PUBLIC OFFER AGREEMENT
1. General Provisions
1.1. This Agreement (hereinafter referred to as the “Agreement”) is a public contract in accordance with Articles 633 and 641 of the Civil Code of Ukraine. Its terms are the same for all Buyers, and the Buyer’s unconditional acceptance of these terms shall be deemed acceptance of the offer, for which purpose the Seller publishes this Agreement.
This Agreement is an official offer of Private Entrepreneur Tulinova Tetiana Volodymyrivna, hereinafter referred to as the “Seller,” to conclude a contract for the sale of Goods and/or the provision of Services by remote means, i.e. through the online store on the Seller’s official website at https://thehardkiss.com/shop, where the Seller publishes this Public Offer (Offer).
1.2. The terms of the Public Offer are binding upon the Seller from the moment of their publication on the Website. For the Buyer, the terms of the Public Offer become binding only from the moment the Agreement is concluded.
1.3. The Agreement shall be deemed concluded and shall enter into force from the moment the Buyer accepts the Public Offer.
1.4. The latest version of the Offer shall become effective from the moment the relevant version is published by the Seller on the Website and shall remain valid until the Offer is withdrawn.
1.5. The Seller reserves the right to unilaterally amend the Offer, provided that it is first published on the Website at https://thehardkiss.com/shop, or to withdraw it at any time. The current valid version of the Agreement shall always be available on the Website. If the Seller makes amendments to the Offer, such amendments shall become effective from the moment of publication on the Website, unless another effective date is additionally specified upon publication.
2. Terms and Definitions
2.1. In this Offer, unless the context requires otherwise, the following terms shall have the following meanings:
• “Goods” means clothing (hoodies, sweatshirts, T-shirts, etc.), accessories (bags, face masks, etc.), notebooks, compact discs, vinyl records, printed materials, and other products, information about which is posted in the Online Store and which the Seller offers for sale to Buyers.
• “Online Store” or “Website” means a platform for presenting or selling the Seller’s Goods and Services through the conclusion of an electronic transaction, located on the Seller’s Website at https://thehardkiss.com/shop, which allows visitors to review the Seller’s Goods, their appearance, technical characteristics, Services, pricing and payment terms, as well as to place an order, purchase Goods, etc.
• “Seller” means Private Entrepreneur Tulinova Tetiana Volodymyrivna, who places in the Online Store information about Goods and Services available for purchase and sells the Goods and Services presented in the Online Store.
• “Buyer” means an individual who has accepted this Agreement on the terms set forth below.
• “Services” means services that may be provided by the Seller to the Buyer under the terms of this Agreement, information about which is posted on the Seller’s Website.
• “Order” means a duly completed request (application) of the Buyer for the purchase of Goods and/or Services selected on the Online Store website, and their subsequent delivery to the address specified by the Buyer.
• “Public Offer” / “Offer” means a public proposal of the Seller addressed to an indefinite group of persons concerning the conclusion of the Agreement (an electronic contract for the sale of Goods and/or provision of Services) on the terms defined by the Seller in this Agreement.
• “Acceptance” means full and unconditional acceptance by a person using the Website of the Seller’s offer to conclude the Agreement by clicking the button “Place Order and Pay” on the Website while placing such Order.
• “Portmone” means a payment platform whose main purpose is to ensure online payment processing on websites on the Internet, in mobile applications, and on various types of Internet-connected devices.
• “Recipient” means the Buyer or a person who, on behalf of the Buyer, actually receives the Goods delivered by the Delivery Company.
• “Delivery Company” means the relevant company providing Order delivery services: Nova Poshta or Nova Post, depending on the case, or another delivery company if such option is offered by the Seller when placing the Order.
• “Parties” means the Buyer and the Seller.
3. Subject Matter of the Agreement
3.1. The Seller undertakes to transfer ownership of the Goods to the Buyer and/or provide the Service under the terms of this Agreement, depending on the nature of the relevant Order, and the Buyer undertakes to pay for and accept the Goods and/or Service under the terms of this Agreement.
