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Terms and Conditions

                                                1. GENERAL PROVISIONS

 

1.1. This document is an open offer (hereinafter referred to as the "Offer") of Lyudmila Borysivna Yovkhymishch, an individual entrepreneur, identification code - 2607409000 (hereinafter referred to as the "Executor"), which is addressed to an unspecified number of persons, to enter into a contract for the provision of services (hereinafter referred to as the "Agreement") on conditions set forth in this Offer.

1.2. According to Art. Art. 633, 638, 641 of the Civil Code of Ukraine, this Agreement is a public agreement, in the case of acceptance of the conditions set forth in the Offer (acceptance), any legally capable natural person, natural person-entrepreneur or legal entity becomes a customer under the Agreement (hereinafter - the "User" ) and undertakes to fulfill the terms of this Agreement. The Agreement is concluded by acceptance (acceptance) of the Offer by the User, in the order specified in clause 2.2. The Offers, the Contractor and the User are hereinafter referred to as "Parties", and each individually as a "Party".

1.3. The offer comes into force from the moment of its posting on the Internet at the link: https://theoriginals.com.ua/terms and is valid until the moment of its withdrawal by the Performer.

1.4. The Contractor reserves the right to make changes to the terms of the Offer (including the price and description of tariffs) and/or withdraw the Offer at any time at its discretion. In the event that the Contractor makes changes to the Offer, such changes shall take effect from the moment the changed text of the Offer is posted on the Internet at the address specified in clause 1.3. of this Agreement.

1.5. In this Offer, unless the context otherwise requires, the following terms have the following meanings:

1.5.1. Administration of the Site (Portal) – the Contractor and/or persons duly authorized by the Contractor to manage the Site and provide services to Users;

1.5.2. The author of the advertisement is any legally competent natural person who has accepted the terms of this Agreement and uses the services of the Contractor and publishes in the appropriate section of the Site an advertisement with information about goods for the purpose of, including, but not limited to, the further sale of various goods by Users;

1.5.3. Executor - Lyudmila Borysivna Yovkhymishch, an individual entrepreneur, identification code - 2607409000;

1.5.4. Additional services - "Advertisement" service and "Conformance guarantee" service;

1.5.5. Content - the results of protected intellectual activity that are posted on the Site, including, but not limited to: the name and description of product items, photos, product characteristics, advertising materials, reviews, Announcements, etc.;

1.5.6. Confidentiality of personal data is a mandatory requirement for compliance by the Recipient or another person who has been granted access to personal data, to prevent their distribution without the consent of the subject of personal data or the presence of another legal basis;

1.5.7. User – any legally competent natural person, natural person-entrepreneur or legal entity that has accepted the terms of this Offer and uses the services of the Contractor;

1.5.8. Account - the User's personal electronic account (account), which has a unique ID number in the functional system of the Site, with which the User using Additional Services manages his ads on the Site, as well as receives other services of the Contractor;

1.5.9. Advertisement for the sale of goods - a message with information about goods, which is posted by a User who uses the services of the Site, with the aim of further selling various goods to other Users;

1.5.10. Personal data is information or a set of information about a natural person who is identified or can be specifically identified with the help of such information;

1.5.11. The Buyer is a natural person, legal entity or natural person-entrepreneur who is a User, registered on the Site, and carries out the registration of Additional Services and the purchase of Goods through the Site;

1.5.12. The seller is an individual, legal entity or individual entrepreneur who is a User, registered on the Site, uses the services of the Contractor, and has access to the section of the Site in which he can publish information about himself (including contact information), about the offered goods , other information in accordance with the current legislation of Ukraine;

1.5.13. Registration - acceptance (acceptance) by the User of the Offer for the conclusion of the Contract, the procedure during which the User, by filling out the appropriate forms on the Site, provides the Contractor with the necessary information to use the Contractor's services. Registration is considered completed only if all its stages are successfully completed;

1.5.14. Placing an advertisement for the sale of goods is the User's action, which is expressed in the publication, activation of the Advertisement on the Site, as well as the change of the essential characteristics of the goods in the Advertisement, etc.;

1.5.15. The website - https://theoriginals.com.ua/ - an internet site, which is a communication platform for posting temporary ads, which is administered and provided by the Contractor;

1.5.16. Product – any tangible or intangible object offered for sale through the Site;

1.5.17. "Cookie files" are a small piece of data sent by the web server and stored on the user's computer, which the web client or web browser sends to the web server in an HTTP request every time when trying to open the page of the corresponding Site.

In the absence of an unambiguous interpretation of the terms in this Offer, the Parties will be guided by the interpretation of the terms used on the Site, as well as the current legislation of Ukraine.

1.6. The Contractor offers the User services for using the Site to search for and/or post information about goods for the purpose of, including, but not limited to, further purchase or sale of such goods to other Users, as well as additional services defined in Clause 2.1.1. of this Agreement.

1.7. All agreements for the purchase and sale of goods are concluded directly between Users (Sellers and Buyers). Thus, the Contractor is not a participant (party) of such transactions, but only provides a communication trading platform for placing Advertisements and Additional Services to its Users. The rights and obligations of Buyers and Sellers are determined by current legislation, in particular the Law of Ukraine "On Electronic Commerce", the Civil Code of Ukraine and the Law of Ukraine "On Protection of Consumer Rights".

 

2. SUBJECT OF THE OFFER

 

2.1. The subject of the Offer is the Contractor's provision of access to the Contractor's software products in the form of The Originals electronic marketplace, located on the Contractor's Website, which ensures the creation of the User's personal account (Account), placement and processing of information in such an Account (hereinafter referred to as "Access"), as well as provision of Additional Services to Users.

