This text of the User Agreement (hereinafter referred to as the "Agreement"), addressed to an indefinite number of persons, visitors of the website: https://punisher.com.ua/ (hereinafter referred to as the "Website" and/or "Online Platform"), when using, ordering, corresponding, telephone conversation, leaving reviews, etc. on the Online Platform.
This Agreement is a public offer within the meaning of the provisions of the current legislation of Ukraine. The performance of implicative actions by persons (hereinafter referred to as the "User" / "Buyer", and in the plural "Users" / "Buyers") aimed at using the Online Platform, is considered unconditional acceptance of all provisions of this Agreement. The User acknowledges that acceptance of the Agreement is equivalent to signing and concluding the Agreement on the terms set forth in this Agreement. In the event that any part of this User Agreement is recognized as invalid or unenforceable, its other parts will remain in force.
The Online Platform is a marketplace with a range of sellers that helps entrepreneurs sell goods and services, and buyers buy.
User - Seller, Buyer, Visitor who have agreed to the terms of this Agreement.
Online Platform Administrator - Private Entrepreneur Liska D.M. and/or persons duly authorized by him to manage the Online Platform and provide services to Users.
The Owner of the Online Platform - Private Entrepreneur Liska D.M. (TIN 2979707071) is a provider of intermediate services in the information sphere within the meaning of the Law of Ukraine "On Electronic Commerce" and is not the initiator of the transfer of information.
Content - the results of intellectual activity protected and posted by the User on the Online Platform, including, but not limited to: name and description of product items, photographs, characteristics of goods/services, advertising materials, information about the Seller or User, reviews, etc. Account/Personal Account – the User’s electronic account in the functional system of the Online platform, with the help of which the User can manage their Services. Buyer – any capable natural or legal person, an individual entrepreneur who has accepted the terms of this Agreement and who, using the functional capabilities of the Online platform and/or services, buys and/or orders goods/services offered by Sellers. The Buyer uses the functional capabilities of the Online platform by automatically registering on the Site with the creation of a “Buyer’s Account” for him.
Privacy Policy – terms of work with confidential information on the Online platform, which is an integral part of this Agreement and is posted at the link: https://punisher.com.ua/privacypolicy/.
Seller – a person engaged in the sale of goods and/or services, registered on the Online platform, can publish information about himself (including contact information), about the offered goods and services, commercial offers and advertisements, other information in accordance with the current legislation of Ukraine. The Seller receives the service of access to the site. Sellers - individuals who are not registered as business entities, cannot carry out systematic entrepreneurial activity using the Online platform for the sale of goods/services for the purpose of making a profit
The Seller, in the manner established by the Agreement on the provision of services with the Owner of the Online platform, will receive the Access Service, the registration data for him are indicated on the Site and the opportunity to fill the Site with information resources - Content is provided.
The User Agreement defines the general terms and conditions for creating a user's personal account, forming and accepting an order for execution, delivery and return of goods, marketing aspects of interaction between the User and the Online Platform, etc.
This Agreement applies to all existing (functioning) services (Services) of the Online Platform, as well as any subsequent revisions thereof.
The moment of conclusion of this Agreement is the moment of any interaction of the User with the Online Platform. By means of such interaction, Users confirm that they agree with all the terms of this User Agreement, and the Administration of the Online Platform grants them a personal right to enter and use the Online Platform, as well as access to the Services on the terms set out in this Agreement.
Any interaction of the User with the Online Platform (including, but not limited to, registration on the Online Platform, placement of Product Items, transfer of funds by the User to the Seller of the Online Platform as payment for the Product/services and/or actual use of the Services) means the unconditional consent of the User with all the clauses of this Agreement. Such interaction with the Online Platform is a full and unconditional acceptance of this Agreement, ignorance of which does not relieve the User from liability for failure to comply with its terms.
The User Agreement may be changed by the Administration of the Online Platform without prior notice. The current version of the User Agreement is available on the page https://punisher.com.ua/privacypolicy/. Continued use of the functionality of the Online platform through the User's Personal Account (any further interaction with the Online platform means his consent to the changes in the Agreement.
If the User does not agree with any terms of this Agreement and/or does not agree to comply with the terms of this Agreement (or a new version of the Agreement), he has the right not to use the platform's capabilities/services and is obliged to stop using the Online platform and leave it, as well as terminate the contractual relationship.
The Administration of the Online platform has the right to refuse any User registration and/or use of the functionality of the Online platform at any time in the event of a violation of the terms of this Agreement.
By accepting this Agreement, the User agrees to the processing and protection of his personal data, in the amount, manner, in accordance with the purposes and purposes of processing in accordance with the Regulation on the processing of personal data (hereinafter referred to as the "Regulation" and/or "Regulation on the processing and protection of personal data")).
