PUBLIC CONTRACT for using the services of the online store "kleynodwatches.com"
In the edition of 19/07/2023
Public offer (valid throughout Ukraine, with the exception of temporarily occupied territories)
This Public offer (hereinafter referred to as – the Offer and/or Agreement) is an official and public offer of the Seller to conclude an Agreement for the purchase and sale of goods, samples of which are presented on the site https://kleynodwatches.com/. This Agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all Buyers, regardless of their status, without providing an advantage to one Buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and procedure for placing an Order, paying for the Product, delivering and/or returning the Product, liability for an unfair Order, and all other terms of the Agreement. The Agreement is considered concluded from the moment you click the “Place an Order” button or “Buy” and the Buyer receives an order confirmation from the Seller in electronic form; and for the Buyers who place an Order by phone or via instant messengers – from the moment of making a prepayment for the ordered Product. This Agreement is a contract concluded at a distance within the meaning of the Law of Ukraine On Consumer Rights Protection.
Terms and definitions:
KLEYNOD means an online store that can be accessed via a website with an Internet address https://kleynodwatches.com/ (Site), which allows Buyers to make purchases on the terms set out in this Offer and on separate pages (sections) of the Site.
Administrator means KYIV WATCH FACTORY LIMITED LIABILITY COMPANY, which is the owner of the Website, which establishes uniform rules for placing an Order for the purchase of Product in KLEYNOD online store.
Buyer means an individual who has reached the age of 18 and has full legal capacity, who has placed an Order for the purchase of Product in KLEYNOD online store for personal non-commercial use (consumption).
Seller means KLEYNOD TRADE LIMITED LIABILITY COMPANY, which places an offer for the purchase of Product in KLEYNOD online store.
Goods mean watches, accessories, and any other products that are offered for purchase in the online store.
Product sample means an image of an item offered by the Seller for purchase, indicating the price, name, description, and characteristics.
Order means a duly executed and placed request of the Buyer (filled in the appropriate fields in the “Order form” section), for the purchase of Product selected from the list of Product samples, delivery of Product to the address specified by the Buyer, indicating the quantity, and accepted by the Seller.
1. Order placing procedure:
1.1. To place an Order, the Buyer shall select a Product Sample, state the required requested information, quantity, and send a request to the Seller by clicking on the “Place an order” or “Buy” button. The Buyer shall bare responsibility for the accuracy and correctness of the information specified by the Buyer in the order. By clicking on the “Place an order” or “Buy” button, the Buyer thereby guarantees that the data provided by him (full name, mobile phone number, e-mail, etc.) is true, and also agrees to the transfer of his personal data to the Administrator and Seller, their processing, storage and use, including by third parties involved in fulfilling the terms of this Offer.
1.2. By placing and sending the Order for execution, the Buyer shall confirm that:
1.2.1. they agree to all the terms and conditions set out in this Public offer and accept them unconditionally;
1.2.2. they have read information about the Product, the presence (absence) of preferences, discounts, special terms of payment and/or delivery, etc., and received information in the amount sufficient to make a purchase;
1.2.3. all actions performed by them will not contradict the terms of this Public offer;
1.2.4. еhe Products are ordered (purchased) by them in good faith, for the purposes of personal (non-commercial) use.
1.3. After receiving the Order from the Buyer, the Seller shall process it and send confirmation to the email and/or mobile phone number and/or using instant messengers specified by the Buyer in the Order: list of Products, price, Order amount, delivery and payment information.
1.4. The Seller before the actual delivery of the Products to the Buyer at any time has the right to reject the Order (terminate the contract unilaterally) in the event of the actual absence in the warehouse of the Product ordered by the Buyer, by sending an electronic message to the Buyer by e-mail and/or to the mobile phone number and/or using instant messengers. In this case, the rights and obligations of the Parties related to the sale, delivery and transfer of the Product to the Buyer, and payment to the Seller, provided for in this Public offer, are terminated, and the cost of the Product paid by the Buyer shall be returned within 10 calendar days to the card from which the payment was made, or to the account specified by the Buyer.
