Public Offer Agreement
Published November 8, 2026
Public contract (offer) for the distance sale of goods
Kumiho Beauty online store, https://kumiho.beauty
Revision 5 of 8 November 2026. Effective from the moment of publication on the Site.
This document is the official public offer of the sole proprietor (ФОП) Diakonov K.M., tax number (РНОКПП) 2647013591 (the “Seller”), addressed to an indefinite range of persons, to conclude a retail distance sales contract (the “Contract”) on the terms set out below. This English text is a courtesy translation: in case of any discrepancy, the Ukrainian version of the Contract prevails.
Contents:
- 1. General provisions
- 2. Governing law
- 3. Terms and definitions
- 4. Subject of the Contract
- 5. Product information
- 6. Placing an Order and concluding the Contract
- 7. Price and payment
- 8. Delivery
- 9. Rights and obligations of the Parties
- 10. Withdrawal, returns and exchanges
- 11. Product quality and usage warnings
- 12. Liability of the Parties
- 13. Personal data and confidentiality
- 14. Intellectual property and user content
- 15. Force majeure
- 16. Dispute resolution and other terms
- 17. Seller's details and contact information
1. General provisions
1.1. The Contract is a public contract within the meaning of Article 633 of the Civil Code of Ukraine: its terms are the same for all Buyers regardless of their status (natural person, legal entity, sole proprietor), without giving preference to one Buyer over another.
1.2. The Contract is a contract of adhesion within the meaning of Article 634 of the Civil Code of Ukraine: it can only be concluded by the Buyer acceding to the Contract as a whole. The Buyer may not propose their own terms or demand changes to individual terms of the Contract.
1.3. The Contract is concluded by accepting this offer in the manner set out in section 6 of the Contract. Under Article 11 of the Law of Ukraine “On Electronic Commerce”, acceptance is performed through the actions provided for by this Contract, requires no signing of a paper copy, and is legally equivalent to concluding a contract in written form.
1.4. The place of conclusion of the Contract is the Seller's registered location (Article 647 of the Civil Code of Ukraine).
1.5. The current revision of the Contract is permanently available on the Site in a form that allows it to be read, saved and reproduced. The Seller may change the terms of the Contract and withdraw the offer at any moment. A new revision takes effect from the moment of publication on the Site, unless it states otherwise, and does not apply to Orders confirmed before its publication.
1.6. The Buyer must read the terms of the Contract before placing an Order. Placing an Order confirms that they have done so.
1.7. If consumer-protection law grants a Buyer who is a consumer broader rights than the Contract provides, the law applies. Individual provisions of the Contract found invalid, or inapplicable to consumers, do not invalidate the other provisions or the Contract as a whole.
2. Governing law
2.1. The relations of the Parties are governed by this Contract and the legislation of Ukraine, in particular: the Civil Code of Ukraine (including Articles 633, 634, 641, 642, 647, 655, 698-711); the Law of Ukraine “On Consumer Rights Protection” of 12.05.1991 No. 1023-XII (in particular Articles 8, 9, 12, 13); the Law of Ukraine “On Electronic Commerce” of 03.09.2015 No. 675-VIII; the Law of Ukraine “On Personal Data Protection” of 01.06.2010 No. 2297-VI; the Law of Ukraine “On the Use of Payment Transaction Recorders in Trade, Catering and Services” of 06.07.1995 No. 265/95-ВР; the Procedure for Conducting Trading Activity and the rules of trade service on the consumer goods market approved by Cabinet of Ministers Resolution of 15.06.2006 No. 833; the Rules for the Sale of Goods to Order and Away from Trade or Office Premises approved by Order of the Ministry of Economy of Ukraine of 19.04.2007 No. 103; and the List of Goods of Proper Quality Not Subject to Exchange (Return) approved by Cabinet of Ministers Resolution of 19.03.1994 No. 172.
2.2. From the day the Law of Ukraine “On Consumer Rights Protection” of 10.06.2023 No. 3153-IX enters into force, references in this Contract to the Law of Ukraine “On Consumer Rights Protection” of 12.05.1991 No. 1023-XII and to Cabinet of Ministers Resolution of 19.03.1994 No. 172 apply subject to the corresponding provisions of the new Law and of Cabinet of Ministers Resolution of 01.11.2024 No. 1243, to the extent they correspond to them.
