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1. General Provisions
1.1. This Agreement is an official and public offer by the Seller to conclude a Contract for the sale of Goods presented on the Website - kentpaket.ua.
1.2. According to Article 633 of the Civil Code of Ukraine, this Agreement is public, and its terms are the same for all buyers regardless of their status (individual, individual entrepreneur).
1.3. By concluding this Agreement, the Buyer fully accepts the terms of this Agreement, including the procedure for placing an order, the procedure and methods of payment for the Goods, the delivery of the Goods, the return of the Goods, and other conditions of this Agreement.
1.4. Acceptance of the terms of this Agreement confirms that the Buyer has familiarized themselves with the content of this Agreement, the meaning of which is clear and does not cause any objections.
1.5. The Agreement is considered concluded from the moment the Buyer places the Order in the manner specified in clause 3.3 of this Agreement.
2. Terms Used in this Agreement:
2.1. Goods – products, namely: T-shirts, hoodies, pants, shorts, caps, accessories, sweaters, jackets, hats.
2.2. Website – the Seller’s website at kentpaket.ua, created on behalf of the Seller, using web technologies, an interactive resource for placing commercial and general information of the Seller on the Internet. It is used by the Seller for business activities, for the sale of Goods through the Internet.
2.3. Buyer – a legally capable individual who has reached the age of 18 (private person) who has concluded this Agreement with the Seller to purchase goods presented on the Website for personal use.
2.4. Seller – Individual Entrepreneur Lazaridi Georgii Anatoliyovych, date and number of entry in the Unified State Register of Legal Entities and Individual Entrepreneurs: 27.05.2011 No. 2480 000 0000 132302, address: Vezd Tarasivskyi 4, 32, Kharkiv, 61068. Other individual entrepreneurs who place information about the Goods offered for sale on the Website may also act as Sellers. The name of the Seller is specified during the Order process, as well as in the documents for the transfer of the Goods to the Buyer.
2.5. Order – the selection by the Buyer of specific product items from the list of Goods, the information about which is placed (presented) on the Website, by:
- Filling out the Order form by the Buyer, placed on the Website;
- Sending the Order to the Seller’s email;
- Placing the Order by phone with the Seller, whose number is indicated in the contact section of the Website.
3. Subject of the Agreement and Procedure for Its Conclusion
3.1. The Seller undertakes to transfer ownership of the Goods ordered by the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
3.2. This Agreement regulates the purchase and sale of Goods using the interactive features of the Website, including: rules for the Buyer’s selection of Goods from the product items presented on the Website; the procedure for the Buyer to place an Order on the Website; the procedure for paying for the Order placed on the Website; the procedure for delivering the goods ordered on the Website; the procedure for transferring ownership of the goods to the Buyer, and other essential conditions.
3.3. The date of conclusion of this Agreement – the Public Offer (acceptance of the offer) and the moment of the Buyer’s full and unconditional acceptance of the terms of this Agreement is considered the date the Buyer places an Order by:
- Placing an Order by the Buyer on the Website in the Personal work cabinet (filling out the Order form placed on the Website);
- Sending the Order to the Seller’s email;
- Placing an Order by phone indicated in the contacts section of the Website, provided that the Buyer receives confirmation of the order from the Seller in electronic form. As confirmation of the Order, the Seller sends the Buyer an invoice or an order form to the email address specified by the Buyer. If necessary, at the Buyer’s request, the Agreement can be drawn up in written form.
4. Order Procedure
4.1. The Buyer has the right to place an Order for any goods presented on the Website.
4.2. The goods presented on the Website include:
4.2.1. Goods available at the Seller's warehouse;
4.4. The Buyer independently places an Order on the Website by:
- Placing an Order on the Website and filling out the Order form placed on the Website;
- Sending the Order to the Seller’s email;
- Placing an Order by phone indicated in the contacts section of the Website. Based on the placed Order, the Buyer receives an invoice or an order form from the Seller. A copy of the corresponding document is sent to the Buyer’s email address.
4.6. The sale of Goods to the Buyer is carried out in the national currency.
5. Price of Goods. Payment Procedure and Methods
5.1. Prices for Goods are determined by the Seller independently and indicated on the Website in hryvnias. The price of the goods does not include the cost of delivery.
