Offer contract

Terms and conditions of use of the service

1. General provisions

1.1. The Terms of Use (hereinafter referred to as "the Rules") set out the order of legal relations between LLC "Blacked". and the User of the Services (hereinafter referred to as "the Customer"), determine the rights and obligations of the parties, the procedure and conditions for using the services provided by the Contractor, the issues of personal data protection, the liability of the parties, as well as other issues not regulated by the Agreement and / or the current legislation .

1.2. These Rules are a public contract and a public offer in accordance with Articles 63, 641 of the Civil Code of Ukraine, their conditions being the same for all consumers.

1.3. The Client's actions taken by him for registration on the site https: // fresh.black (hereinafter - the Site), and the continued use of the Service of the Performer is the full and unconditional acceptance of these Rules and Requirements.

1.4. At the request of the Customer and / or in cases established by the Contractor, a paper Service Agreement is concluded between the parties. The Rules form an integral part of this Agreement. The provisions of these Rules are not exhaustive and may be supplemented by those of the Treaty and its other integral parts. In the event of any conflict between the provisions of the Treaty and these Rules, the provisions of the Treaty shall apply.

1.5. The Contractor has the right to make changes and / or additions to these Rules, which are brought to the attention of the Customers not less than 10 (ten) calendar days before the date of their entry into force, in one of the ways: by e-mail, via personal account or by posting information on your site.

1.6. The rules apply to all customers without exception, regardless of time of registration, type of services received or other circumstances.

1.7. The relations between the Parties are governed by these Rules, as well as by the rules of the current legislation of Ukraine concerning the relations between the Parties.

2. Terminology

2.1. The Website is the Artist's website, hosted on the Internet at: https: // fresh.black

2.2. Client - individuals and / or legal entities that use the site to purchase certain goods.

2.3. Site Administration - a person authorized by the Contractor to perform the site management and other activities related to the use of the Site.

2.4. Personal Data - information or a set of information about an individual that is identified or can be specifically identified.

2.5. Owner of personal data - an individual or legal entity that determines the purpose of processing personal data, the composition of this data and the procedure for processing it, unless otherwise specified by law. The owner of the personal data in understanding these legal relationships is the Customer.

2.6. The consent of the data subject is the voluntary will of the natural or legal person (subject to his / her knowledge) to grant permission to process his / her personal data in accordance with the formulated purpose of their processing, revealed in the form of confirmation of registration on the Site.

2.7. Personal Data Controller - a natural or legal person who, by the owner of personal data or by law, is entitled to process this data on behalf of the owner.

The executor of personal data in the understanding of these legal relationships is the Contractor, on behalf of the Customer, performs processing of personal data of users for the purpose and only to the extent necessary for the provision of services.

2.8. The data subject is a natural or legal person whose personal data is processed.

2.9. Confidential Personally Identifiable Information - Personal information with restricted access that is attributed to an individual or legal entity or law by such information.

2.10. Web service is a software and hardware complex of the Contractor, which allows the Customer to self-register, send messages, track their status and control their troubles.

2.11. Login - the login email used is the Customer, which the Customer specifies when registering on the site of the Contractor https: // fresh.black, and which is subsequently used to identify the Customer in the System.

2.12. Password is a sequence of characters known only to the Customer, stored on the Site in encrypted form and used to identify the Customer in the System.

2.13. Cookies are small identification files that are downloaded to the Customer terminal equipment (such as a computer or smartphone) when the Customer accesses the Artist site. This allows the Contractor site to further identify the device used by the Customer and to store some information about the Client's preferences or its past actions.

2.14. Terms not specified in this section are used in the text of these Rules as meaning in accordance with applicable Ukrainian law.

3. Rights and Obligations of the Parties

3.1. The Contractor shall:

3.1.1. Provide the Customer with the Service in accordance with the terms of these Rules

3.1.2. To enable the Customer to formulate an invoice with the System to pay for goods / services in accordance with the applicable prices indicated on the Contractor's website at: https: // fresh.black

3.1.3. Upon receipt from the Customer into the Contractor's account of funds for goods / services, within the next working time, but not later than within 2 (two) banking days, to provide the Customer with the goods / services.

3.1.4. To protect the personal data of the Customer and users who became aware of him during the provision of services.

3.1.7. The Contractor shall not be liable and shall not reimburse the cost for the lost profit of the Customer in the temporary blocking of the Client's account, which occurred as a result of repeated (10 or more times) incorrect entering by the Customer of his password for access to the System.

