Public Offer Agreement

This agreement, in which one party, private entrepreneur Olha Shliakhtych, tax payer registration card number: 2 071 000 0000 028591 (hereinafter, the “Seller”), on one side, and any person who took (accepted) this offer (hereinafter, the “Buyer”), on the other side, hereinafter collectively, the “Parties”, have entered into this agreement (the “Agreement”), addressed to the public, that constitutes the Seller’s public offer to make an agreement on sale and purchase of the Products which information and/or photos are posted in the appropriate section of the site www.c-x-e-m-a.com. The Seller and the Buyers, as they purchase the Products which information and/or photos are posted in the appropriate section of the Website www.c-x-e-m-a.com, accept the terms and conditions of this Agreement as follows.

1. GENERAL PROVISIONS

1.1. Contractual relations between the Seller and the Buyer shall be documented in the Public Offer Agreement. Clicking on a selected item on the site web-resource page www.c-x-e-m-a.com, whereby the Buyer can make an order by clicking on the button BUY, and making the order by adding Products to the virtual basket and clicking on the button «I agree with the terms & conditions», means that the Buyer, regardless of their status (an individual, legal entity, or individual business), has, in accordance with applicable Ukrainian legislation, accepted to meet the terms and conditions of the Public Offer Agreement as detailed below.

1.2. The Public Offer Agreement is public, that is, in accordance with Articles 633 and 641 of the Civil Code of Ukraine, its terms and conditions are equal for all Buyers regardless of their status (an individual, legal entity, or individual business). If they fully agree with this Agreement, a Buyer accepts the terms of and procedure for ordering, payment, and delivery of goods by the Seller and liability for bad faith Order and mon-performance under this Agreement.

1.3. This Agreement shall become valid once the button «I agree with the terms & conditions» is clicked on.

2. TERMS AND DEFINITIONS

«Public Offer Agreement» means the standard form agreement, which sample is posted on the Website www.c-x-e-m-a.com, that contains Seller’s offer to purchase the Product, informed and/or imaged on the Website, and is addressed to an undefined group of persons, including Buyers.

«Acceptance» means the taking by the Buyer of the Seller’s offer to purchase the Product, imaged on the Website, by adding the same to the virtual basket and sending the Order.

«Product» means an article of merchandise or event ticket the Seller’s offer to purchase which is posted on the Website, namely: a produce, model, accessory, components and related items, or any other articles of merchandise; the electronic event ticket - a document, which formed on electronic or paper medium, confirming the Buyer’s right to visit th Event and containing the bar code, information about the name, date, time, venue, cost of visiting the Event, as well as additional legal or technical information.

«Event» — cultural fun-fair and musical event, including a concert, as well as any other event, whose visiting is possible only after presentation of a special document – ticket. 

«Buyer» means any capable/competent individual, legal entity, or individual business in accordance with applicable Ukrainian legislation who have visited the Website www.c-x-e-m-a.com and wish to purchase any of the Products.

«Seller» means the individual business in accordance with applicable Ukrainian legislation who is the owners or distributors of and wish to sell the Products by using the Website.

«Order» means the duly filled out and posted on the Website Buyer’s Product purchase order that is addressed to the Seller.

«Legislation» means applicable Ukrainian legislation that may be applied to the legal relations associated with and/or arising out of the performance of the obligations as described herein.

3. SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes, subject to the terms and in the manner set forth in this Agreement, to sell the Product basing on the Order made by the Buyer on the appropriate page of the Website www.c-x-e-m-a.com, and the Buyer undertakes, subject to the terms and in the manner set forth herein, to buy and pay money for the Product.

3.2. The Seller warrants that the Product is: not pledged, free from litigation, and not attached and that there are no third-party rights for the same.

3.3. The Seller and the Buyer confirm that this Agreement is not a fictitious or sham arrangement made under pressure or by deceit.

3.4. The Seller confirms that it has all requisite business permits that govern the area of legal relations arising and operating in the course of performance under this Agreement and warrants that it is entitled to manufacture and/or sell the product without any restrictions and according to the requirements of applicable Ukrainian legislation and undertakes to be liable in the event of violating the Buyer’s rights while performing hereunder and selling the Product.

