PUBLIC OFFER AGREEMENT
This Agreement is a public offer in accordance with Articles 633, 634, 641 and 642 of the Civil Code of Ukraine. Its terms are the same for all Customers and come into force from the moment of acceptance. LLC "Zenyk-Art Gallery", hereinafter referred to as the "Contractor", offers any individual or legal entity (hereinafter referred to as the "Customer") to conclude an agreement on the provision of gallery services on the terms set out below.
1. SUBJECT OF THE AGREEMENT
1.1. The subject of this Offer is the provision of the Customer with a service for the sale of electronic or paper tickets for exhibitions, events, excursions or other gallery events.
1.2. The Customer receives the right to attend the relevant event on the specified date and time according to the purchased ticket.
1.3. The sale of Tickets to the Customer is carried out exclusively under the terms of this Offer and only in the event of full and unconditional acceptance of the terms of this Offer by the Customer (acceptance of the Offer). Partial acceptance, as well as acceptance on other terms, is not allowed.
1.4. Refunds for Tickets purchased by the Customer are carried out exclusively in the cases and in the manner specified in this Offer and the current legislation of Ukraine. After acceptance and payment for the Ticket, the Customer agrees to the established terms of its return and exchange.
1.5. Before accepting the Offer, the Customer must be sure that all the terms of this Offer are clear to him and he accepts them unconditionally and in full.
1.6. The terms of this Offer are valid both for Customers who make payment via the website https://zag.com.ua/ and directly at the point of sale and do not depend on the form of payment.
2. TICKET PURCHASE AND RETURN PROCEDURE
2.1. The Buyer has the right to pay for Tickets by any of the methods offered by the Contractor, information about which is available on the Gallery's website and/or at the Gallery's Point of Sale.
2.2 The payment is considered made by the Customer at the time of confirmation of a successful transaction by the bank or payment system, or at the time of receipt of funds at the Point of Sale cash desk.
2.3. All conditions, including transfer or cancellation of the order, are determined by this Agreement and are binding on the Customer.
2.4. After payment for the Order in accordance with clause 2.2. of this Offer, the Order is considered sold and the Customer has the right to access the Event.
2.5. In case of refusal of the Customer from the excursion service, the Customer is obliged to notify the Contractor no later than 24 (twenty-four) hours before the scheduled time of the excursion.
Subject to compliance with the specified notice period, the Customer has the right to change the date and time of the excursion once, subject to their prior agreement with the Gallery staff. In case of failure to notify or notification in violation of the specified period, the service is considered to be provided properly.
2.6. Refunds for Tickets are made by the Contractor only in cases of cancellation (cancellation) of the event/exhibition.
2.7. Refunds in cases provided for in clause 2.6 of this Agreement are made within 10 (ten) business days from the moment of the Customer's application and receipt by the Contractor of a full package of documents required for the return.
2.8. Refund of funds to the Customer in the cases stipulated in clause 2.6 of this Agreement, in case of payment of the Order (Tickets) by non-cash method (bank card), takes place after the Customer provides full information to the email address info@zag.com.ua or at the point of sale. Full information consists of: electronic tickets, receipt of successful payment, copy of the document confirming the identity, as well as details of the bank card/account to which the refund should be made.
3. VISIT RULES
3.1. The Customer and visitors are obliged to comply with generally accepted norms of conduct, safety requirements and oral recommendations or instructions of the Contractor's staff.
3.2. It is prohibited to:
-damage exhibits, equipment, interior;
-touch art objects, unless otherwise permitted by the rules;
-bring food, drinks, flammable objects (unless otherwise provided for by the event).
3.3. The Contractor has the right to refuse to attend the event in case of violation by the Customer or visitors of the established norms of conduct or safety.
3.3.1. Entry to the Gallery and/or participation in the event is carried out exclusively with a valid Ticket in the form of a barcode or order number, presented in electronic or paper form. In the event of the absence or loss of the Ticket, as well as the impossibility of its identification in the system, the Contractor has the right to refuse admission to the Event without refunding the cost of the Ticket, unless otherwise provided by the current legislation of Ukraine.
3.4. The Gallery is pet-friendly, however, visits with animals are allowed only if the following rules are observed. The Customer and visitors are fully responsible for the behavior of their animals.
3.5. Visits with animals are allowed under the following conditions:
-the animal is on a leash or in a carrier;
-the animal does not show aggression and does not pose a threat to other visitors or staff.
3.6. It is prohibited to:
-allow animals to access exhibits, art objects and gallery equipment;
-allow an animal to move without the owner's control;
-bring animals in a state of illness or with signs of aggressive behavior.
3.7. The performer has the right to require a visitor with an animal to leave the gallery premises in case of violation of these rules or if the animal's behavior may cause damage to exhibits, property or other visitors. In such a case, the payment for the visit, participation in the event or other purchased ticket/service is not refundable or transferable.
4. COST AND PAYMENT OF SERVICES
4.1. The cost of tickets is determined by the Contractor and is indicated at the time of placing the order.
4.2. Payment is made by prepayment through online payment services or at the Gallery's point of sale.
4.3. The Contractor has the right to change tariffs. Changes do not apply to already paid tickets.
4.4. Refunds are made exclusively in accordance with the procedure and on the terms stipulated in this Agreement.
5. LIABILITY OF THE PARTIES
5.1. In case of failure to fulfill or improper fulfillment of their obligations under this Offer, the Parties shall be liable in accordance with the legislation of Ukraine and the terms of this Offer.
5.2. The Customer shall be fully liable for damage to exhibits, gallery premises, machinery, equipment or other property.