2.1.1. Additional services that may be provided by the Contractor to Users are:

2.1.1.1. Additional free services for Users who are Sellers (hereinafter referred to as the "Advertising Service"):

- the possibility of creating ads and displaying the User's product cards in certain categories and subcategories of products;

- interaction of the Administrator with feedback and complaints of users regarding the Author of advertisements and his goods using the Catalog;

- administration of Advertisements for the sale of the Customer's goods, including, but not limited to, creation of photographs of the Goods.

2.1.1.2. The conditions for ordering and providing such services are set out in clause 3. of this Agreement.

2.1.1.3. Additional paid services for Users who are Buyers (hereinafter referred to as the "Guarantee of Compliance" Service):

- a qualified assessment of the authenticity and originality of the Seller's Goods;

- ensuring the identity of the Goods - the Contractor guarantees that the Goods will not be changed from the moment of receipt for a qualified assessment to the moment of handing over the Goods for shipment to the Buyer, upon the conclusion of a sales contract between the Seller and the Buyer, by storage in the Contractor's warehouse;

- additional consultation of the Buyer regarding the brand, and/or regarding the Seller's goods, regarding the real market value of similar goods and the profitability of such a purchase;

- providing the Buyer with an additional photo and video recording of the product during the qualified evaluation of the Seller's Product;

  • organization of delivery of the Goods to the Buyer with the involvement of the carrier upon confirmation of the purchase between the Seller and the Buyer.
  • 2.1.1.4. The conditions for providing such are set out in clause 4. of this Agreement.
  • 2.2. Acceptance (the moment of full confirmation and unconditional acceptance) of the terms of the Offer is the moment of any User interaction on the Site (including, but not limited to: registration on the Site and/or actual use of The Originals electronic marketplace). To register, the User fills out a form with a valid email address, chooses a password, enters a phone number, and also fills in other data necessary for registration. After all the necessary information is filled in by the User, he enters the User's account and receives a registration letter to the e-mail address specified by him.
  • The fact of carrying out any interaction on the Site means that the User is familiar with, understands and accepts the terms of this Offer in full without reservations and limitations or exceptions.
  • The location of the Contractor shall be determined by the Parties as the place of conclusion of the Agreement.
  • 2.3. The user independently selects the Services, access to which and/or the services of which he intends to obtain or use.
  • 2.4. The Contractor has the right to engage third parties (subcontractors) to provide all or part of the Services to Users.
  • 2.5. If the User does not agree with the terms of the Offer, he does not have the right to accept the Agreement and does not have the right to use the services provided by the Contractor.
  • 2.6. The user uses the Site exclusively through the means of his own email address, as well as under the condition of registration through his own accounts in social networks. The User is fully responsible for maintaining the confidentiality of his Account (including login and password), as well as for all actions performed from his Account.
  • 2.7. The user has no right (not limited to the above) to transfer, sell, transfer for use his login and password for the purpose of accessing the Site and the "Advertising" or "Conformity Guarantee" service to third parties without the consent of the Contractor. In the case of transferring the login and password to any third party, the User is responsible for the actions of such a third party.
  • 2.8. The User may not use the password and Account of another User without the special permission and consent of the owner of this Account and/or password. The Contractor shall not be liable for any losses or damages arising as a result of the User's failure to fulfill these obligations.
  • 2.9. In case of breach of security or unauthorized use of the User's Account, as well as if the User has reason to suspect that his e-mail address and password used to log in to the Site have been disclosed or may be used by third parties, he must immediately notify the Contractor. and change data for entering the Site. The Contractor is not responsible for any damages caused by unauthorized use of the User's Account.
  • 2.10. By registering on the Site, the User agrees to receive informational messages to the e-mail address and/or mobile phone number specified during registration.

                                                                                               3. ADDITIONAL SERVICE "ADVERTISEMENT PLACEMENT"

 

3.1. The User has the right to order Additional services "Advertising" in compliance with the requirements of this Agreement and by leaving a request for such a service to the Contractor using the site's functionality in the appropriate section of the Site. By ordering the Additional Service, the User agrees, at the Contractor's request, to hand over the Goods to him for a qualified evaluation of the same within the scope of the Contractor's provision of the "Conformity Guarantee" service to other Users. Refusal to provide the Goods to the Contractor is a refusal to receive the Additional "Advertising" service. By ordering the Additional Service "Advertising", the User accepts the condition that if the Product has not been purchased by other Users within the term of providing the service and/or if the User has refused the service in accordance with clause 3.19. of this Agreement, the User is obliged to compensate the Contractor for the cost of the following accompanying services, namely: the cost of transportation, evaluation of the Goods, creation of photographic materials of the Goods for Advertising and storage of such Goods in the Contractor's warehouse.

3.2. The user who ordered the "Posting an ad" service can create and place an ad on the Site after registering and resolving the issue of obtaining accompanying services.

3.3. The User who orders the "Posting an Ad" service must, at the Contractor's request, hand over to the Contractor's representative or courier the Goods for which he is placing and/or intending to place the Advertisement in order for the Contractor to provide the "Conformity Guarantee" service to other Users.

3.4. Upon delivery of the Goods to the Contractor's representative or courier, within a few minutes from the moment of entering the last data into the program, the User's mobile number and/or e-mail address specified in the application receives a message confirming the receipt of the Goods, by changing the status of the application from "in processing" to "transferred to courier".

3.5. The parties agreed that until the evaluation of the authenticity and originality of the Goods, its estimated value, within which the Contractor is responsible for the preservation of the transferred goods, cannot exceed UAH 5,000. per unit The Parties also agreed that after conducting a qualified assessment of the authenticity and originality of the User's Goods, the Contractor's responsibility for the safety of the goods transferred to him is equal to the price of the goods recommended by the Contractor, but not more than UAH 50,000. per product unit, about which, upon evaluation, the User is notified by sending a corresponding letter to his e-mail address.

