Terms of service
PUBLIC AGREEMENT (OFFER)
For ordering and purchasing goods This agreement is an official and public offer by the Seller, Anastasia Yurievna Gerasymenko, to conclude an agreement for the ordering and purchase of goods presented on the website https://kivvi-ukrainian-brand.com/
This agreement is public, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers regardless of their status, without giving preference to one buyer over another. By entering into this Agreement, the buyer fully accepts the terms and conditions for placing an order, paying for goods (products), delivering goods (products), accepting goods (products), returning goods (products), as well as the terms and conditions of liability for unfair orders and all other terms and conditions of the Agreement. The Agreement shall be deemed concluded from the moment the “Complete Order” button is clicked on the Seller's website specified in clause 1.3 of this Agreement and the Buyer receives an electronic order confirmation from the Seller.
1. Definition of terms
1.1. Public Contract (hereinafter referred to as the “Offer”) - a public offer by the Seller, addressed to an indefinite circle of persons, to conclude with the Seller a Contract for the order and sale of Goods (hereinafter referred to as the “Contract”) by remote means (hereinafter referred to as the “Contract”) on the terms contained in this Offer, which you are currently reading.
1.2. Goods (goods) - the subject of the agreement between the parties, which was selected and purchased by the Buyer on the website of the online store or selected and purchased by other means, as provided for in clause 3.1 of this Agreement.
1.3. Online store – the Seller's website at (website link) created for the conclusion of Contracts for retail and wholesale orders and purchase and sale on the basis of the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet on the Seller's website.
1.4. Buyer – a legally capable individual who has reached the age of 18, receives information from the Seller, sends an order for the purchase of Goods (products) to the Seller, which are presented in the online store.
1.5. Seller – Anastasia Yurievna Gerasymenko, RNOKPP 3589506089.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods (goods) to the Buyer, and the Buyer undertakes to pay for and accept the Goods (goods) under the terms of this Agreement.'
2.2. The date of conclusion of this Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be deemed to be the date of completion by the Buyer of the order form located in the online store or by other means specified in clause 3.1 of this Agreement, provided that the Buyer receives an electronic confirmation of the order from the Seller. If necessary, at the Buyer's request, the Agreement may be executed in writing.
3. Placing an Order
3.1. The Buyer places an order independently in the online store /or by placing an order by calling the phone number specified in the “Contacts” section of the online store and in the “Seller's Details and Requisites” section of this Agreement / or by placing an order by email, which is indicated in the Online Store /or by writing their order in a private message on the Seller's Instagram social network (https://instagram.com/kivvi_ukrainian_brand?igshid=OGQ5ZDc2ODk2ZA==
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts as to its validity.*
3.3. When placing an order with the Seller or a person authorized by the Seller, the Buyer undertakes to provide the mandatory information necessary for the Seller to fulfill the order, which appears in the order form after clicking the button (button name) in the online store. When placing an order by other means specified in clause 3.1 of this Agreement, the Buyer undertakes to provide the mandatory information requested by the Seller.
3.4. The name, description, size, weight, material, price, and other properties of the Goods selected by the Buyer are indicated in the online store next to the Goods.
6.7. Returns of goods in cases provided for by law and this Agreement shall be made to the address specified by the Seller.*
7. Liability
7.1. The Seller shall not be liable for damage caused to the Buyer or third parties as a result of improper use or storage of the Goods (products) and/or due to the Buyer's allergy and/or intolerance to the material from which the Goods are made.*
7.2. The Seller shall not be liable for improper or untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or false information, as well as due to force majeure circumstances, about which the Seller shall notify the Buyer as soon as it becomes aware of such circumstances.*
7.3. The Seller and the Buyer shall be liable for the performance of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.*
7.4. The Seller or Buyer shall be exempt from liability for full or partial failure to fulfill their obligations if such failure is the result of force majeure circumstances such as: war or military action, earthquake, flood, fire, other natural disasters, etc., that arose independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The party that is unable to fulfill its obligations shall immediately notify the other Party thereof.
8. Confidentiality and protection of personal data.
8.1. By providing their personal data when registering or placing an order on the website of the online store or by other means specified in this Agreement, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as to other actions provided for by the Law of Ukraine “On the Protection of Personal Data,” without limiting the term of such consent.*
8.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller provides information to contractors and third parties for the purpose of fulfilling its obligations to the Buyer, as well as in cases where the disclosure of such information is required by the applicable laws of Ukraine.
8.3. The Buyer is responsible to the Seller for keeping their personal data up to date. The Seller is not responsible for the poor performance or non-performance of their obligations due to the outdated information about the Buyer or its inaccuracy.
9. Other terms
9.1. This agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If the disputed issue cannot be resolved through negotiations, the Buyer and/or the Seller shall have the right to refer the dispute to the judicial authorities in accordance with the current legislation of Ukraine and this Agreement.*
9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided for in clause 5.2.1. of this Agreement. Changes to the Agreement may also be made by mutual agreement of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.