Attention!!! Before using Chudobox.com, read these terms and conditions carefully. If you do not agree to these terms, do not use the Chudobox.com website. The use of the Chudobox.com website, including filling in various forms, applications, and ordering goods / services means that you accept terms of this Customer Agreement.
1. TERMS USED IN THIS CUSTOMER AGREEMENT
Agreement – this User Agreement.
Site – a site with the functionality of an online store, owned by private entepreneur A. A. Gerasimenko.
The rightholder – private entepreneur A. A. Gerasimenko who owns the exclusive rights to the Site.
Administration – authorized persons of the Rightholder who maintain and operate the Site, receive and process orders and their further execution.
User – a person viewing information on the Site and / or ordering and / or receiving Goods with the use of the tools of the Site. A Recipient and a Payer are Users.
Seller – a legal entity or an individual entrepreneur who posts information on the goods / services sold by them on the Site. A Seller can be either the Administration or any other person to whom the Administration has granted the permission to post information about the goods / services of this person on the Site. A Seller’s name is indicated in the documents for the transfer of Goods to a Recipient (delivery note, delivery-acceptance certificate or other documents confirming the transfer of Goods to a Recipient).
Payer –a person paying an Order.
Recipient – a person indicated by a Payer as a person authorized to receive the Goods according to an Order. Unless otherwise indicated in the order form, a Recipient is a Payer.
Courier –a natural or legal person authorized by the Administration to deliver a paid Order to the address specified in an Order.
Offer – information posted on the Site about specific Goods that can be purchased by a consumer. An Offer includes: information about Goods themselves, information about its price, methods of payment and delivery, as well as other conditions of the purchase of goods. Conditions of an Offer are determined by the Administration and / or a Seller.
Goods – goods, services, works, property rights, other tangible and intangible objects, information about which is posted on the Site and which a User can purchase using the functionality of the Site.
Order – a User’s request to a Seller through the Site to sell Goods, or a set of Goods ordered by aUser using the functionality of the Site.
Tariff – a set of delivery terms, which determine its cost and allow to choose the optimal delivery time depending on the type of delivery.
Cart – an interface element of the Site intended for temporary storage of selected Goods before placing an Order.
Favorites – an interface element of the Site intended for temporary storage of information about the Goods that interest a User with the aim of their quick subsequent search in the catalog.
Service of Payment with Ermarked Funds – section of the site, which allows users to store non-cash funds on the Site in order to use them to pay the Goods on the Website later.
Planned Delivery Time – date and time of delivery specified by a User in the appropriate fields of the Site while ordering.
2. GENERAL TERMS
2.1. The Site is a computer program, which is a platform for selling and packaging goods, as well as organizing their delivery;
2.2. This Agreement is an open and public document. The current edition of the CUSTOMER AGREEMENT is available on the website in the ‘CUSTOMER AGREEMENT’.
2.3. The use of the Site by a User means the acceptance and confirmation of the User's consent to the terms of this Agreement.
2.4. By accepting the terms of this Agreement, a User confirms that their age is at least 18 years old, confirms their legal capacity, confirms the accuracy of their personal data and assumes full responsibility for their accuracy, completeness and reliability.
2.5. By accepting the terms of this Agreement, a User agrees to the processing of their data by the Copyright Holder including personal data entered by the User on the Site.
2.6. The terms of this Agreement are a public offer in accordance with Art. 641 of the Civil Code of Ukraine. The Rightholder grants a User the right to access and use the Site under the terms of this Agreement.
2.7. This Agreement may be amended and / or supplemented by the Rightholder unilaterally. At the same time, the continuing use of the Site after amendments and / or additions to this Agreement means that a User agrees with such amendments and / or additions, consequently the User undertakes to regularly monitor amendments to the Agreement.
2.8. User’s appeals, suggestions and claims to the Rightholder related to the operation of the Site may be sent to the email address: firstname.lastname@example.org.
2.9. A User assumes all possible risks including the material ones and associated with their actions while using the Site.
2.11. The site is provided on an ‘As is’ principle. The Rightholder / Administration is not responsible for errors, failures, safety of User data and other shortcomings and violations in the work of the Site and their consequences for a User including damage, real damage, loss of profit, moral damage and damage to honor, dignity and business reputation.
