Terms

To keep your feet on the ground. GBU.COM.UA – GENERAL TERMS AND CONDITIONS OF SALE – APRIL 2022

https://gbu.com.ua/ is a specialized catalog-based e-commerce website. The website is published and operated by Custom4Web LLC, with the registered office at Tuukri 19-315, 10152 Tallinn, Estonia.

1 Definition

Agreement: the online order confirmed by the Customer, setting out the items ordered, features, prices, bank or SEPA payment details where applicable, and these General Terms and Conditions of Sale.

Customer(s): any individual or legal entity wishing to benefit from the services provided by Custom4Web LLC.

Parties: Custom4Web LLC and the Customer.

Personal Data: personal data as defined by European regulations.

Products: presented as Digital Download Artwork ONLY – NO PRINTING.

Support: an instance download of digital items.

Website:  https://gbu.com.ua/

2 Scope of application of the General Terms and Conditions of Sale

These General Terms and Conditions of Sale set out the technical, legal and financial terms and conditions subject to which Custom4Web LLC provides its Customers with an instant download of digital items via its website at https://gbu.com.ua/

3 Acceptance and enforceability of the General Terms and Conditions

The Customer represents that it has read, understood and accepted these General Terms and Conditions.

The Customer represents that it has the capacity to contract and that it holds the necessary authorization and powers to do so.

The Customer is regularly reminded of these General Terms and Conditions of Sale at the bottom of each page of each order. They are enforceable against all Customers.

Accordingly, every order placed via https://gbu.com.ua/ entails the Customer’s unconditional acceptance of the General Terms and Conditions of Sale.

The Customer is advised to save a copy of and/or print out these General Terms and Conditions of Sale. Custom4Web LLC may also send a copy of these General Terms and Conditions of Sale to any person so requesting.

Custom4Web LLC reserves the right to revise these General Terms and Conditions of Sale at any time. As far as possible, Custom4Web LLC shall notify revisions made to the General Terms and Conditions of Sale via an announcement on https://gbu.com.ua/. Notwithstanding, Custom4Web LLC advises the Customer to consult the General Terms and Conditions of Sale regularly and before placing any further order.

Acceptance of these revised General Terms and Conditions of Sale is carried out via the process defined in the clause entitled “Acceptance and enforceability of the General Terms and Conditions of Sale”.

Use of the Application after the effective date of the revised General Terms and Conditions of Sale shall imply acceptance of the revised General Terms and Conditions of Sale. The revised General Terms and Conditions of Sale shall come into force as of their publication unless it is specified that their effectiveness is deferred until a later date.

The version applicable to a given order shall be the version applicable on the date on which payment is confirmed.

Unless otherwise stated, the revised General Terms and Conditions of Sale shall cancel and supersede all interactions occurring between the Parties prior to the order.

Exceptions to these General Terms and Conditions of Sale shall only be enforceable against Custom4Web LLC if they have been duly agreed and recorded in a written document signed by Custom4Web LLC.

4 Ordering

4.1 Creating a Customer Account requires a login and password

To place an order, the Customer may create their personal Customer Account beforehand by following the instructions on the website.

The Customer can then log in to their Customer Account using their login and password.

The Customer is solely liable for all use that is made of their login and password. The Customer is solely liable for keeping their login and password confidential. Accordingly, Custom4Web LLC shall on no account be held liable for any loss or damage arising from the use by an unauthorized third party.

4.2 Placing an order

To place an order, the Customer must follow the steps described below:

  • Go to the Website;
  • Follow the instructions on the Website and connect with a login and password if already registered;
  • Select the required Product;
  • Check the order summary and correct any errors;
  • Enter the promotional code, if any;
  • Select the required payment method;
  • Accept these General Terms and Conditions;
  • Confirm the order and the total price excluding VAT;
  • Complete the payment procedure.

Custom4Web LLC reserves the right to cancel the order in the event of error or omission in entering the required fields.