This Agreement governs both the sale of Goods and the provision of Services in the Online Store, including:
– the Buyer’s voluntary selection of Goods and/or Services in the Online Store;
– the Buyer’s independent placement of an Order in the Online Store;
– payment by the Buyer for the Order placed in the Online Store;
– processing and delivery of the Order to the Buyer into ownership under the terms of this Agreement, etc.
3.2. By concluding the Agreement through completing and placing an Order on the Seller’s Website, the Buyer confirms that, prior to Acceptance, they have fully read and agreed to the terms of the Offer.
3.3. By accepting the terms of the Agreement, the Buyer confirms their legal capacity and capacity to act in accordance with the applicable laws of Ukraine, and also accepts the obligations arising as a result of using the Website and concluding this Agreement.
3.4. The specific list of Goods and/or Services, their characteristics, terms of provision, and price are determined on the Seller’s Website and form an integral part of this Agreement.
4. Order Placement Procedure
4.1. The Buyer has the right to place an Order for any Goods/Services presented on the Online Store website that are available. The Buyer independently places such Order on the Website.
4.2. If the ordered Goods are out of stock, the Seller’s representative must notify the Buyer using the contact details provided by the Buyer when placing the Order in the Online Store, but no later than thirty days from the moment of receipt of the duly placed Order from the Buyer.
4.3. In the absence of the Goods, the Buyer shall have the right to replace them with Goods of a similar model, refuse the Goods, or cancel the Order, in which case the Seller undertakes to return the money paid for the Goods to the Buyer in the same form in which the Buyer paid for the Goods, unless otherwise agreed by the Parties.
4.4. An Order shall be deemed duly placed if the Buyer has completed all fields of the Order form on the Website that allow the Buyer to be identified and contacted:
– full name;
– delivery address;
– contact phone number;
– email address;
– payment method corresponding to the Goods or Service (payment methods are listed in clause 5.1);
– preferred method of delivery of the Goods from the list offered in the Online Store.
5. Payment Procedure
5.1. Payment for Goods and/or Services shall be made in the following ways:
– when placing an Order, by cashless payment through the Portmone payment system by online payment on the Website using Visa/MasterCard, Apple Pay, or Google Pay;
– cash on delivery upon receipt of the Goods at the Delivery Company’s branch, if such option is available on the Website and if the Buyer selected such option when placing the Order. Under this Agreement, this payment method is allowed only if receipt of the Goods takes place in a locality located within the territory of Ukraine, subject to clause 6.4 of the Agreement.
5.2. Payment for Goods and Services shall be made in the national currency of Ukraine.
5.3. In the event funds are not received, the Seller reserves the right to cancel the Order, which shall be deemed a unilateral termination of the Agreement.
6. Terms of Order Delivery
6.1. Within the territory of Ukraine, delivery of Goods purchased in the Online Store shall be carried out by the Delivery Company by delivering the Goods to the branch specified in the Order, with the Buyer subsequently collecting the Goods independently.
6.2. Together with the Order, the Buyer shall be provided with the documents required under the applicable legislation of Ukraine.
6.3. The Buyer shall specify the place of delivery of the Goods when placing the Order for the purchase of the Goods.
6.4. Delivery of Goods is carried out throughout the territory of Ukraine, except for temporarily annexed/occupied territories, as well as outside Ukraine.
6.5. International delivery of Goods outside the territory of Ukraine shall be carried out by the carrier company “Nova Poshta” (Nova Post) or another delivery company, if such option is offered by the Seller when placing the Order, depending on the destination country, at a fixed cost.
6.6. Upon delivery of the Goods to the Buyer, transportation and delivery of such Goods shall be at the Buyer’s expense. The Buyer shall also pay, at their own expense, the amount of money transfer fees for the purchased Goods, including the cost of the cash-on-delivery service of the Delivery Company, if the Buyer keeps the Goods.