5.3. The cost of delivery and other related services is indicated on the Website.
5.4. The Buyer may pay for the ordered Goods by one of the following methods:
5.4.1. Using a Visa or MasterCard when placing an Order through the payment system integrated with the Website (Internet acquiring), namely: ____________________________________________________________________;
5.4.2. By transferring funds to the Seller’s bank account according to the invoice received from the Seller.
5.6. In case of Order cancellation or return of Goods, the funds paid by the Buyer for the Goods are subject to return to the Buyer. The refund to the Buyer is made:
To the Buyer’s bank card number, from which the Order was paid, through the payment system integrated with the Website; To the bank card number provided by the Buyer for the refund, if payment was made by the Buyer according to the Seller’s details through the bank cashier; To the Buyer’s settlement account in case of non-cash payment. The refund is made based on a written request from the Buyer, which must include the following information:
Surname, first name, patronymic, address, contact phone number, and email address of the Buyer; Reason for the refund; Bank account/card details of the Buyer. 5.7. Refund period – up to 10 business days after the Seller receives a properly completed written refund request from the Buyer.
5.8. The Seller has the right to independently establish means of payment by the Buyer for specific categories of Goods.
6. Delivery Terms
6.1. Delivery of the Goods purchased on the Website within the country is carried out as follows:
6.1.1. To the receiving and dispatching points of the transport and courier company (by default – "Nova Poshta") at the Seller's expense, if the value of the paid Goods exceeds UAH 7000.00.
6.1.2. The Seller has the right to unilaterally change the delivery terms specified in clause 6.1.1 of this Agreement. Changes take effect from the moment they are reflected on the Seller's Website in the relevant section of the new delivery terms at the Seller's expense. The Seller cannot change the delivery terms established in clause 6.1.1 of this Agreement for Goods ordered by the Buyer earlier, before the changes are made.
6.1.3. Delivery of the Goods directly to the Buyer’s address "to the door" using the transport and courier company is carried out at the Buyer’s expense unless otherwise provided by a separate written agreement between the Seller and the Buyer. The need for door-to-door delivery must be agreed with the Seller in advance, before dispatching the Goods.
6.1.4. Delivery of Goods to temporarily occupied territories does not occur.
6.1.5. Delivery times for paid Goods are determined by the transport and courier company (carrier) taking into account the method of transportation and are counted from the day the cargo was delivered by the Seller to the carrier’s branch for further dispatch to the Buyer.
6.1.6. The date of dispatch of the Goods to the Buyer is considered:
the day of receipt of payment from the Buyer for the ordered Goods – if the payment is received by the Seller before 14:00;
the next working day after the day of receipt of payment from the Buyer for the ordered Goods – if the payment is received by the Seller after 14:00.
6.1.7. The Seller is not responsible for violations by the transport and courier company of the delivery times declared by the transport and courier companies on their websites, at the cargo acceptance and delivery points, and in the official documents of such companies.
6.2. The Seller provides the Buyer with shipping documents for the Goods, drawn up in accordance with the current legislation of Ukraine.
6.3. The Seller undertakes to make every effort to adhere to the delivery times specified on the Website.
6.4. The date of receipt of the Goods is considered to be the date of signing by the Buyer of a document confirming the acceptance of the Goods (waybill, acceptance certificate, forwarding declaration) or the actual date of receipt of the Goods by the Buyer. To receive the Goods, the recipient – the Buyer or their representative – must present a document confirming their identity (passport) and a power of attorney if the Goods are received by the Buyer’s representative.
6.5. Upon receipt of the Goods, the Buyer is obliged to check them for mechanical damage and completeness and, if any discrepancies are found, to make claims on-site to the representative of the transport and courier company or the Seller's employee responsible for issuing the Goods. Otherwise, the Seller will not accept or consider claims regarding mechanical damage to the Goods. The Seller is not responsible for the actions of the company delivering the Goods to the Buyer.
