Terms of use of the site
PUBLIC OFFER
Preamble
Dear user of the site www.book.ua please note that the use of the site in any type (including, but not limited to, placing orders for goods using the site www.book.ua, participation in promotions, filling out applications, forms, etc.) means that you have read and agree to the terms of use of the site www.book.ua, and is also your acceptance of this Public offer. This Public offer is binding on the parties. If you do not agree with the terms of this Public offer, you must refrain from using the site www.book.ua.
TERMS DEFINITION
Administration means administration of the online store "BOOK.UA", which is posted on the website www.book.ua, Limited Liability Company "BOOKUA", registered in Ukraine, located at the address: 03056, Kyiv city, Borshchahivska st., 152-b.
Promotional content means content that can be available for download at a promotional price for a certain period of time, which will be informed in the corresponding section on the site.
Order is a duly executed and posted request of the Buyer (filled in the corresponding fields on the site in the "Placing an order" section), addressed to the Seller, with an offer to sell the list of Goods selected on the site, indicating its quantity.
User is an individual who has reached the age of 18, has full legal capacity, uses this site and/or its individual tools, who has agreed to the terms of the Public offer and fulfilled all its conditions described below.
Content is a product presented on the site www.book.ua. in the form of text, image, audio and video files provided in various formats and submitted for viewing, downloading and other actions by the User.
Account means unique accounting and personal data of the User that identifies the User on the Site, stored on the hardware resources of the Administration and provide the User with the opportunity to use the functionality of the Site, in accordance with the terms of this Agreement.
Recipient is a person specified by the Payer in the "Placing an order" section as a person authorized to receive the goods. Unless otherwise specified in the "Placing an order" section, the Recipient is the Payer.
Personal account is a set of software functions of the Site that allow a user who has properly logged in to his account to receive information about Orders, purchases made by him, make changes to the user's accounting and personal data, and access the purchased Content.
Payer is a person who pays for the Buyer's order, unless otherwise specified in the "Placing an order" section, the Payer is the Buyer.
Buyer is a registered User who places an order and intends to purchase / purchases goods offered for sale by the Seller and presented on the site www.book.ua.
Content buyer is a Buyer who gets the opportunity to download the content offered on the site www.book.ua.
Rights holder is the content owner.
Seller is a legal entity or individual entrepreneur who posts information on the site with an offer to purchase certain goods. The Seller can be either the Administration or any person to whom the Administration has granted the right to post information about the product on the site. The name of the Seller is indicated in the documents for the transfer of the goods to the Buyer (act of acceptance and transfer, invoice, product receipt, etc.confirming the fact of transfer of the goods to the Buyer).
Offer means information about the product posted by the Seller on the site, which includes information about the product, its price, payment and delivery methods, information about discounts and promotional offers for the product, as well as other conditions for purchasing the product. The Terms of Offers posted on the site are set by the Seller. The Offer is information about possible conditions for purchasing the product.
Site is a website that has an address on the internet www.book.ua, on separate pages (in sections) of which there are rules (conditions) of registration, placing an order, payment, delivery, return of goods, guarantees, etc., and also contains information about the Buyer (contact details, orders, delivery addresses, etc.), with which the User has the opportunity to make a purchase of the desired product.
Goods are a material objects offered for sale by the Seller, posted on the site, for which the price, name, description, characteristics and the status of its availability is indicated.
Agreement means this public offer, including all its terms and appendices thereto.
General provisions
1.1. This Agreement regulates the procedure for User access to information posted on the Site, the procedure for using the Site, as well as the possibility of transferring goods and other conditions.
1.2. The site is a platform for placing offers for the sale of goods by the Seller.
1.3. This agreement in accordance with articles 633, 641 and Chapter 63 of the Civil Code of Ukraine is a Public contract (offer) and is addressed to an indefinite circle of persons, regardless of their status (individual, legal entity, individual entrepreneur), who wish to purchase goods, information about which is posted on the Site. Since this Agreement is a public offer, by accessing the site materials, the User / Buyer is considered to have joined this Agreement.
1.4. Goods information is displayed on the Site and is dynamic. This means that the information can be updated, changed and supplemented by the Administration at any time without prior notice to the User. These changes take effect after they are published on the Site and apply to any order made after they are published.