6.7. When Goods are delivered by a Delivery Company, the Buyer fully and unconditionally agrees to the cargo transportation rules of the relevant Delivery Company, including the delivery cost.
6.8. Title to the Goods shall pass to the Buyer from the moment the Goods are transferred (handed over) to the Buyer by any of the methods provided for by this Agreement and the Buyer has paid the full price of the Goods.
6.9. The Seller shall dispatch the Order within 3 business days from the moment the Order is duly placed with the Seller, but in any case no later than within 30 days. Compliance with this term depends on the availability of the Goods in stock in the Online Store.
7. Rights and Obligations of the Parties
7.1. The Seller has the right to:
– unilaterally suspend the sale of Goods and/or Services to the Buyer or terminate this Agreement in the event the Buyer violates the terms of this Agreement;
– amend at any time the materials and information, including information about Goods and/or Services, offered in the Online Store; however, the price and main description of the Goods and/or Services in the Order confirmed by the Seller shall remain unchanged;
– amend the terms of this Public Offer unilaterally by publishing a new version of it on the Website. Amendments shall come into force from the moment of publication, unless another effective date is specified upon publication;
– refuse to conclude the Agreement if the Seller is unable to sell the relevant Goods to the Buyer, provided that the money already paid for the Goods is refunded to the Buyer;
– organize delivery of Orders by engaging third parties to provide delivery services;
– exercise other rights provided for by the legislation of Ukraine and this Agreement.
7.2. The Seller shall be obliged to:
– send the Buyer an Order confirmation or notify them of the impossibility of fulfilling the Buyer’s Order;
– transfer the Goods to the Buyer after payment for such Goods has been made;
– verify the quality and quantity of the Goods upon transfer to the Buyer;
– properly fulfill the terms of this Agreement.
7.3. The Buyer shall be obliged to:
– timely pay for and receive the Order under the terms of this Agreement;
– familiarize themselves with the information about the Service and/or Goods and their description posted on the Website prior to placing and sending the Order;
– familiarize themselves with all terms and provisions of this Public Offer prior to its Acceptance;
– provide the Seller, when placing the Order, with complete information necessary for delivery of the Order in accordance with the Order form. The Buyer bears full responsibility for providing false information that has made proper performance by the Seller of its obligations to the Buyer impossible;
– familiarize themselves with the cargo transportation rules of the Delivery Companies before placing the Order.
7.4. The Buyer has the right to:
– place an Order in the Online Store;
– conclude an electronic contract;
– terminate the Agreement on the terms specified herein in the event the Goods are unavailable in the Online Store, in cases of return of the Goods to the Seller, and in other cases provided for by the Agreement;
– demand that the Seller fulfill the terms of this Agreement.
8. Liability of the Parties
8.1. The Parties shall be liable for non-performance or improper performance of obligations under this Agreement in accordance with the Agreement and applicable legislation of Ukraine.
8.2. The Seller shall not be liable for:
– changes in the appearance of the Goods made by the manufacturer;
– minor discrepancies in the color range of the Goods, which may differ from the original product solely due to different color rendering properties of monitors of certain personal computer models;
– the content and accuracy of the information provided by the Buyer when placing an Order, including for Buyer’s losses arising from incorrect placement of the Order;
– delays and interruptions in processing the Order and delivery of the Goods occurring for reasons beyond the Seller’s control;
– damage caused as a result of improper use of the Goods by the Buyer;
– non-performance, late performance, or any other improper performance of its obligations, nor for defects in the services provided, if such circumstances have arisen due to the Buyer’s fault;
– acts or omissions of third parties, including damage caused to the Buyer as a result of unlawful actions of third parties. The Seller shall not compensate the Buyer for losses related to such acts or omissions;
– unlawful illegal actions carried out by the Buyer using this access to the Internet;
– the Buyer’s transfer of their network identifiers, including IP address, MAC address, login, and password, to third parties;
– actions of the Delivery Company, including transportation timeframes, as well as safekeeping during delivery. After transfer of the Goods to the Delivery Company, the relevant Delivery Company shall bear responsibility for safekeeping of the Goods until they are transferred to the Buyer;
– other cases provided for by the applicable legislation of Ukraine and/or this Agreement.
