USER AGREEMENT

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USER AGREEMENT

❗ before viewing this site, carefully read these terms

If you do not agree with these terms, do not use this site. Using this site and/or other services, including filling out various forms, applications, correspondence, leaving reviews, ordering goods/services using this site means your full agreement with the terms of this Agreement, including the terms for the processing and protection of your personal data as a User.

Terms used in this Agreement:

KOMILFO Marketplace is an online resource in the form of a large-scale software platform located at the link https://komilfo.ua/, a trading platform with goods from trusted sellers, helping users sell and buy goods/order services on the terms described in this document. The right to sell on the KOMILFO Marketplace is granted to sellers with high quality service and Content that meets the requirements of the Marketplace. KOMILFO Marketplace is at the disposal of BEAUZIFAM LLC.
Administration (administration of the KOMILFO Marketplace website) – “BUZIFEM” LLC, 44168646, Ukraine, 01033, Kyiv city, Saksaganskoho st., building 41, registered in accordance with the current legislation of Ukraine and/or persons duly authorized by it to manage the Marketplace and provide services to Users.
Website – KOMILFO Marketplace website, located on the Internet at the permanent address: https://komilfo.ua/, as well as all web pages; the owner of the Marketplace is BEAUZIFAM LLC.
Consent – this User Agreement.
Seller – a legal entity or an individual entrepreneur who posts information on the Site about the goods/services that he/she sells/offers. The Seller may be either the Administration or any person to whom the Site Administration has granted permission to post information about the goods/services of such person. The name of the Seller is specified in the documents for the transfer of the Goods to the Recipient (acceptance certificates, receipts or other documents confirming the fact of the transfer of the Goods to the Recipient).
Goods – goods, services, works, property rights, other tangible and intangible objects of the Sellers, information about which is posted on the Site.
User – a person who views information on the Site and/or orders and receives goods using the Site tools. The Recipient and the Payer are the Users.
Order – the User’s request through the Site to the Seller with a request to sell the Goods, as well as a set of Goods ordered by the User.
Payer – the person paying for the Order.
Recipient – the person specified by the Payer as the person authorized to receive the Goods in accordance with the Order. Unless otherwise specified in the Order form, the Recipient is the Payer.
Offer – information posted on the Site about a specific Good that can be purchased by the User. The offer includes: information about the product itself, its price, payment and delivery methods, as well as other conditions for the purchase of the Product by the User. The terms of the offer are determined by the seller. The offer is not an offer, but information about the possible conditions for purchasing the Product.
Content – any information posted by the User on the Marketplace, including, but not limited to, the name and description of product items, photographs, specifications, advertising materials, information about the User, etc.

1. GENERAL TERMS OF USE OF THE SITE

1.1. The Marketplace is a platform for posting offers for the sale of goods by sellers.

1.2. This Agreement is a public offer. By accessing the materials of the Site, the User is considered to have acceded to this Agreement.

1.3. The Site Administration has the right to unilaterally change the terms of this Agreement at any time. Such changes come into force from the moment the new version of the Agreement is posted on the Site.

1.4. The offer on the Site is not an offer. However, after reviewing the Offer, the User has the right to make an offer to the Seller (Sellers) by filling out the Order form. Filling out the Order form is considered an offer from the User to the Seller for the User to purchase the relevant Product on the terms specified in the Offer.

1.5. The User understands that his offer is forwarded by the Administration to the Seller selected by the Administration. This provision in no way means that the Administration acts as the Seller’s agent and/or assumes any responsibility for the Seller’s fulfillment of the Order.

1.6. The Offer is considered accepted by the Seller if the latter has taken actions indicating acceptance of the User’s offer, namely: actually shipped the Product, started providing services or performing work in accordance with the terms stipulated by the User’s offer.

1.7. After receiving the User’s offer, the Seller has the right to offer to purchase the Product on terms other than those stipulated by the User’s offer. In this case, such an offer is considered a counter offer and must be accepted by the User. Acceptance of the counter offer is considered to be the actual receipt by the User (Recipient) of the Product on the terms determined by the counter offer. The Seller has the right to revoke such a counteroffer before the Goods are issued (sent) to the Buyer.

