PUBLIC OFFER AGREEMENT FOR RENDERING OF SERVICES

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PUBLIC OFFER AGREEMENT
FOR RENDERING OF SERVICES



(The version of the Agreement effective as of 01 February 2023)

This document is an official proposal (public offer) to enter into a service agreement (hereinafter referred to as the "Agreement") on the terms and conditions set forth below, whereby, the services are rendered to an indefinite number of persons by G×Bar Tallinn, a SOLE PROPRIETOR (hereinafter referred to as the "Contractor"), duly registered in accordance with the laws of Estonia.

1. TERMS AND DEFINITIONS

1.1. The following terms shall be used in this Agreement and in the original or associated relations of the Parties:

  • 1.1.1. Acceptance shall mean a legally significant action resulting in full and unconditional acceptance by the Customer of the terms and conditions of the Public Offer Agreement without modifications.
  • 1.1.2. Customer shall mean an individual with full civil capacity who has applied to the Contractor in accordance with the procedure established by this Agreement to get the Services.
  • 1.1.3. Mobile application shall mean G×Bar software for mobile phones downloadable from the AppStore allowing the Customer to review the list of places of rendering of the Services, learn about the available Contractor’s Services, their price, make an appointment for rendering of the Services, or receive other information related to the Services, etc. The data specified in the Mobile Application shall be the official source of informing the Customers about the Contractor and the Services.
  • 1.1.4. Services shall mean services of beauty salons rendered by the Contractor in the manner and on the terms and conditions specified in this Agreement. The full list of the Services that can be rendered by the Contractor shall be determined accordingly to the data of the Contractor's price list, which is posted at the place of rendering of the Services, as well as on the Contractor's Website and in the Mobile Application.
  • 1.1.5. Public Offer Agreement or Agreement shall mean a transaction governing the relationship between the Contractor and the Customer regarding rendering of the Services, the text and terms of which are posted on the Contractor's Website and are available for review upon the Customer's request at the place of rendering of the Services;
  • 1.1.6. The Contractor 's website shall mean a web page on the Internet at https://gbar.ee, where the Customer can review the list of places of rendering of the Services, learn about the available Contractor’s Services, their price, make an appointment for rendering of the Services, or receive other information related to the Services, etc. The data posted on the Contractor's Website shall be the official source of informing the Customers about the Contractor and the Services;
  • 1.1.7. Parties shall mean a common name used in the Agreement to refer to the Customer and the Contractor.

1.2. The headings in this Agreement are for convenience only and shall not affect the interpretation of the provisions of the Agreement.

2. SUBJECT MATTER OF THE AGREEMENT

2.1. This Agreement is a public agreement (hereinafter referred to as the “Agreement”) within the meaning of Article 633 of the Civil Code of Ukraine, which shall be deemed entered into between the Contractor, on the one hand, and the Customer, on the other hand, upon acceptance of this Agreement by the Customer.

2.2. In accordance with the procedure and on the terms and conditions set forth in this Agreement, the Contractor shall render the Services to the Contractor, and the Customer shall accept and pay for the Services rendered at the Contractor's prices. Information on the prices of the Services shall be posted on the Contractor's Website and in Mobile Application and shall be available for review according to the Contractor's price list directly at the place of rendering of the Services.

2.3. The Services shall be provided on the basis of this Agreement. An action constituting the consent to comply with the terms and conditions of this Agreement shall be the Customer's Acceptance.

2.4. The Agreement shall be deemed accepted by the Customer if the Customer grants consent to the terms and conditions of this Agreement whenusing the Contractor's Website, Mobile Application or when requesting rendering of the Services by telephone/means of electronic communication or directly at the place of rendering of the Services. Acceptance may also be expressed in the form of other actions carried out by the Customer aimed at receiving the Services.

2.5. The Agreement shall be entered into by the Parties without signing a written copy. The Customers may not propose their own terms and conditions of the Agreement. The terms and conditions of the Agreement are equivalent for all Customers of the Contractor.

