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 Vienna, a SOLE PROPRIETOR (hereinafter referred to as the "Contractor"), duly registered in accordance with the laws of Austria.

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.at, 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 Austria, 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 PROTECTION OF PERSONAL DATA

8.1 By accepting this Agreement, the Customer grants consent tocollection, processing, and storage by the Contractor of the Customer's personal data and their dissemination by the Contractor in accordance with the provisions of the "Personal Data Protection" Act of Ukraine in order to ensure the possibility of fulfilling the terms and conditions of this Agreement and for the purpose of mutual settlements, as well as to ensure the possibility of pre-booking of Services rendered to the Customer, providing the Customer with the information about the time of the appointment for rendering of Services, and for advertising purposes. The consent to processing of personal data shall be valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. The Customer may withdraw the consent to the collection, processing, and storage of personal data by submitting an application to the Contractor (submission of such an application shall be possible in paper form at the place of rendering of the Services or by e-mail to the email address. In addition, by entering into this Agreement, the Customer hereby acknowledges that the Customer has been notified of his/her rights established by the "Personal Data Protection" Act of Ukraine, the purposes of data collection, including the transfer of personal data to the Contractor for the purpose of fulfilling the terms and conditions of the Agreement and ensuring the possibility of mutual settlements, as well as the possibility of pre-booking of Services rendered to the Customer and providing the Customer with the information about the time of the appointment for rendering of Servicesand advertising offers. The Customer also hereby acknowledges that the Contractor shall have the right to provide access to and transfer the Customer's personal data to third parties without any additional notifications to the Customer for the purpose of fulfilling this Agreement, without changing the purpose of processing personal data, including to the payment system operator to enable mutual settlements under the Agreement.

8.2. The following categories of personal data of individual Customers and information that these persons provide to the Contractor shall be processed: surname, name, patronymic of the Customer, the Customer’s bank details, electronic identification data (e-mail address, contact phone number). The Contractor may receive the Customer's personal data from open sources, as well as directly from the Customer in documents or messages submitted by the Customer in the course of the fulfillment of this Agreement, including when filling in the relevant text fields on the Contractor's Website and/or when registering the Customer in the Mobile Application.

8.3. The Customer hereby acknowledges that the Contractor may use the Customer's personal data, including, but not limited to, for the purposes of providing the Customer with the information about the time of the appointment for rendering of the Services, sending copies of payment documents related to the Services rendered, and notifying the Customer of the Contractor's promotional offers by means of SMS or electronic messages (including via messengers or push notifications in the Mobile Application), etc.

8.4. The Customer hereby acknowledges that he/she has read and understood the Customer’s rights in accordance with Article 8 of the "Personal Data Protection" Act of Ukraine. The Customer has been explained and has understood the scope of the Customer's rights as a subject and owner of personal data in accordance with the "Personal Data Protection" act of Ukraine.

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 Vienna

By email:  vienna@gbar.at

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

By phone number: +4366565763454

By mail: Wien, Hainburger str. 34, PZL 1030