Last updated July 17, 2023
PUBLIC AGREEMENT (offer) for the sale of Goods
This agreement is an official and public offer of the Seller to conclude a contract for the sale of the Goods presented on the website https://crearta.gallery/en (the 'Site' or the 'Service'). The Founder of Crearta is Zemine Bayramova, doing business as CREARTA and CREARTA art gallery ('Company', 'Seller', 'we', 'us', or 'our'), a Private Entrepreneur, ID 2954918625, registered in Ukraine at 168 Robocha Street, 1d, Dnipro, Ukraine, 49000. You can contact us by phone at +380970309999, by email at moc.liamg%40tra.atraerc, or by mail at 168 Robocha Street, 1d, Dnipro, Ukraine, 49000.
This Agreement with other public documents constitutes a legally binding public agreement under the Article 633 of the Civil Code of Ukraine made between Buyer, whether personally or on behalf of an entity ('you' or 'Buyer'), and Private Entrepreneur Zemine Bayramova, concerning your access to and use of the Services.You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of this Agreement. IF YOU DO NOT AGREE WITH ALL OF THIS AGREEMENT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Agreement consists of:THIS PUBLIC OFFER AGREEMENT;PRIVACY POLICY;SHIPPING POLICY; andCOOKIE POLICY.
Terms of the Agreement are the same for all Buyers, regardless of their status (individual, individual entrepreneur) without preference for one buyer over another. By concluding this Agreement, the Buyer fully accepts the conditions and procedure for placing an order, payment for goods, delivery of goods, return of goods, liability for an unfair order and all other terms herein.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Services or buy Goods.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1. Definition of terms.
1.1. A public offer (hereinafter referred to as the 'Offer') is a public offer of the Seller, addressed to an indefinite circle of persons, to conclude an agreement for the sale of Goods remotely with the Seller (hereinafter referred to as the “Agreement”) on the terms contained in this Offer.1.2. A product ('Goods', 'Artwork', 'Paintings', 'Handmade items') is a product or service that is the object of an agreement between the parties, which was selected by the Buyer on the Site of the online store and placed in the basket, or already purchased by the Buyer from the Seller remotely.1.3. The Collection of Goods is a collection of united works of fine art. The collection may include different genres, styles and techniques that are characteristic of contemporary artists and reflect trends, ideas and cultural contexts. For example, a collection of modern art paintings is a collection of paintings created relatively recently, at the modern stage of art development.1.4. Online store – the Seller’s Site at https://crearta.gallery/en was created to conclude retail and wholesale sales contracts based on the Buyer’s familiarization with the description of the Goods proposed by the Seller using the Internet.1.5. The buyer is a capable natural person who has reached the age of 18, receives information from the seller, places an order for the purchase of goods that are presented on the Site of the online store, or is an individual entrepreneur.1.6. The seller is Crearta which is registered and carries out economic activities in accordance with the current legislation of Ukraine. The seller could be another person or entity that wants to sell Goods through the Service.
2. The subject of the Agreement.
2.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.2.2. The date of conclusion of the Agreement (offer acceptance) is the fact that User uses the Site and occurs at the time of the start of such use, namely, the User goes to the Site address using a web browser or any other program and/or technical devices that make it possible to display the content of the Site's web pages.2.3. The date of the order of the Goods and the moment of complete and unquestionable acceptance by the Buyer of the conditions of a specific offer for the purchase and sale of a specific Goods is the date the Buyer fills out the order form posted on the Site, provided that the Buyer receives an order confirmation from the Seller in electronic form.
3. The Goods.
3.1. We make every effort to display as accurately as possible the colors, features, specifications, and details of the Goods available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
4. Placing the order.
4.1. The Buyer independently places an order in the online store through the 'Basket' form.4.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicion about their validity.4.3. When placing an order on the Site of the online store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to complete the order:● Surname, name of the Buyer;● Contact number;● Email;● Buyer’s billing address;● Delivery address.4.4. The name, quantity, and price of the Goods chosen by the Buyer are indicated on the Site of the online store.4.5. If any of the Parties to the Agreement needs additional information, such Party has the right to request it from the other Party. If the Buyer fails to provide the necessary information, as well as if incorrect data is specified when placing an order, the Seller is not responsible for providing a quality service to the Buyer when purchasing goods in the online store.4.6. The order is completed by entering the relevant data by the Buyer through the “Basket” form when placing an order on the Site of the online store, provided that the Buyer receives an order confirmation from the Seller in electronic form.4.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.4.8. By concluding the Agreement, that is, accepting the terms of this offer (the proposed conditions for the purchase of the Goods), by placing an Order, the Buyer confirms the following: a) the Buyer is fully acquainted and agrees with the terms of this offer (offer); b) he gives permission to collect, process and transfer personal data, permission to process personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its expiration if needed by applicable law. In addition, by concluding an agreement, the Buyer confirms that he is notified (without additional notice) of the rights established by the Law of Ukraine “On the Protection of Personal Data”, of the purposes of data collection, and that his personal data is transferred to the Seller in order to be able to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as to receive invoices, acts, and other documents (if applicable). The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional messages from the Buyer in order to fulfill the Buyer’s order. The scope of the rights of the Buyer as a subject of personal data in accordance with the Law of Ukraine “On the Protection of Personal Data” is known and understandable to him.4.9. Users from other locations than Ukraine please read carefully Privacy Policy.4.10. Orders are processed by the Seller from the moment of their receipt:● up to 5 (five) working days for shipments across Ukraine;● up to 21 (twenty-one) working days for shipments outside of Ukraine.4.10.1. When sending the order, the Seller sends the Buyer a message by e-mail.4.11. Cancellation of the order is possible before the Goods are sent to the Buyer.
