General Provisions
This agreement constitutes an official and public offer by the Contractor to enter into a distance sales contract for the purchase and sale of a product, specifically through the website http://kaiyoswim.com.
This agreement is public, which means that according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur), without granting any preference to one buyer over another. By entering into this agreement, the buyer fully confirms their familiarity with the terms and procedures for placing an order, payment, and responsibility for fraudulent orders and all other terms of the agreement. The agreement is considered concluded from the moment the "Pay" button is pressed on the order confirmation page.
This agreement is legally binding in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and is equally valid as a contract signed by the parties.
By entering into this agreement, the customer automatically agrees to fully and unconditionally accept the provisions of this agreement, the prices of goods and services, and all appendices that are an integral part of the agreement.
If the customer does not agree to the terms of the agreement, they do not have the right to conclude this agreement and are not entitled to use the information product under this agreement.
Each party guarantees to the other party that it possesses the necessary legal capacity and legal competence required and sufficient for the conclusion and execution of the agreement in accordance with its terms.
Terms and Definitions
"Acceptance" means the complete, unconditional, and unreserved acceptance by the customer of the terms of this agreement without any exceptions and/or limitations, and is equivalent to the conclusion of a bilateral written agreement.
"Order" means the selection of specific items from the list of goods specified by the customer when placing an order and making payment.
"Website" means, in accordance with the Law of Ukraine "On Electronic Commerce," a means for presenting or implementing goods, services, work, or goods through the conclusion of an electronic agreement.
"Customer/Buyer" means the person who accepts the terms of this agreement and becomes the customer of the seller's product under the concluded agreement. The customer may be any legally capable individual who has entered into an agreement with the seller on the terms set forth in the offer.
"Executor/Seller" means the business entity that sells the goods or provides the services presented on the website.
"Public offer agreement" is an agreement in which one party, the entrepreneur, undertakes to sell goods or provide services to anyone who applies through the website http://kaiyoswim.com.
Subject of the Agreement
Order Processing and Payment Procedure
Rights and Obligations of the Performer and the Customer
The Performer is obligated to:
- Fulfill the terms of this agreement.
- Objectively inform the Customer about the goods and services and the conditions for their provision on the website.
The Performer has the right to:
- Unilaterally suspend the delivery of goods or provision of services under this agreement in case of the Customer's breach of the terms of this agreement.
- Unilaterally determine the price of the product.
- Exercise other rights in accordance with the current legislation of Ukraine and this agreement.
The Customer is obligated to:
- Timely pay for and receive the order according to the terms of this agreement.
- Familiarize themselves with the information about the product posted on the Performer's website.
The Customer has the right to:
- Place an order for the product specified on the corresponding webpage of the website.
- Demand that the Performer provides the product in accordance with the terms of this agreement.
- Exercise other rights in accordance with the current legislation of Ukraine and this agreement.
The Customer is entitled to all consumer rights in accordance with the current legislation of Ukraine regulating these legal relations.
The Customer is prohibited from:
- Copying and distributing the received product in any way within the scope of this offer.
- Engaging in activities based on the Performer's product.
- Allowing the dissemination of untrue, false information, information that defames the honor, dignity, or business reputation of the Performer, as well as information that incites and promotes interethnic, ethnic, sexual, racial intolerance, hostility, war, changes in the constitutional order of countries, and information whose dissemination is prohibited by the current legislation of Ukraine and the norms of international law depending on the territory of service provision.
Responsibility of the Parties and Dispute Resolution
Protection of Personal Data and Confidential Information
By agreeing to the terms of the offer and accepting its conditions, the Customer provides explicit consent to the processing and use of any personal data that becomes known to the Performer as a result of the provision of services under this agreement, in accordance with the legislation of Ukraine in the field of personal data protection.
By accepting this agreement, the Customer consents to the collection, processing, and transfer of their personal data (including receiving, entering into a database, disseminating, transferring to third parties, supplementing or modifying, destroying, and other actions that the Performer may take with their personal data in written (paper), electronic, and other forms. This includes, but is not limited to, the following data: name, surname, patronymic, date of birth, passport data, identification number, information from the Unified State Register of Legal Entities and Individual Entrepreneurs, including information regarding the tax system, qualification information, contact details, electronic identification data (IP address, telephone, email), as well as other data voluntarily provided by the Customer for the purpose of ensuring the implementation of civil and commercial legal relations. By accepting, the Customer confirms their consent that, if necessary, their personal data may be processed and provided to third parties.