3. Terms and definitions
3.1. In this Contract, the terms have the following meanings:
a) “Seller” - the sole proprietor Diakonov K.M., tax number 2647013591, registered address: 1 S. Krushelnytskoi Ave., Sumy, registered under the legislation of Ukraine;
b) “Buyer” - a legally capable natural person aged 18 or over, a legal entity, or a sole proprietor who has accepted this offer. A Buyer purchasing Products for personal needs unrelated to business activity is a consumer within the meaning of consumer-protection law;
c) “Site” or “Online Store” - the set of web pages available on the Internet at https://kumiho.beauty, including subdomains;
d) “Product” - perfumery and cosmetic products, accessories and other related goods listed in the Site's catalog;
e) “Order” - the Buyer's request, placed through the Site, to purchase selected Products, containing the list of Products, recipient details, delivery method and payment method;
f) “Acceptance” - the Buyer's full, unconditional and unreserved acceptance of the terms of this offer in the manner set out in section 6 of the Contract;
g) “Carrier” - the delivery service / postal operator indicated on the Site at checkout, in particular Nova Poshta LLC and JSC Ukrposhta;
h) “Payment Document” - a fiscal receipt or other document of the established form confirming the sale of the Product, including one created in electronic form;
i) “Personal Account” - the Buyer's personal section on the Site. Registration is not required to place an Order;
j) “Privacy Policy” - the document on the processing and protection of personal data published on the Site;
k) “Rules of Individual Promotions” - the terms of promotions, sales, loyalty programs and promo codes published on the Site, which form an integral part of the Parties' relations;
l) “Business Day” - any day other than Saturday, Sunday, and public holidays or non-working days established by the legislation of Ukraine.
3.2. Other terms are interpreted in accordance with the legislation of Ukraine and business practice.
4. Subject of the Contract
4.1. The Seller undertakes to transfer the ordered Product into the Buyer's ownership, and the Buyer undertakes to accept the Product and pay for it on the terms of this Contract.
4.2. Sales are made remotely, at retail, based on the Buyer's review of the Product description on the Site. Purchasing Products for resale, or in quantities showing signs of wholesale purchasing, is possible only by separate agreement with the Seller.
4.3. The Seller confirms holding all rights and permits required to conduct trading activity under the legislation of Ukraine.
5. Product information
5.1. Product information (name, key characteristics, purpose, price, availability) is published on the corresponding Product page on the Site. Information on composition, method of use, warnings and shelf life is provided by the manufacturer on the Product packaging (label) and may be duplicated on the Site.
5.2. The manufacturer may change the Product's packaging, design and composition. Updating the corresponding information on the Site may take some time. The information stated by the manufacturer directly on the packaging (label) takes precedence. Before using the Product, the Buyer must read the information on the packaging (label).
5.3. The colours and shades of the Product in photographs may differ slightly from the actual ones due to screen colour rendering. A difference in packaging or design from the image on the Site, with the Product's consumer properties unchanged, as well as a slight difference in shade within clause 5.2 and this clause, is not a defect of the Product.
5.4. All prices on the Site are stated in the national currency of Ukraine (hryvnia) inclusive of all taxes and fees payable by the Seller. The delivery cost is not included in the Product price and is communicated to the Buyer at checkout or determined by the Carriers' rates.
5.5. The base language of the information on the Site is Ukrainian. Translations into other languages are published for convenience; in case of discrepancies, the Ukrainian version prevails.
5.6. Listing a Product in the Site's catalog is an offer regarding Products the Seller has available. The actual availability of a Product is confirmed when the Order is confirmed under section 6 of the Contract.
6. Placing an Order and concluding the Contract
6.1. Orders are placed exclusively through the Site. Messages sent to the Seller on social networks, in messengers, in comments or via other channels are not an Order, create no obligations for the Seller, and are informational only.
6.2. To place an Order the Buyer adds the selected Products to the cart, proceeds to checkout and provides the following data:
a) the recipient's last and first name;
b) a contact phone number;
c) an email address;
d) the delivery method and delivery address (settlement, branch, parcel locker, or the address for courier delivery);
e) the payment method.
6.3. Until clicking the button that completes the Order, the Buyer can check and correct the entered data, and change the cart contents, delivery method and payment method. The names, quantity and price of the Products, the delivery cost (if calculated by the Site), the cash-on-delivery surcharge (if selected) and the total amount payable are shown to the Buyer before the Order is completed.
