Table of Contents

1. Introduction
2. Legal Effect and Acceptance of the Terms
3. Registration and User Obligations
4. Platform Services
5. Order Placement and Payments
6. Delivery and Order Fulfillment
7. Right of Withdrawal and Returns
8. Prohibited Goods and Restrictions
9. Ranking, Advertising, and Recommendations
10. Content and Intellectual Property
11. Limitation of Liability and Warranties
12. Dispute Resolution
13. Termination of Agreement and Discontinuation of Use
14. Changes to the Terms of Use
15. Applicable Law and Jurisdiction
16. Entire Agreement
17. Severability
18. Assignment and Waiver
19. Language of the Agreement
20. Electronic Communication
21. Contact Information

1. Introduction

These Terms of Use (hereinafter referred to as the "Terms") govern your use of the website www.kamarouka.com and all related services provided by the sole proprietor Zmicier Zavadski, registered at Bevingsweg 2, 51109 Cologne, Germany (hereinafter referred to as "Kamarouka"). Kamarouka is an online marketplace specializing in goods featuring the Belarusian language and themes, as well as products created by Belarusian artisans and enterprises registered both in Belarus and abroad. These Terms apply to all users of the www.kamarouka.com website, including visitors, buyers, and sellers (hereinafter referred to as "Users"). A "Seller" is a user who offers goods for sale on the Kamarouka platform. Additional terms applicable to sellers are outlined in the document titled Rules for Sellers. Your use of our website is also governed by our Privacy Policy і Cookie Policy. Please review these documents to understand how we collect, use, and protect your personal information.

2. Legal Effect and Acceptance of the Terms

These Terms constitute a legally binding agreement between you and Kamarouka. They govern your access to and use of our website and the services we provide. By accessing, browsing, or using the www.kamarouka.comwebsite or any of its services, you fully and unconditionally agree to these Terms. If you do not agree with any provision of these Terms, please refrain from using our website and services.

3. Registration and User Obligations

3.1 Age Requirements

Use of our website and services is permitted only for individuals who are at least 18 years old and possess full legal capacity to enter into legally binding agreements. By registering on the platform or using it, you confirm that you are at least 18 years of age. If we become aware that an account belongs to a minor, we reserve the right to block or delete such an account.

3.2 Account Registration

You may browse our website and make purchases as a guest without registering an account. To access additional features, you may register a personal account at www.kamarouka.com. Account registration is free of charge. When placing an order as a guest or when registering, you are required to provide accurate, current, and complete information about yourself, including your full name, a valid email address, and, if necessary, additional information.

3.3 Account Security and Responsibility

You are responsible for maintaining the confidentiality of your password and account credentials, as well as for all activities that occur under your account. You agree to:

  • Not disclose your password to third parties.
  • Not provide access to your account to others.
  • Ensure the security and protection of your device and browser.

In the event of unauthorized access to or use of your account, you agree to notify our support team immediately (see section 21). Kamarouka is not liable for any losses or damages arising from unauthorized use of your account if such use did not occur due to our fault.

3.4 General User Obligations

By using our website and services, you agree to:

  1. Comply with applicable laws and these Terms, as well as other policies of Kamarouka.
  2. Provide accurate and up-to-date information when registering and using the site, and promptly update your account data.
  3. Not use your account for unlawful purposes.
  4. Not impersonate or act on behalf of another person or organization without their consent.
  5. Not transfer or sell your account to third parties.
  6. Not create more than one account without explicit necessity and our consent.
  7. Not disrupt the operation of the platform or create an unreasonably large load on our systems. It is prohibited to use automated means of accessing the site (bots, scripts) without our permission.
  8. Not choose an inappropriate username. Your username must not infringe the rights of third parties or contain offensive language.
  9. Not send spam, unsolicited, or fraudulent messages to other users, including commercial offers and advertisements.
  10. Not compromise the security of the platform or undertake actions that may do so, including attempts to gain unauthorized access, bypass technical protection measures, or use malicious code (viruses, trojans, worms, etc.).
  11. Not collect, use, or disclose personal data of other users without their explicit consent.
  12. Not post links to external websites without our permission.
  13. Not offer or accept payments outside the platform.
  14. Not discuss the terms of a transaction outside the platform.
  15. Comply with the requirements for user-generated content (see Section 10).

