Public offer contract

 

1. TERMS AND DEFINITIONS

1.1 In this document, the following terms are used equally in the singular and plural (unless otherwise follows from the meaning of the term and/or definition) in the following meanings:

1.2 «Public Offer Agreement” means a public agreement, a sample of which is posted on the Website https://lvivancient.org.ua/?page_id=2123&preview=true (hereinafter referred to as the Website), and the application of which is mandatory for the Seller, containing the Seller’s offer to purchase the Goods, the image of which is posted on the Seller’s Website, directed to an indefinite number of persons, including Buyers.

1.3 “Acceptance” – acceptance by the Buyer of the Seller’s offer to purchase the Goods, the image of which is posted on the Website, by adding it to the virtual basket and placing an Order.

1.4 “Goods” – a trade item (product, model, accessory, components and accompanying items, any other trade items), for the purchase of which the Seller’s offer is posted on the Website.

1.5 “Buyer” – any capable, adult individual, legal entity, individual entrepreneur, in accordance with the current Ukrainian legislation, who has visited the Website and intends to purchase a particular Product, and has agreed to the terms of this Agreement.

1.7 “Museum Online Store” means a person who owns or distributes the Goods and intends to sell them through the Website.

1.8 “Order” means a duly executed and placed application of the Buyer for the purchase of the Goods addressed to the Seller.
 2.   GENERAL PROVISIONS

2.1. This agreement is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for organizing the sale and purchase.

2.2. The contractual relationship between the Online Store and the Buyer is formalized in the form of a Public Offer Agreement. Clicking on the “Buy” and “Place an order” buttons on the Internet resource on the Order page means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with the current Ukrainian legislation, has accepted the terms of the Public Offer Agreement, which are indicated below.

2.3. This Agreement shall enter into force from the moment of clicking on the “Buy” and “Place an order” buttons on the Website https://poputchik.ua, by which the Buyer agrees to purchase the Goods available from the Seller or from the moment of placing an order by phone with the Seller and shall be valid until the Buyer or a Third Party designated by the Buyer receives the Goods from the Seller and makes full payment to the Seller.

3. SUBJECT OF THE AGREEMENT

 3.1. The Online Store undertakes to sell the Goods on the terms and in the manner specified in this Agreement on the basis of the Order placed by the Buyer on the relevant page of the Website, and the Buyer undertakes to purchase the Goods and pay for them on the terms and in the manner specified in this Agreement.

3.2. The Online Store guarantees that the Goods are not pledged, are not subject to a dispute, are not under arrest, and there are no rights of third parties to them.

3.3. The Online Store and the Buyer confirm that the current Agreement is not a fictitious or sham transaction or a transaction concluded under the influence of pressure or fraud.

3.4. The Online Shop confirms that it has all the necessary permits for conducting business activities that regulate the scope of legal relations arising and operating in the course of the execution of this Agreement, and also guarantees that it has the right to sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer’s rights in the course of the execution of this Agreement and the sale of the Goods.

3.5. By agreeing to the terms of the Agreement, the Buyer confirms his legal capacity and legal capacity, including the attainment of the age of 18, and is aware of the responsibility for the obligations imposed on him as a result of the conclusion of this Agreement.

4. ПРАВИЛА АКЦЕПТУ

4.1. This Offer is considered the main document in the official relationship between the Buyer and the Seller for the purchase and sale of the Tickets. The Buyer’s acceptance of this Offer shall be carried out by the Buyer by consistently performing the actions specified in clause 4.3 of this Offer (acceptance of the Offer). The Buyer’s acceptance of this Offer is made voluntarily and is tantamount to the conclusion of a written contract (clause 2 of Article 642 of the Civil Code of Ukraine).

4.2. Before accepting the Offer, the Buyer must be sure that all the terms of this Offer are clear to him and he accepts them unconditionally and in full.

