Terms and Conditions
1
General provisions
1.1. Pursuant to Articles 633, 641, and 642 of the Civil Code of Ukraine, this document (hereinafter referred to as the “Offer”) constitutes an official proposal of Sole Proprietor Kryvenko Mariia Anatoliivna, Tax Identification Number 3449313383 (hereinafter referred to as the “Seller”), to enter into a purchase agreement for book products and/or related services with any legally capable individual or legal entity (hereinafter referred to as the “Buyer”) under the terms and conditions set forth in this Offer.
1.2. This Offer defines the terms and conditions for the sale of book products through the website https://kit-publishing.com/.
1.3. The Offer is open and publicly available and is published on the Seller’s website at: https://kit-publishing.com/terms-and-conditions/.
1.4. Placing an Order on the Website constitutes the Buyer’s full and unconditional acceptance of all terms and conditions of this Offer without any reservations.
1.5. The Seller reserves the right to amend this Offer unilaterally without prior notice to third parties. Any amendments shall take effect upon their publication on the Website.
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Definitions of terms
2.1. “Website” means the Seller’s website available at https://kit-publishing.com/.
2.2. “Goods” means book products (books, publications) presented on the Seller’s Website.
2.3. “Order” means a duly completed request submitted by the Buyer for the purchase of Goods through the Website.
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Subject Matter of the Agreement
3.1. The Seller undertakes to transfer ownership of the selected Goods to the Buyer, and the Buyer undertakes to pay for and accept such Goods in accordance with the procedure and under the terms set forth in this Offer.
3.2. By placing an Order, the Buyer confirms that they have read and agreed to the terms of this Offer, including the conditions regarding the return of Goods. The Agreement shall be deemed concluded upon the Buyer’s acceptance of this Offer. The Seller is not obliged to provide any additional notification to the Buyer regarding the existence or conclusion of the Agreement other than its publication on the Website.
3.3. Title to the Goods shall pass to the Buyer at the moment the Goods are delivered (handed over) to the Buyer, provided that the Buyer has fully paid the purchase price in accordance with the terms and conditions of this Agreement.
3.4. The assortment, price, and main characteristics of the Goods are specified on the Website.
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Order Placement Procedure
4.1. The Buyer selects the Goods available on the Seller’s Website and places an Order by completing the relevant form on the Website. When placing the Order, the Buyer shall provide the required contact information, including first and last name, phone number, email address, city and country of delivery, and shall select the preferred delivery and payment methods. Prior to confirming the Order, the Buyer has the opportunity to review the entered information and make corrections if necessary.
4.2. Placing an order on the Website constitutes the Buyer’s full and unconditional acceptance of the terms of this Offer. By submitting an order to the Seller, the Buyer confirms agreement with all provisions of this Agreement without reservations or exceptions.
4.3. By placing an order, the Buyer confirms that, prior to doing so, they were properly informed about the Seller, the Seller’s location and business hours, the characteristics and price of the Goods, the terms of payment, delivery and return, as well as the procedure for submitting claims or inquiries.
4.4. The Buyer confirms that they have received all necessary, accurate, and accessible information regarding the Goods and the terms of their purchase in a manner and scope compliant with the laws of Ukraine, sufficient to enable an informed decision.
4.5. The Seller processes orders within up to five (5) business days from the date the order is placed. If the order is placed on a weekend or public holiday, processing shall begin on the first business day following such day.
4.6. During order processing, the Seller confirms the possibility of fulfilling the order, assigns it an identification number, and sends the Buyer a notification with the order details to the email address provided at checkout.
4.7. Upon sale of the Goods, the Seller provides the Buyer with a payment document in accordance with applicable Ukrainian law.
4.8. The Seller reserves the right to cancel an order in the event the ordered Goods are not actually available. In such case, the Buyer shall be notified by email. If the Goods were paid for online, the amount paid shall be refunded to the original payment method within ten (10) calendar days from the date of cancellation.
