Read the text of this document carefully. If you do not agree with the terms and conditions, offered by Self employed Olga Sukhikh, you may refuse to accept the Offer and use the Website.
For more information, e-mail: email@example.com
General Terms And Conditions Of Sale
Date of publication: 10 January 2022
Effective date: 10 January 2022
These General Terms and Conditions of Sale apply when you, as a consumer (hereinafter the Customer), place an order on https://lollyshine.com/ (hereinafter the Website).
The Agreement is concluded between you and Self employed Olga Sukhikh, T.I.C. 05630160P. Trade name: Lolly Shine Art, CY — 4530, Limassol, Panagias Chryseleousas 52 Foinikaria, Тел.: +357 9675858, email: firstname.lastname@example.org.
Detailed contact information and other information about Self employed Olga Sukhikh, trade name: “Lolly Shine Art” are available on the Website and in this document.
1. Terms and definitions
1.1. Offer — is a proposal to enter into an Agreement on the Website https://lollyshine.com/, in accordance with the general terms and conditions of sale of the Products/Services set out herein. This document is hereinafter referred to as the Offer/Agreement.
1.2. Acceptance (of the Offer) — full and unconditional acceptance of the Offer by performing the actions specified in this Offer.
1.3. Website — a set of graphic and informational materials, design, images, photo and video materials, other results of intellectual activity, as well as programs for computers and databases, making them available on the Internet at the network address https://lollyshine.com/.
1.4. Self employed Olga Sukhikh — Self employed Olga Sukhikh, T.I.C. 05630160P. Trade name: Lolly Shine Art, CY — 4530, Limassol, Panagias Chryseleousas 52 Foiniikaria, Тел.: +357 9675858, email: email@example.com (hereinafter also referred to as “the Company”, “We”, “Us” “Our” or “Photographer” in this Offer).
1.5. The Customer — a legally capable person who has accepted this Offer (hereinafter also referred to as “You” or “Your” in this Offer). By accepting the offer, the Buyer guarantees that he/she is of legal age.
1.6. The Parties are jointly referred to in the text of this Offer as Self employed Olga Sukhikh and the Customer.
1.7. The Product — Printed on gallery paper or canvas in the format, chosen by the Customer, numbered art photograph or illustration from the limited collection, or made and created to the Customer’s exclusive order. A certificate of authenticity is attached to the product, signed and stamped by the Photographer (author) Self employed Olga Sukhikh, Trade name: Lolly Shine Art.
1.8. Service — a service provided on the Website in the form of a photo shooting by Self employed photographer Olga Sukhikh as part of an order for Products from the “V.I.P. category”.
1.9. Order — the order form completed by the Customer in accordance with the terms and conditions of this Offer for the purchase of the Products/Services available on the Website and for the delivery of these Products to the address specified by the Customer.
2. General points
2.1. This Offer contains the general terms and conditions for the sale of Products/Services on the Website and the general terms and conditions for the use of the Website.
2.2. This Offer is publicly available on the Website and is addressed to individuals over the age of 18 and enables the entering into an Agreement on the following terms and conditions.
2.4. Acceptance of the Offer is equivalent to the conclusion of the Agreement on the terms and conditions set out in the Offer and is equivalent to a handwritten signature of the Agreement.
2.5. By purchasing the Products/Service from Self employed Olga Sukhikh on the Website, the Customer confirms that he has read and fully agreed (accepted) with the terms and conditions of this Agreement without any modification or withdrawal. If the Customer does not agree to the terms and conditions of this Agreement, the Customer must not accept the Offer.
2.7. The agreement between the Customer and Self employed Olga Sukhikh in respect of the Products/ Service selected by the Customer is deemed to have been entered into on the terms of the Offer from the date of acceptance and until Self employed Olga Sukhikh and the Customer have fully performed their obligations under the Agreement.
