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Public agreement (offer)

PUBLIC OFFER AGREEMENT
LVKL CLOTHING TRADING CO. L.L.C
King Adel Mohammed Ali Jassim Al Marzouq – Bardab – Al Quoz First A – Office No. 22, Dubai

This agreement between LLC “Lika.in,” hereinafter referred to as the “Seller,” and a user of the internet site’s services, hereinafter referred to as the “Customer” or “Client,” is an agreement for placing, purchasing, and delivering Goods and defines the main terms of ordering, purchasing, and delivering goods through the website https://likaclothes.com. By acting with the intention to purchase Goods, the Customer accepts the terms of this sales and purchase agreement (hereinafter referred to as the “Agreement”) under the following conditions.

For communication with the Seller, the Client should use the following contact means, including the email address pr@likaclothes.com and the phone number +38 093 110 10 23.

DEFINITIONS
1.1 Public Offer (hereinafter referred to as the “Offer”) is a public proposal from the Seller addressed to an indefinite circle of persons to conclude a distance sales contract (hereinafter referred to as the “Contract”) under the conditions contained in this Offer, including all Appendices.

1.2 Order – the Customer’s decision to order the goods and their delivery, made in the online store and/or an instruction for purchasing and delivering goods.

1.3 E-mail address – an ICT system designation that allows communication through electronic means, including electronic mail.

1.4 Cookie – a text file in which a web page server records information on the computer’s hard drive used by the User. The information stored in the cookie file can be read by the web page server upon reconnection from the same computer, as well as by other servers.

1.5 Payment System Operator – a subject chosen by the Service Provider who provides services related to delivery, servicing, and processing of payments using cards.

1.6 Electronic Payments – a payment made by the Customer using a card, made within the framework of online banking supported by the Payment System Operator.

1.7 Means of Electronic Communication – technological solutions, including ICT equipment and related software tools that allow individual remote communication using data transmission between ICT systems, including electronic mail.

1.8 Web Page – a website owned by the Service Provider, located at the address https://likaclothes.com, through which Customers can use information services.

1.9 Services – any services that the Service Provider provides to Customers through electronic communication means based on these Terms.

1.10 Operator or Manager – an employee of the Seller’s company who provides customer service and communication.

PRODUCT PRICE
3.1 The price for each product item is indicated on the website of the Internet store.

3.2 The Seller has the right to unilaterally change the price for any product item.

3.3 In case of a change in the price of the ordered Product, the Seller undertakes to inform
the Buyer about the price change.

3.4 The Buyer has the right to confirm or cancel the Order to purchase the Product if the price has been changed by the Seller after the Order has been placed.

3.5 The Seller is not allowed to change the price for the Product that has already been paid for by the Buyer.

3.6 The Seller indicates the cost of delivering the Product on the website of the Internet store or informs the Buyer during the order placement process by the Operator.

3.7 The Buyer’s obligation to pay for the Product is considered fulfilled from the moment the funds are received by the Seller.

3.8 Settlements between the Seller and the Buyer for the Product are made by the methods indicated on the website of the Internet store, namely:
Visa/MasterCard;
Apple Pay/Google Pay;
Payment to the settlement account according to the details provided.

ORDER PLACEMENT
4.1 To use the Web Page, the Buyer must have a computer or other electronic device with Internet access and software for viewing web pages (browser), which supports cookies and scripts, as well as have an individual email account.

4.1.1 The Order for the Product is made by the Buyer through the Operator by phone: +38 093 110 10 23 or through the service on the website of the Internet store https://likaclothes.com.

4.2 When registering on the website of the Internet store, the Buyer undertakes to provide the following registration information:

4.2.1 Surname, first name, patronymic of the Buyer or the person specified by them (recipient);

4.2.2 Delivery address (if the delivery is to the Buyer’s address);

4.2.3 Email address;

4.2.4 Contact phone number.

4.3 The name, quantity, article number, and price of the selected Product are indicated in the Buyer’s cart on the website of the Internet store.

4.4 If the Seller requires additional information, they have the right to request it from the Buyer. In case the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.

4.5 When placing the Order through the Operator (clause 4.1 of this Offer), the Buyer undertakes to provide the information specified in clause 4.2 of this Offer.