4. Platform Services

Kamarouka provides an online platform at www.kamarouka.com that allows users to purchase goods offered by various sellers, including Kamarouka. We provide the technical infrastructure and services for listing products, processing orders, and facilitating interactions between buyers and sellers. When you purchase goods through our website, you enter into a sales contract directly with the respective seller.

5. Order Placement and Payments

5.1 Placing an Order

When placing an order on our website, you agree to provide accurate and current information necessary for order processing, including the delivery address, contact details, and chosen payment method. After placing your order, you will receive a confirmation email containing the details of your order.

5.2 Conclusion of the Sales Contract

Your order constitutes an offer to enter into a sales contract with the respective seller. After placing your order, you will receive an acknowledgment confirming receipt of your order, which does not constitute acceptance of your offer. The sales contract is considered concluded at the moment you receive a notification that the goods have been dispatched (dispatch confirmation). If your order includes multiple items, a separate contract is concluded for each item at the moment the corresponding dispatch notification is sent. Until you receive the dispatch notification, you may cancel your order without any consequences. After the goods have been dispatched, cancellation of the order is possible in accordance with Section 7.

5.3 Payment Methods

We offer various payment methods available depending on your location, selected currency, seller settings, and other factors. Available payment methods may include:

  • Credit and debit cards.
  • Bank transfers.
  • Google Pay.
  • Apple Pay.
  • iDeal.
  • Other methods offered as appropriate.
5.4 Payment Processing and Security

All payments are processed through the Stripe payment system, which provides a high level of security and compliance with international data protection standards (PCI DSS). We make every effort to ensure the security of your payment data.

5.5 Prices and Taxes

Prices for goods are indicated on the product pages and include the applicable Value Added Tax (VAT), unless explicitly stated otherwise. Shipping costs and VAT are calculated during the checkout process based on your chosen delivery address and shipping method. Please note that customs duties, import taxes, and other additional charges are not included in the item price or shipping costs and may be levied upon delivery depending on your country's laws. These additional charges are beyond the control of Kamarouka or the sellers and are your responsibility.

5.6. Errors in Pricing and Product Information

Despite our best efforts to ensure the accuracy of information on our website, some products may be incorrectly priced or contain errors in descriptions. If we discover an error in the price or description of a product, we will contact you before dispatching your order to confirm or cancel it. In the event of order cancellation, you will receive a full refund of any payments made.

6. Delivery and Order Fulfillment

6.1 Responsibility for Delivery

Sellers are responsible for dispatching and delivering goods in accordance with the terms specified on the product page. Kamarouka does not provide its own delivery service. Information about available shipping methods, estimated delivery times, and costs is provided on the product page and during the checkout process. Delivery times may vary depending on the seller's and buyer's locations, the chosen shipping method, and product availability. Sellers are obligated to ship the goods within the timeframes specified in the product description or shipping policy, and to provide tracking information if applicable.

6.2 Order Tracking and Delivery Issues

After your order has been dispatched, the seller or Kamarouka will provide you with tracking information if available. You can use this information to monitor the delivery status of your order. If the item was not delivered within the specified timeframe or if other delivery issues arise, please contact the seller or Kamarouka's support team to resolve the matter.

6.3 Risk of Loss or Damage

The risk of loss or damage to the goods passes to you when you or a third party designated by you, other than the carrier, physically take possession of the goods, unless otherwise provided by applicable law. If you receive damaged goods, you must immediately notify the carrier and the seller and document the damage.

6.4 Delays and Inability to Deliver Due to Buyer's Fault

If delivery of the goods is impossible due to reasons attributable to you (e.g., incorrect address, absence of the recipient at the specified address), you are responsible for any additional costs associated with re-delivery or return of the goods. Please ensure that you provide accurate and complete delivery information.

7. Right of Withdrawal and Returns

7.1 Return Procedure

Each seller on our platform may establish their own return policy, as specified in their shop terms or on the product page. Not all sellers accept returns. Please review the specific seller's return policy before making a purchase. If you wish to return an item, you can use the appropriate functions in your account, contact the seller through the messaging system on our platform, or use the contact details provided on the seller's page. If you encounter difficulties with returning an item or contacting the seller, please contact our support team for assistance.

