This Privacy Policy for personal information (hereinafter referred to as “Policy”) applies to all information that BIGTRADE LLC can receive about Users when they use the online store’s Service KIVI.UA and is an integral part of the User Agreement.
Using the Service, as well as creating a Profile on the Website, means that the User unconditionally agrees to this Policy and the terms of collecting and processing Personal information specified in it; in case of disagreement with these terms, the User must refrain from using the service.
1. Terms and definitions
1.1. Service is an online store KIVI.UA in accordance with the terms of the User Agreement.
1.2. Website is a site that provides access to the Service, located on the Internet at http://kivi.ua
1.3. Individual entrepreneur Ozerov is an individual entrepreneur Dmytro Olehovych Ozerov, RNOKPP (taxpayer identification number): 3289615419, acting on the basis of the extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations.
1.4. User Agreement is an agreement between the User and BIGTRADE LLC, which contains all the necessary and essential conditions for providing access to the Service and using the Service by the User, which is an integral part of this Policy.
1.5. User is any legally capable individual, legal entity, individual entrepreneur, according to the current Ukrainian legislation, who visited the Website http://kivi.ua and intends to purchase a particular goods, and also agreed to the terms of the User Agreement and this Policy. The User guarantees that he/she is not a resident of a European Union country.
1.6. Profile is a user account that contains information about him/her.
2. Personal information that Individual entrepreneur Ozerov receives and processes.
2.1. Within the framework of this Policy, “Personal information” (for the purposes of this Policy, the term Personal information, unless otherwise follows directly from the provisions of the Policy, is synonymous with personal data, as defined in the legislative acts of Ukraine) is understood as:
2.1.1. Personal information that the User provides about himself/herself when creating a Profile and/or while using the Service, including last name, first name, patronymic, contact details (e-mail, phone number);
2.1.2. Standard data that is automatically received by the http/https-server when accessing the Website and further User’s actions (host IP address, user operating system type, Website pages visited by the User);
2.1.3. Information traffic between the User and Individual entrepreneur Ozerov, including commercial electronic messages and electronic messages related to the Service (for example, account confirmation, technical messages and security system information, etc.);
2.1.4. For the purposes of making payments and for the purpose of processing data on payments made by users, Individual entrepreneur Ozerov may collect information about the User’s payment details, including, but not limited to, data on the very fact of making a payment made through third-party payment systems, as well as individual details of the payer;
2.1.5. Individual entrepreneur Ozerov can collect and process data about User device IDs;
2.2. Individual entrepreneur Ozerov should not verify the accuracy of Personal information provided by Users, and does not monitor the legal capacity of Users.
2.3. Individual entrepreneur Ozerov assumes that the User:
2.3.1 provides reliable and sufficient Personal information, including on issues suggested in the Profile creation form, and keeps this information up-to-date;
2.3.2 has all the necessary rights that allow him/her to register and use the Website;
2.3.3 is acquainted with this Policy, agrees to it and accepts the rights and obligations set out therein.
2.4 Relations associated with the collection, processing, storage, distribution and protection of Users information are regulated by this Policy, other local laws and regulations of Individual entrepreneur Ozerov and the current legislation of Ukraine.
3. Purposes of collecting and processing Personal information.
3.3. The purpose of this Policy is to ensure that Users’ information, including their personal data, is properly protected from unauthorized access and disclosure.
3.4. Individual entrepreneur Ozerov processes Personal information in order to fulfill the Agreement between Individual entrepreneur Ozerov and the User. In accordance with the provisions of Paragraph 4 of Article 2 of the law of Ukraine “On personal data protection” the User’s consent to the processing of his/her Personal information is provided when registering in the information telecommunications system of Individual entrepreneur Ozerov Service by checking the box on the granting of permission to process his/her personal data in accordance with the stated purpose of their processing.
3.5. Individual entrepreneur Ozerov strictly complies with the requirements of the legislation of Ukraine in the field of personal data protection. Individual entrepreneur Ozerov guarantees that the Personal information collected by Individual entrepreneur Ozerov is necessary and sufficient to achieve the collection and processing goals set out in this Policy.
3.6. Individual entrepreneur Ozerov collects and processes Personal information for the following purposes:
3.6.1. Enabling users to use the Website;
3.6.2. The purpose of processing the User’s personal data is to provide the latter with the opportunity to use the online store kivi.ua, running advertising campaigns, providing targeted advertising, statistical research practice and analysis of the obtained statistical data, performing other actions described in this Policy, the User Agreement and the relevant sections of the Website;
3.6.3. Communication with the User, including sending messages, requests, and information related to the Service using, as well as processing User’s requests;
3.6.4. Improving the quality of Service, usability of its use, developing new Services and other similar products;
3.6.5. Running advertising campaigns:
3.6.6. Providing targeted advertising;
3.6.7. Making purchases by Users;
3.6.8. Sending information (commercial electronic messages), including by e-mail, using Viber or Telegram services, as well as sending sms messages, making calls to the phone number specified in the questionnaire. Such mailings can be carried out both using the technical infrastructure (servers) of Individual entrepreneur Ozerov, and third parties. In case of not wishing to receive the newsletter, the User has the right to contact Individual entrepreneur Ozerov by writing an application for refusal to receive advertising materials, sending it both via postal address of Individual entrepreneur Ozerov, and email address support@kivismart.com.
3.6.9. Conducting statistical and other studies, based on impersonal data.
3.7. The User agrees that Individual entrepreneur Ozerov in the process of processing personal data has the right to perform the following actions with personal data: collection, systematization, accumulation, storage, use, transfer to third parties, including those outside Ukraine, destruction and other necessary actions for the purpose of implementing Policy and using the Website.
3.8. Individual entrepreneur Ozerov may allow third parties, including publishers and advertising networks, to place ads on the Website. At the same time, Individual entrepreneur Ozerov guarantees that if the specified persons place Cookies on the User’s computer, Personal information is not transferred. The User has the right to change the settings for accepting cookies in his/her browser settings independently at any time, or disable them completely.
3.9. The User agrees that the contact details provided by him/her during registration (including, but not limited to email, phone number, etc.) from the moment they are entered on the Website and confirmed will be automatically included in the system of newsletters mailing from Individual entrepreneur Ozerov, including advertising and other information.
3.10. The User agrees to the obligation to immediately notify Individual entrepreneur Ozerov of any security breach related to access to the Website, committed using the User’s credentials without his/her knowledge and consent. Individual entrepreneur Ozerov does not assume responsibility for any consequences of a security breach, including loss or damage of data that occurred as a result of authorized access of third parties to the Website using the User’s username and password.
3.11. The User has the right to request from Individual entrepreneur Ozerov personal data collected by Individual entrepreneur Ozerov by writing an application for receiving such data, sending it both via the postal address of Individual entrepreneur Ozerov, or via email address support@kivismart.com. The deadline for processing and responding to such a request is up to 30 (thirty) calendar days from the date of its receipt by Individual entrepreneur Ozerov.
4. Procedure for processing Personal information and transferring it to the third parties.
4.1. The User’s Personal information is collected by Individual entrepreneur Ozerov during registration, as well as in the future when the User enters additional information about himself/herself on his own initiative.
4.2. Personal data and User information are stored exclusively on electronic media and processed using automated systems, except in cases where non-automated processing of personal data is necessary due to compliance with legal requirements.
4.3. Individual entrepreneur Ozerov in the processing of Personal Information performs the following activities: collection, recording, systematization, accumulation, storage, clarification, retrieval, use, transfer, impersonalization, blocking, deletion, destruction of Personal Information and other activities solely for the purpose of executing the User Agreement, providing access to the Service.
4.4. Individual entrepreneur Ozerov does not disclose or distribute Personal information to third parties without the consent of users (except in cases stipulated by the legislation of Ukraine). In addition, even with the User’s consent, Individual entrepreneur Ozerov does not place Personal information on publicly available resources on the Internet, since such placement does not meet the purpose of collecting and processing Personal information. Individual entrepreneur Ozerov guarantees that access to Personal information is not granted to a third party if the specified person refuses to assume obligations to ensure compliance with the requirements of the law of Ukraine “On personal data protection” or cannot provide them. Under no circumstances shall Individual entrepreneur Ozerov be liable for the results of the User’s independent providing Personal information about himself/herself for public access to an unrestricted number of people, including by posting this information on publicly available resources on the Internet. In any case, the User has the right to request information from Individual entrepreneur Ozerov about the conditions for granting access to his/her personal data, in particular information about third parties to whom his personal data is transferred.
4.6. Individual entrepreneur Ozerov applies reasonable and sufficient measures to protect Users’ Personal information from accidental loss or destruction, from illegal processing, including illegal destruction or access to personal data. At the same time, the User understands and agrees that the internet cannot provide absolute protection of information from threats that exist in it. The User hereby grants his or her unconditional and irrevocable consent to Individual entrepreneur Ozerov to determine the adequate level of protection of personal data, methods and place (territory) of their storage.
4.7. The User accepts and agrees that Individual entrepreneur Ozerov should under no circumstances be responsible for the loss and/or dissemination of personal data, if such loss and/or dissemination was the result of actions, due to fault or negligence, of third parties. Individual entrepreneur Ozerov will provide the User with all reasonable assistance and favoring in protecting his/her rights and legitimate interests in legal proceedings with such third parties.
4.8. Processing of the User’s personal data is carried out by Individual entrepreneur Ozerov from the moment of registration of the Profile and within 3 (three) years from the moment of deletion of the Profile by the User.
5. Change of Personal information
5.1. The User can change (update, supplement) the Personal information provided to them or part of it in his/her Profile at any time.
5.2. The User can also delete the Personal information provided by him/her during the creation of the Profile. At the same time, the User understands and agrees that such deletion may result in the inability of the online store kivi.ua to use it.
6. Measures used to protect Personal information.
6.1. Individual entrepreneur Ozerov takes technical and procedural and institutional measures to ensure the protection of the User’s personal data from illegal or accidental access to them, destruction, distortion, blocking, copying, dissemination, as well as from other illegal actions.
6.2. Individual entrepreneur Ozerov takes the necessary and sufficient organizational and technical measures to protect Personal information from illegal or accidental access, destruction, distortion, blocking, copying, dissemination, as well as from other illegal actions with it by third parties. At the same time, in order to ensure the possibility of normal use of the Service, Individual entrepreneur Ozerov can use the services of third parties. In no case will Individual entrepreneur Ozerov be held liable for violations of the confidentiality of Personal information that occurred accidentally or as a result of illegal actions with it by third parties. The User is aware and understands that all Personal information provided by him/her at his/her own risk and his/her own personal responsibility, and in case of any illegal actions of third parties in relation to Personal information, the User agrees to claims and complaints directly against such persons.