8.3. When using the Internet access provided to them, the Buyer shall independently bear responsibility for any damage caused by their actions, personally, even if another person was using their login, to persons or their property, legal entities, the state, or moral principles of society.
8.4. The Seller shall be released from liability for full or partial non-performance of its obligations under this Agreement if such non-performance is the result of force majeure circumstances. For the purposes of this Agreement, force majeure circumstances shall mean events of an extraordinary and unforeseeable nature, such as military actions, strikes, civil unrest, accidents, natural disasters, changes in the legislation of Ukraine, as well as other circumstances that arise after the conclusion of this Agreement, directly affect the performance of its terms, and which the Seller could not reasonably foresee or prevent.
8.4.1. In the event that the Seller is unable to perform its obligations under this Agreement due to force majeure circumstances, the Seller undertakes to promptly notify the Buyer of the occurrence, nature, and expected duration of such events that prevent proper performance of the obligations under this Agreement, within 5 (five) business days from the date of occurrence of such circumstances.
8.4.2. In the event of force majeure circumstances, the provisions of this Agreement regarding amendment, postponement, replacement, or refund, as set out in Section 10 of this Agreement, shall apply.
8.5. The Parties shall make maximum efforts to resolve any disagreements exclusively through negotiations.
8.6. Responsibility for money transfers made by the Buyer lies entirely with the banks and payment systems whose services the Buyer chooses to use.
8.7. Except as expressly provided in this Agreement, the Seller’s liability in respect of any claims arising out of or in connection with this Agreement shall be limited to the Buyer’s duly substantiated direct damages, and in any event shall not exceed the total amount actually paid by the Buyer for the relevant Order.
9. Procedure for Return and Exchange of Goods. Warranty Obligations
9.1. The Buyer has the right to return or exchange Goods of proper quality for similar Goods from the Seller if the Goods did not satisfy the Buyer in terms of shape, dimensions, style, color, size, or for other reasons cannot be used for their intended purpose, subject to the following conditions:
A) the Goods for exchange are provided to the Seller within no more than 14 (fourteen) days, not counting the day of purchase;
B) the Goods may be exchanged if they have never been used, contain no traces of use, and their merchantable condition, consumer properties and original packaging, including protective film, and integrity of the packaging of both the Goods themselves and their components have been preserved;
C) the Goods contain no scratches, chips, abrasions, and are fully functional;
D) the complete set of the sold Goods has been preserved;
E) the Goods may be exchanged upon presentation by the Buyer of the settlement document issued together with the sold Goods, or an electronic settlement document sent to the phone number or email address provided by the Buyer.
9.1.1. The requirements of clause 9.1 do not apply to goods which, in accordance with Appendix No. 3 to Resolution of the Cabinet of Ministers of Ukraine No. 172 dated 19.03.94 “On implementation of certain provisions of the Law of Ukraine ‘On Consumer Protection’”, are included in the List of goods of proper quality that are not subject to exchange or return. The Seller shall not exchange such Goods or refund money for such Goods if they fall within that list of non-returnable/non-exchangeable goods.
9.1.2. In the event of exchange or return, the Goods must be sent to the Seller by the same Delivery Company that originally delivered the Goods to the Buyer.
9.2. If the Goods do not comply with the conditions specified in subclauses A)–E) of clause 9.1, the Seller shall have the right to refuse exchange of the Goods and refund of the money.
9.3. Transportation costs for returning the Goods to the Seller in the event of exchange or return shall be borne by the Buyer.
9.4. If at the time of exchange a similar product is not available for sale, the Buyer has the right either to purchase any other Goods from the available assortment with a corresponding recalculation of the value, or to terminate the Agreement and receive back the money in the amount of the value of the returned Goods, or to exchange the Goods for similar Goods upon the first receipt of the relevant Goods for sale. Upon termination of the Agreement, the money paid for the Goods shall be returned to the Buyer within the time limits established by the legislation of Ukraine.
