Terms of use

Attention!!! Please read these terms and conditions carefully before viewing this site. If you do not agree to these terms, do not use this site. Using this site, including filling out various forms, applications, as well as ordering goods/services using this site, means your acceptance of the terms of this User Agreement.

Terms used in this User Agreement:

- Administration – administration of the online store website https://pronail.com.ua.

- Website – website of the online store https://pronail.com.ua, including all web pages; The owner of the online store is "PRONail".

- Agreement – this user agreement.

- Seller is a legal entity or individual entrepreneur who posts on the Site information about the goods/services he sells. The seller can be either the Administration or any other person to whom the Site Administration has granted permission to post information about the goods/services of such person. The name of the Seller is indicated in the documents for the transfer of the Goods to the Recipient (transfer and acceptance certificate or other documents confirming the fact of transfer of the Goods to the Recipient).

- Product – goods, services, works, property rights, other tangible and intangible objects, information about which is posted on the Site.

- User – a person viewing information on the Site and/or ordering and/or receiving Products using the Site tools. The Recipient and the Payer are Users.

- Order – the User’s request through the Site to the Seller with a request to sell the Product, as well as the set of Products ordered by the User.

- Payer – the person paying for the Order.

- Recipient – a person indicated by the Payer as a person authorized to receive the Goods in accordance with the Order. Unless otherwise specified in the Order form, the Recipient is the Payer.

- Offer – information posted on the Site about a specific Product that can be purchased by a consumer. The offer includes: information about the product itself, information about its price, payment and delivery methods, as well as other conditions for the purchase of the Product by the consumer. The terms of the Offer are determined by the Seller. The offer is not an offer, but only information about possible conditions for purchasing the Product.

1. General terms of use of the Site.

1.1. The Site is a platform for posting offers for the sale of Products by Sellers.

1.2. This Agreement is a public offer. By accessing the materials of the Site, the User is considered to have acceded to this Agreement.

1.3. The Site Administration has the right to unilaterally change the terms of this Agreement at any time. Such changes come into force from the moment the new version of the Agreement is posted on the website.

1.4. An offer on the Site does not constitute an offer. However, after reviewing the Offer, the User has the right to make an offer to the Seller (Sellers) by filling out the Order form. Filling out the Order form is considered the User’s offer to the Seller (Sellers) for the User to purchase the relevant Product under the conditions specified in the Offer.

1.5. The User understands that his offer is redirected by the Administration to the Seller selected by the Administration. This provision in no way means that the Administration acts as an agent of the Seller and/or assumes any responsibility for the fulfillment of the Order by the Seller.

1.5. The offer is considered accepted by the Seller if the latter has carried out actions indicating acceptance of the User's offer, namely: actually shipped the goods, began to provide services or perform work in accordance with the conditions stipulated by the User's offer.

1.6. After receiving the User’s offer, the Seller has the right to offer to purchase the Product on conditions other than those provided for in the User’s offer. In this case, such an offer is considered a counter offer and must be accepted by the User. Acceptance of a counter-offer is considered to be the actual receipt by the User (Recipient) of the Goods under the conditions stipulated by the counter-offer. The Seller has the right to withdraw such counter-offer until the goods are delivered to the Buyer.

1.7. Sufficient evidence of acceptance of the offer by the Seller or a counter-offer (i.e. agreement by the Parties on all essential conditions for the sale of the Goods) is the actual receipt and acceptance of the Goods by the Recipient.

1.8. It is not considered acceptance by the Seller of the User's Offer that the Seller and/or the Administration notify the Seller/Administration of the receipt of the User's Order and/or the timing of its receipt and/or by means of electrical engineering ( sms-informing, e-mail, telephone, etc.) or other communications. about the price of the Product. This notice is solely a notification of the Seller’s receipt of the User’s offer (but not of its acceptance) and contains a reproduction of the terms of the offer provided by the User.

1.9. The only means of compensation that is provided to the User in the event of a discrepancy between the actual conditions of sale and the offer is to provide the User (Recipient) with the right to refuse to receive and accept the relevant Product and to demand a refund of the price paid for it, as well as the cost of delivery of the Product to the point of issue (if these amounts are actually were paid by the Payer). The Recipient has the right to exercise this right until the signing of documents confirming receipt of the Goods (including carrier documents on the delivery of the shipment with the Goods to the Recipient).

1.10. The moment of receipt and acceptance of the Goods by the Recipient is the moment (depending on which came first):

- signing by the Recipient of the acceptance certificate of the Goods (or another equivalent document confirming the fact of transfer of the Goods to the Recipient), or

- signing by the Recipient of the carrier’s documents confirming the receipt of the shipment containing the Goods, or

- the actual receipt by the Recipient of the Goods and the Recipient’s performance of actions indicating acceptance of the Goods (the Recipient received the Goods and left the point of delivery of the goods, etc.).