7. Making changes to the Policy. User consent to the Policy.
7.1. By registering and using the Website and Service, the User agrees to the terms of this Policy.
7.2. If the User does not agree with the terms of this Policy, the use of the Website and the Service must be stopped immediately.
7.3. The user acknowledges and agrees that creating a Profile and continuing to use the Service means that the User unconditionally agrees to all the clauses of this Policy and unconditionally accepts its terms. The User’s continued use of the Service after any changes to this Policy constitutes his/her acceptance of such changes and/or additions. The User should regularly review the content of this Policy in order to get acquainted with its changes in a timely manner.
7.4. Individual entrepreneur Ozerov has the right to make changes and/or additions to this Policy at any time without prior and/or further notification to the User. When making changes to the current version, the date of the last update is specified. The new version of the Policy comes into force from the moment it is posted, unless otherwise provided by the new version of the Policy. The current version is constantly available on the Website at: https://kivi.ua/storage/app/media/politika- konfidentsialnosti- kivi.ua.pdf.
7.5. The User independently tracks Policy changes and gets acquainted with the current version of the Policy. Continued use of the Service by the User after making changes and/or additions to this Policy means the User’s acceptance and agreement to such changes and/or additions.
8. Final provisions. Contact information.
8.1. The legislation of Ukraine applies to this Policy and relations between Users and Individual entrepreneur Ozerov that arise in connection with the application of the Policy. All Users, without exception, have access to this Policy.
8.2. This Policy does not apply to the actions and internet resources of third parties. Individual entrepreneur Ozerov is not liable for the actions of third parties who have obtained access to User information as a result of using the Internet or Services in accordance with the level of privacy chosen by the User.
1.1. Service is an online store of household goods KIVI.UA
1.2. Website is a site that provides access to the Service, located on the Internet at http://kivi.ua
1.3. Individual entrepreneur Ozerov (Individual entrepreneur Ozerov) is an individual entrepreneur Dmytro Olehovych Ozerov, RNOKPP (taxpayer identification number): 3289615419, acting on the basis of the extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisation.
1.4. User - is any legally capable individual, legal entity, individual entrepreneur, according to the current Ukrainian legislation, who visited the Website http://kivi.ua and intends to purchase particular goods, and also agreed to the terms of the User Agreement and integral appendices thereto. The User guarantees that he/she is not a resident of a European Union country.
1.5. Profile is the User’s account.
1.6. Agreement is the text of this agreement between the User and Individual entrepreneur Ozerov, containing all the necessary and essential terms of the User’s use of the Service and intellectual property, restrictions, terms of suspension and termination of the use of the Service, liability of the Parties, other relations of the Parties related to the use of the Service.
1.7. Parties are the parties to this Agreement.
1.8. Intellectual property are the results of intellectual, creative activity: copyright items, items of industrial property rights, means of identification, including, but not limited to: trademarks, know-how, brand (commercial) names, inventions, utility models, industrial designs, program code, audiovisual effects, design themes, artistic design, graphic images, sound effects, musical works (with and without text), both registered and unregistered, as well as all applications, additions and modifications to them, titles in intellectual property of which belong to BIGTRADE LLC.
1.9. One-time ID is an alphanumeric sequence received by the User who has accepted an offer to conclude an electronic agreement by registering with the Service. The one-time identifier is transmitted by the means of communication specified by the User during registration and is attached (included) to the electronic message from the person who accepted the offer to conclude the agreement;
1.10. This Agreement shall be interpreted in accordance with the following general guidelines:
1.10.1. unless otherwise required by context, all terms capitalized in this Agreement shall be used in the meaning assigned to them in this Agreement;
2.1. This Agreement applies to all Users of the Service, regardless of the purpose of its use. The agreement applies to Users from the moment of registration in the Service. When registering, the User is sent a one-time ID, which must be entered next to the “Register” button. Clicking the “Register” button means that the User gives his/her full and unconditional consent to this Agreement. In case of disagreement with the Agreement, the User undertakes to immediately stop using the Service.
2.2. The current version of the Agreement is permanently posted on the Internet https://kivi.ua/storage/app/media/politika-konfidentsialnosti-kivi.ua.pdf. Individual entrepreneur Ozerov reserves the right to change or amend this Agreement at any time without prior or further notice. The user independently tracks amendments to the Agreement and gets acquainted with the current version of the Agreement. Continued use of the Service by the User after making amendments and/or supplements to this Agreement means the User’s acceptance and agreement to such amendments and/or supplements.
3.1. To access the Service, the user registers his/her Profile in the Service. The User guarantees the reliability and accuracy of the data specified during registration, while Individual entrepreneur Ozerov does not verify the information provided by the latter, and the User is liable for violating the terms of this clause.
3.2. When registering a Profile, the User specifies the following information:
3.4. The User gives Individual entrepreneur Ozerov consent to the processing of the information and personal data provided by him/her for the purposes specified in this Agreement and Privacy Policy.
3.5. When registering, the User enters the User’s name independently (hereinafter referred to as “login”) and password. If the User has forgotten his/her password, the User can go through the password recovery procedure.
3.6. The User is fully liable for the security of the username and password chosen by him/her, in particular for the lack of access to them by third parties. All actions in the Service performed under the User profile are considered to have been performed by the User.
3.7. Registration of a User in the information system of Individual entrepreneur Ozerov means his/her consent to the use and processing of his/her personal data and performing other actions provided for by the Law of Ukraine “On Protection of Personal Data”.
4.1. Individual entrepreneur Ozerov provides Users with access to the Service on the Internet with the necessary level of access security and maintenance breaks.
4.2. The User agrees to the obligation to immediately notify Individual entrepreneur Ozerov of any security breach related to access to the Service and/or committed using the User’s username and password without his/her knowledge and consent. Individual entrepreneur Ozerov does not assume responsibility for any consequences of a security breach, including loss or damage of data that occurred as a result of third parties’ access to the Service using the User’s login and password.
4.3. Individual entrepreneur Ozerov provides automated password recovery tools. At the same time, Individual entrepreneur Ozerov reserves the right to restrict the use of these tools, as well as temporarily or completely discontinue their work. Individual entrepreneur Ozerov shall not be liable for loss of information for access to the Service, carried out through the fault of the User, as well as for any consequences that may arise as a result thereof.
4.4. The User agrees with the right of Individual entrepreneur Ozerov to prohibit the use of certain logins and block access to the Service using them.
4.5. The User undertakes to comply with the terms of this Agreement and agrees that Individual entrepreneur Ozerov has the right, at its sole discretion and without special notice or warning, to restrict the User’s access to the Service due to violation of the terms of this Agreement.
4.6. Individual entrepreneur Ozerov reserves the right, but is not obliged, to moderate all materials posted by Users on the Website, that is, to monitor the content of these materials and, if necessary, at its sole discretion, without warning or explanation of reasons, delete or transfer them. Individual entrepreneur Ozerov does not assume responsibility for any consequences of actions committed under the moderation procedure.
4.7. The user agrees that Individual entrepreneur Ozerov has the right, at its sole discretion and without prior or further notification to the User and explanation of reasons, to restrict or block access to the Service or to take other measures against a User who has violated the terms of this Agreement, or the statutory regulations of current legislation, or the rights of third parties protected by law in the event of a reasoned complaint received from them.
4.8. Unless otherwise expressly provided for by the mandatory provisions of the current legislation of Ukraine, if the User violates the terms of the Agreement, Individual entrepreneur Ozerov has the right to take measures necessary to protect these terms and its interests, regardless of the statute of limitations for these violations. Thus, inactivity on the part of Individual entrepreneur Ozerov when the Users violated the terms of the Agreement does not deprive Individual entrepreneur Ozerov of the right to take actions necessary to protect its interests in the future and does not indicate the failure of Individual entrepreneur Ozerov to exercise its rights when similar violations take place in the future.
5.1. All materials presented in the Service are the intellectual property of BIGTRADE LLC (or provided by BIGTRADE LLC under license agreements) and are protected in accordance with the provisions of the intellectual property legislation of Ukraine.
5.2. In accordance with the terms of this Agreement, BIGTRADE LLC hereby grants the User a non-exclusive, without the right to transfer and without the right to issue sublicenses, limited license to use intellectual property for personal non-commercial use. The rights to use intellectual property granted under this Agreement are subject to the user’s compliance with this Agreement. The User hereby acknowledges that there is no transfer or assignment of intellectual property rights under this Agreement, and this Agreement cannot be interpreted as transfer (alienation) and/or assignment of any intellectual property rights.
5.3. The validity period of the license under this Agreement begins at the moment when the User accepts this Agreement by clicking the “Register” button, and ends on one of the following dates, whichever comes first: the date when the User deletes the Profile or the date when this Agreement is terminated. The license expires immediately if the User attempts to circumvent any technical means of protection used in connection with the operation of the Service, or otherwise uses intellectual property or the Service in violation of the rules established by this Agreement.
5.4. BIGTRADE LLC reserves all rights, ownership rights and exclusive titles in intellectual property to intellectual property owned by BIGTRADE LLC, including, among other things, all copyrights, trademark rights, know-how, brand (commercial) names, real rights, patents, program code, audiovisual effects, design themes, artistic design, graphic images, sound effects, musical works both registered and unregistered, as well as all appendices and supplements and modifications to them. Unless otherwise expressly permitted by the terms defined by the provisions of Ukrainian law, intellectual property may not be copied, reproduced or distributed in any way on any media, in whole or in part, without the prior written consent of BIGTRADE LLC. All rights not expressly granted to the User under this Agreement are reserved by BIGTRADE LLC.
5.6. The User is liable in case of violation of the intellectual property rights of third parties, in particular copyright and related rights, as well as exclusive rights to an invention, utility model, industrial design or trademark.
5.7. On the website pages, the User has the right to publish only those comments (including the Profile picture, the text of the comment and the attached photo) that do not violate the current legislation and/or the rights of third parties. If such a work is subject to copyright or includes it, the User guarantees that he/she has the right to such use. By publishing the specified items, the User grants BIGTRADE LLC the right to use them without restrictions on the territory and term by reproduction, distribution, translation, publicly performance, publicly demonstration, broadcasting and cable broadcasting, making public in such a way that its representatives can access the specified items from any place and at any time of their own choice.
5.8. BIGTRADE LLC reserves the right to block any information posted by the User that violates the intellectual, exclusive and/or personal non-property rights of third parties, including copyright and related rights, at the request of the copyright holder or without it.
