Правила и Условия
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
1.2. 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:
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*.
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.
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
1.6. If you prefer to use a bank
transfer or PayPal payment as a payment method, at first you should send us —on firstname.lastname@example.org — 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
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
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
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).
3.1.2. via bank transfer, via PayPal payment (see 1.6.
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
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
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
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
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.
9.1. 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
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
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
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 email@example.com, or write to us at “s.com.ua: art management & gallery” / LLC "ILand management", Provulok Kovalskyi
19, 03056 Kyiv, Ukraine. We will endeavor to respond as quickly as possible.
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
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.
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.
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.
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 16.07.2019.