9.5. In the event of exchange or return of the Goods, the Buyer shall complete and sign a corresponding Goods Exchange (or Return) Application, a sample of which is available on the Website or if it’s provided by the Seller, and shall submit it to the Seller together with the Goods and the payment document.
9.6. Return of Goods of improper quality
9.6.1. Provided that the Buyer has complied with all operating conditions of the Goods during the warranty period, the Buyer may return Goods of improper quality to the Seller and request a proportional reduction in the price of the Goods, free elimination of defects in the Goods within a reasonable time, or reimbursement of expenses for elimination of defects in the Goods.
The Buyer’s claims set out in paragraph 1 of this clause may, at the Buyer’s option, be addressed to the Seller. The Buyer has the right to make one of the indicated claims and, in the event of its non-fulfillment, to state another such claim.
9.7. For clothing sold by the Seller, the warranty period shall be 30 (thirty) calendar days from the beginning of the season:
– for spring-summer assortment, from April 1;
– for autumn-winter assortment, from October 1.
For the remaining Goods that do not have warranty periods established by law or regulations, the warranty period shall be 30 (thirty) days.
9.8. The Seller provides warranties of quality of the Goods in accordance with the quality requirements established in the territory of Ukraine.
9.9. Warranty obligations shall not apply in the event of self-repair and/or traces of repair attempts, opening, mechanical damage to the Goods, etc.
10. Specific Features of Service Provision
10.1. The Seller may provide the Buyer with Services, information about which is posted on the Seller’s Website.
10.2. Services may include, but are not limited to, organization of meetings, provision of access to events, digital products, services, or other intangible benefits.
10.3. The scope, content, duration, terms of provision, and price of the Services are determined on the Seller’s Website and form an integral part of this Agreement.
10.4. A Service shall be deemed duly provided from the moment of:
– actual provision of the Service; or
– granting the Buyer access to the Service; or
– occurrence of the time/event defined by the terms of provision of the Service.
Provision of access to the Service shall be deemed equivalent to the actual provision of the Service, regardless of whether it is used by the Buyer.
10.5. If a Service is provided at a specified time or date, the Buyer shall independently ensure their participation/access. Failure by the Buyer to use the Service shall not constitute grounds for a refund unless expressly provided otherwise by the applicable terms.
10.6. Services in the form of fan meet & greets with artists may involve a limited interaction format determined by the Seller, including with respect to:
– the duration of the meeting;
– the number of participants;
– the format of interaction, whether individual or group;
– the possibility of taking photographs, videos, or receiving autographs.
The Seller does not guarantee provision of any elements of interaction not expressly specified in the description of the relevant Service.
10.7. Refunds for the Services shall be made in the cases and in the manner provided for by this Agreement, the terms of the specific Service, or the applicable legislation of Ukraine.
In the event that the Buyer fails to attend an event or fan meeting (meet & greet) provided under the Service at the specified time and place, the Service shall be deemed properly rendered, and any amounts paid for such Service shall be non-refundable.
10.8. The Seller shall have the right to change the timing, format, or other terms of provision of the Service due to circumstances beyond its control (including force majeure, illness of the artist, logistical or organizational reasons), subject to mandatory notification of the Buyer.
10.9. In the event that the provision of the Service becomes impossible, the Seller shall have the right, subject to mandatory notification of the Buyer, to:
– offer the Buyer to reschedule the Service; or
– provide an alternative Service of equivalent value; or
– change the format of the Service (including replacement with another event or interaction format); or
– refund the Buyer in cases where the provision of the Service, its alternative, or a change in its format is impossible, or where the new date of the Service proposed by the Seller due to rescheduling is not acceptable to the Buyer.