4.3 Order confirmation

The Customer receives an order confirmation email including a summary of the order. The order is not firm and final until Custom4Web LLC sends this email confirmation. Custom4Web LLC advises the Customer to save a copy of or print out the email confirmation of the order.

5 Products and Services

5.1 Product and Service Factsheets

The basic features of each Product offered via the Website are set out in a corresponding factsheet, which may be viewed on said Website.

6 Receipt of Products – Complaints

6.1 Receipt of Products

Receipt of the Products is complete once the Customer activates the download link.

6.2 Complaints

The Customer is prompted to supply a valid email address in order to receive the download link.

Before making a complaint, Customers are advised to check their Spam folder for the email containing the download link.

In the event that, after the required checks have been performed, the delivery email was not received, the Customer is advised to send their comments by email to support@gbu.com.ua with their order number as stated in the confirmation email.

7 Customer’s cooperation and obligations

The Customer shall see that its hardware and systems comply with the Technical Requirements for use of the Product. The Customer shall install the updates recommended by Custom4Web LLC.

8 Custom4Web LLC’s obligations

Custom4Web LLC is only subject to a best-efforts obligation.

Custom4Web LLC agrees to use its best efforts to ensure the proper delivery of the digital download.

Custom4Web LLC agrees to exercise all due care and diligence necessary in order to provide a quality IT support service in accordance with industry practice and the current state of science and technology.

Custom4Web LLC agrees to employ all means to ensure the ongoing availability, continuity and quality of the services provided for by the Agreement.

The Customer hereby acknowledges that fluctuations in bandwidth and contingencies related to Internet service providers and domain name registrars may interrupt access to the service offered by Custom4Web LLC, beyond Custom4Web LLC’s control.

9 Price and payment

9.1 Price

9.1.1 Pricing

The prices and technical specifications of the Products and Services offered by Custom4Web LLC may be viewed at https://gbu.com.ua/shop/

Prices are shown in USD and include VAT.

The pricing communicated to the Customer is the pricing in force as of the date of payment of a Product or Service.

Custom4Web LLC reserves the right to revise its pricing at any time.

9.2 Payment

Products remain the property of Custom4Web LLC until full payment is received.

Payment is due and payable upon placement of an order.

Customers may pay by credit/debit card.

A payment undertaking given by means of a credit/debit card is irrevocable. By providing information on their credit/debit card, the Customer authorizes Custom4Web LLC to debit their card for the amount corresponding to the price.

For this purpose, the Customer confirms that they are the holder of the credit/debit card to be debited and that the name shown on the card is the Customer’s own name. The Customer shall provide the card number and expiry date and, if required, the card security code (CSC).

Payment, whether online or on delivery, will not be debited from the Customer’s account or paid into Custom4Web LLC’s account until the Product download link has been generated by Custom4Web LLC.

The Customer agrees to receive only digital invoices.

10 Cancellation

The CUstom4Web LLC doesn’t provide any cancellation period for https://gbu.com.ua/

11 Warranty – Warranty disclaimer

The seller shall deliver a product that conforms to the agreement and shall be liable for non-conformities existing upon delivery.

The seller shall also be liable for non-conformities resulting from the packaging, assembly instructions, or installation, where the agreement provides that the seller is responsible for installation or where installation has been carried out under the seller’s responsibility.

The product conforms to the agreement:

  • If it is suited to the use normally expected of a similar product and, where applicable:
    • if it corresponds to the description provided by the seller and has the properties presented by the seller to the buyer in the form of a sample or model;
    • if it has the properties that a buyer can reasonably expect in light of public statements made by the seller, producer or its representative, including within the framework of advertising or labeling;
  • Or if it conforms to specifications defined by agreement between the parties or is suited to any specific use required by the buyer, notified to the seller and accepted by the seller.

Legal action arising from non-conformities is time-barred two years following delivery of the product.

