OFFER AGREEMENT
This Agreement is an accession agreement, according to Art. 634 of the Civil Code of Ukraine, which is concluded between VANGARD MEDIA LLC (Publisher) and, accordingly, an individual, organisation or legal entity that agrees to the terms of this Agreement (after this referred to as the Subscriber or Buyer).
This Agreement, by Art. 633 of the Civil Code of Ukraine, is public and published online at: https://vogue.ua/offer.html.
1. Definition of the terms
1.1. The Publisher is the publisher of the printed mass media – Magazine “VOGUE UKRAINE EDITION” (after this – Magazine, Edition). The Publisher sells the Magazine by subscription through the websites https://vogue.ua/subscribe/shop and https://vogue.ua
(after this – the Site).
1.2. The Site User (Subscriber) is a person who entered into this Agreement on the Site by filling in personal data to subscribe to the Magazine with delivery per the terms of this Agreement (after this – Services).
1.3. A copy of the Journal is a separate printed issue of the Journal, which is assigned a specific serial number following the Journal release schedule.
1.4. Subscription to the Magazine – providing the Subscriber with the number of copies of the Magazine ordered and paid for by him at the price indicated on the Site on the payment date.
1.5. The book is a special irregular edition.
2. General regulations
2.1. The terms of this Agreement are the conditions for subscription and delivery of the Journal or purchase of the Book.
2.2. According to Art. 642 of the Civil Code of Ukraine, the acceptance of this Agreement is the fact of payment by the User on the Site (for registration of a regular subscription and/or for the purchase of a Magazine or Book).
2.3. This Agreement and the current legislation of Ukraine govern the relations of the Parties.
2.4. The current legislation of Ukraine governs this Agreement. By concluding this agreement, the subscriber, who is not a citizen of Ukraine, undertakes to comply with the requirements of the current legislation of Ukraine, which applies to the relations regulated by this Agreement.
3. Subject of the Agreement
3.1. Under the terms of this Agreement, the Publisher provides Services to the Subscriber, and the Subscriber undertakes to accept and pay for such Services of the Publisher in the manner established by this Agreement.
4. Price. Payment. Delivery
4.1. The Parties confirm that on the date of signing this Agreement by the Parties, they have agreed on the following:
4.1.1. The cost of 1 (one) copy of the Magazine (when purchased individually) is UAH 330.00. (without VAT);
4.1.2. The cost of 1 (one) copy of the Magazine “VOGUE UKRAINE EDITION #1 The Way of the Unbreakable” (when purchased individually) is UAH 330.00. (excl. VAT) when shipping across Ukraine. The equivalent of EUR 29.00 (excluding VAT) when shipping to other countries. In case of purchase of the Journal in different orders, the Publisher does not guarantee their dispatch in one package.
4.1.3. The price of the magazine’s special issue under the conditional name “UKRAINIAN WOMEN IN VOGUE” (after this also – Book 1) is UAH 750.00. (excluding VAT) when shipping across Ukraine. And the equivalent of EUR 69.00 (excluding VAT) when shipping to other countries.
4.1.4. The price of the magazine’s special issue with the conditional title “9 ½ YEARS OF VOGUE IN UKRAINE” (after this, also referred to as Book 2) is UAH 1,999.00. (without VAT) when shipping across Ukraine. And the equivalent of EUR 69.00 (without VAT) when shipping to other countries.
4.1.5. The cost of the Editions specified in clauses 4.1.1, 4.1.2, 4.1.3 and 4.1.4. of this Agreement, calculated in hryvnias – only under the condition of delivery within Ukraine. The cost of the Editions specified in clauses 4.1.1, 4.1.2, 4.1.3 and 4.1.4 of the Agreement, calculated in euros – subject to shipment to other countries except Ukraine.
4.1.9. Issues of the Magazine with the theme “Man” are one of the issues of the Magazine “VOGUE UKRAINE EDITION” (they have serial numbering throughout) and are sent to all Subscribers without exception.
4.1.10. The publisher can change the price of a publication at its discretion by changing the information on the website—the cost of the Editions that were paid for before the price change remains unchanged.
4.2. Delivery options, terms and conditions:
4.2.1. The cost of delivery of the Publication by “Ukrposhta” and/or any courier service chosen by the Publisher at its discretion is fully included in the cost of the Journal. It is not paid additionally by the Subscriber. The delivery cost by “Novaya Poshta” is according to the operator’s tariffs and is additionally paid by the Subscriber upon receipt of the Edition.