2.8. Self employed Olga Sukhikh has the right to make unilateral changes and additions to this Agreement, without prior notice to the Customer and/or obtaining the approval from him. Self employed Olga Sukhikh has the right, at its discretion, to notify the Customer of additions and/or modification of this Offer in a way that Self employed Olga Sukhikh deems most acceptable. Any changes to this Offer will be posted on the Website. A new version of this Offer will come into effect from the moment of its posting on the Website, unless otherwise stipulated in the new version of the Offer. The changes will become valid for the Customer once the Customer accepts the terms and conditions of this Offer in connection with the new purchase, alternatively 30 days after Self employed Olga Sukhikh has informed the Customer of the changes.
3. Utilization Of Website
3.1. In order to use the Website you must be at least 18 years old and legally capable to enter into an Agreement and use the Website in accordance with this Offer. You guarantee the truth and accuracy of the information you provide on the Website.
3.2. The Website is available in the Russian and English languages. The language of the Website depends on the language of your Internet browser. You can modify the choice of the language on the homepage of the Website.
3.3. The Website and all its content is owned by Self employed Olga Sukhikh or its licensors. The information is protected by intellectual property legislation. This means that trademark, product names, images, design, layout and information about products, and other content may not be copied or used without the prior written consent of Self employed Olga Sukhikh.
4. Essential characteristics of the Product/ Service
4.1. The Products sold on the Website are art photographs and illustrations numbered and in limited edition, as well as made and created by the exclusive order of the Customer.
4.2. The photographs and illustrations are accompanied by a certificate of authenticity in English. The certificate will be stamped and signed by Photographer (author) Olga Sukhikh (Trade name: Lolly Shine Art).
4.3. The sale of Product/ Service is carried out remotely via the Internet.
4.4. The Service will be provided in the territory of the Republic of Cyprus. It is possible to provide Services outside the territory of the Republic of Cyprus, subject to the Customer paying the additional costs of transporting the Photographer to the place of Service as well as the associated costs of accommodation of the Photographer and visa costs.
4.5. A detailed description of the Products (including possible formats and sizes, prices and other necessary information)/ Service, the procedure and terms of delivery of the Products to the Customer/ of the provision of the Service, are available on the Website on the relevant page, which is an integral annex to this Agreement.
4.6. Due to different monitor settings, resolutions and computer configurations the Products received as printed may differ from the image on your device’s screen. A difference between the colour created by computer monitors and what is printed on a Product may occur.
4.7. All Products on the Website are limited edition, made on Customer’s exclusive order. Production of the Product (printing of a numbered art photograph and illustration from the limited collection) begins after the Customer has confirmed the Order and paid for the Product, and after all the details of the order have been agreed with Self employed Olga Sukhikh. Once all the details of the order have been agreed (the Customer has received an order confirmation from Self employed Olga Sukhikh by email) and the Product have been sent to the printer, an exchange and/or return of the Product is no longer possible. Please note this when ordering a Product on the Website.
4.8. It is possible to order Products from the “V.I.P. category” on the Website.
4.9. Products from the “V.I.P. category” are made in a single copy to the Customer’s exclusive order.
4.10. The Services on the Website are provided in the form of a photo shooting by Self employed photographer Olga Sukhikh (Trade name: Lolly Shine Art) as part of the ordering of Products from the “V.I.P. category”. The purchase of individual photographs or the entire series of photographs resulting from a given photo shooting is possible at the Customer’s request. For more information on costs and how to purchase photographs, please contact Self employed photographer Olga Sukhikh. Contacts and contact form are available on the Website.
5. The procedure for concluding the Agreement
In accordance with this Agreement, Self
employed Olga Sukhikh undertakes to sell the Products to the Customer, as well as to provide
the photo shooting Service as part of an order for Products from the “V.I.P. category”, in the manner and on the terms and conditions stipulated in this
5.2. The Agreement applies to the entire range of Products/ Services posted to the offer on the Website.
5.3. Interaction between Self employed Olga Sukhikh and the Customer is carried out through the Website, correspondence in social networks (Facebook, Instagram, Telegram, Viber, Whatsapp), by e-mail or by filling out the feedback form on the Website.
