Terms of service for POKUPON website and the Pokupon & SuperDeal app
These Terms of Service ("TOS") shall be deemed as an agreement and come into their force since 01.05.2023.
These TOS are addressed to legally capable individuals who purchase the Goods in the Internet via website https://pokupon.ua ("Site") or the app "Pokupon & SuperDeal" ("MD"), and hereinafter referred to as "Users".
These TOS shall be deemed as the official and public offer of Pokupon ("Agent" or "Pokupon"), which identification details are indicated below and which may act on its own behalf and/or on behalf of and at the expense of the person specified in the Annexes to this Agreement ("Seller"), to enter into the Agreement and/or Agreements, the subject of and terms of which are set out in the Annexes to such agreements, as follows:
1. Terms and definitions:
Public Offer - a offer to purchase the Seller's Goods and / or Information Services, which is published on the Site and / or in the MD, addressed to the general public, including Users;
Promo - an event carried out by the Seller, aimed at selling the Seller's Goods to Users on the Special Terms specified in the Public Offer. The special terms and conditions of each specific Promo are published on the Website and / or in the MD and are an integral part of the Public Offer (Appendix);
User Balance – the right of the User to demand a Certificate and/or Coupon on the website https://pokupon.ua and/or in the application "Pokupon & SuperDeal" at the discretion of the User in the appropriate amount, which is the size of such Balance;
Information Service – Pokupon's service about the Promos held by the Seller, as well as the Pokupon's service, which consists in granting the User a right to participate in such Promo for a limited number of times. The limit on participations is specified in the Appendix, and if such limit is not specified, it is considered that the Information Service is provided for a one-time participation in the Promo;
Certificate - a document that contains a unique alphanumeric code that allows to identify users uniquely, to confirm receipt by the User of the Information Service and entitles such User to claim the Goods from the Seller on Special Terms specified in the Promo during the validity of the Certificate. The list Goods, the Special Terms for sale of the Goods, as well as other essential conditions for the sale of the Goods to the User, to which the Certificate entitles, are indicated on the Site and/or in the MD and shall be deemed as the integral part of the Public Offer (Appendix);
Coupon - a document that contains a unique alphanumeric code that allows identify users uniquely, and which also the Information Service was received by an User;
Promo Period - the period of time during which the Seller provides Users with the opportunity to order / purchase / receive the Goods from the Seller on Special Terms;
Special Terms - the terms of the Seller's offer, which differ from the typical terms of sale of the Goods by one or more essential terms, such as price, duration, etc. A specific list of Special Terms is indicated in the Annex;
Certificate's Period - the period during which the User has the right to request from the Seller to pass/transfer of the Goods to the User under the terms of the Public Offer and its Appendices. The precise Certificate's Period is indicated in the Certificate. The Certificate's Period cannot be changed, extended or renewed;
Coupon's Period – the period during which the Seller's Promo is valid. Coupon's Period is indicated on the Site and/or in the MD;
Goods – a circulatable goods, work and / or services, or any combination thereof, provided by the Seller.
2. Registration on the Agent's Website in the Internet: https://pokupon.ua/ or in the application "Pokupon & SuperDeal" and/or making a payment under paragraphs 9-10 hereof is considered a full and unconditional consent of an User to enter into the Agreement under the terms of these TOS ("Consent").
3. The Consent means a User agrees with all terms of TOS and Annexes hereto, which is deemed to be equal to entering into the Agreement and Annexes thereto.
4. The scope, terms and conditions of the Agreement are specified in the relevant Annex thereto (terms of Promo).
5. The Annexes to the Agreement are unalienating parts thereof. All terms and conditions contained in the Annexes to the Agreement are the terms of the Agreement.
6. Any Annex to the Agreement is located in the section "Terms of the Promo" on the Agent's Site and/or in the MD, which contains information about the scope, terms and conditions of the agreement with the Seller and/or Pokupon.
7. The Agent's authorization regarding the Goods is limited to posting the scope and terms of the Agreement on behalf and at the expense of the Seller on the Site and/or in the MD, as well as documenting the agreement by means of collecting payments from Users and providing Users with a Certificate, as indicated in the paragraph 11 of TOS. The rights and obligations under the Agreement arise directly between a User and the Seller. The Agent is not responsible for the Seller's performance of the Agreement.
8. The Agent's authorization regarding the Promo is limited to providing Users with the Information Service, as well as providing Users with a Coupon and/or Certificate in the manner prescribed by paragraph 11 of the TOS.
9. Pursuant to the TOS, the User also agrees to receive Information Services regarding from Pokupon about a Promo and/or Special Terms of a Seller. The User accepts and agrees that the payment for such Pokupon's Information Services is the essential part of the cost of a Certificate and/or a Coupon.
10. A User pays in the amount specified in the relevant Annex to the Agreement to the current account of the Agent in the manner specified on the Site and/or in the MD. The payment shall be executed in non-cash.