3.2. The customer is obliged to:

3.2.1. When registering on the Contractor's website, the Customer is obliged to indicate the mobile phone number as the primary means of communication (hereinafter referred to as the "Basic Communication Tool"), to which the Contractor will subsequently send information messages regarding the provision of services in accordance with these Rules ( such as notification of order status, notification of changes in service, etc.).

The Customer undertakes not to register more than one account, except as agreed with and authorized by the Site Administration. It is also forbidden to sign up for a duplicate of an existing account.

In case of unauthorized multi-registration, all accounts related to such registration will be immediately blocked by the Contractor without any penalties being applied to the Contractor.

3.2.2. Ensure the continued functioning of the Primary Communication Facility and, within 3 (three) calendar days of changing such telephone number, notify the Contractor by email ______________________________

In the event that access to a telephone number is the primary means of communication, access to such an account is not possible.

3.2.3. The Customer undertakes to pay in full for the Products / Services provided to him by the Contractor, as well as to individually familiarize himself with the information about the terms of service and prices on the Contractor Site.

3.2.4. Customer agrees to the use of the Cookies by the Artist Site. The Customer has the right to refuse the use of Cookies, but upon further use of the Artist Site, the Customer automatically agrees to the use of Cookies.

3.2.5. The Customer agrees to receive from the Performer of Service-Related Messages by email and / or via Short Message Service (SMS) and / or Viber Messages.

3.3. The Contractor shall have the right to:

3.3.1. To check the specified data, which is indicated by the Customer when choosing the method of delivery, for compliance of the given data with the real.

3.3.2. To terminate the provision of the Services to the Customer in case the Customer fails to comply with the conditions stipulated by these Rules.

3.3.3. Receive payment for goods / services in accordance with the terms of these Rules.

3.3.4. Suspend the provision of services without penalty to the Contractor for the period of routine or unscheduled maintenance of the Contractor's equipment used to provide the services. The Contractor shall notify the Customer thereof by means of the Basic Communication Facility or by posting the relevant information on the Contractor Site 3 (three) calendar days before the scheduled maintenance of the equipment; such notice must include start and end dates for service.

3.3.5. The Artist reserves the right from time to time to make changes to the cookies policy without notice.

3.3.6. The Contractor is not responsible for the content of external websites.

3.3.7. The Contractor shall have the right, without applying to the Customer penalties, to block the Client's access to the System if the latter uses a non-owned telephone number.

3.3.8. In case the Contractor receives information that the Customer:

- does not adhere to the Terms of Service established by the Contractor;

- attempt to damage the reputation of the Contractor Company, its partners and / or Services;

- if the Customer's account reveals actions that may (or have already) caused a malfunction of the system as a whole or part of it;

The Contractor, without applying to the Customer penalties and without warning the Customer, blocks his access to the account. Access to the Client's account may be restored by the Contractor after verification and elimination by the Customer of detected violations in the use of the Service, as well as after the written notification of the Customer about the elimination of these violations.

3.3.9. The Contractor reserves the right without prior notice to the Customer to pack the goods in packaging different in color from what is specified in the order, the one that is available at the time of order fulfillment.

3.4. The customer has the right to:

3.4.1. To receive goods / services from the Contractor in accordance with the terms of these Rules.

3.4.2. Through the Contractor's website: https: // fresh.black to receive information about the status of each order.

The Customer has the opportunity to track statistics of the goods / services received in the personal account on the Contractor's website.

3.4.3. Unilaterally refuse to use the web service.

3.4.4. Contact the Contractor with complaints and suggestions for improving the quality of the goods / services provided.

4. Cost of goods / services and procedure for payment

4.1. The Customer pays for the goods / services according to the prices posted on the Artist's Site.

4.2. Payment for services is made by the Customer on the terms of prepayment, by transferring funds to the Contractor's current account on the basis of invoices independently created by the Customer through the Web service. The processing of the order occurs after the funds have been deposited into the Contractor's settlement account.

4.3. The Contractor reserves the right to make changes to the pricing policy with the further publication of new prices on the Site.

4.4. Payment for goods / services is made through payment systems only by authorized users who have pre-registered and authorized the service.

5. The responsibility of the Parties and the procedure for resolving disputes

5.1. The Customer is solely responsible for all actions (as well as their consequences) in the use of the System under the Client's account, including cases of voluntary transfer of data by the Customer for access to the account to third parties under any conditions (including under contracts or agreements). In this case, all actions within the use of the System under the Customer's account are considered to have been made by the Customer himself.