5.4. This Agreement is concluded by the Customer performing the following actions (acceptance of the public Offer). To place an order, You should pass through the following steps:
5.4.1. The Customer chooses the Product on the Website by browsing the information page with the Product. On this page you can click on “order”, “choose a size and order” or “contact author” for details. When you click on “choose a size and order”, you will go to the order form, where you choose a photo size and click on “order”. If you click on “contact author”, you will go to the contact form for feedback.
5.4.2. In the special columns of the Product/Service order form, the Customer enters his name, surname, delivery address, e-mail address, phone number, and other data provided by the form. The Customer is fully responsible for the correctness and reliability of the specified contact data — the delivery of the Products and the exchange of information will be carried out on them.
5.4.3. If the Customer have provided incorrect information such as delivery address, e-mail address or telephone number etc., he needs to contact Self employed Olga Sukhikh as soon as possible so they can manage to change Your information before sending the Product. If the Customer order is already sent out before he contact Self employed Olga Sukhikh, and the incorrect information affects the delivery of the Product, the Customer will be responsible for the extra costs that may occur.
5.4.4. After the order is formed, the Customer checks the various elements that make up the order (Product/Service, surname and name, telephone number, address, e-mail, price). The Customer must make sure that all these items match the order.
5.4.6. The Customer pays for the Product/Service using PayPal or STRIPE.
5.4.7. The Customer can contact Self employed Olga Sukhikh by e-mail: firstname.lastname@example.org to agree on all the details of the order.
5.4.8. An Agreement is concluded when Self employed Olga Sukhikh has confirmed the Customer’s order and the Customer has received an order confirmation from Self employed Olga Sukhikh via e-mail.
5.4.9. The Customer has the right to cancel their order until it has been confirmed by Self employed Olga Sukhikh. If the order is cancelled, Self employed Olga Sukhikh will refund all payments made by the Customer when paying for the relevant order.
5.4.10. The Customer will receive an order confirmation on screen and by e-mail.
5.4.11. Production of the Product (printing of a numbered art photograph or illustration from the limited collection) begins after the Customer has confirmed the Order and paid for the Product, and after all the details of the order have been agreed with Self employed Olga Sukhikh.
5.5. Within 3 (three) days after the payment is made, Self employed Olga Sukhikh sends a payment confirmation to the e-mail address specified by the Customer. Payment by the Customer of the order confirms that the Customer has read the terms of this Offer and fully and unconditionally accepts them.
5.6. The procedure for placing and paying for an order for Products from the “V.I.P. category” and/or Services is as follows:
5.6.1. The Customer proceeds to the section “V.I.P. category”, where, together with the order form, he fills in a questionnaire with questions from the Self employed Olga Sukhikh (photographer).
5.6.2. In the process of completing the questionnaire, the Customer describes his/her vision of the final version of the Product and the process of the photo shooting:
- time, place, duration of the photo shooting;
- The Customer’s ability to participate as a model in the photo shooting process, or the Customer’s choice of model;
- preferred colour scheme of the final version of the Product (photograph or illustration);
- what the Customer wants to see in the final version of the Product (photograph or illustration);
- what feelings the final version of the Product (photograph or illustration) should evoke;
- the sign which he would like to put after printing on the final version of the Product (photograph or illustration).
5.6.3. Within 3 (three) working days Self employed Olga Sukhikh is to get in contact with the Customer in any convenient way (via social networks, messengers, website, telephone, personal meeting if the Customer is located in the south of the Republic of Cyprus) to clarify the details of photo shooting (time, place, duration) and to agree on the final price of the order.
5.6.4. The final price of the order consists of the price of the photo shooting Service, and the production of the final version of the Product (photograph or illustration) depending on the size of the Product, additional work on the application of inscriptions, as well as, in the case when photographs are created with the participation of the model, payment for the work of the model.
In the case of the provision of a photo shooting Service outside the territory of the Republic of Cyprus, the order price includes additional costs associated with the transportation of the photographer to the place of Service, as well as related accommodation costs and visa costs.
