PUBLIC CONTRACT (OFFER)
sale and purchase (goods, services)
1. General terms and conditions
1.1 This contract is an official and public offer of MAGHELP to conclude a contract of sale (goods, services), presented on the site https://maghelp.net.
1.2 This Agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, publicly offers to a wide and unlimited circle of persons (individuals) - "Customers" the opportunity to receive individual and information services (in the text - "Agreement" or "Public Agreement") defined in this Agreement (in the text - "Services"), provided offline or via the Internet, including through the use of messenger applications (Telegram, Skype, Zoom, Viber, other and/or social networks).
1.3 The terms and conditions of the Contract are the same for all customers, without giving advantage to one customer over another.
1.4 By concluding this Agreement, the Customer fully accepts the terms and conditions and procedure for placing an order, payment for services, fulfilment of the order, refund, liability for unfair order and all other terms and conditions of the Agreement.
1.5 The Agreement shall be deemed concluded from the moment of clicking the "Pay" button on the order placement page and receipt by the Customer of an electronic order confirmation from MAGHELP.
2. Definition of terms
2.1 Contract - Public offer (hereinafter - "Offer") - an electronic contract for the provision of Services, concluded between MAGHELP and the Customer, as a result of the latter's acceptance of the Offer, executed in electronic form.
2.2 MAGHELP - a natural person-entrepreneur Dragomirov V.A., registered in the Unified State Register of Legal Entities, Physical Entrepreneurs and Public Formations "25" October 2023, record number: 2010350000000434866, acting on the basis of Extract from the Unified State Register of Legal Entities, Physical Entrepreneurs and Public Formations.
2.3 Customer - any physical person (citizen / citizen), who has reached the age of 18, has civil legal capacity and full civil capacity, wishes to receive goods (services) defined by this Agreement.
2.4 The Parties are the Customer and/or MAGHELP.
2.5 Goods (services) - within the framework of this Agreement are understood the goods (services) presented on the website https://maghelp.net.
2.6 Payment system - within the meaning of this Agreement a payment organisation or a payment service (Liqpay, Fondy, WayForPay or others) that ensures the transfer of funds between the payer and the recipient (the Customer and MAGHELP).
2.7 Invoice - a document that specifies the goods and services that MAGHELP provides to the Customer and indicates the Customer's obligation to pay for these goods and services.
2.8. Website - Web pages in the Internet, located at https://maghelp.net, and created for the conclusion of contracts of sale and purchase of goods (services) on the basis of the Customer's familiarisation with the description offered by MAGHELP.
3. Subject of the Agreement
3.1 The Customer undertakes to pay for and accept the Service on the terms and conditions of this Agreement, and MAGHELP undertakes to transfer the Service to the Customer.
3.2 The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Customer of the terms and conditions of the Agreement shall be the date of payment by the Customer of the order placed on the Website or of the Invoice received from MAGHELP in electronic form.
3.3 This Agreement is concluded exclusively in electronic form.
4. Order placement
4.1 The Customer shall place an order independently on the MAGHELP website, or by placing an order by e-mail or via the link indicated in the contact section of the Website.
4.2 MAGHELP has the right to refuse to fulfil the order if the information provided by the Customer when placing the order is incomplete or suspicious of its validity.
4.3 When placing an order on the Website, the Customer undertakes to provide the following mandatory information necessary for MAGHELP to fulfil the order:
4.3.1. surname, first name of the Customer;
4.3.2. e-mail address (Email);
4.3.3. contact telephone number.
4.3.4. a clearly formulated question.
4.3.5. a link to the Instagram page (if any).
4.4 If any of the Parties to the Agreement needs additional information, it has the right to request it from the other Party. If the Customer fails to provide the necessary information, MAGHELP is not responsible for the provision of quality service to the Customer.
4.5 The Customer accepts the terms of this Offer by entering the relevant data into the registration form on the Website or by paying the Invoice received from MAGHELP in electronic form. 4.6 The Customer is responsible for the accuracy of the information provided when placing an Order.
4.7 By concluding the Agreement, i.e. by accepting the terms and conditions of this offer (the proposed conditions for purchasing the Service) by placing an Order, the Customer confirms the following:
a) the Customer is fully and completely familiarised with and agrees to the terms and conditions of this offer (offer);
b) the Customer authorises the collection, processing and transfer of personal data; the authorisation to process personal data is valid for the entire term of the Agreement and for an unlimited period of time after its termination. In addition, by concluding the Agreement the Customer confirms that he is notified (without further notice) of the rights established by the Law of Ukraine "On Protection of Personal Data", of the purpose of data collection, as well as that his personal data are transferred to MAGHELP in order to be able to fulfil the terms of this Agreement, the possibility of mutual settlements, as well as for the receipt of invoices, acts and other documents. The Customer also agrees that MAGHELP has the right to provide access and transfer his personal data to third parties without any additional notice. The scope of the Customer's rights as a subject of personal data in accordance with the Law of Ukraine "On Protection of Personal Data" is known and clear to him.