3.6. Due to the fact of carrying out a qualified assessment of the authenticity and originality of the User's Goods within the framework of providing the "Conformity Guarantee" service to other Users, the Contractor, in order to preserve his reputation in front of other Users, has the right to refuse the Contractor further provision of the "Advertising" service and to demand payment for the services actually provided (transportation and evaluation) in the part of the Goods that is not authentic and is a falsified product sample and/or is a fake. Goods that have passed inspection and evaluation are sent by the Contractor for storage at the Contractor's warehouse until demand. The return of the Goods that have not passed the evaluation of the authenticity and originality of the User's Goods is carried out only upon the fact of compensating the Contractor for all costs related to the provision of services (on the basis of checks and receipts provided by the Contractor and/or other documents confirming the reality of such costs) and payment of actually provided transportation and assessment services.

3.7. The User may additionally agree with the Executor to carry out dry cleaning and/or repairs of the Goods at the User's expense.

3.8. Upon passing the evaluation, the User gets the opportunity to place an advertisement for the evaluated goods on the site. At the same time, regarding the Goods that have passed the evaluation for the convenience of using the electronic marketplace for Users, the Program uses an automatic pricing algorithm based on determining the price of similar goods on the electronic marketplace. If the client does not want to use the automatic pricing algorithm, he must write to [email protected], indicating his registration data on the site, the name of the product, regarding which he expresses disagreement. In this case, the Contractor will apply manual pricing for the User.

3.9. During the posting of the Advertisement, the User is obliged to provide true, accurate and complete information on the issues proposed in the registration form or in other sections of the Site and to keep the provided information up-to-date. In the event that the Site Administration and/or other means detect inaccurate information posted by the User, the Site Administration has the right to suspend its posting and/or correct it in accordance with the explanations provided by the User, and/or suspend the provision of the "Advertisement Posting" service, subject to referral corresponding message to the User.

3.10. By placing an Advertisement on the Site, the User confirms that, in accordance with the current legislation of Ukraine, he has the right to sell the goods offered for sale in the Advertisement, and is independently responsible for the availability of supporting documents for such goods. The user undertakes to provide information in the Announcement in accordance with the provisions of this Offer and the Rules, as well as in accordance with the requirements of the current legislation of Ukraine.

3.11. The Contractor is not responsible for the content of the Announcements or hyperlinks to the resources specified in the description of the Users' Announcements.

3.12. The user is obliged to keep the information in the Advertisement up to date.

3.13. By using the "Posting ads" service, the User agrees that the Site Administration moderates posted Ads, correspondence with other Users, including buyers. The Contractor has the right to move, terminate or extend the period of demonstration of the User's goods for technical reasons that are under the control or beyond the control of the Contractor. The demonstration of ads can be stopped by the Contractor if the User is registered in violation of the terms of this Agreement or the current legislation of Ukraine.

3.14. The user is prohibited from:

3.14.1. Publish the same or similar in content Ads from the same email address;

3.14.2. Duplicate the same Ads from different e-mail addresses;

3.14.3. Publish an Advertisement in a section that does not correspond to the content of the Advertisement;

3.14.4. Post Ads whose titles contain punctuation marks and/or other repeating characters;

3.14.5. Publish Ads whose description and/or title/photos are not related to each other;

3.14.6. Publish an advertisement containing an offer for several products at the same time;

3.14.7. Insert links to resources that contain harmful elements or links to the main page of the Site in Ads;

3.14.8. Place Advertisements, if such placement may lead to a violation of the requirements of the current legislation of Ukraine;

3.14.9. It is forbidden to indicate the characteristics of the subject that do not correspond to the validity of the offer in the Advertisement. Including specifying a price that does not correspond to the actual sale price of the product. The price must be indicated in full for the entire product, in the national currency of Ukraine - hryvnias.

3.15. The user is prohibited from placing Advertisements in which the following are offered for sale:

3.15.1. alcohol;

3.15.2. cigarettes and tobacco products;

3.15.3. drugs;

3.15.4. pornographic materials or objects; images with partially or completely exposed intimate parts of the human body (with or without clothes); 18+ products that resemble intimate parts of the human body, as well as images of men/women who demonstrate the use of 18+ products; goods made in the shape of human genitals (candles, keychains, soap, etc.);

3.15.5. pharmacological products, medicines, narcotic substances and precursors;

3.15.6. stolen, illegally obtained goods;

3.15.7. objects that pose a danger to life and health;

3.15.8. non-existent goods;

3.15.9. human and animal organs;

3.15.10. special technical means for secretly obtaining information;

3.15.11. state awards; personal documents, as well as forms of these documents;

3.15.12. databases;

3.15.13. firearms, cold, traumatic weapons, as well as ammunition and accessories for them;

3.15.14. special means of active defense used by law enforcement agencies;

3.15.15. precious metals and precious stones are not in the product;

3.15.16. rare and prohibited animals for sale;

3.15.17. any other goods prohibited by current legislation.

3.16. The title of the Announcement must correspond to the text of the Announcement itself and must not contain contact or personal information about the User (phone number, email address, Internet resource address). The photo, which shows the product offered for sale by the User, is created by the Contractor as part of the provision of the "Advertising" service.

3.17. Before posting Ads, the Site Administration performs moderation.

3.18. The Site Administration has the right to:

- Make corrections to the text of the User's Announcement concerning spelling and punctuation that do not affect the general content of the Announcement;

- Transfer Ads to other sections of the Site in case of finding the most suitable section for their placement;

- Refuse to publish an Advertisement, if such an Advertisement does not correspond to the topic of the selected sections, or violates the terms of this Offer or the Rules;

- To limit the number of Ads from one User in order to facilitate the use of the Site;

- Remove Ads at the request of the right holder or competent state authorities. The Contractor also reserves the right to delete any Advertisements that, in his opinion, do not meet the terms of this Offer, the requirements of current legislation, as well as the principles and principles of public morality and/or in the event that the period for providing the "Posting Advertisements" service has come to an end (after 12 months from the moment of publication of the announcement).

