1. General Provisions
1.1. Pursuant to Art. 633, 641 and Chapter 63 of the Civil Code of Ukraine, this User Agreement (hereinafter the “Agreement”) is a public contract (offer) presented for an indefinite number of persons regardless of their legal status (individual, legal entity, individual entrepreneur) that wish to purchase products at MELOVINMUSIC Online Store at: https://melovinmusic.com/.
1.2. This Agreement is made between the administration of MELOVINMUSIC website (hereinafter the “Administration”) with the domain name https://melovinmusic.com/ (the “Website”), and the individual that has visited the Website’s page(s) and/or used one of the services provided within the Website (the “User”).
The Agreement regulates the use of resources, services, features of the Website provided by the Administration for obtaining information, ordering products and services, communication.
1.3. Unless otherwise provided herein, the following terms shall have the meanings defined below:
Acceptance shall mean full acceptance of the terms and conditions hereof by the Visitor or the Buyer
User shall mean any individual that uses Internet and accesses MELOVINMUSIC and/or any person regardless of their legal status (individual, legal entity, individual entrepreneur) that order and pay for the products at MELOVINMUSIC.
Product shall mean a tangible item allowed for free circulation on the territory of Ukraine in accordance with the current legislation of Ukraine, manufactured and distributed through MELOVINMUSIC Online Store.
Sign-Up shall mean a procedure where the User, by filling in appropriate forms at MELOVINMUSIC Online Store, provides the information (personal data) required for ordering and paying for Products at MELOVINMUSIC. Online Store.
Personal Data shall mean information or a set of data on an individual provided by the User during the Sign-Up that allow to identify the User.
1.4. If the User does not agree with any terms and conditions hereof, the User shall not use this Online Store. By signing up at MELOVINMUSIC Online Store, the User acknowledges that he/she has read and understood this Agreement and accepts it completely and unconditionally.
1.5. This Agreement may be amended and/or supplemented by the Administration of the Online Store unilaterally without any notice. The new or amended Agreement shall enter into force upon being posted on MELOVINMUSIC Online Store Website.
2. Sign-Up at Online Store Website
2.1. In order to place orders in the Online Store, the User shall enter the necessary data for ordering Products on the Website.
2.2. In order for the Website Administration to fulfil its obligations to the User and deliver the Products that has been paid for by the User, the User shall provide accurate and exact personal and contact information.
3. Personal User Information
3.1. By accepting this Agreement, the User consents to collection and use of certain information about him/her in accordance with the provisions of the Law of Ukraine “On Protection of Personal Data”.
3.2. The User’s Personal Data shall be processed for the following purposes:
Invoicing and delivery of Products;
Ensuring timely and high-quality user support and communication;
Collection of statistical information on operation of MELOVINMUSIC Online Store;
Other purposes in compliance with the current legislation of Ukraine.
4. Ordering Products from Online Store
4.1. The User can place an order independently on MELOVINMUSIC Online Store Website. After placing the order, the User will receive a notice to the email address indicated by the User with confirmation of the order and availability of the Products or the expected date of availability thereof if they are out of stock.
4.2. When placing an order in quantities exceeding one unit of one article, if there are not enough units in stock, the Website Administration shall notify the User thereof by email. The User can agree to accept the Products in the quantity available in stock of the Website Administration or cancel the order. If no response to the email is received within 3 days, the Website Administration may cancel the order.
4.3. If the Products specified on MELOVINMUSIC Online Store Website are out of stock due to technical problems, as well as for other reasons beyond the control of the Website Administration, the order shall be cancelled and the User shall be informed thereof by a notice.
4.4. Terms of payment and delivery of the Products are specified in the “Delivery and Payment” Section.
5. Rights and Obligations of the Parties
5.1. The User shall have the right to:
5.1.1. Use the services of the Website, search, browse and comment on the content published on the Website, post links to the content published on this Website or other web resources, post other content in the formats specified by the Administration;
5.2. The Administration shall have the right to:
5.2.1. Create, modify, cancel the provisions of the Agreement and the Terms of Use of the Website unilaterally at its sole discretion;
5.2.2. Terminate the Agreement with the User unilaterally at any time, in particular if the User has violated any provision hereof or acted in a way that explicitly indicates that the User does not intend or is unable to comply with the provisions hereof;
5.2.3. Restrict access to any information provided on the Website including information posted by the User; edit or delete information posted by the User unilaterally at its sole discretion;
5.2.4. If the User violates the terms of the Agreement, block the user, ban the User from accessing the Website as a whole or certain pages, features and individual services thereof by IP address or by other means at any time;
5.3. The User shall:
5.3.1. Use the content of the Website without violation of copyright and related property and non-property rights, comply with the current legislation of Ukraine on copyright and related rights;
5.3.2. Ensure the accuracy of information when posting it on the Website;
5.3.3. When publishing information, the author of which is not the User, comply with the current legislation of Ukraine on copyright and related rights;
5.3.4. Refrain from posting information that contains elements of discrimination, aims at promoting war, inciting national, ethnic, racial or religious hatred and hostility, calls for violent change or overthrow of the constitutional order, seizure of state power, change of the state border of Ukraine, violence, destruction of property, seizure of buildings or facilities, aggression or resolution of military conflict, as well as other information contrary to the current legislation of Ukraine;
5.3.5. Refrain from promoting computer, audio and video piracy in any form, publishing links to files and/or websites that directly violate or contribute to infringement of copyrights of third parties (torrent trackers, file sharing sites, warez sites, etc.);
5.3.6. Refrain from offensive statements and illegal actions in relation to other Users and representatives of the Website Administration, from posting messages aimed at provoking strong response of other participants of the resource (trolling);
5.3.7. Refrain from using profanities in the comments and other publications on the Website;
5.3.8. Refrain from posting advertising, commercial messages, ads, etc., which are not unauthorized by the Website Administration;
5.3.9. During sign-up and filling in relevant dialogue windows on the Website, provide accurate and correct information about the User and the User’s contact information.
