Use and processing of information

1. Confidentiality and protection of personal data

1.1. By providing personal data on the website of the online store when registering and placing an Order, by filling out a questionnaire, the Buyer/Customer gives the Seller/Contractor and/or Furniture Park and its partners, in the case of their participation in the fulfillment of the Order, their voluntary consent to processing, use (including including and transfer) of their personal data, as well as taking other actions provided for by the Law of Ukraine "On the Protection of Personal Data", without limiting the term of such consent.

1.2. The Seller undertakes not to disclose the information received from the Buyer/Customer. It is not considered a violation of the transfer by the Seller/Contractor and/or Furniture Park of information received from the Buyer/Customer to counterparties and third parties in order to ensure the implementation of the Sales Agreement, relations in the field of consumer rights protection, in the field of advertising and marketing research, etc. The Buyer/Customer also gives his consent to the transfer (distribution) of his data to transport forwarding and courier organizations, any Banks and/or financial institutions and other third parties (without limitation) at the discretion of the Seller/Executive and/or Furniture Park , as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

1.3. The buyer/customer is responsible for keeping his personal data up-to-date. The Seller/Executive and/or Furniture Park is not responsible for poor performance or non-fulfilment of its obligations due to the irrelevance of information about the Buyer/Customer or its inconsistency.

1.4. The use of cookies is necessary for the Seller/Executive and/or Furniture Park to fulfill their obligations under the Agreement. Using cookies, the Seller/Contractor and/or Furniture Park can authenticate and identify Buyers/Customers and/or website visitors. Without these cookies, the Seller/Contractor and/or Furniture Park will not be able to recognize the Buyer/Customer and/or the Site visitor, and the Buyer/Customer or the Site visitor will not be able to access the personal account on the Site and place an Order. Also, cookies help the Seller/Contractor and/or Furniture Park maintain the security of personal data provided by the Buyer/Customer or the Site visitor.

1.5. Cookies allow you to personalize the online history of the Buyer/Customer or the Site visitor on the Seller's Site. They allow the Seller to remember the preferences of the Buyer/site visitor and the Buyer/site visitor, respectively, does not need to re-enter information that has already been provided. The Seller/Contractor and/or Furniture Park also uses cookies to collect information (for example, popular pages, browsing patterns, clicks) that is of interest to Buyers/Customers or visitors to the Site, for the Seller/Contractor and/or Furniture Park to improve the Site and conduct research on the market. If the Buyer/Customer or a visitor to the Site decides to delete these cookies, the Buyer/Customer visiting the Site will have limited functionality of the services of the Seller/Contractor and/or Furniture Park on the site.

1.6. Advertising cookies: These cookies use information about the use of the Site of the Seller/Contractor and/or Furniture Park and other websites, for example, the Internet pages visited by the Buyer/Customer as a visitor to the Site, to place advertisements that are more suitable for the Buyer/Customer or a visitor to the Site.

1.7. The Seller/Contractor and/or Furniture Park also has the right to use third-party cookies that place such cookies on our Site to provide the services they provide (third-party cookies).

1.8. The term of validity of all cookies used by the Site is 1 year.

1.9. Ability to deny and remove cookies. If the Buyer/Customer or the Site visitor does not want cookies to be stored on his computer or would like to receive information about their content, the Buyer/Customer or the Site visitor can prevent the installation of cookies by setting his browser software accordingly.

1.10. Use of third-party advertising services: The Site of the Seller/Contractor and/or Furniture Park may contain advertisements from third parties and interactive links to third-party Internet sites for which the Seller/Contractor or Furniture Park is not responsible.

In particular, the Seller/Contractor or Furniture Park has no influence whatsoever on the content and design of external Internet sites linked to Internet sites to which the Buyer/Customer or Site visitor may be directed through these Internet sites. The respective providers/Owners of the websites are solely responsible for the content and design of these websites, as well as for compliance with data protection regulations. Advertisers may use cookies and other technologies to measure the effectiveness of their ads or optimize their content. This applies, in particular, but not exclusively, to the classification of Internet sites into certain categories of interests within the scope of use by the Buyer/Customer or visitor to the Site. Thus, data processing by these parties does not fall under the data protection provisions of this Agreement. 

2. Warranty obligations.

2.1. By accepting this Offer, the Buyer/Customer confirms that:

2.1.1. Concludes the Agreement voluntarily and at the same time has fully familiarized himself with the terms of the Offer, understands the subject of the Agreement, the meaning and consequences of his actions regarding the conclusion and execution of the Agreement, considers the terms of the Agreement to be fair and such that they do not limit the Buyer's rights in any way;

2.1.2. Possesses all the rights and powers necessary for the conclusion and execution of the Agreement;

2.1.3. At the time of concluding the Agreement, he is not bound by any obligations and is unaware of any circumstances that prevent him from entering into and properly fulfilling all assumed obligations specified in the Agreement;