7.2 Right of Withdrawal for Consumers in the European Union and the United Kingdom

If you reside in the European Union or the United Kingdom, you have the right to withdraw from your purchase within 14 days of receiving the goods without providing any reason. This right is governed by EU consumer protection laws. To exercise your right of withdrawal, you must inform the seller of your decision by means of a clear statement (e.g., an email). You may use the standard withdrawal form, but it is not obligatory. Consequences of Withdrawal: In the event of withdrawal from the contract, the seller is obliged to refund all payments received from you, including the cost of delivery (excluding additional costs resulting from your choice of a delivery method other than the standard one offered). Refunds are made without undue delay and no later than 14 days from the day the seller is informed of your decision to withdraw. You are required to return the goods to the seller without undue delay and no later than 14 days from the day you communicate your withdrawal. You bear the direct costs of returning the goods unless the seller has agreed to bear them. This right does not apply to certain goods, including:

  • Goods made to your specifications or clearly personalized.
  • Perishable goods or goods with a short expiration date.
  • Sealed goods not suitable for return due to health protection or hygiene reasons if unsealed after delivery.
  • Goods which are, after delivery, inseparably mixed with other items.
  • Sealed audio or video recordings or sealed software if unsealed after delivery.
  • Newspapers, periodicals, or magazines, except for subscription contracts.
  • Alcoholic beverages, the price of which was agreed upon at the time of the contract conclusion, but which can only be delivered after 30 days and whose actual value depends on market fluctuations.
  • Supply of digital content not supplied on a tangible medium if performance has begun with your prior express consent and acknowledgment of losing the right of withdrawal.

8. Prohibited Goods and Restrictions

8.1 Platform Specialization

Kamarouka is an online marketplace intended for goods featuring the Belarusian language, symbols, or meanings, as well as for goods created by Belarusian individuals and private enterprises registered both in Belarus and abroad. Therefore, goods offered by sellers must meet at least one of the following criteria:

  • Produced by Belarusian artisans or private companies.
  • Contain the Belarusian language (e.g., title, description, instructions and manuals, interface, embedded inscriptions, messages, etc.).
  • Related to Belarusian themes, containing Belarusian symbols or cultural elements.
  • Reflect Belarusian traditions, art, or heritage.
  • Promote the support and development of Belarusian culture and community.
  • Manufactured using materials or resources from Belarus.

Kamarouka may require that goods sold on the platform meet more than one of the listed criteria. Kamarouka reserves the right to refuse the listing of a product for sale if it does not meet the specified requirements. Even if the criteria are met, there is no guarantee that a product will be approved for sale on the platform. Kamarouka may remove a product from the catalog if it later becomes known that it does not comply with the platform's specialization or contradicts its principles.

8.2 Prohibited Goods and Services

It is prohibited to offer for sale or purchase goods and services that:

  1. Do not align with the platform's theme.
  2. Violate the law:
    • Goods prohibited by the laws of Germany, the European Union, or international regulations.
    • Goods whose production or sale is prohibited by sanctions of the EU, USA, or other international organizations.
  3. Infringe the rights of third parties:
    • Counterfeit branded goods.
    • Unlicensed software.
    • Copies of works without the consent of the rights holder.
  4. Contradict moral and ethical standards:
    • Materials promoting violence, discrimination, racial or religious hatred.
    • Child pornography and materials of a sexual nature involving minors.
    • Goods with prohibited symbols (e.g., Nazi or communist symbols).
  5. Pose a security threat:
    • Narcotic and psychotropic substances.
    • Weapons, ammunition, explosives, and their components.
    • Goods that pose a threat to life, health, or safety without appropriate certificates and warnings.
8.3 User Responsibility

All users are required to comply with these restrictions. In case of violation, Kamarouka reserves the right to:

  • Remove or block the relevant content or product.
  • Suspend or delete the violator's account.
  • Take other measures in accordance with the law and these Terms.
8.4 Reporting Violations

If you discover a product that violates these Terms, please inform us through the built-in features on the website or by contacting our support team.

9. Ranking, Advertising, and Recommendations

9.1 Ranking of Products on the Platform

We strive to provide users with the most relevant and high-quality products. The order in which products are displayed in search results and categories is determined by considering various factors:

  • Search Relevance: How well the product matches the search queries entered by the user, including matching keywords in the title, description, tags, and categories.
  • Product Quality: Evaluation of the product based on customer reviews, ratings, image quality, and completeness of product information.
  • Product Popularity: Activity related to the product, taking into account the number of views, additions to favorites, and purchases made.
  • Product Availability: Availability of the product in stock and timely updates of availability information.
  • Seller History: The seller's reputation based on reviews, ratings, and compliance with platform rules.
  • Product Price.