5. Cost of Services and Settlement Procedure
5.1 Prices for services are determined by MAGHELP independently, presented on the Website and/or in accordance with part one of Article 632 of the Civil Code of Ukraine, are established by agreement of the parties.
After taking into account all the wishes of the Customer, the Parties agree on the final price of the service through an additional agreement verbally. The confirmation of the price agreement is 100% payment of the invoice by the Customer.
5.2 All prices for the Services are provided in UAH, without VAT.
5.3 Prices for the Services can be changed unilaterally by the Contractor depending on the market conditions. At that, the price of a separate unit of the Service, the cost of which is paid by the Customer in full, cannot be changed unilaterally by the Executor.
5.4 The Customer has the opportunity to send payment by any method of payment service (bank card, Google Pay, Apple Pay, etc.). Additional commission fee of the payment service may be charged during the payment.
5.5 The Customer's obligations to pay for the Services are considered fulfilled from the moment of receipt of funds to the MAGHELP account. By making a payment, the Customer confirms that he voluntarily transferred funds to MAGHELP and that all services have been provided to the Customer in full.
5.6 Settlement between MAGHELP and the Customer for the Service shall be made in the following ways:
- via the payment form on the page https://maghelp.net.
- payment according to the Invoice received from the Contractor in electronic form.
When paying for the order by bank card, the payment processing (including entering the card number) takes place on a secure page of the Bank's processing system. This means that confidential data (card details, registration data, etc.) are not transferred to the Service website, their processing is fully protected and no one can obtain the User's personal and banking data.
5.7 The Parties agree to consider the date of receipt of funds at the disposal of MAGHELP as the date of payment.
6. Terms and procedure for provision of services
6.1 MAGHELP shall provide services in accordance with the terms and conditions of this Agreement.
6.2. Provision of Tarot reading is performed within 1-3 days from the date of receipt of payment from the Customer. The term may be increased in case of a large queue or due to force majeure circumstances, but not more than for 10 days. In case of impossibility to fulfil the order within the specified term, MAGHELP undertakes to return the paid funds, without taking into account the bank commission.
6.3 Isoteric and other services are provided on a first-come, first-served basis, within the terms that are agreed upon personally between MAGHELP and the Customer.
6.4 The time of the beginning/end of the order fulfilment is the remote provision to the Customer, via the Internet, including with the use of messenger applications (Telegram, Skype, Zoom, Viber, other and/or social networks), of photo/video fixation of the results of the order fulfilment.
6.5 The results of the services are provided "AS IS" and may not coincide with the Customer's personal expectations.
6.6 Payment for the ordered services means the Customer's sufficient and complete familiarisation with the characteristics of the individual and/or informational services to be paid for, information about the terms of their provision, expected volumes, all information and data, the provision of which is necessary for the Customer to make a conscious and balanced choice. As well as familiarisation with the content and scope, cost and the way of its determination, terms, procedure and characteristics of provision of MAGHELP services under this Agreement, with the content of this Agreement in full and in an accessible form.
7. Rights and obligations of the Parties
7.1.MAGHELP shall:
7.1.1.To transfer to the Customer the results of the service fulfilment in accordance with the terms and conditions of this Agreement and the provided order.
7.1.2.Not to disclose any private information about the Customer and not to provide access to this information to third parties, except in cases provided for by law and during the fulfilment of the Customer's order.
7.2.MAGHELP has the right:
7.2.1 To change the terms and conditions of this Agreement, as well as the prices for the Services, unilaterally by posting them on the Website.All changes come into force from the moment of their publication.
7.3 The Customer undertakes:7.3.1 To familiarise himself with the content of the Agreement, the terms and conditions of the Agreement and the prices offered by MAGHELP on the Website and/or in the personal calculation of the cost of the order prior to the conclusion of the Agreement.
7.3.2 In fulfilment of MAGHELP's obligations towards the Customer, the latter shall provide all the necessary data unambiguously identifying him as the Customer and sufficient to provide the Customer with the ordered Service.
8. Cancellation of the Service and refund
8.1 The Customer has the right to cancel the Service and request a refund. In order to be entitled to a refund, the Customer must notify MAGHELP before the execution of the order.
8.2 The Customer has no right to refuse the service if the order has been taken into work (is in the process of fulfilment or has already been fulfilled), the determination of the beginning of the fulfilment of the order is regulated by clause 6.4 of this Agreement.
8.3 If the Customer's personal expectations do not coincide with the result of the performance of the service according to clause 6.5 of this Agreement, this cannot be the basis for a refund.
8.4. The Customer shall be refunded the cost of the Service within 30 (thirty) calendar days from the moment of receipt by MAGHELP of the Customer's cancellation of the Service, provided that the requirements stipulated in clauses 8.1.- 8.3. of the Agreement are met. Agreement.
8.5 The cost of the Service shall be refunded by bank transfer to the Customer's account, less the funds spent on the preparation of the order fulfilment (purchase of necessary materials and ingredients, payment for the services of third parties involved in the fulfilment of the conditions of the order .... etc.).