2.6. The Agreement entered into by the Customer through the Acceptance shall be legally binding and shall be equivalent to the Agreement signed by the Parties. After the Acceptance, it shall be deemed that the Customer has read and granted consent to the terms and conditions of the Agreement without objection.

2.7. The Customer may apply for the Services in one of the following ways:

  • a) at the request made directly at the place of rendering of the Services;
  • b) by registering for rendering of the Services by means of telephone or electronic communication (including through the messengers);
  • c) by making an appointment for rendering of the Services through the Contractor's Website;
  • d) by making an appointment for rendering of the Services through the Mobile Application;

2.8. The Services shall be rendered by the Contractor at the addresses specified on the Contractor's Website/in the Mobile Application (the place of rendering of the Services).

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Customer may:

  • 3.1.1. Receive the Services to the extent and on the terms and conditions provided for in the Agreement.
  • 3.1.2. Receive necessary and reliable information about the Contractor, as well as the Contractor’s activities, and the scope of the Services rendered by the Contractor.
  • 3.1.3. Receive assistance (advice) from the Contractor's specialists regarding the Services when using the Services.
  • 3.1.4. Notify the Contractor of wishes, suggestions, or comments on the Contractor's activities and Services rendered hereunder.
  • 3.1.5. Request additional information about the Services by contacting the Contractor through the means of communication specified on the Seller's Website or the Contractor's representatives directly. By applying to the Contractor for rendering of the Services, the Customer acknowledges that the Contractor has provided all the information necessary for the Customer to select a particular Service.

3.2. The Customer shall:

  • 3.2.1. Accept this Agreement when applying to the Contractor for rendering of Services.
  • 3.2.2. Strictly comply with the requirements of the Agreement.
  • 3.2.3. Accept and pay for the Services rendered by the Contractor in the manner and on the terms and conditions specified in the Agreement.

3.3. The Contractor may:

  • 3.3.1. Require the Customer to fulfill the terms and conditions of this Agreement.
  • 3.3.2. Receive timely and full payment for the rendered Services from the Customer.
  • 3.3.3. Unilaterally refuse to fulfill this Agreement or suspend the fulfillment hereof if it is reasonable to presume that rendering of the Services may cause harm to the Customer or cause other adverse consequences for the Customer or third parties, which shall not be deemed a failure to fulfill this Agreement through the fault of the Contractor. In this case, the Customer shall be refunded the cost of the Services not rendered in case of prepayment of their cost by the Customer.
  • 3.3.4. establish and cancel various discounts, marketing promotions, or benefits and launch discount or loyalty programmes related to the Services, etc. at the Contractor’s sole discretion.
  • 3.3.5. request information from the Customer that is necessary for the fulfillment of the Agreement for the purpose of efficient rendering of the Services.
  • 3.3.6. Refuse to provide the Customer with the Services hereunder in case of detection of the Customer's violation of the terms and conditions of this Agreement.

3.4. The Contractor shall:

  • 3.4.1. Provide the Customer with the opportunity to receive the Services in accordance with this Agreement.
  • 3.4.2. Provide the Customer with the opportunity to receive information on rendering of the Services.
  • 3.4.3. Inform the Customer about all promotions, discounts, amendments to the terms and conditions of the Agreement, changes in the Contractor's operating hours, launch or cancellation of loyalty programmes, etc. by posting such information on the Contractor's Website and/or in Mobile Application, and/or at the place of rendering of the Services.
  • 3.4.5. In the event of a violation of the rules for rendering of the Services by the Customer and/or the terms and conditions of this Agreement, take all reasonable measures to stop such violation.
  • 3.4.6. Accept for consideration written proposals of the Customer to improve the quality of the Services.
  • 3.5. The list of rights and obligations of the Parties set forth in this section of the Agreement shall not be exhaustive. The Parties shall also have other rights and obligations provided for by this Agreement and the applicable laws.

4. COST OF SERVICES AND SETTLEMENT PROCEDURE

4.1. The cost of the Services rendered by the Contractor hereunder shall be determined in accordance with the Contractor's Price List, which is available at the place of rendering of the Services, as well as on the Contractor's website and in the Mobile Application.