All costs for payment of the amount specified in paragraph 10 of the TOS shall be borne by the User.
11. Proof of conclusion of the Agreement by the User is the provision of a unique code to the Seller, which is assigned to the User after registration on the Site or in the MD and/or purchase of Coupon and/or Certificate, and/or presentation of Coupon/Certificate. Any other evidence of an Agreement with the Seller and/or Pokupon is not applicable.
12. The procedure for the exchange of information between the Seller and the User is determined and communicated to Users on the Site and/or in the MD.
13. The User consents Pokupon to use and process of the User's personal data in accordance with current legislation of Ukraine. The terms and conditions of Users personal data processing on the Site and/or in the MD are made in accordance with current legislation of Ukraine and govern the relationship between the Agent and the User. Any User can get acquainted in details with the terms and conditions of the such personal data processing on the Site at the following link: https://pokupon.ua/ru/pg/privacy_policy
13.1. Any person who registers on the Site or in the MD and/or buys the Goods and provides the Agent with personal information by filling in the relevant fields on the Site or in the MD confirms person's acquaintance with these TOS and agrees to allow the processing of personal data in the manner prescribed in this TOS.
13.2. By accepting the TOS, a User agrees to the use of User's personal data by the Agent during order placing, as well as to send information about Promos, newsletters with the latest news, new arrivals, new offers, special offers and sales announcements via e-mail, SMS, MMS, and any other available communication channels.
13.3. A User agrees to the Agents shall have a right to transfer User's personal data to third parties who are not Sellers, for marketing purposes and to ensure delivery of the Goods to the User, as well as to send information and promotional materials of such third parties.
13.4. By accepting this TOS, the User agrees that in cases provided by law, the Agent provides personal data of the Buyer to judicial, law enforcement or other government agencies at their request.
13.5. A User can opt out of the mailing list and delete all personal data from the database by sending a letter to the Agent's e-mail address, or by clicking on the unsubscribe link at the end of the mailing list.
13.6. The User agrees that all personal data which are acknowledged so in accordance with the laws of Ukraine, is provided by the User voluntarily, and the User is informed that such personal data will be processed and stored by the Agent in accordance with the Law of Ukraine "On Personal Data Protection".
14. The User agrees that after the registration procedure on the Site or in the MD and/or purchasing of Goods on the Site and/or in MD, the Agent is allowed to send letters and messages to the registered e-mail address, including of advertising nature.
15. By indicating the phone number in the personal profile and/or when registering on the Site and/or in the MD, the User automatically agrees to receive SMS advertising messages. If the User intends to stop receiving such messages, the User shall fill out an application using the feedback form on the Agent's Site.
16. Subject to the provisions of the TOS, the User gives the consent to the Agent to record a telephone conversation when contacting the Agent at the telephone numbers of the Agent specified in the TOS, solely to improve the quality of customer service. In this case, the Agent undertakes not to transfer the recording of the telephone conversation to third parties (except the Seller) without the consent of the User.
17. Refund of the Certificate is carried out exclusively on the grounds provided by Art. 8, 9 of the Law of Ukraine "On Consumer Protection", taking into account that the cost of the Certificate includes the cost of the Information Service. When returning funds to the User for the Certificate, transaction losses (bank/payment system fees) are deducted when transferring funds in the amount of 5% of the total value of the Certificate when transferring funds to the User Balance on the Site or in MD or 7% of the full value of the Certificate when returning funds to the User's bank card.
The User has the right to demand termination of the Agreement and replacement of the Certificate with another one within fourteen days from the date of its purchase, or in other cases provided by the current legislation of Ukraine, or refund of the Certificate except the cost of Information Service, unless otherwise is envisaged in the TOS or the Annex for the specific Promo. Refunds for unused Certificates in international tourism promotions are made on the basis of an agreement with the tour operator, which is concluded directly between the User and the tour operator.
If the User has not exercised the right to request from the Seller to pass/transfer of the Goods on the Special Terms specified in the Promo within the Certificate's Period, such right is deemed expired on the following day, and the obligations of the Agent and the Seller shall be deemed as terminated and/or unenforceable; upon expiration the amount paid for the Certificate is non-refundable.
Transfers can be made to the User Balance or refunding to the User's bank card can be made on the basis of an e-mail sent via the feedback form on the Site or in the MD.
Refunds from the User's Balance to the User's bank card are made on the basis of a written application with copies of relevant documents (copies of the Certificate, passport and certificate of tax identification number). The application can be downloaded at the link "Application for refund". The written application must be sent to the Agent's postal address: 71 Kostiantynivska St., Kyiv, 04080, PO Box 140, as well as to add copies of the Certificate, passport and certificate of tax identification number. The application must contain the following mandatory details, according to the requirements of payment systems:
- Name of the recipient
- Recipient's tax identification number
- Name of bank
- Card number
- Bank account (according to IBAN standard)
- Scope of payment (replenishment of the card № and name of the cardholder) These data are provided by the bank only at the personal request of the cardholder. Without such instructions, the Agent will not be able to transfer funds to a bank card, even if he knows the card number.