5. Price and delivery.
5.1. Prices for Goods are determined by the Seller independently and are indicated on the Site. All prices for goods and services are indicated on the Site in US dollars.5.2. Prices for goods and services may be changed by the Seller unilaterally, while the price of an individual unit of the Goods, the cost of which is paid by the Buyer in full, cannot be changed by the Seller unilaterally. Unless we reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.5.3. The cost of the Goods indicated on the Site includes the cost of delivering the Goods to the Buyer within the territory of Ukraine. International delivery is paid by the Buyer.5.4. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the funds are settled to the Seller’s account.5.5. Settlements between the Seller and the Buyer for the Goods are carried out in the ways indicated on the Site of the online store in the “Basket” section.5.6. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with qualitative and quantitative characteristics (name of goods, quantity, completeness).5.7. The Buyer or his representative, by the fact of receiving the Goods, confirms that he has no claims to the quantity of the Goods, appearance and completeness of the Goods.5.8. Ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer upon receipt of the Goods.5.9. For more information about delivery please read Our Shipping Policy.
6. Rights and obligations of the Parties.
6.1. The seller is obliged:6.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.6.1.2. Do not disclose any private information about the Buyer and do not provide access to this information to third parties, except as required by law and this Agreement and when fulfilling the Buyer’s Order.6.2. The seller has the right:6.2.1. Change the terms of this Agreement, as well as the prices for Goods (Services) unilaterally by placing them on the Site. All changes come into force from the moment of their publication. 6.3. The Buyer undertakes:6.3.1. By the time the Agreement is concluded, familiarise yourself with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Site of the online store.6.3.2. In fulfilment by the Seller of its obligations to the Buyer, the latter must provide all the necessary data uniquely identifying him as the Buyer and sufficient to deliver the ordered Goods to the Buyer.
7. Return of Goods.
7.1. Goods of proper quality.7.1.1. We provide a 14-day return period starting from the date of delivery, with the exception of goods from collections, made-to-order Goods or Digital Goods for which a return is not possible.7.1.2. If taxes and customs duties were paid by the Buyer they will not be refunded by the Seller. The Buyer also has to bear any taxes and customs duties as a result of the return of the Goods.7.1.3. Goods have to be returned by the Buyer in perfect condition and in their original or equivalent packaging. Returned Goods that are damaged or dirtied by the Buyer shall not be accepted nor refunded.7.1.4. A refund requested due to a minor variation in color is not acceptable. As all Artworks are individually handmade and two Artworks can never be the same.7.1.5. To be eligible for a return of an item, the item must be unused and in the same condition in which it was received by the Buyer. The product must be in its original packaging and have a receipt or proof of purchase.7.1.6. The Buyer is obliged to pay for the return shipping to the Seller. The Buyer’s funds are returned by the Seller within 5 (five) days from the date of receipt of the goods by the Seller. The refund is made to the Buyer’s card with which the payment for the goods was made. Any bank commissions paid or exchange rate difference at the time of payment and refund are on the Buyer's side. Currency conversion from hryvnia to any other currency takes place on the side of the Buyer's bank. This happens automatically on the side of the payment service and the Seller does not have access to this information, therefore, when the payment is returned, there may be very small deviations from the amount of the initial payment, both higher and lower. 7.1.7. If you decide to return the Goods, please ensure that the Goods are in their original condition (the same physical condition in which you received it). For more information or to arrange a return, please contact us by phone at +380970309999, by email at moc.liamg%40tra.atraerc, or by mail at 168 Robocha Street, 1d, Dnipro, Ukraine, 49000, and indicate the number of the order and the reason for the return. The Seller is obliged to respond to the Buyer’s e-mail within 48 hours after receipt of the letter from the Buyer about the return of the Goods.
7.2. The Goods were damaged during delivery.7.2.1. Upon receipt of the package, the Buyer must notify the delivery person of any damaged package. The Buyer must then carefully unpack the work and inspect it. The buyer agrees to report any damage to the Seller, within 24 hours after delivery, and provide photos to show the condition of the package and the work. The Buyer must in particular provide the following elements, which will be necessary in order to complete a file with the carrier:● the photos of the packaging (each side);● photos of shipping labels;● the photos that show the damaged parts of the Goods.7.2.2. Upon reception of the report, Seller will make every effort to find a solution with the Buyer.7.2.3. Package damaged, not reported within 24h after delivery. The buyer is responsible for examining the package thoroughly and reporting any damage within 24 hours after delivery. The return policy does not cover damaged items that were not notified within the specified deadline.