4.2. Payment of 100% of the cost of the Services shall be made immediately after their rendering at the place of rendering of the Services. By agreement of the Parties, full or partial prepayment of the ordered services shall be possible.

4.3. All settlements hereunder shall be made, in non-cash form by transferring funds to the Contractor's bank account, using payment POS terminals, or in cash.

5. LIABILITIES OF THE PARTIES

5.1. For breach of contractual obligations, the Parties shall be held liable in accordance with the applicable laws.

5.2. The Parties shall not be held liable for any breach of their obligations under this Agreement if such breach occurred through no fault of their own. A Party shall be deemed innocent if it proves that it has taken all reasonable measures to properly fulfill the Agreement. The Contractor shall not be held liable if the defects in the Services rendered are caused by failure to comply with the oral and/or written instructions of the Contractor and the Contractor’s employees provided to the Customer during rendering of the Services.

5.3. The Parties shall not be held liable to each other for indirect damages (including lost profits) caused by failure to fulfill/improper fulfillment of the terms and conditions of this Agreement.

5.4. The Contractor shall not be held liable if this was due to force majeure. Force majeure circumstances shall mean fires, earthquakes, other natural phenomena, natural disasters, actions of third parties, military actions, adoption of legislative acts and other circumstances beyond the reasonable control of the Contractor that make it impossible for the Contractor to fulfill the Contractor's obligations hereunder in a timely, complete, and proper manner.

5.5.The Contractor shall not be held liable in case of actions/omissions of third parties (owners of the building in which the Services are rendered, representatives of utility service providers, etc.), as a result of which the Contractor fails to fulfill its obligations hereunder.

5.6. The Contractor shall not be held liable for any damage caused to the Customer's health or property due to the actions of third parties or the Customer's actions/omissions.

5.7. In case of material damage, deterioration, or loss of property due to the Customer's fault, the latter shall reimburse the Contractor for the cost of the damage.

5.8. The Customer shall take care of the safety of personal belongings during rendering of the Services. The Contractor shall not be held liable for the safety of the Customer's personal belongings during rendering of the Services.

5.9. The Contractor shall be liable for the qualifications of the Contractor’s employees, their proper professional and qualification training, as well as for their actions/omissions in the performance of their labour-related duties.

6. TERM OF THE AGREEMENT AND TERMINATION

6.1. This Agreement shall be public, shall be effective upon its Acceptance by the Customer and shall remain in force until its complete fulfillment or its withdrawal by the Contractor in accordance with the procedure provided for in paragraph 6.3. of the Agreement.

6.2. This Agreement shall be publicly communicated to all Customers by posting (publishing) on the Contractor's Website.

6.3. The Contractor hereby reserves the right to amend the terms and conditions of the Agreement and/or withdraw the Agreement at any time at the Contractor’s sole discretion. In the event of amendments to the Agreement, such amendments shall enter into force from the moment the relevant notice is posted on the Contractor's Website. By applying to the Contractor for rendering of the Services or Accepting this Agreement, as amended, the Customer grants consent to such amendments and agrees to fulfill the terms and conditions of the Agreement, as amended. In case of withdrawal of the Agreement by the Contractor during the term of the Agreement, the Agreement shall be deemed terminated upon its withdrawal, unless otherwise agreed by the Contractor.

6.4. The termination of this Agreement shall not exempt the Parties from fulfillment of their obligations undertaken during the validity period of the Agreement.

7. DISPUTE RESOLUTION

7.1. All disputes, controversies, or differences which arising out of or in relation to the Contractor's rendering of the Services, or in connection with the acceptance, fulfillment, and/or violation of the provisions hereof shall be resolved by the Parties through negotiations.

7.2. In case of failure to reach an agreement through negotiations, the Customer hereby reserves the right to file claims which shall be considered by the Contractor within a reasonable time in order to resolve disputes, controversies, or differences in a pre-trial procedure.