The parties undertake, in accordance with the requirements of Ukrainian legislation on the protection of personal data, to ensure the proper protection of personal data from unauthorized processing and unauthorized access, including taking necessary measures to prevent the disclosure of personal data by employees and/or other authorized persons of the parties to whom such personal data has been entrusted or has become known to them in connection with the performance of obligations under this agreement.
Intellectual Property Rights
The goods and/or services received by the Customer for the fulfillment of the terms of this offer are objects of intellectual property rights and are subject to protection.
Any form of copying, reproduction, distribution, and any similar modifications of the product without the prior written consent of the Performer is prohibited.
Other Provisions
The offer becomes effective upon the Customer's payment for the goods on the website.
If any provision (part) of the offer is or becomes invalid for any reason, it does not affect the validity of other provisions of the offer as a whole.
The Customer guarantees that they understand all the terms of this agreement and accept them unconditionally and in full.
For matters not regulated by this agreement, the parties undertake to comply with the norms of the current legislation of Ukraine.
In accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994, "On the Implementation of Certain Provisions of the Law of Ukraine 'On Consumer Protection,'" the goods sold on the website fall under the list of goods in Annex No. 3 to this Resolution, namely, the list of non-returnable goods of proper quality.
This agreement constitutes an official and public offer by the Contractor to enter into a distance sales contract for the purchase and sale of a product, specifically through the website http://kaiyoswim.com.
This agreement is public, which means that according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur), without granting any preference to one buyer over another. By entering into this agreement, the buyer fully confirms their familiarity with the terms and procedures for placing an order, payment, and responsibility for fraudulent orders and all other terms of the agreement. The agreement is considered concluded from the moment the "Pay" button is pressed on the order confirmation page.
This agreement is legally binding in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and is equally valid as a contract signed by the parties.
By entering into this agreement, the customer automatically agrees to fully and unconditionally accept the provisions of this agreement, the prices of goods and services, and all appendices that are an integral part of the agreement.
If the customer does not agree to the terms of the agreement, they do not have the right to conclude this agreement and are not entitled to use the information product under this agreement.
Each party guarantees to the other party that it possesses the necessary legal capacity and legal competence required and sufficient for the conclusion and execution of the agreement in accordance with its terms.
Terms and Definitions
"Acceptance" means the complete, unconditional, and unreserved acceptance by the customer of the terms of this agreement without any exceptions and/or limitations, and is equivalent to the conclusion of a bilateral written agreement.
"Order" means the selection of specific items from the list of goods specified by the customer when placing an order and making payment.
"Website" means, in accordance with the Law of Ukraine "On Electronic Commerce," a means for presenting or implementing goods, services, work, or goods through the conclusion of an electronic agreement.
"Customer/Buyer" means the person who accepts the terms of this agreement and becomes the customer of the seller's product under the concluded agreement. The customer may be any legally capable individual who has entered into an agreement with the seller on the terms set forth in the offer.
"Executor/Seller" means the business entity that sells the goods or provides the services presented on the website.
"Public offer agreement" is an agreement in which one party, the entrepreneur, undertakes to sell goods or provide services to anyone who applies through the website http://kaiyoswim.com.
Subject of the Agreement
- The Seller undertakes to transfer ownership of the corresponding goods to the Buyer, and the Buyer undertakes to pay for and accept the goods on the terms of this agreement.
- The date of conclusion of the offer agreement (acceptance of the offer) and the moment of full and unconditional acceptance of the terms of the agreement by the Buyer is considered to be the date of filling out the order form located on the website and its payment.
- This genuine offer governs the purchase and sale of goods, including the voluntary choice, independent processing, and payment of the order by the Buyer, placed on the website.
- The Buyer and the Seller confirm that this agreement is not a fictitious or simulated transaction or a transaction entered into under duress or deceit.
Order Processing and Payment Procedure
- The Buyer independently places an order on the relevant page of the website http://kaiyoswim.com by using the payment system and clicking the "Checkout," "Pay," "Order," or similar buttons, or by making an order via email or the phone number provided in the website's contact section.
- The Seller processes the order within up to 3 (three) working days from the moment it is placed on the website.
- The price of the goods or services is indicated in the description on the respective page of the website.
- The Buyer pays for the Seller's goods based on this agreement in the national currency of Ukraine – Ukrainian Hryvnia. The payment methods are specified on the website or by mutual agreement of the Parties.
- The Buyer makes a 100% prepayment for the goods.
- The payment made by the Buyer signifies their acknowledgment and full agreement with the terms of this offer.
- The Seller has the right to unilaterally change the price of the goods until the payment is made by publishing a new price on the website.