If the User refuses to provide the original Refund Application and/or a copy of the passport and/or tax identification number, the Agent will not be physically able to make a refund. In this case, it is only possible solution is to transfer funds to the User Balance in User's personal account.
In case of transferring of funds on the User Balance or in case of self-replenishment of the User's Balance in the personal account, the User undertakes to use such funds for a period not exceeding 36 (thirty six) months from their crediting to the personal account. Otherwise, the Agent has the right to write off the specified balance as the accounts payable of the Agent.
Procedure for returning tickets to events:
According to the Order of the Ministry of Culture and Arts of Ukraine of 07.07.1999 № 452 "On approval of the Instruction on ticket management in theatrical and entertainment enterprises and cultural and educational institutions", in case of cancellation, transfer or change of the event visitors (spectators, listeners) shall have the right to return previously purchased tickets. Refunds to visitors (spectators, listeners) are made by the organizers of the event with the presentation of an identity document (passport, military ID, student ID, driver's license, service ID). Based on the above, the return of purchased tickets is possible only in case of cancellation, transfer or change of the event, and the return of tickets after the event is not possible.
Refunds for the purchased Certificate, if the payment was made through the service "Payment in installments", is made on the basis of an email sent through the feedback form on the Site or in the MD only to the card from which the payment was made. In this case, transaction losses (banks' / payment systems commissions) may be deducted from the amount of refundable funds in accordance with the terms of the User's agreement with the corresponding bank that provided the "Payment in installments" service.
Refund of the Certificate (excluding the Information Service) is made within 7 calendar days from the date of the User's application and the User provides all information necessary to process the application, as well as all documents provided by the TOS and the legislation of Ukraine, provided that money for the purchased Certificate have not been transferred to the Seller.
If the money for the purchased Certificate (excluding the cost of the Information Service) is transferred to the Seller and/or the Certificate is activated, and the Seller in turn refuses to return the money for the purchased Certificate to the Agent, the User must request a refund of the value of the Certificate purchased directly to the Seller, and the Agent is not obliged to reimburse the User for the amount of money transferred to the Seller for the Certificate purchased by the User. In this case, the request for a refund shall be delivered to the Seller directly.
18. Refunding the cost of the Information Service is carried out exclusively on the grounds provided for in Art. 10 of the Law of Ukraine "On Consumer Protection". To reimburse the cost of the Information Service, the User submits to Pokupon confirmation from the Seller in any form that the Seller has refused to transfer the Goods to the User on Special Terms. Reimbursement of the Information Service is made by the Agent within 14 working days from the moment of the User's application and provision by the User of all documents stipulated by the TOS and the legislation of Ukraine, or from the moment of confirmation of the Seller's refusal to transfer the Goods to the User.
19. The User agrees that if the Certificate has been used (activated), or the Coupon has been provided to the Seller, the Seller is responsible for non-provision and / or improper provision of the relevant Goods or sales of the Goods of improper quality, and all claims, including claims regarding the return of funds are sent directly to the Seller.
20. The Agent reserves the right to accrue bonuses/coins (additional incentives for purchases made on the Site and/or in the MD, and/or subject to other conditions) to the User, which the User may use only in the "Prize Wheel" section. The User cannot purchase Certificates/Coupons for bonuses/coins. The User can use the accrued bonuses/coins within 90 calendar days from the moment of accrual, in case of their non-use for the specified period the bonuses/coins are expired. The Agent reserves the right to change the order of accrual and expiration of bonuses/coins.
21. Neither Party shall be liable to the other Party for failure to fulfill obligations due to force majeure, which arose independently of the will and desire of the Parties and which cannot be foreseen or avoided, including war, strike, epidemic, flood, fire, earthquake, or other natural phenomena, actions and acts of state bodies. In case of occurrence of such force majeure circumstances, the terms of fulfillment of the respective obligations shall be extended for the entire period of validity of such force majeure circumstances. If force majeure continues for more than three consecutive months after the final date of such obligation, the User has the right to refuse to accept the Agent's or Seller's obligations under the Agreement or a separate Annex thereto, notifying the Agent and agreeing with him all disputes.
22. The Agent has the right to make changes to the Terms of Service without prior notice. Such changes take effect from the moment of their publication on the Site and/or in the MD and are accepted by the User in the moment of Consent. .
23. Agent's details:
Individual entrepreneur Nataliia Zaikova
Legal address: 19 Slavy Street, Podilsk, Odesa region, 66305, Ukraine
Address for correspondence (postal address): 71 Kostiantynivska St., Kyiv, 04080, PO Box 140
EDRPOU code 3429611442
Bank details:
IBAN UA513052990000026001024906621
Bank: JSC CB "PRIVATBANK"
MFO: 305299
Payer of single tax of the 2nd group