6.1. Individual entrepreneur Ozerov, in order to comply with the provisions of this Agreement and provide Users with access to the Service, processes their personal data in accordance with the provisions of the Privacy Policy, which is an integral part of this Agreement.
7.1. Purchase of goods through an online store kivi.ua is carried out in accordance with the provisions of the Public Offer Agreement for the purchase of goods through the online store, which is an integral part of this Agreement.
8.1. The User is prohibited from:
8.1.1. Upload, post, transmit through the website’s software tools, and/or any other way of publishing texts, programs, images or materials that promote terrorist activities, or incite ethnic, racial or religious hatred, and reflect or promote violence or death, containing a description or image of causing harm to minors in any form, including any form of pornography;
8.1.2. Upload, post, transmit through the software tools of the Service, or any other method of publishing texts, programs, images or materials containing obscene materials and information, in any form that encourages illegal actions, including gambling, illegal sale of weapons or drugs;
8.1.3. Commit or allow the commission of criminal or destructive acts prosecuted in accordance with the legislation of Ukraine;
8.1.4. Upload, store, use or transmit any advertising information, description of fraudulent schemes, network marketing (MLM) schemes, earning systems on the Internet, etc.;
8.1.5. Upload, store, use or transmit any information that violates the intellectual property rights of third parties;
8.1.6. To take on a different person or representative of the institution and/or community, and mislead other Users;
8.1.7. Collect and store information about other users outside the Service in manual or automated mode;
8.1.8. in any way to hinder the operation of the Service, including the creation, distribution or use of computer programs or other computer information intended for unauthorized destruction, blocking, modification, copying of computer information or neutralization of Computer Information Protection tools, as well as intended to disrupt, destroy or restrict the functionality of any computer or telecommunications equipment or programs (computer viruses) for unauthorized access, as well as serial numbers for commercial software products and programs for generating them, logins, passwords and other means for obtaining unauthorized access to the Service, as well as placing links to the above information.
8.2. By using the Service, the User undertakes not to violate its information security, namely, not to perform such actions:
8.2.1. Do not attempt to check the vulnerability of the Service’s security systems, do not violate the registration procedures in the Service;
8.2.2. Do not attempt to create obstacles in using the Service by other Users, including the spread of computer viruses, data corruption, constant sending of repetitive information, simultaneous sending of a large number of e-mail and/or requests to the Service in order to intentionally disable the site Server, and other actions that go beyond the normal intended use of the Service, and may intentionally or by inadvertency cause failures in its operation;
8.2.3. Do not send Users of the Service materials for receiving thereof they did not give their consent, “spam”, any emails and advertising without the permission of Individual entrepreneur Ozerov;
8.2.4. Do not simulate and/or fake any TCP/IP packet header or any part of the header in any email or material posted on the Service;
8.2.5. Do not use or attempt to use any software or procedures for navigation or search in the Service other than the built-in search engine and traditional and public browsers.
8.3. Violation of the provisions of clauses 8.1-8.3 of this Agreement is the basis for unilateral refusal of BIGTRADE LLC from its further implementation.
9.1. Individual entrepreneur Ozerov is not responsible in case of direct or indirect financial or other losses of Users caused by temporary interruptions in the Service for the following reasons: scheduled or unscheduled technical and preventive work, technical failures of internet service providers, computer networks, servers and facilities, as well as illegal actions of third parties, intentional, unintentional (including careless) actions of the User himself and/or force majeure. At the same time, Individual entrepreneur Ozerov undertakes to make every effort to restore the Service’s functionality in the shortest possible time.
9.2. Individual entrepreneur Ozerov is under no circumstances responsible for infringement of intellectual property rights of third parties, if such violation was caused by the creation, uploading, posting, copying or modification of information, materials or images in the Service performed by Users of the Service.
9.3. Individual entrepreneur Ozerov under no circumstances is responsible for violation of the requirements of the legislation regulating the procedure for processing personal data, if such violation occurred as a result of violation by Users or Third parties to whom, with the consent of the User and/or his legal representative, personal data was transferred, the requirements of the legislation and the terms of this Agreement.
9.4. This limitation of liability should be applied to the maximum extent permitted by law. This limitation of liability does not apply exclusively in cases where any specific condition of limitation of liability is expressly prohibited by the conditions defined by law. At the same time, the remaining provisions of this Agreement remain valid and the Parties undertake to implement them to the greatest extent possible, as well as to replace provisions that contradict the mandatory provisions of the current legislation with provisions that are as close as possible to them in meaning and permissible under the law that applies to this Agreement.
9.5. Under no circumstances will Individual entrepreneur Ozerov be liable for all losses (except for the cases stipulated by the legislation), exceeding the actual price paid by the User for using the Service, or 1000 (one thousand) Hryvnia, depending on which amount is less.
10.1. The service, including its additional features, is provided to the user “as is”, with all defects, without any warranty, without providing technical characteristics or any guaranties, and its use by the User is performed solely at his/her own risk. The entire risk associated with satisfactory quality and performance shall be borne by the User. Individual entrepreneur Ozerov does not give and hereby waives any express, implied or Statutory warranties, including possible guarantees of the condition, uninterrupted use, accuracy of data, achievement of certain results, suitability for sale, satisfactory quality, suitability for a specific purpose, non-infringement of the rights of third parties, as well as guarantees (if any) arising from the normal practice of conducting business operations, the use of business custom, good business practices. Individual entrepreneur Ozerov does not guarantee: that there will be no malfunctions when the User uses the Service; that the Service will meet the requirements, that the operation of the Service will be uninterrupted or error-free, that the Service will interact or be compatible with any other Services of Individual entrepreneur Ozerov, or that any errors in the Service will be corrected. If the current legislation does not allow the exclusion or restriction of warranties or the application of restrictions on consumer rights provided for by law, the above exceptions and restrictions are applicable to the maximum extent permitted by law.
10.2. The warranties specified in clause 10.1 of this Agreement are an essential condition that determines the interest of Individual entrepreneur Ozerov to enter this Agreement.
11.1. Individual entrepreneur Ozerov reserves the right to immediately restrict or block access to the Service or take other measures against a User who has violated the terms of this Agreement without prior notice to the User.
11.2. By registering in the Service, the User confirms his/her consent to all the provisions of the Agreement, as well as his/her compliance with all the conditions stipulated in the registration forms and necessary for successful registration.
11.3. This Agreement may be terminated by Individual entrepreneur Ozerov unilaterally, if the user violates its terms and conditions. In this case, the User must immediately stop accessing the Service and using intellectual property.
11.4. Individual entrepreneur Ozerov reserves the right, at its sole discretion, to change, correct, add or remove parts of this Agreement by posting an updated version of the Agreement at: https://kivi.ua/storage/app/media/politika-konfidentsialnosti-kivi.ua.pdf. Continued use of the Service by the User after making amendments and/or supplements to this Agreement means the User’s acceptance and agreement to such amendments and/or supplements.
11.5. If any provision of this Agreement is held by a court to be invalid, the Parties, notwithstanding, shall endeavor to give effect to the intent of the Parties as set forth in this Agreement, and the other provisions of the Agreement shall remain in full force and effect.
11.6. Disputes between Individual entrepreneur Ozerov and Users are resolved through negotiations, and if such settlement is impossible in court in accordance with the legislation of Ukraine.
11.7. Relations between the parties under this Agreement are regulated by the legislation of Ukraine.
11.8. The parties do not have any accompanying oral and/or written agreements. The content of the text of this Agreement fully corresponds to the actual will of the Parties.
Individual entrepreneur Dmytro Ozerov, RNOKPP (taxpayer identification number): 3289615419, which acts on the basis of an extract from the Unified Register of Legal Entities, Individual Entrepreneurs and Public Organizations (hereinafter referred to as “Seller” ), as the First Party, and any person who has ever accessed the site http://kivi.ua (hereinafter referred to as “Website”) and has reached the age allowed for acceptance of this Agreement, and has received (accepted) this offer (hereinafter referred to as “User”), as the Second Party, and together in the future referred to as “Parties”, have concluded this public offer agreement to purchase goods via the online store (hereinafter referred to as “Agreement”) is addressed to an unlimited number of persons, which is an official public offer of the Seller, to conclude an Agreement with Users, images and information about which are posted in the corresponding section of the Website.
1.1. Public offer agreement is a public agreement, a sample of which is posted on the website: http://kivi.ua containing the Seller’s offer to purchase the goods, the image of which is posted on the Seller’s Website, sent to an indefinite circle of persons, including Users.
1.2. Acceptance is the User’s acceptance of the Seller’s offer to purchase Goods, the image of which is posted on the Seller’s Website, by adding it to the virtual shopping cart and sending the Order.
1.3. User is any legally capable individual, legal entity or individual entrepreneur in accordance with the current legislation of Ukraine who has visited the Website http://kivi.ua, agreed to the terms of the User Agreement, and intends to purchase particular goods that is offered for sale by the Seller. The User guarantees that he/she is not a resident of a European Union country.
1.4. Seller is a Individual entrepreneur Dmytro Ozerov, RNOKPP (taxpayer identification number): 3289615419, which acts on the basis of an extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations, and distributes goods using the Website http://kivi.ua.
1.5. Order is a properly executed and posted on the Seller’s Website User’s request for the purchase of Goods, addressed to the Seller.
1.6. Legislation is the current legislation of Ukraine, which can be applied to legal relations regarding the performance and/or arising from the performance of the obligations described in this Agreement.
1.7. Goods are products that are offered by the Seller for sale to Users under the terms of the Agreement and information about which is posted on the Seller’s Website.
1.8. A significant drawback of the goods is a defect that makes it impossible or unacceptable to use the goods in accordance with its intended purpose, arose due to the fault of the manufacturer and/or Seller, and after its elimination manifests itself again for reasons beyond the control of the consumer.
2.1. The User must read this Agreement in its entirety before registering on the Website. User registration on the Website means that the User fully and unconditionally accepts this Agreement. In case of disagreement with the terms and conditions of the Agreement, the use of the Website by the User shall be immediately suspended.
2.2. The Seller and Users, when purchasing goods, images and information thereof are posted on the corresponding pages of the Website, accept the terms of this Agreement.
2.3. Contractual relations between the Seller and the User are executed in the form of a Public Offer Agreement. Implicative actions in the form of clicking the “CONFIRM ORDER” button in the internet resource on the Order processing page means that the User, regardless of the status (individual, legal entity, individual entrepreneur), according to the current legislation of Ukraine, has accepted the terms of the Public Offer Agreement specified in this Agreement.