3.5. In the case purchase the electronic event ticket through the Website www.c-x-e-m-a.com by Buyer, the Seller undertakes to give the Buyer the right (access) to visit Event and consumption of service, to which the Buyer is buying the Ticket, and Buyer undertakes to pay the service cost and comply with the terms and conditions of Event visiting set forth in this Agreement. 

4. SELLER’S RIGHTS AND OBLIGATIONS

4.1. The Seller shall:

• meet the terms and conditions of this Agreement;

• fulfil the Buyer’s order if the payment from the Buyer is received;

• transfer the Product to the Buyer in accordance with the sample selected on the relevant page of the Website www.c-x-e-m-a.com, placed Order, and the terms of this Agreement; and

• check the quality and quantity parameters of the Product when packed at the warehouse;

• in the case purchase a ticket for the Event through the Website www.c-x-e-m-a.com by Buyer, to give the right (access) to visit Event.

4.2. The Seller may:

• unilaterally suspend the provision of services hereunder if the Buyer breaches the terms of this Agreement.

5. BUYER’S RIGHTS AND OBLIGATIONS

5.1. The Buyer shall:

• fill out all required personal data for ordering, including their Country, City surname, name, and patronymic, electronic mail, Branch of Nova Poshta or Ukrposhta (for international shipments), and contact telephone number; 

• timely pay for and receive the ordered item on the terms of this Agreement;

• review the Product information as posted on the Seller’s website.

5.2. Buying and getting electronic event ticket, Buyer automatically agrees to comply with all rules and instructions, used in place of the event:

• The ticket acquired can not be refunded and exchanged.

• Organizers will recover the ticket price only if the event is cancelled. Detention of the event or transfer of event date is not a reason to refund the ticket.

• Entrance to the event is allowed to people over sixteen years old. Administration of the event holds the right to ask ticket owners to show the original passport or driver’s license to prove age, 16 or older. In case the conditions are not met, organizers hold the right to refuse entrance to the event without refunding the ticket price. Exceptions are daytime events, which allowed for visits to people over sixteen years old and to people under sixteen years old, but accompanied by adults if so specified in daytime event rules.

• Organizers are not responsible for fake tickets, fake tickets price is not recovered.

• The owner of the electronic ticket must prevent cases of copying or unauthorized access to information that is printed on the ticket because the right of passage is the one who first presented the ticket during the controlprocedure.

• Purchasing your ticket automatically implies that you agree on superficial examination.

• The reasons for denial or revocation entrance ticket without refund may be:

• being drunk or drugged;

• aggressive and disruptive behavior;

• public incitement of hate, discrimination and violence for reasons of nationality, ethnic origin, sex, religion, beliefs or opinions, disability, sexual orientation, gender or any other personal or social circumstances;

• Customers who violate the order and do not fulfill the requirements of organizers will be forced to leave the event without refund of the ticket.

• Entrance to the event with professional photo and video equipment (including analog cameras) is allowed only to previously accredited media representatives.

• Buying the ticket means the owner’s automatic consent for all kinds of photo and video documentation and public display of these materials without any additional approval.

• It is strictly prohibited to bring to the event liquor, alcoholic products and non-alcoholic drinks, drugs, weapons, gas cylinders, explosives, ammunition items. Smoking is allowed only in special areas.es, ammunition items. Smoking is allowed only in special areas.

5.3. The Buyer may:

• make an order on the appropriate page of the Website www.c-x-e-m-a.com;

• require that the Seller meets the terms and conditions of this Agreement.

6. ORDERING PROCEDURE

6.1. The Buyer shall independently make an Order on the relevant page of the Website www.c-x-e-m-a.comby adding the Products to the virtual basket by way of clicking on the button BUY.

6.2. The Buyer will receive a confirmation email shortly after placing an order which confirms that the Buyer’s order will be processed. 

7. PRICE OF THE AGREEMENT AND PAYMENT PROCEDURE

7.1. The price of each specific Product shall be set by the Seller and indicated in the relevant page of the Website www.c-x-e-m-a.com. The price of the Agreement shall be identified by adding the prices of all selected Products, placed into the virtual basket.

7.2. The Order price may vary subject to product price, quantity, or range.

7.3. The Buyer pays for the goods online by credit card (VISA or MasterCard) and may be subject to payment service provider fees. The bank is responsible for keeping records and security of your personal data. A transaction is considered to be made upon crediting of funds in the amount of the goods’ price to the seller's account. The Seller's obligation to fulfill the terms of this Agreement arises after full payment of the value of the Product s ordered.

