This agreement is a public offer by the Seller to conclude a contract of sale for the Goods presented on the website kuko.com.ua. This contract is a public contract, which means, in accordance with Article 633 of the Civil Code of Ukraine, that its terms are the same for all buyers regardless of their status (individual, legal entity, sole proprietor) and do not grant any buyer a preference over another. By entering into this Contract, the Buyer fully accepts the terms and procedure for placing an order, paying for the Goods, delivering the Goods, returning the Goods, liability for bad-faith orders and all other conditions of the contract. The Contract is considered concluded from the moment the Buyer clicks the “Confirm Order” button on the checkout page in the “Cart” section and receives an order confirmation from the Seller by e-mail.
1. Definition of terms
1.1. Public offer (hereinafter – the “Offer”) means the Seller’s public proposal addressed to an indefinite number of persons to conclude a distance sales contract (hereinafter – the “Contract”) with the Seller on the terms set out in this Offer.
1.2. Goods or Service means the subject of the transaction between the Parties, selected by the Buyer on the website of the Online Store and placed in the cart, or already purchased by the Buyer from the Seller by distance means.
1.3. Online Store means the Seller’s website at www.kuko.com.ua, intended for concluding retail and wholesale sales contracts on the basis of the Buyer’s familiarization with the description of the Goods offered by the Seller via the Internet.
1.4. Buyer means a legally capable individual who has reached the age of 18 and who receives information from the Seller, places an order to purchase Goods presented on the Online Store website for purposes not related to engaging in entrepreneurial activity, or a legal entity or sole proprietor.
1.5. Seller means Private Entrepreneur (FOP) Chernetskyi Oleksandr Mykolaiovych, Unified State Register code 3166815273.
2. Subject of the Contract
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Contract.
2.2. The date of conclusion of the Contract-Offer (acceptance of the Offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract shall be the date on which the Buyer completes the order form placed on the Online Store website, provided that the Buyer receives an order confirmation from the Seller by e-mail. If necessary, at the Buyer’s request, the Contract may be executed in writing.
3. Placing an Order
3.1. The Buyer independently places an order in the Online Store using the “Cart” form, or by placing an order via e-mail or by phone number specified in the “Contacts” section of the Online Store.
3.2. The Seller has the right to refuse to transfer an order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts about its validity.
3.3. When placing an order on the Online Store website, the Buyer must provide the following mandatory information required by the Seller to fulfil the order:
3.3.1. Buyer’s surname and first name;
3.3.2. Address to which the Goods must be delivered (if delivery is to the Buyer’s address);
3.3.3. Contact telephone number;
3.3.4. Identification code for a legal entity or sole proprietor.
3.4. The name, quantity, item (article) number and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the Online Store website.
3.5. If either Party to the Contract needs additional information, it has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller shall not be liable for providing a proper service to the Buyer when purchasing Goods in the Online Store.
3.6. When placing an order through the Seller’s operator (clause 3.1 of this Offer), the Buyer must provide the information specified in clauses 3.3 – 3.4 of this Offer.
3.7. The Buyer’s acceptance of the terms of this Offer is carried out by entering the relevant data into the registration form on the Online Store website or when placing an Order via the operator. After the Order is placed via the operator, the Buyer’s data are entered into the Seller’s database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By entering into the Contract, i.e. by accepting the terms of this offer (the proposed terms of purchase of the Goods) by placing an Order, the Buyer confirms the following:
a) the Buyer has fully familiarized himself/herself with and agrees to the terms of this offer (Offer);
b) the Buyer grants permission for the collection, processing and transfer of his/her personal data, and such permission for the processing of personal data is valid for the entire term of this Contract as well as for an unlimited period after its expiry. By entering into this Contract, the Buyer also confirms that he/she has been informed (without the need for additional notification) of the rights established by the Law of Ukraine “On Personal Data Protection”, of the purposes of data collection, and that his/her personal data are transferred to the Seller for the purpose of fulfilling this Contract, carrying out settlements between the Parties and obtaining invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his/her personal data to third parties without any additional notifications to the Buyer in order to fulfil the Buyer’s Order. The Buyer is aware of and understands the scope of his/her rights as a personal data subject under the Law of Ukraine “On Personal Data Protection”.
4. Price and Delivery of Goods
4.1. Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices for Goods and services indicated on the website are specified in Ukrainian hryvnia (UAH) WITHOUT VAT.
4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a unit of Goods that has been fully paid for by the Buyer may not be changed by the Seller unilaterally.
4.3. The price of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods shall be paid by the Buyer in accordance with the current tariffs of courier/delivery services directly to the delivery service selected by the Buyer.
4.4. The price of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer’s address.
4.5. The Seller may indicate an approximate cost of delivery of the Goods to the Buyer’s address when the Buyer makes the appropriate request to the Seller by sending an e-mail or when placing an order through the Online Store operator.
4.6. The Buyer’s obligations to pay for the Goods are deemed fulfilled from the moment the funds are credited to the Seller’s account.
4.7. Settlements between the Seller and the Buyer for the Goods shall be carried out by the methods specified on the Online Store website in the “Payment and Delivery” section.
4.8. Upon receipt of the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods with the quality and quantity characteristics (name of the Goods, quantity, completeness, shelf life).
4.9. The Buyer or his/her representative, upon acceptance of the Goods, confirms by his/her signature on the sales receipt, order or consignment note that he/she has no claims regarding the quantity of the Goods, their appearance and completeness.