3.19. The User may refuse to use the service at any time by notifying the Contractor or by deleting his Account in accordance with clause 12.1. of this Agreement. In this case, the User must pay for the actually provided services in accordance with Clause 5.3. of this Agreement. In the event that the Goods were sent to dry cleaning by agreement of the Parties, the User must compensate the Contractor's expenses on the basis of checks and receipts provided by the Contractor and/or other documents confirming the reality of such expenses. After receiving compensation and payment for the services actually provided, the Contractor returns the product to the User within 14 days, the delivery of the Product to the User is carried out at the expense of the User.

3.20. The Contractor may at any time refuse to provide and/or continue providing the "Advertising" service if the User has violated the terms of this Agreement and/or the requirements of the law and/or the Contractor suspects that the User has committed such violations, in which including, but not limited to, the use of the Contractor's services for the purpose of fraud.

  3.21. By ordering the Additional Service "Placement of Advertisements", the User agrees with the site's automatic algorithm that after 60 days the Goods will be gradually discounted from 5% to 15% every month from the initial cost for all items, bags and jewelry (valued above UAH 30,000) maximum the discount can be 30%) with the aim of accelerating the sale of Users' Goods. If the User is against using this algorithm, the User should write to [email protected].

3.22. The parties agreed that the Additional Service "Posting an Advertisement" is provided to the User within 12 months from the moment of publication of the Advertisement. If the Product has not been sold by the User through the marketplace after the expiration of the specified period, the services are considered to have been provided, and the product must be returned from storage, which the User is informed about by sending a letter to the e-mail address. If within 14 days from the moment of sending the message to the User, the User does not pick up the Goods, the Goods will be stored from the day following the last day of the deadline for the User to fulfill his obligation at the next tariff of UAH 500. day until the moment when the cost of storage exceeds or will be equal to the estimated value of such Goods, the Contractor has the right to dispose of such Goods at his own discretion, including crediting the cost of such goods against the payment of the User's debt.

3.23. The executor has the right to unilaterally extend the period of provision of services specified in Clause 2.22. of this Agreement, regarding the Goods, the sale of which is considered promising by the Contractor. In this case, the Contractor will not contact the User regarding the return of the Goods, and the services will be provided to the User until the moment one Party appeals to the other to terminate the provision of services. The extension of the validity period occurs automatically and does not require any active actions from the Parties. In the event that the User does not wish to extend the term of providing services for more than 12 months, he can write to the Contractor about this at [email protected].

3.24. By ordering the "Posting an ad" service, the User accepts and agrees that the "500 UAH for the first purchase" Promo is a mandatory condition for using the Contractor's Website when the User orders goods in the amount of UAH 2,500 or more. and is valid for all products, except products with a maximum discount.

                                                                                    4. ADDITIONAL SERVICE "GUARANTEE OF COMPLIANCE"

4.1. The parties agreed that the User's purchase on the Site is the conclusive action of the User on the order of the Additional service "Guarantee of Compliance". The moment of ordering the Additional Service "Guarantee of Conformity" is to create an order using the Site's functionality in the appropriate section for another User's product, the Advertisement of which is posted on the Site. Additionally, the service is paid and by default includes the services specified in clause 2.1.1.3. of this Agreement. The purchase of Goods using the Site is possible only in combination with the receipt of the Additional service "Guarantee of conformity" from the Contractor, in case of disagreement with the receipt of the service, the User's order for the Goods is cancelled.

4.2. The User who ordered the "Guarantee of Conformity" service authorizes the Contractor to carry out a qualified assessment of the authenticity and originality of the Product of the User who is the Seller of this Product. Taking into account the specifics of the evaluation of used goods, the Contractor informs, and the User confirms, that he is informed that the evaluation of the authenticity and originality of the Goods by the Contractor's specialist is subjective and consultative in nature and is based on professional skills and experience in each specific case relevant specialist in the field.

4.3. Within the framework of a qualified assessment of authenticity and originality, along with checking the Goods in terms of belonging to one or another brand, the Contractor performs an analysis of the condition of the item taking into account the characteristics of the materials from which the Goods are made, and checks tags and labels, checks the quality of the composition of the fabric and/or leather .

4.4. In addition, within the framework of the provision of the Additional Service "Guarantee of Conformity", the Contractor conducts research and analysis of the international market for the Product, and finds ERP. When making an assessment, both the seasonality of the Product and its relevance to modern fashion trends are taken into account.

4.5. Within the scope of the Additional Service "Guarantee of Conformity", the User has the right to receive full additional advice on the brand and/or on the ordered Goods, on the real market value of similar goods on the secondary market and the profitability of such a purchase, by contacting the Contractor through the Site functionality in the appropriate section or by calling number specified on the Site.

4.5. Within the scope of the consultation, the User is provided with a photo and/or video recording of the product in the quantity required by the User to understand the condition and quality of the ordered Product. At the User's request, the Product can be demonstrated to him from all sides in real time using video communication directly or on a mannequin.

4.6. Upon the creation of an order on the Site and until the payment of the goods to the Seller, the Goods are stored separately from other Goods in the Contractor's warehouse in order to ensure the identity of the Goods ordered by the Buyer, the Goods submitted for a qualified evaluation and declared in the Advertisement. Within the scope of this service, it is guaranteed that the Product has not been changed/replaced by the Seller or third parties and/or damaged since the evaluation.

4.7. The Contractor is informed of the fact of the conclusion of the sales contract between the Seller and the Buyer and the fact of payment for the Goods using the Site's functionality in the appropriate section. At the same time, the Site Administration has the right to use its own technical means, such as correspondence with Users, communication and others, to monitor and control the integrity of Users regarding the timely fulfillment of obligations to activate the status of the Goods as sold.

4.8. From the moment of establishing the fact of concluding a sales contract between the Seller and the Buyer, the Goods are packed and prepared for handover to the carrier and/or courier. The data provided by the User during the placing of the order are used by the Contractor for the purpose of organizing such delivery. The buyer can set specific wishes regarding delivery when placing an order on the Site.