7.4. The seller maintains an online catalogue of the goods and has the right to change the information on the website (description of the goods, prices, etc.) at any time without additional notice to the third parties or customers. The seller may not apply any changes to the information about the goods after the customer has placed and order and made payment. If the goods chosen from the website and paid by Buyer are unavailable, the seller notifies the customer, which may choose other goods (through additional payment or partial refund) or receive a full refund from the seller.

8. PRODUCT DELIVERY TERMS

8.1. The Buyer shall receive the electronic event ticket by way of its sent to the email address specified by Buyer in order, during one 1 working day from the date of made the order by Buyer. However, the Seller is not responsible for not receiving the electronic event ticket by Buyer, if the e-mail address is incorrectly specified by Buyer in order. 

8.2 All other Products, except the electronic event ticket specified in item 8.1. of this Agreement, the Buyer shall receive by way of its delivery that is provided Delivery Services “Nova Poshta” LLC or USEP “Ukrposhta” (hereinafter, the “Carriers”). The payment and receipt procedures are posted on the relevant page of the Website www.c-x-e-m-a.com.

8.3. Shipping within Ukraine is carried out by “Nova Poshta” LLC, international shipments are carried out by USEP “Ukrposhta”.The seller provides Products to the carrier (Nova Poshta” LLC or USEP “Ukrposhta”) within three business days from the date of receipt of payment subject to their availability.Estimated delivery time within Ukraine is 1 to 5 business days, international delivery time varies depending on the customer’s region, approximately from 10 to 25 working days.

8.4. If delivery is made by the Carriers, the Buyer shall fully and irrevocably agree with such Carriers’ Shipping Rules.

8.5. The Buyer shall confirm the receipt of the product and no claims with respect to the quality of the product delivered by the Carriers with its signature on the waybill, Carrier’s declaration, or issue slip when receiving the product. In its turn, the Seller warrants the product shipment to the Carrier of such quantity as specified and paid by the Buyer, in a package according to such product specification, and in the appropriate (operable) condition and of appropriate quality.

8.6. In the event that the Buyer is absent at the delivery address specified by the Buyer in the order or the Buyer refuses to accept the Product without valid reasons, if the product is delivered by Carrier’s deliveryman, such product shall be returned to the shipping sales center.

8.7 The Carrier’s services shall be paid at the Buyer’s own cost.Payment for delivery within Ukraine is carried out by the Buyer upon receipt. Payment for international delivery is carried out on the website according to the USEP “Ukrposhta” rates.

9. CONDITIONS OF PRODUCT’S RETURN 

9.1. The electronic event ticket can not be refunded and exchanged.

9.2. Upon receipt of the Products at the warehouse of the carrier, the Buyer is obliged to check the external integrity of the package, after which open it and directly check the proper external condition of the Products (absence of mechanical damages) and its completeness.

9.3. In the case of at least one of the above defects, the Buyer is obliged to fix it in a written act of any form. The deed must be signed by the Buyer and the person who delivered the Products. Where possible, the defects should be fixed by means of photo or video.Within 1 (one) day, the Buyer is obliged to inform the manager (representative of the Seller responsible for placing the order for the Products) of the defects found and agree to replace the Goods.

9.4. The Parties have agreed that in case of non-compliance with the required requirements of the said procedure, the Buyer shall receive the Products in proper condition - without any mechanical damages and in full completeness.

9.5. ​​If product appears to be of the wrong size or poor quality as a result of manufacturing defect, the Buyer has the right to return it or exchange it for a similar product of fine quality, if one is stock available. Exchange demands are satisfied within 14 business days period since the delivery date. 

9.6. The product must be in the state in which it was purchased: in the original packaging towards with the purchase documents. The product must be free of use.

9.7. The Buyer is obliged to provide a photocopy of the identity card in accordance with the legislation of Ukraine together with the form for the return of the Products. To return the money by transferring to a bank card, you must enter the registration number of the taxpayer's accounting card.

9.8. The warranty period for goods meets the requirements of the legislation of Ukraine.

9.9. The Seller is not responsible for the defects of the Product and the right to refuse the goods does not apply if the goods have mechanical damages, which were not declared to the carrier upon receipt of the parcel.