4.6 The acceptance of the Buyer of the terms of this Offer is made by the Buyer providing the relevant data in the registration form on the website of the Internet store or during the Order placement through the Operator. After placing the Order through the Operator, the Buyer’s data is registered in the Seller’s database.

4.7 The Buyer is responsible for the accuracy of the information provided when placing the Order.

4.8 The distance sales and purchase agreement between the Seller and the Buyer is considered concluded from the moment of electronic registration of the Order on the service of the website of the Internet store or when the Seller issues a cash or sales receipt or other document confirming the payment for the Product.

DELIVERY AND TRANSFER OF GOODS TO THE BUYER
5.1 The delivery of the goods is carried out by the employees of the internet store or with the involvement of third parties (carrier), namely:

DHL (DHL Express) – one of the largest international companies for express mail and logistics delivery. It offers delivery services for goods and documents to more than 220 countries worldwide.

UPS (United Parcel Service) – a global delivery and logistics company that provides services worldwide.

Nova Poshta – a Ukrainian company specializing in logistics and courier services. The company focuses on the delivery of postal items, packages, goods, and other items throughout Ukraine and beyond its borders.

Ukrposhta (Ukrainian State Postal Company) – the state postal company of Ukraine, which provides postal delivery services, courier services, financial services, and other logistics services.

5.1.1 The delivery time depends on the location of the Customer. The package is sent within the time specified by the Carrier, starting from the date of concluding the contract. The Seller is not responsible for any delays or non-delivery of the order within the agreed term due to events and situations that were beyond the Seller’s control and hindered the fulfillment of the order.

5.2 Self-pickup of the goods:

5.2.1 After the order is placed, the Buyer can make the payment and collect the goods.

5.2.2 Ownership and the risk of accidental loss or damage to the goods pass to the Buyer or their Representative from the moment of receiving the goods by signing the goods receipt and/or order (and/or commission for the purchase and delivery of goods).

5.4 Upon receiving the goods, the Buyer should, in the presence of the courier’s representative, check the compliance of the Goods with qualitative and quantitative characteristics (product name, quantity, completeness, shelf life).

5.5 The Buyer or the Buyer’s Representative, upon receiving the goods, confirms with their signature on the goods receipt and/or order for the delivery of goods that they have no claims regarding the quantity of the goods, its appearance, and completeness.

RETURN OF GOODS
6.1. The Buyer has the right to refuse non-defective goods at any time before its transfer and after the transfer of non-defective goods, in accordance with the provisions of the Law of Ukraine “On Consumer Protection.”

6.1.1. To exercise the right to return the goods, the Customer must inform the Seller by means of communication: by email at pr@likaclothes.com or by phone at +38 093 110 10 23.

6.2. The return of non-defective goods of proper quality is possible if its commercial appearance, consumer properties, as well as a document confirming the fact of purchase and the terms of ordering the specified goods are preserved.

6.3. The Buyer does not have the right to refuse non-defective goods that have individually defined properties if such goods can only be used by the Consumer who purchased them (including non-standard sizes and other features requested by the Buyer). Confirmation that the goods have individually defined properties is the difference in sizes and other characteristics indicated on the website.

6.5. In case of the Buyer’s refusal of non-defective goods of improper quality, the Seller refunds the amount equal to the cost of such goods, excluding the expenses of the Seller for the delivery of the returned goods.

6.6. The refund amount specified in clause 6.5 is made simultaneously with the return of the goods.

LIABILITY OF PARTIES
7.1. The Seller is not liable for any damage caused to the Buyer as a result of improper use of the Goods previously ordered on the Service https://likaclothes.com and purchased from the Seller.

7.2. The Seller is not liable for improper or untimely fulfillment of Orders and obligations if the Buyer provides inaccurate or false information.

7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer shall be released from liability for full or partial non-performance of their obligations if such non-performance is a result of force majeure circumstances such as war or military actions, earthquakes, floods, fires, and other natural disasters that occurred independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The party unable to fulfill its obligations shall immediately notify the other party about it.

ADDRESS AND DETAILS
LVKLCLOTHING TRADING CO. L.L.C.
License N 1195696 Office 43-44, Ownedby Dubai Municipality, Al Fahidi, Bur Dubai

The terms used in this Contract shall have the following meanings:

Electronic Payment Instrument (hereinafter referred to as “EPI”) – a payment tool (payment card, etc.) that allows its holder to obtain information about the funds owed to the holder and initiate their transfer using a Payment Device.

