Attention! Before viewing this site carefully read these terms. If you do not agree to these terms, do not use this site. Use of this site, including filling in various forms, applications, as well as your ordering goods/services using this site signifies your acceptance of the terms of this User Agreement.
Terms used in this User Agreement:
Administration – the administration of the website of the online store www.kilimart.com.ua.
Site – website of the online store www.kilimart.com.ua, including all web pages.
Agreement – this user agreement.
Seller – a legal entity or an individual entrepreneur who post information on the products/services sold by him. The seller can be either the Administration or any other person to whom the Site Administration granted permission to post information about the goods/services of such a person. The name of the Seller is indicated in the documents for the transfer of the Goods to the Recipient (acceptance certificate or other documents confirming the transfer of the Goods to the Recipient).
Goods – goods, services, works, property rights, other tangible and intangible objects, information about which is posted on the Site.
User – a person viewing information on the Site and/or ordering and/or receiving Goods using the tools of the Site. The Recipient and Payer are Users.
Order – a request from the User through the Site to the Seller with a request to sell the Product, as well as a set of Products ordered by the User.
Payer – the person paying the Order.
Recipient – the person indicated by the Payer as a person authorized to receive the Goods according to the Order. Unless otherwise specified in the Order Form, the Beneficiary is the Payer.
Verification is the verification of Customer’s personal data, in which a request is routed via the Site. When you enter the correct Login and Password by the User and confirm with the One-Time Password of the Site, the Site allows access to the user’s personal account on the Site.
Personal Account – User Registration is carried out by filling out the registration form, after which he gets access to the “Personal Account”. If you register with a profile on social networks, some Personal data may be automatically entered in your profile, but their completeness and accuracy must be checked before placing orders. The user agrees not to use the “Personal Account” to commit illegal actions, as well as actions that violate the rights or interests of third parties. In case of violation of this rule, the User undertakes to reimburse the Site for all costs incurred in connection with such actions.
Offer – information posted on the Site about a specific product that can be purchased by the consumer. The offer includes: information about the product itself, information about its price, methods of payment and delivery, as well as other conditions for the purchase of goods by the consumer. Conditions of the Offer are determined by the Seller. The offer is not an offer, but only information about possible conditions for the purchase of goods.
1.1. The site is a platform for placing proposals for the sale of goods by sellers. The materials and services of this site are provided “as is” without warranty of any kind. The administration does not guarantee the accuracy and completeness of the materials, programs, and services provided on the Site.
1.2. This Agreement is a public offer. Gaining access to the Site Materials, the User is considered to have acceded to this Agreement.
1.3. The Site Administration has the right to unilaterally change the terms of this Agreement at any time. Such changes come into force from the moment of posting a new version of the Agreement on the site.
1.4. The offer on the Site is not an offer. However, after reading the Offer, the User has the right to make an offer to the Seller (Sellers) by filling out the Order form. Filling in the Order Form is considered to be the User’s offer to the Seller (Sellers) for the User to purchase the relevant Product under the conditions specified in the Offer.
1.5. The user understands that his offer is forwarded by the Administration to the Seller, selected by the Administration. This provision in no way means that the Administration acts as an agent of the Seller and/or assumes any responsibility for the execution of the Order by the Seller.
1.6. The offer is considered accepted by the Seller if the latter has carried out actions indicating acceptance of the User’s offer, namely: he actually shipped the goods, started to provide services or perform works in accordance with the conditions stipulated by the User’s offer.
1.8. Sufficient evidence of the acceptance of the offer by the Seller or the counteroffer (that is, the Parties agree on all essential conditions for the sale of the Goods) is the actual receipt and acceptance of the Goods by the Recipient.
1.9. It is not considered that the Seller accepts the User’s Offer by the Seller and / or the Administration by means of electrical engineering (SMS-informing, email, telephone, etc.) or any other connection notifying the Seller / Administration about the receipt of the User’s Order and / or about the time of its receipt and / or about the price of goods. This notice is solely a notification of the receipt by the Seller of the User’s offer (but not its acceptance) and contains a reproduction of the terms of the offer provided by the User.
1.10. The only means of compensation that is provided to the User in case of non-compliance with the actual terms of the sale of the offer is to give the User (Recipient) the right to refuse to receive and accept the relevant Goods and to demand return of the cost paid for it, as well as the cost of delivery of the Goods to the point of issue (if these amounts are actually were paid by the Payer). The recipient has the right to use this right until the moment of signing the documents confirming the receipt of the Goods (including documents of the carrier on the delivery of the item with the Goods to the Recipient).
1.11. The moment of receipt and acceptance of the Goods the Recipient is the moment (whichever comes first):
– the Recipient has signed the Goods Acceptance Act (or another equivalent document within the meaning of the document confirming that the Goods were transferred to the Recipient), or
– signing by the Recipient of the carrier’s documents confirming the fact of receipt of the consignment containing the Goods, or
– the actual receipt by the Recipient of the Goods and the performance by the Recipient of actions indicating acceptance of the Goods (the Recipient received the Goods and left the point of issue of the goods, etc.).