2.4. The Parties to this Agreement have agreed that if the User is a foreigner, a stateless person or a foreign legal entity, as well as if the legal relationship under this Agreement is complicated by another foreign element, the substantive and procedural law of Ukraine applies to these legal relations.
2.5. The Public Offer Agreement is public, that is, in accordance with the provisions of articles 633 and 641 of the Civil Code of Ukraine its terms are the same for all users, regardless of their legal status (individual, legal entity, individual entrepreneur). In case of full agreement with this Agreement, the User accepts the terms and procedure for ordering, payment and delivery of goods by the Seller, liability for an unfair Order and for non-fulfillment of the terms of this Agreement.
2.6. This Agreement shall be deemed entered into force from the moment the User clicks on the “CONFIRM PURCHASE ORDER” button, by which the Buyer agrees to purchase the Goods available from the Seller and shall remain in force until the User receives the Goods from the Seller and pays the full amount of the Seller’s invoice.
2.7. The Seller and Users, when purchasing goods, images and information thereof are posted on the corresponding pages of the Website, accept the terms of this Agreement as follows.
3.1. The Seller undertakes, on the terms and in accordance with the procedure defined in this Agreement, to transfer the Goods to ownership on the basis of an Order placed by the User on the corresponding page of the Website, and the User undertakes, on the terms and in accordance with the procedure defined in this Agreement, to accept the Goods and pay for them.
3.2. The Seller guarantees that the Goods are not deposited as a pledge, are not the subject of a dispute, are free from attachment, and there are no rights of third parties to it.
3.3. The Seller and User acknowledge that the current Agreement is not a sham or imaginary agreement or an agreement entered into under duress or fraud.
3.4. . The Seller confirms that it has all the necessary permits to carry out economic activities that regulate the scope of legal relations arising and operating in the course of the performance of this Agreement, and also guarantees that it has the right to sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine.
4.1. The seller must:
4.1.1. Comply with the terms of this Agreement;
4.1.2. Within one day from the moment of the User’s order (acceptance), confirm receipt of such acceptance;
4.1.3. Execute the User’s order if payment is received from the User;
4.1.4. Transfer the Goods to the User according to the selected sample on the corresponding page of the Website, the Order placed and the terms of this Agreement;
4.1.5. Check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse.
4.1.6. Provide the User with a document (electronic document) certifying the fact of making a transaction.
4.2. The seller has the right to:
4.2.1. . Unilaterally suspend the performance of the Agreement if the User violates the terms of this Agreement.
5.1. The User must:
5.1.1. Register an account on the Website;
5.1.2. The account must be logged in at the time of each order placed in the Seller’s information system. Such identification is equivalent to the User’s electronic signature.
5.1.3. Pay for and receive the Order in a timely manner under the terms of this Agreement;
5.1.4. Get acquainted with the goods information posted on the Seller’s website;
5.1.5. Please check the Goods information by phone or email before placing an Order;
5.1.6. Upon receipt of the Goods from the person who delivered them, make sure that the Goods are intact and complete by examining the contents of the package. In case of detection of damage or incomplete configuration of the goods they should be recorded in the Act, which jointly with the User must be signed by the person who delivered it to the User;
5.2. The User has the right to:
5.2.1. Place an order on the corresponding page of the Website;
5.2.4. Require the Seller to fulfill the terms of this Agreement.
5.2.5. Upon request, sent to the Seller’s email address, has the right to receive a copy of this Agreement in writing.
6.1. The User independently places an Order on the corresponding page of the Website by adding products to the virtual shopping cart by clicking the “Add to shopping cart” button, or by placing an order by email or by calling the phone number specified in the Contacts section of the Website.
6.2. The order formation period is up to 5 (five) business days from the moment of its registration. If the Order is sent on a weekend, holiday, or non-business day, the formation period starts from the first business day after the weekend.
6.3. The characteristics of the Goods, its appearance and completeness can be changed by the manufacturer without the Seller notifying the User in advance, so before placing an Order, the User must clarify information about the Goods by phone or email.
7.1. The price of each individual piece of Goods is determined by the Seller in UAH and is indicated on the corresponding page of the Website. The Contract price is determined by adding the prices of all selected goods placed in the virtual cart and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Agreement.
7.2. The Order price may vary depending on the price, quantity, or nomenclature of goods.
7.3. The User can pay for the Order in the following ways:
7.3.1. By bank transfer of money to the Seller’s current account specified in the invoice, including via Internet banking (the User pays for the Order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
7.3.2. In any other way by agreement with the Seller.
8.1. The User receives the Goods via delivery, or receives it in person. The payment and receipt procedure is indicated on the corresponding page of the Website.
8.2. When Goods are delivered to other cities of Ukraine, which is performed by other delivery services (hereinafter referred to as “Carrier companies”) the User fully and unconditionally agrees to the Rules of cargo transportation and processing of personal data by these Carrier companies.
8.3. The Seller’s obligation to transfer the goods to the User is considered fulfilled at the time of delivery of the goods to the carrier.
8.4. The fact of receipt of the goods and the absence of complaints about the quality of the goods delivered by the Carrier companies, the User confirms with his own signature in the bill of lading, declaration of the Carrier company, or in the goods delivery note upon receipt of the goods. For its part, the Seller guarantees the shipment of the goods to the Carrier company in the quantity specified and paid for by the User, in completeness according to the specification of these goods and in proper (working) condition and quality.
8.5. If the User is absent from the delivery address specified by the User in the application or the User refuses to receive the goods for an unjustified reason, the goods are returned to the shipment center when delivered by the courier of the Carrier company. Payment for the services of the Carrier company is deducted from the amount transferred by the User for the Goods. The remaining amount is returned to the User based on his letter sent to email address d.ozerov@kivismart.com indicating the current account to which the funds should be returned.
8.6. Delivery of Goods to the User is carried out within 4 days (four) business days from the moment of placing the order. If the order was placed by the User on a weekend, holiday, or other non- business day, the corresponding deadline will be stared from the first business day following one of these days. However, the delivery time may be extended by the Carrier company for reasons beyond the Seller’s control.
8.7. All questions that arise during the payment and receipt of Goods, the User can find out by using the contact details in the Contacts section.
9.1. When receiving Goods at the carrier’s warehouse, from a courier or Seller, the User is obliged to check the external integrity of the package, then open it and directly verify the proper external condition of the Goods (no mechanical damage) and its full completeness.
9.2. If there is at least one of the listed shortcomings, the User is obliged to record it in the drawn-up report of any form. The report must be signed by the User and the person who delivered the Goods or a representative of the Seller. If possible, shortcomings should be recorded by means of photo or video recording. Without fulfilling the conditions defined in this clause, the User’s claims and requirements for replacing damaged Goods by the Seller are not considered.
9.3. Within 2 days (two) business days, the User is obliged to inform the manager (representative of the seller responsible for placing an order for the Goods) about the identified shortcomings and agree on the replacement of the Goods, based on his letter sent to the email address support@kivismart.com. The User undertakes to send the Goods to the Seller within 3 days (three) business days from the date of agreement on the replacement of the Goods.
9.4. If the Goods have not been used and if their commercial appearance, consumer properties, seals, labels, as well as the settlement document issued to the User together with the Goods sold are preserved, the User has the right to terminate the Agreement by notifying the Seller about it within fourteen days from the date of receipt of the Goods, unless otherwise provided by the terms of the Agreement. The User is obliged to return such Goods through an Authorized Service Center of the KIVI group of companies, by contacting the KIVI Contact Center (0 800 606 600).
9.5. Funds paid for the goods are returned to the User on the day of termination of the Agreement (but not earlier than the day of receipt of the returned Goods by the Seller), and if it is impossible to return the money on the day of termination of the Agreement - at another time by agreement of the parties, but not later than within 30 days (thirty) calendar days from the date of receipt of the returned Goods by the Seller.
9.6. If payment for the Goods was made by the User using a Visa or MasterCard payment card via a payment terminal or the Internet, the Seller will refund the funds paid for such Goods exclusively to the corresponding Visa or MasterCard payment card.
9.7. The parties agreed that in case of non-compliance with the mandatory requirements of this procedure, the User is considered as one that received the Goods in proper condition - without any mechanical damage and in full completeness.
9.8. If the User submits complaints about the improper quality of the Goods, such Goods are sent to the Service center at the Seller’s expense. If the results of diagnostics performed by the Service Center do not reveal signs of quality violation of the corresponding Goods, such Goods are sent to the User at the expense of the latter.
10.1. The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the procedure provided for in this Agreement and the current legislation of Ukraine.
10.2. In the event of disputes related to the Parties’ performance of this Agreement, with the exception of disputes concerning receivable collection from the User, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. Term of consideration of the claim – 7 (seven) business days from the date of its receipt.
10.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those related to its performance, violation, termination or invalidity, are subject to resolution in the relevant court in accordance with the substantive and procedural law of Ukraine.
11.1. The parties are not liable for non-performance of any of their obligations, except for payment obligations, if they prove that such non-performance was caused by force majeure, that is, events or circumstances really beyond the control of such Party, occurred after the conclusion of this Agreement, which have unforeseen and unavoidable character. Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, hazards and accidents at sea, embargoes, disasters, restrictions imposed by public authorities (including distributions, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.
11.2. A Party for which it has become impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances, as well as within 30 days (thirty) provide the other Party with proof of force majeure. Such proof will be a statement, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.
11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which the performance was postponed due to the listed circumstances.
11.4. If, due to force majeure circumstances, non-fulfillment of obligations under this Agreement lasts for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
11.5. Despite the occurrence of force majeure, before the termination of this Agreement due to force majeure, the Parties make final mutual settlements.
12.1. The information provided by the User is confidential. Information relating the User is used exclusively for the purpose of fulfilling his/her Order (sending a notification to the Seller about the Goods’ order, sending advertising messages, etc.).
12.2. By accepting the Agreement or registering on the Website (filling out the registration form), the User voluntarily consents to the collection and processing of his/her own personal data in accordance with the Privacy Policy, which is an integral part of the User Agreement.
12.4. In case of not wishing to receive the newsletter, the User has the right to contact the Seller by writing an application for refusal to receive advertising materials, sending it to the Seller’s postal address.
12.5. The Seller is not responsible for the content and faithful information provided by the User when placing an order. The User is responsible for the accuracy of the information provided when placing the order.
This Privacy Policy for personal information (hereinafter referred to as “Policy”) applies to all information that BIGTRADE LLC or Individual entrepreneur Dubovyk can receive about Users when they use the online store’s Service KIVI.UA and is an integral part of the User Agreement.
