Public Offer Agreement

Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter collectively referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement) addressed to an unlimited number of persons, which is by an official public offer of the Seller to conclude a purchase and sale agreement with the Buyers, the photos of which are posted in the corresponding section of the Website https://myharmony.com.ua/.

Sellers intending to sell Products using the Website https://myharmony.com.ua/ and Buyers when purchasing Products whose images are posted on the relevant pages of the site accept the terms of this Agreement as follows.



1. GENERAL PROVISIONS

1.1. The contractual relationship between the Seller and the Buyer is formalized in the form of a Public Offer Agreement. Clicking on the page of the Website https://myharmony.com.ua/ in the appropriate section of the button "PLACE AN ORDER" means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, took to fulfill the terms of the Public Offer Agreement, which are listed below.

1.2. The public offer agreement is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers, regardless of status (individual, legal entity, individual entrepreneur). With full agreement with this Agreement, the Buyer accepts the conditions and procedure for placing an order, payment and delivery of goods by the Seller, liability for an unfair Order and for failure to comply with the terms of this Agreement.

1.3. This Agreement enters into force from the moment you click on the "PLACE AN ORDER" button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and full settlement with him.

1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, the consent of which was provided by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, then the rules of the international treaty are applied.

2. TERMS AND DEFINITIONS

"Public Offer Agreement" - a public agreement, a sample of which is posted on the Website https://myharmony.com.ua/ and the use of which is mandatory for all Sellers, containing the Seller's offer to purchase the Goods, the image of which is posted on the Website https : //myharmony.com.ua/ directed to an indefinite circle of persons, including Buyers.

"Acceptance" - - acceptance by the Buyer of the seller's offer to purchase the Goods, the image of which is posted on the Website https://myharmony.com.ua/, by adding it to the virtual basket and sending the Order.

"Goods" - a trade item (product, model, accessory, components and related items, any other trade items), the purchase of which is posted on the Website https://myharmony.com.ua/ by the seller.

"Buyer" - any capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who have visited the Website https://myharmony.com.ua/ and intend to purchase one or another Product.

"Seller" - any capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who are the owners or distributors of the Goods and, using the Website https://myharmony.com.ua/, intend to sell it.

"Order" - the Buyer's application for the purchase of the Goods duly executed and posted on the Website https://myharmony.com.ua/ and addressed to the seller.

"Legislation" - the norms established by Ukrainian or international legislation for the regulation of contractual legal relations under the Agreement.

"Substantial deficiency of the Goods" - a deficiency that makes it impossible or unacceptable to use the Goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller), after its elimination it manifests itself again for reasons independent of the consumer.

3. SUBJECT OF THE CONTRACT

3.1. The Seller undertakes, on the terms and in the manner determined by this Agreement, to sell the Goods based on the Order placed by the Buyer on the corresponding page of the Website https://myharmony.com.ua/, and the Buyer undertakes, on the terms and in the manner determined by this Agreement, to buy The product and pay money for it.

3.2. The Seller guarantees that the Product is not pledged, is not a subject of dispute, is not under arrest, and there are no rights of third parties to it.

3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction or a transaction made under the influence of pressure or deception.

3.4. The seller confirms that he has all the necessary permits to carry out economic activities that regulate the scope of legal relations arising and operating in the process of executing this Agreement, and also guarantees that he has the right to manufacture and / or sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer's rights in the process of executing this Agreement and selling the Goods.

4. RIGHTS AND OBLIGATIONS OF THE SELLER

4.1. The seller is obliged:

• comply with the terms of this Agreement
• fulfill the Buyer's orders in case of receipt of payment from the Buyer;
• transfer the Goods to the Buyer in accordance with the selected sample on the corresponding page of the Website http://lmyharmony.com.ua/, the order made and the terms of this Agreement;
• check the qualitative and quantitative characteristics of the Goods during their packing in the warehouse;
• notify the buyer about the possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this agreement.
  
  

4.2. The seller has the right:

unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement.