1.12. Product information.
1.12.1. Information in the Goods is contained on the Goods itself, its packaging, in the shipping documents for the Goods. Information about the Product can also be provided remotely (by phone, by posting information about the Product on the Site). The user confirms his consent to receive information about the product using the means of remote communication +380 44 353 13 17.
1.12.2. Upon receipt of the Goods, prior to signing the documents confirming the receipt of the Goods, the Recipient is obliged to familiarize himself with the information about the Goods contained on the Goods and/or packaging and/or shipping documents. If it is necessary to obtain additional information about the Goods, the Recipient is obliged to contact the Seller and receive the necessary information by means of remote communication before the Recipient takes the Goods.
1.12.3. The price of the Goods indicated in the Offer is indicative. The price of the Goods agreed by the Parties in accordance with paragraphs 1.4.-1.8. The agreements may be modified by the Seller until the Goods are issued to the Recipient.
1.12.4. In the event of a change in the price of the Goods, as compared with the agreed Parties, in accordance with clause 1.4. – 1.7. Agreement terms The recipient has the right to refuse to receive and accept the goods. In this case, the Recipient (Payer) has the right to demand the return of the amounts paid for the Goods, as well as the amounts paid for the delivery of the Goods to the Recipient. Any other compensation (including damages, penalties, etc.) – the Seller or the Administration are not provided.
1.13.1. The site is a platform for placing offers by sellers. In this regard, the Administration (except when the Administration is a Seller) is not liable to the Users (Payers, Recipients) for the execution of the Order by the Sellers and related issues, including but not exclusively:
– for the compliance of the terms of the Offer with the actual conditions of sale of the Goods, for the absence of the Goods,
– for the delay in delivery of goods,
– for the quality of goods,
– for the proper fulfillment of warranty obligations by Sellers and/or manufacturers.
1.13.2. The conditions specified in the Offer are the preliminary conditions for the purchase of the Goods. The terms of the Offer may be changed by the Sellers, including after the Order is accepted for execution. Specific conditions of sale of goods by sellers can be determined and changed by sellers until the transfer of goods to the recipient.
1.13.3. In case of obsolescence of materials (including the terms of the Offer) on the Site, the Administration does not undertake to update them. The administration shall in no circumstances be liable for any damages (including but not limited to damages from loss of profits, data or business interruption) arising from the use, inability to use or the results of using this Site.
1.13.4. A responsibility
Of the Seller for changes in the conditions of purchase of the Goods compared with those specified in the Offer is limited by the fact that the Recipient (User, Payer) has the right to refuse to purchase the Goods and to demand a refund of the money paid for it (if paid for).
1.13.5. In any case, the amount of damages (both material and non-material) that may be paid to the User (Payer, Recipient) due to the violation of his rights when using the Site (including due to non-fulfillment of the Order or its improper performance, other violations of the rights of the User) in accordance with Art. 22 of the Civil Code of Ukraine is limited to ten hryvnias.
1.13.6. The Products for which the warranty period is established are subject to warranty obligations in accordance with the conditions specified in the warranty card and/or manufacturer’s information materials. If in accordance with the legislation of Ukraine, the product must be set a warranty period, but it is not set by the manufacturer, the warranty period for such goods is considered to be three days.
1.3. The user is responsible for the accuracy of the data specified in the Order Form. In case inaccurate (incorrect) indication of data in the Order resulted in additional expenses of the Seller related to delivery of the Goods to the wrong address or delivery of the Goods to the improper Recipient, all losses and expenses associated with this shall be borne by the User. The seller has the right to withhold the number of such losses or expenses from the amounts paid by the Payer as payment for the Goods (to offset the counterclaims).
2. Obligations of the Parties.
2.1. The user undertakes to carefully review this Agreement. In case of disagreement with its terms, the User undertakes to immediately stop using the Site.
2.2. User agrees not to take actions that may be considered as violating Ukrainian laws 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 disruption of the normal operation of the Site and Services Site
2.3. Using materials from the Site without the consent of the owners is not allowed. For the legitimate use of the Site materials, it is necessary to enter into license agreements (obtaining licenses) from the Rights Holders.
2.4. When citing materials from the Site, including protected copyrighted works, a link to the Site is obligatory.
2.5. Comments and other entries of the User on the Site should not conflict with the requirements of the legislation of Ukraine and generally accepted standards of morality and ethics. Comments / Feedbacks posted on the Site are not confidential and can be used by the Site Administration without restrictions.
2.6. The user is warned that the Site Administration is not responsible for his visit and use of external resources, links to which may be contained on the site.
2.7. The user accepts that all materials and services of the Site or any part of them may be accompanied by advertising. The user agrees that the Site Administration does not bear any responsibility and does not have any obligations in connection with such advertising.
2.8. The user understands that the Sellers are separate business entities not controlled by the Administration. The User is aware that the Administration does not have any authority regarding the impact on the performance by Sellers of their obligations regarding the acceptance and/or execution of the Order, as well as obligations arising after the sale of the Goods.