5.2. The customer is solely responsible for the security of the password he has chosen and also ensures that his password is kept and confidential.

5.3. The Customer is solely responsible for non-compliance with the requirements of these Rules and legislation of Ukraine.

5.4. Claims of the Customer concerning the goods / services shall be accepted by the Contractor for consideration electronically, which shall be sent by the Customer to the Contractor's email _______________________ within 3 (three) working days from the day of the disputed situation. The term of consideration of the Customer's claims is no more than 15 (fifteen) working days. The Contractor shall not be liable or compensate for the lost profit of the Customer under any circumstances.

5.5. In case of delay of payment by the Customer of the goods / services provided by the Contractor (if the Services provided were not prepaid by the Customer), the order is removed from the system.

5.6. The Contractor shall have the right to block the Client's access to the Site, the System and / or their parts, in case the Client breaches the conditions stipulated by these Rules and / or norms of the current legislation of Ukraine.

5.7. If the violation referred to in paragraph 5.6. of these Rules, will be confirmed, the Contractor has the right of his choice:

- to terminate the provision of services to the Customer without the possibility of their renewal;

- to restore the previously restricted access to the provision of services to the Customer after the settlement of the relations through direct negotiations, obtaining his written explanations, elimination of violations and their consequences by the Customer, and, if necessary, compensation for the damage caused by the Customer.

5.8. If the information about the facts of the violations defined in paragraph 5.6. these Rules are not confirmed, the Contractor shall immediately resume the provision of access to the Customer Service.

5.9. In case the Customer violates the terms of these Rules and / or requirements of the current legislation of Ukraine and / or international law, the Customer shall be independently and fully responsible to the Contractor and / or third parties for their actions related to the use of the System, including if such actions will violate the rights and legitimate interests of the Contractor and / or third parties.

5.10. All disputes and differences between the Parties shall be negotiated. In the event of a lack of agreement in the course of the negotiations, or if one of the parties evades the negotiations, the disputes shall be settled by the court in accordance with the current legislation of Ukraine.

5.11. The administration of the site is not responsible for all consequences arising from the fault of the Customer.

6. Terms of use of personal data

6.1. By agreeing to the terms of these Rules, the Customer agrees to the use and automated processing of data, both personal and identifiable, as well as the personal data of the entities whose personal data is transmitted / communicated in the course of fulfilling their obligations in accordance with these The rules, through their collection, receipt, systematization, accumulation, storage, refinement, use, impersonation, blocking, deletion, destruction, and any other activities related to the processing of the relevant data, as well as to their transmission to third parties, something it does not contradict the legislation of Ukraine, including the Law of Ukraine "On Personal Data Protection".

6.2. The Parties also acknowledge and warrant that each Party is aware of the rights of the data subject provided for in the Privacy Policy and Article 8 of the Law of Ukraine "On Personal Data Protection" No. 2297-VI on June 1, 2010 (as amended) undertake to comply with all requirements of the applicable legislation on the protection of personal data.

7. Privacy

7.1. The Parties fulfill their obligations under these Rules, on the condition of the guaranteed confidentiality of the information made available to the Parties in connection with the conclusion, execution and termination of legal relations between the parties under these Rules.

Confidential information is all information relating to these Rules and their operations, as well as information to which the Parties take measures to protect its confidentiality.

7.2. The Parties undertake to keep confidential, not to pass on to third parties, except in cases stipulated by the current legislation of Ukraine, and not to use inappropriately information, which they became aware in the course of legal relations, the unauthorized dissemination of which may harm any of the Parties.

7.3. The parties are responsible in accordance with the current legislation of Ukraine for non-compliance or improper fulfillment of the conditions of clause 8.2. of these Rules. Should one of the Parties disclose confidential information about the other Party causing the other party to suffer damage, the Party guilty of disclosure of confidential information shall be obliged to compensate the injured Party for all documented losses incurred as a result of disclosure of confidential information, when the disclosure of confidential information has been conditioned by the rules of the current legislation of Ukraine and / or in the process of judicial or other legal protection of their rights and interests.

7.4. In compliance with the terms of these Rules, the Parties undertake to fully support one another in protecting their interests against fraudulent acts by third parties.