10.10. The Buyer undertakes to comply with the conditions of use of the Services, rules, including rules of conduct during an event, limitations, and requirements established by the Seller. In the event of violation thereof, the Seller has the right to limit or terminate provision of the Service without refund.
10.11. Unless otherwise provided by the terms of a specific Service, the Seller does not guarantee achievement of any individual result from the use of the Service.
11. Other Terms
11.1. The Online Store has been created for the organization of remote sale of Goods and provision of access to Services through the Internet.
11.2. The Buyer is responsible for the accuracy of the information specified when placing an Order. At the same time, by Acceptance, that is, by placing an Order and subsequently paying for the Goods and/or Services, the Buyer gives the Seller their unconditional consent to the collection, processing, storage, and use of their personal data within the meaning of the Law of Ukraine “On Personal Data Protection.”
11.3. If the Buyer has any claims or proposals during the term of the Agreement, they may submit a written application to the Seller at the following address: Apt. 104, 11 Panteleimona Kulisha Street, Kyiv, 02002, Ukraine, or by email to: shop@thehardkiss.com. Such application must state the essence of the issue, the Buyer’s full name, as well as a return address. Upon receipt of such written application, the Seller shall consider it within 7 (seven) business days and provide a written response, or a response in the form requested by the Buyer.
11.4. Use of the Online Store resource for previewing Goods and for placing Orders shall be free of charge for the Buyer.
11.5. The information provided by the Buyer is confidential. The Online Store uses the Buyer’s information solely for the purposes of processing the Order, sending notifications to the Buyer, delivering the Goods, making settlements, etc. By accepting the terms of this Offer, the Buyer also confirms that they have read and agree to the Privacy Policy posted on the Online Store website.
11.6. The place of conclusion of the electronic Agreement shall be the actual place of residence of the individual entrepreneur who is the Seller of the Goods and Services.
11.7. This Agreement is public and remains in force until fully performed by the Parties or until terminated by either Party in the manner established by this Agreement and the applicable legislation of Ukraine.
11.8. Before expiration of its term, this Agreement may be terminated by mutual consent of the Parties prior to the actual delivery of the Goods, by refunding the money.
11.9. The Parties have the right to terminate this Agreement unilaterally in the event of failure by one of the Parties to fulfill the terms of this Agreement, as well as in cases provided for by the applicable legislation of Ukraine.
11.10. The Ukrainian version of this Agreement, as published on the Website, shall prevail in case of any discrepancies.
11.11. Invalidity of any clause or part of this Agreement shall not result in invalidity of the Agreement as a whole.
12. SELLER’S ADDRESS AND DETAILS:
Private Entrepreneur Tulinova Tetiana Volodymyrivna
Tax Identification Number (TIN) 2563918028
Address: Apt. 104, 11 Panteleimona Kulisha Street, Kyiv, 02002, Ukraine
Mail shop@thehardkiss.com
Date of the latest update of the Public Offer Agreement:
April 22, 2026
PRIVACY POLICY
Published: December 13, 2024
We may collect and process certain personal data of users of the Website in the manner and for the purposes described below through our Website (https://thehardkiss.com/shop, hereinafter referred to as the “Website”). We respect the privacy of Website visitors and will process your personal data in accordance with the Law of Ukraine “On Personal Data Protection”.
This Privacy Policy describes the types of information collected by the Seller (Data Controller) via the Website, the purposes of processing Personal Data, the parties to whom the Data Controller may transfer such data, and explains the rights of Website users regarding their Personal Data. In addition, this Privacy Policy explains how Website visitors can contact the Seller to exercise their rights and describes the cookies used on the Website.
This Privacy Policy applies to buyers of the Website and, in cases expressly provided for herein, to Website visitors.
“Personal Data” means any information or set of information about an individual who is identified or can be specifically identified.
“Goods” means clothing (hoodies, sweatshirts, T-shirts, etc.), accessories (bags, face masks, etc.), notebooks, compact discs, vinyl records, printed materials, and other products listed in the online store available for purchase on the Website.