2. Privacy Policy

This privacy policy applies to the entire site www.myharmony.com.ua (hereinafter referred to as the Site).
In some cases, Harmony may publish separate privacy notices for certain areas of the Site.

What information we collect and how we use it.

We may need data of the following types:

• When registering an account on www.myharmony.com.ua, we ask you to provide your email address and choose a password that is stored in our database in encrypted form - we do not have access to your password. You can get and edit additional information about your account in your personal account. You can delete your account from the Site by contacting us.
  
  
• When placing an order on the Site, the user indicates his last name, first name, e-mail address, contact phone number, delivery address of the goods and agrees to the use of this information, its processing and storage by Harmony, as well as suppliers and companies delivering the order. We use this information to fulfill our obligations to you.
  
  
• It is not considered a violation of obligations to disclose the specified information about the user in accordance with reasonable and applicable legal requirements. The User agrees to transfer his data to the Site in order to fulfill the concluded contracts and the obligations accepted by the Site in accordance with them for the sale and delivery of goods to the User, as well as for advertising purposes. The User's consent is expressed in the indication of information in the appropriate columns when placing an order. The site is not responsible for the information provided by the User on the Site in a public form.
  
  
• Cookies - When you visit our Site, we send one or more cookies to your computer or other device. Cookies are used in order to improve the quality of the services provided: to save user settings, track user-specific trends, for example, the most popular pages. Harmony, as the owner of the Site, also uses cookies for advertising purposes and also transmits them, including cross-border, to manage ads on sites across the Internet.
  
  
• Information about visits - when you access our Site through a browser, application or through any other software, our servers automatically record and transmit certain information in order to fulfill the concluded agreements. Server logs may contain the following information: IP address, browser type and language, date and time of the request, as well as one or more cookies that can be used to identify your browser or account.
  
  
• Custom Messages - When you send messages to us (by email or otherwise), we may save those messages to process inquiries, answer questions, and further improve our customer support. When sending or receiving SMS, we may collect and store the following information: phone number, carrier name, message content, date and time of transmission. To contact you about our work, your e-mail address and contact phone number may be used.
  
  
• Harmony Services on Affiliate Sites - Some of the products and services we offer are linked to other sites. The personal information you provide to such sites may be transferred from them to us and vice versa in order to provide these goods and services. We process this kind of information in accordance with this privacy policy.
  
  
• Third party software that can be used on the Site collects and processes information in accordance with its own privacy policy.
  Other sites - this privacy policy applies only to the Site www.myharmony.com.ua. We do not control sites that use information from our Site or that are linked to from our Site. These sites may place their own cookies on your computer, collect data, or request personal information from you.
  
  

Mailings and information messages:

• By registering on the Site or filling out the Order Form, you agree to receive promotional and informational mailings from us. These mailings contain information about upcoming promotions, sweepstakes and other Site events.
  
  
• You can unsubscribe from the mailing list at any time by clicking on the corresponding link in the letter or by writing to the support service.
  
  
• Mailings come in the form of a letter to an email address and / or a short message (sms) to the phone number you specified during registration or in your personal account. Advertising and information materials can be provided in the form of paper and printing and souvenir products, invested in customer orders and delivered to the specified postal address in the form of letters and parcels.
  
  

In addition, the information we collect may be used for the following purposes:

• Supply, maintenance, security and improvement of our Site;
• Development of new services;
• Protecting the rights and property of the Harmony Company and our users.

Before using the information for purposes other than that stated when it was collected, we will ask you for permission to do so. Harmony processes personal information on its servers in different countries. In some cases, users' personal information is processed outside the user's country.

Choice options

People have different views on privacy. Each user consciously decides to grant the Harmony Company the right to fully use their personal data in accordance with the Law of Ukraine “On Personal Data Protection”. Each user can:

• View and manage personal information stored in his account using the Personal Account.
• Prevent the browser from accepting all cookies or set up a notification about this data. Please note that some Harmony services may not function correctly without cookies.
  