Using the Service, as well as creating a Profile on the Website, means that the User unconditionally agrees to this Policy and the terms of collecting and processing Personal information specified in it; in case of disagreement with these terms, the User must refrain from using the service.
1. Terms and definitions
1.1. Service is an online store KIVI.UA in accordance with the terms of the User Agreement.
1.2. Website is a site that provides access to the Service, located on the Internet at http://kivi.ua
1.3. Individual entrepreneur Dubovyk is an individual entrepreneur Dubovyk Denys Dmytrovych, RNOKPP (taxpayer identification number): 3344705695, acting on the basis of the extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations.
1.4. User Agreement is an agreement between the User and BIGTRADE LLC/Individual entrepreneur Dubovyk, which contains all the necessary and essential conditions for providing access to the Service and using the service by the User, an integral part of which is this Policy.
1.5. User is any legally capable individual, legal entity, individual entrepreneur, according to the current Ukrainian legislation, who visited the Website http://kivi.ua and intends to purchase a particular goods, and also agreed to the terms of the User Agreement and this Policy. The User guarantees that he/she is not a resident of a European Union country.
1.6. Profile is a user account that contains information about him/her.
2.1. Within the framework of this Policy, “Personal information” (for the purposes of this Policy, the term Personal information, unless otherwise follows directly from the provisions of the Policy, is synonymous with personal data, as defined in the legislative acts of Ukraine) is understood as:
2.1.1. Personal information that the User provides about himself/herself when creating a Profile and/or while using the Service, including last name, first name, patronymic, contact details (e-mail, phone number);
2.1.2. Standard data that is automatically received by the http/https-server when accessing the Website and further User’s actions (host IP address, user operating system type, Website pages visited by the User);
2.1.3. Information traffic between the user and the Individual entrepreneur Dubovyk, including commercial electronic messages and electronic messages related to the Service (for example, account confirmation, technical messages and security system information, etc.);
2.1.4. For the purposes of making payments and for the purpose of processing data on payments made by users, Individual entrepreneur Dubovyk may collect information about the User’s payment details, including, but not limited to, data on the very fact of making a payment made through third-party payment systems, as well as individual details of the payer;
2.1.5. Individual entrepreneur Dubovyk can collect and process data about User device IDs;
2.2. Individual entrepreneur Dubovyk should not verify the accuracy of Personal information provided by Users, and does not monitor the legal capacity of Users.
2.3. Individual entrepreneur Dubovyk assumes that the User:
2.3.1. provides reliable and sufficient Personal information, including on issues suggested in the Profile creation form, and keeps this information up-to-date;
2.3.2. has all the necessary rights that allow him/her to register and use the Website;
2.3.3. is acquainted with this Policy, agrees to it and assumes the rights and obligations set forth therein.
2.4. Relations associated with the collection, processing, storage, distribution and protection of Users information are regulated by this Policy, other local laws and regulations of Individual entrepreneur Dubovyk and the current legislation of Ukraine.
3.3. The purpose of this Policy is to ensure that Users’ information, including their personal data, is properly protected from unauthorized access and disclosure.
3.4. Individual entrepreneur Dubovyk processes Personal information in order to fulfill the Agreement between Individual entrepreneur Dubovyk and the User. In accordance with the provisions of Paragraph 4 of Article 2 of the law of Ukraine “On personal data protection” the User’s consent to the processing of his/her Personal information is provided when registering in the information telecommunications system of Individual entrepreneur Dubovyk Service by checking the box on the granting of permission to process his/her personal data in accordance with the stated purpose of their processing.
3.5. Individual entrepreneur Dubovyk strictly complies with the requirements of the legislation of Ukraine in the field of personal data protection. Individual entrepreneur Dubovyk guarantees that the Personal information collected by Individual entrepreneur Dubovyk is necessary and sufficient to achieve the collection and processing goals set out in this Policy.
3.6. Individual entrepreneur Dubovyk collects and processes Personal information for the following purposes:
3.6.1. Enabling Users to use the Website;
3.6.2. The purpose of processing the User’s personal data is to provide the latter with the opportunity to use the online store kivi.ua, conducting advertising campaigns, providing targeted advertising, statistical research practice and analysis of the obtained statistical data, performing other actions described in this Policy, the User Agreement and the relevant sections of the Website;
3.6.3. Communication with the User, including sending messages, requests, and information related to the Service using, as well as processing User’s requests;
3.6.4. Improving the quality of Service, usability of its use, developing new Services and other similar products;
3.6.5. Running advertising campaigns:
3.6.6. Providing targeted advertising;
3.6.7. Making purchases by Users;
3.6.8. Sending information (commercial electronic messages), including by e-mail, using Viber or Telegram services, as well as sending sms messages, making calls to the phone number specified in the questionnaire. Such mailings can be carried out both using the technical infrastructure (servers) of Individual entrepreneur Dubovyk, and third parties. In case of not wishing to receive the newsletter, the User has the right to contact Individual entrepreneur Dubovyk by writing an application for refusal to receive advertising materials, sending it both via postal address of Individual entrepreneur Dubovyk, and email address support@kivismart.com.
3.6.9. Conducting statistical and other studies, based on impersonal data.
3.7. The User agrees that Individual entrepreneur Dubovyk in the process of processing personal data has the right to perform the following actions with personal data: collection, systematization, accumulation, storage, use, transfer to third parties, including those outside Ukraine, destruction and other necessary actions for the purpose of implementing Policy and using the Website.
3.8. Individual entrepreneur Dubovyk may allow third parties, including publishers and advertising networks, to place ads on the Website. At the same time, Individual entrepreneur Dubovyk guarantees that if the specified persons place Cookies on the User’s computer, Personal information is not transferred. The User has the right to change the settings for accepting cookies in his/her browser settings independently at any time, or disable them completely.
3.9. The User agrees that the contact details provided by him/her during registration (including, but not limited to email, phone number, etc.) from the moment they are entered on the Website and confirmed will be automatically included in the system of newsletters mailing from Individual entrepreneur Dubovyk, including advertising and other information.
3.10. The User agrees to the obligation to immediately notify Individual entrepreneur Dubovyk of any security breach related to access to the Website, committed using the User’s credentials without his/her knowledge and consent. Individual entrepreneur Dubovyk does not assume responsibility for any consequences of a security breach, including loss or damage of data that occurred as a result of authorized access of third parties to the Website using the User’s username and password.
3.11. The User has the right to request from Individual entrepreneur Dubovyk personal data collected by Individual entrepreneur Dubovyk by writing an application for receiving such data, sending it both via the postal address of Individual entrepreneur Dubovyk, or via email address support@kivismart.com. The deadline for processing and responding to such a request is up to 30 (thirty) calendar days from the date of its receipt by Individual entrepreneur Dubovyk.
4.1. The User’s Personal information is collected by Individual entrepreneur Dubovyk during registration, as well as in the future when the User enters additional information about himself/herself on his own initiative.
4.2. Personal data and User information are stored exclusively on electronic media and processed using automated systems, except in cases where non-automated processing of personal data is necessary due to compliance with legal requirements.
4.3. Individual entrepreneur Dubovyk in the processing of Personal Information performs the following activities: collection, recording, systematization, accumulation, storage, clarification, retrieval, use, transfer, impersonalization, blocking, deletion, destruction of Personal Information and other activities solely for the purpose of executing the User Agreement, providing access to the Service.
4.4. Individual entrepreneur Dubovyk does not disclose or distribute Personal information to third parties without the consent of users (except in cases stipulated by the legislation of Ukraine). In addition, even with the User’s consent, Individual entrepreneur Dubovyk does not place Personal information on publicly available resources on the Internet, since such placement does not meet the purpose of collecting and processing Personal information. Individual entrepreneur Dubovyk guarantees that access to Personal information is not granted to a third party if the specified person refuses to assume obligations to ensure compliance with the requirements of the Law of Ukraine “On personal data protection” or cannot provide them. Under no circumstances shall Individual entrepreneur Dubovyk be liable for the results of the User’s independent providing Personal information about himself/herself for public access to an unrestricted number of people, including by posting this information on publicly available resources on the Internet. In any case, the User has the right to request information from Individual entrepreneur Dubovyk about the conditions for granting access to his/her personal data, in particular information about third parties to whom his personal data is transferred.
4.6. Individual entrepreneur Dubovyk applies reasonable and sufficient measures to protect Users’ Personal information from accidental loss or destruction, from illegal processing, including illegal destruction or access to personal data. At the same time, the User understands and agrees that the internet cannot provide absolute protection of information from threats that exist in it. The User hereby grants his or her unconditional and irrevocable consent to Individual entrepreneur Dubovyk to determine the adequate level of protection of personal data, methods and place (territory) of their storage.
4.7. The User accepts and agrees that Individual entrepreneur Dubovyk should under no circumstances be responsible for the loss and/or dissemination of personal data, if such loss and/or dissemination was the result of actions, due to fault or negligence, of third parties. Individual entrepreneur Dubovyk will provide the User with all reasonable assistance and favoring in protecting his/her rights and legitimate interests in legal proceedings with such third parties.
4.8. Processing of the User’s personal data is carried out by Individual entrepreneur Dubovyk from the moment of registration of the Profile and within 3 (three) years from the moment of deletion of the Profile by the User.
5.1. The User can change (update, supplement) the Personal information provided to them or part of it in his/her Profile at any time.
5.2. The User can also delete the Personal information provided by him/her during the creation of the Profile. At the same time, the User understands and agrees that such deletion may result in the inability of the online store kivi.ua to use it.
6.1. Individual entrepreneur Dubovyk takes technical and procedural and institutional measures to ensure the protection of the User’s personal data from illegal or accidental access to them, destruction, distortion, blocking, copying, dissemination, as well as from other illegal actions.
6.2. Individual entrepreneur Dubovyk takes the necessary and sufficient organizational and technical measures to protect Personal information from illegal or accidental access, destruction, distortion, blocking, copying, dissemination, as well as from other illegal actions with it by third parties. At the same time, in order to ensure the possibility of normal use of the Service, Individual entrepreneur Dubovyk can use the services of third parties. In no case will Individual entrepreneur Dubovyk be held liable for violations of the confidentiality of Personal information that occurred accidentally or as a result of illegal actions with it by third parties. The User is aware and understands that all Personal information provided by him/her at his/her own risk and his/her own personal responsibility, and in case of any illegal actions of third parties in relation to Personal information, the User agrees to claims and complaints directly against such persons.
7.1. By registering and using the Website and Service, the User agrees to the terms of this Policy.
7.2. If the User does not agree with the terms of this Policy, the use of the Website and the Service must be stopped immediately.