“Online Store” or “Website” means a platform for presenting or selling the Seller’s Goods and/or Services via electronic transactions, located at https://thehardkiss.com/shop, which enables visitors and Buyers to review the Goods and/or Services, their appearance, specifications, pricing and payment terms, as well as to place orders, and purchase Goods and/or Services.
“Seller” means Private Entrepreneur Tulinova Tetiana Volodymyrivna, who places information about Goods and/or Services in the Online Store and sells such Goods and/or Services.
“Data Controller” means the person who determines the purposes and means of processing Personal Data. Within this Privacy Policy, the Data Controller is the Seller.
“Visitor” means an individual who visits the Website.
“Buyer” means a legally capable individual who has placed or intends to place an order for Goods and/or Services on the Website.
“Services” means services that may be provided by the Seller under this Agreement, information about which is available on the Website.
“Order” means a properly completed request (application) by the Buyer for the purchase of Goods and/or Services selected on the Website, including their delivery to the address specified by the Buyer.
1. The Website administration and/or the Data Controller does not verify the accuracy of Personal Data provided by Website visitors.
2. The Visitor has the right to obtain information about the processing of their Personal Data, as well as other rights defined by Article 8 of the Law of Ukraine “On Personal Data Protection”. The Visitor has the right to take legal measures to protect their rights.
3. Storage and Use of Information
Personal Data is stored and processed on secure servers that comply with applicable security standards and are located in the USA on the Wix platform. Data transfer and processing are carried out in accordance with applicable legislation and using appropriate security mechanisms.
Information is processed using automated systems (except for purchase-related information).
4. When placing an Order on the Website, Visitors provide the following data, including Personal Data:
– full name;
– delivery address;
– contact phone number;
– email address;
– other data voluntarily provided.
5. The Seller may process Personal Data of Buyers for the purpose of maintaining and servicing counterparty data in accordance with Articles 6 and 7 of the Law of Ukraine “On Personal Data Protection” for the following purposes:
– ensuring civil-law relations, processing Orders, establishing communication with the Buyer, including order status notifications, payments, and settlements in accordance with the Tax Code of Ukraine and the Law of Ukraine “On Accounting and Financial Reporting in Ukraine”;
– obtaining information about the Buyer’s Order;
– providing customer and technical support;
– sending promotional and special offers via email or mobile communication (if consent is given), with the option to unsubscribe at any time;
– informing about promotions, giveaways, and other activities of the Online Store.
For these purposes, the Seller may send emails, messages, and materials, as well as SMS and make phone calls if necessary to fulfill the Order.
6. The Seller does not collect Personal Data revealing political opinions, racial or ethnic origin, religious beliefs, trade union membership, genetic data, biometric data, health data, or data concerning a person’s sex life or sexual orientation.
7. Personal Data Collected via Website Forms
By placing an Order, the Buyer provides Personal Data (e.g., name, email, phone number) and consents to its processing.
Such data is processed for:
– order processing;
– fulfillment of contractual obligations;
– communication with the Buyer.
The legal basis for processing is the Buyer’s consent given by accepting this Privacy Policy during Order placement.
The Buyer authorizes the Seller to store Personal Data indefinitely, update, and modify it if necessary.
7.1. Registration Data
When registering on the Website, the Visitor may provide the Seller with their personal data (first name, last name, email address, contact telephone number, and other voluntarily provided data) and, by doing so, the Visitor gives their voluntary consent to the processing of such data. These data are processed for the purpose of:
– account creation;
– facilitating future Orders;
– providing personalized information, support and notifications;
– other purposes specified in this Policy.
The legal basis for data processing during registration is the Visitor’s consent provided at the time of account creation.
8. Cookies
8.1. The Website uses cookies and other similar technologies to ensure its proper functioning, improve its functionality, analyse Website usage, and, where applicable settings are enabled, for marketing purposes.
8.2. “Cookies” are small text files stored on the Visitor’s device when using the Website.