6.4. The Buyer is responsible for the accuracy and currency of the data provided. The consequences of providing inaccurate data (including delivery to a wrong address, inability to contact the Buyer, or receipt of the Product by an unauthorized person) fall on the Buyer. By placing an Order, a natural person confirms they are at least 18 years old.
6.5. This offer is accepted by the Buyer placing an Order on the Site (clicking the button that completes the Order). The Contract is considered concluded:
a) for online payment: from the moment the Order is successfully paid and the Seller sends an electronic confirmation of Order acceptance to the Buyer's email;
b) for payment on receipt (cash on delivery): from the moment the Seller confirms the Order, of which the Buyer is notified electronically.
6.6. The electronic Order confirmation, together with this Contract published on the Site and the Payment Document, contains the information required by part two of Article 13 of the Law of Ukraine “On Consumer Protection” and Article 11 of the Law of Ukraine “On Electronic Commerce”, in particular: the Seller's name and registered address, the claims procedure, the names and prices of the ordered Products, the delivery cost, the payment terms, and the procedure for withdrawing from and terminating the Contract. Such confirmation constitutes confirmation of information within the meaning of part three of Article 13 of the Law of Ukraine “On Consumer Protection” and an electronic document certifying the conclusion of the Contract.
6.7. The Seller may decline to confirm an Order, or cancel an unconfirmed Order, if:
a) the data provided by the Buyer is incomplete, inaccurate or raises reasonable doubts;
b) the ordered Product is out of stock or withdrawn from sale;
c) the price, description or image of the Product at the time of the Order contained an obvious technical error (in particular an obviously understated price caused by a glitch or input error), of which the Buyer is notified with an explanation;
d) there are reasonable signs of bad faith in the Order: systematic failure to collect previous shipments without valid reasons, signs of fraud, use of others' payment instruments without legal grounds, or abuse of promotions or promo codes;
e) the Order exceeds the quantity limits set by the Seller under clause 6.10 of the Contract.
If such an Order has already been paid, the Seller refunds the Buyer in full within 7 (seven) business days of the cancellation.
6.8. If the ordered Product is unavailable after the Contract is concluded, the Seller notifies the Buyer without delay, and no later than 30 (thirty) calendar days from the conclusion of the Contract.
6.9. If a Product is unavailable, the Seller may offer the Buyer a replacement that serves the same purpose, is of the same or better quality, and is priced no higher than the ordered Product. A replacement is made only with the Buyer's consent. If the Buyer declines, or a replacement is impossible, the amounts paid are refunded to the Buyer in full within 7 (seven) business days.
6.10. The Seller may set limits on the number of Product units available for order by one Buyer or in one Order, in particular for promotional Products. Information on such limits is published on the Site or in the Rules of Individual Promotions.
6.11. In the cases and manner established by the legislation on payment transaction recorders, the Buyer is provided with a Payment Document in electronic form to the email address they provided, or in another way provided by law. By providing an email address at checkout, the Buyer agrees to receive the Payment Document in electronic form. An electronic Payment Document is equivalent to a paper one. A paper copy is provided at the Buyer's request.
7. Price and payment
7.1. Product prices are set by the Seller independently and stated on the Site. The Product price in force at the time the Order is placed applies.
7.2. The Seller may change Product prices unilaterally until an Order is placed. The price of a Product in an Order confirmed under clause 6.5 of the Contract is not subject to change, except in the case of an obvious technical error under sub-clause (c) of clause 6.7 of the Contract.
7.3. Payment is made in hryvnia by one of the following methods:
a) online card payment via the acquiring service connected to the Site (including Apple Pay or Google Pay). Payments are processed by the payment service; the Seller does not receive or store the full details of the Buyer's bank cards;
b) cash on delivery when receiving the Product from the Carrier. A surcharge for this payment method is added to the total of a cash-on-delivery Order and shown at checkout; the Carrier's money-transfer services are paid by the Buyer additionally at the Carrier's rates.
7.4. The payment date is the date the payment service confirms a successful payment, or the date the funds are credited to the Seller's account.