4.8. The User may additionally agree with the Executor to carry out dry cleaning and/or repair of the purchased Goods, the cost and conditions of which are agreed upon by the Parties separately at the written request of the Buyer.

4.9. When placing an order, the User is obliged to provide true, accurate and complete information on the issues proposed in the registration form or in other sections of the Site and to keep the provided information up-to-date for the possibility of providing services to the full extent. In the event that the Site Administration and/or other means detect inaccurate information posted by the User, the Site Administration has the right to contact the User to clarify the data through the Site's functionality or directly.

4.10. The user, placing an order on the Site, confirms that in accordance with the current legislation of Ukraine, he has been informed that the Goods offered for sale in the Advertisements are used goods, and accepts responsibility for the consequences of making such a purchase. 

4.11. The User may refuse to use the service at any time by notifying the Contractor or deleting his Account in accordance with clause 12.1. agreements In this case, the User's order is canceled, and the services are considered not to have been provided and are not subject to payment.

4.12. The Contractor may at any time refuse to provide and/or continue to provide the "Guarantee of Compliance" service in the event that the User has violated the terms of this Agreement and/or the requirements of the law and/or the Contractor suspects such violations by the User, in that including, but not limited to, the use of the Contractor's services for the purpose of fraud.

 

5. PAYMENT PROCEDURE FOR ADDITIONAL SERVICES

 

5.1. The parties agreed that the "Guarantee of Conformity" service is provided in full and properly and is payable by the Buyer at the time of receipt of such Goods by the carrier or courier.

The amount of the cost of the Additional service "Guarantee of Conformity" depends on the price of the Goods purchased by the User, who is the Buyer, and is for the categories of Goods "bags", "watches", "jewelry":

The price of the purchased product The cost of the "Guarantee of compliance" service

UAH 100,000 + 20%

25,001 - 100,000 UAH 25%

10,001 - 25,000 UAH 35%

5,001 - 10,000 UAH 40%

2,001 - 5,000 UAH 45%

1 - 2,000 UAH 800 UAH

 

The cost of the Additional service "Guarantee of Conformity" for all other categories of Goods:

The price of the purchased product The cost of the "Guarantee of compliance" services

UAH 25,000 + 30%

10,001 - 25,000 UAH 35%

5,001 - 10,000 UAH 40%

2,001 - 5,000 UAH 45%

1 - 2,000 UAH 800 UAH

 

5.2. Payment for the provided service "Guarantee of Conformity" is made by the User who purchased the Product at the time of receipt of such product from the courier or carrier by means of Financial Institutions with which the Contractor has relevant contractual obligations.

  5.3. In the cases provided for in clause 3.1. of this Agreement, the User, who is a Seller, must pay for the actually provided accompanying services to the "Advertising" service at the following rates:

- The cost of services of transportation, qualified evaluation, warehouse storage, creation of photographic materials of the Goods, excluding bags and sneakers, the estimated value of which is UAH 10,000 or more - is UAH 300 per unit of the Goods;

- The cost of services of transportation, qualified evaluation, warehouse storage, creation of photo materials of Goods for bags and sneakers, the estimated cost of which is UAH 10,000 or more - is UAH 1,000 per product unit;

- The cost of transportation services, qualified evaluation, warehouse storage, creation of photo materials of Goods for exclusive bags, such as Hermes brand bags, jewelry brands, such as Cartier, wristwatches, such as Rolex - ranges from UAH 5,000 to UAH 15,000, depending on the exclusivity of the product and difficulties in the authentication process of these products.

5.4. Payment according to clause 5.3. of this Agreement is made by the User, who is the Seller, in cash or non-cash format to the details specified by the Contractor.

                                                                                                  6. INFORMATION PROVIDED BY THE USER

6.1. The collection of information is carried out by using the software tools of the Site regarding the relevant data specified by the User, necessary for using the Site.

6.2. Information of a technical nature contained in the system, for example, IP addresses, in accordance with the general rules of Internet messages, is used by the Contractor for purposes related to the maintenance of network equipment, as well as for the aggregation of general statistical, demographic information (for example, about the region , from which the connection was made by the User).

6.3. The Contractor stores the data of the User's last access to the system, in order to ensure the high quality of the services provided, which are adapted to the User's individual needs and interests.

6.4. The user accesses The Originals electronic marketplace during periods of continuous use - sessions. The Registered User accesses the part of the Site that is available only after entering their login and password at least once during the session.

6.5. Deactivating the function of saving the data of the last access to the system in the browser settings does not affect the ability to use The Originals electronic marketplace as a whole, but may limit its functionality for the User.

6.6. The data of the last access to the system are also used to collect statistical information about the use of services by Users.

6.7. The Contractor does not collect data on racial or ethnic origin, political, religious, worldview beliefs, membership in political parties and trade unions, as well as data related to the health or sex life of users, and is not responsible for the disclosure of such information by Users on the Site .

6.8. Surveys conducted from time to time by the Contractor may contain questions about demographic data of users (eg, education, age, income). The data collected by the Contractor using such surveys are processed in an anonymized form. Users have the option not to participate in surveys and refuse to provide information. The contractor uses demographic data for the purpose of preparing statistical reports and improving the quality of services.