7.3. In case of failure to reach an agreement between the Parties through negotiations and impossibility of resolving in the pre-trial procedure, all disputes, controversies, or differences shall be resolved in court in accordance with the applicable rules of court procedure.

7.4. All legal relations arising out of or related to this Agreement, including those related to the validity, conclusion, fulfillment, amendment or termination hereof, interpretation of its terms, and determination of the consequences of invalidity or breach of the Agreement shall be governed by this Agreement and the relevant provisions of the effective legislation of Estonia, as well as by the best business practices applicable to such legal relations on the basis of the principles of good faith, reasonableness, and fairness.

8. CONFIDENTIALITY AND PERSONAL DATA PROTECTION

8.1. In the process of performance of the Agreement, the Contractor shall have the right to request the Customer for the consent to collection and processing of the Customer’s personal data. The Contractor shall not collect and process the Customer’s personal data without obtaining the consent from the Customer.
The legal basis for the collection and processing of the Customer’s personal data is the fulfillment of the requirements of paragraph a) of Part 1 of Article 6 General Data Protection Regulation (EU GDPR).

8.2. The following categories of personal data may be collected and processed by the Contractor, subject to obtaining the Customer’s consent for the collection and processing of personal data:

  • Customer’s surname and first name;
  • Customer’s phone number;
  • Customer’s contact e-mail;
  • Electronic identifiers collected when the Customer uses the Contractor’s Website or Mobile Application (cookies).

8.3. The Contractor collects the Customer’s personal data to achieve one or more of the following objectives (the purpose of personal data processing):

  • I. Collection and processing of personal data to ensure advance booking of the Customer’s visit time to receive the Service and further informing the Customer about the appointment time;
  • II. Collection and processing of personal data to ensure the possibility of customer surveys regarding the quality of the Services provided after the provision of the Services;
  • III. Collection and processing of the Customer’s personal data for advertising purposes to inform the Customer about Contractor’s new Services, Contractor’s special price offers and to provide other advertising information regarding the Services;
  • IV. Collection and processing of the Customer’s technical personal data (cookies) to ensure the proper operations of the Contractor’s Website;
  • V. Collection and processing of the Customer’s technical personal data (cookies) to ensure the proper operations of the Mobile Application.
    In accordance with the requirements of Preamble 32 of the General Data Protection Regulation (EU GDPR), the Contractor shall obtain the Customer’s individual consent for each of the above purposes of collection and processing of personal data. The Contractor shall not collect and process the Customer’s personal data for any purposes for which the Customer has not given its consent to the collection and processing of personal data.
    The Contractor shall guarantee that the Customer’s refusal to give consent to the collection and processing of personal data for one or all of the above purposes is not a reason to refuse to provide the Services and/or use the Contractor’s Website and/or Mobile Application.

8.4. The Customer’s consent to the collection and processing of personal data shall be given in one of the following ways (at the Customer’s discretion):

  • а) by placing checking the appropriate field of consent to the collection and processing of personal data when using the Contractor’s Website;
  • b) by placing checking the appropriate field of consent to the collection and processing of personal data when using the Mobile Application;
  • c) by filling out a paper consent form for the collection and processing of personal data by the Customer directly at the place of provision of the Services.

8.5. When receiving the consent for the collection and processing of personal data from the Customer, the Contractor shall, in accordance with the requirements of Part 1 of Article 12 of the General Data Protection Regulation (EU GDPR), provide the Customer with the following information:

  • a) Name and contact details of the data controller and its representative;
  • b) Contact details of the personal data protection inspector;
  • c) Information on the purposes of the processing personal of data, as well as on the legal grounds for processing;
  • d) recipients or categories of recipients of personal data, if applicable;
  • e) information on the controller’s intentions to transfer personal data to a third country or an international organization, if applicable;
  • f) term of storage of personal data;
  • g) information about the Customer’s right to request the data controller to provide access to, change, delete personal data or limit the processing or to object to processing of personal data, as well as the possibility of to transfer personal data;
  • h) information on the Customer’s right to withdraw the its consent at any time, regardless of the legality of the processing that was based on the consent to the collection and processing of personal data until its withdrawal;
  • i) information on the right to file a complaint with the regulatory authority;
  • j) information on whether giving consent to the collection and processing of personal data is a requirement provided for by the applicable legislation or a contract, or a requirement the fulfillment of which is necessary for the conclusion of the contract, as well as information on whether the Customer, as a data subject, is obliged to provide personal data, and possible consequences of not providing personal data;
  • k) information on whether there is an automatic decision-making process in place, including profiling according to Article 22(1) and (4) General of the General Data Protection Regulation (EU GDPR), and information about the logic of such a process, as well as information about the significance and foreseeable consequences of the processing for the data subject.