4.3. Acceptance of this Offer by the Buyer is carried out by sequentially performing the following actions:

а) contacting the Point of Sale and/or accessing the Seller’s and/or Sub-Seller’s Website and/or calling the Seller’s and/or Sub-Seller’s Contact Center;

b) selecting a specific Event and Ticket category(s) from those available at the time of the Buyer’s application;

c) familiarization with the terms of this Offer;

d) familiarization with the age restrictions of specific Events, as well as providing a contact phone number, e-mail address, surname and name of the Recipient of the Electronic Ticket, and, in case of delivery, the address and time of delivery.

4.4. After completing all the actions specified in clause 4.3. of this Offer, the Buyer, depending on the chosen method of purchasing the Ticket: pays for the Order in accordance with the method of purchase chosen by the Buyer with the payment method corresponding to such method of purchase within the terms provided for by the payment rules for a particular Event.

4.5. After making payment for the Order, the Buyer either receives the Ticket independently at the Points of Sale or by arranging its delivery (for a fee), or independently prints out the Electronic Ticket, or records the Electronic Ticket in the memory of the technical device belonging to the Buyer.

4.5.1. In accordance with the provisions of clause 4.5. of this Offer, the Buyer may receive an Electronic Flight Ticket by sending it by the Seller to the e-mail address specified by the Buyer. The Electronic Flight Ticket shall be sent only if the Buyer fulfills the obligation to pay the cost of the Electronic Flight Ticket in full.

5. PAYMENT PROCEDURE

5.1. The Buyer has the right to pay for the Tickets in any of the ways offered by the Seller, information about which is available on the Seller and/or Sub-Seller’s website, at the Points of Sale and/or reported in the Seller’s Contact Center.

5.2. The payment is recognized as made by the Buyer at the time of confirmation of a successful transaction by the bank or payment system, or at the time of receipt of funds at the cash desk of the Point of Sale.

5.3. In case of payment for the Order by bank card on the Seller’s and/or Sub-Seller’s website and at the Points of Sale, the Buyer is obliged to use a bank card issued in the Buyer’s name. At the same time, the cashier at the Ticketing Point shall have the right to require the Buyer to provide the original documents proving the Buyer’s identity.

5.4. The electronic ticket may be received by the Buyer only if the Buyer places the Order independently directly on the Seller’s or Sub-Seller’s Website and pays for the Order only by credit card or other non-cash method, the information about which is provided on the Seller’s Website.

5.5. After paying for the Order in accordance with clause 5.2. of this Offer, the Order is considered sold and the Buyer has the right to access the Museum.

5.6. In case of non-payment or partial payment of the Order during the Reservation Period, the Order is considered unsold and canceled.

6. REFUNDS

6.1. In accordance with the Law of Ukraine “On Protection of Consumer Rights” dated 12.05.1991, No. 1023-XII (as amended) and the Instruction on Ticket Management in Theater and Entertainment Enterprises and Cultural and Educational Institutions, approved by the Order of the Ministry of Justice of Ukraine dated 07.07.1999, No. 452, refunds for tickets to events are made by the Principal and/or the Organizer only in cases of cancellation (postponement) of the event or change of the lineup of artists, time or place of the Event. The Principal and/or the Organizer shall refund to the Buyer only the face value of the ticket, the Service Fee and the cost of additional services shall not be refunded by the Principal, as well as the cost of delivery of the Tickets shall not be refunded if the delivery service was additionally ordered by the Buyer.

6.2. The procedure for refunds to the Buyer is carried out in accordance with clause 6.1. of this Offer:

6.3. Refunds to the Buyer in case of payment for the Order (Tickets) in cash shall be made after the Buyer provides complete information to the e-mail address ancientlviv@gmail.com. The complete information consists of: a photo and/or scanned copy of the ticket(s), the registration number of the taxpayer’s account card according to the State Register of Individuals – Taxpayers (TIN) of the person, the bank details of the recipient, as well as a copy of the identity document.

6.3.2. Refunds to the Buyer in case of payment for the Order (Tickets) by bank transfer (bank card) shall be made after the Buyer provides complete information to the e-mail address ancientlviv@gmail.com. The complete information consists of: electronic tickets, receipt of successful payment, registration number of the taxpayer’s account card according to the State Register of Individuals – Taxpayers (TIN) of the person, as well as a copy of the identity document.

