Public Offer
Terms and Conditions of Use
The owners of the website marian.com.ua, and the Marian mobile application and other services, the Marian online platform and other services, marian.com.ua are LLC "Marian" (EDRPOU code: 34419320, address: Hayova Street, 54, Ternopil, Ukraine) and LLC "Marian-Agro" (EDRPOU code: 40843201, address: Hayova Street, 54, Ternopil, Ukraine).
The following terms of use (hereinafter - "Terms") apply to the use of the website marian.com.ua (hereinafter - "Website") and/or the Marian mobile application (hereinafter - "Mobile Application") and/or other services (hereinafter - "Services"), including the use of the Marian online platform and/or other services, marian.com.ua (hereinafter collectively - "Marian Online Platform" and/or "Online Platform"), including when using the Marian Online Platform, placing orders, communicating, telephone conversations, leaving feedback, etc. by users ("Users"). This Agreement is an open offer within the meaning of the provisions of the current legislation of Ukraine: the commission of a decisive action by a person intending to use the Marian Online Platform (hereinafter - "User"/"Buyer", in the plural - "Users"/"Buyers") is the User's (hereinafter - "User"/"Buyer", in the plural - "Users"/"Buyers") decisive action is the unconditional acceptance of all provisions of these Terms. The User acknowledges that acceptance of these Terms is equivalent to signing and concluding these Terms in accordance with the conditions set forth in this document. If any part of these Terms of Use is found to be invalid or unenforceable, the remaining parts shall remain in full force and effect.
These Terms of Use define the general terms and conditions relating to the creation of an individual user account, the placement and acceptance of orders for execution, delivery and return of goods, as well as the marketing aspects of interaction between the user and the Marian Online Platform.
If you, the user, do not agree with these Terms, you do not have the right to use the Marian Online Platform. In the event of changes to these Terms, it is considered that you agree to these Terms from the date of the changes, so please check these Terms regularly.
By agreeing to these Terms, the user agrees to comply with the Privacy Policy ("Privacy Policy").
We respect your right to privacy and the right to non-disclosure of your personal data. These Terms are the terms used by all users of our services and govern the collection and use of personal data that may be requested/received during access to the online platform, orders, correspondence, telephone conversations and other communications during which data/information is exchanged. If you have any questions or concerns regarding privacy or wish to withdraw your consent to the use of your personal data, it is sufficient to send an email with the subject line "Personal Data" to the following email address:
marian.ternopil@gmail.com.
Contacting the Online Platform
- Electronically at the following address: marian.ternopil@gmail.com
- Via online chat available on the website marian.com.ua
User requests via email or online chat are accepted 24 hours a day, but are processed on business days.
User's Personal Data.
When a User places an order, participates in a promotion, conducts a survey, or otherwise interacts with the Online Platform, the Online Platform collects both personal data and general data.
Personal data relates to individual users and is processed in the manner, within the limits, and for the purposes defined by the Privacy Policy (hereinafter - the Policy). At the same time, in order to browse the Online Platform and access its content, you do not need to register or provide such information.
For the purpose of ordering goods/services, participating in promotions, conducting surveys, or other interaction with the online marketplace, you must carefully read the rights and obligations regarding the processing of personal data set forth in Article 8 of the Law of Ukraine "On the Protection of Personal Data" and in the Privacy Policy and these Terms of Use, and you must fully read and agree to their terms. If you do not agree with the terms of these Terms of Use and the Privacy Policy, please do not provide any personal data (hereinafter - personal data). Processing of personal data for the purpose of purchasing goods on credit.
In addition to the Privacy Policy, in accordance with the requirements of the Law of Ukraine "On the Protection of Personal Data", by filling out the application form for consideration of the possibility of purchasing goods on credit on the Online Platform and clicking the "Confirm Order" button, the user gives consent to the processing of personal data by the following persons: JSC CB "PrivatBank" (EDRPOU code - 14360570), JSC "Credit Agricole Bank" (EDRPOU code - 14361575), JSC "Oschadbank" (EDRPOU code - 00032129), as well as other financial institutions that provide financing opportunities on the "Marian" Online Platform. By virtue of this Agreement, the User does not object to the financial institutions specified herein verifying information in Ukrainian credit history bureaus for the purpose of clarifying information (including credit information) related to the fulfillment of their obligations under this Agreement. At the same time, the User understands that the scope of information to be verified may include information constituting banking secrecy, and that, if necessary, the verification of such information is complete and sufficient for understanding the User's social and property status, their solvency, and possible future property liability.