3. USER’S RIGHTS AND OBLIGATIONS
3.1. A User agrees to properly comply with the terms of this Agreement.
3.2. A User is entitled to use the Site solely for the purpose of personal use. The User may use the Site only in accordance with the terms of this Agreement.
3.3. A User agrees not to use the Site in violation with the rights and legitimate interests of the Rightholder, third parties and this Agreement.
3.4. A User undertakes to take appropriate measures to ensure the safety of their PC, mobile device and other devices with which he accesses the site and is personally liable if their PC, mobile device and other devices with which they access the site are accessed by third parties.
3.5. A User is prohibited to intervene independently or with the involvement of third parties in the code of the Site and its API, as well as to implement reverse engineering of the Site and its API.
3.6. A User is responsible for the use of the Site by any means including methods not expressly permitted in this Agreement.
3.7. A User shall not perform any unauthorized actions with the Site including hacking of the Site paid functions.
3.8. This Agreement may be amended and / or supplemented by the Rightholder unilaterally. At the same time, the continuing use of the Site after amendments and / or additions to this Agreement means that a User agrees with such amendments and / or additions, consequently the User undertakes to regularly monitor amendments to the Agreement.
3.9. A User agrees that the Rightholder can process their personal data to improve the service and collect market statistics, namely: last name, first name, contact phone number and email address.
In this case, the User enjoys the rights provided by art. 8 of the Law of Ukraine ‘On Personal Data Protection’.
3.10. If a User prohibits to process their personal data, the Rightholder unilaterally terminates this Agreement. In this case, the User must immediately stop using the functionality of the Site accessible to authorized Users. In the case of the User’s non-compliance of this condition, Rightholder is not responsible for the processing (use) of personal data previously provided by the User.
4. RIGHTHOLDER’S RIGHTS AND OBLIGATIONS
4.1. The Rightholder has the right to transfer to third parties the rights and obligations under this Agreement in order to implement this Agreement without the User’s additional consent.
4.2. The Rightholder has the right to send a User in any way information about the functioning of the Site, among other things to send advertising, informational and other messages to an e-mail address or a phone number specified by the User, or to post the relevant information on the Site.
4.3. The Rightholder has the right to provide Users with paid and free services. The Rightholder informs a User about the terms of the provision of paid services by posting relevant information about a service (the name of a service, its cost, form and method of payment) on the Site.
4.4. The Rightholder has the right to block the User’s access to the Site or to a part thereof in the event of the User’s violation of this Agreement.
4.5. The Rightholder has the right, subject to paragraph 3.9 of this Agreement, to carry out processing of personal data of a User. Data is used to improve the service and collect statistics on the market. At the same time, the Rightsholder undertakes to use personal data fairly and lawfully in accordance with the legislation on the protection of personal data. In the event of a change in the purpose of processing personal data, the Rightholder must notify a User and obtain their consent for the processing of their data in accordance with the changed purpose.
4.6. The Rightholder has the right, without prior notice, to limit, suspend or terminate the use of the Site without recovering losses to a User , including when the Rightholder has evidence to believe that a User or their affiliates (intentionally or unintentionally):
- violate laws, provisions of this Agreement or rights and legitimate interests of third parties using the Site;
- use the Site in bad faith, excessively or not in accordance with its function;
- harm the Site or its performance;
- make attempts of unauthorized access to the Site and information on it;
- pose a threat of failure of the Rightholder and / or third parties’ hardware and / or software , as well as in other cases;
- in the cases provided for by paragraph 3.10 of this Agreement.
4.7. The Rightholder has the right to restrict, suspend or terminate use of the Site without notice in the event of an instruction / a decision of a state or other authorized body.
5. GUARANTEES AND LIABILITY OF THE PARTIES
5.1. Third parties may be involved to implement this Agreement. A User confirms that the specified third parties are granted the same rights as the Administration to fulfill obligations under this Agreement.
5.2. A User guarantees that they would not take any action aimed exclusively to cause harm to the Rightholder, cellular mobile operators or others.
5.4. A User is solely responsible for unauthorized access of third parties to the Site through PCs, mobile devices and other devices with which they access the site.
5.5. In case of loss, deletion or damaging of information entered by a User on the Website as a result of the User’s actions / inactions, hacking of the electronic wallet, loss of the password or transfer of passwords by the User to all third parties, the User is liable for damage caused to the Rightholder.