We value the User's right to privacy and non-disclosure of his personal information. This User Agreement is a rule that applies to all Users of our service and regulates the collection and use of personal information that may be requested/received when visiting the Online platform when ordering, correspondence, telephone conversation, or any other communication in which data/information is exchanged.
Rights and obligations of the Administrator/Owner of the Online platform
The Owner of the Online platform is not a party to the electronic agreement between the Seller and the Buyer, the subject of which are the goods, works or services offered by the Sellers on the Site.
All agreements between Sellers and Buyers are concluded directly. The Owner of the Online platform is not a party to such agreements, but only provides a communication trading platform for the placement of product items.
The Owner of the Online platform is not responsible for the content of the transmitted information or the received information and for damage caused as a result of the use by Users of the results of the Services of the Online platform.
The Administration of the Online platform undertakes to ensure that the User can receive the Services in the manner determined by this Agreement.
Rights and obligations of the User
When registering and/or filling out the order form and/or placing a Product item, the User must provide true, accurate and complete information about himself/herself on the questions that are offered in the registration form and the forms of the sections of the Online platform "Company Account" and "Buyer's Account" and keep this information up to date, corresponding to reality. The User undertakes to ensure the accuracy of the information provided. The User has no right to demand that the Administration of the Online platform conceal any information about him/her.
The User undertakes to use the Online platform/Site only for lawful purposes, to comply with the current legislation of Ukraine, as well as the rights and legitimate interests of the Owner of the Online platform.
The User has no right to perform actions that affect the normal operation of the Online platform and constitute its unfair use. The User undertakes not to use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or track the content of information on the platform.
The User undertakes not to use the capabilities of the Online platform independently or with the involvement of third parties for purposes that may be qualified as a violation of third party rights to intellectual property, unfair competition, or other violation of the current legislation of Ukraine. The User has no right to use the information on the Site for personal non-commercial purposes. Copying information from the site is prohibited.
Sellers guarantee that they have all the rights to use the materials and Content posted by them on the Online platform in the catalog, including intellectual property rights
The User undertakes to comply with the property and non-property rights of authors and other copyright holders when using the functionality of the Online platform.
Content requirements. Disclaimer
The Seller's offer to sell goods/services, which is published by him on the Online platform, must contain all the information for consumers provided for by the legislation of Ukraine (in particular, but not exclusively, the Law of Ukraine "On Electronic Commerce", the Law of Ukraine "On Protection of Consumer Rights").
The Administration of the Online platform does not perform mandatory verification of information and Content, which is posted by Users on the Online platform and on the Sites and is not responsible for the compliance of such information with the current legislation of Ukraine.
The Administration of the Online platform is not responsible for errors, inaccuracies, omissions that were made during registration or posting of information by the User, as well as any material or non-material damage arising in connection with this (including lost profits).
The Administration of the Online Platform shall not be liable for the use (both lawful and unlawful) by third parties of the information posted on the Online Platform, including its reproduction and distribution, carried out both within the framework of the Online Platform and in other possible ways.
The Administration of the Online Platform shall not be liable to the User for restricting access to the Services, for terminating access to the Services, if these restrictions and terminations arose as a result of force majeure circumstances that arose after the conclusion of this Agreement and the occurrence of which the Parties could not influence, including, but not limited to, the following: war, riots, strikes, sabotage, embargo, fires, floods, natural disasters, deterioration of the radio-electronic or radiological situation, explosions, actions or inactions of the government of Ukraine or another country, acts of state bodies and/or local governments, amendments to the legislation of Ukraine, accidents on public networks, changes in the conditions of access to linear-cable communication facilities, etc. The Administration of the Online Platform shall not be liable to the User or any third parties for any direct and/or indirect damages, including lost profits or lost data, damage to honor, dignity or business reputation, incurred in connection with the use of the Services or the inability to use it or unauthorized access of third parties to the User's communications.
The Administration of the Online Platform shall not be liable to Users or other third parties regarding:
- the content and legality, reliability and completeness of the information (Content) provided/received by the User when using the Services;
- the quality of goods/services sold by Sellers on the Online Platform, timely delivery;
- the conformity of goods/services purchased through the Online Platform with the expectations and/or requirements of the Buyer;
- the fulfillment by Sellers of their obligations to deliver goods/services purchased through the Online Platform to Buyers, their return or replacement, refund in the event of termination of the contract, etc.;
- fulfillment of warranty obligations by Sellers to Buyers for goods/services purchased using the Online platform;
- compliance of the activities carried out by the Seller in the sale of goods/provision of services with the requirements of the legislation of Ukraine.