Terms&Conditions

Welcome to s.com.ua: art management & gallery.

s.com.ua and/or its affiliates provide its website features to you subject to the following terms and conditions. If you visit, place orders, make purchases at s.com.ua, you accept these terms and conditions.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING YOUR ORDER AND PRINT OR SAVE A COPY OF THEM, TOGETHER WITH YOUR ORDER, FOR FUTURE REFERENCE

 

TERMS AND CONDITIONS 

1. FORMATION OF THE CONTRACT

1.1. These terms and conditions (“Terms”) set out terms of sale on which “s.com.ua — postModern ArtGallery” (“s.com.ua”, “we”, “us”) supplies goods ordered from s.com.ua’s website at s.com.ua (the “Website”), also govern your use of the Website ("Terms of Use"), refer you to s.com.ua’s the Privacy Policy, which sets out how we use personal information you provide to us, and the Cookie Policy. The Privacy Policy is a part of these Terms.

1.2. These Terms should be read carefully by you before you place an order for goods from s.com.ua. You accept these Terms by registering on Website and by placing your order. If you do not agree to these Terms, you should not place an order.

1.3. These Terms, and any contract between us for the sale of goods to you, are only in the English language.

1.4. If you are a consumer, you must be at least 18 years old to order goods from the Website. By accepting these Terms you are confirming that you are no less than 18 years old. If you are using the Website to purchase goods on behalf of a business, by accepting these Terms, you confirm that you have authority to bind such business to a contract with s.com.ua for the purchase of goods.

1.5. To place an order on the Website and make a fast payment by card (“Fast Payment”), you will need to go through few stages:

1.5.1. Order

To place an order you will need to: add item to your shopping cart, choose a shipping country, consider the total amount and, if it is OK, click “Checkout”.

1.5.2. Delivery info

Then you should provide us with the delivery and billing information (name, address, phone number).

1.5.3. Payment method

At the moment on our Website we use the method of payment by debit or credit card via third party payment provider for administering payments on our behalf - currently LiqPay*.

(*web-interface LIQPAY,  publicly offered  by PUBLIC JOINT STOCK COMPANY "COMMERCIAL BANK "Privatbank" (Address: Ukraine, 49094, Dnipro, street Naberezhna Peremohy, bld.50, account  32009100400 at the regional department of the National Bank of Ukraine, registration certificate №02800016) on the basis of a license of National Bank of Ukraine №22, dated 04.12.2001, as money transfer services.)

Payment for the items (goods) and shipment/delivery charges can be made by any debit or credit card that is shown as acceptable on the Website at the time you place your order (presently being MasterCard, Visa, Maestro).

As s.com.ua uses a third party payment provider for administering payments on its behalf (currently LiqPay),  we have no access to your debit or credit card details.

1.5.4. Confirmation

You should confirm the ordered item information and the total amount of payment.

As a result of your confirmation of your order, you will be redirected to the page of the third party payment provider for administering payments on our behalf - currently LiqPay, where you can initiate your payment by your debit or credit card.

1.5.5. After you place an order and process your payment by card, s.com.ua will send an email to the address, you have provided, acknowledging receipt of your order. Please note that this does not mean that your order has been accepted and that your payment is finally finished.

As soon as the amount of your payment was received, s.com.ua will confirm acceptance of your order by sending you an email confirming that (“Order Acceptance E-mail”). s.com.ua shall not be under any obligation to accept your order, and the contract between you and s.com.ua for the sale of goods will only be formed once s.com.ua has sent you such Order Acceptance E-mail.

 

1.6. If you prefer to use a bank transfer or PayPal payment as a payment method, at first you should send us —on info@s.com.ua — your enquiry with a link to the item, you are interested in,  and its reference number. We will send on your email all details and discuss with you the most convenient for you process of payment and shipping/delivery.

1.7. Any contract between you and s.com.ua is subject to your right of cancellation if you are a consumer (see 5.1. below).

1.8.  s.com.ua may change these Terms without notice to you in relation to future sales. Please check these Terms every time you wish to order goods from our Website to ensure you understand the terms which will apply at that time.

 

2. AVAILABILITY, DESCRIPTION, SPECIFICATION AND PRICE OF THE GOODS

2.1. All artworks/goods/items are subject to availability. If on receipt of your order the items you have ordered are not in stock**, s.com.ua will inform you as soon as possible, and refund you for any sum that has been paid by you or debited from your credit or debit card for the items (including the shipping/delivery cost, if it was paid).

** we carefully control all items on their actual availability to be purchased via fast payment and mention all nuances (individual for every item) in their descriptions. But, when suddenly we find some damages or other force-majors with the artwork, we will consider such situation as an unexpected unavailability of the ordered item (as “not in stock”).

2.2. The description and specification of the goods you order will be as shown on the Website at the time you place your order.