2.1.4. His expression of will is free and corresponds to his inner will;

2.1.5. Willing to comply with and fulfill all terms of this Agreement;

2.1.6. Does not intend to carry out any actions that would harm the business reputation of the Seller/Contractor and/or Furniture Park and/or third parties connected by contractual relations with the Seller/Contractor and/or Furniture Park, or would be contrary to the legislation of Ukraine, international norms, customs of business turnover and / or generally accepted norms of morality;

2.1.7. His actions are aimed at obtaining the results of the execution of the Order by the Seller/Contractor and/or Furniture Park, they do not contain malicious intent, fraudulent intentions, attempts to harm the economic activity of the Seller/Contractor and/or Furniture Park, violate the intellectual property rights of the Seller/Contractor and/or Furniture Park, gain unauthorized access to information that is the property of the Seller/Executive and/or Furniture Park;

2.1.8. When placing an Order, he provides reliable data and does not use personal data of third parties. The Seller/Contractor and/or Furniture Park reserves the right to refuse the execution of the Order if it has doubts about the authenticity of the data specified by the Buyer/Customer, including, but not limited to, the name of the Buyer/Customer and the delivery address of the Goods.

2.1.9. He/she is familiar with the List of goods of proper quality that are not subject to exchange (return) in accordance with Appendix No. 3 to Resolution of the Cabinet of Ministers of Ukraine No. 172 of March 19, 1994.

2.2. During the validity period of the Agreement and execution of the relevant Order, the Seller/Executive and/or Furniture Park guarantees:

2.2.1. That will make every effort to fulfill the Order in accordance with all requirements of the Buyer/Customer specified in the relevant Order. In addition, the Seller/Executive and/or Furniture Park does not guarantee the absence of certain deviations from the requirements of the Buyer/Customer;

2.2.2. Due to the fact that the prices of goods may change and the actual final amount of the order may differ, the Seller/Contractor and/or Furniture Park undertakes to warn the Buyer/Customer or to agree with him on changes to the Buyer/Customer's Order, in particular to agree to a replacement any Goods/Services, price changes for Goods/Services, cancellation of the Order in whole or in part in accordance with the procedure established by this Agreement;

2.3. During the execution of the Order, the Seller/Contractor and/or Furniture Park will do everything possible, but does not guarantee:

2.3.1. That the actually selected Goods/Services will have an appearance identical to that indicated on the Site, despite the fact that the Seller/Contractor and/or Furniture Park have made every effort to ensure that the images of the Goods/Services correspond as closely as possible to the actual appearance of the respective Goods/ Services;

2.3.2. Correspondence of the properties of the Goods selected by the Buyer to the latter's expectations or the description of the Goods provided by its manufacturer or the Seller/Contractor and/or Furniture Park;

2.3.3. The actual availability of a comprehensive list of Goods/Services selected by the Seller on the Site for their transfer to the Buyer/Customer under the terms of this Agreement.

2.4. With the exception of the guarantees expressly stated in the Contract, the Seller/Contractor and/or Furniture Park does not provide any other direct guarantees or guarantees under the Contract and expressly disclaims any guarantees or conditions regarding the compliance of the results of the Order with the specific goals of the Buyer/Customer, or their suitability for other purposes and tasks.

3. Validity period. Terms of change and termination of the contract.

3.1. The Agreement enters into force from the moment of acceptance of the Offer and remains in effect until the Parties fulfill their obligations or until the Agreement is terminated.

3.2. The contract can be terminated:

3.2.1. Any Party in the cases stipulated by the current legislation of Ukraine and/or the Agreement;

3.2.2. By mutual agreement of the Parties.

3.2.3. Termination of the Agreement by the Buyer or withdrawal of the Acceptance of the Offer by him does not impose on the Seller/Executive and/or Furniture Park the obligation to return the funds actually spent on the fulfillment of the relevant order of the Buyer.

4. Liability of the Parties.

4.1. For non-fulfillment or improper fulfillment of the terms of the Agreement, the Parties bear the responsibility provided for by this Agreement and the current legislation of Ukraine.

4.2. The Seller/Executive and/or Furniture Park is not responsible for:

4.2.1. For non-fulfillment or improper fulfillment of the obligations specified in this Agreement, in connection with the provision by the Buyer/Customer of incomplete and/or unreliable and/or outdated data when drawing up the Agreement;

4.2.2. For non-observance of the deadline for the execution of the Order agreed with the Buyer/Customer, which was not due to the fault of the Seller/Executive and/or Furniture Park;

4.2.3. For damages and losses incurred by the Buyer/Customer as a result of the use of the Goods received as a result of the execution of the Order;

4.2.4. If the Seller/Contractor and/or Furniture Park do not have the technical ability to complete the Order due to computer network failures;

4.2.5. In other cases provided for by the current legislation of Ukraine and/or this Agreement.

4.3. The parties have agreed that the difference in the expiration date (warranty period), as well as other markings of dates and markings of the Goods shown on the photo of the relevant Goods on the Site and on the Goods selected by the Buyer/Customer, actually transferred to him by the Seller/Executive and/or Furniture Park, are not is a violation of the terms of the Agreement.