6.9. The user is prohibited from providing information in violation of the terms of this Agreement or the rights of third parties, in particular, the information must not contain:

vulgar, offensive expressions;

propaganda of hatred, violence, discrimination, racism, xenophobia, international conflicts;

calls for violence and illegal actions;

data that violates personal rights or intellectual property rights of third parties;

information that contributes to fraud, deception or breach of trust;

information leading to transactions regarding stolen or counterfeit items;

information that violates or encroaches on the property of third parties, commercial secrets or the right to privacy;

personal or identifying information about other persons without the express consent of these persons;

information containing information that encroaches on privacy, offends someone's honor, dignity or calls into question business reputation;

information containing defamation or threats against anyone;

pornographic information;

information that harms minors;

false and misleading information;

viruses or any other technologies that may harm the sites, the Artist or other users;

information about services that are considered immoral, such as: prostitution or other forms that are contrary to the norms of morality or the law;

links or information about sites that compete with the Contractor's services;

information that constitutes "spam" or unsolicited or false commercial advertising;

information disseminated by news agencies;

information with an offer of earnings on the Internet, without indicating the physical address and direct contacts of the employer;

information with the offer of franchise, multi-level and network marketing, agency activity, trade representation or any other activity that requires the recruitment of other members, sub-agents, sub-distributors, etc.

information of an exclusively advertising nature without offering a specific product;

information that otherwise violates current legislation.

                                                                                                           7. INTELLECTUAL PROPERTY RIGHTS

 

7.1. All intellectual property objects available through and/or through the Site, including design elements, text, graphic images, illustrations, videos, programs, databases, music, sounds and other objects, as well as any the content posted on the Site is subject to the exclusive intellectual property rights of the Performer, Users and other rights holders.

7.2. The use of the content, as well as any other elements of the Site, is possible only within the framework of the functionality offered by the Site. No elements of the content of the services provided through the Site, as well as any content posted on the Site, may be used in any other way without the prior permission of the right holder. Use includes, but is not limited to, reproduction, copying, processing, distribution on any basis, etc.

7.3. In order to ensure the possibility of publication by the Contractor of the information provided by the User, the User who ordered the "Publication of Announcements" service grants the Contractor an indefinite, irrevocable, non-exclusive right to use, publish, collect, display, copy, duplicate, reproduce with respect to copyrights, publications and databases, which has the User, as well as regarding the information provided to them on all known or unknown media. The rights listed above are granted to the Performer free of charge and indefinitely. At the same time, the User retains all ownership rights to the content of the information posted in the Advertisements. In addition to the above, the User grants the right to access the information posted by him to all Users of the Site.

7.4. By using the Contractor's "Posting an ad" Additional Service, the User confirms that he is personally responsible for the content of the Advertisements placed by him, and also owns all the necessary rights, licenses, permits to post information in the Advertisement on the Site, including without limitation all patents, trademarks, commercial secrets, copyrights, or has the appropriate written consent, license or permission of all persons and companies identified in the Announcement to use their names or images.

 

                                                                                                                     8. RIGHTS OF THE PARTIES

 

8.1. The Contractor may periodically set restrictions on the use of services and the Site, in particular, the maximum number of days of storage of Ads and their size. The Contractor has the right at any time to change or terminate the provision of services, the Users' access to the Site or their parts, with or without notice to the Users, without being liable for such changes or termination.

8.2. The Contractor may deny the User access to the Site if the User violates the terms of this Offer. The fact of violation is considered confirmed if the User has been notified by the Site Administration about conducting activities that violate the Site's rules and/or the rights of third parties. The Contractor reserves the right at any time, if the User violates the terms of this Offer, to delete or disable the User's Account, as well as to delete all posted User Ads, leaving a prior notification to the User about such disconnection.

8.3. The executor has the right to transfer his rights to the Site to the successor. The transfer and notification of the User about such transfer is carried out in accordance with the requirements of the current legislation of Ukraine.

8.4. The user has the right to send complaints to [email protected]. Complaints and/or any appeal of the User will be considered by the Site Administration within 5 (five) working days from the date of their receipt or from the moment of receiving complete necessary information on the content of the complaint for its consideration.

8.5. The Contractor has the right to send requests to the User for the purpose of confirming the data specified by him during registration, including for the purpose of obtaining supporting documents (in particular, copies / certified copies of documents certifying identity), failure to provide which, at the discretion of the User, may be equated with the provision of an unreliable information In the event that the User's data specified in the documents provided to them do not correspond to the information specified by him during registration, as well as in the event that such data specified during registration do not allow identification of the User. The Contractor has the right to deny the User access to the use of services with the prior notification of the User.

8.6. The parties have agreed that within the scope of using the Contractor's Services, Users who have ordered "Advertising" services guarantee that they will provide other Users, who will become their Buyers, with the opportunity to return Goods of the "Clothing" category within 7 calendar days. In the event that the User does not comply with this guarantee during the next order by the User of the "Advertising" service, the Contractor has the right to refuse to provide such services.

                                                                                                                       9. CONFIDENTIALITY

 

9.1. The subject of the privacy policy

9.1.1. This section of the Agreement — Privacy Policy establishes the obligation of the Site Administration to not disclose and ensure the privacy protection regime of personal data, which the User provides at the request of the Site Administration during registration on the Site or when placing an order for the purchase of Goods.

9.1.2. Personal data permitted to be processed under this Privacy Policy is provided by the User by filling out the registration form on the Site and using the Site and/or by logging in to the Site using the Facebook social network or Google account, and may include the following information:

9.1.2.1. last name, first name and patronymic of the User;

9.1.2.2. the User's contact phone number;

9.1.2.3. email address (e-mail);

9.1.2.4. address of the User's residence and delivery of the Goods (city, street, house, apartment and index);

9.1.2.5. method of delivery and payment.

9.1.2.6. open data of the User's page in the Facebook social network or Google account.

9.1.3. The Site Administration protects the Data that is automatically transmitted during the viewing of advertising blocks and when visiting pages on which a system statistical script ("pixel") is installed:

· IP address;

· information from cookies;

· information about browsers (or other program that provides access to the display of advertisements);

· access time;

· the address of the page on which the advertising block is located;

· referrer (address of the previous page).