2.3. Subject to 2.4. below, the price of the goods will be the price quoted on the Website at the date the order is received. All prices are quoted in Ukrainian hryvnia and have equivalents in USA dollars and euro, are exclusive of shipment or delivery charges, which will be added to the price of the goods on confirmation of the shipping country, delivery address and prior to you making payment.

2.4. Every effort will be made to ensure that prices shown on the Website are accurate at the time you place your order. If an error is found prior to dispatch of the goods, s.com.ua will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, s.com.ua will refund you for any sum that has been paid by you or debited from your credit or debit card for the goods and their delivery to you.

2.5. The price of the goods shown on the Website is inclusive of VAT (where applicable) at the relevant rate chargeable in Ukraine at the date of your order, if there is mentioned “incl. VAT” on the Website. Where the goods are supplied for export from Ukraine, any VAT added to the goods will be deducted from the price of the goods upon confirmation of the delivery address and prior to you making payment.

2.6. Where the goods are supplied for export from Ukraine, you will be responsible for complying with all applicable laws and regulations governing the importation of the goods into the country of destination and for the payment of any import duties or taxes which are levied on them.

3. PAYMENT

3.1. Payment for the goods and shipment/delivery charges can be made:

3.1.1. by any debit or credit card that is shown as acceptable on the Website at the time you place your order (presently being MasterCard, Visa, Maestro). s.com.ua uses a third party payment provider for administering payments on its behalf (currently LiqPay), we have no access to customers’ debit or credit card details (see 1.5. above).

OR

3.1.2. via bank transfer, via PayPal payment (see 1.6. above).

3.2. If, where permitted by these Terms, you wish to receive a refund for the goods, you will need to provide s.com.ua with details of the debit or credit card used for the purchase of the goods.

4. SHIPPING, DELIVERY AND RISK

4.1. The goods you order will be delivered to the delivery address you give when you place your order, subject to confirmation of acceptance of your order by s.com.ua.

4.2. Shipping and deliveries are subject to prior confirmation of your payment.

4.3. Shipping rates on the Website are based on artworks weighing to 10 KG. If your ordered artwork is heavy or over-sized, we may contact you to let you know that extra shipping is required. International shipping rates are based on the works being able to be shipped via DHL or EMS. Over-sized or heavy works to be shipped by air mail will require additional postage. Additional postage is quoted at cost.

4.2. All artworks, editions or other work (“Items” or “Item”) ordered from s.com.ua shall be sent to you via a secure shipment and courier service. s.com.ua shall endeavor to deliver Items within the Ukraine within 14 days after receiving payment from you and outside Ukraine within 21 days of receiving your payment, or within such other period indicated at the time you place your order.

4.3. Shipping speeds are estimates based on the shipping companies' delivery times and cannot be guaranteed. If your order will pass through Customs, please expect a delay. Any applicable Customs duties or brokerage fees are the responsibility of the customer. If local sales taxes apply, or if the artwork is heavy or over-sized and requires additional shipping, we may contact you about extra charges.

4.4. If delivery cannot be made to the delivery address provided, s.com.ua will inform you as soon as possible, and refund you for any sum that has been paid by you or debited from your credit card for delivery.

4.5. If there is no one available at the delivery address to accept delivery of the goods, you will be asked to re-arrange delivery for an alternative date or to collect the goods from a specified place. If you wish the goods to be redelivered to you, you shall be liable for the costs of re-delivery and the goods shall not be re-delivered until s.com.ua has received payment in full for such costs.

4.6. A signature will be required on delivery of all s.com.ua’s Items. Receipt of a signature at the delivery address for any Item and/or publications ordered by you shall be proof that the order has been delivered to you.

4.7. Every effort will be made to deliver the goods within the time periods specified above. If s.com.ua is unable to deliver the goods within such time periods, s.com.ua will inform you as soon as possible of the revised estimated delivery date and you will be entitled to cancel the order and obtain a refund for any sum that has been paid by you or debited from your credit or debit card for the goods and their delivery to you.

4.8. You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.

5. YOUR RIGHT OF CANCELLATION AS A CONSUMER

5.1. If you are a consumer, you have the right to cancel the contract with s.com.ua at any time up to the end of fourteen working days after you receive the goods (Items) and in accordance with this clause 5. A working day is any day other than a Saturday, Sunday or public holiday in Ukraine.

5.2. To exercise your right of cancellation, you must give written notice to s.com.ua by hand or post or email, to the address or email address shown at 11 below, giving details of the goods ordered and (where appropriate) their delivery.

5.3. If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to s.com.ua at your own cost, in unused and otherwise re-saleable condition. The goods must be returned to the address shown at 11 below by the same shipment or courier service, if you are returning editions or other artwork, or by registered post if you are returning publications. The goods must be adequately sealed in the original packaging and you must take reasonable care to ensure the goods are not damaged whilst in your possession or in transit.