5.6. Recognizing the international nature of the Internet, a User assumes responsibility for compliance with all local regulations and laws related to the User's network.
5.7. The use of materials from the Site without the Rightholder’s consent is not allowed.
5.8. User’s entries, images and messages on the Site, which are sent to a Seller or other persons should not conflict with the requirements of the legislation of Ukraine and generally accepted moral and ethical standards.
5.9. A User is warned that the Rightholder is not responsible for their visit and use of external resources, links to which may be found on the Site.
5.10. A User accepts that all the Site materials and services or any part of them may be accompanied by advertising. The User agrees that the Rightholder does not bear any responsibility and does not have any obligations in connection with such advertising.
6. PRODUCT INFORMATION
6.1. Information about the Goods may be contained on the Goods themselves, their packaging or in their shipping documents. Information about the Goods can also be provided remotely (by phone, by posting information about the Goods on the Site). A User confirms their consent to receive information about the Goods by means of telecommunications.
6.2. In the case of the Goods price change, a User / a Recipient has the right to refuse to receive and accept the Goods. In this case, a User, a Recipient, or a 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 compensation for damages, penalties, etc.) by the Seller or the Administration is not available.
7. ORDER RECEIPT AND CANCELLATION
7.1. A User orders Goods through the purchase service on the Site, as well as through consultants of the online store ’Chudobox‘ by phone 050-500-10-82, 097-500-10-82 during its opening hours.
7.2. While ordering, a User selects a product by its description in the e-catalog, as well as informs their phone number and other contact information. In this case, the phone number must be valid and ensure that the User (Recipient) can receive SMS messages.
7.3 The administration does not make telephone calls to the contact numbers of a User who is in roaming or to the numbers of foreign telephone companies.
7.4 A User has the right to cancel an unpaid Order at any time, but is obliged to notify the Administration about the cancellation of the order as soon as possible by calling 050-500-10-82, 097-500-10-82.
7.5 A buyer has no right to refuse to accept the Goods at the time of delivery (transmission). In the case of claims on quantity, quality and other characteristics of the Goods the buyer may exercise its rights in accordance with the Law of Ukraine ’On Consumer Rights Protection’.
8. PRICE OF GOODS. PAYMENT
8.1. A buyer is obliged to pay for the Goods at the price specified in the order or informed by a consultant of the Chudobox online store, as well as their delivery on the terms of full-cost advance payment forthe Goods and their delivery services.
8.2. The cost of delivery is indicated when ordering Goods and paid together with the payment for the Order.
8.3. If a Buyer selects Goods for purchase and at the same time places them in the Site Cart, but does not pay for them, or adds the Goods to Favorites for subsequent purchase, then such Goods are paid at the price valid at the time of payment.
8.4. Methods of payment for Goods:
· In cash upon receipt of Goods at the issue points of the company ’Novaya Pochta’
· By bank card - when buying on the Site and delivering to the address indicated.
· Using the payment service integrated on the Website;
8.5. A Seller may set other payment methods not provided for in this Agreement.
8.6. If a buyer orders delivery of the Order to the selected address, the cost of such delivery is paid by the buyer at the time of payment for the Order.
9. DELIVERY OF GOODS. TRANSFER OF GOODS OWNERSHIP RIGHT
9.1. Having accepted a User’s Order, the Administrationundertakes to provide the User with the Goods that the User has selected in accordance with clause 7.1 of the Agreement. The User / Recipient can also receive the Goods in the Chudobox online store by themselves.
9.2. The delivery service of the Goods to the location indicated by a User is paid and represents the Administration remuneration for the provision of the service assigned by the User.
9.3. The requirements (claims) of a User / a Recipient are considered at the location of a Seller regarding the quality, completeness, safety, warranty repair and exchange of the Goods delivered to the User / the Recipient under the terms of this Agreement.
9.4. Ownership of the Goods, as well as the risk of accidental destruction (damage) of the ordered Goods are transferred from a Seller to a User / a Recipient from the moment of the actual transfer of the Goods to the User / the Recipient, which is certified by the Recipient signing of the consignment note or other document equivalent to it.
9.5. Delivery of Goods is carried out on the basis of the User’s application while purchasing, which indicates the time and address of delivery as well as the Goods receiver data.
