User Agreement

Please read current User Agreement (“User Agreement") carefully. By accessing the website  www.madeheart.com (the “Website”), by viewing it, by registering at it, by making purchases at it you confirm that you have read, understood and agree to this User Agreement, as well as to provisions of the Terms of Use for Buyers (available here), our Privacy Policy (available here) and our Cookies Policy (available here), which form an integral part of current User Agreement, depending on how you use the Website.

  1. This User Agreement creates a legally binding agreement between you and Droga Alona Anatolievna, private entrepreneur, company number 3164108969, address: Ukraine, 37200, Lokhvitsa, 17-A Zelena street, e-mail: [email protected], phone numbers: +38 063 656 17 66, +38 067 239 57 24, ("we", "our", "us" and “Madeheart.com”), depending on how you use the Website.
  2. This User Agreement describes the basis on which you access, view, register at and buy products using the Website.
  3. We may change this User Agreement from time to time and you agree that by accessing, using, registering at or purchasing the products on the Website at any time after such a change, you will be confirming your acceptance of the new version of the User Agreement.
  4. The Website is an online shop where the buyers (a “Buyer”, the “Buyers”) may purchase and pay for a product through the Website.
  5. You must be at least 18 years of age in order to use the Website. If you are under 18 years of age, you may use the Website provided that this is permitted by your local laws and this User Agreement is reviewed by your parent or legal guardian and was accepted by them.
  6. When communicating with Website representatives and leaving comments on the Website, you must not:
    1. use any language that is or may be interpreted as supporting or promoting hatred towards any person based on race, ethnicity, religion, gender, gender identity, disability or sexual orientation;
    2. harass, abuse, upset, embarrass, alarm or annoy any other person;
    3. commit any fraudulent activity, including but not limited to impersonating a person, or misrepresenting your identity or affiliation with any person;
    4. send unsolicited advertising or marketing materials, spam or request donations;
    5. interfere with or jeopardize Madeheart.com, the Website or the business of any Buyer;
    6. collect, "scrape" or "harvest" any information about any other persons using the Website, including but not limited to any personal information;
    7. promote illegal activity;
    8. infringe any copyright, database right, trade mark or other right of any other person.
  7. We have the right to remove any comments you make on the Website if, in our opinion, it does not comply with the section 6.
  8. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other Buyer.
  9. If you suspect a Buyer is communicating with other Buyers in breach of the section 6, please contact us at [email protected] immediately.
  10. You must comply with the laws that apply to you in the location that you access our Website from. You must not use the Website in violation of any applicable laws or regulation.
  11. You must not carry out, attempt to carry out, or assist, authorize or encourage others to:
    1. misuse the Website;
    2. modify, adapt, merge, translate, reverse-engineer, decompile, disassemble, hack, harm or attempt to derive the source code of any aspect of the Website; or
    3. defeat or overcome the integrity of the Website, any of our encryption technologies or security measures or data transmitted, processed or stored by us (including but not limited to using worms, viruses, Trojans, logic bombs or other similar malicious software and performing an attack on the Website).
  12. We reserve all rights to take legal and/or regulatory action against any acting in breach of this User Agreement.
  13. We are continually improving our Website, so specifications or design changes may be made at any time. We shall use reasonable commercial endeavors to keep the Website up to date but information and specifications given are for your information only and are subject to change without notice.
  14. We will endeavor to allow uninterrupted access to the Website, but access may be suspended, restricted or terminated at any time.
  15. The Website may contain links to external websites that belong to third parties ("External Websites"). We do not check or review any of these External Websites and are not responsible for, and have no control over, the content or services available on such any External Websites.
  16. If you access an External Website, you may be governed by the terms of use and privacy policy of the operator of the External Website.
  17. We, or our affiliates, are the owner or licensee of all intellectual property rights in the Website, including all registered trademarks of Madeheart.com and the copyright in the Website design, text and graphics and their selection and arrangement and all software compilations, underlying source code and software (including applets). All rights are reserved. None of this material may be reproduced or redistributed without our written permission.
  18. We comply with all applicable data protection laws in the UK and the countries of European Union. Our Privacy Policy (available: here) forms an integral part of this User Agreement.
  19. For a period of two years following termination of this User Agreement, except with the consent of the disclosing party or as required by law, a court order or by any relevant regulatory or government authority or to the extent that information has come into the public domain through no fault of the receiving party, each party shall treat as strictly confidential all commercial and technical business information relating to the other party that a reasonable business person would regard as confidential.
  20. We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
  21. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
  22. The Website is provided "as is" and we do not accept any liability for any delay, failure, incorrect or untimely delivery of the Website or any differences between the pictures of the products on the Website and the product in real life.
  23. We shall not be liable to you in connection with this User Agreement in contract, tort (including negligence) or otherwise for any loss of profit, business, contracts, revenue, bargain, goodwill, production, anticipated savings or data (in each case whether direct or indirect) or any indirect or consequential loss.
  24. We shall not be liable for the actions of any Buyers using the Website. You agree to indemnify Madeheart.com and hold us harmless against any claims, penalties, liability, losses, expenses, fines or damages in the event that you breach any part of this User Agreement.
  25. We exclude liability for any harm resulting from your use of the Website to the fullest extent permitted by the applicable laws. Nothing in these Seller's Terms shall limit our liability in respect of fraudulent misrepresentation or for death or personal injury caused by our negligence.
  26. You may terminate this User Agreement and your agreement to this User Agreement at any time by stop visiting the Website.
  27. This User Agreement shall not be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise. You may not transfer any of the rights we give you under this User Agreement unless we expressly agree in writing.
  28. If we fail to enforce a right under this User Agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
  29. You acknowledge that this User Agreement, and/or any transaction made by you via the Website will not create any partnership, joint venture or trust relationship between you and madeheart.com.
  30. This User Agreement and our Terms of Use for Buyers (available: here), our Privacy Policy (available: here) and our Cookies Policy (available: here) constitute the entire agreement between you and us depending on your use of the Website. Each party acknowledges that it has entered into this User Agreement in reliance only on the representations, promises and terms contained in this User Agreement and, save as expressly set out in this User Agreement, neither party shall have any liability in respect of any other representation, warranty or promise made prior to this User Agreement unless it was made fraudulently.
  31. If any provision of this User Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of this User Agreement and conditions shall not be affected.
  32. This User Agreement shall be governed by and construed in accordance with Ukrainian law. Any disputes shall be subject to the exclusive jurisdiction of the Ukrainian courts, to which both parties submit.
  33. We shall not be liable to you or in breach of any of provisions of this User Agreement for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control.
  34. Any notice given by you to us in relation to this User Agreement shall be in writing in the English, French or Russian language, signed by or on behalf of the party giving it and shall be delivered personally, by pre-paid first class post, (or airmail, if abroad), prepaid recorded delivery (or international equivalent) to Madeheart.com's address at the top of this User Agreement, or as otherwise notified in writing from time to time. A notice shall be deemed to have been served at the time of delivery, if delivered personally, or 5 Business Days after posting for any other company's address.
  35. If you have any comments, questions or complaints, please contact us at  [email protected], Droga Alona Anatolievna, private entrepreneur, company number 3164108969, address: Ukraine, 37200, Lokhvitsa, 17-A Zelena street, e-mail: [email protected], phone numbers: +38 063 656 17 66, +38 067 239 57 24.

Last updated: 8 September 2023