1.5. Information about the Seller's goods, terms of purchase, prices and any other information of the Seller is accurately displayed on the Site. Information on the Site about the Goods, Content, Seller and other terms of operation of the Site and legal relations between the parties to this Agreement serves only as a supplement to the terms of this Agreement. If the information on the Site contradicts the terms of this Agreement, the terms of the Agreement prevail and are subject to application.
1.6. This Agreement may be concluded by an individual who has reached the age of 18, has full legal capacity, uses this site and / or its individual tools, has agreed to the terms of the Agreement and fully assumes the obligations arising from the use of the Site and the conclusion of this Agreement.
1.7. By ordering goods on the Site, the Buyer agrees to all the terms of this Agreement and its Appendices.
1.8. The proposal on the Site is not an offer. However, after reviewing the proposal, the Buyer has the right to make an offer to the Seller by selecting the product and filling out the form in the "Placing an order" section. Filling out a certain form is considered an offer of the Buyer to the Seller for the purchase of the corresponding goods on the terms specified in the Offer. An unregistered User can also make an offer to the Seller, and he must correctly enter all the necessary data in the "Placing an order" form on the site.
1.9. The offer is considered accepted by the Seller (acceptance) if the latter has performed actions that indicate acceptance of the Buyer's offer, namely: actually shipped the goods in accordance with the conditions provided for in the Buyer's offer or provided access and the ability to download content through the User's Personal account.
1.10. After receiving the Buyer's offer, the Seller has the right to offer to purchase the goods on conditions other than those provided for in the Buyer's offer. In this case, such an offer is considered a counter-offer and must be accepted by the Buyer. Acceptance of a counter-offer is considered to be the actual payment received by the Buyer / Recipient of the goods on the terms stipulated in the counter-offer. The Seller has the right to withdraw such a counter-offer before payment and delivery of the goods.
1.11. If there is an error in the sent acceptance, the Parties have the right to change the terms only if such an error is notified to each other in a timely manner.
1.12. Sufficient proof of acceptance of the offer by the Seller or a counter-offer (i.e., the Parties agree on all essential conditions for the sale of goods) is its actual payment, receipt of the goods by the Buyer / Recipient.
1.13. Sending a notification about the receipt of the Buyer's order or about the terms of its receipt and/or the price of the goods by the Seller / Administration by means of electrical (SMS-informing, e-mail, telephone, etc.) or other communication by the Buyer/Administration to the Seller/Administration is not considered acceptance by the seller of the buyer's offer. This notification is solely a notification that the Seller has received the Buyer's offer (but not of its acceptance) and contains a reproduction of the terms of the offer provided by the Buyer.
1.14. Information about the Goods is posted directly on the Site, in addition, upon receipt of the goods, before signing the documents confirming receipt of the goods, the Buyer/Recipient is obliged to read the information about the Goods contained on the Goods and/or packaging and/or in the shipping documents. If it is necessary to obtain additional information about the product, the Buyer/Recipient must contact the Seller and obtain the necessary information by remote communication before accepting such goods.
1.15. Discounts/promotions cannot be combined with other discounts/promotions and promo code discounts.
1.16. The promo code discount does not apply when purchasing a gift certificate.
1.17. You can use a gift certificate to pay for any product on the site, except for gift certificates.
1.18. The owner of intellectual property rights to distribute the Content presented on the Site is BOOKUA LLC, which is registered at the address Ukraine, 03056, Kyiv city, Borshchahivska st., 152-b.
Use of text and photo/video materials of the Site is possible only with the permission of the Administration.
1.19. This site: https://www.book.ua can be used by other business entities on the basis of relevant lease agreements and/or services, etc. In turn, these business entities will have the right to sell goods to end users, and will be responsible for these products to end users.
Registration on the site and Order processing procedure
2.1. To make a purchase on the site, the User must register. To do this, they must click the "Sign in" button and fill out the registration form. The Administrator reserves the right to reject any registration request and/or terminate anyone's registration on the Site.
2.2. The User can also place an Order for goods without proper registration, but they must correctly fill in the required fields in the "Placing an order" form.
2.3. When registering on the Site, namely filling out the registration form and creating a Personal account, the User undertakes to indicate the information designated as mandatory in full, and the user is responsible for the accuracy, correctness and truthfulness of both mandatory and other information provided. In case of detection of any unreliability, inaccuracy or untruthfulness of the information provided by the Registered User, the Site Administration unconditionally reserves the right to cancel the Account of such Registered User at any time without any compensation or compensation.