9.6. A User has the right to change the time and address of delivery informing the Administration at least 24 (twenty four) hours before the scheduled delivery time. To do this, a User or a Recipient must call the Administration and report changes in the time or address of delivery. At the same time, the price of the delivery service can be recalculated based on the new time and address of delivery.
9.7. Before handing over the Goods to a Recipient, the Administration stores the for a period not exceeding one (1) month, subject to the conditions provided for in paragraphs 9.16, 9.17 of this Agreement.
9.8. After placing a delivery Order, a User may refuse from the Goods delivery no later than 48 (forty-eight) hours before the scheduled delivery time. In this case, the User / the Recipient must agree with the Store Administration on an alternative procedure for receiving the Goods.
9.9. In case of the User’s refusal from delivery less than 48 (forty-eight) hours before the scheduled time of delivery, the amount of payment for the delivery is of non-refundable.
9.10. Immediately before the delivery of the Goods to a User / a Recipient, a Courier can contact the User / the Recipient by the contact phone number provided while ordering, and set up a delivery time one more time. These actions are not mandatory for the Courier.
9.11. Delivery is carried out to the address specified by a User when placing their Order. The User is solely responsible for the accuracy of the data containing the delivery address and the Recipient's contact information.
9.12. Upon receipt of Goods, in case of compliance of their appearance, quality and completeness with the characteristics specified in the Order, a Recipient shall sign an invoice for the Goods delivery or another document equal to it.
9.13. In all cases of the User / Recipient’s refusal from the receipt of the Goods, the settlement of controversial issues is made at the office of the Chudobox online store.
9.14. If a Recipient is absent at the delivery address at the agreed delivery time, a Courier, within 15 (fifteen) minutes upon his arrival to the delivery address, performs, with at least 10 (ten) minute interval, 2 (two) telephone calls to the number specified by a Buyer while placing the Order as the Recipient’s contact number of to notify the latter of the Courier’ arrival with the Goods to the specified delivery address and the inability to hand over the Goods. At the same time, during the telephone conversation, the Courier explains to the Recipient how to receive the Goods in accordance with the provisions of paragraphs 9.16 and 9.17 of this Agreement and informs them that due to the inability to hand over the Goods to the Recipient, the Goods shall be returned to the office of the Chudobox online store.
9.15. If after the expiry of 3 (three) working days from the moment of the Goods clearance or from the specified delivery date the Goods are not taken by a User / a Recipient, the storage price of the Goods will be 10 (ten) UAH for every day that begins, but not more than 1 (one) month. If the User refuses to pay the full cost for the storage of the Goods, the Administration has the right not to hand over the Goods to the User / the Recipient until the full payment is made for the Goods storage.
9.16. If after the expiry of one (1) month from the date of return to the office of the online store «Chudobox» items are not taken by a User / a Recipient, the Administration has the right to dispose of this product at no charge for charitable or promotional purposes, in promotions and lotteries, etc. At the same time, no costs are reimbursed to the User.
9.17. Services for the delivery of Goods to a User / a Recipient provided for by this Agreement shall be considered to be fully delivered in from the moment when the Recipient signs the delivery note or another document equal to it.
9.18. The signing of the delivery note or another document equal to it by the Recipient indicates the acceptance of the Goods by the User / the Recipient and the absence of any comments on the Goods appearance, quality and / or completeness, and also that the Rightholder has fully implemented the delivery services of the Goods under this Agreement on time and properly.
9.19. The only means of compensation that is provided to a User in case of non-compliance of the actual conditions of sale to the offer, is to give the User (Recipient) the right to refuse to receive and accept the relevant Goods and to demand to refund their cost, as well as the cost of the Goods delivery to the point of issue (if this money was actually paid). The User / the Recipient has the right to use this right until the moment of signing the documents confirming the receipt of the Goods (including the carrier’s documents on the Goods delivery to the Recipient).
9.20. The moment of the Goods receipt and acceptance by a Recipient is the moment (whichever comes first):
- the Recipient has signed the Goods Acceptance Act (or another equivalent document confirming the fact of the Goods hand-over to the Recipient), or
- signing of the carrier’s documents by the Recipient confirming the fact of the receipt of the Goods, or
- the actual receipt of the Goods by the Recipient and the performance of actions indicating acceptance of the Goods by the Recipient (the Recipient received the Goods and left the point of issue of the Goods, etc.).