6.4. Refunds in accordance with the terms of this Offer for the Tickets purchased by the Buyer shall be made only for the Tickets purchased on the Website, if this place of refund is specified in the official letter of the Event Organizer in accordance with clause 6.1. of this Offer.

6.5. Refunds are made within 10 (ten) working days from the date of the Buyer’s application.

6.6. Only the Buyer whose data is specified in the Order may apply for a refund, the funds are returned to the Buyer only upon the mandatory actual return of the purchased ticket by the Buyer.

7. RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. The buyer has the right:

7.1.1. Independently inquire from open sources about the price of the Tickets to the Events and the services of other official ticket operators when making a decision to purchase the Tickets from the Seller.

7.1.2. Receive information about the rules of selling the Tickets, available categories of the Tickets and other information about the Events.

7.1.3. Choose a payment method for the Ticket from those offered by the Seller on the website. At the same time, the Buyer is obliged to familiarize himself/herself with the rules for using a particular payment method.

7.1.4. Send feedback on the Seller’s work to the contacts indicated on the Website.

7.1.5. The Buyer has the right to refuse to purchase the Ticket from the Seller until the payment for the Order is made in accordance with the terms and conditions provided for in this Offer. Such refusal shall entail the termination of all obligations of the Seller to the Buyer.

7.2. The Buyer is obliged to:

7.2.1. Read in detail all the rules for purchasing the Tickets and the terms of this Offer and accept them when purchasing the Ticket, as well as all additional rules governing the relations of the Parties in accordance with this Offer.

7.2.2. When placing an Order, provide accurate and complete information about yourself. The Buyer acknowledges that he is fully responsible for the data provided to the Seller. The Buyer acknowledges that he has no claims against the Seller for an Order incorrectly placed by the Buyer using the Seller’s Website, since he did not make sure of its correctness when placing the Order.

7.2.3. Pay in full the cost of the Order before placing the next Order.

7.3. The Seller has the right to:

7.3.1. Require the Buyer to comply with the entire procedure for placing/paying for the Order in accordance with the rules set forth in this Offer.

7.3.2. In case of the Buyer’s refusal to accept this Offer on the terms set forth herein, refuse to sell the Ticket to the Buyer and provide the Services.

7.3.3. To cancel the Customer’s Reservation and/or Order if the Customer has more than 2 (two) unpaid Reservations and/or Orders within 1 (one) calendar month.

7.3.3. At any time to modify any software of the Seller’s System, including the Website, to suspend the operation of the software tools that ensure the functioning of the Website in case of detection of significant malfunctions, errors and failures, as well as for the purpose of carrying out preventive maintenance and preventing unauthorized access to the Website.

7.3.4. Set and change tariffs for its Services unilaterally and at any time.

7.3.5. Require the Buyer to pay for the Ticket in full before selling the Ticket.

7.3.6. To cancel the issued Order if it is not paid within the Reservation Period. The canceled Order cannot be restored for re-payment, except by creating a new Order by the Buyer.

7.3.7. In case of non-compliance by the Buyer with any of the clauses of the Offer, to refuse to provide further services.

7.4. The Seller is obliged to:

7.4.1. Provide the Buyer with the opportunity to visit the Museum.

7.4.2. Not to use the Buyer’s personal data for unauthorized distribution of materials not related to the Order.

8. RESPONSIBILITY

8.1. In the event of non-fulfillment or improper fulfillment of their obligations under this Offer, the Parties shall be liable in accordance with the laws of Ukraine and the terms of this Offer.

8.2. The Parties shall be released from liability for full or partial failure to fulfill their obligations under this Offer if such failure was the result of force majeure circumstances, i.e. extraordinary and unavoidable circumstances that arose against the will and desire of the Parties and which they could not prevent, avoid or foresee. Force majeure circumstances, in particular, include: natural phenomena (earthquakes, floods, fires, etc. ), circumstances of public life (military operations, states of emergency, explosions, strikes, riots and protests, epidemics, including restrictions in connection with the risks of COVID-19 and/or other viruses), actions and decisions of public authorities, including decisions to counteract the COVID-19 virus and/or other viruses, prohibitive measures of public authorities (transportation ban, currency restrictions, international trade sanctions, etc. etc.), failures in telecommunication and energy networks. During this time, the Parties have no mutual claims, and each Party assumes its own risk of the consequences of force majeure.