7.3. The user acknowledges and agrees that creating a Profile and continuing to use the Service means that the User unconditionally agrees to all the clauses of this Policy and unconditionally accepts its terms. The User’s continued use of the Service after any changes to this Policy constitutes his/her acceptance of such changes and/or additions. The User should regularly review the content of this Policy in order to get acquainted with its changes in a timely manner.
7.4. Individual entrepreneur Dubovyk has the right to make changes and/or additions to this Policy at any time without prior and/or further notification to the User. When making changes to the current version, the date of the last update is specified. The new version of the Policy comes into force from the moment it is posted, unless otherwise provided by the new version of the Policy. The current version is constantly available on the Website at: https://kivi.ua/storage/app/media/politika- konfidentsialnosti-kivi.ua.pdf.
7.5. The User independently tracks Policy changes and gets acquainted with the current version of the Policy. Continued use of the Service by the User after making changes and/or additions to this Policy means the User’s acceptance and agreement to such changes and/or additions.
8.1. The legislation of Ukraine applies to this Policy and relations between Users and Individual entrepreneur Dubovyk that arise in connection with the application of the Policy. All Users, without exception, have access to this Policy.
8.2. This Policy does not apply to the actions and internet resources of third parties. Individual entrepreneur Dubovyk is not liable for the actions of third parties who have obtained access to User information as a result of using the Internet or Services in accordance with the level of privacy chosen by the User.
This User agreement (hereinafter referred to as the “Agreement”/”User agreement”) regulates the procedure for using the Service of the online store of household goods kivi.ua by Users.
This Agreement is based on: the Constitution of Ukraine, the Civil and Commercial codes of Ukraine, the Laws of Ukraine “On electronic fiduciary services”, “On advertising”, “On electronic commerce”, “On electronic documents and electronic document management”, “On information protection in information telecommunications systems”, “On Telecommunications”, “On payment systems and money transfer in Ukraine”, “On personal data protection”, “On copyright and related rights”, “On the protection of rights to marks for goods and services”, international agreements of Ukraine, the consent to the binding of which is provided by the Verkhovna Rada of Ukraine, and on other Laws and Regulations.
1.1. Service is an online store of household goods KIVI.UA
1.2. Website is a site that provides access to the Service, located on the Internet at http://kivi.ua
1.3. Individual entrepreneur Dubovyk is an individual entrepreneur Dubovyk Denys Dmytrovych, RNOKPP (taxpayer identification number): 3344705695, acting on the basis of the extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations.
1.4. User is any legally capable individual, legal entity, individual entrepreneur, according to the current Ukrainian legislation, who visited the Website http://kivi.ua and intends to purchase particular goods, and also agreed to the terms of the User Agreement and integral appendices thereto. The User guarantees that he/she is not a resident of a European Union country.
1.5. Profile is the User’s account.
1.6. Agreement is the text of this agreement between the User and Individual entrepreneur Dubovyk, containing all the necessary and essential terms of the User’s use of the Service and intellectual property, restrictions, terms of suspension and termination of the use of the Service, liability of the Parties, other relations of the Parties related to the use of the Service.
1.7. Parties are the parties to this Agreement.
1.8. Intellectual property are the results of intellectual, creative activity: copyright items, items of industrial property rights, means of identification, including, but not limited to: trademarks, know-how, brand (commercial) names, inventions, utility models, industrial designs, program code, audiovisual effects, design themes, artistic design, graphic images, sound effects, musical works (with and without text), both registered and unregistered, as well as all applications, additions and modifications to them, titles in intellectual property of which belong to BIGTRADE LLC.
1.9. One-time ID is an alphanumeric sequence received by the User who has accepted an offer to conclude an electronic agreement by registering with the Service. The one-time identifier is transmitted by the means of communication specified by the User during registration and is attached (included) to the electronic message from the person who accepted the offer to conclude the agreement;
1.10. This Agreement shall be interpreted in accordance with the following general guidelines:
1.10.1. unless otherwise required by context, all terms capitalized in this Agreement shall be used in the meaning assigned to them in this Agreement;
2.1. This Agreement applies to all Users of the Service, regardless of the purpose of its use. The agreement applies to Users from the moment of registration in the Service. When registering, the User is sent a one-time ID, which must be entered next to the “Register” button. Clicking the “Register” button means that the User gives his/her full and unconditional consent to this Agreement. In case of disagreement with the Agreement, the User undertakes to immediately stop using the Service.
2.2. The current version of the Agreement is permanently posted on the Internet https://kivi.ua/storage/app/media/politika-konfidentsialnosti-kivi.ua.pdf. Individual entrepreneur Dubovyk reserves the right to change or amend this Agreement at any time without prior or further notice. The user independently tracks amendments to the Agreement and gets acquainted with the current version of the Agreement. Continued use of the Service by the User after making amendments and/or supplements to this Agreement means the User’s acceptance and agreement to such amendments and/or supplements.
3.1. To access the Service, the user registers his/her Profile in the Service. The User guarantees the reliability and accuracy of the data specified during registration, while Individual entrepreneur Dubovyk does not verify the information provided by the latter, and the User is liable for violating the terms of this clause.
3.2. When registering a Profile, the User specifies the following information:
3.4. The User gives Individual entrepreneur Dubovyk consent to the processing of the information and personal data provided by him/her for the purposes specified in this Agreement and Privacy Policy.
3.5. When registering, the User enters the User’s name independently (hereinafter referred to as "login") and password. If the User has forgotten his/her password, the User can go through the password recovery procedure.
3.6. The User is fully liable for the security of the username and password chosen by him/her, in particular for the lack of access to them by third parties. All actions in the Service performed under the User profile are considered to have been performed by the User.
3.7. Registration of a User in the information system of Individual entrepreneur Dubovyk means his/her consent to the use and processing of his/her personal data and performing other actions provided for by the Law of Ukraine “On Protection of Personal Data”.
4.1. Individual entrepreneur Dubovyk provides Users with access to the Service on the Internet with the necessary level of access security and maintenance breaks.
4.2. The User agrees to the obligation to immediately notify Individual entrepreneur Dubovyk of any security breach related to access to the Service and/or committed using the User’s username and password without his/her knowledge and consent. Individual entrepreneur Dubovyk does not assume responsibility for any consequences of a security breach, including loss or damage of data that occurred as a result of third parties’ access to the Service using the User’s login and password.
4.3. Individual entrepreneur Dubovyk provides automated password recovery tools. At the same time, Individual entrepreneur Dubovyk reserves the right to restrict the use of these tools, as well as temporarily or completely discontinue their work. Individual entrepreneur Dubovyk shall not be liable for loss of information for access to the Service, carried out through the fault of the User, as well as for any consequences that may arise as a result thereof.
4.4. The User agrees with the right of Individual entrepreneur Dubovyk to prohibit the use of certain logins and block access to the Service using them.
4.5. The User undertakes to comply with the terms of this Agreement and agrees that Individual entrepreneur Dubovyk has the right, at its sole discretion and without special notice or warning, to restrict the User’s access to the Service due to violation of the terms of this Agreement.
4.6. Individual entrepreneur Dubovyk reserves the right, but is not obliged, to moderate all materials posted by Users on the Website, that is, to monitor the content of these materials and, if necessary, at its sole discretion, without warning or explanation of reasons, delete or transfer them. Individual entrepreneur Dubovyk does not assume responsibility for any consequences of actions committed under the moderation procedure.
4.7. The user agrees that Individual entrepreneur Dubovyk has the right, at its sole discretion and without prior or further notification to the User and explanation of reasons, to restrict or block access to the Service or to take other measures against a User who has violated the terms of this Agreement, or the statutory regulations of current legislation, or the rights of third parties protected by law in the event of a reasoned complaint received from them.
4.8. Unless otherwise expressly provided for by the mandatory provisions of the current legislation of Ukraine, if the User violates the terms of the Agreement, Individual entrepreneur Dubovyk has the right to take measures necessary to protect these terms and its interests, regardless of the statute of limitations for these violations. Thus, inactivity on the part of Individual entrepreneur Dubovyk when the Users violated the terms of the Agreement does not deprive Individual entrepreneur Dubovyk of the right to take actions necessary to protect its interests in the future and does not indicate the failure of Individual entrepreneur Dubovyk to exercise its rights when similar violations take place in the future.
5.1. All materials presented in the Service are the intellectual property of BIGTRADE LLC (or provided by BIGTRADE LLC under license agreements) and are protected in accordance with the provisions of the intellectual property legislation of Ukraine.
5.2. In accordance with the terms of this Agreement, BIGTRADE LLC hereby grants the User a non-exclusive, without the right to transfer and without the right to issue sublicenses, limited license to use intellectual property for personal non-commercial use. The rights to use intellectual property granted under this Agreement are subject to the user’s compliance with this Agreement. The User hereby acknowledges that there is no transfer or assignment of intellectual property rights under this Agreement, and this Agreement cannot be interpreted as transfer (alienation) and/or assignment of any intellectual property rights.
5.3. The validity period of the license under this Agreement begins at the moment when the User accepts this Agreement by clicking the “Register” button, and ends on one of the following dates, whichever comes first: the date when the User deletes the Profile or the date when this Agreement is terminated. The license expires immediately if the User attempts to circumvent any technical means of protection used in connection with the operation of the Service, or otherwise uses intellectual property or the Service in violation of the rules established by this Agreement.
5.4. BIGTRADE LLC reserves all rights, ownership rights and exclusive titles in intellectual property to intellectual property owned by BIGTRADE LLC, including, among other things, all copyrights, trademark rights, know-how, brand (commercial) names, real rights, patents, program code, audiovisual effects, design themes, artistic design, graphic images, sound effects, musical works both registered and unregistered, as well as all appendices and supplements and modifications to them. Unless otherwise expressly permitted by the terms defined by the provisions of Ukrainian law, intellectual property may not be copied, reproduced or distributed in any way on any media, in whole or in part, without the prior written consent of BIGTRADE LLC. All rights not expressly granted to the User under this Agreement are reserved by BIGTRADE LLC.
5.6. The User is liable in case of violation of the intellectual property rights of third parties, in particular copyright and related rights, as well as exclusive rights to an invention, utility model, industrial design or trademark.
5.7. On the website pages, the User has the right to publish only those comments (including the Profile picture, the text of the comment and the attached photo) that do not violate the current legislation and/or the rights of third parties. If such a work is subject to copyright or includes it, the User guarantees that he/she has the right to such use. By publishing the specified items, the User grants BIGTRADE LLC the right to use them without restrictions on the territory and term by reproduction, distribution, translation, publicly performance, publicly demonstration, broadcasting and cable broadcasting, making public in such a way that its representatives can access the specified items from any place and at any time of their own choice.