4.4. In the event that, for any reason, the Seller/Contractor and/or Furniture Park does not begin the execution of the Order, or begins such provision in violation of the terms, the responsibility of the Seller/Contractor and/or Furniture Park for the breach of the Agreement and the legal remedies of the Buyer/Customer in relation to such violation are limited exclusively to the extension of the term (term) of execution of the Order for the relevant period.

4.5. The Seller/Executive and/or Furniture Park is under no circumstances liable under the Agreement for: a) any actions/inactions that are a direct or indirect result of the actions/inactions of any third parties; b) any indirect damages and/or lost profits of the Buyer and/or third parties, regardless of whether the Seller/Executive and/or "Furniture Park" could foresee the possibility of such damages or not; c) use (impossibility of use) and any consequences of use (impossibility of use) by the Buyer/Customer of the form of payment chosen by him for the execution of the Order.

4.6. The Seller/Contractor and/or Furniture Park is released from responsibility for incomplete or improper fulfillment of the Order under the Contract in cases of non-fulfillment by the Buyer/Customer of any of the terms of the Contract.

4.7. The Seller/Executive and/or Furniture Park reserves the right to refuse the Buyer/Customer the fulfillment of all subsequent Orders if the Buyer does not fulfill its obligations under the previous Order.

4.8. The total liability of the Seller under the Contract, for any lawsuit or claim, including from the Buyer's side regarding the performance of the Contract, is limited to the amount of the Seller's remuneration paid by the Buyer under the Contract.

4.9. The parties are released from responsibility for violation of the terms of the Agreement, if such violation is caused by force majeure (force majeure).

4.9.1. "Force majeure" means the occurrence of an event or circumstance ("Force Majeure Event") that prevents or hinders the Party from fulfilling one or more of its contractual obligations under the Agreement. The party shall not be held liable for non-fulfillment of any of its obligations if it proves:

  • that such failure was the result of an obstacle beyond its control;
  • that it could not reasonably have been expected at the last moment of signing the contract to take into account this obstacle or its consequences for the performance of the contract;
  • that she could not reasonably have avoided or overcome such obstacle, or at least its consequences.

4.9.2. The Party is released from responsibility for full or partial non-fulfillment of its obligations under this Agreement, if such non-fulfilment was the result of extraordinary and unavoidable circumstances of force majeure that objectively make it impossible to fulfill the obligations provided for in the terms of the Agreement (force majeure circumstances), such as specified in clause 4 of this Agreement, which include, but not limited to the following causes: threat of war, armed conflict or serious threat of such conflict, including but not limited to enemy attacks, blockades, military embargoes, acts of a foreign enemy, general military mobilization, hostilities, declared and undeclared war, acts of a public enemy, disturbances , acts of terrorism, sabotage, piracy, disorder, invasion, blockade, revolution, mutiny, uprising, mass riots, introduction of curfew, quarantine established by the Cabinet of Ministers of Ukraine, expropriation, forced seizure, confiscation, seizure or destruction of cargo at the request of military or civilian authorities, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, sabotage, transport accidents, illegal actions of third parties, fire, explosion, long interruptions in the operation of transport, regulated by the conditions of relevant decisions and acts of state authorities, changes in legislation, legal or illegal restrictions, orders or prohibitions of state authorities or management bodies and their structural subdivisions of a prohibitive nature, closure of sea straits, direct or indirect impact of an atomic explosion, radiation or radioactive contamination; lockout or other unforeseen stops at enterprises, embargo, prohibition (restriction) of export/import etc., as well as caused by exceptional weather conditions and natural disasters, namely: epidemic and pandemic, outbreak of diseases, storm, cyclone, hurricane, tornado, storm, tsunami, flood, snowfall, accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, earthquake, subsidence and landslide, other natural disasters and natural phenomena, as well as other unforeseen circumstances beyond the control of the Parties, which cannot be overcome by reasonable methods, which directly affected possibility of execution of this Agreement. 

4.9.3. The Party for which it is impossible to fulfill the obligations under this Agreement in connection with the circumstances specified in clauses 11.9.2 and 11.9.3., is obliged to inform the other Party within 10 (ten) days about the beginning and duration of these circumstances, and within 30 (thirty) days from the moment of their occurrence, provide the other party with official confirmation of the existence of such circumstances. Documents issued by the Chamber of Commerce and Industry of Ukraine or its territorial branches or other competent state body authorized to issue such documents are sufficient proof of the existence of force majeure circumstances, as well as its term.

4.9.4. If the circumstances specified in Clause 11.9.2 continue for more than 90 (ninety) days, any of the Parties may offer the other Party to make appropriate changes to the Agreement or terminate it. In the event of termination of the Agreement, none of the Parties has the right to demand compensation for any losses from the other Party. 4.9.5. The occurrence of the circumstances specified in clause 11.9.2 is not a reason to refuse payment for services performed before the occurrence of these circumstances.