2. Procedure for placing the Order by phone (in a conversation or by exchanging messages) or using instant messengers:
2.1. To place an Order, the Buyer shall select a Product sample, call one of the phone numbers specified by the Seller, or send a message to this phone number or messenger. Specifies the required information and quantity requested by the Seller. The Buyer shall be responsible for the accuracy and correctness of the information provided by the Buyer when ordering. The Buyer shall guarantee that the data provided by them (full name, mobile phone number, e-mail, etc.) is true, and also agree to the transfer of their personal data to the Administrator and Seller, their processing, storage and use, including by third parties involved in fulfilling the terms of this Offer.
2.2. By placing and sending the Order for execution, the Buyer shall confirm that:
2.2.1. they agree to all the terms and conditions set out in this Public offer and accept them unconditionally;
2.2.2. they have read information about the Product, the presence (absence) of preferences, discounts, special terms of payment and/or delivery, etc., and received information in the amount sufficient to make a purchase;
2.2.3. all actions performed by him will not contradict the terms of this Public offer;
2.2.4. the Products are ordered (purchased) by them in good faith, for the purposes of personal (non-commercial) use.
2.3. After receiving the Order from the Buyer, the Seller shall process it and send confirmation to the email and/or mobile phone number and/or using instant messengers specified by the Buyer when ordering: list of Products, price, Order amount, delivery and payment information.
2.4. The Order made under the terms of this section of the Agreement shall be considered executed and accepted for execution, and this Agreement is concluded from the moment the Buyer makes an advance payment in accordance with the procedure provided for in Section 4 of this Agreement.
2.5. The Seller before the actual delivery of the Products to the Buyer at any time has the right to reject the Order (terminate the contract unilaterally) in the event of the actual absence in the warehouse of the Product ordered by the Buyer, by sending an electronic message to the Buyer by e-mail and/or to the mobile phone number and/or using instant messengers. In this case, the rights and obligations of the Parties related to the sale, delivery and transfer of the Product to the Buyer, and payment to the Seller, provided for in this Public offer, are terminated, and the cost of the Product paid by the Buyer shall be returned within 10 calendar days to the card from which the payment was made, or to the account specified by the Buyer.
3. Order information
3.1. The Seller shall make every effort to provide information about the Product as accurately as possible. However, for technical reasons, it is possible that the information may contain inaccuracies or look incomplete. Therefore, the Seller shall reserve the right to correct errors, change or update information about the Product at any time.
3.2. Taking into account the specifics of the visual display of various Product samples on the monitor screen (mobile device screen), some colors may differ slightly from the colors of real copies of the Product.
3.3. The website of the online store presents Product samples that:
3.3.1. are available in the Seller's warehouse and ready to be transferred to the Buyer under the terms of this Agreement;
3.3.2. are not available in the Seller's warehouse, but available for pre-order, and the term of transfer of such Product is up to 3 (three) months, from the date of conclusion of the contract under the terms of this Public offer;
3.3.3. are not available in the Seller's warehouse, but available for pre-order, provided that the Buyer makes an advance payment, in accordance with the procedure defined in Section 4 of this Agreement; in this case, the term of transfer of such goods is up to 3 (three) months, from the date of conclusion of the Agreement under the terms of this Public offer.
4. Product price and payment terms:
4.1. The Product price shall be indicated in UAH for Buyers in Ukraine. (The price indicated in the foreign currency chosen by the Website user is valid only for non-residents, and the terms of this Offer shall not be applied to relations with a non-resident). The Product price shall not be determined taking into account the tax status of the Seller.
4.2. The Seller has the right to unilaterally change the Product prices offered without warning. Price changes are not allowed only for an Order paid for (in full or on a partial prepayment basis) by the Buyer.
4.3. The Buyer undertakes to pay the Product price that fall under the conditions specified in clause 3.3.1. or clause 3.3.2.of this Agreement, or:
4.3.1. using a Visa, Mastercard card (PrivatBank debit card using the Privat24 method) on the Website at the time of placing the Order;
4.3.2. to transfer cash to the Seller's bank account, independently or through an authorized person-within 2 days from the moment the Seller sends a notification about the readiness to transfer the goods to the Buyer, but in any case, before the Product is transferred from the Seller to the Buyer;
4.3.3. cash on delivery upon receipt of the Product (cash on delivery) through the delivery service “Nova Poshta” (subject to delivery of the Product by the carrier “Nova Poshta”).