5.8. BIGTRADE LLC reserves the right to block any information posted by the User that violates the intellectual, exclusive and/or personal non-property rights of third parties, including copyright and related rights, at the request of the copyright holder or without it.
6.1. Individual entrepreneur Dubovyk, in order to comply with the provisions of this Agreement and provide Users with access to the Service, processes their personal data in accordance with the provisions of the Privacy Policy, which is an integral part of this Agreement.
7.1. Purchase of goods through an online store kivi.ua is carried out in accordance with the provisions of the Public Offer Agreement for the purchase of goods through the online store, which is an integral part of this Agreement.
8.1. The User is prohibited from:
8.1.1. Upload, post, transmit through the website’s software tools, and/or any other way of publishing texts, programs, images or materials that promote terrorist activities, or incite ethnic, racial or religious hatred, and reflect or promote violence or death, containing a description or image of causing harm to minors in any form, including any form of pornography;
8.1.2. Upload, post, transmit through the software tools of the Service, or any other method of publishing texts, programs, images or materials containing obscene materials and information, in any form that encourages illegal actions, including gambling, illegal sale of weapons or drugs;
8.1.3. Commit or allow the commission of criminal or destructive acts prosecuted in accordance with the legislation of Ukraine;
8.1.4. Upload, store, use or transmit any advertising information, description of fraudulent schemes, network marketing (MLM) schemes, earning systems on the Internet, etc.;
8.1.5. Upload, store, use or transmit any information that violates the intellectual property rights of third parties;
8.1.6. To take on a different person or representative of the institution and/or community, and mislead other Users;
8.1.7. Collect and store information about other users outside the Service in manual or automated mode;
8.1.8. In any way to hinder the operation of the Service, including the creation, distribution or use of computer programs or other computer information intended for unauthorized destruction, blocking, modification, copying of computer information or neutralization of Computer Information Protection tools, as well as intended to disrupt, destroy or restrict the functionality of any computer or telecommunications equipment or programs (computer viruses) for unauthorized access, as well as serial numbers for commercial software products and programs for generating them, logins, passwords and other means for obtaining unauthorized access to the Service, as well as placing links to the above information.
8.2. By using the Service, the User undertakes not to violate its information security, namely, not to perform such actions:
8.2.1. not to attempt to check the vulnerability of the Service’s security systems, do not violate the registration procedures in the Service;
8.2.2. not to attempt to create obstacles in using the Service by other Users, including the spread of computer viruses, data corruption, constant sending of repetitive information, simultaneous sending of a large number of e-mail and/or requests to the Service in order to intentionally disable the site Server, and other actions that go beyond the normal intended use of the Service, and may intentionally or by inadvertency cause failures in its operation;
8.2.3. not to send Users of the Service materials for receiving thereof they did not give their consent, “spam”, any emails and advertising without the permission of Individual entrepreneur Dubovyk;
8.2.4. not to simulate and/or fake any TCP/IP packet header or any part of the header in any email or material posted on the Service;
8.2.5. not to use or attempt to use any software or procedures for navigation or search in the Service other than the built-in search engine and traditional and public browsers.
8.3. Violation of the provisions of clauses 8.1-8.3 of this Agreement is the basis for unilateral refusal of BIGTRADE LLC/Individual entrepreneur Dubovyk from its further implementation.
9.1. Individual entrepreneur Dubovyk is not responsible in case of direct or indirect financial or other losses of Users caused by temporary interruptions in the Service for the following reasons: scheduled or unscheduled technical and preventive work, technical failures of internet service providers, computer networks, servers and facilities, as well as illegal actions of third parties, intentional, unintentional (including careless) actions of the User himself and/or force majeure. At the same time, Individual entrepreneur Dubovyk undertakes to make every effort to restore the Service’s functionality in the shortest possible time.
9.2. Individual entrepreneur Dubovyk is under no circumstances responsible for infringement of intellectual property rights of third parties, if such violation was caused by the creation, uploading, posting, copying or modification of information, materials or images in the Service performed by Users of the Service.
9.3. Individual entrepreneur Dubovyk under no circumstances is responsible for violation of the requirements of the legislation regulating the procedure for processing personal data, if such violation occurred as a result of violation by Users or Third parties to whom, with the consent of the User and/or his legal representative, personal data was transferred, the requirements of the legislation and the terms of this Agreement.
9.4. This limitation of liability should be applied to the maximum extent permitted by law. This limitation of liability does not apply exclusively in cases where any specific condition of limitation of liability is expressly prohibited by the conditions defined by law. At the same time, the remaining provisions of this Agreement remain valid and the Parties undertake to implement them to the greatest extent possible, as well as to replace provisions that contradict the mandatory provisions of the current legislation with provisions that are as close as possible to them in meaning and permissible under the law that applies to this Agreement.
9.5. Under no circumstances will Individual entrepreneur Dubovyk be liable for all losses (except for the cases stipulated by the legislation), exceeding the actual price paid by the User for using the Service, or 1000 (one thousand) Hryvnia, depending on which amount is less.
10.1. The service, including its additional features, is provided to the user "as is", with all defects, without any warranty, without providing technical characteristics or any guaranties, and its use by the User is performed solely at his/her own risk. The entire risk associated with satisfactory quality and performance shall be borne by the User. Individual entrepreneur Dubovyk does not give and hereby waives any express, implied or Statutory warranties, including possible guarantees of the condition, uninterrupted use, accuracy of data, achievement of certain results, suitability for sale, satisfactory quality, suitability for a specific purpose, non-infringement of the rights of third parties, as well as guarantees (if any) arising from the normal practice of conducting business operations, the use of business custom, good business practices. Individual entrepreneur Dubovyk does not guarantee: that there will be no malfunctions when the User uses the Service; that the Service will meet the requirements, that the operation of the Service will be uninterrupted or error-free, that the Service will interact or be compatible with any other Services of Individual entrepreneur Dubovyk, or that any errors in the Service will be corrected. If the current legislation does not allow the exclusion or restriction of warranties or the application of restrictions on consumer rights provided for by law, the above exceptions and restrictions are applicable to the maximum extent permitted by law.
10.2. The warranties specified in clause 10.1 of this Agreement are an essential condition that determines the interest of Individual entrepreneur Dubovyk to enter this Agreement.
11.1. Individual entrepreneur Dubovyk reserves the right to immediately restrict or block access to the Service or take other measures against a User who has violated the terms of this Agreement without prior notice to the User.
11.2. By registering in the Service, the User confirms his/her consent to all the provisions of the Agreement, as well as his/her compliance with all the conditions stipulated in the registration forms and necessary for successful registration.
11.3. This Agreement may be terminated by Individual entrepreneur Dubovyk unilaterally, if the user violates its terms and conditions. In this case, the User must immediately stop accessing the Service and using intellectual property.
11.4. Individual entrepreneur Dubovyk reserves the right, at its sole discretion, to change, correct, add or remove parts of this Agreement by posting an updated version of the Agreement at: https://kivi.ua/storage/app/media/politika-konfidentsialnosti-kivi.ua.pdf. Continued use of the Service by the User after making amendments and/or supplements to this Agreement means the User’s acceptance and agreement to such amendments and/or supplements.
11.5. If any provision of this Agreement is held by a court to be invalid, the Parties, notwithstanding, shall endeavor to give effect to the intent of the Parties as set forth in this Agreement, and the other provisions of the Agreement shall remain in full force and effect.
11.6. Disputes between Individual entrepreneur Dubovyk and Users are resolved through negotiations, and if such settlement is impossible in court in accordance with the legislation of Ukraine.
11.7. Relations between the parties under this Agreement are regulated by the legislation of Ukraine.
11.8. The parties do not have any accompanying oral and/or written agreements. The content of the text of this Agreement fully corresponds to the actual will of the Parties.
Individual entrepreneur Denys Dubovyk, RNOKPP (taxpayer identification number): 3344705695, which acts on the basis of an extract from the Unified Register of Legal Entities, Individual Entrepreneurs and Public Organizations (hereinafter referred to as “Seller”), as the First Party, and any person who has ever accessed the site http://kivi.ua (hereinafter referred to as “Website”) and has reached the age allowed for acceptance of this Agreement, and has received (accepted) this offer (hereinafter referred to as “User”), as the Second Party, and together in the future referred to as “Parties”, have concluded this public offer agreement to purchase goods via the online store (hereinafter referred to as “Agreement”) is addressed to an unlimited number of persons, which is an official public offer of the Seller, to conclude an Agreement with Users, images and information about which are posted in the corresponding section of the Website.
1.1. Public offer agreement is a public agreement, a sample of which is posted on the website: http://kivi.ua containing the Seller’s offer to purchase the goods, the image of which is posted on the Seller’s Website, sent to an indefinite circle of persons, including Users.
1.2. Acceptance is the User’s acceptance of the Seller’s offer to purchase Goods, the image of which is posted on the Seller’s Website, by adding it to the virtual shopping cart and sending the Order.
1.3. User is any legally capable individual, legal entity or individual entrepreneur in accordance with the current legislation of Ukraine who has visited the Website http://kivi.ua, agreed to the terms of the User Agreement, and intends to purchase particular goods that is offered for sale by the Seller. The User guarantees that he/she is not a resident of a European Union country.
1.4. Seller is a Individual entrepreneur Denys Dubovyk, RNOKPP (taxpayer identification number): 3344705695, which acts on the basis of an extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations, and distributes goods using the Website http://kivi.ua.
1.5. Order is a properly executed and posted on the Seller’s Website User’s request for the purchase of Goods, addressed to the Seller.
1.6. Legislation is the current legislation of Ukraine, which can be applied to legal relations regarding the performance and/or arising from the performance of the obligations described in this Agreement.
1.7. Goods are products that are offered by the Seller for sale to Users under the terms of the Agreement and information about which is posted on the Seller’s Website.
1.8. A significant drawback of the goods is a defect that makes it impossible or unacceptable to use the goods in accordance with its intended purpose, arose due to the fault of the manufacturer and/or Seller, and after its elimination manifests itself again for reasons beyond the control of the consumer.
2.1. The User must read this Agreement in its entirety before registering on the Website. User registration on the Website means that the User fully and unconditionally accepts this Agreement. In case of disagreement with the terms and conditions of the Agreement, the use of the Website by the User shall be immediately suspended.
2.2. The Seller and Users, when purchasing goods, images and information thereof are posted on the corresponding pages of the Website, accept the terms of this Agreement.