7.5. The Buyer confirms having legal grounds to use the payment instrument used for payment and bears full responsibility for the lawfulness of its use. In case of a reasonable suspicion of unauthorized use of a payment instrument, the Seller may suspend fulfilment of the Order until the circumstances are clarified, notifying the Buyer.
7.6. The terms of promotions, discounts, loyalty programs and promo codes are set by the Rules of Individual Promotions. Unless those Rules provide otherwise, one promo code applies per Order and discounts do not stack. If, due to a technical failure or abuse, a discount or promo code was applied in breach of the Rules of Individual Promotions, the Seller may cancel the corresponding Order before the Product is dispatched, with a full refund in the manner of clause 6.7 of the Contract.
8. Delivery
8.1. Delivery is made within the territory of Ukraine, except temporarily occupied territories and territories where the Carrier's services are unavailable.
8.2. Delivery is made by the Carrier (branch, parcel locker, or courier delivery to an address) at the Buyer's choice from the options available at checkout. Free-delivery terms (if any) are published on the Site.
8.3. The Seller hands the Product to the Carrier within 3 (three) business days from the conclusion of the Contract under clause 6.5 (usually within 1-2 business days). The transportation period is determined by the Carrier's regulations and rates. The total period for handing the Product to the Buyer may not exceed 30 (thirty) calendar days from the conclusion of the Contract; if the Contract cannot be performed within that period, clauses 6.8 and 6.9 of the Contract apply.
8.4. In the event of security-related circumstances (air-raid alerts, hostilities, damage to energy or logistics infrastructure, restrictions on the Carrier's operations), the period for handing the Product to the Carrier is extended for the duration of such circumstances. The Seller informs the Buyer of significant delays. Prolonged circumstances are governed by section 15 of the Contract.
8.5. After the Product is dispatched, the Buyer is sent the Carrier's waybill number for tracking the shipment.
8.6. On receiving the Product, the Buyer must, in the presence of the Carrier's representative, check the packaging integrity, the Product's conformity to the Order by name, quantity and completeness, and the absence of external damage. If damage, shortage or non-conformity is found, the Buyer, together with the Carrier's representative, draws up a report using the Carrier's form at the moment of receipt and notifies the Seller without delay.
8.7. Receiving the Product without remarks confirms the absence of the Buyer's claims regarding the Product's appearance, quantity and completeness. This does not limit the Buyer's statutory rights regarding defects that could not be discovered during an ordinary inspection on receipt.
8.8. Ownership of the Product, and the risk of its accidental loss or damage, pass to the Buyer from the moment the Carrier hands the Product to the Buyer (recipient).
8.9. The shipment's storage period is set by the Carrier's regulations. If the Buyer does not collect the Product within the storage period, the shipment is returned to the Seller. In that case:
a) for a prepaid Order, the Contract is considered terminated; the Seller refunds the Buyer the Product price paid, less the Seller's documented costs of delivering the shipment to the Buyer and returning it, within 7 (seven) business days of receiving the returned shipment;
b) for a cash-on-delivery Order, the Seller may demand that the Buyer reimburse the documented costs of sending and returning the shipment;
c) re-dispatch of an Order happens by agreement of the Parties after the Buyer pays for the repeat delivery;
d) for a Buyer who has failed to collect shipments three or more times without valid reasons, the Seller may accept further Orders only on full prepayment.
9. Rights and obligations of the Parties
9.1. The Seller undertakes to:
a) hand over to the Buyer a Product of proper quality in accordance with the confirmed Order;
b) publish accurate information on the Site about the Products, their prices and terms of sale;
c) fulfil Orders within the periods provided by the Contract, or notify the Buyer in good time that fulfilment is impossible;
d) review the Buyer's requests and claims in the manner and within the periods provided by the Contract and the law;
e) process the Buyer's personal data in accordance with the law and the Privacy Policy.
9.2. The Seller has the right to:
a) change the Product range, prices and terms of the Contract in the manner provided by the Contract;
b) decline to confirm or cancel Orders in the cases provided by clause 6.7 of the Contract;
c) engage third parties (Carriers, payment services, fiscalization services, other contractors) to perform its obligations;
d) temporarily restrict access to the Site for technical maintenance;
e) withdraw this offer or suspend the acceptance of Orders;
f) suspend access to the Personal Account or individual Site features if the Buyer breaches the Contract, acts to disrupt the Site's operation, or otherwise abuses it, until the breaches stop.
