIONS

7.1. The Buyer gives permission for the Seller to process his personal data for the purpose of fulfilling the terms of this Agreement, making mutual settlements, and also for receiving invoices, certificates and other documents.

7.3. The relations between the Buyer and the Seller are governed by the law of Ukraine.

7.4. In case of any questions or claims from the Buyer, he/she should contact the Seller in any available way. The parties will try to resolve all arising disputes through negotiations. If it is impossible to reach an agreement, the dispute will be referred to a judicial body in accordance with the current legislation of Ukraine.

8. TERM OF THIS AGREEMENT

8.1. This agreement comes into force from the date of payment of the order and is valid until all conditions are met.