User Verification – the process conducted by the Financial Company to confirm the compliance of the User (User’s representative) as a subject of primary financial monitoring with the identification data provided by them. User Verification is carried out by the Financial Company in accordance with the laws of Ukraine on the prevention and counteraction of money laundering, terrorism financing, and the financing of the proliferation of weapons of mass destruction.

Request – the User’s instruction for the transfer of non-cash funds from their account using EPI based on the information provided by the User, submitted electronically to the Financial Company using the Financial Company’s software.

User Identification – the process whereby the Financial Company, as a subject of primary financial monitoring, obtains the identification data from the User (User’s representative). User Identification is carried out by the Financial Company in accordance with the laws of Ukraine on the prevention and counteraction of money laundering, terrorism financing, and the financing of the proliferation of weapons of mass destruction.

User – Payer and/or Recipient of fund transfers.

Recipient – a natural person, legal entity, or individual entrepreneur whose account is credited with the transfer amount or who receives the transfer amount in cash (solely a natural person).

Payment System – a payment organization, participants in the payment system, and the set of relations arising between them when conducting fund transfers. Conducting fund transfers is a mandatory function performed by the payment system.

Fund Transfer – the movement of a specific amount of funds initiated by the Payer, with the purpose of crediting this amount to the Recipient’s account or issuing the transfer amount in cash (solely to a natural person).

Payment Device – a software and technical device (payment terminal, POS terminal, website, computers, and computerized gadgets such as smartphones, iPads, etc.) that enables the Payer to carry out operations to initiate fund transfers and perform other operations in accordance with the functional capabilities of such a device.

Payer – a natural person who initiates non-cash fund transfers using EPI in accordance with the Request submitted by the User and/or using the Payment Register in favor of the Recipient.

Payment Register – an information message submitted by the Payer to the Financial Company using any interaction channel, including but not limited to: using the Payer’s personal account via the website, mobile application, or other resources providing the relevant functionality, which contains one or more instructions to transfer funds to the benefit of the Recipients. Each instruction in the Payment Register contains sufficient information for the execution of the transfer to the Recipient (Recipient’s data required for the transfer).

All other terms specified in this Contract shall be used in the meanings set forth in the laws of Ukraine on payment systems and fund transfers in Ukraine, other legislative acts, and the rules of payment systems

SUBJECT OF THE AGREEMENT

2.1. Under this Agreement, the Financial Company, at the User’s request, conducts fund transfer operations in full compliance with the laws of Ukraine, including the Law of Ukraine on Payment Systems and Money Transfers in Ukraine, the Law of Ukraine on Financial Services and State Regulation of Financial Services Markets, the Law of Ukraine on Prevention and Counteraction to Legalization (Money Laundering) of Proceeds from Crime, Financing of Terrorism, and Financing the Proliferation of Weapons of Mass Destruction, as well as other legislative acts of Ukraine and regulatory documents of the National Bank of Ukraine.

2.2. In accordance with the obtained permits, the Financial Company exclusively engages in the provision of financial services related to fund transfers. Legal relations resulting from fund transfers arise, change, and cease solely between the Payer and the Payee. The Financial Company is responsible only for receiving monetary funds from the Payer and transferring the received funds to the benefit of the Payee.

2.3. The provision of financial services related to fund transfers by the Financial Company to individual persons, the Payers, is carried out exclusively under the terms of this Agreement for personal needs not related to the conduct of entrepreneurial activities by the Payers.

2.4. Under this Agreement, the Financial Company provides the Users with the following fund transfer services exclusively in the national currency of Ukraine and within the territory of Ukraine:

Transfer of non-cash funds from a physical person to another physical person, with disbursement of the transfer amount in cash to the physical person or crediting the transfer amount to the account of a legal entity or an individual entrepreneur or another physical person.
Transfer of non-cash funds by the Payer, who instructs the Financial Company to execute fund transfers using the Payouts Register to the benefit of the Payees (physical persons, legal entities, and individual entrepreneurs), with crediting the transfer amount to their accounts (held in any bank in Ukraine) or disbursement of the transfer amount in cash exclusively to a physical person.
Transfer of non-cash funds by the Payer, who instructs the Financial Company to execute fund transfers using the Payouts Register to the benefit of the Payee (a physical person) with crediting the transfer amount according to the EFT details. When initiating a fund transfer using the Payouts Register, the Payer transfers to the Financial Company an amount sufficient to fulfill the fund transfer in accordance with the Payer’s provided Payouts Register.