8.6 The submission of a request for cancellation and reimbursement in cases provided for by law and this Agreement shall be made to the e-mail address indicated on the MAGHELP website in the "Contacts" section.
9. Liability and limitation of liability
9.1 MAGHELP is not liable for the consequences caused to the Customer or third parties as a result of the fulfilment of the Order received from the Customer.
9.2 MAGHELP is not liable for improper, untimely fulfilment of Orders and its obligations in case the Customer provides inaccurate or false information.
9.3. The Parties are responsible for fulfilment of their obligations in accordance with the current legislation of Ukraine and provisions of this Agreement.9.4. The Customer releases MAGHELP from responsibility for any losses, damages, penalties, other additional expenses, including expenses for legal assistance, which have arisen as a result of violations by the Customer of the provisions of this Agreement, requirements of the legislation of Ukraine.
9.5 The Parties are released from responsibility for full or partial non-fulfilment of their obligations, if non-fulfilment is a consequence of force majeure circumstances as: war or military actions, earthquake, flood, fire and other natural disasters, which have arisen independently of the will of MAGHELP and/or the Customer after the conclusion of this Agreement. The Party that is unable to fulfil its obligations shall immediately notify the other Party.
10. Confidentiality and protection of personal data.
10.1.By providing his/her personal data on the Website when registering or placing an Order, the Customer gives MAGHELP his/her voluntary consent to the processing, use (including transfer) of his/her personal data, as well as the performance of other actions provided by the Law of Ukraine "On Protection of Personal Data", without limitation of the validity period of such consent.
10.2. MAGHELP undertakes not to disclose the information received from the Customer. It is not considered a violation to provide MAGHELP with information to counterparties and third parties acting on the basis of the contract with MAGHELP, including for fulfilment of obligations to the Customer, as well as in cases when disclosure of such information is established by the requirements of the current legislation of Ukraine.
10.3. The Customer is responsible for keeping his personal data up-to-date. MAGHELP is not responsible for poor performance or failure to fulfil its obligations due to the irrelevance of information about the Customer or its inconsistency with reality.
11. Confirmation from the Customer
11.1 By accepting this Agreement, the Customer confirms the following:
- is a legally capable person and no proceedings have been instituted against him/her for declaring him/her incapable of exercising his/her legal capacity or limited legal capacity;
- at the moment of registration or in case of any other action regulated by this Agreement, agrees to the processing of his/her personal data, according to the purposes specified in this Agreement and its annexes;
- The Customer voluntarily gives his unconditional consent to the processing by MAGHELP, any involved third parties in connection with the performance of this Agreement personal, medical other data received from the Customer as a result of legal relations under this Agreement, as well as unconditional consent to keep the history of communication between the Customer and MAGHELP using any storage devices. Processing includes, but is not limited to, the collection, registration, accumulation, storage, adaptation, updating, use and dissemination (including transmission), destruction of the data processed by MAGHELP;
- The Customer realises that the services received in accordance with the terms of this Agreement cannot be considered as medical or psychological assistance. In order to receive medical care and other types of medical services, it is necessary to consult a doctor or a health care institution;
- will adhere to the assurances set forth above in this clause of the Contract. Said assurances shall be deemed to be repeated each time services are provided (received by the Customer) from MAGHELP and during the term of this Agreement;
- The Customer entirely agrees to clauses 8.2 to 8.3 of this Agreement and will have no claim against MAGHELP, for a refund.
12. Other terms and conditions
12.1 This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
12.2 All disputes arising between the Parties shall be settled by negotiations. In case of failure to reach the settlement of the dispute by negotiations, the Customer and/or MAGHELP have the right to apply for dispute resolution to judicial authorities in accordance with the current legislation of Ukraine.
12.3 MAGHELP has the right to make changes to this Agreement unilaterally, provided by cl. 5.2.1. of the Contract. In addition, amendments to the Contract may also be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
13. Final provisions
13.1 The Parties assert that conclusion of this Contract is aimed at the real occurrence of legal consequences, which are caused by it; the will of the Parties is free and corresponds to their internal will and real intentions; this Contract does not have the character of fictitious and imaginary transaction; the Customer agrees with the prices, cost, specified by MAGHELP, with the order and terms of payment for services, the order of approval of changes in the terms of the Contract; the Parties assert that they are fluent in the Ukrainian language, in which the terms of the Contract are set out; the Parties assert that before conclusion of this Contract they have received in full in a clear and understandable way all necessary, accessible, reliable and timely information and that is necessary for the realisation of the consciousness of the Customer.
13.2 The Customer confirms that prior to conclusion of the present Agreement has received in full in a clear, understandable way all necessary, accessible, reliable and timely information and which is necessary for realisation of conscious choice of the Customer and making a balanced decision on acceptance of the conditions of the present Agreement.
13.3 Assignment of the right of claim and (or) transfer of debt under this Agreement by the Customer to third parties is allowed only subject to prior written agreement with MAGHELP.
14. Contact information of MAGHELP
If you have any questions, please contact us in any convenient way:
Email: maghelp@ukr.net
Telegram: https://t.me/maghelpme means.