1.8. Sufficient evidence of acceptance of the offer by the Seller or a counteroffer (i.e. agreement by the Parties on all essential terms of sale of the Goods) is the actual receipt and acceptance of the Goods by the Recipient.

1.9. The only means of compensation provided to the User in the event of discrepancy between the actual terms of the offer is to grant the User (Recipient) the right to refuse to receive and accept the relevant Goods and demand a refund of the price paid for them. Except for the cost of delivery to the pick-up point (if the amount was actually paid by the Payer).

1.10. Sending by the Seller and/or Administration by electrical means (SMS notification, email, telephone, etc.) or other means of communication of the Seller/Administration about the receipt of the User’s Order and/or the timing of its receipt and/or the price of the Goods is not considered acceptance by the Seller of the User’s Offer. This message is solely a notification of the Seller’s receipt of the User’s offer (but not of its acceptance) and contains a reproduction of the terms of the offer provided by the User.

1.11. The moment of receipt and acceptance of the Goods by the Recipient is the moment (depending on which occurred earlier):

the signing by the Recipient of the Goods acceptance certificate (or another document equivalent in content, confirming the fact of the transfer of the Goods to the Recipient), or
the signing by the Recipient of the carrier’s documents confirming the fact of receipt of the consignment containing the Goods, or
the actual receipt of the Goods by the Recipient and the performance by the Recipient of actions indicating the acceptance of the Goods (the Recipient received the Goods and left the point of issue of the goods, etc.).

1.12. The User has the right to appoint a third party as the Recipient of the purchased Goods. In this case, the recipient is obliged to indicate in the Order form the data necessary for identifying the recipient and delivering the Goods to him. The relations between the parties in this case are subject to the provisions of Article 636 of the Civil Code of Ukraine.

1.13. Information about the goods.

1.13.1. Information about the Goods is contained on the Goods themselves, their packaging, in the accompanying documents. Information about the Goods can also be provided remotely (by telephone by posting information about the Goods on the Website). The User confirms their consent to receive information about the Product via remote communication +3800932188694 and/or using the Site.

1.13.2. The Recipient is obliged to familiarize themselves with the information about the products/services before receiving them. If additional information is required, the Recipient is obliged to contact the Seller and receive the necessary information via remote communication.

1.13.3. The price of the Product specified in the Offer does not include the cost of delivery.

1.13.4. Payment for the Goods in accordance with the Order may be made, inter alia, using the payment solutions of the payment institution EUROPEAN PAYMENT SYSTEM LLC (registration code 39269220). When the Buyer/Payer initiates a payment using the services of the aforementioned payment institution, the Seller receives payment for the Order to its current account in accordance with the terms of the contract and in compliance with the applicable legislation of Ukraine. The list of Sellers may be contained in Appendix No. 1 to this Agreement and may be changed unilaterally by the Site Administration (link to the list of Sellers – https://komilfo.ua/vendor/nail-beauty/)

1.14. Limitation of liability.

1.14.1. The Marketplace is a platform for sellers to post offers. In this regard, the Administration (except for cases when the Administration is the Seller) does not bear any responsibility to the Users (Payers, Recipients) for the fulfillment of the Order by the Sellers and related issues, including, but not limited to: for compliance of the Offer terms with the actual terms of sale of the Goods, for the absence of the Goods, for late delivery of the Goods, for the quality of the Goods, for proper fulfillment of warranty obligations by the Sellers and/or manufacturers.

1.14.2. The conditions specified in the offer are preliminary conditions for the purchase of the goods. The terms of the Offer may be changed by the Sellers, including after the acceptance of the Order for execution. Specific terms of sale of the Goods by the Sellers may be determined and changed by the Sellers before the transfer of the Goods to the Recipient.

1.14.3. If the materials (including the terms of the Offer) on the Site become outdated, the Administration is not obliged to update them. Under no circumstances shall the Administration be liable for any damages (including, but not limited to, damages from loss of profits, data or interruption of business activity) arising from the use, inability to use or results of using this Site.