9.3. The Buyer undertakes to:
a) read the terms of the Contract, the Product information, and the delivery and payment terms before placing an Order;
b) provide accurate data needed to fulfil the Order;
c) accept and pay for the Product on the terms of the Contract;
d) check the Product on receipt in accordance with clause 8.6 of the Contract;
e) use the Site lawfully and refrain from actions aimed at disrupting its operation, circumventing technical restrictions, or gaining unauthorized access;
f) keep the Payment Document for the period established by law for raising claims about the Product.
9.4. The Buyer has the right to:
a) demand that the Seller perform the terms of the Contract;
b) receive complete and accurate information about the Product before concluding the Contract;
c) withdraw from the Contract, return or exchange the Product in the cases and manner provided by section 10 of the Contract and by law;
d) contact the Seller with questions, requests and claims using the contacts listed in section 17 of the Contract.
10. Withdrawal, returns and exchanges
10.1. Consumer withdrawal from the Contract (termination of a distance contract).
10.1.1. A Buyer who is a consumer may terminate the Contract in respect of a Product covered by that right under the law, by notifying the Seller within 14 (fourteen) days of receiving the Product, in the manner of Articles 12 and 13 of the Law of Ukraine “On Consumer Rights Protection”.
10.1.2. Notice of termination is sent to support@kumiho.beauty with the subject “Contract withdrawal”, stating the Order number, the Buyer's last and first name, the list of Products, and refund details (if needed). Returning the Product to the Seller also constitutes termination of the Contract.
10.1.3. The right of termination under this clause does not apply to:
a) perfumery and cosmetic Products included in the List of Goods of Proper Quality Not Subject to Exchange (Return) approved by the Cabinet of Ministers of Ukraine. Clause 10.2 of the Contract applies to such Products;
b) Products supplied in sealed (protective) packaging for hygiene and safety reasons, if the packaging was opened after receipt;
c) Products made or assembled to the Buyer's individual order.
10.1.4. To exercise the right of termination, the Buyer must keep the Product unchanged. A Product delivered to the Buyer by postal shipment (via the Carrier) is returned to the Seller likewise by postal shipment (via the Carrier) using the details the Seller provides in response to the Buyer's notice.
10.1.5. The amounts paid for the Product are refunded to the Buyer within 7 (seven) business days from the day the Seller receives the returned Product, and in any case no later than 30 (thirty) calendar days from receiving the Buyer's termination notice. The costs of returning the Product under this clause are allocated in accordance with the law.
10.2. Voluntary return of perfumery and cosmetic Products of proper quality.
10.2.1. Perfumery and cosmetic Products of proper quality are included in the List of goods not subject to exchange (return) approved by the Cabinet of Ministers of Ukraine and, by law, are not returnable.
10.2.2. Beyond the requirements of the law, the Seller accepts perfumery and cosmetic Products of proper quality for return within 14 (fourteen) days of receipt, provided all of the following conditions are met simultaneously:
a) the Product has not been used and shows no signs of use;
b) the presentation, consumer properties and full contents of the Product are preserved;
c) the factory packaging, protective film, seals, membranes and other tamper-evident features are intact and have not been opened;
d) a Payment Document or other proof of purchasing the Product from the Seller is available.
10.2.3. Opened or used perfumery and cosmetic Products of proper quality are not subject to return or exchange for hygiene and safety reasons.
10.2.4. To arrange a return under this clause, the Buyer sends a request to support@kumiho.beauty with the subject “Return”, stating the Order number, the list of Products, the reason for the return, and photos of the Product in the condition in which it is returned. Within 2 (two) business days the Seller agrees the procedure and shipping address with the Buyer.
10.2.5. Shipping of a Product returned under this clause is at the Buyer's expense and is not reimbursed by the Seller. The Product price is refunded within 7 (seven) business days from the day the Seller receives the Product and confirms its conformity to the conditions of clause 10.2.2. The cost of the Order's original delivery is not refundable.
10.2.6. The return under this clause is a right granted to the Buyer voluntarily by the Contract and does not limit the consumer's statutory rights.
10.3. Products of improper quality.
10.3.1. If defects are found in a Product, the Buyer has the rights provided by Article 8 of the Law of Ukraine “On Consumer Rights Protection”, including the right to demand replacement of the Product, a proportionate price reduction, or termination of the Contract and a refund in the cases established by law.