4.9. The Seller makes reasonable efforts to ensure that the information about the Goods displayed on the Website is accurate and up to date. However, due to technical or other objective reasons, certain information may contain inaccuracies or require clarification. The Seller reserves the right to correct or update product descriptions at any time.
4.10. Due to differences in display settings on electronic devices, the actual appearance of the Goods, including color shades, may slightly differ from the images shown on the Website.
4.11. In the event of material errors or inaccuracies in the description of the ordered Goods, the Seller shall notify the Buyer and may either refuse to fulfill the order or offer the Buyer the option to cancel it.
4.12. For the purpose of clarifying order details, a representative of the Seller may contact the Buyer. If the order cannot be confirmed or the Buyer fails to respond, the Seller reserves the right to cancel the respective order.
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Price and Payment Terms
5.1. The price of each unit of the Goods is indicated on the Seller’s Website in the relevant section and is stated in the national currency of Ukraine — Ukrainian hryvnia (UAH). Prices are valid at the time the Buyer places the Order, unless otherwise expressly specified on the Website.
5.2. The total Order amount is determined based on the quaintity and price of the selected Goods and the cost of delivery, if such cost is not included in the price of the Goods and depends on the selected delivery method.
5.3. The Seller reserves the right to change the prices of the Goods listed on the Website unilaterally at any time prior to the Buyer placing an Order. However, the price of Goods that have already been paid for by the Buyer shall not be subject to change.
5.4. In the event that the price of the Goods changes after the Order has been placed but before payment has been made, the Seller shall notify the Buyer of such change. In this case, the Buyer may either confirm the Order at the updated price or cancel the Order.
5.5. The final price for the Buyer shall be the price indicated on the Website at the moment of Order confirmation in case of online payment, or the price specified in the invoice or payment notification provided to the Buyer, depending on the selected payment method.
5.6. Payment for the Goods shall be made using the methods available on the Website at the time of placing the Order. Such methods may include:
– payment by debit or credit card;
– payment via Plata by mono payment service;
– payment through Google Pay, Apple Pay, or other similar digital payment systems;
– bank transfer to the Seller’s business account;
– cash on delivery (payment upon receipt through a delivery service).
5.7. All settlements between the Seller and the Buyer shall be made exclusively in the national currency of Ukraine. Any bank fees or payment system commissions associated with transferring funds shall be borne by the Buyer, unless otherwise specified on the Website.
5.8. The Buyer’s payment obligation shall be deemed fulfilled at the moment the funds are credited to the Seller’s account or upon confirmation of the payment by the relevant payment system.
5.9. The Goods shall be delivered to the Buyer only after full payment has been received, unless otherwise expressly provided for in the Order terms or required by applicable law.
5.10.5.10. In the event of cancellation of the Order by the Buyer or its rejection by the Seller prior to the transfer of the Goods, the funds paid for such Goods shall be refunded to the Buyer within up to 10 (ten) calendar days from the date of approval of such cancellation, except for expenses already actually incurred by the Seller in connection with the performance of the relevant Order (including delivery costs, if the Goods have already been dispatched).
5.11. Failure by the Buyer to fulfill payment obligations within the established timeframe shall be deemed a refusal to conclude this Agreement, resulting in termination of the Seller’s obligations to fulfill the relevant Order.
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Delivery and Transfer of the Goods. Passing of Title
6.1. Delivery of the Goods shall be carried out using the methods available on the Seller’s Website at the time the Order is placed. The Buyer independently selects the preferred delivery method when placing the Order.
6.2. Delivery of the Goods may be carried out through third-party delivery services, including postal operators and courier services. The list of available delivery services and their terms are specified on the Seller’s Website.
6.3. Delivery of the Goods shall be at the Buyer’s expense unless otherwise expressly indicated on the Website or in the relevant Order. Delivery costs are determined in accordance with the tariffs of the selected delivery service and may depend on weight, dimensions, declared value of the shipment, and other conditions established by the carrier.
