PUBLIC OFFER AGREEMENT
The management of this website https://pride-salon.com/ (hereinafter referred to as the "Site") is carried out by the individual entrepreneur Yuliya Volodymyrivna Sydoruk, excerpt from the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Organizations No. 577811106090, dated August 28, 2024, who is registered and operates in accordance with the legislation of Ukraine (hereinafter referred to as the "Service Provider").
This Public Offer Agreement (hereinafter referred to as the "Offer", "Agreement") constitutes the official open proposal of the Service Provider to enter into a Service Agreement by accepting (agreeing to) this Offer on the Site.
1. DEFINITIONS
1.1. This section defines the interpretation of the terms and definitions listed below, which are used in this Agreement.
1.1.1. "Site" – the webpage located at the domain name: https://pride-salon.com/ and managed by the Service Provider, including the totality of all information, texts, graphic elements, design elements, images, photos, videos, and other intellectual property posted on the Site, as well as the informational and technical means of the Site. The term "Site" also includes links to other open or closed web resources where the Service Provider posts materials or information.
1.1.2. "Agreement", "Offer" – the document published on the Site on the internet, which regulates the relationships between Users, Clients, and the Service Provider during the provision of services.
1.1.3. "Service Provider" – the authorized person who exercises control over this Site and offers services to an unlimited number of individuals (Users).
1.1.4. "User" – any individual who has access to the Site and uses it via the internet.
1.1.5. "Client" – a User who has accepted this Offer and is the recipient (consumer) of services under this Agreement.
1.1.6. "Services" – services provided by the Service Provider, as specified by the Service Provider in the relevant section of the Service Provider's Site titled "Services": https://pride-salon.com/#price.
1.1.7. "Financial Agent" – a company providing an internet payment service that may be integrated into the functionality of the Site for the Client to pay for the services provided by the Service Provider.
1.1.8. "Telegram" – an instant messaging system that allows the exchange of text, graphic, audio, and audiovisual messages, as well as files of other formats, developed by Telegram FZ-LLC.
1.1.9. "Viber" – an instant messaging system that allows the exchange of text, graphic, audio, and audiovisual messages, as well as files of other formats, developed by Viber Media S.à r.l.
1.1.10. "Service Provider's Telegram Chat" – a chat in the "Telegram" system that allows the exchange of text, graphic, audio, and audiovisual messages, as well as files of other formats, within the services provided by the Service Provider under this Agreement.
1.2. All definitions, terms, and expressions not defined in this section shall be interpreted in accordance with the applicable laws of Ukraine, and if no such definition exists, in their usual meaning.
2. TERMS OF ACCEPTANCE OF THE OFFER
2.1. This Agreement is public, according to Articles 633, 641 of the Civil Code of Ukraine (hereinafter – "CC of Ukraine"), and its terms are the same for all Clients. The unconditional acceptance of the terms is considered the acceptance of this offer by the Client, for which the Service Provider publishes this Agreement.
2.2. A person (User) who accepts the offer acquires all the rights and obligations of the Client in accordance with Article 638 of the Civil Code of Ukraine. The acceptance of this Offer occurs when the Client registers for receiving the Services or makes a prepayment (if such an option is provided by the Site's functionality). From the moment of acceptance, this Agreement is considered concluded between the Client and the Service Provider.
2.3. The acceptance of this Offer means that the Client is fully familiar with the terms of this Agreement and the payment system rules of the Financial Agent, the specifics of the Site’s operation, and acknowledges the Site's suitability for performing actions and achieving the goals specified in this Agreement. Furthermore, the acceptance of this Offer is equivalent, according to Part 2 of Article 642 of the Civil Code of Ukraine, to the conclusion of a bilateral written agreement under the terms set forth in this Offer.
3. SUBJECT OF THE OFFER
3.1. The subject of this Offer is the paid provision of Services by the Service Provider to the Client, in accordance with the terms of this Offer, for a fee paid by the Client to the Service Provider.
3.2. The Services provided by the Service Provider include comprehensive male grooming, including haircuts, hand and foot care, podiatric services, as well as other related Services, which are detailed on the Site.
3.3. The Service Provider determines at their discretion and posts various variations of the Service package on the Site, which may differ in scope, content, duration, and cost. The current and available Services for ordering, their variations, formats, and costs are posted on the Site. Additionally, the Service Provider, based on the assessment of the Service volume, may individually notify each Client of the cost of the provided Services via the Site or through chat support.