2.9. By registering on the Site, the user agrees to provide accurate and accurate information about himself and his contact information. As a result of registration, you will receive a login and password to enter your Personal Cabinet, for the security of which you are responsible. You are also responsible for all actions under your username and password on the Site. In case of loss of registration data, you agree to inform us about it. The site administration reserves the right to send out our promotional offers to the user number specified in the order. In case of refusal, we undertake to exclude your address from the SMS distribution.
2.10. The site administration has the right to unilaterally cancel the account (Personal Account) of the User if it has not been used for more than 12 months of calendar months in a row without notifying the User.
3. Personal data.
3.1. By placing an Order on the Website, the User agrees to the Administration for the collection and processing (accumulation, storage, adaptation, renewal, use, distribution, depersonalization and destruction) of the data indicated by him, namely: last name, first name, patronymic, e-mail, telephone, address, in order to ensure the realization of the relations of sale and purchase, relations in the field of consumer rights protection, advertising and marketing research, and also gives its consent
to transfer (disseminate) its data to LLC NEW POST (EDRPOU 31316718), to other freight forwarding and courier organizations, and other third parties (without limitation) at the discretion of the Site Administration. This provision is valid for an unlimited period.
3.2. The source of personal data collection is information directly and voluntarily provided by the User.
3.3. The owner of the personal data provided by the User is the Site Administration.
3.4 The personal data subject, in accordance with the Law of Ukraine “On Personal Data Protection”, has the right to be aware of the sources of collection, the location of their personal data, the purpose of their processing, the location or residence (residence) of the owner or manager of personal data or give an appropriate instruction regarding obtaining this information to the persons authorized by it, except as required by law; receive information on the conditions for granting access to personal data, in particular, information about third parties to whom his personal data is transmitted; to access their personal data; receive, no later than thirty calendar days from the date of receipt of the request, except as required by law, whether they are processing personal data, as well as receiving the content of such personal data; make a motivated demand to the owner of personal data with an objection to the processing of their personal data; make a motivated requirement to change or destroy their personal data by any owner and manager of personal data if this data is processed illegally or is unreliable; to protect their personal data from unlawful processing and accidental loss, destruction, damage due to deliberate concealment, non-provision or untimely provision, as well as protection from providing information that is inaccurate or disgrace the honor, dignity and business reputation of an individual; complain about the processing of their personal data to the Authorized person or to the court; apply remedies in case of violation of personal data protection legislation; to caution against the restriction of the right to process personal data during the provision of consent; withdraw consent to the processing of personal data; know the mechanism of automatic processing of personal data; to protection from an automated solution that has legal implications for it.
4. Other conditions.
4.1. The user has the right to designate the third person as the Recipient of the purchased Goods. In this case, the Recipient is obliged to indicate in the Order Form the data necessary to identify the Recipient and deliver the Goods to it. On the relations of the parties, in this case, the provisions of Art. 636 of the Civil Code of Ukraine.
4.2. In order to issue the Goods to the Recipient, the latter is obliged to present upon receipt of the Goods an identity document (passport).
4.3. Upon receipt of the Goods, the Recipient must sign in the documents confirming receipt of the Goods.
4.4. All possible disputes arising from this Agreement or related to it, are subject to resolution in accordance with the current legislation of Ukraine.
4.5. Nothing in the Agreement can be understood as the establishment between the User and the Site Administration agent relations, partnerships, cooperative relations, personal employment relations, or some other relationship not expressly provided for by the Agreement.
4.6. The recognition by the court of any provision of the Agreement as invalid or not enforceable does not entail the invalidity of other provisions of the Agreement.
4.7. Inaction on the part of the Site Administration in the event of a violation by any of the Users of the provisions of the Agreement does not deprive the Site Administration of the right to take later appropriate actions to protect their interests and protect copyrights of the Site materials protected by law. The user confirms that he is familiar with all the clauses of this Agreement and unconditionally accepts them.
4.8.The present Agreement is governed and interpreted in accordance with the legislation of Ukraine. Issues not regulated by the Agreement shall be settled in accordance with the legislation of Ukraine.
5. Collecting private data
You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by following this opt-out link.
We use Facebook Pixel to improve our marketing campaigns based on our visitors’ data.
- Http Headers – Anything present in HTTP headers. HTTP Headers are a standard web protocol sent between any browser request and any server on the internet. HTTP Headers include IP addresses, information about the web browser, page location, document, referrer and person using the website.
- Pixel-specific Data – Includes Pixel ID and the Facebook Cookie.
- Button Click Data – Includes any buttons clicked by site visitors, the labels of those buttons and any pages visited as a result of the button clicks.
- Optional Values – Developers and marketers can optionally choose to send additional information about the visit through conversion tracking. Example custom data events are conversion value, page type, and more.
- Form Field Names – Includes website field names like ‘email’, ‘address’, ‘quantity’ for when you purchase a product or service. We don’t capture field values unless you include them as part of Advanced Matching, conversion tracking, or user properties.
5.3 Google Analytics
To analyze our traffic we use google analytics. It collects following data:
- What website you came from to get here.
- How long you stay for.
- What kind of computer you’re using.
The tracking information allows us to better understand the kind of people who come to our website and what content they’re reading. This allows us to make better decisions about design and writing.