- The moment of payment is considered to be the time when the monetary funds are credited to the Seller's current account.
Rights and Obligations of the Performer and the Customer
The Performer is obligated to:
- Fulfill the terms of this agreement.
- Objectively inform the Customer about the goods and services and the conditions for their provision on the website.
The Performer has the right to:
- Unilaterally suspend the delivery of goods or provision of services under this agreement in case of the Customer's breach of the terms of this agreement.
- Unilaterally determine the price of the product.
- Exercise other rights in accordance with the current legislation of Ukraine and this agreement.
The Customer is obligated to:
- Timely pay for and receive the order according to the terms of this agreement.
- Familiarize themselves with the information about the product posted on the Performer's website.
The Customer has the right to:
- Place an order for the product specified on the corresponding webpage of the website.
- Demand that the Performer provides the product in accordance with the terms of this agreement.
- Exercise other rights in accordance with the current legislation of Ukraine and this agreement.
The Customer is entitled to all consumer rights in accordance with the current legislation of Ukraine regulating these legal relations.
The Customer is prohibited from:
- Copying and distributing the received product in any way within the scope of this offer.
- Engaging in activities based on the Performer's product.
- Allowing the dissemination of untrue, false information, information that defames the honor, dignity, or business reputation of the Performer, as well as information that incites and promotes interethnic, ethnic, sexual, racial intolerance, hostility, war, changes in the constitutional order of countries, and information whose dissemination is prohibited by the current legislation of Ukraine and the norms of international law depending on the territory of service provision.
Responsibility of the Parties and Dispute Resolution
- For non-performance or improper performance of their obligations under this agreement, the parties bear responsibility in accordance with the current legislation of Ukraine.
- The Performer shall not be held liable for the non-provision or improper provision of services to the Customer in the event of any circumstances that arise not due to the fault of the Performer (namely, the occurrence of circumstances arising from the fault or negligence of the Customer and/or the occurrence of circumstances arising from the fault or negligence of any third party/parties, as well as the occurrence of force majeure circumstances).
- In the event of any dispute arising from the provisions of this agreement, the parties shall make every effort to resolve it through negotiations for an amicable settlement.
- If it is not possible to resolve the dispute through negotiations, the dispute shall be settled in court in accordance with the current legislation of Ukraine.
Protection of Personal Data and Confidential Information
By agreeing to the terms of the offer and accepting its conditions, the Customer provides explicit consent to the processing and use of any personal data that becomes known to the Performer as a result of the provision of services under this agreement, in accordance with the legislation of Ukraine in the field of personal data protection.
By accepting this agreement, the Customer consents to the collection, processing, and transfer of their personal data (including receiving, entering into a database, disseminating, transferring to third parties, supplementing or modifying, destroying, and other actions that the Performer may take with their personal data in written (paper), electronic, and other forms. This includes, but is not limited to, the following data: name, surname, patronymic, date of birth, passport data, identification number, information from the Unified State Register of Legal Entities and Individual Entrepreneurs, including information regarding the tax system, qualification information, contact details, electronic identification data (IP address, telephone, email), as well as other data voluntarily provided by the Customer for the purpose of ensuring the implementation of civil and commercial legal relations. By accepting, the Customer confirms their consent that, if necessary, their personal data may be processed and provided to third parties.
The parties undertake, in accordance with the requirements of Ukrainian legislation on the protection of personal data, to ensure the proper protection of personal data from unauthorized processing and unauthorized access, including taking necessary measures to prevent the disclosure of personal data by employees and/or other authorized persons of the parties to whom such personal data has been entrusted or has become known to them in connection with the performance of obligations under this agreement.
Intellectual Property Rights
The goods and/or services received by the Customer for the fulfillment of the terms of this offer are objects of intellectual property rights and are subject to protection.
Any form of copying, reproduction, distribution, and any similar modifications of the product without the prior written consent of the Performer is prohibited.
Other Provisions
The offer becomes effective upon the Customer's payment for the goods on the website.
If any provision (part) of the offer is or becomes invalid for any reason, it does not affect the validity of other provisions of the offer as a whole.
The Customer guarantees that they understand all the terms of this agreement and accept them unconditionally and in full.
For matters not regulated by this agreement, the parties undertake to comply with the norms of the current legislation of Ukraine.
In accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994, "On the Implementation of Certain Provisions of the Law of Ukraine 'On Consumer Protection,'" the goods sold on the website fall under the list of goods in Annex No. 3 to this Resolution, namely, the list of non-returnable goods of proper quality.