3.4. The provision of Services may be carried out through personal registration on the Site or via chat support.
4. TERM AND PROCEDURE FOR PROVIDING SERVICES
4.1. The Services under this Agreement are provided by the Service Provider based on the specifics and characteristics of the Services selected by the Client, as well as according to the schedule agreed upon when making the booking.
4.2. The term and details of providing the Services under this Agreement are also determined by the specifics and characteristics of the selected and paid Service by the Client. Such information must be posted by the Service Provider on the Site in the information block of available Services. The Service Provider may, at their discretion, change the cost, variations, service time, or format of the Services.
4.3. The provision of Services under this Agreement takes place on the date and time selected by the Client when making the booking on the Site. Services are provided without prepayment unless otherwise specified by the Site’s functionality. If the Site allows for prepayment, the Services will only be provided after the Client has made full payment according to the terms of this Agreement.
4.4. The proper provision of Services is considered confirmed in the absence of written, reasoned claims from the Client within 24 hours after the actual provision of the Service. If no such claims are made, the Services are considered properly provided and in full without the need for signing a separate act.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Service Provider is obligated to:
5.1.1. Provide the Client with the Services in accordance with the terms of this Agreement, the order placed on the Site, and the applicable laws of Ukraine;
5.1.2. In accordance with the execution of the Agreement and within the service provision period, ensure the delivery of Services to the Client;
5.1.3. Provide the Services that are included in the order selected and paid for by the Client;
5.1.4. Strictly maintain the confidentiality of any personal and/or confidential information received from the Client while providing Services under this Agreement, in accordance with the Privacy Policy and Personal Data Protection posted on the Site;
5.2. The Service Provider has the right to:
5.2.1. Unilaterally modify the content of the Site, as well as change and supplement the content of the Services for the Client, including the price depending on the volume;
5.2.2. Unilaterally change and supplement the terms of this Agreement without prior agreement with the Client/User or any other notice;
5.2.3. Involve third parties to fulfill its obligations under the Agreement;
5.2.4. Determine the internal work schedule, list of available masters for appointments, and their changes;
5.2.5. Require payment for the Services in accordance with the terms of this Agreement;
5.2.6. Unilaterally terminate this Agreement in the cases and procedure provided for by this Agreement.
5.3. The Client is obligated to:
5.3.1. Pay for the Services under the terms and procedure established by this Agreement;
5.3.2. Accept the Services from the Performer as they are provided, in accordance with the terms of this Agreement;
5.3.3. Show respect to the Performer, other Users, and Clients;
5.3.4. When placing an order for the Services, provide the Performer with accurate and truthful information necessary to contact the Client in the context of providing Services under this Agreement, namely: surname and first name, email address, contact phone number, and other information specified on the Site;
5.3.5. Arrive at the salon at the specified time or notify in advance about the cancellation/rescheduling of the appointment;
5.3.6. Not interfere with the proper execution of the Services by the Performer’s staff.
5.4. The Client has the right to:
5.4.1. Receive properly provided Services in accordance with the terms of this Agreement;
5.4.2. Request information regarding Services, schedule, prices, and payment terms;
5.4.3. Request information from the Performer regarding matters related to the organization and provision of proper Services as outlined in this Agreement.
6. COST OF SERVICES AND PAYMENT PROCEDURE
6.1. The cost of Services provided by the Performer and available for order is indicated on the Site or communicated to the User/Client via personal messages on Telegram/Viber or by email. The cost may be changed by the Performer at their discretion at any time unilaterally. The updated cost becomes effective from the moment it is published or sent to the User/Client and applies only to services ordered after the new cost has been published.
6.2. If the Services were not prepaid by the Client (for instance, due to the lack of technical ability to make a payment through the Site), payment for the Services is made after they are provided directly at the Performer’s salon. If there is a technical possibility for prepayment through the Site, payment is made in the form of 100% prepayment to the Performer’s bank account or via an electronic payment system of the Financial Agent. If using the services of the Financial Agent, the payment procedure is subject to the rules defined by that Financial Agent.
6.3. The moment of full payment is considered to be when the full 100% of the Service cost is received by the Performer’s bank account or through the electronic payment system of the Financial Agent, if such a system is provided by the Site’s functionality, or when an actual cash/non-cash payment is made at the location where the Services are provided.
7. CONDITIONS AND PROCEDURE FOR REFUND
7.1. A refund of money by the Performer is made upon the Client's request before the Services are provided, sent to the Performer's email address specified in this Agreement, no later than the start of the Services, except in cases where the Services cannot be provided due to the fault of the Client.