8. Effect of circumstances of force majeure

8.1. Neither party shall be liable for violations of the Rules, if this was the result of circumstances of force majeure, including but not limited to: hostile attacks, blockades, hostilities, riots, unlawful acts of third parties, fires, explosions, prolonged interruptions in transport operations, state / local government, export / import bans (restrictions), etc., as well as circumstances caused by exceptional weather and natural disasters, in particular: epidemic, cyclone, hurricane, tornado, floods, earthquakes, drought, etc. etc., as well as other circumstances beyond the control of the Parties that could not have been foreseen and taken into account by the Parties (hereinafter referred to as "force majeure").

8.2. A Party under force majeure shall notify their occurrence to the other Party within 3 (three) calendar days of such force majeure occurring through the Primary Communication Facility and / or the other party's email address.

8.3. Appropriate documentary evidence of force majeure circumstances is the relevant document (certificate) of the Chamber of Commerce and Industry of Ukraine or other body authorized to issue the relevant documentary evidence.

8.4. Upon expiry of the force majeure circumstances, the Party under the influence of such circumstances shall notify the other party of the termination of these circumstances within 3 (three) calendar days from the date of expiry of force majeure by means of the Basic Communication Facility and / or an email address and / or phone number.

8.5. In the event that the Parties do not agree on the term of force majeure, the Party referring to force majeure shall, at the request of the other Party, provide an appropriate document containing information on the duration of force majeure. This document shall be submitted by the Party referring to force majeure in the original within 30 (thirty) calendar days upon receipt of the relevant request from the other Party.

8.6. In case of violation of the requirements of PP. 8.2-8.5. of these Rules, a Party subject to force majeure shall be deprived of the right to invoke force majeure as a ground for exemption from liability for failure to fulfill its obligations under these Rules.

9. The period of validity of the legal relationship between the parties and the procedure for their termination

9.1. The legal relations between the parties are considered concluded and come into force from the moment of registration of the Customer on the Site and are valid for one calendar year from the date of conclusion. The legal relationship shall be renewed every one calendar year unless either party notifies the other Party of its intention to terminate the legal relationship not less than 30 (thirty) calendar days before the expiration date. Legal relations may also terminate for other reasons specified in these Rules.

9.2. The Contractor shall have the right to unilaterally terminate the contract with the Customer unilaterally in case of violation of the last terms of these Rules, as well as in case of unauthorized interference of the Customer in the System and / or improper use by the Customer of the System of the Contractor.

9.3. The legal relationship may be terminated unilaterally by either Party unilaterally by sending one written / electronic termination notice to the other Party not less than 15 (fifteen) calendar days before the date of termination.

9.4. Upon termination of the legal relationship, the Contractor shall keep in the System the personal data of the Customer and his database of personal data of the Clients for the next 1 (one) year. Upon expiration of 1 (one) year, the Contractor shall delete the personal data of the Customer, unless otherwise agreed by the Parties during the termination of the legal relationship. The destruction of the Customer's personal data in this case does not require prior or subsequent notification of the Customer.

9.5. The termination of the relationship shall not relieve the Parties of the obligation to perform, duly discharge their obligations under these Rules and complete repayment of the debt between them if they exist for the whole period prior to the date of termination of the relationship.

10. Other conditions

10.1. The procedure for the application of these Rules, their implementation, as well as any other issues not regulated by the Rules, shall be settled in accordance with the rules of the current legislation of Ukraine, in particular: the Constitution of Ukraine, the Law of Ukraine "On Protection of Personal Data", the Law of Ukraine "On Advertising" and in accordance with the rules international legal acts, the consent of which was provided by the Verkhovna Rada of Ukraine.

10.2. In the event that any terms or provisions of these Rules are declared invalid or illegal, all other terms and conditions of the Rules remain unchanged and have full legal force.

10.3. Nothing in the Rules may be construed as establishing between the Customer and the Contractor the agency relations, company relations, joint venture relations, personal employment relationships, or other relationships not expressly provided for in the Rules.

10.4. The Customer confirms that he is familiar with all the provisions of these Rules and unconditionally accepts them.

10.5. In the event of the Client's reluctance to continue the relationship with the Contractor under these Rules, the Customer shall notify the Contractor within 5 (five) calendar days from the date of notification on the Contractor's Site of the current version of the Rules. In this case, legal relations with the Customer are terminated, starting from the moment when the Customer notifies of the disagreement. In the absence of notification from the Customer of the disagreement with the new terms of service provision, it is considered that the Customer has fully agreed to the requirements of the new version of the Rules.

10.6. The provisions of these Rules are binding for all registered Customers.

10.6. When placing orders, you automatically accept all the rules of these provisions.