5.6.5. The Customer will receive an order confirmation with its total cost and details of payment, or a justification of the impossibility to fulfil the order, at the e-mail address specified in the application form, within 3 (three) business days after agreeing with the Customer on all conditions of the Agreement.
5.6.6. The Customer has the right to cancel the order until it has been confirmed by Self employed Olga Sukhikh.
5.6.7. An Agreement is concluded when Self employed Olga Sukhikh has confirmed the Customer’s order and the Customer has received an order confirmation from Self employed Olga Sukhikh via e-mail.
5.6.8. Customer pays 50% of order price in advance within two (2) days of order confirmation, after which a photo shooting, in the previously agreed terms, is carried out, in the course of which a series of photographs is made, from which Customer chooses one that will be printed as a Product.
5.6.9. If the Customer wishes to purchase individual photographs or the entire series of photographs resulting from this photo shooting, he/she will have to pay for them additionally.
5.6.10. From the moment of approval of the final version of the photograph before printing, the Customer pays the remaining part of the order price. If the Customer refuses to pay the remaining price of the order, the advance payment will be considered as payment for the Service provided for the photo shooting and will not be refunded. In such case, the Customer also may purchase the photographs from the resulting series.
5.6.11. For more information about costs and how to purchase photos and illustrations, please contact Self employed Olga Sukhikh at email@example.com.
5.7. Self employed Olga Sukhikh may, at its discretion, provide special offers on the Website which may have more favourable conditions than those set out in this Offer. Such terms and conditions will apply for the duration of the special offer and for the specific products set forth by Self employed Olga Sukhikh. Self employed Olga Sukhikh reserves the right to withdraw such special offers at any time. After the termination or withdrawal of the special offer, the terms of this Offer apply without any changes. Any offers for specific products on the Website are only valid for a limited period and until the products are sold out.
5.8. The Customer can find out the necessary additional information by sending an e-mail firstname.lastname@example.org .
6.1. The cost and methods of payment can be found on the Website in the Product/Service description. The prices are indicated excluding taxes and including shipping fees.
6.2. All payments are made in euros.
6.3. Payment is made on the terms of 100% prepayment. Partial payment of the order is possible, if such a possibility is indicated on the Website.
6.4. Payment is made by cashless transfer via the payment form on the Website or by bank transfer to Self employed Olga Sukhikh 's bank account indicated in this Agreement.
6.5. To pay for your order on the Website you are offered: PayPal and STRIPE.
6.6. The Product/Service will be considered as paid for from the moment the money is received on Self employed Olga Sukhikh 's account.
6.7. Self employed Olga Sukhikh reserves the right to change the prices of the Products/Services at any time. The price of the Products/Services is based on the prices indicated on the Website at the time of placing the order. The Products are the property of Self employed Olga Sukhikh until they have been paid for in full by the Customer.
7.1. Self employed Olga Sukhikh delivers the Products within the Republic of Cyprus. Delivery of Products to other countries: on request.
7.2. Delivery methods:
- If the Customer is located in the Republic of Cyprus, delivery of the Products from the “V.I.P. category” can be made personally by Self employed Olga Sukhikh, by prior arrangement with the Customer, in other cases, delivery will be by courier from one of the local delivery services.
- If the Customer is in another country, the delivery is made by courier services such as DHL, TNT or UPS.
7.3. The Product, depending on the size, is shipped in a special cardboard envelope, or packed in a shipping tube and box.
7.4. Delivery will be made to the delivery address that You confirm as the “delivery address” at the time of ordering.
7.5. Changing the delivery address after ordering is not always possible for logical reasons. If You would like to change the delivery address, You can always contact Self employed Olga Sukhikh. If the Product has not been dispatched, Self employed Olga Sukhikh will try to find possibilities depending on Your order.
7.6. Possible ways of delivering the Product depend on the size of the Product ordered and the destination country. Self employed Olga Sukhikh reserves the right to choose the Delivery Service.
7.7. The delivery date depends on the Product manufacturing time, the delivery date of the order and the delivery time, depending on the delivery method chosen.