9.10. According to the Law of Ukraine “On Consumer Rights Protection” (Revision from 01/01/2019, base 2628-VIII), Article 13. Consumer right in the case of a distance contract: goods of the appropriate quality made under an individual can not be refunded and exchanged. The Seller is not responsible for the correspondence of the sizes of the goods to the specified by Buyer in the order. In order to avoid possible errors when specifying dimensions by the Buyer - it is meant to provide the necessary data in standard units (cm - centimeters).

10. LIABILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES

10.1. The Parties shall be liable for nonperformance or improper performance under this Agreement as detailed in this Agreement and applicable Ukrainian legislation.

10.2. If any disputes over performance by the Parties under this Agreement other than disputes related to the collection of Buyer’s debt arise, the Parties undertake to settle them by way of negotiations and using the complaint procedure. The period for reviewing a complaint shall be seven (7) calendar days from the date of its receipt. With respect to disputes related to the collection of Buyer’s debt, no complaint procedure needs are followed.

10.3. All disputes, differences, or claims arising out or in connection with this Agreement, including with respect to its performance, breach, termination, or invalidity, shall be settled through the appropriate court in accordance with Ukrainian substantive and procedural law.

11. FORCE MAJEURE CIRCUMSTANCES

11.1. The Parties shall not be liable for nonperformance of any of its obligations, other than payment obligations if they prove that such nonperformance results from the force majeure circumstances, that s, any events or circumstances that are actually beyond such Party’s control, occur after making this Agreement, and are of unforeseen and unpreventable nature.The force majeure circumstances shall include, but shall not be limited to, acts of God, strikes, fires, floods, explosions, frosting, wars (both declared and undeclared), insurrections, perishing of goods, carrier delays caused by accidents or unfavorable weather conditions, perils of the sea, embargos, accidents, and restrictions imposed by government authorities (including distribution, priorities, official requirements, quotas, and price control), if such circumstances directly affect the performance under this Agreement.

11.2. The Party, which becomes prevented from performing its obligations hereunder due to occurrence of the force majeure circumstances, shall promptly notify the other party in writing about the occurrence of the aforesaid circumstances and, within thirty (30) calendar days, provide the other Party with confirmation of the force majeure circumstances. Information letter, certificate, or other appropriate documents to be issued by the competent government authority, located where the force majeure circumstances occurred, shall be such confirmation.

11.3. The time needed for the Parties to perform their obligations hereunder shall be extended by any period in which their performance was suspended because of the above listed circumstances.

11.4. If due to operation of the insuperable force circumstances, nonperformance of the obligations under this agreement continues for over three months, either Party may terminate this Agreement by giving notice in writing to the other Party.

Regardless of force majeure occurrence, before terminating this Agreement due to force majeure circumstances, the Parties shall make final settlements.

12. MISCELLANEOUS PROVISIONS OF THE AGREEMENT

12.1. Product photographs, in particular, the color range of used materials and pattern accuracy, may slightly differ from their actual appearance.

12.2. The information provided by the Buyer shall be confidential. The Buyer information shall only be used for fulfilling their Order (sending a Product ordering notice to the Seller, mailing advertisement materials, etc.).

12.3. By their acceptance of the Agreement or acceptance of the privacy and cookie poliсy available on the Website www.c-x-e-m-a.com, the Buyer gives their voluntary consent to processing of their own personal data for the following purpose: data that become known will be used for commercial purposes, including for processing of product purchase orders, receiving order information, and sending promotional and special offers, campaign and prize drawing information, or any other information about activities of the Website www.c-x-e-m-a.com through telecommunications (electronic mail; mobile communication). For the purposes of this clause, letters, notices and materials may be sent to the Buyer’s mailing address and e-mail, and SMS messages may be sent and calls made to the telephone number specified in the form.

12.4. The Buyer shall authorize the processing of their personal data, including personal data placement in databases (without any further notice) and permanent storage, accumulation, update, and modification of the data (on an as-needed basis). The Seller undertakes to ensure the protection of the data against unauthorized access by third parties and not to disseminate or transmit the data any third party (except for data transmission to related parties, commercial affiliates, and persons authorized by the Seller to directly process the data for the said purposes and on mandatory request of a competent government authority).