6.6. The Buyer has the right to break the packaging of the Goods, inspect the Goods, and dispose of the Goods in any manner at their own discretion only after full payment. This does not deprive the Buyer of the rights provided by the Law of Ukraine "On Consumer Protection" regarding the return of Goods.
6.7. The Buyer has the right to appoint a third party as the recipient of the Goods, providing the necessary data for identifying such a recipient and delivering the Goods to them in the order form.
6.8. Delivery conditions for specific categories of Goods are set by the Seller on the Website.
7. Return Conditions
7.1. The Buyer has the right to exchange or return to the Seller Goods of adequate quality if they do not meet their expectations in terms of form/size/style/color/size or for other reasons cannot be used for their intended purpose. The Buyer has the right to exchange or return Goods of adequate quality within 14 (fourteen) days, excluding the day of purchase. The exchange or return of Goods of adequate quality can occur if the Goods have not been used and their appearance, consumer properties, seals, labels, and the receipt issued to the Buyer with the sold Goods are preserved. Returns or exchanges of Goods ordered by the Buyer on the Website for reasons not related to their quality and key characteristics are at the Buyer’s expense.
7.2. In case of discovering defects in the Goods within the established warranty period, the Buyer has the right to present claims to the Seller in the manner and within the time limits established by the legislation of Ukraine, as provided by the Law of Ukraine "On Consumer Protection."
7.3. The Seller will consider the claims provided by the Law of Ukraine "On Consumer Protection" subject to the Buyer providing the necessary documents stipulated by current legislation of Ukraine.
8. Rights and Obligations of the Parties
8.1. The Buyer is obliged to:
8.1.1. Independently place an order on the Seller’s Website, providing accurate personal data for prompt receipt of the required Goods;
8.1.2. Before placing the Order, familiarize themselves with the contents of this Agreement and accept its terms for purchasing the Goods;
8.1.3. Before placing the Order, familiarize themselves with the information about the Goods posted on the Website;
8.1.4. Place Orders for Goods through their personal working cabinet on the Website;
8.1.5. Independently determine the method of payment and delivery of the Goods;
8.1.6. Pay for the ordered Goods on time;
8.1.7. Upon receipt of the Goods, ensure their integrity and conformity to the Order. In case of damage to the Goods and/or non-conformity with the Order, document this in the presence of a representative of the transport and courier company or a Seller's employee;
8.1.8. Check the technical condition/operation of the Goods and their compliance with the technical specifications declared by the Seller. In case of faults or non-compliance with technical specifications, immediately inform the Seller.
8.2. The Buyer has the right to:
8.2.1. Demand that the Seller provides services in accordance with the terms of this Agreement;
8.2.2. Receive a replacement for defective/damaged Goods or a refund of the paid amount for the Goods if the defect/damage was not caused by the Buyer;
8.2.3. Obtain a replacement for Goods if they do not meet the technical specifications declared on the Website. Alternatively, in this case, return the full cost of the Goods.
8.2.4. Receive advice from the Seller regarding the characteristics of the Goods and the rules/procedure for placing Orders in the personal cabinet.
8.3. The Seller is obliged to:
8.3.1. Adhere to the terms of this Agreement;
8.3.2. Transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s Order;
8.3.3. Be responsible within the limits of warranty obligations for the quality of the Goods, their service life, compliance with declared characteristics, and overall operational condition;
8.3.4. Transfer the Goods to the Buyer in proper packaging, which corresponds to the technical documentation of the Goods;
8.3.5. Ensure the integrity of the Goods during transportation;
8.3.6. Ensure the Website contains accurate information about the technical specifications and configuration of the Goods, as well as their usage conditions;
8.3.7. Replace the Goods paid for by the Buyer at the Seller’s own expense or refund the Buyer the cost of the Goods under the terms specified in this Agreement;
8.3.8. Not disclose any private information about the Buyer or provide access to this information to third parties, except as required by current legislation of Ukraine or at the Buyer’s request;
8.3.9. Provide Buyers with verbal consultations by phone or by other means of communication on the issues of placing Orders.
8.4. The Seller has the right to:
8.4.1. Change the terms of this Agreement, as well as the prices for Goods unilaterally by posting them on the Website. All changes take effect from the moment of their publication.