8.3. All claims or lawsuits related to this Offer must be submitted in writing within 10 (ten) calendar days from the date of their occurrence. After the expiration of the specified period, the Seller will not consider claims.

9. CERTAIN PROVISIONS REGARDING TICKETS (ELECTRONIC TICKETS)

9.1. When purchasing an Electronic Ticket, the Buyer in any case undertakes to provide his/her valid e-mail address, telephone number, as well as to indicate his/her surname and name of the Ticket Recipient (in some cases, passport data, if there are such requirements under the Laws of Ukraine and/or the Principal and/or the Organizer). In case of failure to provide such information (valid e-mail addresses, telephone number, surname and name of the Buyer and the Ticket Recipient, passport data), as well as in case of providing false or invalid information, the Seller shall be entitled to refuse the Buyer to purchase the Electronic Ticket.

9.2. The Buyer accepts and agrees that he/she is fully responsible for the notification of an incorrect or invalid e-mail address.

9.3. The Electronic Ticket shall be sent to the Buyer to his/her e-mail address only if the Buyer complies with the terms of this Offer on payment of the Electronic Ticket price.

9.5. The Buyer is solely responsible for the safety and protection of the Electronic Ticket from copying. In case of copying the Electronic Ticket, access to the museum will be opened according to the ticket that was presented first.

10. DISPUTE RESOLUTION

10.1. Disputes arising from the performance of the contract under the terms of this Offer shall be resolved with the obligatory observance of the claim procedure. The claim shall be submitted to the Seller in writing with the attachment of documents substantiating the proposed requirements within a period of not more than 10 (ten) calendar days from the date of occurrence of the cause of the dispute. The received claim shall be considered by the Seller within a period not exceeding 10 (ten) calendar days.

10.2. При неможливості досягнення згоди, суперечки, що виникли, підлягають розгляду в порядку, передбаченому чинним законодавством України.

10.2. If no agreement can be reached, the disputes shall be subject to consideration in accordance with the procedure provided for by the current legislation of Ukraine.

10.3. On all other issues not provided for in this Offer, the Parties shall be governed by the current legislation of Ukraine.

11. PRIVACY POLICY, PERSONAL DATA PROTECTION, INTELLECTUAL PROPERTY RIGHTS, OTHER TERMS AND CONDITIONS

11.1. The web portal https://lvivancient.org.ua/ (hereinafter referred to as the Website), as well as the System in general, the purpose of which is to facilitate the provision of services for booking, issuing, selling and delivering Tickets (Electronic Tickets), Ticket Certificates owned by Lviv Ancient Museum LLC. 11.2. The Privacy Policy within the framework of this Offer is a set of legal, administrative, organizational, technical and other measures taken by the Seller to ensure the confidentiality and protection of personal data of individuals – consumers who are users of the Site and/or Buyers, unless such information is personally and knowingly disclosed by the consumer – user of the Site and/or Buyers.

11.3. The purpose of implementing the Privacy and Personal Data Protection Policy is to prevent public access and disclosure of information owned by the user of the Site and/or the Buyer. The Seller takes all possible measures to ensure the implementation of the measures provided for in this section.

11.4. In order to implement the functions and tasks of the Site and other purposes related to the civil law relations between the Seller and the Buyer, the user of the Site and/or the Buyer, using this Site and the services for which the Site and the System are created, by agreeing to this Offer, provides the Seller with his personal data, as well as his consent to their processing. The purpose of personal data processing is to fulfill the terms of this Offer.

11.5. The list of personal data to which the Buyer agrees to process:

• surname, name, patronymic;
• date of birth
• passport data;
• individual tax number.

11.6. The list of actions with personal data to which the Buyer agrees: collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer), depersonalization, blocking, destruction of personal data. These actions can be carried out in the following ways: in documentary, electronic, oral forms.