The User also agrees that the Owner has the right to provide and transfer access to personal data to third parties without additional notification and without changing the purpose of processing defined in the Privacy Policy and these Terms. This implies the possibility of necessary clarification of this information, including for verifying the information provided by the user and not objecting to the transfer of this information to third parties: financial institutions, collection companies, mobile and postal operators, other individuals and/or legal entities. The User agrees that the Bureau may request and receive data and information in aggregated indicative form using available calculation models, based on information contained in the user's credit history and/or available from open sources from third parties, and also agrees that the owner and/or third parties consent to the use of this information for identifying and providing owners of personal accounts on the Internet. Third parties providing services
Third Parties Providing Services
For the execution and delivery of orders, provision of customer support, data analysis, and other services, the User agrees to use the services of third parties. The transfer of the User's personal data for processing to third parties will take place to the extent and under the conditions defined by these Terms of Use and the Privacy Policy.
Disclosure and transfer of information
Information on the terms of disclosure of personal data to third parties is set forth in the Privacy Policy.
Personal Accounts
A personal account is a full-fledged tool that allows for more convenient purchases on the online platform. By registering on the online platform, users have the ability to manage their purchases.
Users have the right to delete their personal account.
Cookie Policy.
Like many other companies, we use cookies on and off our online platform. Cookies are pieces of information that the online platform transfers to the consumer's (user's) hard drive and stores information relevant to the online platform. This technology enhances internet usage by saving user settings for browsing specific sites; cookies do not contain any personal information and cannot configure the user's system or read any information from the user's hard drive. While browsing the online platform, we may place cookies on your computer. These temporary cookies are used to count the number of visits to our online platform. They are deleted when you close your browser. Persistent cookies may be stored on your computer by your browser. This type of cookie informs you during registration whether you are visiting us for the first time or have visited our online platform before. Cookies do not contain any personal information and can be blocked by you at any time. Cookies do not obtain any personal information about you and do not provide us with your contact details. We use cookies to identify the characteristics of the online platform and offers that you prefer in order to provide you with more information that interests you.
Cookies also allow us to track violations of our privacy policy by visitors and devices; they allow us to assess the number and frequency of requests, as well as identify and block visitors or devices attempting to bulk download information from the online platform. The "Help" label on the toolbar of most browsers tells you how to prevent your browser from accepting new cookies, how to make your browser notify you when you receive a new cookie, or how to disable cookies. Also, the online platform https://marian.com.ua may contain links to sites not managed by LLC "Marian" and LLC "Marian-Agro". Such links are provided for informational purposes only. When you follow links to other sites, the operation of these Terms of Use of this site and these Privacy Terms does not extend to such sites. The online platform https://marian.com.ua may include modules: Facebook, Twitter, Youtube (youtube.com), Google, Telegram, Instagram, Viber.
These modules may be buttons for synchronizing an account on the Online Platform https://marian.com.ua, Like, retweet, or "Like" accordingly. If a visitor has opened one of the web pages equipped with such a plugin, their internet browser will directly connect them to the servers of Facebook, Twitter, LinkedIn, Google+, Youtube Telegram, Instagram, Viber. The plugin will transmit data to the server about which specific web pages of the Online Platform https://marian.com.ua the visitor has viewed. When using any of the plugin's functions, this information will also be synchronized with the visitor's account on Facebook, Twitter, Google+, Youtube, Telegram, Instagram, Viber. More detailed information about the collection and use of data by Facebook, Twitter, Google+, Youtube Telegram, Instagram, Viber, as well as about rights and options for protecting personal data in this context, can be found in the privacy sections on the websites of Facebook, Twitter, LinkedIn, Google+, Youtube, Telegram, Instagram, Viber.
By using the Online Platform, the User agrees to confirm orders, evaluate the quality of order fulfillment, receive notifications by email, messengers, including but not limited to Viber, Telegram, and WhatsApp, by phone, including those related to the quality of services. The User agrees to receive push notifications, marketing emails, newsletters, questionnaires for evaluating the quality of services provided, and analytical reviews. The User also has the right to publish reviews about the received goods.
