12/27/2024

Public Offer Agreement

Sole Proprietor Andrii Lysenko (hereinafter referred to as the "Seller"), acting based on the Certificate of State Registration of Sole Proprietor with EDRPOU 3823400737 and as a single tax payer, publishes the terms and conditions related to all services, whether directly or indirectly provided. By visiting, browsing, or using the website https://aviasim.com.ua/ and any Seller applications via any platform (hereinafter referred to as the "Platform"), and/or making bookings and/or payments, you acknowledge that you have read, understood, and agreed to the following terms and conditions.

This document constitutes a public offer and public agreement. Under Articles 633 and 641 of the Civil Code of Ukraine, its terms are identical for all consumers. According to Part 2 of Article 642 of the Civil Code of Ukraine and the Rules for the Sale of Goods by Order and Outside Trade or Office Premises (approved by the Order of the Ministry of Economy of Ukraine No. 103 dated April 19, 2007), payment for services is considered acceptance of this offer and is equivalent to entering into an agreement under the terms outlined herein. If necessary, the agreement can be executed in written form.

Given the above, carefully read the text of this public offer, and if you disagree with any clause, you are advised to refrain from using the Seller's services.

Terms Used in the Agreement:

Offer – A public proposal by the Seller addressed to any individual to enter into a sales agreement under the terms specified herein.
Service – A list of services provided by the Seller, presented on the Platform.
Seller – Sole Proprietor Viktoriia Mezientseva, providing services directly or indirectly as presented on the Platform.
Buyer – An individual who enters into contractual relations with the Seller under the terms specified herein.
Acceptance – Full and unconditional acceptance by the Buyer of the terms of this Agreement.
Order – Ordering, purchasing, paying for, booking, or reserving the Service.
Platform – The Seller’s website and/or Telegram channel.

General Provisions:

Through the Platform, the Seller offers and promotes services for ordering, purchasing, or booking, allowing visitors to search, find, order, and pay for services.
Services are provided exclusively for individual, non-commercial use. The Buyer is not allowed to resell, create external hyperlinks, use, copy, track, display, download, or reproduce any content, information, software, bookings, products, or services provided on the Platform for commercial or competitive purposes.
The Seller uses the services of competent specialists in providing the Services. The Seller is not responsible for verifying the accuracy, completeness, or reliability of all subjective wishes of the Buyer.
The Seller provides services according to the prices valid at the time of order placement. The Buyer agrees to pay and receive the Service under the Agreement.
This Agreement is the Seller’s official document and an integral part of the Offer.

Order and Contract Conclusion Procedure:

The text of the agreement constitutes a public offer (per Articles 633, 643 of the Civil Code of Ukraine and the Rules for the Sale of Goods by Order and Outside Trade or Office Premises, approved by Order No. 103 of the Ministry of Economy of Ukraine dated April 19, 2007).
Placing an order with the Seller, either independently or through an operator, signifies unconditional acceptance of the terms of this Agreement.
The Buyer is obliged to familiarize themselves with the terms of the agreement. The Seller is not required to inform the Buyer about the agreement's existence.
The Buyer enters into contractual relations with the Seller upon placing the Order and making the corresponding payment.
Upon the Buyer’s written request, the Seller shall formalize the agreement with both parties' signatures.
The Buyer agrees to provide the Seller with the following information when placing an order: full name, email address, and contact phone numbers.
The Buyer is responsible for the accuracy of the information provided when placing an order.

Payment Procedure:

Payment for Services under this Agreement is made in advance according to the Seller’s price list for Services, in cash or non-cash form.
For non-cash payments, the Buyer uses the Liqpay online payment system.
Payment by the Buyer for the Service on the Platform implies agreement with the terms of this Agreement.
The Seller does not refund (recalculate or credit) money for paid Services if the Buyer fails to appear for the Service or arrives late.

Rights and Obligations of the Parties:

Seller's Obligations:

Provide services to the Buyer as stipulated by this Agreement.
Maintain confidentiality of the Buyer’s information and not disclose it to third parties unless required by the Agreement or Ukrainian law.
Offer free telephone consultations as per contact details provided on the website. The scope of consultations is limited to specific questions.

Buyer's Obligations:

Select and pay for the Seller's services in full and on time according to the Agreement.
Adhere to the Seller's established rules and conditions for service provision.
Notify the Seller of cancellation (no-show) at least 24 hours before the service begins.
Provide a medical certificate upon the Seller's request.
Not be late for the appointment by more than 15 minutes.

Force Majeure:

Parties are released from liability for non-performance due to force majeure events, including:
- Natural disasters (earthquakes, floods, etc.).
- Social circumstances (wars, strikes, epidemics, etc.).
- Prohibitive measures by authorities.
No claims shall arise during force majeure circumstances.

Agreement Duration and Changes:

The Offer is effective from its publication date on the Platform and remains valid until withdrawn by the Seller.
The Agreement is effective upon acceptance and remains valid until terminated.
The Seller reserves the right to modify the terms unilaterally with at least 3 days' notice to the Buyer.
The Seller reserves the right to unilaterally terminate this Agreement, notifying the Buyer no later than 3 days before the intended termination date.

Additional Conditions

In all matters not covered by this Agreement, the parties shall adhere to the current legislation of Ukraine.
The Buyer confirms their consent to the processing of personal data under the Law of Ukraine "On Personal Data Protection."
To ensure safety and property preservation, video surveillance may be conducted, to which the Buyer consents.

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