11.7. In order to implement the state policy in the field of personal data protection and in accordance with the Law of Ukraine “On Personal Data Protection” No. 2297-VI dated 01.06.2010, the Parties have the right to transfer the received personal data, both as part of the database and separately, to third parties only to fulfill the terms of this Offer and/or from the date of receipt of a request from a third party (regulatory authorities), and that the other Party, in this case, will not claim and will not be entitled to any remuneration or other type of compensation. The said consent is provided by the Party subject to the requirements of Articles 7, 8 and 11 of the Law of Ukraine “On Personal Data Protection” No. 2297-VI dated June 1, 2010 and is valid for an unlimited period of time and without restrictions on the territory of validity.

11.8. The Seller is exempted from the obligation to comply with the Privacy Policy regarding the Personal Data of the Site user/Buyer if he/she independently publicly discloses personal data.

11.9. The Seller has the right to disseminate the personal data of the Website user/Buyer if the information obtained from the personal data is socially necessary, that is, it is a matter of public interest, and the public’s right to know such information outweighs the potential harm from its dissemination.

11.10. The Seller has the right to disseminate the personal data of the Website user/Buyer with the appropriate written permission of the Website user/Buyer.

11.11. Personal data for the collection, accumulation, processing, storage and use of which the user of the Site/Buyer provides access to the Seller is stored indefinitely, unless otherwise provided by the legislation of Ukraine or his will.

11.12. Personal data for the collection, accumulation, processing, storage and use of which the Site user / Buyer has granted access to the Seller in shall be deleted or destroyed in the event of

– termination of the legal relationship between the Site user/Buyer and the Seller;

– issuance of a relevant order by the Ukrainian Parliament Commissioner for Human Rights or officials of the Secretariat of the Ukrainian Parliament Commissioner for Human Rights designated by him/her;

– entry into force of a court decision on the deletion or destruction of personal data.

12. SECURITY POLICY FOR CUSTOMER PAYMENT CARD DETAILS

12.1. When paying for services on the Website with a bank card, payment processing (including entering the payment card number, expiration date, CVV2/CVC2) takes place on the secure page of the processing system. Payment card data is transmitted to payment service providers only in encrypted form and is not stored on the Website and/or in the System.

12.2. The processing of confidential data (card details, registration and other data) of the Buyer is protected, any third party cannot obtain the Buyer’s personal and banking data through the service (Site, System) of the Seller.

12.3. When working with card data, the information security standard developed by the international payment systems Visa and Master Card – Payment Card Industry Data Security Standard (PCI DSS) is applied, which ensures the secure processing of the details of the bank card holder – the Buyer. The data transmission technology used guarantees the security of bank card transactions through the use of Secure Sockets Layer (SSL) protocols and other methods.

12.4. When performing a transaction using payment card details, the 3-D Secure protocol is used for additional authentication of the payment cardholder. If the Bank-issuer of the Buyer’s payment card supports this technology after entering payment data and consenting to the transaction, the Buyer will be redirected to the server of the Bank-issuer for additional identification.

12.5. The use by the Seller of the services of Acquiring Banks for accepting online payments and making credits to payment cards is carried out in accordance with the rules of the Visa and MasterCard International Payment Systems and in accordance with the principles of confidentiality and security of transactions using payment card data.

12.6. The Seller uses up-to-date methods of verification, encryption and data transmission via closed communication channels.

13. VALIDITY OF THE OFFER, OTHER TERMS AND CONDITIONS

13.1. This Offer shall come into force from the date of its posting on the Seller’s website and shall be valid indefinitely. The provisions of this clause shall also apply to additions (changes) to this Offer.

13.2. The Agreement shall be deemed concluded from the moment of acceptance of the Offer by checking the box “I agree with the Public Offer” or clicking the button “Go to payment”, and shall be valid until the Parties fully fulfill the obligations of this Agreement.

14. ADDRESS AND PAYMENT DETAILS OF THE SELLER’S BANK

14.1 Location of the Seller: 21, Krakivska St., Lviv, 79008, Ukraine;

bank account UA753005280000026003455078341 in JSC “OTP Bank”

EDRPOU code 300528