6.4. The Buyer shall independently specify the delivery address when placing the Order. The Seller shall not be liable for delays or impossibility of delivery resulting from incorrect or incomplete information provided by the Buyer.
6.5. The delivery period consists of the Order processing time by the Seller and the actual delivery time determined by the selected delivery service. Estimated delivery times may be indicated on the Website or additionally communicated to the Buyer.
6.6. When placing an Order for Goods offered on a pre-order basis, the Buyer acknowledges and agrees that such Goods may not be available to the Seller at the time of placing and paying for the Order. During the Order placement process and/or on the relevant page of the Website, the Buyer is provided with estimated information regarding the production and/or dispatch timeframe of such Goods. Such information may also be additionally confirmed in a notification sent to the email address provided by the Buyer when placing the Order.
6.7. Delivery of Goods purchased on a pre-order basis shall be carried out after the actual production (printing) of the Goods and their receipt by the Seller. The estimated dispatch dates for such Goods are indicated on the Website and may be changed due to reasons beyond the Seller’s control.
6.8. Changes to the estimated dispatch dates of Goods purchased on a pre-order basis shall not be considered a breach of this Agreement, provided that the Buyer is duly informed by the Seller.
6.9. In the event of changes or postponement of the estimated production or dispatch dates of Goods offered on a pre-order basis, the Seller shall notify the Buyer of such changes by sending a notice to the email address provided when placing the Order.
6.10. Delivery of the Goods may be carried out within the territory of Ukraine, except for temporarily occupied territories, territories where active hostilities are taking place, and localities where proper delivery services are unavailable at the time the Order is placed.
6.11. International delivery of the Goods may be carried out by separate agreement and subject to additional payment by the Buyer. The cost and timeframes of international delivery depend on the tariffs of the selected postal operator and are agreed with the Buyer after confirmation of the Order by the Seller.
6.12. Until the Goods are transferred to the Buyer, responsibility for their safekeeping during transportation shall be borne by the delivery service in accordance with its public contract.
6.13. The Goods shall be transferred to the Buyer or to another person designated by the Buyer as the recipient in properly packaged condition. Transfer of the Goods is confirmed by the recipient’s signature on the relevant delivery service documents (waybill, declaration, acceptance certificate, etc.).
6.14. Prior to accepting the Goods, the Buyer or the Recipient shall inspect the Goods for visible external damage, printing defects, or other apparent defects. In case such defects are identified, the Buyer shall have the right to refuse acceptance of the Goods and to file a claim with the delivery service.
6.15. Acceptance of the Goods without reservations and signing the delivery service documents confirms the proper quality of the Goods, absence of visible damage, and the Buyer’s agreement with their condition at the time of receipt.
6.16. If the Order has been delivered to a delivery service branch but is not collected by the Buyer or the Recipient within the storage period established by the carrier, or if the Buyer refuses to accept it without filing a claim, such Order shall be deemed cancelled at the initiative of the Buyer.
6.17. In the cases provided for in Clause 6.16 of this Agreement, the funds paid by the Buyer shall be refunded minus the expenses actually incurred by the Seller in connection with the delivery of the Goods.
6.18. Title to the Goods, as well as the risk of accidental loss or damage, shall pass to the Buyer at the moment of actual receipt of the Goods by the Buyer or the Recipient.
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Returns and Exchanges
7.1. Returns and exchanges of the Goods shall be carried out in accordance with the applicable laws of Ukraine, including the Law of Ukraine “On Consumer Protection,” subject to the specific provisions set forth in this Offer.
7.2. Pursuant to Resolution of the Cabinet of Ministers of Ukraine No. 172 dated 19 March 1994 “On Implementation of Certain Provisions of the Law of Ukraine ‘On Consumer Protection’,” printed publications of proper quality are classified as non-returnable and non-exchangeable goods.