4.2.3. DELIVERY TIMES for each issue of the Edition depend on the chosen type of delivery and the addressee’s region of residence (delivery address) but take approximately 3 to 14 days from the publication date of the Journal. The publication date of the Journal is the date indicated in the original date of each issue of the Journal or the date indicated by the Publisher on the website as the date when the Journal is scheduled to be printed or sent. The publisher can change the date of sending Magazines and Books for pre-orders without notice by announcing a new date on the website. The Publisher has the right but is not obliged, to announce each new issue of the Magazine on the Internet at the address: https://vogue.ua
Sending the last edition by the date of issue by “Ukrposhta” and/or any courier service chosen by the Publisher at its discretion is possible, provided that the Subscriber has issued the subscription no later than 7 (seven) working days before the publication of the issue. Otherwise, the latter can be sent by the date of issue only by “Nova Poshta” at the expense of the Subscriber. The delivery of all subsequent issues of the Edition under such a subscription is possible by “Ukrposhta” and/or any courier service chosen by the Publisher at its discretion.
4.2.4. When ordering issues of Magazines that have already been printed before (previous issues of Magazines), the calculation of the delivery period starts from the moment of payment by the Subscriber for the corresponding Edition.
4.2.5. Delivery of all Publications, without exception, specified in this Agreement, is carried out exclusively with the help of the “Nova Poshta” courier delivery service – in Ukraine and with the use of the “Ukrposhta” courier delivery service with subsequent transfer to local, national postal operators – in other countries in the world. Delivery of Magazines and Books specified in this Agreement is carried out in Ukraine exclusively at the Buyer’s expense and in other countries – at the cost of the Publisher.
4.2.6. Delivery of all Publications specified in this Agreement is carried out only to those settlements of Ukraine where such delivery is possible, and active hostilities are not ongoing.
4.3. Payment options:
4.3.1. It is possible to pay for the ordered publication of the details of VANGARD MEDIA LLC using any convenient method: from account to account, through the bank’s cash desk, on the website, etc.
5. Conditions and procedure for providing Services
5.1. On the Site, the Subscriber is given access to the final stage of the subscription to the Journal – payment.
5.2. The subscription cost to the Journal does not include the commission withheld by banks/payment systems for the Subscriber’s payment in favour of the Publisher. Commission costs are paid additionally by the Subscriber.
5.3. The magazine is considered prepaid at the time of receipt of funds to the Publisher’s bank account specified in this Agreement.
5.4. The number of Magazines purchased by the Subscriber is displayed in the letter automatically sent to the Subscriber to the e-mail address specified at the time of payment. The letter will only be delivered if the e-mail address is correctly set.
5.5. The proper provision of Services by the Publisher is evidenced by handing over the Journal to the relevant courier service for delivery to the Subscriber.
5.6. In the event of a claim related to non-receipt of a paid copy of the Publication, the Publisher, within 7 (seven) working days from the moment of receipt of the relevant claim from the Subscriber on working days, re-sends the Publication to the Subscriber (if available) or extends the Subscription at its own expense for one issue
5.7. Editions and/or Books cannot be exchanged or returned. Funds received by the Issuer are not returned, issued or transferred to other accounts, except for cases expressly provided for by the current legislation of Ukraine.
6. Rights and obligations of the Parties
6.1. The subscriber has the right to:
6.1.1. edit, change, and update personal data by sending the relevant information to the e-mail address specified in Section 14 of this Agreement and necessarily receiving confirmation of receipt of such information from the Publisher;
6.1.2. purchase the Edition under the terms of this Agreement;
6.1.3. for the cancellation or forwarding of prepaid copies of the Journal (from the next issue of the Journal) by the Subscriber sending a corresponding application to the Publisher by 20 (twenty) days before the release of the Journal’s next issue.
6.2. The publisher has the right to:
6.2.1. terminate the contractual relationship with the Subscriber or refuse to sell the Edition unilaterally in case the Subscriber violates the terms of this Agreement;
6.2.2. change the terms of this Agreement unilaterally. The date of entry into force of changes to this Agreement is the date of their publication on the Site;
6.2.3. delete any information from the Site server if it does not comply with this Agreement, the current legislation of Ukraine or violates copyright or the rights of third parties, and does not compensate for possible damage caused to the Subscriber by these actions;
6.2.4. in the event of non-compliance by the Subscriber with the terms of this Agreement, stop providing the services provided for in this Agreement without refunding money for paid copies of the Edition;
6.2.5. at its discretion and without notice to refuse the provision of Services to the Subscriber if the Subscriber is found to be involved in illegal activities regarding the Site or its users.
6.3. The subscriber is obliged to:
6.3.1. to observe the copyright and related rights of the Publisher and other rights holders of the Publication, as well as other objects of copyright and related rights, which are an integral part of the Publication;
6.3.2. use the Publications received under this Agreement exclusively for personal purposes;
6.3.3. timely and fully pay for the Publications ordered from the Publisher on the Site.