12.5. If they do not wish to receive the mailings, the Buyer may contact the Seller by writing an application refusing the receipt of advertisement materials and sending the same to the mailing or electronic address.

12.6. The Seller shall not be liable for the content and accuracy of the information provided by the Buyer as they make their order. The Buyer shall be liable for the accuracy of the information provided when they make the order.

Terms of service

Privacy and Use of Cookies Policy

GENERAL PROVISIONS

Individual business Olha Shliakhtych, who manages the website www.c-x-e-m-a.com, (hereinafter, the “IB”), understanding the importance of ensuring the privacy and inviolability of individuals’ Personal Data, enters with you (the “Participant”) into the Privacy Agreement (the “Agreement”) setting the procedure for obtaining, storing, processing, using, and disclosing by the IB of the Participant’s Personal Data as the Participant uses the Services of the IB and the Internet site https://www.c-x-e-m-a.com (the “Website”).To use the Website and the Services, the Participant is required to accept the conditions of this Agreement. The Participant may not use the Website and the services offered on the Website (“Services”) if they disagree with the terms and conditions hereof.

TERMS AND DEFINITIONS

Personal Data means information about specific Participant that enables to identify such Participant as personality.

Public Data means information (including Personal Data) to which an individual, the owner of such data, has given access for general public (including by posting on any website without restriction of access to such data) or to which, in accordance with this Agreement and/or applicable Ukrainian legislation, no privacy requirement applies.

Cookie means a piece of data created by the Website and stored in the Participant’s computer as one or more files. Cookies contain no Personal Data and may be blocked by the Participant at any time. 

Services means any sale and purchase offers posted on the Website that are provided by the IB and used by Participants in the manner and subject to the conditions set forth in the Public Offer of such services.

1. Subject of the Agreement

1.1. This Agreement sets the procedure for obtaining, storing, processing, using, and disclosing the Personal Data, Public Data, and other data that the Participant gives to the IB while using the Website and the Services.

1.2. By using any part of the Website and the Service, the Participant grants to the IB the right to obtain, store, process, use, and disclose the Participant’s Personal Data subject to the conditions of this Agreement.

1.3. This Agreement does not govern, and the IB is not responsible for, the procedure for obtaining, storing, processing, using, and disclosing the Participant’s Personal Data by third-party enterprises or organizations, which are not owned or managed by the IB, or any individuals, who are not IB employees, even if the Participant gains access to such persons’ websites, software, goods, or services by using the Website.

1.4. The purpose of obtaining, storing, processing, and using the Participant’s Personal Data, Public Data, and other data is to protect the Participant’s and Website’s interests and provide the Participant with the Services, including the display of targeted, personalized, or general information and improvement of the existing and creation of new websites and services that are rendered by the Website.

2. Information Receipt, Processing and Use

2.1. As they create an order for Services on the Website, the Participant shall specify their name, surname, e-mail address, country of residence, city of residence, contact telephone number, electronic address, and other data. Once the order is created on the Website, the IB can identify the Participant each time they use the Website.

2.2. The IB may load Cookies on Participant’s computers (unless Participant restricts such possibility in their web browser independently) and obtain, store, process, and use the information contained in a Cookie. The following cookie file types are used on the Website:

2.2.1. Critical cookies. Those are files required for correct Website operation and to meet the terms of this Agreement. Such cookies include, for instance, files that enable to view protected pages of our website and use the shopping cart or electronic billing services.

2.2.2. Analytical/operating cookies. They enable to identify and calculate the number of visitors and analyze their website navigation. This helps improve the Website operation, for instance, make it easier for Participants to find desired information.

2.2.3. Functional cookies. Used to identify the Participants when the Participants re-visit the Website.

2.2.4. Targeted cookies. Such cookie files record information about Participant’s visit to the Website, pages visited by the Participants, and links followed. Information about Participants’ choices and preferences are necessary for the Website and advertisement displayed thereon to better suit the Participants’ interests. For the same purpose, the IB may also share such data with third parties.

2.3. As the Participant uses the Website and the Website Services, the Website will automatically store, process, and use Participant’s data other than Personal Data, for instance, Participant’s IP address, Participant’s location data that may be obtained by using their IP address, technical specifications of the Participant’s computer, presence or absence of specific software in the Participant’s computer, such software’s settings, Cookies, and statistical information about Participant’s activity.