7.8. The expected time and date of delivery will be indicated in the letter as soon as the order is ready for delivery.
7.9. Unless otherwise agreed, delivery will be made no later than 30 working days after Self employed Olga Sukhikh has confirmed the order in writing through the order confirmation.
7.10. If you have not received your order within the specified delivery time, please contact Olga Sukhikh at email@example.com, no longer than 30 working days after the order was placed.
7.11. Self employed Olga Sukhikh is not responsible for any delivery charges if Your order is not delivered on time and is not liable for any disruption to the delivery service.
7.12. The cost of delivery depends on the destination and delivery method as well as the format of the Product ordered.
7.13. Under the legislation in force within the European Union (hereinafter EU), Products and other consignments transported within the EU are not subject to customs duties and charges. However, if the Product is delivered to non-EU countries, it is liable to duties and must be declared.
7.14. In the case of delivery to a country other than the Republic of Cyprus, the Customer is the importer of the relevant Product. All Products delivered to destinations outside the Republic of Cyprus may be subject to customs duties or other local import taxes.
7.15. The Customer pays all customs duties and import taxes on his own. The Customer is fully responsible for both declarations and payments to the authorities and competent organizations of his country.
7.16. The Customer accepts the Products delivered in accordance with the conditions of delivery and the rules of the relevant delivery service.
7.17. If any package is to be received at a particular delivery point, the Customer must do so within the time specified in the notification. The Customer will receive a delivery notification stating when and where the package can be received. The notification can be made by e-mail, postal mail and, if the Customer has provided a mobile phone number, also by phone, messenger or SMS.
7.18. When accepting the order from the delivery service, the Customer is obliged to inspect the delivered Goods and check their compliance with the terms and conditions of the order, as well as to check the integrity of the packaging. If there are no complaints about the delivered Products, the Customer signs the delivery receipt or other document provided by the delivery service, or confirms the absence of complaints in any other way specified by the delivery service. The Customer’s confirmation of the absence of claims and/or objections to the delivered Products excludes any further claims to Self employed Olga Sukhikh, except for claims related to the presence of manufacturing defects in the ordered Products. If there are any comments or objections, they should be indicated accordingly.
7.19. If the product has been delivered with obvious damage caused at the time of delivery, please report the defect to the carrier and notify Self employed Olga Sukhikh immediately by e-mail: firstname.lastname@example.org.
8. Rules for exchange/return of Products
8.1. The Products purchased on the Website are individually made to Customer’s order, in accordance with Customer’s requirements and special wishes.
8.2. By accepting the terms and conditions of this Offer, the Customer acknowledges and agrees that all the Products presented on the Website are non-exchangeable and/or non-refundable, as they are strictly limited and manufactured individually to the Customer’s order, in accordance with his requirements and special wishes.
8.3. However, in the event that the Products received have defects which were not previously agreed by the Parties, or do not correspond to the order, the Customer has the right to return or exchange the Product. In this case, the Customer should immediately contact Self employed Olga Sukhikh at e-mail address: email@example.com, who will provide the return address and the procedure for returning/exchanging the Product. In this case, Self employed Olga Sukhikh will take care of the transport costs related to the return and new delivery.
8.4. Products returned without their original packaging or incomplete, spoiled, damaged, or dirtied by the Customer are not reaccepted.
8.5. You will be responsible for the Products until it reaches Self employed Olga Sukhikh. Please, return Products with a proof of delivery and/or tracking number.
9. Copyright regulations
9.1. Self employed Olga Sukhikh, Trade name: Lolly Shine Art is the author and owner of all copyrights of the photographs and illustrations, presented on the Website as the Products and purchased by the Customer in connection with this Agreement.
9.2. It is strictly forbidden to reproduce, copy, otherwise use the photographs and illustrations, presented on the Website as the Products, without written consent of Self employed Olga Sukhikh.
9.3. All the copyright of the photograph and illustration (Product) remains with Self employed Olga Sukhikh, even after purchasing the Product.