9.1.4. Any other personal information not stipulated above (purchase history, used browsers and operating systems, etc.) is subject to reliable storage and non-distribution, except for the cases provided for in Clause 9.3.2. and 9.3.3. agreements

9.1.5. The site administration takes the necessary technical and organizational information security measures to prevent the unwarranted dissemination of information and minimize these risks. Such measures include: use of anti-virus tools, placement of media in secure server centers, encryption, broadcast of network addresses and concealment of the internal structure of the Site network, deployment of appropriate access rights management systems and procedures, limited access of individuals to such data. Data backup is used to protect against accidental loss and/or damage of personal data. Industry-standard security measures are used to protect privacy and security when users interact with the Site.

9.2. Purposes of collecting user personal information

9.2.1. The Site Administration may use the User's personal data for the following purposes:

9.2.1.1. Identification of the User registered on the Site to place an order and/or conclude a Contract by making an electronic transaction on the Site.

9.2.1.2. Providing the User with access to personalized resources of the Site.

9.2.1.3. Establishing feedback with the User, including sending messages, requests related to the use of the Site, provision of services, processing of requests and applications from the User.

9.2.1.4. Determining the location of the User to ensure security and prevent fraud.

9.2.1.5. Creation of a personal account for the use of the Contractor's services, if the User has given consent to such creation.

9.2.1.6. Notification of the Site User about the status of the Order.

9.2.1.7. Providing the User with effective customer and technical support in the event of problems related to the use of the Site.

9.2.1.8. Provision to the User, with his consent, of product updates, special offers, price information, newsletters and other information on behalf of the Site or on behalf of the Site owner's partners.

9.2.1.9. Carrying out advertising activities with the consent of the User.

9.2.1.10. Providing the User with access to the Sites or services of the Site owner's partners for the purpose of obtaining products, updates and services.

9.3. Methods and terms of personal information processing

9.3.1. The processing of the User's personal data is carried out without a time limit, in any legal way, including in personal data information systems using automation tools.

9.3.2. The User's personal data may be transferred to the authorized bodies of the state authorities of Ukraine only on the grounds and in the manner established by the legislation of Ukraine.

9.3.3. In case of loss or disclosure of personal data, the Site Administration informs the User about the loss or disclosure of personal data.

9.3.4. The Site Administration takes the necessary organizational and technical measures to protect the User's personal information from illegal or accidental access, destruction, changes, blocking, copying, distribution, as well as other illegal actions by third parties.

9.3.5. The Administration of the Site, together with the User, takes all necessary measures to prevent losses or other negative consequences caused by the loss or disclosure of the User's personal data.

9.3.6. If the User wishes to withdraw his Consent to the processing of his data and delete his personal data from the Contractor's databases, the User must notify the Platform Administrator in the "Contact us" section by sending a message to the Platform Administration, or contact the number 044 344 12 95, or by deleting your account in accordance with clause 12.1. agreements In accordance with the requirements of the law, in case of withdrawal of the Consent by the User, the processing of his personal data will be stopped, and the data processed before the withdrawal of the consent will be deleted and destroyed in accordance with the procedure determined by the legislation of Ukraine. Withdrawal of Consent does not affect the lawfulness of data processing carried out prior to the withdrawal of such Consent. 9.3.7. After withdrawing consent to processing (receiving a request to delete personal data), the User immediately loses the right to use the Account, and the Site Administration will delete all the User's personal data from the databases or otherwise destroy the connection between personal data or the Account and the User ( except when the law requires to keep them or return them to the Subject of personal data), or transferred them to the User.

9.3.8. If the User suspects that his personal data is processed illegally or is unreliable, the User, in accordance with clause 6 clause 2. Article 8 of the Law of Ukraine "On the Protection of Personal Data" must send a reasoned request for the deletion or change of his personal data to the Platform Administrator in the "Contact us" section by sending a message to the Platform Administration, or contact the number 044 344 12 95. In accordance with requirements of the law, in case such a fact is established, the processing of his personal data will be stopped, and the data will be changed or deleted and destroyed in the manner determined by the legislation of Ukraine.

9.4. Confidentiality Obligations of the Parties

9.4.1. The user is obliged to:

9.4.1.1. for the purpose of using the Site, provide information about personal data necessary for using the Site.

9.4.1.2. Update and supplement the provided information about personal data in case of changes to such information or detection of errors.

9.4.2. The Site Administration is obliged to:

9.4.2.1. Use the received information exclusively for the purposes specified in clause 9.2. of this Privacy Policy.

9.4.2.2. To ensure that confidential information is kept confidential, not to be disclosed without the prior written permission of the User, as well as not to sell, exchange, publish or disclose in other possible ways the transferred personal data of the User, with the exception of clause 9.3.2. of this Privacy Policy.

9.4.2.3. Take measures to protect the confidentiality of the User's personal data in accordance with the procedure usually used to protect this type of information in the existing business turnover.

9.4.2.4. To block personal data belonging to the relevant User from the moment of application or request by the User or his legal representative or the authorized body for the protection of the rights of personal data subjects for the period of verification, in case of detection of unreliable personal data or illegal actions.

9.4.2.5. To stop the processing of personal data of the User who has withdrawn his consent to such processing from the moment of receipt of such withdrawal, in accordance with the procedure defined by law.

  9.5. Destruction and deletion of personal data

9.5.1. Personal data, to the collection, accumulation, processing, storage and use of which the user of the Site gives consent, is subject to deletion or destruction in accordance with the procedures determined by the legislation of Ukraine in the event of:

- Termination of legal relations between the Site user and the Administration;

- Issuance of a corresponding prescription by the Supreme Council Commissioner for Human Rights or the officials of the secretariat of the Supreme Council Commissioner for Human Rights designated by him;

- Acquisition of legal force by a court decision regarding the deletion or destruction of personal data;

- Expiration of the period of storage of personal data, determined by the consent of the Site user to the processing of this data, this Policy or the law.

- Receiving from the User the withdrawal of consent to the processing of personal data in accordance with the procedure specified in Clause 9.3.6. agreements

9.6. Responsibilities of the parties

9.6.1. The Administration of the Site is responsible for damages caused by the User in connection with the improper use of personal data, in accordance with the legislation of Ukraine, with the exception of the cases provided for in Clause 9.3.2. and 9.6.2. of this Privacy Policy.