2.4. Entering information in the registration form of the Site, as well as placing an Order, the Buyer confirms that he is familiar with the terms of this Agreement, and all actions that he will perform will not contradict the terms of this Agreement.
2.5. The Order is considered accepted for execution, and the Agreement between the Buyer and the Seller is concluded after the Buyer receives an electronic message to the email address from the Seller or by making a phone call by the Seller to the mobile phone number specified during registration by the Buyer, with confirmation of the fact of approval and acceptance of the Order.
2.6. The Seller has the right to reject the Order in case of actual absence of goods in stock, by sending an electronic message or making a phone call to the Buyer. In this case, the rights and obligations of the Parties related to the sale, delivery and transfer of the ordered goods to the Buyer and payment to the Seller provided for in this Agreement are terminated, and the cost of the goods, in case of payment for it, is returned to the Buyer.
2.7. If the Seller does not have the opportunity to confirm the Order with the Buyer, due to an incorrectly specified email address or phone number, the Seller has the right to cancel such an unconfirmed Order.
Cost and terms of payment for goods
3.1. The goods price is indicated on the Site in the corresponding section at the time of placing the Order, and does not include the cost of delivery.
3.2. The Seller has the right to change the price of the goods unilaterally without warning. However, the Seller does not have the right to change the price of the ordered product after the Order has been accepted by the Seller and the Buyer has received an email or phone call confirming the Order or the Buyer has made a payment for the goods.
3.3. The cost of goods is paid in the national currency of Ukraine – hryvnia.
3.4. The Buyer can pay for the ordered goods: with a Visa or MasterCard bank card on the Site at the time of placing the Order; by transferring funds immediately before receiving the goods to the Seller's bank account; with a Visa or MasterCard bank card at the terminals located in the pick-up branches Book.ua before receiving the Order.
3.5. The User / Buyer understands and agrees that the operator for receiving and making payments for the goods presented on the Site is, depending on the circumstances, one of the acquiring companies connected to the Site and selected independently by the User/Buyer in the process of making payment for the goods.
3.6. The goods must be fully paid for by the Buyer before they are handed over by the Seller.
3.7. If the Order is canceled by the Buyer or rejected by the Seller, the paid cost of the Goods is subject to refund, and the funds already spent on delivery incurred before the Buyer cancels the Order are not subject to refund.
3.7.1. If the Order paid by the Buyer was sent to the delivery service department chosen by the Buyer, but the Buyer refused to inspect and accept the Order, such Order is considered canceled at the Buyer's initiative in accordance with clause 3.7. of this Agreement, and the funds paid by the Buyer for the Order are subject to refund less the cost of Order delivery services to the delivery service department.
3.7.2. If the Buyer refuses to receive the Order in the delivery service department without making a claim to the delivery service by the Buyer in accordance with clause 3.9. of this Agreement, such refusal of the Buyer to receive the Order is considered cancellation of the Order at the Buyer's initiative in accordance with clause 3.7. of this Agreement, and the funds paid by the Buyer for the Order are subject to refund less the cost of Order delivery services to the delivery service department.
3.8. Content payment terms
3.8.1. Getting access to viewing the catalog of content posted on www.book.ua in the corresponding section, is free for Site users, and a fee is charged for getting access to downloading selected Content files in the formats presented on the site.
3.8.2. Payment for paid Content is made by Visa or MasterCard bank card on the Site at the time of placing the Order.
3.8.3. If the Buyer pays for providing access to the Content download and it is impossible to download it directly for technical or any other reasons by the Buyer (arising on the side and due to the Buyer's fault), the refund of the paid funds will not be made, and the Content will be considered to have been received properly. A refund of the paid funds is possible only if the Seller has provided a non-working file (which cannot be reproduced or saved (if this is proved after verification by the Seller) and if the Seller cannot replace such a file. Thus, Content of proper quality is not subject to return or exchange.
3.8.4. The price of Content may change regardless of whether it was promotional or not. The Seller does not compensate the Buyer for the cost of purchased Content if this Content becomes promotional over time and its cost is significantly reduced. The Content Buyer understands and agrees that after a certain period of time, the price of promotional content may change, and free promotional content may become paid and vice versa.
3.8.5. Content prices may change without notifying the Content Buyer. If the price reduction occurs after the Buyer purchases the Content, the Site administration is not obliged to make any compensation to such Content Buyer.