4.10. The right of ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or his/her representative from the moment the Buyer receives the Goods in the city of delivery in the case of self-pickup from the Seller, or from the moment the Seller hands over the Goods to the delivery service (carrier) chosen by the Buyer.
5. Rights and obligations of the Parties
5.1. The Seller shall:
5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Contract and the Buyer’s order.
5.1.2. Not disclose any confidential information about the Buyer and not provide access to such information to third parties, except as provided by law and necessary for fulfilling the Buyer’s Order.
5.2. The Seller has the right to:
5.2.1. Change the terms of this Contract as well as prices for Goods and services unilaterally by posting them on the Online Store website. All changes shall take effect from the moment they are published.
5.3. The Buyer shall:
5.3.1. Before concluding the Contract, familiarize himself/herself with the contents of the Contract, its terms and the prices offered by the Seller on the Online Store website.
5.3.2. For the purpose of proper performance by the Seller of its obligations to the Buyer, provide all necessary data that clearly identify him/her as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return to the Seller non-food Goods of proper quality if the Goods do not satisfy him/her in terms of shape, dimensions, style, color, size or for other reasons cannot be used as intended. The Buyer has the right to return Goods of proper quality within 14 (fourteen) days, not including the day of purchase. Return of Goods of proper quality is possible provided that they have not been used and their trade dress, consumer properties, packaging, seals, labels and the settlement document issued to the Buyer for payment of the Goods have been preserved. The list of Goods that cannot be returned on the grounds specified in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund of the price of Goods of proper quality to the Buyer is made within 7 (seven) calendar days from the date the Seller receives such Goods, subject to compliance with the requirements of clause 6.1 of the Contract and the applicable legislation of Ukraine.
6.3. The price of the Goods shall be refunded by bank transfer to the Buyer’s account.
6.4. Return of Goods of proper quality to the Seller’s address shall be at the Buyer’s expense and shall not be reimbursed by the Seller.
6.5. If defects in the Goods are discovered within the established warranty period, the Buyer shall personally, in the manner and within the time limits established by the legislation of Ukraine, be entitled to present to the Seller the claims provided for by the Law of Ukraine “On Consumer Rights Protection”. If claims are made regarding free-of-charge removal of defects, the period for their removal shall be calculated from the date the Goods are received by the Seller at its disposal and given physical access to such Goods.
6.6. The Seller shall consider the claims provided for by the Law of Ukraine “On Consumer Rights Protection” provided that the Buyer submits the documents required by the applicable legislation of Ukraine. The Seller shall not be liable for defects in the Goods that arose after their transfer to the Buyer as a result of violation by the Buyer of the rules for use or storage of the Goods, actions of third parties or force majeure.
6.7. The Buyer has no right to refuse Goods of proper quality which have individually determined characteristics if such Goods can be used exclusively by the Buyer who purchased them (including, at the Buyer’s request, non-standard sizes, characteristics, appearance, configuration etc.). Confirmation that the Goods have individually determined characteristics is the difference in the dimensions and other characteristics of the Goods indicated in the Online Store.
6.8. Return of Goods in the cases provided for by law and this Contract shall be carried out to the address indicated on the website in the “Contacts” section.
7. Liability
7.1. The Seller shall not be liable for damage caused to the Buyer or third parties as a result of improper installation, use or storage of the Goods purchased from the Seller.
7.2. The Seller shall not be liable for improper or untimely execution of Orders and its obligations if the Buyer has provided inaccurate or false information.
7.3. The Seller and the Buyer shall be liable for the performance of their obligations in accordance with the applicable legislation of Ukraine and the provisions of this Contract.
7.4. The Seller or the Buyer shall be released from liability for full or partial non-fulfilment of their obligations if such non-fulfilment is the result of force majeure circumstances: war or hostilities, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Seller and/or the Buyer after the conclusion of this Contract. The Party that is unable to fulfil its obligations must promptly notify the other Party thereof.
8. Confidentiality and personal data protection
8.1. By providing his/her personal data on the Online Store website during registration or when placing an Order, the Buyer voluntarily consents to the processing, use (including transfer) of his/her personal data by the Seller, as well as to other actions with such data as provided for by the Law of Ukraine “On Personal Data Protection”, without limitation of the validity period of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. Disclosure of information by the Seller to counterparties and third parties acting on the basis of a contract with the Seller, including for the purpose of fulfilling obligations to the Buyer, as well as in cases where disclosure of such information is required by the applicable legislation of Ukraine, shall not be considered a breach.
8.3. The Buyer is responsible for keeping his/her personal data up to date. The Seller shall not be liable for improper performance or non-performance of its obligations due to the Buyer’s personal data being out of date or not corresponding to reality.
9. Other conditions
9.1. This Contract is concluded in the territory of Ukraine and is governed by the applicable legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If it is impossible to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to refer the dispute for consideration to the courts in accordance with the applicable legislation of Ukraine.
9.3. The Seller has the right to amend this Contract unilaterally in the manner provided for in clause 5.2.1 of the Contract. In addition, the Contract may be amended by mutual agreement of the Parties in accordance with the procedure established by the applicable legislation of Ukraine.
Seller’s address and details
Private Entrepreneur (FOP) Chernetskyi Oleksandr Mykolaiovych
Ukraine, ADDRESS TO BE ADDED LATER
Current account (IBAN): UA913052990000026002050043, JSC CB “PrivatBank”
MFO (bank code): 305299
Taxpayer Identification Number (TIN): 3166815273