8.3. The Website may use the following categories of cookies:
8.3.1. Necessary (technical) cookies
These cookies are essential for the proper functioning of the Website, ensuring security and enabling its core features (including placing Orders, maintaining user sessions, and saving the selected language).
Such cookies may include, in particular: bSession, client-session-bind, server-session-bind, hs, WixLanguage, XSRF-Token.
These cookies are set automatically and do not require the Visitor’s consent.
8.3.2. Analytical cookies
These cookies are used to collect aggregated information about the use of the Website (including the number of visitors, traffic sources, and user behaviour) for the purpose of improving the Website’s performance.
Such cookies may include, in particular: _ga.
8.3.3. Marketing cookies
These cookies may be used to track Visitors’ activity on the Website and on other websites in order to display relevant advertising.
Such cookies may include, in particular: _fbp.
8.4. Necessary (technical) cookies are used automatically when visiting the Website. Analytical and marketing cookies may be used where appropriate Website settings are enabled or with the Visitor’s consent (where required by applicable law or relevant regulations).
8.5. The Visitor may at any time restrict or disable the use of cookies by changing their browser settings. However, disabling certain cookies may affect the proper functioning of the Website or limit access to certain features.
8.6. The Website may use third-party services (including analytics and advertising services) that set their own cookies and process data in accordance with their own privacy policies.
8.7. The storage period of cookies may vary depending on their type: some cookies are stored only for the duration of a session, while others are stored until the purpose of their use is achieved or until they are deleted by the Visitor.
9. Interaction of the Seller with Third Parties regarding Personal Data
The provided Personal Data is confidential information and shall not be disclosed to third parties, except in cases provided for by this Privacy Policy, as well as in cases of data transfer to affiliated persons, the Seller’s commercial partners, and carrier companies that deliver the Goods to the Buyer in the event of placing an Order, for the purpose of fulfilling such Order, as well as upon a mandatory request of a competent state authority.
This Privacy Policy applies solely to the Website https://thehardkiss.com/shop. The Online Store does not control and shall not be responsible for third-party websites to which the Visitor may be redirected via links available on the Website.
When following links to other websites, this Privacy Policy shall not apply to such websites. Accordingly, the Seller recommends reviewing the privacy and personal data policies of each website before providing any Personal Data by which Visitors may be identified.
10. Protection of Minors
We pay special attention to security matters, particularly with respect to minors, and therefore encourage parents to discuss Internet safety issues with their children, as well as the specific purpose and necessity of using the Website.
11. Data Controller shall take the necessary organizational and technical measures to protect Buyers’ Personal Data against unlawful or accidental access, destruction, alteration, blocking, copying, or dissemination.
12. Unless otherwise specified in the relevant sections of this Privacy Policy, we store your Personal Data for as long as necessary to achieve the purposes for which it was collected, or, where consent has been provided by you, for as long as such consent remains valid. In case of any conflict, we delete your Personal Data, except where further processing is permitted by law. We also delete data where this is expressly required by applicable legislation.
13. You may withdraw your consent to the use of Personal Data at any time. To do so, it is sufficient to send an email with the subject line “Personal Data” to the Seller’s email address specified below.
14. To contact the Data Controller, please use the following postal or email address of the Seller:
Private Entrepreneur Tulinova Tetiana Volodymyrivna
Address: Apt. 104, 11 Panteleimona Kulisha Street, Kyiv, 02002, Ukraine
Mail shop@thehardkiss.com
15. This Privacy Policy forms an integral part of the Public Offer Agreement published on the Seller’s Website and also applies to all Website users, including Visitors, registered users, and Buyers. The Data Controller shall have the right to unilaterally amend this Privacy Policy. When amendments are made, the date of the last update shall be indicated in the current version.
16. The new version of the Privacy Policy shall enter into force from the moment of its publication on https://thehardkiss.com/shop .
The current version is always available on the Website.
17. This Privacy Policy and the relations between Visitors and the Seller arising in connection with its application shall be governed by the legislation of Ukraine.
Last updated:
April 22, 2026