  

Providing access to information

We do not disclose personal information of users to companies, organizations and individuals not associated with the activities of the Harmony Company, unless:

• The user has granted the Harmony Company the right to fully use his personal data.
  We may provide information about you to companies, organizations or individuals not affiliated with Harmony in order to fulfill the contracts entered into and the Site's obligations to sell and deliver in accordance with them.
  
  
• For processing by third parties
  We may provide personal data for processing to our subsidiaries and affiliated companies, as well as other trusted organizations and individuals, in accordance with our instructions, privacy policy and other security requirements.
  
  
• As required by law
  Harmony complies with the requirements of the Law of Ukraine "On the Protection of Personal Data" and provides access to information specified by users on the Site, stores, uses, discloses this information only in cases stipulated by law. In particular: at the request of government agencies, as part of a legal process or investigation, in order to prevent fraud, violation of the law, as well as to protect the safety and rights of Harmony. If Harmony decides to reorganize or sell part or all of its assets, we guarantee that all personal data will be protected under the privacy statement provided by users on the Site.
  
  The Company is not responsible for the accuracy of the data specified by the User on the Site and their compliance with personal identification documents.
  
  Data protection
  
  We take all necessary steps to protect Harmony and our users from unauthorized attempts to access, alter, disclose or destroy the data we hold. These measures include, in particular:
  
  
• using SSL encryption in our services;
  
  
• continuous review and improvement of data collection, storage and processing processes and security measures, including measures to ensure physical security;
  
  
• providing access to personal information only to those employees, contractors and agents of Harmony who need to have this information in order to carry out transactions performed on behalf of Harmony. Failure by these individuals to comply with contractual confidentiality obligations will result in sanctions, including termination of employment and criminal prosecution.
  
  

Accessing and updating personal information

• You always have access to your personal data on the Harmony Company Site. If they are incorrect, we can always delete them, unless their storage is required by law or for legitimate business purposes. In some cases, having received a request to change personal data, we may ask the user to confirm his identity and the information he wants to receive, change or delete.
  
  
• We may reject repeated requests, as well as requests that require extensive technical work (for example, create a new system or significantly change an existing one), jeopardize the privacy of other users, or contain useless suggestions (for example, process information on backups).
  
  
• In all cases where we provide access to information and the ability to correct it, we do it free of charge, unless it requires a disproportionate effort on our part.
• Due to the peculiarities of a number of services, after being deleted from active servers, information may be stored for a limited period in our backup systems until it is permanently deleted.
  
  

Compliance with requirements

• Harmony adheres to the principles of confidentiality adopted in Ukraine regarding notification, selection, transfer, security, data integrity and access to them.
  
  
• We regularly review compliance with this privacy policy.
  
  
• Having received a formal complaint in writing, we consider it our duty to contact the user who sent the complaint about his claims and resolve the issue or eliminate the problem as soon as possible.
  
  

Changes to this privacy policy

Our privacy policy may change from time to time. However, we do not intend and will not limit the rights of users without their express consent. All updates to the privacy policy are reflected on this page. If the changes are significant, we will notify you by email.

3. Exchange and return of goods

The Harmony online store operates in accordance with the Law of Ukraine "On Protection of Consumer Rights". The exchange and return of goods occurs within 14 days from the date of purchase. The day of purchase is the day when you received the goods at Nova Poshta.
If you purchased the goods through Nova Poshta, then the exchange and refund will be carried out also through Nova Poshta. The product must be sent in the same form as you received it:

• without the slightest sign of use;
• in undamaged packaging and all accessories.
  
  

Returnable goods are registered at the branch number 22 of the New Mail at the address: Dnipro, st. Greenhouse 21, no cash on delivery, at the expense of the sender. After sending, you must inform the TTN number to the store manager by phone 097 296 3230.

When returning, for convenience, the money is returned to the client to the card, the number of which must be specified by the store manager. Shipping charges for return shipping will be charged.

When exchanging for another more expensive model, the buyer pays the difference in price. In this case, re-delivery is paid by the buyer.