9.21. A User has the right to designate a third person as the Recipient of the purchased Goods. In this case, the User is obliged to indicate the necessary data in the Order Form to identify the Recipient and the deliver the Goods to them. In this case, the relations of the parties are subject to the provisions of Art.636 of the Civil Code of Ukraine.
9.22. To hand over Goods to a Recipient, the latter is obliged to present an identity document upon receipt of the Goods.
9.23. Upon receipt of Goods, a Recipient must sign the documents confirming the receipt of the Goods.
10. LIMITATION OF LIABILITY
10.1. The Rightholder’s responsibility for changes in the terms of purchase of the Goods compared to those indicated on the Website is limited by the fact that a Recipient (User, Payer) has the right to refuse to purchase the Goods and to demand the return of the money paid for it (if paid).
10.2. In any case, the amount of losses (both material and non-material) that can be paid to a User (Payer, Recipient) due to the violation of their rights when using the Site (including due to non-fulfillment of the Order or its improper performance, other violations of the User’s rights) is limited to the amount of 10 (ten) UAH in accordance with Art. 22 of the Civil Code of Ukraine.
10.3. For Goods, for which the warranty period is established, warranty obligations are valid in accordance with the conditions specified in the warranty card and / or manufacturer’s information materials. If in accordance with the legislation of Ukraine, certain Goods must have a warranty period, but it has not been established by a manufacturer, the warranty period for such Goods is considered to be 3 (three) days.
10.4. A User is responsible for the accuracy of the data specified in the order form. If inaccurate (incorrect) indication of data in the Order resulted in the Seller’s additional expenses related with delivery of Goods to the wrong address or their delivery to the improper Recipient, all losses and expenses associated with this are borne by the User. The Rightholder has the right to withhold the amount of such losses or expenses from the amounts paid by the User / the Payer as the payment for the Goods (to undertake the set-off claims).
11. FINAL PROVISIONS
11.1. A User cannot offer their conditions, but can only join the proposed offer. This Agreement is concluded solely by the buyer’s acceptance of the offer to conclude this Agreement, which contains all the terms of the Agreement, without drawing up a single document in simple written form.
11.2. This Agreement is mixed and contains elements of contracts of adhesion, a public contract, a commission contract, a contract of sale and on a service contract.
11.3. Prior to the conclusion of this Agreement, a user confirms that they, have read its terms, understood them, and entered into this Agreement consciously and without coercion. By sending the Order to the Rightholder, the User confirms that the Rightholder has provided the User with the information given in Part 2 of Art. 13 of the Law of Ukraine ’On Consumer Rights’ in accordance with the current legislation of Ukraine on Languages.
11.4. The Rightholder inaction in the event of violation of the provisions of the Agreement by a User does not deprive the Rightholder of the right to take appropriate actions later to protect their interests, including the protection of the Site copyright materials protected by law. The User confirms that they are familiar with all the clauses of this Agreement and unconditionally accept them.
11.5. In case of any disputes or disagreements related to the execution of this Agreement, a User and the Rightholder shall make every effort to resolve them through negotiations between them. If disputes are not resolved during the negotiations, they shall be settled at the appropriate competent court at the location of the Rightholder.
11.6. None of the Parties to the Agreement shall be liable for failure to fulfill or improper fulfillment of obligations under this Agreement if the proper performance was impossible due to force majeure, that is, circumstances that the Parties could neither foresee nor prevent (fire, flood, strong gusts of wind, earthquakes, other natural phenomena of nature, military actions, etc.).
The Party, for which it was impossible to fulfill the obligations under this Agreement due to force majeure circumstances, must notify the other Party of the occurrence of such circumstances immediately.
The occurrence, effect and (or) termination of force majeure is confirmed by a document issued by the Chamber of Commerce of Ukraine or the regional Chamber of Commerce and Industry authorized by it.
11.7. This Agreement enters into force for a User from the moment of access to the Site and is valid indefinitely.
11.8. Each Party is entitled to unilaterally terminate this Agreement without any further notice to the other Party.
11.9. This Agreement is made in English.
11.10. If any of the provisions of this Agreement is invalidated, it does not affect the validity or applicability of the remaining provisions of this Agreement.