The seller is liable under the warranty for latent defects in the item sold that render it unsuited to its intended use, or that hinder such use to such an extent that the buyer would not have purchased the item or would have paid a lower price if the buyer had been aware of such defects.

Legal action arising from latent defects must be initiated by the buyer within two years following the identification of the defect.

11.1 Claims under the warranty

The warranty provided by Custom4Web LLC is limited to refunding non-conforming Products or Products containing a latent defect.

11.2 Warranty disclaimer

The Customer is solely liable for the choice, storage and use of the Products.

No claim may be made under the warranty in the event of misuse.

12 Liability

Custom4Web LLC assumes an overall best-efforts obligation to the Customer, whereby it agrees to use its best efforts in performing the Service provided for herein.

Custom4Web LLC shall not be held liable for damage resulting from use of the plugin by the Customer after the end of a period of 365 (three hundred sixty-five) calendar days following the order.

Custom4Web LLC shall not be held liable for repairing damage arising from the use of the Internet such as data loss, intrusion, viral attack, loss of connection and any other incidents unrelated to the subject matter of the Service.

Custom4Web LLC shall not be held liable for any incidental damage, including financial loss, in particular loss of profits, unless such damage results from negligence or willful misconduct on the part of Custom4Web LLC.

Custom4Web LLC shall not be held liable for malfunctions identified by the Customer during the use of the plugin license if the Customer has not executed the updates recommended by Custom4Web LLC or has not performed the operations recommended by Custom4Web LLC following the identification of a malfunction by the Customer during the performance of the Agreement.

Custom4Web LLC shall not be held liable for business interruption caused by the performance of its support and update service unless such damage results from negligence or willful misconduct on the part of Custom4Web LLC.

In any event, Custom4Web LLC’s liability shall be limited to the payment of damages not exceeding the amount paid by the Customer when placing the order.

13 Force majeure

Neither of the Parties shall be held liable for delay, non-performance or any other breach of its obligations relating to the Order and/or the warranty where such occurrence is due to force majeure or unforeseeable circumstances.

Besides the instances of force majeure and unforeseeable circumstances generally, force majeure and unforeseen circumstances shall also include total or partial strikes, whether internal or external to the company, lockouts, adverse weather conditions, interruption of transport facilities or supply chain for any reason whatsoever, earthquakes and seismic waves, fire, storms, floods, damage caused by water, statutory or governmental restrictions, statutory or regulatory changes in forms of marketing, computer breakdowns, interruption of telecommunications services including cable or mobile (GSM, GPRS, 3G, 4G, etc.) telephone networks or any other cases outside the express will of the Parties that prevent the performance hereof under normal and/or reasonable conditions.

Initially, the force majeure event or unforeseeable circumstance shall have the effect of suspending performance hereof.

If the force majeure event or unforeseeable circumstance lasts for more than three (3) months and unless the Parties agree otherwise, these General Terms and Conditions of Sale shall be terminated automatically, without the need to seek a court ruling, serve formal notice or provide prior notice.

In such events, the Parties shall not be held liable for the total or partial non-performance of their obligations hereunder.

14 Severability

If any provision of the General Terms and Conditions of Sale is declared to be invalid on grounds of nullity, voidness, lack of binding effect or unenforceability in the application of a law, regulation or final ruling handed down by a court with jurisdiction, this shall not entail the nullity, voidness, lack of binding effect or unenforceability of the remaining provisions of said General Terms and Conditions of Sale and shall have no effect on the remaining contractual provisions, which shall retain their full effect, force and scope with regard to all of the contracting Parties.

In such events, the Parties may agree to replace or amend the invalid provision(s).

15 Probative documents

The online entering of a credit/debit card number and confirmation of the order by the Customer shall constitute proof of the order and shall render the corresponding payment due and payable.

The following may also constitute legal proof of communications: the order, the Customer’s payment and all documents generated from records of purchase orders and invoices in the Custom4Web LLC’s computer systems.