1.14.4 The Seller’s liability for changing the terms of purchase of the Product compared to those specified in the Offer is limited to the fact that the Recipient (User, Payer) has the right to refuse to purchase the Product and demand a refund of the funds paid for it (if they have been paid).

1.14.5. In any case, the amount of damage (both material and non-material) that can be paid to the User (Payer, Recipient) in connection with the violation of his rights when using the Site in accordance with Art. 22 of the Civil Code of Ukraine is limited to the amount of ten hryvnia.

1.14.6 For Products for which a warranty period is established, warranty obligations apply in accordance with the conditions specified in the warranty card and / or in the manufacturer’s information materials. If, in accordance with the legislation of Ukraine, a warranty period must be established for a product, but it is not established by the manufacturer, the warranty period for such goods is considered to be three days.

1.15. The User is responsible for the accuracy of the data specified in the Order form. If the data in the order is inaccurately (incorrectly) indicated and this leads to additional expenses of the Seller associated with the delivery of the Goods to the wrong address or the issuance of the Goods to the wrong Recipient, all associated losses and expenses are borne by the User. The Seller has the right to withhold the amount of such losses or expenses from the amounts paid by the Payer as payment for the Goods (offset counterclaims).

1.16. Content requirements.

1.16.1 The product description must be accompanied by a photograph, have characteristics and be written in a language understandable to a wide audience, not repeating the name of the product. The length of such a description must be at least 30 characters. External links to other sites are prohibited in the product description.

1.16.2 All product items posted on the Marketplace must contain information about the current price (retail price in hryvnia), availability of the product in stock or on order and have a minimum order amount of 300 UAH.

1.16.3 The Marketplace prohibits the sale of any goods that violate the current legislation of Ukraine and which may be considered obscene, offensive or misleading. In particular, the ban applies to counterfeit goods containing a trademark or logo that is identical to the trademark or logo of another product or is practically indistinguishable from it (including replicas, copies without a logo).

1.16.4 The Administration does not perform mandatory verification of information and Content posted by Users on the Marketplace.

1.16.5 The Administration is not responsible for errors, inconsistencies, omissions made during registration or posting of information, as well as any material or non-material damage arising in connection with this (including lost profits).

1.16.6 The Administration is not responsible for the use (both lawful and unlawful) by third parties of information posted on the Marketplace, including their reproduction and distribution, carried out both within the Marketplace and in other possible ways.

1.16.7 If the posting of Content on the Marketplace violates the rights (including intellectual property rights) of any third parties, the user who posted such Content undertakes to independently settle all disputes and claims with the copyright holders.

2. RESPONSIBILITIES OF THE PARTIES

2.1. The User undertakes to carefully read this Agreement. In case of disagreement with the terms, the User undertakes to immediately stop using the Site.

2.2. The User agrees not to perform actions that may be considered as violating Ukrainian legislation or international law, including in the field of intellectual property, copyright and/or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the site and site services.

2.3. Use of the Site materials without the consent of the copyright holders is prohibited. For the lawful use of the Site materials, it is necessary to conclude license agreements (obtain licenses) with the copyright holders.

2.4. When citing the Site materials, including protected copyright works, a link to the Site is required.

2.5. Comments and other entries by the User on the Site must not conflict with the requirements of the legislation of Ukraine and generally accepted norms of morality and ethics, and must not contain calls for violent or other actions that contradict the current legislation.

2.6. The User is warned that the Site Administration is not responsible for visiting and using external resources, links to which may be contained on the Site.

2.7. The User accepts the provisions that all materials and services of the Site or any part thereof may be accompanied by advertising. The User agrees that the Site Administration does not bear any responsibility and does not bear any obligations in connection with such advertising.

2.8. The User understands that the Sellers are separate business entities that are not controlled by the Administration. The User understands that the Administration has no authority to influence the fulfillment by the Sellers of their obligations to accept and/or fulfill the Order, as well as obligations arising after the sale of the Product.