3.9. In case of cancellation of the Order or return of the goods, the funds are subject to return to the Buyer, taking into account the terms of clause 3.7. of this Agreement.
3.10. When returning the goods, the funds are subject to return to the Buyer only after receiving the goods and processing by the Seller a duly completed return application.
3.11. Refund of funds can be made in one of the following ways: to the bank card from which the payment was made by the Buyer; by making a postal transfer.
3.12. The refund period is up to 14 (fourteen) business days.
3.13. Additional terms and conditions for a refund are set out in the relevant sections of the Site.
3.14. The Seller may restrict the use of some of the payment methods for the ordered Goods (clause 3.4.).
Procedure for transferring goods
4.1. Delivery of goods is carried out throughout Ukraine, with the exception of the Autonomous Republic of Crimea, temporarily occupied territories of Ukraine and localities where postal delivery services do not function properly at the time of purchase of Goods.
4.2. Delivery of the Order of goods is carried out within 3 (three) calendar days from the moment of processing and approval of the order by the Seller with the Buyer, to the address specified by the Buyer.
4.3. Access to downloading Content is granted to the Buyer immediately after payment for such Content, the Content is stored in the Buyer's Personal account in the corresponding section without time limit. Thus, from the moment you can download Content and it appears in your Personal account , it is considered that the Seller has been granted access to the Content in full.
4.4. When placing an Order, the Buyer has the opportunity to independently choose the delivery method, namely: courier delivery (delivery by courier to the address specified by the Buyer); receipt of goods at the selected branch of the delivery service (delivery service branches can be selected from the list indicated on the Site); pickup from one of Book.ua branches (addresses are listed in the corresponding section on the Site).
4.5. The cost of delivery of goods is made at the rates of Companies that directly deliver the goods. All necessary information regarding the delivery of goods is indicated by the Buyer when placing an Order in the "Placing an order" section on the Site.
4.6. The Seller makes every effort to comply with the delivery dates indicated on the Site, however, delivery delays are possible due to unforeseen circumstances beyond the Seller's control (force majeure circumstances). The Seller informs the Buyer in case of force majeure and agrees on new delivery terms by e-mail or by telephone.
4.7. The moment of receipt of the goods by the Buyer is the signing by the Recipient / Buyer of a document confirming the fact of acceptance of the goods ordered by him (consignment note, act of acceptance and transfer, declaration for shipment, etc.) or the actual receipt by the Recipient / Buyer of the goods and performing actions indicating the acceptance of the goods. To issue the Goods to the Recipient, the latter must present an identity document (passport) upon receipt of the Goods.
4.8. Before the Buyer sends the goods, it is checked and insured for the full price. Upon receipt of the goods, the Buyer undertakes to check the goods for damage, as well as the availability of a set of necessary documents (product receipt, warranty card, act of acceptance and transfer, etc.) and in case of nonconformities on the spot to present and properly issue claims to the delivery service in accordance with the format and rules of the delivery service for processing such claims (application, protocol, act, claim, etc.). The Seller is not responsible for the actions of Companies that ensure the delivery of goods to Buyers.
4.9. The Buyer has the right to violate the integrity of the packaging of the goods, inspect the goods, and dispose of the goods in any other way at its own discretion, only after its full payment. This provision does not deprive the Buyer of the rights provided for by the Law of Ukraine "On consumer rights protection" to return goods of proper and improper quality.
4.10. The Buyer has the right to appoint a third party as the Recipient of the purchased goods. In this case, the Buyer must specify in the Order form the data necessary to identify the Recipient and deliver the goods to him. In this case, the relations of the parties are subject to the provisions of Article 636 of the Civil Code of Ukraine.
4.11. Providing access to downloading Content.
4.11.1. Access to downloading Content is granted only after the Buyer pays for such Content in full.
4.11.2. The number of downloads of Content files purchased by the Buyer from individual Right holders (direct content owners) may be limited. Information about limiting the number of Content downloads can be provided additionally. If the allowed number of Content downloads is exceeded by the Buyer, access to the Purchased Content file will be terminated. If the excess of the permissible number of downloads occurred for technical reasons (for example, due to an unstable connection or software problems on the part of the Content buyer), the Site administration reserves the right, but is not obliged, to provide such a Content buyer with the opportunity to make one additional download.