SERVICE DELIVERY PROCEDURE

3.1. Under the terms specified in this Agreement, the Financial Company executes the User’s instructions for conducting non-cash fund transfers initiated using an EFT (Electronic Funds Transfer) or by using a Payment Register submitted by the User, and the User undertakes to pay for the services provided by the Financial Company.

3.2. The creation of an EFT or Payment Register, taking into account the parameters specified by the User for fund transfer instructions, may be performed using the hardware and software complex of the Financial Company, and the Financial Company shall provide the User with access for review.

3.3. Prior to initiating the fund transfer operation, the Financial Company informs the User of the amount of the commission fee payable to the Financial Company for the provision of financial services related to fund transfers, as well as other essential terms and conditions of providing financial services related to fund transfers, including information as provided in Article 12 of the Law of Ukraine “On Financial Services and State Regulation of Financial Services Markets.” In cases where the collection of a commission fee from the Payer for the provision of financial services related to fund transfers is not foreseen, the Financial Company has the right not to display information about the commission fee in the corresponding Payment Device interface. The absence of information about the commission fee in the corresponding Payment Device interface indicates that no commission fee is being charged from the Payer.

3.4. Actions taken by the User confirming the formed EFT or Payment Register constitute an instruction to the Financial Company to execute the fund transfer operation based on the parameters contained in such EFT or Payment Register, taking into account the commission fee due to the Financial Company.

3.5. The correctness of the parameters contained in the EFT or Payment Register is the responsibility of the Payer who confirmed the instruction to conduct the fund transfer operation based on these parameters. The Financial Company is not responsible for errors made by the User when creating the EFT or Payment Register, including those that led to the execution of the User’s instruction to transfer funds in an incorrect amount or with incorrect details. In such cases, the financial service is considered to have been provided to the User properly and in accordance with the terms of the Agreement. The Payer and the Recipient must settle further transactions independently without the participation of the Financial Company.

3.6. After completing the fund transfer operation, the Financial Company generates a corresponding confirmation using the hardware and software complex of the Financial Company, which is provided to the User upon their request in electronic form through remote communication means chosen by the User, including but not limited to: displaying it in the relevant interface of the website, mobile application, other resources providing the corresponding functionality, sending it to an email address, SMS notification, informing via messengers, and so on.

3.7. The Financial Company executes fund transfers to the benefit of the Recipient within a period of no more than three business days from the initiation of the transfer by the Payer unless otherwise agreed in a separate agreement between the Financial Company and the User.

3.8. In cases where the details of Recipients coincide in the EFTs formed by the Payers or in the Payment Registers, the Financial Company has the right to transfer funds to the benefit of such Recipients with a combined amount, accompanied by a report including the decryption of the Payers, which is provided to the Recipient upon their request in electronic form through remote communication means chosen by the Recipient, including but not limited to: displaying it in the relevant interface of the website, mobile application, other resources providing the corresponding functionality, sending it to an email address, SMS notification, informing via messengers, and so on

RIGHTS AND OBLIGATIONS OF THE FINANCIAL COMPANY

4.1. The Financial Company has the right to:

Refuse to provide financial services to the User in the following cases:

Non-provision by the User of information required by law and/or necessary document
Detection of fraudulent or reputational risks in transactions initiated by the User.
In cases provided for by Ukrainian legislation on financial monitoring, including the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Illegally Obtained Income, Financing of Terrorism and Proliferation of Weapons of Mass Destruction,” and regulatory acts of the National Bank of Ukraine, refuse to maintain business relations/refuse to serve the User, including by terminating business relations/refusing to conduct a financial operation/freezing User’s assets related to terrorism and its financing, proliferation of weapons of mass destruction and its financing/stop operations.
Suspend the execution of a financial operation if the Financial Company discovers information requiring further analysis to determine whether the Financial Company needs to take specific actions to comply with legislation in the field of financial monitoring.
Implement any other restrictions related to reducing the risks of illegal operations resulting from the provision of financial services.
Unilaterally terminate this Agreement in accordance with the specified conditions.
Engage and enter into contracts with third parties, which are not prohibited by current legislation, in order to fulfill the obligations imposed on it by this Agreement.4.2. THE FINANCIAL COMPANY SHALL UNDERTAKE TO:

Provide Users with financial services for fund transfers in full compliance with the provisions of current Ukrainian legislation.
Prior to commencing a fund transfer operation, provide the User with information regarding the amount of the commission fee payable to the Financial Company and other essential terms and conditions of providing financial services related to fund transfers, including information as specified in Article 12 of the Law of Ukraine “On Financial Services and State Regulation of Financial Services Markets.”
Provide the User, upon their request, with a confirmation of the conducted operation in electronic form using remote communication means chosen by the User.
Ensure proper storage of information received from the User during the execution of this Agreement, including personal data.
Take measures to ensure information security when performing fund transfers in full compliance with the provisions of current Ukrainian legislation.
Provide information support to Users regarding the terms and conditions of providing financial services through customer support using communication means and according to the schedule provided on the Website. In this regard, the Financial Company reserves the right to refuse the User information support in case of the User’s improper behavior or the presence of other signs indicating User abuse.
Act as a subject of financial monitoring in accordance with the requirements of current Ukrainian legislation.

Refuse to serve the User/conduct financial operations in cases defined by current legislation on financial monitoring.

RIGHTS AND OBLIGATIONS OF THE USER

5.1. The User has the right to:

Utilize all types of financial services offered by the Financial Company under this Agreement. Contact the Financial Company for clarification regarding the provision of financial services related to fund transfers.
In case of a breach of its obligations by the Financial Company under this Agreement, the User has the right to unilaterally terminate the Agreement in full or in part, as a result of which the Agreement is deemed terminated from the date the User expresses such refusal.

5.2. The User is obligated to:

Comply with the requirements of current Ukrainian legislation and the terms of this Agreement when conducting operations.
Pay the commission fee to the Financial Company for providing financial services related to fund transfers.
Provide, upon the first request of the Financial Company, documents and/or information necessary for the Financial Company to conduct due diligence, including user identification and verification procedures, updating/clarifying the Financial Company’s information about the User, assessing the User’s financial condition, and/or financial monitoring of the User’s operations during the service.
By using the services of the Financial Company, the User’s consent to pay the commission fee and confirmation of awareness of all essential terms and conditions of providing financial services related to fund transfers are presumed.
The User confirms that the information specified in Part 2 of Article 12 of the Law of Ukraine “On Financial Services and State Regulation of Financial Services Markets” was provided to the User before entering into this Agreement.

LIABILITY OF THE PARTIES

6.1. The Financial Company is responsible to the User for the proper execution of fund transfers in accordance with the Law of Ukraine “On Payment Systems and Money Transfers in Ukraine.”

6.2. The User is responsible for the accuracy of the parameters provided by them, on the basis of which the Request and/or Register of Payments are formed, for the essence of the operation for which this transfer is made in accordance with the provisions of the current Ukrainian legislation.

6.3. In the event that banking institutions or relevant payment organizations recognize operations carried out by the Financial Company when providing financial services to the User in accordance with the procedure specified in this Agreement as having the characteristics of a fraudulent or invalid operation, the User undertakes to compensate the Financial Company for all losses as well as penalties that may be imposed on the Financial Company as a result of the execution of this Agreement. The parties agree that sufficient evidence of the fraudulent or invalid nature of the operations is the statements/notifications/confirmations received by the Financial Company in any form (including electronic) from banking institutions or payment systems, and the confirmation of losses incurred by the Financial Company is relevant settlement or primary documents indicating payment or withholding of the corresponding amounts for such fraudulent and/or invalid operations.

RESPONSIBILITY OF THE PARTIES

6.1. The Financial Company is responsible to the User for the proper execution of fund transfers in accordance with the Law of Ukraine on Payment Systems and Money Transfers in Ukraine.