3. PROCEDURE FOR EXCHANGE AND RETURN OF THE GOODS BY THE RECIPIENT (USER, PAYER)

Law of Ukraine “On the Protection of Consumer Rights”:

According to the Law of Ukraine “On the Protection of Consumer Rights” dated March 19, 1994 No. 172 our clients have the right to exchange non-food products of good quality for a similar one if the product does not satisfy them in shape, dimensions, style, color, size or for other reasons cannot be used for its intended purpose. The buyer has the right to exchange goods of good quality within fourteen calendar days, not counting the day of purchase, subject to compliance with all norms provided for by the Law.

Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172 “On the implementation of certain provisions of the Law of Ukraine “On Protection of Consumer Rights” indicates a list of goods that are not subject to exchange (return), namely:

disposable products;
brushes and brush sets;
files, buffs, polishers;
manicure tools;
varnishes and gel polishes;
printed products;
promotional and discounted goods;

Such goods can only be returned due to detection of defects or non-compliance with the order.

Only new goods that have no signs of use: scratches, chips, abrasions are subject to exchange or return, the following must be preserved: complete set, integrity and all packaging components, labels, factory markings and the buyer has the original document, confirming the fact of purchase of the relevant product. Violation of any of these points reserves the right of the store to refuse the buyer an exchange or return of goods.

By picking up the goods from the Nova Poshta branch you automatically agree with the quality and packaging of the goods. Please kindly check the parcel with the courier service employee/courier.

The procedure for exchanging and returning goods:

The client fills out the return form, together with a call center employee, at +380932188694 (WhatsApp/Viber/Telegram), providing all the necessary information.

When exchanging and returning the goods, the goods must be sent in full, adding the following documents to it:

Application for exchange or refund stating the reasons;
Acceptance certificate;
Warranty card.

After agreement with the manager, the client sends the goods to the online store (at the client’s expense). Diagnostics are carried out within 5 working days from the date of receipt of the goods. The result of the exchange/return will be known after the diagnostics.

If the defect is confirmed, the store will compensate for the purchased goods, if the defect is not found, the goods will be sent to the buyer, without compensation for shipping.

Refunds are made based on the results of the review of the application to the company. In case of a positive decision, the refund is made by bank transfer – within 5 working days to the specified bank card.

Equipment of proper quality that has been put into operation cannot be exchanged/returned.

The buyer has the right to expect warranty repairs if:

the product has a warranty period*. For warranty repairs, please contact the manager;
the product was purchased in the KOMILFO online store.

* warranty periods are indicated on the product page.

Procedure for exchanging/returning equipment of inadequate quality that has been put into operation:

The client fills out the return form together with a call center employee, providing all the necessary information.
After agreeing with the manager, the client sends the product to the online store (at the client’s expense). Diagnostics are carried out within 5 working days from the date of receipt of the product.
If a factory shortage is confirmed, the client has the right to warranty repairs.
If no shortage of the product is found, the product is returned to the client without compensation for shipping.

Return of equipment that has not been put into operation is possible within 14 days upon presentation of a receipt and all components. Return shipping is at the buyer’s expense.

Procedure for exchanging/returning poor-quality equipment that has not been put into operation:

The client fills out the return form together with a call center employee, providing all the necessary information.
If more than 14 days have passed, the product is sent to the service center for diagnostics; within 5 working days from the date of receipt of the product for diagnostics, the manager provides information for further action.
Warranty repairs of equipment that has not been put into operation are carried out at the expense of the online store if the warranty period has not expired.

Procedure for exchanging/returning poor-quality goods (gel polishes, varnishes, gels, etc.) that have been/have not been put into operation:

Goods (gel polishes, varnishes, gels, etc.) of proper quality that have not been put into operation can be exchanged or returned only in the event of a discrepancy with the order.

The client fills out the return form together with a call center employee, providing all the necessary information.

After agreement with the manager, the client sends the product to the online store (at the client’s expense). Diagnostics are carried out within 5 working days from the date of receipt of the product. The result of the exchange/return will be known after the diagnostics.

If a defect is confirmed, the store will compensate the purchased product; if no defect is found, the product will be sent to the buyer without compensation for shipping.

Goods (gel polishes, varnishes, gels, etc.) of proper quality that have been put into operation cannot be exchanged or returned.