7.2. A refund is made after deducting the actual expenses of the Performer at the time of the refund. Such actual expenses of the Performer include (but are not limited to), for example: the commission of the electronic payment system of the Financial Agent for the refund, actual expenses, and the cost of time spent by the Performer or their employees or authorized persons, etc.
7.3. A decision on the refund or refusal of the refund is made by the Performer within 3 (three) business days from the moment of receiving the Client's corresponding request.
7.4. The refunded money is returned to the Client's account from which the Services were paid, or to another account specified by the Client, within 14 (fourteen) business days after the refund decision is made.
7.5. Requests for refunds sent to the Performer during or after the completion of providing the Services will not be considered.
8. FORCE MAJEURE CIRCUMSTANCES
8.1. The Parties are relieved from liability for partial or full non-performance or improper performance of obligations under the Agreement if it is due to force majeure (fire, flood, earthquake, natural disasters, military actions, and other force majeure circumstances) (hereinafter referred to as "force majeure"). If these circumstances directly affect the performance of the Agreement, the performance shall continue for the period during which these circumstances existed.
8.2. If the force majeure circumstances continue for more than one month, each Party has the right to refuse further performance of its obligations under the Agreement. In this case, the Agreement is considered terminated if the Parties reach an agreement on the legal consequences, according to the terms of this Agreement.
8.3. The Party that cannot perform its obligations under the Agreement must notify the other Party in writing no later than 5 (five) business days of the occurrence of force majeure. The existence of force majeure circumstances must be confirmed by the necessary documents from the Chamber of Commerce and Industry of Ukraine or another authorized body of Ukraine.
8.4. Failure to notify or untimely notification about the occurrence or termination of force majeure circumstances deprives the Party of the right to refer to such circumstances as a basis for exemption from liability for breach of obligations under this Agreement.
9. CONFIDENTIALITY
9.1. All information related to the conclusion and execution of this Agreement is confidential, except for information that the Parties officially disclose in accordance with the laws of Ukraine.
9.2. During the term of the Agreement, and after its termination, the Parties must not provide third parties with or disclose in any other way confidential information obtained as a result of performing this Agreement.
9.3. The Party responsible for disclosing confidential information will bear responsibility under the laws of Ukraine and shall compensate for any damage caused by such disclosure.
10. DISPUTE RESOLUTION
10.1. All disagreements and disputes related to the execution of the terms of this Agreement shall be resolved by the Parties through negotiations.
10.2. If the Parties are unable to reach mutual agreement through negotiations, or if one of the Parties refuses to engage in negotiations, the dispute shall be submitted to the court for resolution in accordance with the laws of Ukraine.
11. TERM OF THE AGREEMENT AND TERMINATION PROCEDURE
11.1. This Agreement comes into effect upon acceptance by the Customer in accordance with paragraph 2.2 of this Offer and remains valid until the provision of the ordered Service by the Executor is completed or until the obligations of the Parties are fully fulfilled.
11.2. The Agreement may be terminated before its expiration by mutual consent of the Parties, in cases provided for by this Agreement, and in other cases stipulated by the laws of Ukraine.
11.3. The Agreement may be terminated between the Parties in the manner provided by the laws of Ukraine, as well as:
11.3.1. Unilaterally by the Executor if the Customer violates the terms of this Agreement. In this case, the funds paid by the Customer under this Agreement are non-refundable and are considered a penalty (fine) for the Customer’s actions.
11.3.2. Unilaterally by the Executor if the Customer violates the rules of conduct during the provision of Services under this Agreement, namely: the use of obscene language, rudeness, or insults towards the Executor. In this case, the funds paid by the Customer under this Agreement are non-refundable and are considered a penalty (fine) for the Customer’s actions.
11.3.3. Unilaterally by the Executor.
12. FINAL PROVISIONS
12.1. In the performance of this Agreement, the Parties are guided by the terms of the Agreement and the legislation of Ukraine.
12.2. This Agreement is a public offer agreement and an adhesion contract in accordance with the Civil Code of Ukraine, published on the Executor's Website in electronic form.
13. EXECUTOR'S DETAILS
INDIVIDUAL ENTREPRENEUR
Yuliya Volodymyrivna Sydoruk
Tax ID: 3655709683
Location:
Ukraine, 27200, Kirovohrad Region, Kropyvnytskyi District, Bobrinet City, Dachna St., Building 39
Contact Information:
Phone: +38(097)-692-14-22
Email address: cifromag805@gmail.com