ASSURANCES AND GUARANTEES

7.1. The Financial Company and the User confirm that they have a mutual understanding of the terms of the Agreement and its legal consequences, confirm the validity of their intentions when entering into it, and that the Agreement does not contain the characteristics of a fictitious or sham transaction. It was not concluded under the influence of a mistake regarding its nature, rights, and obligations of the Parties, as well as under the influence of deception or force majeure circumstances.

7.2. By joining the Agreement, the User declares and guarantees the following:

The User has the necessary legal capacity and capacity to enter into and execute the Agreement.
The User has taken all necessary actions to enter into and execute the Agreement, as well as to fulfill their obligations under the Agreement.
Acceptance of the terms of the Agreement (accession to it) by the User in the manner determined by the Agreement is complete and unconditional and implies the User’s consent to all the terms of the Agreement without exception and amendment.

DISPUTE RESOLUTION PROCEDURE

8.1. All disputes between the Parties to this Agreement arising from the conclusion, execution, and/or termination of this Agreement are resolved by the Parties in accordance with the provisions of the current legislation of Ukraine.

8.2. The Financial Company hereby declares and guarantees that any complaint or claim by the User, whether oral or written, that may arise from this Agreement, will be considered by the Financial Company. The period for considering the User’s complaint or claim shall not exceed 30 (thirty) calendar days. The Financial Company will also take all necessary measures to address the User’s complaint or claim, if such complaint or claim is justified.

8.3. In case of failure to reach an agreement between the Parties, the dispute shall be submitted to the court in accordance with the provisions of the current legislation of Ukraine.

FORCE MAJEURE

9.1. A Party shall be released from liability for non-performance of the terms of the Agreement if it proves that the sole direct cause of such non-performance is force majeure.

9.2. Force majeure events include, among other things, war, military actions, regardless of the fact of declaring war, invasion, rebellion, riot, civil unrest, terrorist act, fire, natural disasters, actions of state authorities that restrict or prevent the performance of obligations under the Agreement, or any other similar event beyond the control of the Party (hereinafter referred to as “Force Majeure”).

9.3. A Party affected by Force Majeure is obliged to take all reasonable and possible measures to minimize the negative impact of Force Majeure on the performance of the Agreement by that Party.

9.4. The facts of the existence and duration of Force Majeure are confirmed by documents of competent authorities authorized to certify Force Majeure circumstances in accordance with the legislation of Ukraine, including but not limited to the Ukrainian Chamber of Commerce and Industry.

CONTRACT TERMS. AMENDMENT OF THE CONTRACT

10.1. The contract comes into effect from the day the User joins the Contract and remains in force indefinitely.

10.2. Procedure for making changes to the Contract.

10.2.1. The financial company has the right to initiate changes to the Contract by posting the updated version of the Contract on the Website, mobile application, or other resources providing the corresponding functionality.

10.2.2. Posting the updated version of the Contract on the Website, mobile application, or other resources providing the corresponding functionality constitutes proper performance by the Financial Company of its obligation to inform the User about changes to the Contract. By joining the Contract, the User expresses their consent that the Financial Company’s changes to the Contract are not unilateral changes to the Contract, do not violate the rights and legitimate interests of the User, and do not result in a significant imbalance of contractual rights and obligations to the detriment of the User.

10.2.3. Changes to the Contract take effect from the moment of their posting (publication) on the Website, mobile application, or other resource providing the corresponding functionality, unless another effective date is specifically determined upon their publication.

10.2.4. If the User disagrees with the changes to the terms of this Contract, the User has the right to reject the Contract and accordingly cease using the services of the Financial Company.

10.3. Procedure for terminating the Contract

10.3.1. The Contract may be terminated in the following cases:

In cases and in the manner provided by the legislation of Ukraine.
At the initiative of the Financial Company unilaterally.

10.3.2. In the event of premature termination of this Contract, the Financial Company is obliged to post on the Website, mobile application, or other resource providing the corresponding functionality a statement by the Financial Company regarding the termination of the Contract, regardless of the grounds for terminating the Contract.

10.3.3. The Contract is considered terminated from the moment (date) of posting on the Website, mobile application, or other resource providing the corresponding functionality of the Financial Company’s statement of its termination.