7.3. The Digital Goods.7.3.1. In the case of a purchase of digital artwork in the online store, it is available for download within 24 hours from the moment the order is confirmed by the Seller. All digital Goods purchased on the site cannot be returned or exchanged.7.3.2. The Seller reserves the exclusive right to determine the improper quality of any file and undertakes to contribute to the resolution of the dispute in the event of quality claims. 7.3.3. Payment for the purchased digital product (file) is non-refundable to the Buyer after the purchase is made.
7.4. Items not eligible for the return policy:7.4.1. Custom orders or made-to-order works made especially for Buyer.7.4.2. Goods from the Collections. 7.4.3. Prints on demand.7.4.4. Virtual and/or digital goods.7.4.5. Items damaged, unless the report was made within 24h after delivery.
8. Intellectual Property Rights.
8.1. We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks'). 8.2 Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Ukraine and around the world.8.3. The Content and Marks are provided in or through the Site 'AS IS' for your personal, non-commercial use or internal business purpose only.8.4. Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and/or the other Content provider. We will strongly protect our/its rights in all countries.8.5. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever any of the Content, in whole or in part, except as is expressly permitted in this agreement or without our express prior written permission.8.6. Subject to your compliance with this Agreement, including the 'Prohibited Activities' section below, we grant you a non-exclusive, non-transferable, revocable license to access the services on the Site solely for your personal, non-commercial use or internal business purpose.8.7. Any breach of these Intellectual Property Rights will constitute a material breach of our Agreement and your right to use our Services will terminate immediately.
9. Prohibited Activities.
9.1. You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.9.2. As a user of the Services, you agree not to:9.2.1. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.9.2.2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive information.9.2.3. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.9.2.4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.9.2.5. Use any information obtained from the Services in order to harass, abuse, or harm another person.9.2.6. Use the Services in a manner inconsistent with any applicable laws or regulations.9.2.7. Engage in unauthorized framing of or linking to the Services.9.2.8. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.9.2.9. Engage in any automated use of the system, such as using any data mining, robots, or similar data gathering and extraction tools.9.2.10. Delete the copyright or other proprietary rights notice from any Content.9.2.11. Attempt to impersonate another user or person or use the username of another person.9.2.12. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').9.2.13. Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.9.2.14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.9.2.15. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.9.2.16. Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.9.2.17. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.9.2.18. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.9.2.19. Use a buying agent or purchasing agent to make purchases on the Services.9.2.20. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.9.2.21. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.9.2.22. Use the Services to advertise or offer to sell goods and services.9.2.23. Sell or otherwise transfer your order.9.2.24. As a site visitor, you are strictly prohibited from copying any images, materials, paintings, and other items found on the Site. Please note that all images, materials, paintings, and other items are protected by copyright laws.
10. Responsibility.
10.1. The Seller is not responsible for damage caused to the Buyer or third parties due to improper use of the Goods purchased from the Seller.10.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations if the Buyer provides false or false information.10.3. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.10.4. The Seller or the Buyer is released from liability for full or partial failure to fulfill their obligations if the failure is the result of force majeure circumstances such as war or hostilities, epidemic, earthquake, flood, fire, and other natural disasters that arose regardless of the will of the Seller and/or the Buyer after the conclusion of this agreement. The Party that cannot fulfill its obligations shall immediately inform the other Party about it.
11. Privacy and protection of personal data.
11.1. We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.11.2. By providing his personal data on the Site when placing an Order, the Buyer provides the Seller with his voluntary consent to the processing, and use (including transfer) of his personal data, as well as other actions provided for by the Law of Ukraine “On the Protection of Personal Data”, without limiting the duration of such consent.11.3. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation to provide the Seller with information to counterparties and third parties acting on the basis of an agreement with the Seller, including to fulfill obligations to the Buyer, as well as in cases where disclosure of such information is required by the requirements of the current legislation of Ukraine.11.4. The buyer is responsible for keeping his data up to date.11.5. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.11.6. For more information or if your location is different than Ukraine please read carefully our Privacy Policy.
12. Terms and termination.
12.1. This Agreement shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.12.2. In addition to terminating or suspending your activity, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13. Modifications and Interruptions.
13.1. We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.13.2. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in this Agreement will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
14. Governing Law and Dispute Resolution.
14.1. This Agreement shall be governed by and defined following the laws of Ukraine. The courts of Ukraine shall have exclusive jurisdiction to resolve any dispute which may arise in connection with the Agreement.14.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller has the right to apply for the resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.14.3. Crearta shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, into another court or authority according to the international legislation rules.
15. Corrections.
15.1. There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
16. Disclaimer.
16.1. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES (OR MOBILE APPLICATIONS) LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE (OR MOBILE APPLICATION) FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
17. Limitations of Liability.
17.1. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE GOODS BUT IN ANY WAY NO MORE THAN 500 US DOLLARS.
18. Electronic Communications, Transactions, and Signatures.
18.1. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
19. Miscellaneous.
19.1. This Agreement and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of this Agreement or use of the Services. You agree that this Agreement will not be construed against us by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.19.2. Amendments to the Agreement may also be made in writing by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.