6. Website Administration Disclaimer
6.1. The Website Administration shall not be liable for any errors or inaccuracies that may be found in the content of this Online Store. The Website Administration shall use reasonable efforts to ensure the accuracy and correctness of information on the Online Store Website. Any information and content are provided “as is”, without any warranties, direct or implied.
6.2. The Website Administration shall not be liable for any statements and opinions of Users of MELOVINMUSIC Online Store that are posted as comments or reviews. The opinion of the Website Administration may not coincide with the opinion and position of authors of reviews and comments. At the same time, the Website Administration shall use its best efforts to prevent publication of messages that violate the current legislation of Ukraine or ethical norms.
6.3. The Website Administration shall not be liable for any possible illegal actions of the User in relation to third parties or the same of third parties in relation to the User.
6.4. The Website Administration shall not be liable for any damages, losses or expenses (actual or potential) arising in connection with MELOVINMUSIC Online Store, the use or inability to use thereof.
6.5. For the purpose of the foregoing, the Website Administration reserves the right to delete information posted on MELOVINMUSIC Online Store Website and take any technical and legal measures to deny access to the Online Store by Users who, according to judgement of the Website Administration, hinder other Users in using the Online Store, or by Users who violate the terms and conditions hereof.
7. Confidentiality Clause
7.1. Collection, use and disclosure of information that may be deemed confidential shall be subject to the Confidentiality Agreement that can be found here.
7.2. By accepting the terms and conditions of the User Agreement and/or visiting the pages of the Website, using its services and features, the Visitor (User) automatically agrees to the terms of the Confidentiality Agreement, in particular, to provisions on the use of personalized and non-personalized, confidential information.
7.3. Information received by the Administration as a result of an individual (Visitor or User) visiting/signing up on the Website, including personal data of Users, shall be collected, stored, used, processed and disclosed by the Website Administration in accordance with the current legislation of Ukraine. An individual (Visitor or User) acknowledges and agrees to collection and processing of their personal data by the Website Administration in accordance with and for the purposes stipulated by the terms and conditions of the User Agreement and the Confidentiality Agreement in compliance with the current legislation of Ukraine and shall notify the Website Administration of any changes in their personal data.
7.4. Any properly registered names, trademarks, marks and slogans are the property of their respective owners. The content of the Website does not use symbols ® and/or ™ for their designation.
7.5. The Website Administration shall act in accordance with the current legislation of Ukraine. Any claims, disputes, official appeals shall be considered only in the manner prescribed by the current legislation of Ukraine.
8. Term and Termination
8.1. This Agreement shall be considered executed and shall come into force from the moment specified in clause 7.2. hereof, and extend for an indefinite period.
8.2. Actual use of the Website, any of its services and features, viewing its pages, filling in sign-up and dialogue windows on the Website by the Visitor (User) shall mean automatic acceptance of the terms and conditions hereof by the Visitor (User). In this case, the Visitor (User) acknowledges and agrees that the Website Administration will consider the use of the Website by the Visitor (User) as agreeing to the terms and conditions hereof from the respective moment.
9. Exchange and Return Policy
9.1. Pursuant to the Law of Ukraine “On Consumer Rights Protection”, the Products may be exchanged and returned within fourteen (14) calendar days upon receipt of the order by the User.
9.2. To be eligible for exchange and return, the Products shall not have been in use, shall have intact labels, be in marketable condition and be accompanied by all accompanying documents, as well as documentary evidence of payment (namely, payment receipt, courier invoice). No used Products shall be subject to return.
9.3. To return the Products, please send a request to the address and receive the actual address for return/exchange of the Products.
9.4. In the case of exchange and return of the Products, the shipping cost and the fee for money transfer shall be borne solely by the User.