10.4. The Contract may be terminated at the request of the User if the User is deprived of rights that they ordinarily had, as well as if the Contract excludes or limits the liability of the Financial Company for breach of obligations or contains other conditions that are clearly burdensome for the User. The User must prove that, based on their interests, they would not have accepted the Contract terms if they had the opportunity to participate in determining the Contract terms.

KEY PROVISIONS

11.1. This Agreement is concluded in the English language, and the terms of the Agreement are public, and the User agrees to them.

11.2. In all matters not provided for in this Agreement, the Parties shall be guided by the legislation of Ukraine.

11.3. The financial company informs the User of its obligations regarding the processing of their personal data for the purposes of preventing and combating money laundering, financing terrorism, and financing the proliferation of weapons of mass destruction. By entering into this Agreement, the User confirms that the Financial Company has provided such information.

11.4. In order to comply with the Law of Ukraine On Personal Data Protection, the User, by joining the Agreement, confirms the unconditional consent (authorization) to the processing of their personal data by the Financial Company, including their collection, registration, accumulation, storage, adaptation, modification (including at the request of third parties), renewal, use, and distribution (dissemination, realization, transmission), anonymization, destruction, including using information (automated) systems, solely for the purpose of fulfilling the terms of this Agreement for the time necessary and sufficient for the Parties to fulfill their obligations under the Agreement and comply with the legislation of Ukraine, unless otherwise provided by the legislation of Ukraine, including, but not limited to: receiving SMS messages, calls, emails, messages on the website, mobile application, and other resources that provide the corresponding functionality, as well as recording voice messages/statements of the User when contacting the support service, etc.

The following information is considered as the User’s personal data:

Electronic payment instrument details.
History of all money transfer transactions.
IP addresses.
Contact information: mobile phone number, email address.
User’s name and any additional information provided by the User voluntarily when initiating money transfer operations in the software and hardware environment on the website, mobile application, or other resources that provide the corresponding functionality.

Sensitive data (data related to personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person’s sex life or sexual orientation) are not included in the above list.

11.5. By joining the Agreement, the User confirms that they grant the Financial Company irrevocable and unconditional consent/authorization, and the Financial Company has the right to disclose (transfer) any or all information regarding the User in the following cases and to the following entities:

To banks and other legal entities if the relevant information under the Agreement is necessary to ensure the Financial Company’s performance of its obligations under this Agreement, as well as for conducting financial or other operations in the course of its ordinary activities, and if these entities provide services related to the main activities of the Financial Company and need to be informed about the information related to the Financial Company’s activities under the Agreement.
To state authorities, local self-government bodies, other institutions, authorities, and organizations that, in accordance with Ukrainian legislation, have the right to conduct inspections of the financial and economic and other activities of the Financial Company, based on their official requests and/or during the inspection of the financial and economic activities of the Financial Company.

11.6. The information that must be disclosed under the terms of this Agreement is disclosed (transmitted) by the Financial Company to the extent necessary to achieve the purposes for which it is transmitted.

Financial Company Details

LVKLCLOTHING TRADING CO. L.L.C.
License N 1195696 Office 43-44, Ownedby Dubai Municipality, Al Fahidi, Bur Dubai

By placing an order on the website, the Client automatically confirms their consent to the transfer of personal data to a third party, namely the payment service.

When placing an order on the website, the Customer automatically confirms their consent to the transfer of personal data to a third party, namely the payment service, as follows:

I, a user of the National Payment Service ZEN.COM, hereby give my consent to ZEN.COM (hereinafter referred to as the Data Controller) for the processing (collection, registration, accumulation, storage, adaptation, modification, updating, use, and dissemination (distribution, implementation, transmission), anonymization, destruction) of my personal data for the following purposes:

Ensuring the implementation of relations in the field of financial services provision and/or ensuring the implementation of relations in concluding agreements with data subjects by third parties, as well as conducting other activities in accordance with the statutory documents and legislation of Ukraine;