7.3. Returns or exchanges of the Goods are permitted exclusively in cases where defects or material defects are identified, including printing defects caused by the manufacturer or the Seller.
7.4. In the event that the Buyer receives Goods of improper quality or identifies a printing defect, the Buyer shall notify the Seller within the shortest reasonable time after receipt of the Goods, but no later than 14 (fourteen) calendar days from the date of receipt, providing a description of the defect and, where possible, photographic evidence.
7.5. Return of defective Goods shall be subject to preservation of the original packaging, commercial appearance of the Goods, and provision of documents confirming their purchase from the Seller.
7.6. Upon confirmation of the defect or printing defect, the Seller shall, at the Buyer’s choice and within the limits established by Ukrainian law, either:
– replace the Goods with identical Goods of proper quality; or
– refund the Buyer the amount paid for the returned Goods.
7.7. If replacement of the Goods with identical Goods is not possible due to their unavailability, the Seller shall refund the Buyer the amount paid for the Goods within the time limits established by applicable law.
7.8. Refunds shall be made using the same payment method that was used for the purchase of the Goods, within up to 10 (ten) calendar days from the date of the decision to satisfy the Buyer’s claim, unless otherwise provided by applicable law of Ukraine.
7.9. The Seller shall bear the costs associated with returning Goods of improper quality or Goods with printing defects, including delivery service charges.
7.10. Prior to accepting the Goods from the delivery service or at any other place of transfer, the Buyer or recipient shall inspect the Goods for visible damage, printing defects, or other apparent defects.
7.11. Acceptance of the Goods without reservations and signing the relevant delivery documents shall confirm the absence of visible defects at the time of delivery.
7.12. The Buyer’s claims for return or exchange shall not be satisfied if the Seller proves that the defects arose due to improper use, storage, or transportation of the Goods by the Buyer.
7.13. The Seller shall review the Buyer’s request for return or exchange within the time limits established by applicable Ukrainian law, but no later than 14 (fourteen) business days from receipt of the relevant claim and all necessary supporting documents.
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Liability of the Parties
8.1. The Parties shall be liable for failure to perform or improper performance of their obligations under this Agreement in accordance with the terms of this Agreement and applicable laws of Ukraine.
8.2. The Seller shall not be liable for any damage or loss caused by the Buyer’s improper use of the Goods, including use not in accordance with their intended purpose, or violation of storage, transportation, or handling requirements.
8.3. The Seller shall not be liable for the acts or omissions of third parties, including banks, payment systems, processing centers, telecommunications operators, internet service providers, or delivery services, including delays in payment processing, data transmission, or delivery of the Goods.
8.4. The Buyer is solely responsible for the accuracy, completeness, and correctness of the information provided when placing an Order. If incorrect or incomplete information results in additional expenses for the Seller, such expenses shall be reimbursed by the Buyer.
8.5. The Seller shall not be liable for failure or delay in performance of its obligations if such failure or delay results from force majeure circumstances, including but not limited to war, emergency situations, or interruptions in transport, postal, or payment services.
8.6. The Buyer agrees not to engage in any actions that may violate the laws of Ukraine, infringe the rights of third parties, or interfere with the normal operation of the Website and its services.
8.7. If an Order is cancelled at the Buyer’s initiative or the Buyer fails to fulfill their obligation to collect the Order, the Seller shall have the right to deduct from the amounts paid any actual expenses incurred in connection with fulfilling such Order, including delivery or return shipping costs, in accordance with this Agreement.
8.8. The Seller’s maximum liability for any claims arising in connection with this Agreement shall be limited to the value of the Goods purchased by the Buyer. The Seller shall not be liable for indirect damages, lost profits, or damages caused to third parties.
8.9. Nothing in this Agreement shall limit the Seller’s liability where such limitation is prohibited by applicable law.
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Dispute Resolution
9.1. Any disputes, controversies, or claims arising out of or in connection with the conclusion, performance, amendment, or termination of this Agreement shall, as far as possible, be resolved through negotiations and mutual consultations.