1.11. Information about the Product.

1.11.1. Information in the Product is contained on the Product itself, its packaging, and in shipping documents for the Product. Information about the Product can also be provided remotely (by telephone, by posting information about the Product on the Site). The User confirms his consent to receive information about the Product via remote communication means/

1.11.2. Upon receipt of the Goods, before signing the documents confirming receipt of the Goods, the Recipient is obliged to familiarize himself with the information about the Goods contained on the Goods and/or packaging and/or in shipping documents. If it is necessary to obtain additional information about the Goods, the Recipient is obliged to contact the Seller and obtain the necessary information by means of remote communication before the Recipient accepts the Goods.

1.11.3. The price for the Product specified in the Offer is indicative.

1.12. Limitation of Liability

1.12.1. The Site is a platform for placing Offers by Sellers. In this regard, the Administration (except for cases when the Administration is a Seller) does not bear any responsibility to Users (Payers, Recipients) for the execution of the Order by Sellers and related issues, including, but not limited to: compliance with the terms of the Offer the actual conditions of sale of the Goods, for the absence of the Goods, for late delivery of the Goods, for the quality of the Goods, for the proper fulfillment of warranty obligations by Sellers and/or manufacturers.

1.12.2. The conditions specified in the Offer are preconditions for the purchase of the Goods. The terms of the Offer may be changed by the Sellers, including after the Order has been accepted for execution. Specific conditions for the sale of the Goods by the Sellers may be determined and changed by the Sellers until the transfer of the Goods to the Recipient.

1.12.3. If the materials (including the terms of the Offer) on the Site become outdated, the Administration does not undertake to update them. The administration is under no circumstances liable for any damage (including, but not limited to damage from loss of profit, data or interruption of business activity) arising from the use, inability to use or the results of using this Site.

1.12.3. The Seller's liability for changes in the conditions for purchasing the Goods compared to those specified in the Offer is limited to the fact that the Recipient (User, Payer) has the right to refuse to purchase the Goods and demand a refund of the money paid for it (if paid).

1.12.5. In any case, the amount of damages (both material and non-property) that may be paid to the User (Payer, Recipient) in connection with the violation of his rights when using the Site (including in connection with non-fulfillment of the Order or its improper execution, other violations of the User's rights) in accordance with Art. 22 of the Civil Code of Ukraine is limited to the amount of ten hryvnia.

1.12.6. Products for which a warranty period has been established are subject to warranty obligations in accordance with the conditions specified in the warranty card and/or in the manufacturer’s information materials. If, in accordance with the legislation of Ukraine, a warranty period must be established for the Product, but it is not established by the manufacturer, the warranty period for such Product is considered equal to three days.

1.3. The user is responsible for the accuracy of the data specified in the Order form. If inaccurate (incorrect) indication of data in the Order led to additional costs for the Seller associated with the delivery of the Goods to the wrong address or the issuance of the Goods to the wrong Recipient, all associated losses and expenses are borne by the User. The Seller has the right to withhold the amount of such losses or expenses from the amounts paid by the Payer as payment for the Goods (offset counterclaims).

2. Obligations of the Parties.

2.1. The User undertakes to carefully read this Agreement. In case of disagreement with its terms, the User undertakes to immediately stop using the Site.

2.2. The User agrees not to take actions that may be considered as violating Ukrainian legislation or international law, including in the field of intellectual property, copyright and/or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Site and services Website.

2.3. Use of Site materials without the consent of the copyright holders is not permitted. For the lawful use of Site materials, it is necessary to conclude license agreements (obtain licenses) from the Copyright Holders.

2.4. When quoting materials from the Site, including protected copyright works, a link to the Site is required.

2.5. Comments and other entries by the User on the Site must not conflict with the requirements of the legislation of Ukraine and generally accepted standards of morality and morality.

2.6. The user is warned that the Site Administration is not responsible for his visit and use of external resources, links to which may be contained on the site.

2.7. The User accepts the provision that all materials and services of the Site or any part thereof may be accompanied by advertising. The User agrees that the Site Administration does not bear any responsibility and does not have any obligations in connection with such advertising.

2.8. The User understands that Sellers are separate business entities not controlled by the Administration. The User understands that the Administration does not have any authority to influence the fulfillment by Sellers of their obligations regarding the acceptance and/or execution of the Order, as well as obligations arising after the sale of the Product

3. Procedure for exchange and return of Goods by the Recipient (User, Payer).

3.1. Exchange and return of Goods (including upon termination of the purchase and sale agreement), in accordance with the Law of Ukraine “On the Protection of Consumer Rights”, is carried out at the address:
Kiev, st. Garmatnaya , 20.