Fulfilling the terms of agreements that have been/will be concluded between the User and the Owner or the User with third parties with the assistance of the Owner, implementing and protecting the rights of the parties under the concluded agreements, which includes, but is not limited to, receiving SMS messages, calls, emails, messages on the website in the User’s account, as well as recording the User’s voice message/statement when contacting customer support, and more;
Implementing decisions of state authorities, court decisions, and requirements of Ukrainian legislation;
For the purpose of fulfilling other rights, functions, and duties of the Data Controller that do not contradict the legislation of Ukraine.
In particular, I consent to the transfer of my personal data to third parties, data processors listed below, within the limits established by the Law of Ukraine on Personal Data Protection. I also allow the storage of my personal data for a period corresponding to the purpose of processing personal data.
Entities to whom personal data are transferred:

In the presence of grounds for processing personal data, the Data Controller has the right to disseminate personal data, transfer them to third parties, including outside of Ukraine, to foreign data subjects related to personal data, or provide access to them to third parties, in particular:

To ensure the performance of functions by third parties or the provision of services to the Data Controller, including payment systems, banks, non-banking financial institutions, payment infrastructure service providers, auditors, and other contractors, if such functions and services relate to the Data Controller’s operations, transactions performed by them, or are necessary for the conclusion and performance of agreements (legal acts), the provision of relevant services to Users, and more;
In case there are grounds for transferring personal data to third parties in accordance with Ukrainian legislation or under the terms of concluded agreements;

In other cases provided for by Ukrainian legislation and the terms of agreements concluded by the Data Controller, and when the dissemination/transfer of personal data is necessary considering the functions, powers, and obligations of the Data Controller in the relevant legal relationships.

Rights of the data subject:

The list of rights of the data subject is determined by Article 8 of the Law of Ukraine on Personal Data Protection, which emphasizes that personal non-property rights to personal data, which every natural person has, are inalienable and inviolable.
Specifically, the data subject has the right to:

Know the sources of data collection, the location of their personal data, the purpose of their processing, the location or residence (stay) of the data controller or data processor, or give the appropriate authorization to authorized persons, except as provided by law.
Receive information about the terms of access to personal data, including information about third parties to whom their personal data are transferred.
Access their personal data.
Receive a response within no later than thirty calendar days from the date of receipt of the request, except as provided by law, regarding whether their personal data are being processed and receive the content of such personal data.
Make a reasoned request to the data controller to object to the processing of their personal data.
Make a reasoned request for the modification or deletion of their personal data by any data controller and data processor if such data are processed unlawfully or are inaccurate.
Protect their personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, non-provision, or untimely provision, as well as protection from the provision of information that is inaccurate or disgraces the honor, dignity, and business reputation of a natural person.
Lodge complaints about the processing of their personal data to the Authorized Person or to the court.
Apply legal remedies in case of violation of the legislation on personal data protection.
Place restrictions on the processing of their personal data when giving consent.

Withdraw consent to the processing of personal data.

Know the mechanism of automatic processing of personal data.

Protect against automated decisions that have legal consequences for them.

This document certifies that I have been informed of my rights as a data subject, including the inclusion of these rights in the Personal Data Base, the purpose of processing (collection) of my personal data, and the individuals to whom my personal data are transmitted (may be transmitted), and therefore, I do not require a separate written notification of the specified information.

The terms of this consent do not require separate notification to me about the transfer of my personal data to third parties, data processors. Therefore, please do not notify me of the transfer of my personal data to third parties, data processors, including foreign entities related to personal data.

Basis for the processing of personal data:

The processing of personal data is carried out with the consent of individuals and without such consent in cases determined by Article 11 of the Law of Ukraine on Personal Data Protection, including but not limited to:
To fulfill the functions, rights, duties, and powers of the Data Controller as defined by Ukrainian legislation, including the Law of Ukraine on Financial Services and State Regulation of Financial Services Markets, the Law of Ukraine on Prevention and Counteraction to Legalization (Laundering) of Illegally Obtained Income, Financing Terrorism and Financing Proliferation of Weapons of Mass Destruction, etc.
For the purpose of entering into and performing a legal act, in which the data subject is a party or which is concluded for the benefit of the data subject or for taking actions preceding the conclusion of a legal act at the request of the data subject.
To protect the vital interests of the data subject.
In cases where it is necessary to protect the legitimate interests of the data controllers, third parties, except when the data subject requires the termination of the processing of their personal data, and the need to protect personal data prevails over such interests.

Given the above, it is understood that the consent of the data subject is not the sole basis for processing personal data, and such processing can be carried out on other grounds mentioned above.