4.11.3. Content files are provided for download to Content buyers in the form in which they were received from the Right holders. The Seller undertakes to provide access to the Content in one or more of the possible content file formats of its choice. The Seller is not responsible for the inability to upload a Content file in a particular format, regardless of whether this format was declared in the list of available for this piece of work. The Seller/Right holder / Owner of intellectual property rights is not responsible for the content of the Content.
4.11.4. In some cases, at the request of the Right holder, the Administration reserves the right to remove certain Content from the Buyer's Personal account or replace the Content.
4.12. The Seller may restrict the use of some of the delivery methods of the goods when placing an Order (clause 4.4.).
Warranty conditions
5.1. Subject to compliance with the requirements for proper operation of the goods by the Buyer, the Seller guarantees high quality of the goods during the warranty period. The warranty period for the goods is 14 (fourteen) calendar days, unless otherwise specified by the manufacturer (supplier) and/or legislation or specified on the Site.
5.2. The warranty period begins from the moment of delivery of the goods to the buyer, which is indicated in the relevant document, and if the moment of transfer of seasonal goods to the Buyer does not coincide with the beginning of the season for such goods, — from the beginning of the corresponding season. All necessary information regarding the warranty conditions for goods purchased on the Site is indicated in the relevant sections of the Site.
5.3. The Content has no warranty period.
Return of goods
6.1. If the goods do not meet the expectations of the Buyer, he has the right to return the purchased goods of proper quality within 14 (fourteen) calendar days from the date of its receipt, subject to the conditions provided for by the law of Ukraine "On consumer rights protection".
6.2. Goods of proper quality defined by the resolution of the Cabinet of Ministers of Ukraine "On the implementation of certain provisions of the Law of Ukraine "On consumer rights protection" as of 19.03.1994 No. 172 are not subject to return.
6.3. Content is non-refundable after the Buyer pays for it on the Site.
6.4. To make a return of the goods, the Buyer must inform about this by making a call to the corresponding number indicated on the Site or inform about it to the following email address: support@book.ua marked "Claim for goods return".
6.5. The returned goods must have a commercial appearance, labels, tags, packaging with a barcode, the goods must have no traces of use, etc.
6.6. When returning (sending via the delivery service) goods delivered in individual packaging (manufacturer's packaging), it is necessary to pack such goods additionally and keep the type of goods in individual packaging. The Seller has the right to refuse to accept the returned goods if it was packed improperly, as a result of which traces and/or damage remained on it (on individual packaging) (including those that occur during its transportation (scratches, dents, marking, additional fixing with tape of the cargo and/or accompanying documents, etc.) — as goods whose presentation is not preserved by the Buyer.
6.7. Return of goods of improper quality.
6.7.1. Return of goods of improper quality is carried out within the established warranty period for this type of goods, in accordance with the procedure and within the time limits established by law, accompanying documents for the goods and/or specified by the Supplier when providing information about the goods.
6.7.2. In case of detection during the warranty period of significant defects that have arisen due to the fault of the manufacturer of the goods or due to its falsification, confirmed if necessary by the expert opinion, the Seller, in accordance with the procedure and within the time limits established by law, and on the basis of mandatory rules for the parties and/or this Public offer, returns to the Buyer the amount of money paid for the goods.
6.7.3. The Buyer's claims must be submitted by sending a written application to the address: 03056, Kyiv city, 152-b Borshchahivska st. addressed to the Administrator. If the Buyer receives goods of improper quality in the delivery service department, the Buyer is also obliged to submit and issue a claim to such delivery service in accordance with the requirements of clause 4.8. of this Agreement. If the Buyer fails to comply with the terms of clause 4.9. of this Agreement, the Buyer's refusal of the goods will be considered cancellation of the Order at the Buyer's initiative in accordance with clause 3.7. of this Agreement.
6.7.4. If the Buyer has been provided with a technical passport, warranty card or other document together with the goods, the Buyer's requirements are considered by the Seller only if the specified documents are provided.
6.7.5. The Seller has the right to refuse to accept the goods sent by the Buyer without providing the above documents, as well as not to consider the Buyer's application (claim) until the shortcomings made by him are eliminated. If the Buyer does not send the specified documents within 1 (one) month, the Seller's obligations to ensure the safety of such sent goods are terminated, and he has the right to dispose of the goods at his own discretion. The Seller is not obliged to send back the goods, the application for which was made improperly and the proper documents were not provided.
6.7.6. The Buyer's claims are not subject to satisfaction if the Seller proves that the defects in the goods occurred as a result of the Buyer's violation of the rules for using the goods, the conditions for their storage or the conditions for their return.
