1. General Provisions
1.1. This offer is an official offer of MGN “Nadiya”, hereinafter referred to as the “Seller”, to conclude a contract for the sale of goods remotely, that is, through the online store, hereinafter referred to as the “Agreement”, and places a Public Offer (offer) on the official website of the Seller “https://www.atom-stock.com” (hereinafter – the “Website”).
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s offer (acceptance) to conclude an electronic contract for the sale of goods is considered the fact that the Buyer paid the order on the terms of this Agreement, at the time and at the prices indicated on the Seller’s website.
2. Concepts and Definitions
2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:
- “Product” – photos, videos and other media materials posted on the site;
- Online Store” – in accordance with the Law of Ukraine “On Electronic Commerce”, a means for presenting or selling a product, work or service by means of an electronic transaction.
- “Seller” – a company that sells products presented on the website.
- “Buyer” – an individual who has concluded an Agreement with the Seller on the conditions set forth below.
- “Order” – the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
3. Subject of the Agreement
3.1. The Seller undertakes to transfer the Goods to the Buyer’s ownership, and the Buyer undertakes to pay and accept the Goods under the terms of this Agreement.
This Agreement governs the sale of goods in the online store, including:
- voluntary selection by the Buyer of goods in the online store;
- independent registration by the Buyer of an order in the online store;
- payment by the Buyer of the order placed in the online store;
- providing the Buyer access to download and the right to use the Goods under the terms of this Agreement.
4. Ordering Procedure
4.1. The buyer has the right to place an order for any product presented on the website of the online store.
5. Order payment procedure
5.1. Access to the Goods is provided upon receipt of payment using the payment systems of the Site.
5.2. If funds are not received, the online store reserves the right to cancel the order.
5.3 The user can at any time access to download the goods through a personal account in the online store.
6. Rights and obligations of the parties:
6.1. The seller has the right:
- unilaterally suspend the provision of services under this agreement in case of violation by the Buyer of the terms of this agreement.
- file a complaint about the illegal use of the Goods by the Buyer without an appropriate license, for example, sale or free distribution on other Internet sites.
6.2. The seller must:
- provide the Buyer with the Goods specified in the online store upon receipt of payment for it.
6.3. The buyer has the right:
- place an order in the online store;
- draw up an electronic contract;
- require the Seller to fulfill the terms of this Agreement.
6.4. The buyer must:
- timely pay and receive the order on the terms of this agreement.
7. Responsibility of the Parties
7.1. The parties are responsible for non-compliance or improper fulfillment of the terms of this agreement in the manner prescribed by this agreement and the current legislation of Ukraine.
7.2. The seller is not responsible for:
- for a slight discrepancy in the color gamut of the product, which may differ from the original product solely due to the different color rendering of individual computer monitors of certain models, as well as inaccuracies associated with data compression during the preview of the product.
- for the content and veracity of the information provided by the Buyer when placing the order;
- for delays and interruptions in the provision of Services (order processing and providing access to the Goods) that occur for reasons beyond the scope of its control;
- for unlawful illegal actions performed by the Buyer using this access to the Internet;
- for the transfer by the Buyer of its network identifiers – IP, MAC address, login and password to third parties;
7.3. The buyer, using the Internet access granted to him, is independently liable for harm caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles.
7.4. In case of force majeure circumstances, the parties are exempted from fulfilling the terms of this agreement. Force majeure for the purposes of this agreement is understood to mean events of an extraordinary, unforeseen nature that exclude or objectively impede the execution of this agreement, the occurrence of which the Parties could not have foreseen and prevented in reasonable ways.
8. Intellectual property.
8.1. The goods presented on the Website are the intellectual property of the Seller.
8.2. The purchase of the Goods does not give the Buyer intellectual property rights to it.
8.3. The purchase of the Goods in video format gives the Buyer the right to use it in this way:
- in the production of multimedia materials displayed or distributed via the Internet, in social networks and using so-called “applications”.
- to create television programs
- on websites
- in connection with public, concert performances
8.4. The purchase of the Goods does not give the right:
- for its free distribution or sale on the Internet
- for its commercial or free distribution as part of another product – a template, collage, application, etc., without the written permission of the Seller.
9. Other conditions
9.1. The online store reserves the right to unilaterally amend this agreement subject to prior publication on the website “https://www.atom-stock.com”
9.2. The online store was created to organize a remote way of selling goods over the Internet.
9.3. The buyer is responsible for the accuracy of the information specified when placing the order. Moreover, when making an acceptance (placing an order and subsequent payment for the goods), the Buyer provides the Seller with his unconditional consent to the collection, processing, storage, use of his personal data, in the understanding of the Law of Ukraine “On the Protection of Personal Data”.
9.4. Payment by the Buyer of the order placed in the online store means the Buyer’s full agreement with the terms of the sale contract (public offer)
9.5. The actual date of electronic agreement between the parties is the date of acceptance of the terms, in accordance with Art. 11 of the Law of Ukraine “On Electronic Commerce”
9.6. Using the resource of the online store to preview the product, as well as to place an order for the Buyer is free.
9.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of processing the order, sending notifications to the Buyer, delivering goods, making settlements, etc.
10. Order exchange and return of goods
10.1. The parties make every effort to resolve any differences exclusively through negotiations.
10.2. The buyer can request a replacement product or a refund by contacting the site support service. Replacement of the Goods or refund is possible in the following cases:
- the content of the product does not match the description of the Product in the online store.
- the resolution of the photo-video does not match the one selected when purchasing the Product.
- The item contains a security vulnerability.
- the file is damaged or does not open with standard viewers.
- the product contains defects – artifacts, damaged and dark frames, stripes, etc. (dark frames at the end of the video are not considered as a defect)
10.3. The goods are not subject to return or exchange in the following cases:
- the product is of good quality, but the user made a mistake when choosing, changed his mind about using the product, did not notice some details during the preview, etc. Return is possible by agreement of the parties, but the Seller reserves the right to make a decision in such situations.
- mismatch of the specified data encoding format if the video content and its quality meets the specified standards.
11. Contract time
11.1. An electronic contract is deemed to be concluded from the moment the person who has sent the proposal to conclude such an agreement receives a response on the acceptance of this proposal in the manner determined by part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.
11.2. Until the expiration date, this Agreement may be terminated by mutual agreement of the parties until the actual delivery of the goods, by refund
11.3. The parties have the right to terminate this agreement unilaterally, if one of the parties does not comply with the terms of this Agreement and in cases provided for by the current legislation of Ukraine.