Public offer

1. Definitions of terms

1.1. Public offer (hereinafter — the «Offer») — the public proposal of the Seller, addressed to an indefinite number of persons, to conclude with the Seller a contract for the sale of services by means of distance selling (hereinafter — the «Agreement») on the terms set out in this Offer.

1.2. Service — the object of the parties’ agreement that was selected by the buyer on the website and placed in the cart, or already purchased by the Buyer from the Seller by means of distance selling.

1.3. The Seller’s website at https://professional-english.online is created for the conclusion of contracts for the provision of services on the basis of the Buyer’s review of the description of the Services offered by the Seller via the Internet.

1.4. Buyer — a legally capable natural person who has reached the age of 18, who receives information from the Seller, places an order to purchase the Services presented on the Seller’s website for purposes not related to carrying out entrepreneurial activity, or a legal entity or a natural person-entrepreneur.

1.5. Seller — ФОП Барабаш Володимир Юрійович (TIN 2564101011), state registration record number 24800000000099494, date of state registration 30.07.2008, a natural person-entrepreneur acting in accordance with the current legislation of Ukraine, located at: Ukraine, 61100, Kharkiv region, city of Kharkiv, Kominternivskyi district, Marshala Zhukova ave., bldg. 10-D, apt. 11.

2. Subject of the Agreement

2.1. The Seller undertakes to provide English-language teaching Services, and the Buyer undertakes to pay for and accept the Services on the terms of this Agreement.

2.2. The date of conclusion of the offer agreement (acceptance of the offer) and the moment of the Buyer’s full and unconditional acceptance of the terms of the Agreement is deemed to be the date on which the Buyer completes the order form located on the Seller’s website, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the Buyer’s request, the Agreement may be executed in written form.

3. Placing an Order

3.1. The Buyer independently places an order on the website through the «Cart» form, or by placing an order by email or by the phone number indicated in the contacts section of the website.

3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts as to its validity.

3.3. When placing an order on the website, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfil the order: the Buyer’s surname and first name; the address to which the Goods should be delivered (if delivery to the Buyer’s address applies); a contact phone number; the identification code for a legal entity or a natural person-entrepreneur.

3.4. The names and prices of the Services selected by the Buyer are indicated in the Buyer’s cart on the website.

3.5. If either Party to the agreement requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the required information, the Seller bears no liability for providing a quality service to the Buyer.

3.6. When placing an order through the Seller’s operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3–3.4 of this Offer.

3.7. The Buyer’s acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data into the registration form on the website or when placing an Order through the operator. After an Order is placed through the operator, the Buyer’s data is entered into the Seller’s database.

3.8. The Buyer is responsible for the accuracy of the information provided when placing an Order.

3.9. By concluding the Agreement, that is, by accepting the terms of this proposal (the offered terms for purchasing the Services) through placing an Order, the Buyer confirms that they are fully and completely familiar with and agree to the terms of this proposal (offer), and also grants permission for the collection, processing, and transfer of their personal data on the terms defined by the Law of Ukraine «On Personal Data Protection» and this Agreement.

4. Price of providing the Services

4.1. Prices for the Services are determined by the Seller independently and are indicated on the website. All prices for the Services are indicated on the website in hryvnias, including VAT.

4.2. Prices for the Services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of an individual unit of the Services whose cost has been paid in full by the Buyer may not be changed by the Seller unilaterally.

4.3. The Buyer’s obligations to pay for the Service are deemed fulfilled from the moment the funds are received into the Seller’s account.

4.4. Settlements between the Seller and the Buyer for the Service are carried out by the methods indicated on the website in the «Payment» section.

5. Rights and obligations of the Parties

5.1. The Seller is obliged to: provide the Buyer with the Service in accordance with the terms of this Agreement and the Buyer’s order; not disclose any private information about the Buyer and not provide access to this information to third parties, except in cases provided for by law and during the fulfilment of the Buyer’s Order.

5.2. The Seller has the right to change the terms of this Agreement, as well as the prices for the Services, unilaterally, by posting them on the website. All changes take effect from the moment of their publication.

5.3. The Buyer undertakes to: before concluding the Agreement, familiarise themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the website; for the Seller to fulfil its obligations, provide all the necessary data that unambiguously identifies them as the Buyer and is sufficient for providing the Buyer with the ordered Service.

6. Return of Goods

6.1. The return to the Buyer of the cost of Services not provided through the fault of the Seller is carried out within 30 (thirty) calendar days from the moment the provision of the Services by the Seller ends.

6.2. The cost of the Services is subject to return by bank transfer to the Buyer’s account.

6.3. The consideration of claims provided for by the Law of Ukraine «On Consumer Rights Protection» is carried out by the Seller subject to the Buyer providing the documents stipulated by the current legislation of Ukraine. The Seller is not liable for defects in the Services that arose as a result of the Buyer’s failure to receive the Service, the actions of third parties, or force majeure.

7. Liability

7.1. The Seller is not liable for improper or untimely fulfilment of Orders and of its obligations in the event that the Buyer provides inaccurate or erroneous information.

7.2. The Seller and the Buyer bear liability for the fulfilment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.3. The Seller or the Buyer is released from liability for the full or partial failure to fulfil their obligations if such failure is the result of force majeure circumstances, such as: war or military operations, earthquake, flood, fire, and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. The Party that is unable to fulfil its obligations immediately notifies the other Party of this.

8. Confidentiality and protection of personal data

8.1. By providing their personal data on the website upon registration or when placing an Order, the Buyer grants the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as to carrying out other actions provided for by the Law of Ukraine «On Personal Data Protection», without any limitation on the term of validity of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of a contract with the Seller, including for the fulfilment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not liable for the poor performance or failure to perform its obligations due to the information about the Buyer being out of date or inconsistent with reality.

9. Other terms

9.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In the event that the disputed matter is not settled through negotiations, the Buyer and/or the Seller have the right to apply to the judicial authorities for resolution of the dispute in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to make changes to this Agreement unilaterally, in the manner provided for in clause 5.2 of the Agreement. In addition, changes to the Agreement may also be made by mutual consent of the Parties in the manner provided for by the current legislation of Ukraine.