5.4. Once you have notified s.com.ua that you are cancelling the contract, s.com.ua will refund you within 30 days of receiving notice of such cancellation for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.

5.5. If you do not return the goods as required after exercising your right of cancellation, s.com.ua may charge you for the direct costs of recovering the goods.

5.6. You do not have the right to cancel the contract if the order is for audio or video recordings which have been unsealed by you or for goods which are custom-made or clearly personalized or by their nature cannot be returned or are liable to deteriorate or expire rapidly.

6. NO RIGHT OF RESALE

6.1 If you are a consumer, we only supply the goods for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purposes.

6.2 If you are a business, we only supply goods for internal use by your business. You agree not to use the goods for any re-sale purposes.

7. PUBLIC DISPLAY OF EDITIONS OR ARTWORK

You are not permitted to display or to authorize any display of any edition or other artwork purchased by you in a commercial manner without the prior written consent of s.com.ua on behalf of the artist of such edition.

8. INTELLECTUAL PROPERTY

In purchasing any goods from the Website, you are not granted any right to any copyright or other intellectual property rights in the goods. Please note that in respect of any edition or other artwork purchased by you, the artist of such edition or artwork has asserted their right to be identified as the author of such edition.

9. LIABILITY

9.1. Nothing in this clause 9 or otherwise in these Terms shall exclude or limit our liability for: death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation;; or defective products.

9.2. Subject to 9.1. above, except as expressly stated in these Terms, to the fullest extent permitted by law, we hereby exclude:

9.2.1. all conditions, warranties and other terms which might be implied into these Terms by law or otherwise;

9.2.2. any liability for any business loss or damage or any indirect or consequential loss or damage suffered by you in connection with your order of goods, including loss of revenue, loss of profit, or loss of business, and whether caused by tort (including negligence), breach of contract or otherwise.

9.3. Subject to 9.1. above, s.com.ua shall not be responsible for any defect in the goods arising from fair wear and tear, willful damage, accident, or negligence by you or any third party. Subject to the foregoing, if the goods supplied to you are in any way defective or you have any other complaint about the goods, you should, in the first instance, contact s.com.ua by phone or post or email in accordance with the contact details at 11 below.

9.4. s.com.ua shall not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond s.com.ua’s reasonable control.

9.5. If you are a consumer, you will have legal rights in relation to goods that are defective or not as described. These legal rights are not affected by these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

10. MARKETING COMMUNICATIONS

s.com.ua would like to notify you of the availability of new editions and similar artwork that may be of interest to you from time to time. We would also like to send you the s.com.ua Newsletter. If you would like to be notified of new editions and similar artwork and/or subscribe to our Newsletter, please tick the relevant box on the screen shown before you make payment. You will be able to unsubscribe from such notifications or the Newsletter at any time by notifying us in writing at the address or email address shown at 11 below.

11. S.COM.UA’S CONTACT DETAILS

If you have any queries about your purchase of goods (Items), these Terms or any other aspect of our Website you can phone us on + 380934145855, email us at info@s.com.ua, or write to us at “s.com.ua – postModern ArtGallery”, Provulok Kovalskyi 19, 03056 Kyiv, Ukraine. We will endeavor to respond as quickly as possible.

12. GENERAL

12.1. s.com.ua may transfer its rights and obligations under a contract made with you pursuant to these Terms to another organization, but this will not affect your rights or obligations under these Terms.

12.2. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

12.3. These Terms are not intended to and shall not create any rights enforceable by any person other than the person who is party to the contract with s.com.ua for the supply of goods.

12.4. If any court or relevant authority finds that any of these Terms is unlawful or unenforceable, the validity and enforceability of the other Terms shall not be affected.

12.5. No failure by us to exercise any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.

12.6. These Terms and the supply of the goods by s.com.ua and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with Ukrainian law, and the Ukrainian courts will have non-exclusive jurisdiction in respect of any such dispute or claim.

13. TERMS OF USE of our Website (also “site”)

ELECTRONIC COMMUNICATIONS

When you visit s.com.ua or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on our Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of s.com.ua or its content suppliers and protected by international copyright laws.

TRADEMARKS

S.COM.UA and other s.com.ua graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of s.com.ua in Ukraine and/or other countries. All other trademarks not owned by s.com.ua that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by s.com.ua.

LICENSE AND SITE ACCESS

s.com.ua grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of s.com.ua. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of s.com.ua. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of s.com.ua without express written consent. You may not use any meta tags or any other "hidden text" utilizing s.com.ua's name or trademarks without the express written consent of s.com.ua. Any unauthorized use terminates the permission or license granted by s.com.ua. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of s.com.ua so long as the link does not portray s.com.ua, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any s.com.ua logo or other proprietary graphic or trademark as part of the link without express written permission.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. s.com.ua reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY S.COM.UA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. S.COM.UA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

14. These Terms were last updated on 21.10.2016.