9.4. When you purchase the Product on this Website, you are permitted, for the duration of the copyright period and on the territory of all countries of the world, to use the Product for personal or commercial purposes in connection with resale, public demonstration of Your sample of the Products, with the obligatory mention of the Photographer (author) Self employed Olga Sukhikh, Trade name: Lolly Shine Art.
9.5. The Product, purchased on the Website, is not allowed to be reproduced, copied, transformed or manipulated into any other artwork without written consent of Self employed Olga Sukhikh.
9.6. Self employed Olga Sukhikh is the copyright holder of the Website, as well as all images presented on the Website.
9.7. All the elements presented on the Website and the Website itself are protected by copyright, trademark, design and model rights and/or all other intellectual property rights. Photos, images, drawings, illustrations, texts, videos, logos, screensavers, backgrounds, trademarks, models, programmes belong to Self employed Olga Sukhikh or are used with the permission of their owners. Consequently, any reproduction, use, copying, modification, partial or total, by any procedure or in any medium, is prohibited without the prior written consent of Self employed Olga Sukhikh.
10. Dispute resolution
10.1. All disputes or disagreements arising between the Parties under this Agreement or in connection with it are resolved through negotiations.
10.2. If it is impossible to resolve disagreements through negotiations between the Parties, they are subject to consideration, in accordance with the legislation of the Republic of Cyprus.
11. Electronic document management agreement
11.1. Electronic correspondence (using e-mail or messengers) is the main way of exchanging information between the Parties in order to promptly resolve issues arising in the performance of the Agreement.
11.2. Any incoming and outgoing electronic messages sent from the email addresses/phone numbers specified in this Agreement to the e-mail addresses/phone number specified in this Agreement have the status of legally significant electronic correspondence. The Parties have agreed that they will use exclusively the following contacts: on behalf of Self employed Olga Sukhikh — firstname.lastname@example.org, phone number: +357 96758580; on behalf of the Customer — the e-mail address and phone number specified when filling in the Products/Service purchase order form.
11.3. Correspondence through these channels of communication has the force of a simple electronic signature and is equivalent to paper documents with the personal signatures of the Parties.
11.4. The Parties undertake to maintain the confidentiality of access to these communication channels and not to disclose data for access to third parties.
12. Liability of the parties
12.1. For non-fulfillment or improper fulfillment of the obligations under this Agreement, the Parties will be liable in accordance with the laws of the Republic of Cyprus.
12.2. Self employed Olga Sukhikh is not liable for delays caused by delivery services, weather, strikes, or other situations beyond her control, or for any damages resulting from the failure to receive an order on time. Self employed Olga Sukhikh’s responsibility is limited to preparing the order for the Customer and delivering it for shipment.
12.3. Self employed Olga Sukhikh is not responsible for any damage to the Products caused by the delivery service.
12.4. Self employed Olga Sukhikh is not liable for the actions of banks, electronic payment systems providing payment and refunds upon entering into, performing and terminating this Agreement.
12.5. The Parties of the Agreement will be released from liability for a breach of the Agreement if it is caused by force majeure circumstances (force majeure), including: actions of public authorities (including adoption of legal acts), fire, flood, earthquake, other natural disasters, power failure and/or computer network failures, strikes, civil unrest, riots and any other circumstances that may affect the fulfilment of the terms of this Agreement. The parties will make every effort to rectify the situation as soon as possible.
13. Final provisions
13.1. This Offer is regulated and interpreted in accordance with the legislation of the Republic of Cyprus.
13.2. This Agreement is valid on the territory of all countries of the world and on the interactive Internet information network.
13.3. In all matters not regulated by this Agreement, the Parties are guided by the legislation of the Republic of Cyprus.
13.4. A court’s declaration that any provision of this Offer is invalid or unenforceable would not render the other provisions of the Agreement invalid or unenforceable.
13.8. The Customer may withdraw his consent to the processing of personal data at any time by sending Self employed Olga Sukhikh a corresponding notification to the e-mail address email@example.com.
Self employed Olga Sukhikh,
Unique TAXISnet registration number 05630160200912292
Phone +357 96758580
Country: the Republic of Cyprus