16 Personal Data

Custom4Web LLC is committed to privacy and data protection. This Privacy Policy applies to personal data Custom4Web LLC collects from you, through our interactions with you, through https://gbu.com.ua/, including all media, document, updates, and support services associated with the Site and the Custom4Web LLC services (collectively, the “Services”), as well as how we use and protect your personal data.

This Privacy Policy does not apply to any third-party applications or software that integrate with our Sites and Services or any other third-party products, services or businesses (collectively, “Third Party Services”). Third Party Services are governed by their own privacy policies. We recommend you review the privacy policy governing any Third Party Services before using them.

IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU SHOULD NOT ACCESS OR USE THE SITES OR SERVICE.

16.1 Purpose of processing

The Data provided when a Customer logs in or purchases a Product is processed for the following purposes:

  • Access to Products;
  • Preparation of invoices;
  • Circulation of the newsletter, if applicable;
  • Compilation of statistics on the use of the Website;
  • Improvement of marketing and promotion initiatives, as well as Website content and offers;
  • Receipt of customized offers.

16.2 Recipients of Personal Data

Custom4Web LLC agrees to take all useful precautions and implement all appropriate organizational and technical measures to maintain the security, integrity and confidentiality of Personal Data and, in particular, to prevent such data from being altered, damaged or accessed by unauthorized third parties.

16.3 Personal Data provided to government agencies and bodies

Pursuant to applicable regulations, Personal Data may be provided to the relevant authorities on request, including government bodies, solely in order to comply with legal obligations, court officers, ministerial officials and debt collection agencies.

16.4 Personal Data provided to third parties

Custom4Web LLC agrees not to sell or transfer Personal Data that has been collected to third parties, except as provided for by clause 18.3 hereof.

16.5 Customer’s right to oppose, correct and delete Personal Data

Customers have the right to access, challenge, modify, correct and delete their Personal Data.

Customers also have the right to oppose the processing of their Personal Data, provided they have legitimate reasons to do so, as well as the right to oppose the use of such data for the purposes of sales prospecting.

This assurance does not apply to processing for statistical purposes where the data is processed globally and anonymously.

Customers may exercise their rights by sending an email to Custom4Web LLC via the “Contact” page.

17 Cookies

Information on the Customer’s browsing on the Website is stored by cookies.

Pursuant to applicable regulations, this information may be stored for a period of up to 13 months.

Cookies do not allow the Customer to be identified.

The Customer may oppose the recording of cookies and disable them in its web browser settings, on the understanding that this may restrict their use of the Website.

18 Intellectual property

The content of the website created by Custom4Web LLC is the exclusive property of Custom4Web LLC, which is the holder of all the related intellectual property rights.

The Customer agrees not to copy, reproduce or download all or part of its content, without written and express prior authorization from Custom4Web LLC.

Any full or partial copy, reproduction or download of website content created by Custom4Web LLC is liable to constitute an infringement.

The Customer agrees not to copy, reproduce or attempt to reproduce the plugin offered by Custom4Web LLC.

Custom4Web LLC’s granting of a License for use shall not entail the transfer of intellectual property rights in the Product.

Any Product for which a License is granted remains the property of Custom4Web LLC. Accordingly, pursuant to the Agreement, the Customer only acquires from Custom4Web LLC a non-exclusive, non-transferable personal right to use the Products featured in the online order.

19 Governing law and jurisdiction

All disagreements and disputes regarding the validity, interpretation, performance, consequences and implications of these General Terms and Conditions of Sale shall be governed by Estonian law.

All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a trader Customer and Custom4Web LLC, as well as all disputes regarding either Party’s liability in tort, shall be referred to the courts of Tallinn.

All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a non-trader Customer and Custom4Web LLC, as well as all disputes regarding either Party’s liability in tort, shall be referred in accordance with the provisions of ordinary law regarding the assignment of jurisdiction.