4.4. The Buyer undertakes to pay the Product price that fall under the conditions specified in clause 3.3.3. of this Agreement, on the terms of 100% or partial prepayment (the terms, terms of implementation and amount of prepayment are agreed in each case individually, by exchanging messages using e-mail and/or mobile phone number and/or instant messengers specified by the Buyer when ordering). Prepayment shall be made:
4.4.1. using a Visa, Mastercard card (PrivatBank debit card using the Privat24 method) on the Website at the time of placing the Order;
4.4.2. to transfer cash to the Seller's bank account, independently or through an authorized person.
4.5. When placing the Order by phone (in a conversation or by exchanging messages) or using instant messengers, the Buyer undertakes to pay 100% of the price of the ordered goods on the day of receipt of confirmation from the Seller, by depositing funds to the Seller's bank account, independently or through an authorized person.
5. Product transfer procedure:
5.1. Product delivery shall be carried out throughout the territory of Ukraine, with the exception of temporarily occupied territories.
5.2. Unless otherwise agreed upon when placing and confirming the Order, the delivery of the Product to the Buyer shall be carried out by the delivery service or the postal service operator (a legal entity that has the right to forward letters and parcels) by the selected Seller.
5.3. The Buyer shall pay the cost of Product delivery (except watches) to the Buyer within Ukraine. The Seller shall pay the cost of delivery of the WATCHES to the Buyer within Ukraine.
5.4. The Buyer shall pay the cost of delivery when returning the Product to the Seller (regardless of the reasons for the return).
5.6. Delivery of Product shall be carried out on the terms of Incoterms as amended in 2020 - FCA of the carrier's branch selected by the Seller to send to the Buyer. The Buyer shall bear further risks for transporting the Product independently. The Seller is responsible for the Product until it is delivered to the carrier. The Seller shall indicate the delivery address of the Product specified by the Buyer when placing the Order.
5.7. The Seller is obliged to transfer to the carrier for delivery to the Buyer:
5.7.1. The Product that falls under the conditions specified in clause 3.3.1. of this Agreement within 5 days from the date of sending the Order confirmation to the Buyer (taking into account the specifics of the Order execution made by phone (in a conversation or via messaging) or using instant messengers);
5.7.2. The Product that falls under the conditions specified in clause 3.3.2. of this Agreement - within 3 (three) months from the date of sending the Order confirmation to the Buyer (taking into account the specifics of the Order execution made by phone (in conversation or via messaging) or using instant messengers);
5.7.3. The Product that falls under the conditions specified in clause 3.3.3. of this Agreement within (three) months from the date of receipt of payment (prepayment) for the price of such Product under the terms of this Agreement.
5.8. The Seller is considered to have fulfilled its obligations to the Buyer in full at the time of delivery of the Product to the carrier for delivery to the Buyer.
5.9. Ownership of the Product and the associated risks shall be transferred from the Seller to the Buyer at the time of delivery of the Product to the carrier for delivery to the Buyer.
6. Warranty conditions:
6.1. With proper compliance with the requirements for proper operation of the WATCHES, the Seller shall guarantee high quality during the warranty period. The warranty period for the WATCHES is 36 months from the date of sale, unless otherwise specified by law. The warranty period for the STRAPES is 1 month from the date of sale, unless otherwise specified by law.
6.2. In case of detection of defects in the Product during the warranty period, the Buyer has the right, at their own choice, to demand:
- proportional price reduction;
- free elimination of defects in the Product within a reasonable time;
- reimbursement of documented expenses for the elimination of defects in the Product.