10.3.2. Claims regarding defects may be raised during the Product's shelf life stated by the manufacturer on the packaging. The Seller hands the Buyer a Product with enough remaining shelf life for its intended use.
10.3.3. A request regarding a Product of improper quality is sent to support@kumiho.beauty with the subject “Improper quality”, stating the Order number, a description of the defect, and photos or video confirming it. The Seller reviews the request within 7 (seven) business days of receipt.
10.3.4. If the causes of the loss of quality need to be determined, a quality check or expert examination is carried out in the manner and within the periods established by law, at the Seller's expense. If the examination proves that the defects arose after the Product was handed to the Buyer as a result of their breach of the rules of use, storage or transportation, or the actions of third parties, the Buyer's claims are not satisfied and the Buyer must reimburse the Seller for the cost of the examination in accordance with the law.
10.3.5. If the defect is confirmed, the Buyer's documented costs of shipping the Product to the Seller are reimbursed by the Seller. Refunds are made to the Buyer within 7 (seven) business days from the satisfaction of the corresponding claim.
10.3.6. The Seller is not liable for defects of the Product that arose after its handover to the Buyer as a result of the Buyer's breach of the rules of storage or use, the actions of third parties, or force majeure.
10.4. Exchanges are made by agreement of the Parties, subject to the corresponding Product being on sale; if no Product is available for an exchange, a refund is made in the manner of this section.
10.5. Products purchased within a promotion as a set or with additional promotional Products (including gifts with an Order) are returned together with all the Products received under the terms of that promotion, unless the Rules of Individual Promotions provide otherwise.
10.6. Refunds are made using the same method the payment was made with: to the bank card used for the online payment or, for cash-on-delivery payments, to the bank details (IBAN) provided by the Buyer. Together with the refund, the Seller adjusts (reverses) the payment transaction in accordance with the legislation on payment transaction recorders.
11. Product quality and usage warnings
11.1. The Seller sells original products placed on the market in compliance with the requirements of Ukrainian law on the safety and quality of perfumery and cosmetic products.
11.2. Before the first use of a cosmetic product, the Buyer is advised to run an individual sensitivity test (applying a small amount of the product to a limited area of skin) and to read the ingredient list on the packaging, particularly if the Buyer has known allergies.
11.3. Individual intolerance or an allergic reaction to the components of a Product that meets safety and quality requirements is not a defect of the Product and is not a ground for the claims provided by clause 10.3 of the Contract.
11.4. The Buyer must follow the storage and usage conditions stated by the manufacturer, including the period-after-opening.
12. Liability of the Parties
12.1. For non-performance or improper performance of their obligations under the Contract, the Parties are liable in accordance with the Contract and the legislation of Ukraine.
12.2. The Seller is not liable for:
a) the consequences of the Buyer providing inaccurate or incomplete data;
b) breaches of transportation and storage periods caused by the Carrier; the Seller nevertheless assists the Buyer in settling claims against the Carrier;
c) temporary unavailability of the Site for technical reasons or reasons beyond the Seller's control;
d) harm caused by using the Product contrary to the manufacturer's instructions, after its expiry date, or in breach of storage conditions;
e) the content of third-party sites that links from the Site may lead to.
12.3. The Seller's liability under the Contract is limited to the Buyer's documented direct losses and may not exceed the value of the corresponding Order, except where the law, in particular consumer-protection law, imperatively provides otherwise.
12.4. The Buyer is responsible for the accuracy of the data provided, the lawfulness of the payment instruments used, and the actions performed through their Personal Account.
12.5. Payment of penalties and compensation of losses do not release the Parties from performing their obligations under the Contract.
13. Personal data and confidentiality
13.1. The Buyer's personal data is processed in accordance with the Law of Ukraine “On Personal Data Protection” and the Privacy Policy published on the Site.
13.2. By placing an Order, the Buyer consents to the processing of their personal data (last name, first name, contact phone, email address, delivery address, Order data) for the purpose of concluding and performing the Contract, including the transfer of data, to the extent necessary, to the Carrier, the payment service and the fiscalization service.