5.3. In case of intentional or negligent damage to property, the Contractor shall have the right to demand compensation for damages in full.
5.4. The Contractor shall not be liable for the Customer’s inability to attend the event for reasons beyond the Contractor’s control.
5.5. The Customer shall assume all possible commercial risks associated with his actions in making errors and inaccuracies in the personal data provided by him.
5.6. The Parties are exempt from liability for full or partial failure to fulfill their obligations under this Offer if such failure was a consequence of force majeure circumstances. Force majeure circumstances include extraordinary and unavoidable events that objectively make it impossible for the Parties to fulfill their obligations and are defined by the legislation of Ukraine, in particular by the Law of Ukraine “On Chambers of Commerce and Industry in Ukraine” and relevant regulatory legal acts. Force majeure circumstances are recognized, in particular, but not exclusively: natural disasters, fires, floods, earthquakes, war, martial law, terrorist acts, mass riots, strikes, epidemics, decisions of state authorities or local governments that make it impossible to fulfill obligations.
The fact of the occurrence of force majeure circumstances must be confirmed by a certificate of the Chamber of Commerce and Industry of Ukraine or a regional chamber of commerce and industry. For the period of validity of such circumstances, the terms of performance of obligations under the Agreement shall be extended for the duration of their validity. The Parties shall not have mutual claims regarding non-performance of obligations caused by the action of such circumstances.
5.7. All claims or lawsuits related to this Offer must be filed in writing within 10 (ten) calendar days from the date of their occurrence. After the expiration of the specified period, the claims will not be considered by the Contractor.
6. SPECIAL PROVISIONS REGARDING TICKETS (ELECTRONIC TICKETS)
6.1. When purchasing an Electronic Ticket, the Customer in any case undertakes to provide his/her valid e-mail address, telephone number, and also to indicate his/her surname and first name of the Ticket Recipient (in some cases, passport data, if there are such requirements in accordance with the Laws of Ukraine). In case of failure to provide such information (valid e-mail addresses, telephone numbers, surname and first name of the Customer and Ticket Recipient, passport data), as well as in case of providing false or invalid information, the Contractor has the right to refuse the Customer from purchasing the Electronic Ticket.
6.2. The Customer accepts and agrees that he/she is fully responsible for providing an incorrect or invalid e-mail address.
6.3. The electronic ticket is sent to the Customer to his/her e-mail address only if the Customer complies with the terms of this Offer on payment of the cost of the electronic ticket and the Service Fee (if the Service Fee is charged).
6.4. The Customer is solely responsible for the preservation and protection of the electronic ticket from copying. In the event of copying the electronic ticket, access to the Event will be opened using the ticket that was presented first.
7. DISPUTE RESOLUTION
7.1. Disputes arising during the performance of the contract under the terms of this Offer are resolved with mandatory compliance with the claim procedure. The claim is submitted to the Contractor in writing with the attachment of documents substantiating the proposed requirements, within a period of no more than 10 (ten) calendar days from the date of the occurrence of the cause of the dispute. The received claim is considered by the Contractor within a period of no more than 10 (ten) calendar days.
7.2. If it is impossible to reach an agreement, the disputes that have arisen shall be considered in accordance with the procedure provided for by the current legislation of Ukraine.
7.3. On all other issues not provided for by this Offer, the Parties shall be guided by the current legislation of Ukraine.
8. TERM OF THE AGREEMENT AND OTHER TERMS
8.1. This Offer shall enter into force from the date of its posting on the Contractor's website and shall be valid indefinitely. The provisions of this clause shall also apply to additions (amendments) to this Offer.
8.2. The Agreement shall be deemed concluded from the moment of acceptance of the Offer by checking the box "I agree with the Public Offer" or clicking the "Proceed to payment" button, and shall be valid until the Parties fully fulfill their obligations under this Agreement.
8.3. The gallery premises are equipped with video surveillance systems. Video surveillance is carried out to ensure the safety of visitors and the preservation of property. The Customer agrees to this by accepting the terms of the Agreement.
8.4. The Contractor has the right to make changes to the terms of the Offer Agreement. The current version is posted on the website.
8.5. In accordance with the provisions of the Law of Ukraine "On Personal Data Protection" No. 2297–VI dated 01.06.2010, the Customer acknowledges and agrees to provide the Contractor with his personal data, and equivalently with the personal data of third parties indicated by the Customer, which were received by the Contractor in the process of processing the Ticket (Order), namely: surname, first name, gender, contact phone number, city and e-mail address. The processing of the Customer's personal data is carried out in accordance with the legislation of Ukraine. The Customer grants the Contractor the right to process his personal data in connection with the provision of the Customer with the Services stipulated by this Offer. Due to the fact that the processing of the Customer's personal data is carried out in connection with the execution of the contract concluded under the terms of this Offer, the Customer's consent to the processing of his personal data is not required. The term of use of the provided personal data is for the period necessary for the execution of the contract and ensuring legitimate interests of the Contractor. The Customer guarantees and is responsible for the fact that the data specified in the Order are voluntarily provided by them and third parties when issuing the Ticket, and all these persons are familiar with and agree with the Offer.
9. Details of the Contractor
LTD "Zenyk-Art Gallery"
Code for the Unified State Register of Economic Activities: 45447271
TIN: 454472713069
Bank accounts: UA553223130000026005000057260
in PJSC "UKREXIMBANK", Kyiv
Location: 79005, Shota Rustaveli, building No. 7
Taxation system: Payer of income tax on
general grounds, is a VAT payer