8.4.2. Unilaterally suspend the performance of obligations under this Agreement in case of the Buyer’s breach of its terms.
8.4.3. Change the information about the Goods presented on the Website in case of detecting errors and discrepancies in technical specifications; in case of changes in commercial terms of cooperation with Buyers; according to changes in tax or customs legislation; in case of changes in Goods prices, and in other cases.
8.4.4. Refuse to replace the Goods or return the money for the Goods in case of unfounded claims by the Buyer, upon detecting false or disputed information provided by the Buyer as a reason for Goods replacement/money return.
8.4.5. Engage third parties at its discretion to fulfill its obligations to the Buyer.
9. Liability of the Parties
9.1. The parties are liable for non-performance or improper performance of the terms of this Agreement in accordance with this Agreement and the current legislation of Ukraine.
9.2. The Seller is not liable for defects in the Goods that arise after their transfer to the Buyer due to the Buyer's violation of the rules of use or storage of the Goods, actions of third parties, or force majeure circumstances.
9.3. In the event of force majeure circumstances, the parties are exempt from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances are events of an extraordinary, unavoidable, and unpredictable nature that exclude the possibility of fulfilling this Agreement or objectively hinder it, the occurrence of which the Parties could not foresee and prevent (natural disasters, epidemics, wars, etc.).
9.4. The terms specified on the Website are preliminary conditions for purchasing Goods. Specific terms of sale may be determined by the Seller during the conclusion of an individual contract with the Buyer.
10. Confidentiality and Personal Data Protection
10.1. By accepting the terms of this Agreement and providing their personal data on the website during order placement, the Buyer gives the Seller their voluntary consent to process, use (including transfer) their personal data, and perform other actions as provided by the Law of Ukraine "On Personal Data Protection" without limitation of the term of such consent.
10.2. The Seller agrees not to disclose information received from the Buyer. Providing information to contractors and third parties for the purpose of ensuring the implementation of sale-purchase relations, consumer rights protection, advertising, and marketing research is not considered a breach. The Buyer also consents to the transfer (distribution) of their data to transportation, forwarding, and courier organizations, any banks and/or financial institutions, and other third parties (without limitation) at the Seller's discretion, as well as in cases where such disclosure is required by the current legislation of Ukraine.
10.3. The Buyer is responsible for providing and maintaining their personal data in an up-to-date state. The Seller is not liable for poor performance or non-performance of their obligations due to outdated or inaccurate information about the Buyer.
11. Information Notifications
11.1. By placing an order on the website, the Buyer consents to receive informational notifications from the Seller and its partners acting on the basis of a contract with the Seller, via SMS, email, and messengers.
11.2. The Buyer has the right to unsubscribe from receiving such notifications at any time by writing to the Seller's email address specified in the Contacts section.
12. Use of Materials Posted on the Website
12.1. The Website contains materials, trademarks, trade names, and other legally protected materials, including texts, photographs, graphic images, and videos.
12.2. All content on the Website is protected by the legislation of Ukraine and international agreements.
12.3. The Buyer or any other third parties are not permitted to use materials posted on the Website, including making changes, copying, publishing, transferring to third parties, etc.
13. Other Conditions
13.1. This Agreement is concluded in the territory of Ukraine and operates within the framework of the current legislation of Ukraine.
13.2. All disputes between the Buyer and the Seller are resolved through negotiations. If it is not possible to resolve the dispute through negotiations, the Buyer or Seller has the right to refer the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
13.3. The Seller has the right to unilaterally amend this Agreement. Additionally, changes to the Agreement may also be made by mutual consent of the Parties in the manner provided by the current legislation of Ukraine.
14. Term of the Agreement and Procedure for Termination
14.1. This Agreement is effective until all obligations of the parties are fulfilled, except in cases of early termination.
14.2. Before the expiration of the term, this Agreement can only be terminated by mutual consent of the parties before the actual delivery of the Goods to the Buyer by refunding the Buyer.
14.3. This Agreement may be terminated by court decision at the request of one of the parties in the event of a substantial breach of the terms of this Agreement by the other party.