These factors collectively determine a product's position in search results. We do not apply personalization algorithms based on the behavior of a specific user; all users see the same results for identical queries and filters.

9.2 Advertising and Paid Promotion

Sellers have the option to use paid services to promote their products on the platform. This may include:

  • Paid Promotion in Search Results: Products promoted on a paid basis may appear higher in search results and on various product pages.
  • Advertising Banners: Sellers may place advertisements on banners on the homepage and other sections of the platform for an additional fee. Such advertising materials will be clearly marked as advertisements.
9.3 Product Recommendations

The platform may display product recommendations based on general trends and the popularity of products among all users:

  • Popular Products: Items most frequently viewed or purchased on the platform.
  • New Arrivals: Recently added products on the platform.
  • Similar Products: On product pages, we may suggest products similar in characteristics, category, or other parameters.
  • Related Products: We may recommend products that are often purchased together or may be useful in combination with the product you are viewing.

10. Content and Intellectual Property

10.1 Posting User Content

The Kamarouka platform provides users with the opportunity to post content, including reviews, ratings, comments, questions, photos, and other materials (hereinafter referred to as "User Content"). By posting content, you agree to comply with these Terms and warrant that your content meets the requirements.

10.2 Requirements for User Content

You agree not to post content that:

  • Violates laws or the rights of third parties, including intellectual property rights and the right to privacy.
  • Contains offensive, obscene, defamatory, discriminatory, or otherwise unacceptable materials.
  • Contains false or misleading information.
  • Contains advertising materials, spam, or unsolicited commercial offers without the explicit prior consent of the recipient.
  • Contains viruses, malware, or other malicious code fragments.
  • Is posted in exchange for compensation or with a promise of compensation from third parties without appropriate disclosure of such information.
  • Contains personal information of others without their explicit consent.
  • Contains links to or information about third-party resources without our permission.
  • Promotes political or religious views not directly related to the discussed product or service.
  • Is obtained in violation of the law or the rights of third parties.
  • Violates the Privacy Policy or other Kamarouka policies.
10.3 Ratings and Reviews

After completing a transaction, buyers can leave a review and rate the quality of the seller's goods and services. The rating and review system is designed to increase trust among users and improve service quality. Users are required to provide truthful and objective reviews based on their own experience. Reviews should directly relate to the transaction and its execution. It is prohibited to:

  • Leave reviews about yourself or ask third parties to leave false reviews.
  • Manipulate the rating system, including offering compensation for changing or deleting a review.
  • Threaten to leave a negative review to force the other party into certain actions.
10.4 Rights to User Content and License

You retain all ownership rights to your User Content. By posting content on the platform, you grant Kamarouka and third parties a non-exclusive, worldwide, perpetual, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your content in any format and through any channels. This is necessary to provide the services and promote the platform.

10.5 Kamarouka's Rights to Site Content

All materials on the Kamarouka website, including text, images, graphics, logos, icons, audio and video clips, software, and other content elements (hereinafter referred to as "Site Content"), are the property of Kamarouka, its licensors, or content providers and are protected by copyright and other intellectual property laws.

10.6 Restrictions on Use of Site Content

You may use the Site Content only for personal, non-commercial purposes. Without prior consent from Kamarouka, it is prohibited to copy, reproduce, distribute, publish, or create derivative works based on the Site Content, or to use the Site Content for commercial purposes.

10.7 Responsibility for User Content and Infringement of Rights

You are solely responsible for your User Content and warrant that you have all necessary rights and permissions to post it. Infringement of intellectual property rights may result in civil, administrative, or criminal liability. You agree to indemnify and hold Kamarouka harmless from any claims, demands, damages, or expenses, including reasonable attorneys' fees, arising out of or in connection with your content. Users who violate rights may be denied access to the platform and subject to other sanctions.

10.8 Procedure for Reporting Violations

If you believe that content violates your rights or these Terms, please inform us through the built-in features on the site or contact our support team. We will review your message and take appropriate action.

10.9 Moderation and Removal of User Content

Kamarouka reserves the right, but is not obligated, to review, monitor, remove, or modify any User Content at its sole discretion without prior notice. You may contact us to discuss this decision or to appeal.