2.4. The IB may store Participant’s Personal Data, Public Data, and other data in such scope and for such periods as are necessary to fulfill the purpose described herein or for such periods as set by applicable Ukrainian legislation, standards of international law, or legislation of the Participant’s country of residence or stay, or until the Participant deletes such data.

3. Access to Information

3.1. The IB undertakes not to give Personal Data to third parties for commercial purposes without consent of the Participant who owns such data. Personal Data may only be transmitted to third parties:

1) after obtaining the consent of the Participant who owns such information;

2) if Personal Data must be transmitted to fulfill Participant’s order or request;

3) on reasonable requests from government authorities that are authorized to obtain such data; or

4) if, in the IB’s opinion, the Participant breaches the terms of this Agreement and/or other agreements and arrangements between the IB and the Participant.

3.2. The Participant shall authorize the IB to permit other companies, with whom the IB has made the appropriate agreements, to obtain, store, and process Participant’s data (except for Personal Data) such as Participant’s IP address, Cookies, and statistical information about Participant’s activity for improving any services rendered by such companies and advertisement information.

3.3. The Participant agrees that confidentiality of data communicated via the Internet is not guaranteed, and in the event that third parties obtain access to such data outside the area of communication facilities under the IB’s control, the IB shall not be liable for any damages so caused.

3.4. The Participant may request for, modify, or delete their Personal Data that are available to the IB. For that purpose, the Participant shall make the appropriate demand by mailing it to the IB’s contact address shown on the Website, unless the Website’s functionality provides for no other independent way of Personal Data request, modification, or deletion.

3.5. Some Website services envisage making and/or receiving payments by the Participant using third-party payment systems that are not under IB’s control and have their own terms of use and privacy policy.

4. Supplementary Conditions

4.1. The IB may amend this Privacy Agreement. All Agreement amendments shall be available as a restated Agreement. All Agreement amendments shall become effective upon their publication. By using the Services or the Website, the Participant confirms their consent to the new terms of the Agreement as in effect when the Participant uses the Services and/or the Website.

4.2. The IB shall not be liable for loss or damage incurred by the Participant or third parties as a result of erroneous understanding or misunderstanding of the terms of this Agreement, instructions, or directions related to Website use procedure, data posting procedure, and other technical matters.

4.3. If any part of this Agreement is found invalid or unenforceable, the other parts hereof shall remain effective. Waiver by either party of any provision or condition of this Agreement or any breach thereof shall not invalidate such provision or condition.

4.4. This Agreement and relations between the IB and the Participant that arise in connection with Website use shall be government by Ukrainian legislation. Each party irrevocably agrees that competent Ukrainian courts shall have exclusive jurisdiction over any claims, disputes, or differences relating to the Agreement and Website use.5. Personal Data Subject’s RightsThe IB hereby advises that the Participant, as a personal data subject, shall have the rights as contemplated in the Law of Ukraine “On Personal Data Protection, in particular, to:

1) know the sources of collection and location of their personal data, the purpose of their processing, the location or place of residence/stay of the personal data holder or controller or give the appropriate instructions for their authorized persons to obtain such information except as prescribed by law;

2) obtain information about the terms of access to their personal data, in particular, information about any third parties to whom its personal data are transmitted;

3) obtain, no later than in thirty days from the day their request is received, except as otherwise provided by law, an answer whether their personal data are processed and obtain the content of such personal data;

4) make a reasonable demand to personal data holder objecting against their personal data processing;

5) make a reasonable request for modification or deletion of their personal data by any personal data holder and controller if such data are processed illegally or are inaccurate;

6) protection of their personal data from illegal processing and accidental loss, destruction, or damage in connection with deliberate hiding, non-provision, or untimely provision and to protection against provision of information that is inaccurate or denigrates individual’s honor, dignity, and business reputation;

7) file complaints against processing of their personal data with the Designated Officer or court;

8) use legal remedies if personal data protection laws are violated;

9) make reservations limiting the right for processing their personal data while giving their consent;

10) revoke their personal data processing consent;

11) know the automated personal data processing mechanism; and

12) protection against automated decision that has legal consequences for them.

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