9.6.2. In case of loss or disclosure of Confidential Information, the Site Administration is not responsible if this confidential information:

9.6.2.1. Became public property until its loss or disclosure.

9.6.2.2. It was received from a third party before it was received by the Site Administration.

9.6.2.3. It was disclosed with the consent of the User.

 

10. COOKIE PROCESSING POLICY

 

10.1. The technology used on the Site sends data to the user's device: one or more cookie files.

10.2. The Contractor uses cookies for simplified access of Users to some sections of the Site and the Site as a whole, as well as for processing statistical information in order to improve the efficiency of the User's interaction with the Site, as well as for obtaining information related to the implementation of marketing activities. Such information is provided in an aggregated form and does not contain personal data.

10.3. Within the scope of these purposes, the Site Administration uses the following types of cookies:

10.3.1. "temporary" (session cookies), those stored in the User's device before leaving the Site or turning off the software (web browser).

10.3.2. "persistent cookies", those stored in the User's device for the time specified in the cookie file settings or until the User deletes them.

10.4. On our Site exclusively within the limits defined in clause 10.2. Cookie policy, the following types of cookies are used:

10.4.1. "necessary" cookies that allow you to use the services available on the Website, for example, "cookies" files for using services that require authentication on the Website - in the event that the user sets the browser settings to block all cookies (including necessarily required cookies), the Site Administration cannot guarantee that such User will receive full or partial access to the Site or services provided through the Site;

10.4.2. "resultative" cookies for collecting information about the way the pages of the Site are used. Such data are anonymous;

10.4.3. "functional" cookies that allow you to "remember" the interface settings selected by the User, for example, the User's selected language or region, font size, appearance of the web page, etc.;

10.4.4. "advertising" cookie files that allow users to be provided with advertising content based on their interests.

10.5. Representatives of the Contractor or third parties with whom the Contractor cooperates may have access to cookies. The executor, in accordance with current legislation, may provide information to third parties for the protection of legal rights and interests.

10.6. The user can refuse the collection of the above information by:

10.6.1. Set "I do not accept cookies" in the browser settings.

10.6.2. Set "Delete cookies" in the browser settings.

 

                                                                                            11. LIMITATION OF THE EXECUTIVE'S LIABILITY

 

11.1. Any interaction of the User with the Site (including, but not limited to, registration, actual use of the Services, etc.) means the User's unconditional agreement that he uses the Site and the Contractor's Services at his own risk and "as is", assesses all risks , related to the use of the Advertisements posted on the Site, and the Contractor bears no responsibility for the content of the Advertisements posted by the User on the Site for any damages resulting from the use of the Advertisements posted on the Site. All disputes, conflicts or misunderstandings that may arise between Users should be resolved by them independently without the involvement of the Contractor.

11.2. The performer is not the organizer/initiator of an agreement between Users or a party to such an agreement. The site is a trading communication platform that enables Users to place, sell, buy goods, in accordance with current legislation.

11.3. The Contractor does not verify the authenticity of the information posted by Users in advertisements. The executor is not responsible for losses that may arise in connection with the concluded agreements or in case of improper implementation by the Parties.

11.4. In case of claims between Users as a result of using the Site, Users agree to settle such possible claims independently, without the involvement of the Contractor. In addition, the Contractor is released from responsibility for all claims, obligations, compensation for damages, other costs that may arise in connection with the settlement of claims between Users.

                                                                                                  12. REFUSAL OF RECEIVING SERVICES

 

12.1. The user has the right to unilaterally delete his registration (his account) at any time. The User who wishes to delete the Account must contact the Contractor by e-mail [email protected] and inform about the desire to delete the Account, in response to the request the Contractor will send a link with the request form for deleting the User's Account, which the User has to fill Upon completion of the form, the Account will be deleted by the Site Administration within 14 calendar days.

A request to delete an Account, as a refusal to receive services, does not release the Parties from the full fulfillment of their obligations under the Agreement, including, does not release the User from the fulfillment of monetary obligations in terms of payment for the services actually provided and compensation for expenses, defined by the Agreement. In this case, in accordance with paragraph 2 of paragraph 2. Art. 15 of the Law of Ukraine "On the Protection of Personal Data" The account will be deleted by the Site Administration upon the fact of complete termination of the contractual obligations between the Parties to comply with the civil and tax legislation of Ukraine.

12.2. Continued use of the Site by a registered User after the publication of a new edition of the Offer at the link: https://theoriginals.com.ua/terms means the consent of such a User to replace the Contractor in the obligation to provide services (Article 520 of the Civil Code of Ukraine) and constitutes acceptance of this Offer .

                                                                                                        13. OTHER TERMS

13.1. System messages of the Site are sent to the e-mail address specified by Users during registration on the Site. If you do not wish to receive such messages from the Site, Users can opt out of such mailings by using the "Unsubscribe" function contained in the User's account.

13.2. Information messages that are addressed to a wide range of Users are published on the site or forwarded to the email addresses of Users who have given their consent to receive such messages.

13.3. If disputes and disagreements arise between the Parties, the Parties undertake to resolve them through negotiations. If any disputes, disagreements or claims arising under this Agreement, or related to its implementation, violation, termination or invalidity, cannot be resolved through negotiations, then these disputes are considered in accordance with the current legislation of Ukraine.

13.4. This Agreement is governed and interpreted in accordance with the legislation of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with the current legislation of Ukraine. All possible disputes arising from the relations regulated by this Agreement shall be resolved in accordance with the procedure established by the legislation of Ukraine, according to the norms of Ukrainian law.

13.5. Recognition by a court of any provision of the Agreement as invalid or unenforceable does not entail the invalidity or non-fulfillment of other provisions of this Agreement.

 

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