6.4. The publisher is obliged to:
6.4.1. do everything possible to ensure high-quality and uninterrupted provision of Services to the Subscriber by the prices declared on the Site, while the Services are provided under the conditions set forth here, without any direct or indirect guarantees;
6.4.2. to ensure the delivery to the Subscriber of the Editions purchased on the Site under the declared periodicity and terms specified in this Agreement;
6.4.3. not to disclose to third parties the Login and Password, as well as other information received from the Subscriber during Registration on the Site;
6.4.4. notify the Subscriber of changes to the terms of this Agreement by 3 (three) calendar days before the changes take effect by posting the relevant information on the Site.
7. Liability of the Parties
7.1. The Parties are responsible for non-fulfilment or improper fulfilment of obligations under this Agreement under the current legislation of Ukraine and this Agreement.
7.2. The publisher is not responsible for:
7.2.1. for the impossibility of serving the Subscriber for reasons beyond his control, including disruption of communication lines, malfunction of equipment and software that does not belong to the Publisher, etc.;
7.2.2. for full or partial interruptions in the provision of Services related to the replacement of equipment, software or other work caused by the need to maintain the functionality and development of the Publisher’s technical means, provided that the Subscriber is notified via the Site no later than 1 (one) day in advance;
7.2.3. for breaching the security of the Subscriber’s equipment and software used by him to receive Services;
7.2.4. for the loss of confidential information or its part, if there is no fault of the Publisher;
7.2.5. for any losses of third parties that arose through no fault of the Publisher.
7.3. The Subscriber bears personal responsibility for transferring the Login and Password to third parties.
7.4. The publisher is not responsible for the operation of the courier delivery service – possible delays, the impossibility of delivery to one or another population centre caused by martial law, etc.
8. Disputes and their resolution procedure
8.1. The Parties shall resolve all disputes arising during the execution of this Agreement through negotiations. If the Parties do not settle the disputes through negotiations, they are resolved under the current legislation of Ukraine.
9. Term of validity of the Agreement
9.1. The Agreement enters into force from the moment of its conclusion and is valid until the Parties fully fulfil their obligations under the terms of the Agreement.
10. Amendments to the Agreement
10.1. The Publisher may change this Agreement unilaterally without prior and subsequent notification to the Subscriber. Changes enter into force on the day of publication of the updated Agreement on the Site.
10.2. The User understands and agrees that his agreement with the terms of this Agreement after the date of publication of changes to this Agreement means the User’s agreement with the updated terms. If the User disagrees with the changed terms of the Agreement, he may terminate his relationship with the Publisher following the procedure established by this Agreement.
11. Force majeure
11.1. The Party shall not be liable to the other Party for any damages or losses resulting from late performance or nonperformance of this Agreement, in whole or in part, if it is caused, in whole or in part, by circumstances, events or reasons beyond the control of the Parties and without negligence on the part of the Parties. Such circumstances, events or causes include (the list is not exclusive) natural disasters, strikes, lockouts, mass riots, military actions, earthquakes, fires and explosions. At the same time, the Parties expressly exclude the inability to fulfil their financial obligations from this list. The fact of the occurrence and duration of force majeure circumstances must be documented by a competent state body following the current legislation of Ukraine.
13. Special conditions
13.1. The Publisher is a corporate income taxpayer on the general grounds provided by the Tax Code of Ukraine and a VAT payer.
13.2. The User acknowledges the legal payment of services under this Agreement with the use (confirmation) of the Login and Password specified by the User when creating an Account on the Site. The User acknowledges and confirms that the Services paid for using (confirmation of) the Login and Password specified by the User when creating an Account on the Site are paid for by him (the User) personally.
13.3. In compliance with the provisions of Article 32 of the Law of Ukraine “On Ensuring the Functioning of the Ukrainian Language as a State Language”, the Law of Ukraine “On Advertising,” and other laws of Ukraine, the printed version of the magazine “VOGUE UKRAINE EDITION” is published in Ukrainian.
14. Address and bank details of the Publisher:
“VANGARD MEDIA” LLC
Mail address: 04060, Kyiv, st. Riga, building 73-G, office 7/2
Visiting address: 04050, Kyiv, st. Pymonenka, 13-Zh, 2nd floor
IBAN UA763348510000000026008188456 in JSC “PUMB” Kyiv; MFO 334851
EDRPOU 44777494; Personal identification number 447774926593;
is a VAT payer
e-mail: [email protected]
Working hours: weekdays (Monday-Friday, except holidays and weekends), 09:00-18:00