6.3. In case of detection during the established warranty period of significant defects that have arisen due to the fault of the manufacturer of the product (Seller), or falsification of the Product, confirmed, if necessary, by the expert opinion, the Buyer, in accordance with the procedure and within the time limits established by law and on the basis of this Agreement, has the right, to demand the following from the Seller:
- termination of the agreement and refund of the amount of money paid for the Product;
- demand replacement of the Product with the same Product or with a similar Product, from the number available to the Seller.
6.4. The Seller shall start to fulfill its warranty obligations only if the Buyer presents a warranty card with the Seller's stamp and defective Product.
6.5. The Seller's and manufacturer's warranty shall not apply to:
6.5.1. glass, coating of the case and/or bracelet, damage to the clasp of the strap and/or bracelet;
6.5.2. watches without a passport with the Seller's stamp;
6.5.3. watches that were in non-warranty service;
6.5.4. watches that show signs of violation of the operating rules (any of the following):
- traces of bumps and mechanical damage, such as - dents, notches; arrows, numbers and dashes that have bounced off; small scratches; absence or deformation of the crown;
- traces of unauthorized opening or repair attempts by unauthorized service centers;
- damage (external or internal) caused by any mechanical impact, shock or vibration loads, the application of external force to parts of the product, broken glass, cracks, chips, scratches, scratches on surfaces, deformations of materials and parts, breaking or bending of the axis of the transfer head, tearing off the eyelets of the case for attaching the bracelet;
- damage to the watch by water due to violation of the operating rules;
- damage caused by the penetration of foreign objects, substances or insects inside the watch;
- damage caused by caustic chemicals or solvents entering the product.
6.6. Claims related to defects in the Product are accepted by the Seller during the warranty period, if such defects occurred due to the fault of the Seller or manufacturer, which is confirmed by the conclusion of the Seller or an independent expert/specialist. The Seller's conclusion is made within 14 business days from the date of receipt of the Product for which the claim is made (and the Buyer pays the cost of delivery of such goods to the Seller). If the Buyer does not agree with the Seller's conclusion or at the Buyer's choice, the Buyer has the right to order an independent expert examination/research at their own expense. If it is established that the defects in the Product were caused by the fault of the Seller or manufacturer, the Seller shall reimburse the Buyer for the cost of such examination/research.
6.7. The Seller's warranty period is 30 calendar days.
7. Product return:
7.1. The Buyer has the right to return Product of proper quality on the terms and within the time limits established by the current legislation of Ukraine.
7.2. The return of Product of proper quality shall be carried out by the Buyer's forces and at the expense of the Buyer.
7.3. The Seller undertakes to return the money paid by Buyer for such Product to the Buyer within 7 days from the date of receipt of the returned Product (provided that when the Buyer returns the Product, all the requirements of the current legislation regarding the return of goods of proper quality shall be met).
8. Miscellaneous:
8.1. All terms and conditions for performing certain actions/operations posted in the relevant sections of the Website are integral parts (appendices) of this Public offer, which establishes the mutual rights and obligations of the Parties. Legal relations under this Agreement are also regulated by the laws of Ukraine On E-commerce, On Consumer Rights Protection and other legislative acts to the extent that they do not contradict the specifics of e-commerce. The Law of Ukraine shall be applied to legal relations under this Public offer.
8.2. All disputes that are not resolved in a pre-trial procedure shall be resolved in the courts of Ukraine, according to the legislation of Ukraine, in the Ukrainian language.
8.3. The Administrator has the right to make changes to the text of this Public offer and/or appendices without prior notice. Changes to the Public offer shall take effect after their publication and shall be applied to any Order made after their publication.
8.4. The Seller, Administrator and Buyer shall maintain communication through email, telephone communication (SMS, MMS), Telegram, Viber, other messengers, mobile applications, ads and/or messages. The Buyer shall agree that all notifications, data or other information provided in electronic form are legally binding and are equivalent to documents drawn up in writing.
8.5. In case of violation of this Public offer and ordering Product for commercial (business) activities, the Buyer must compensate the Seller for losses related to such violation.
8.6. The Administrator is not responsible for the actions or omissions of the Seller or Buyer.
8.7. If any provision of this Public offer turns out to be illegal or invalid, this does not lead to the invalidity of the entire Public offer.