6.7.7. The Buyer's claims are considered within 14 business days from the date of their receipt.
6.8. Additionally, the necessary information regarding the return of goods can be found in the relevant sections of the Site.
Access to the Site
7.1. The Administration makes every possible effort to ensure the proper functioning of the Site, but is not responsible for non-performance or improper performance of the obligations stipulated in this Agreement, as well as for damage caused in this regard, due to, but not limited to: illegal actions of third parties; failures in the operation of the Site caused by errors in the code, computer viruses and other third-party code fragments in the software of the Site; lack of internet connections between the User's device and the Site server, as well as between the Site server and the Internet; carrying out operational measures by government agencies and other duly authorized organizations that affect the work of the Site; by performing software updates to the Site; by the applicable and effective decision of the authorized state authorities.
7.2. In order to prevent unauthorized automatic scanning of the Site, as well as the use of the Site for fraudulent actions and in case of reasonable suspicion of abuse on the part of the User regarding the use of the Site (including violation of the intellectual property rights of the Administration and third parties to the Content), the Administration reserves the right to: block access to the Site; cancel all purchases made through the use of unauthorized access; recover damages caused by the use of unauthorized access to the Site.
7.3. An Account on the Site provides for the possibility of using it exclusively by one User of the Site. It is not allowed to transfer Account data to third parties. In case of detection of the transfer of Account data to third parties or the facts of collective use of the Account, the Administration has the right to block this Account and cancel purchases made using such an Account.
Force majeure
8.1. The Parties are released from liability for full or partial non-performance of their obligations under this Offer, if such non-performance was the result of force majeure circumstances that arose after the conclusion of this Offer and which the Parties could neither foresee nor warn by reasonable measures.
8.2. Force majeure circumstances are extraordinary and unavoidable circumstances that objectively make it impossible to fulfill obligations stipulated by the terms of a contract (contract, agreement, etc.), obligations under legislative and other regulatory acts, namely: the threat of war, armed conflict or a serious threat of such conflict, including but not limited to enemy attacks, blockades, military embargoes, actions of a foreign enemy, general military mobilization, military actions, declared and undeclared war, actions of a public enemy, disturbances, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, mutiny, uprising, mass riots, introduction of curfews, quarantine established by the Cabinet of Ministers of Ukraine, expropriation, forced seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, illegal actions of third parties, fire, explosion, long breaks in the operation of transport, regulated by the terms of relevant decisions and acts of state authorities, closure of sea straits, embargo, ban (restriction) of exports/imports, etc., as well as caused by exceptional weather conditions and natural disaster, namely: epidemic, severe storm, cyclone, hurricane, tornado, hurricane, flood, snow accumulation, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.
8.3. The existence and validity period of Force majeure circumstances is confirmed by the certificate of the Chamber of Commerce and industry of Ukraine of the established sample, orders of the president of Ukraine, orders of the Cabinet of Ministers of Ukraine, etc.
8.4. The Buyer agrees that if the Seller is unable to fulfill the Buyer's order due to force majeure, then in this case the money paid for the goods will not be returned to the Buyer, while the Seller must fulfill its obligations to ship order as soon as possible.
Liability of the Parties
9.1. The Buyer / User of the Site agrees and guarantees not to perform any actions that may be considered as violating Ukrainian legislation or international law, including in the field of intellectual property, copyright and/or related rights, as well as any actions that lead or may lead to a violation of the normal functioning of the Site and its services.
9.2. The Buyer/User is obliged to promptly inform the Site Administration about unauthorized access to the User / Buyer's Personal account by third parties. To inform the Buyer / User, please contact the Support service at the coordinates indicated on the Site.
9.3. The User does not have the right to transfer the right to use his Personal account to third parties. In case of detection of the transfer of Account data to third parties or the facts of collective use of the Personal Account, the Administration has the right to block this Account and cancel purchases made using such an Account.
9.4. The User / Buyer is prohibited from offering or using the information posted on the Site (including Content) for commercial purposes without the written consent of its authors/copyright holders and the Site administration, as well as in any other way distribute the received Content, copies thereof.
9.5. By accepting the terms of the Agreement, the User/Buyer confirms that they have read and agree to the terms of this Agreement.
9.6. Comments and other posts of the User / Buyer on the Site should not contradict the requirements of the legislation of Ukraine and generally accepted norms of morality and ethics.