2.3. Contractual relations between the Seller and the User are executed in the form of a Public Offer Agreement. Implicative actions in the form of clicking the “CONFIRM ORDER” button in the internet resource on the Order processing page means that the User, regardless of the status (individual, legal entity, individual entrepreneur), according to the current legislation of Ukraine, has accepted the terms of the Public Offer Agreement specified in this Agreement.
2.4. The Parties to this Agreement have agreed that if the User is a foreigner, a stateless person or a foreign legal entity, as well as if the legal relationship under this Agreement is complicated by another foreign element, the substantive and procedural law of Ukraine applies to these legal relations.
2.5. The Public Offer Agreement is public, that is, in accordance with the provisions of articles 633 and 641 of the Civil Code of Ukraine its terms are the same for all users, regardless of their legal status (individual, legal entity, individual entrepreneur). In case of full agreement with this Agreement, the User accepts the terms and procedure for ordering, payment and delivery of goods by the Seller, liability for an unfair Order and for non-fulfillment of the terms of this Agreement.
2.6. This Agreement shall be deemed entered into force from the moment the User clicks on the “CONFIRM PURCHASE ORDER” button, by which the Buyer agrees to purchase the Goods available from the Seller and shall remain in force until the User receives the Goods from the Seller and pays the full amount of the Seller’s invoice.
2.7. The Seller and Users, when purchasing goods, images and information thereof are posted on the corresponding pages of the Website, accept the terms of this Agreement as follows.
3.1. The Seller undertakes, on the terms and in accordance with the procedure defined in this Agreement, to transfer the Goods to ownership on the basis of an Order placed by the User on the corresponding page of the Website, and the User undertakes, on the terms and in accordance with the procedure defined in this Agreement, to accept the Goods and pay for them.
3.2. The Seller guarantees that the Goods are not deposited as a pledge, are not the subject of a dispute, are free from attachment, and there are no rights of third parties to it.
3.3. The Seller and User acknowledge that the current Agreement is not a sham or imaginary agreement or an agreement entered into under duress or fraud.
3.4. The Seller confirms that it has all the necessary permits to carry out economic activities that regulate the scope of legal relations arising and operating in the course of the performance of this Agreement, and also guarantees that it has the right to sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine.
4.1. The seller must:
4.1.1. Comply with the terms of this Agreement;
4.1.2. Within one day from the moment of the User’s order (acceptance), confirm receipt of such acceptance;
4.1.3. Fulfil the User’s order if payment is received from the User;
4.1.4. Transfer the Goods to the User according to the selected sample on the corresponding page of the Website, the Order placed and the terms of this Agreement;
4.1.5. Check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse.
4.1.6. Provide the User with a document (electronic document) certifying the fact of making a transaction.
4.2. The seller has the right to:
4.2.1. Unilaterally suspend the performance of the Agreement if the User violates the terms of this Agreement.
5.1. The User must:
5.1.1. Register an account on the Website;
5.1.2. The account must be logged in at the time of each order placed in the Seller’s information system. Such identification is equivalent to the User’s electronic signature.
5.1.3. Pay for and receive the Order in a timely manner under the terms of this Agreement;
5.1.4. Get acquainted with the goods information posted on the Seller’s website;
5.1.5. Please check the Goods information by phone or email before placing an Order;
5.1.6. Upon receipt of the Goods from the person who delivered them, make sure that the Goods are intact and complete by examining the contents of the package. In case of detection of damage or incomplete configuration of the goods should be recorded in the Act, which together with the User must be signed by the person who delivered it to the User;
5.2. The User has the right to:
5.2.1. Place an order on the corresponding page of the Website;
5.2.4. Require the Seller to fulfill the terms of this Agreement.
5.2.5. Upon request, sent to the Seller’s email address, has the right to receive a copy of this Agreement in writing.
6.1. The User independently places an Order on the corresponding page of the Website by adding products to the virtual shopping cart by clicking the "Add to shopping cart" button, or by placing an order by email or by calling the phone number specified in the Contacts section of the Website.
6.2. The order formation period is up to 5 (five) business days from the moment of its registration. If the Order is sent on a weekend, holiday, or non-business day, the formation period starts from the first business day after the weekend.
6.3. The characteristics of the Goods, its appearance and completeness can be changed by the manufacturer without the Seller notifying the User in advance, so before placing an Order, the User must clarify information about the Goods by phone or email.
7.1. The price of each individual piece of Goods is determined by the Seller in UAH and is indicated on the corresponding page of the Website. The Contract price is determined by adding the prices of all selected goods placed in the virtual cart and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Agreement.
7.2. The Order price may vary depending on the price, quantity, or nomenclature of goods.
7.3. The User can pay for the Order in the following ways:
7.3.1. By bank transfer of money to the Seller’s current account specified in the invoice, including via Internet banking (the User pays for the Order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
7.3.2. In any other way by agreement with the Seller.
8.1. The User receives the Goods via delivery, or receives it in person. The payment and receipt procedure is indicated on the corresponding page of the Website.
8.2. When Goods are delivered to other cities of Ukraine, which is performed by other delivery services (hereinafter referred to as “Carrier companies”) the User fully and unconditionally agrees to the Rules of cargo transportation and processing of personal data by these Carrier companies.
8.3. The Seller’s obligation to transfer the goods to the User is considered fulfilled at the time of delivery of the goods to the carrier.
8.4. The fact of receipt of the goods and the absence of complaints about the quality of the goods delivered by the Carrier companies, the User confirms with his own signature in the bill of lading, declaration of the Carrier company, or in the goods delivery note upon receipt of the goods. For its part, the Seller guarantees the shipment of the goods to the Carrier company in the quantity specified and paid for by the User, in completeness according to the specification of these goods and in proper (working) condition and quality.
8.5. If the User is absent from the delivery address specified by the User in the application or the User refuses to receive the goods for an unjustified reason, the goods are returned to the shipment center when delivered by the courier of the Carrier company. Payment for the services of the Carrier company is deducted from the amount transferred by the User for the Goods. The remaining amount is returned to the User based on his letter sent to email address d.dubovyk@kivismart.com indicating the current account to which the funds should be returned.
8.6. Delivery of Goods to the User is carried out within 4 days (four) business days from the moment of placing the order. If the order was placed by the User on a weekend, holiday, or other non- business day, the corresponding deadline will be stared from the first business day following one of these days. However, the delivery time may be extended by the Carrier company for reasons beyond the Seller’s control.
8.7. All questions that arise during the payment and receipt of Goods, the User can find out by using the contact details in the Contacts section.
9.1. When receiving Goods at the carrier’s warehouse, from a courier or Seller, the User is obliged to check the external integrity of the package, then open it and directly verify the proper external condition of the Goods (no mechanical damage) and its full completeness.
9.2. If there is at least one of the listed shortcomings, the User is obliged to record it in the drawn-up report of any form. The report must be signed by the User and the person who delivered the Goods or a representative of the Seller. If possible, shortcomings should be recorded by means of photo or video recording. Without fulfilling the conditions defined in this clause, the User’s claims and requirements for replacing damaged Goods by the Seller are not considered.
9.3. Within 2 days (two) business days, the User is obliged to inform the manager (representative of the seller responsible for placing an order for the Goods) about the identified shortcomings and agree on the replacement of the Goods, based on his letter sent to the email address support@kivismart.com. The User undertakes to send the Goods to the Seller within 3 days (three) business days from the date of agreement on the replacement of the Goods.
9.4. If the Goods have not been used and if their commercial appearance, consumer properties, seals, labels, as well as the settlement document issued to the User together with the Goods sold are preserved, the User has the right to terminate the Agreement by notifying the Seller about it within fourteen days from the date of receipt of the Goods, unless otherwise provided by the terms of the Agreement. The User is obliged to return such Goods through an Authorized Service Center of the KIVI group of companies, by contacting the KIVI Contact Center (0 800 606 600).
9.5. Funds paid for the goods are returned to the User on the day of termination of the Agreement (but not earlier than the day of receipt of the returned Goods by the Seller), and if it is impossible to return the money on the day of termination of the Agreement – at another time by agreement of the parties, but not later than within 30 days (thirty) calendar days from the date of receipt of the returned Goods by the Seller.
9.6. If payment for the Goods was made by the User using a Visa or MasterCard payment card via a payment terminal or the Internet, the Seller will refund the funds paid for such Goods exclusively to the corresponding Visa or MasterCard payment card.
9.7. The parties agreed that in case of non-compliance with the mandatory requirements of this procedure, the User is considered as one that received the Goods in proper condition - without any mechanical damage and in full completeness.
9.8. If the User submits complaints about the improper quality of the Goods, such Goods are sent to the Service center at the Seller’s expense. If the results of diagnostics performed by the Service Center do not reveal signs of quality violation of the corresponding Goods, such Goods are sent to the User at the expense of the latter.
10.1. The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the procedure provided for in this Agreement and the current legislation of Ukraine.
10.2. In the event of disputes related to the Parties’ performance of this Agreement, with the exception of disputes concerning receivable collection from the User, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. Term of consideration of the claim – 7 (seven) business days from the date of its receipt.
10.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those related to its performance, violation, termination or invalidity, are subject to resolution in the relevant court in accordance with the substantive and procedural law of Ukraine.
11.1. The parties are not liable for non-performance of any of their obligations, except for payment obligations, if they prove that such non-performance was caused by force majeure, that is, events or circumstances really beyond the control of such Party, occurred after the conclusion of this Agreement, which have unforeseen and unavoidable character. Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, hazards and accidents at sea, embargoes, disasters, restrictions imposed by public authorities (including distributions, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.
11.2. A Party for which it has become impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances, as well as within 30 days (thirty) provide the other Party with proof of force majeure. Such proof will be a statement, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.
11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which the performance was postponed due to the listed circumstances.
11.4. If, due to force majeure circumstances, non-fulfillment of obligations under this Agreement lasts for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
11.5. Despite the occurrence of force majeure, before the termination of this Agreement due to force majeure, the Parties make final mutual settlements.
12.1. The information provided by the User is confidential. Information relating the User is used exclusively for the purpose of fulfilling his/her Order (sending a notification to the Seller about the Goods’ order, sending advertising messages, etc.).
12.2. By accepting the Agreement or registering on the Website (filling out the registration form), the User voluntarily consents to the collection and processing of his/her own personal data in accordance with the Privacy Policy, which is an integral part of the User Agreement.
12.4. In case of not wishing to receive the newsletter, the User has the right to contact the Seller by writing an application for refusal to receive advertising materials, sending it to the Seller’s postal address.
12.5. The Seller is not responsible for the content and faithful information provided by the User when placing an order. The User is responsible for the accuracy of the information provided when placing the order.
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