Prices and Availability of Goods
The description of goods presented on the Internet Platform, including prices displayed on the Internet Platform and information about the availability of goods, may be changed. The order amount may change depending on the price, quantity, and assortment of Goods available from the Seller on the date of shipment. The final cost of the Goods will be indicated in the payment and/or shipping documents provided to the Buyer (or their agent) upon receipt of the order. If the goods are unavailable, the seller has the right to unilaterally cancel the order.
Contests and Promotions
The Marian Online Platform may publish announcements of promotions for participation in which online registration is possible. In such cases, we use the information provided by the user to conduct the promotion (for example, to notify the user of a win).
By participating in a promotion, the user expressly agrees that we may freely use the user's name, surname, photograph, interview, and any other materials relating to the user for advertising purposes. This includes the right to publish the user's name and photograph in mass media, in any printed materials, audio materials, video materials, and interviews with mass media. Such use is not compensated (without compensation).
The terms of transfer of personal data to third parties in such cases are set forth in the Privacy Policy.
Order Processing.
Orders on the online platform can be placed by registered users with access to their personal account and users who have not created a personal account.
The user places an order on the Online Platform through their personal account by filling out the order form on the Website or in the Application in the following order:
1. The User adds the selected goods to the "Cart" and proceeds to the order form.
2. A User who already has an account confirms in the order form the validity of the data necessary for the conclusion and execution of the sales contract. Users placing an order for the first time must enter the data necessary for the conclusion and execution of the sales contract in the order form or log in using their Apple or Google account. In any case, providing old and false user data may impede the execution of the order.
3. In the order form, the user provides the following data relating to the user: name, surname, contact phone number and/or email address, as well as data relating to the sales contract: goods, quantity of goods, place and method of delivery of goods, method of payment, data relating to the recipient of the order (if the recipient of the order is a third party). Providing an email address is not mandatory. Depending on the chosen method of delivery of the goods, the user may also be asked to provide the following data: address (street, house/apartment number, postal code, place of residence, country). If the user wishes to make payment on behalf of a business entity (legal entity or individual entrepreneur), it is also necessary to indicate the details of the business entity. If an invoice with VAT is requested as part of the form, it is also necessary to indicate the VAT number.
4. The user chooses one of the methods of delivery and payment of goods offered by the online platform.
5. The user places an order (submits an offer) using the functions available for this purpose on the online platform (the "Order and Pay" button).
6. If the User places an order for the first time on https://marian.com.ua and in the corresponding application, the User is prompted to confirm their contact phone number by entering the code received by the User via SMS message or Viber messenger in the appropriate field of the order form. If the User has already registered the corresponding account on the Online Platform and placed an order but has not confirmed the phone number, the Online Platform will automatically perform an action aimed at confirming and verifying the specified phone number.
7. During the ordering process, until the "Order and Pay" button is clicked, the user has the opportunity to independently adjust the input data relating to the selected goods by adding or removing the corresponding goods from the "Cart". Removing one product may automatically lead to the removal of another product from the "Cart" due to a direct link between the products.
8. The user may be redirected to the page of a third-party payment service provider to make a payment, depending on the chosen payment method.
9. The user acknowledges that carriers, delivery services, financial companies, etc. (collectively "Third Parties") may set additional fees and tariffs for services provided by Third Parties, regardless of the intentions of the Online Platform. The Online Platform is not responsible for any changes to such fees or tariffs. The Online Platform will make all reasonable efforts to inform the Subscriber of any such changes.
10. By clicking the "Checkout" button, the User agrees to pay all applicable fees and charges added to the order amount. Before placing an order, the User is obliged to familiarize themselves with the terms of this Agreement and comply with them.
After placing an order, the online platform will immediately confirm its receipt and send a notification to the email address that the order has been accepted.
In case of unavailability of the goods or service or other obstacles, the Website contacts the User individually at the email address or phone number specified by the User.
Information about the order status will be communicated to the User in one or more available ways, such as the status in the User's personal account, email notification, or online chat in the User's personal account.
The online platform reserves the right to impose restrictions on the User's order of certain goods. This especially applies to cases where such goods are offered as part of a promotion. Any restrictions will be displayed on the online platform in each specific case.