9.7. Use of the Site materials without the written consent of the Administration is not allowed. In case of agreed citation of Site materials, a link to the Site is mandatory.
9.8. The User / Buyer is responsible for the accuracy of the data specified in the registration form and the Order form. If an incorrect, inaccurate and/or wrong indication of data in the Order resulted in additional costs for the Seller related to the delivery of the goods to an incorrectly specified address or the delivery of the goods to an incorrectly specified Recipient, all related losses and costs are borne by the User / Buyer. The Seller has the right to deduct the amount of such losses or expenses from the amounts paid by the Buyer as payment for the goods.
9.9. Responsibility for money transfers made by the Payer lies entirely with the banking institutions and payment systems whose services the Payer decides to use. The Seller does not take responsibility for their actions.
9.10. The Administrator is not responsible for the work of internet service providers, processing centers, payment systems, telecom operators, banking institutions, Visa/MasterCard payment services, as a result of which the necessary information, data was not received or received late, was lost or damaged. Any claims and disputes related to making payments and receiving monetary refunds are sent by the Payer to such an independently selected company, and if it is impossible to resolve them peacefully, they are resolved in accordance with the provisions of Section 8 of this Agreement.
9.11. The only means of compensation that is provided to the Buyer in case of non-compliance with the actual terms of sale to this Agreement is to grant the Buyer/Recipient the right to refuse to receive the relevant goods and demand a refund of the cost paid for it. The Buyer / Recipient has the right to exercise this right until the signing of documents confirming receipt of the goods.
9.12. The site administrator is not responsible for the operability of the equipment on which the site is hosted, the availability of the Site, the operation of data transmission channels, and other technical means for users to access the Site.
9.13. The Administrator's liability may not exceed the cost of purchased goods on the Site and does not include any lost profits, indirect losses, or damage caused to third parties.
9.14. The Seller is not responsible for the actions of the companies that ensure the delivery of the goods to the Recipient/Buyer, including for the delivery time, as well as for maintaining the integrity of the goods during transportation by delivery services.
9.15. The Seller's liability for changes in the terms of the offer for sale and sale of goods is limited to the right of the User/Recipient/Buyer to refuse to purchase the goods and demand a refund of the money paid for it.
Dispute resolution and applicable law
10.1. This Agreement is drawn up in accordance with the legislation of Ukraine. The User / Buyer who is located outside this jurisdiction fully agrees to subject the legal relations arising during any use of the Site to the legislation of Ukraine, and these Terms and conditions apply to him to the maximum extent permitted by his jurisdiction without applying any conflict of laws rules.
10.2. The Parties confirm that in the event that any condition of this agreement becomes or is declared invalid due to non-compliance with the law, this condition will not be taken into account or the Parties will take measures to amend the agreement to the extent that the agreement is valid and fully preserve the intentions of the Parties.
10.3. The User / Buyer acknowledges and agrees that the resolution of all possible disputes arising from the relationship between the Parties and which the Parties were unable to settle through negotiations within at least 30 days is subject to resolution in accordance with the current legislation of Ukraine.
10.4. Any claims and disputes regarding the provision of access to downloading Content by the Buyer/User are sent to the Administration, and if it is impossible to resolve them peacefully, they are resolved in accordance with the legislation of Ukraine.
Use of the User's Personal data
11.1. The information provided by the User in the registration form (full name, mobile phone number, e-mail, postal address, etc.) is their personal data. The User's Personal data is confidential information, the collection and further processing of Personal data is carried out by the Administration in accordance with the law of Ukraine "On personal data protection" and other regulatory legal acts of Ukraine. The source of personal data collection is information provided directly and voluntarily by the User.
11.2. The purpose of processing personal data is to ensure that the Administration can identify the User with its own information on the Site, ensure that the Administration can provide the necessary services for the sale of Goods and Content on the Site, ensure that the User can receive technical and advisory support regarding the use of the Site, as well as ensure that the Administration provides services and fulfills its obligations in accordance with the terms of this Agreement.
11.3. By his consent to this Agreement, the User voluntarily provides the Administration with the personal data specified in the registration form for registration in the Information System as a User, as well as for the purpose of maintaining long-term cooperation with the Site Administration. The User also gives indefinite consent to the use of his Personal data for processing orders for the purchase of goods, receiving advertising and special offers, information about promotions, sweepstakes, and other information about the activities of the Administration.