8.6. In the event that the Contractor intends to further collect and process the Customer’s personal data for any purposes other than those for which the Customer has given its initial consent to the collection and processing of personal data, the Contractor shall provide the Customer with information regarding such other purposes and provide all relevant information regarding such purposes as stipulated in clause 8.5. of the Agreement.

8.7. According to the requirements of Article 15 General Data Protection Regulation (EU GDPR), the Contractor shall guarantee to the Customer the opportunity to exercise the right to access information about whether the Contractor collects and processes personal data regarding the Customer.

8.8. At the Customer’s request, the Contractor shall correct its personal data in the event of any inaccuracies in such personal date, or supplement the Customer’s personal data that were not provided in full.

8.9. At the Customer’s request, the Contractor shall promptly delete its personal data, which were provided to the Contractor by the Customer based on the previously given consent to the collection and processing of personal data.

8.10. In the cases provided for in Article 18 of the General Data Protection Regulation (EU GDPR), the Customer shall have the right to request the Contractor to limit the collection and processing of personal data.

8.11. The Contractor shall ensure that the Customer is informed about the correction or deletion of the Customer’s personal data, and ensure that all recipients of personal data to whom the Customer’s personal data were disclosed are informed on limitation on the processing of personal data.

8.12. The Customer shall have the right to receive from the Contractor the personal data provided by the Customer in a structured form, and transfer the data to another personal data controller at its own discretion;

8.13. The Customer shall have the right at any time to withdraw the previously given consent to the collection and processing of personal data by contacting the Contractor in one of the following ways:

  • a) by a letter to the Contractor’s e-mail address;
  • b) by a written application in an arbitrary form filed at the place of provision of the Services;
  • c) by an application sent to the Contractor’s postal address.

9. INTELLECTUAL PROPERTY

9.1. All information, photos, graphic images, texts, videos, and other results of the Contractor's intellectual activity (intellectual property rights) posted on the Contractor's Website and/or in the Mobile Application shall be protected by intellectual property rights.

9.2. The Customer's use of the Contractor's intellectual property items for commercial purposes, their copying or reproduction in any form, distribution, performance, public announcement, demonstration, display, use, translation, processing, or adaptation may be allowed only with the prior written consent of the Contractor.

10. FINAL PROVISIONS

10.1. By entering into this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement.

10.2. The Agreement shall enter into force upon the Customer's Acceptance of the Agreement and shall remain valid until the Parties have fully fulfilled their respective obligations.

10.3. The Contractor hereby reserves the right to amend this Agreement without any special notice to the Customer by posting a new version of the Agreement on the Contractor's Website. The new version of the Agreement shall enter into force upon its posting on the Contractor's Website, unless otherwise provided for by the new version of the Agreement.

10.4 If any provision or clause of this Agreement is found to be invalid, the validity of the remaining terms and conditions of the Agreement shall not be affected.

10.5. The Parties hereby acknowledge that this Agreement has been entered into with the full understanding of its terms and conditions and in compliance with all essential requirements necessary to ensure the legality and validity of the transaction.

10.6. The proper notification and communication of information to the Customers specified in this Agreement shall be deemed to be the posting of the relevant information on the Contractor's Website.

11. CONTRACTOR’S DETAILS

GxBar Tallinn

By email: info@gbar.ee

By visiting this page on our website: https://gbar.ee/

By phone number: +37256211166

By mail: Tallinn, Vesivärava 50