9.2. Prior to initiating court proceedings, the Parties shall follow a pre-trial (claims) procedure. A claim must be submitted in writing, setting out the substance of the claim and attaching supporting documents where applicable.
9.3. A submitted claim shall be reviewed within 10 (ten) business days from the date of receipt, unless otherwise required by applicable Ukrainian law.
9.4. If a dispute cannot be resolved through negotiations or the claims procedure, it shall be resolved in court in accordance with the laws of Ukraine at the Seller’s place of registration or in another court determined under the applicable jurisdiction rules.
9.5. This Agreement shall be governed by and construed in accordance with the laws of Ukraine. Matters not regulated by this Agreement shall be resolved in accordance with applicable Ukrainian law.
9.6. If any provision of this Agreement is declared invalid or unenforceable by a court, such invalidity shall not affect the validity or enforceability of the remaining provisions.
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Force Majeure
10.1. The Parties shall be released from liability for full or partial failure to perform their obligations under this Agreement if such failure results from force majeure circumstances that arose after the conclusion of the Agreement and objectively prevented performance.
10.2. Force majeure circumstances shall mean extraordinary and unavoidable events which the Parties could not foresee or prevent by reasonable measures, including but not limited to: war, armed conflict, declared or undeclared war, threat of war, terrorist acts, sabotage, mass disturbances, blockades, imposition of curfews, mobilization, acts of governmental or local authorities, quarantine or restrictive measures, fires, accidents, interruptions or suspension of transport, postal or logistics services, actions of third parties, natural disasters, and other extraordinary events.
10.3. Force majeure circumstances shall also include events defined as such under applicable Ukrainian law, including the Law of Ukraine “On Chambers of Commerce and Industry in Ukraine.”
10.4. The Party affected by force majeure shall notify the other Party within a reasonable time of the occurrence of such circumstances and, where possible, indicate their expected duration.
10.5. The existence and duration of force majeure circumstances shall be confirmed by a certificate issued by the Chamber of Commerce and Industry of Ukraine or an authorized body, where required by law.
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Intellectual Property
11.1. All copyright and related rights to the Goods offered on the Website belong to their respective rights holders.
11.2. The Seller publishes and/or distributes the Goods on lawful grounds, including as a rights holder, publisher, or pursuant to agreements concluded with authors, rights holders, or other duly authorized persons.
11.3. The distribution and sale of the Goods through the Website are carried out in compliance with the applicable intellectual property laws of Ukraine.
11.4. In the event of substantiated claims regarding the infringement of third-party intellectual property rights, the Seller undertakes to review such claims and take appropriate measures in accordance with the applicable laws of Ukraine.
11.5. The Website may contain copyrighted materials, trademarks, trade names, graphic elements, texts, photographs, design elements, and other materials protected by the laws of Ukraine.
11.6. All materials available on the Website constitute intellectual property and are protected in accordance with applicable law.
11.7. The Buyer may not copy, reproduce, modify, publish, transmit to third parties, distribute, or otherwise use any materials from the Website without the prior written consent of the relevant rights holder.
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Final Provisions
11.1. The processing of the Buyer’s personal data shall be carried out by the Seller in accordance with the applicable laws of Ukraine and the Privacy Policy published on the Website. By placing an Order, the Buyer confirms that they have read and agree to the Privacy Policy.
11.2. This Agreement shall enter into force upon acceptance by the Buyer through placing an Order on the Website and shall remain valid until the Parties have fully performed their respective obligations.
11.3. The Seller reserves the right to amend the terms of this Offer. Any amendments shall take effect upon their publication on the Website and shall apply to Orders placed after such publication.
11.4. All legal relations arising in connection with this Agreement shall be governed by the applicable laws of Ukraine.
11.5. This Agreement is originally drafted in the Ukrainian language. The English version is provided for convenience only. In the event of any discrepancies, the Ukrainian version shall prevail.