11.4. The User grants the Administration the right to process his personal data, including: record Personal data in the Administration's databases (without additional notification to the User about this), carry out lifetime data storage, their accumulation, updating, modification (if necessary).
11.5. The owner of the Personal data provided by the User is BOOKUA LLC, which is registered in Ukraine and whose office is located at the address: 03056, Kyiv city, Borshchahivska st., 152-b.
11.6. In case of changes in its Personal data, the User must provide the Administration with updated information by calling the Administration Support Service or by making changes to the corresponding section of the User's Account on the Site. If the User fails to comply with this requirement, the Administration is not responsible for the adverse consequences associated with the use of outdated data.
11.7. The User / Buyer may immediately after registration or at any other time impose a ban (restriction) on the use of their personal data. To do this, the User must contact the Support service at the phone number indicated on the Site with a corresponding message. The User is also granted other rights provided for in Article 8 of the Law of Ukraine "On personal data protection".
11.8. The Administration does not accept the User's registration data if they are filled in incorrectly.
11.9. The Administration undertakes to inform the User in time about its opportunities and rewards, but is not responsible for messages that were not delivered to the User as a result of circumstances beyond the control of the Administration.
11.10. For the purposes provided for in clause 10.2. of this Agreement, the User grants the Administration the right to send him any information of a commercial and/or informational nature, as well as information about other consumer offers by mail, e-mail, phone, SMS, viber-messages, to make calls to the mobile phone number specified in the registration form/Account.
11.11. The User's data specified in the registration data is confidential. Only authorized persons of the Administration and the User himself have access to the data, and this data can also be provided at the request of law enforcement and/or other bodies in accordance with current legislation.
11.12. The User is responsible for the unreliability of data in the Account.
11.13. The Administration has the right to grant permission for the processing of Personal data to third parties (including the Seller), provided that such a third party complies with the terms and conditions of this Agreement.
11.14. The exercise of the User's rights as a personal data subject provided for by the Law of Ukraine "On personal data protection" is possible by sending the User to the Administration a corresponding request using the administration details specified in clause 10.5. of this Agreement.
Other terms and conditions
12.1. All terms and conditions for performing individual actions/operations posted in the relevant sections of the Site are integral parts (as appendices) of this Agreement, defining obligations for both Parties. If the terms set out in the text of this Agreement and the terms specified in its appendices (sections of the Site) differ, the Parties are guided by the terms defined in the Appendices. The sale of goods by the Seller to the Buyer is regulated by this Agreement, as well as the Law of Ukraine "On electronic commerce", the Law of Ukraine "On consumer rights protection", the rules for the sale of goods to order and outside retail or office premises and other legislative acts in the part that does not contradict the specifics of e-commerce.
12.2. By placing an Order, the Buyer confirms that: he has read and agrees to all the conditions set out in this Public offer, and accepts them unconditionally; all actions that he will perform will not contradict the terms of this Agreement.
12.3. The Administration has the right to make changes to the text of this Agreement and/or appendices without prior notice. Changes to the Public offer take effect after their publication and apply to any Order made after their publication.
12.4. The User undertakes to read this Agreement carefully. In case of disagreement with its terms, the User undertakes to immediately stop using the Site
12.5. The Seller and Buyer maintain communication through the use of email, telephone communication (SMS, etc.), applications, ads and/or messages. The Buyer agrees that all notifications, data or other information provided in electronic form are legally binding and are equal to documents drawn up in writing, taking into account the provisions of clause 1.5. of this Agreement.
12.6. By registering on the Site, the Buyer agrees to receive updated information, newsletters with the latest news, new arrivals, special offers and sales announcements through any means of communication, including electronic messages (e-mail), SMS, etc.
12.7. If the Buyer wishes to unsubscribe from sending messages related to this Agreement/Site, they should contact the Support service by calling or sending an email to the email address indicated on the site with a request to unsubscribe from the mailing list. The request will be completed within 3 days of its receipt.
12.8. The Administration reserves the right to block the Buyer (deprive him of the opportunity to order and purchase goods), submit relevant applications to law enforcement agencies and transmit to them the data of such a Buyer in the event that any actions of the Buyer, in the opinion of the Seller, have signs of fraud and may harm the interests of other Users/Buyers or third parties.
12.9. Recognition by the court of any provision of the Agreement as invalid does not entail the invalidity of other provisions hereof.