13.3. Commercial and advertising messages (newsletters) are sent to the Buyer only with the Buyer's separate consent given via the corresponding checkbox on the Site. The Buyer may opt out of the newsletter at any moment via the link in a message or by writing to the email address listed in section 17 of the Contract. Service messages about the Order status (confirmation, dispatch, delivery, return) are sent regardless of newsletter consent, as they are necessary to perform the Contract.
13.4. Cookies and analytics tools on the Site are used in accordance with the Privacy Policy and the consent settings, which the Buyer can change on the Site.
13.5. The Seller undertakes not to disclose information received from the Buyer, except in the cases provided by law and when passing information to persons engaged in performing the Contract. The Buyer may exercise their data-subject rights (including access, correction and deletion) by writing to the email address listed in section 17 of the Contract.
14. Intellectual property and user content
14.1. All objects published on the Site (texts, photographs, images, logos, trademarks, design elements, program code, databases) are intellectual property of the Seller or are used by it on legal grounds. Using the Site's materials without the Seller's prior written consent is prohibited, except in the cases directly provided by the legislation of Ukraine.
14.2. The Buyer may publish reviews, ratings, comments, photos and other materials on the Site (“User Content”). By publishing User Content, the Buyer grants the Seller a free non-exclusive right to store, reproduce, publicly display and use it on the Site and in the Seller's materials for the purpose of informing about Products, without territorial or time limits.
14.3. The Buyer warrants that the User Content does not infringe third-party rights or the law. Publishing knowingly false information, insults, third-party advertising, or materials that break the law is prohibited.
14.4. The Seller may moderate User Content: decline to publish or remove materials that breach clause 14.3 of the Contract or the review-publication rules published on the Site. User Content reflects its author's opinion; the Seller is not responsible for its content.
15. Force majeure
15.1. The Parties are released from liability for full or partial non-performance of their obligations under the Contract if it is caused by force majeure circumstances that arose after the conclusion of the Contract and are beyond the Parties' reasonable control, including: hostilities and their consequences, missile and other strikes, damage to energy or transport infrastructure, mobilization measures, acts of state authorities, natural disasters, fires, epidemics, quarantine restrictions, and failures of Carriers, payment systems or communication networks caused by those circumstances.
15.2. The Party affected by force majeure notifies the other Party within 10 (ten) calendar days from the moment such notification became possible. Proper confirmation of force majeure is a certificate of the Ukrainian Chamber of Commerce and Industry or another document provided by law. For a Buyer who is a consumer, a notification without a certificate is sufficient.
15.3. For the duration of force majeure, the periods for performing obligations are extended by the duration of those circumstances and their consequences.
15.4. If force majeure lasts longer than 30 (thirty) calendar days, either Party may withdraw from the Contract in the part of the unperformed obligations by notifying the other Party. In that case, the amounts paid for an untransferred Product are refunded to the Buyer in full within 7 (seven) business days of such withdrawal.
16. Dispute resolution and other terms
16.1. Disputes arising from the Contract are resolved through negotiations. Requests and claims are sent to support@kumiho.beauty. The Seller reviews a claim and responds within 10 (ten) business days of receiving it.
16.2. If no agreement is reached, the dispute is resolved in court in accordance with the legislation of Ukraine. The rights of a Buyer who is a consumer to go to court and to choose jurisdiction are determined by law and are not limited by the Contract.
16.3. The Contract is effective from the moment of the Buyer's acceptance until the Parties fully perform their obligations.
16.4. The Contract is concluded in Ukrainian. Translations of the Contract into other languages (including English) may be published on the Site for convenience; in case of discrepancies, the Ukrainian version prevails.
16.5. The Parties correspond by electronic means using the addresses stated in the Contract and provided by the Buyer at checkout. Electronic messages sent to those addresses are a proper way of exchanging information and have the force provided by the Law of Ukraine “On Electronic Commerce”.
16.6. Matters not governed by the Contract are governed by the legislation of Ukraine.
17. Seller's details and contact information
Information under Article 7 of the Law of Ukraine “On Electronic Commerce”:
Sole proprietor (ФОП) Diakonov K.M.
Tax number (РНОКПП): 2647013591
Registered address: 1 S. Krushelnytskoi Ave., Sumy
Email: support@kumiho.beauty
Site: https://kumiho.beauty
Phone: +38 (067) 408-55-44
The Site accepts Orders around the clock; Orders and requests are processed on business days.