Upon receipt of the Goods by mail, the return of such Goods (including upon termination of the purchase and sale agreement) is carried out by mail to the following address:
Kiev, st. Garmatnaya , 20.

3.3. When exchanging or returning the Product, the Product must be sent fully assembled, along with the following documents:< br /> - Application for exchange or refund, indicating the reasons;< br /> - Delivery acceptance certificate (Assembly sheet);< br /> - Warranty card.

4. Personal data.

4.1. By placing an Order on the Website https://pronail.com.ua and/or by ticking the appropriate box on the website https://pronail.com.ua.ua before filling out his personal data, the User gives his consent to the Administration for the collection and processing (accumulation , storage, adaptation, renewal, use, distribution, depersonalization and destruction) of the data specified by him, namely: last name, first name, patronymic; Email; telephone; address; Date and place of birth; an identification number; citizenship; availability of benefits; information about registration as an individual entrepreneur; marriage information; information about income and expenses; phone number; place of work and position; work experience; date and reasons for dismissal from previous jobs; information about receiving pensions; Family status; property status (availability of real estate and/or movable property); place of actual residence; place of residence according to state registration; passport details (number, series, by whom and when issued); information about children, including adopted children; other data, in order to ensure the implementation of purchase and sale relations, relations in the field of consumer protection, in the field of advertising and marketing research, and also gives his consent to the transfer (distribution) of his data to LLC "NOVAYA POSTA" (EDRPOU 31316718), other transport - forwarding and courier organizations, any Banks and/or financial institutions, and other third parties (without limitation) at the discretion of PROnail . This provision is valid without limitation.

4.2. The source of personal data collection is information directly and voluntarily provided by the User.

4.3. The owner of the personal data provided by the User is “ PRONail ”, location: Kiev , Garmatnaya St. , 20.

4.4 The subject of personal data, in accordance with the Law of Ukraine “On the Protection of Personal Data”, has the right: to know about the sources of collection, the location of his personal data, the purpose of their processing, the location or place of residence (stay) of the owner or manager of personal data or to give appropriate instructions regarding the receipt of this information to persons authorized by him, except in cases established by law; receive information about the conditions for providing access to personal data, in particular information about third parties to whom his personal data is transferred; to access your personal data; receive no later than thirty calendar days from the date of receipt of the request, except in cases provided for by law, a response on whether his personal data is being processed, as well as receive the content of such personal data; submit a reasoned demand to the owner of personal data with an objection to the processing of your personal data; make a reasoned demand for the change or destruction of their personal data by any owner and manager of personal data if this data is processed illegally or is unreliable; to protect your personal data from illegal processing and accidental loss, destruction, damage due to deliberate concealment, failure to provide or untimely provision, as well as protection from the provision of information that is unreliable or disgraces the honor, dignity and business reputation of an individual; file complaints about the processing of your personal data with the Commissioner or the court; apply legal remedies in case of violation of laws on the protection of personal data; provide a warning regarding the limitation of the right to process your personal data at the time of providing consent; withdraw consent to the processing of personal data; know the mechanism for automatic processing of personal data; to be protected from an automated decision that has legal consequences for him.

5. Other conditions.

5.1. The User has the right to appoint a third party as the Recipient of the purchased Goods. In this case, the Recipient is obliged to indicate in the Order form the data necessary to identify the Recipient and deliver the Goods to him. In this case, the relations of the parties are subject to the provisions of Art. 636 of the Civil Code of Ukraine.

5.2. To issue the Goods to the Recipient, the latter must present an identification document (passport) upon receipt of the Goods.

5.3. Upon receipt of the Goods, the Recipient is required to sign the documents confirming receipt of the Goods.

5.4. All possible disputes arising from or related to this Agreement shall be resolved in accordance with the current legislation of Ukraine.

5.5. Nothing in the Agreement can be understood as the establishment between the User and the Site Administration of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations not expressly provided for in the Agreement.

5.6. The recognition by a court of any provision of the Agreement as invalid or unenforceable does not entail the invalidity of other provisions of the Agreement.

5.7. Inaction on the part of the Site Administration in the event of a violation by any of the Users of the provisions of the Agreement does not deprive the Site Administration of the right to later take appropriate actions to protect its interests and protect copyrights on Site materials protected in accordance with the law. The user confirms that he has read all the clauses of this Agreement and unconditionally accepts them.