11. Limitation of Liability and Warranties

11.1 Use of the Platform "As Is"

The Kamarouka platform and all services provided are offered on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the operation of the site, its content, functionality, or availability.

11.2 Role of the Kamarouka Platform

Kamarouka provides a technical platform that enables sellers and buyers to interact with each other. We are not a party to transactions between users (except in cases where Kamarouka is explicitly listed as the seller of the goods) and are not responsible for the actions, omissions, goods, or services of sellers.

11.3 Disclaimer of Warranties for Goods and Services

Kamarouka does not manufacture, store, or inspect the goods offered by sellers on our platform. We make no warranties, express or implied, regarding the quality, safety, legality, or suitability of the goods to your expectations. Any claims related to purchased goods or services, including defects, non-conformity to description, or harm caused, should be directed to the seller.

11.4 Limitation of Liability

To the fullest extent permitted by law, Kamarouka shall not be liable for any direct, indirect, incidental, special, or consequential damages, including lost profits, loss of data, or moral damages, arising from the use or inability to use the site or services, as well as due to force majeure events such as natural disasters, governmental actions, internet or power outages, technical failures, fires, floods, epidemics, or other events beyond our reasonable control. We are not responsible for the actions or omissions of other users or for User Content posted on the platform.

11.5 Technical Failures and Security

Kamarouka does not guarantee that the site will operate without interruptions, errors, or that defects will be corrected in a timely manner. We do not guarantee that the site and servers are free from viruses or other harmful components. Users are responsible for ensuring the security of their devices and data.

11.6 Automatic Creation of Invoices and Documents

Kamarouka does not guarantee that the technical services provided, such as the automatic creation of invoices and delivery notes, will always be available or error-free. Kamarouka makes efforts to correctly generate invoices and delivery notes; however, the User (including Sellers) is solely responsible for the accuracy and relevance of the information provided for document creation. This includes, but is not limited to, data about products, prices, tax rates, and banking details. The User is obliged to verify the created documents for correctness and, if necessary, independently make or request corrections.

11.7 Exceptions to Limitations

Nothing in these Terms excludes or limits Kamarouka's liability where such limitation or exclusion is prohibited by applicable law, including liability for intentional acts, gross negligence, or causing harm to life and health.

12. Dispute Resolution

Kamarouka is committed to providing a high level of service and user satisfaction. In the event of a dispute with another user (e.g., between a buyer and a seller), we recommend that you first attempt to resolve it directly with the other party using the communication tools available on the platform. Kamarouka is committed to providing a high level of service and user satisfaction. In the event of a dispute with another user (e.g., between a buyer and a seller), we recommend that you first attempt to resolve it directly with the other party using the communication tools available on the platform. If the dispute cannot be resolved independently, you may contact our support team. We will try to assist in resolving the situation and suggest possible solutions. However, Kamarouka is not a party to transactions between users and is not obligated to participate in dispute resolution between them. We may, at our discretion, provide assistance as a mediator to facilitate reaching a mutually acceptable resolution. You release Kamarouka from any claims, demands, and damages arising out of disputes with other users or third parties. If the dispute cannot be resolved through negotiation or with Kamarouka's assistance, you have the right to resort to alternative dispute resolution methods or to seek legal recourse in accordance with Section 15 of these Terms.

13. Termination of Agreement and Discontinuation of Use

You have the right to terminate your agreement with Kamarouka at any time by deleting your account. To do so, you can use the corresponding function in your account or contact our support team. After deleting your account, we will process your personal data in accordance with our Privacy Policy and legal requirements. We reserve the right to suspend or delete your account if you violate these Terms, applicable laws, or for other lawful reasons. We may do this without prior notice if necessary to ensure the security of the platform, prevent fraud, or other illegal activities. We will endeavor to notify you of the suspension or deletion of your account and provide reasons for such actions; however, we are not obligated to do so in every case. Upon termination of the agreement, your access to the platform's services will be terminated. You may lose access to information associated with your account, including profile data, order history, and messages. Termination of the agreement does not release you from obligations under already concluded transactions or from paying fees and charges incurred before the date of termination.

14. Changes to the Terms of Use

Kamarouka reserves the right to modify and supplement these Terms. We will notify you of changes at least 15 days prior to their effective date via email or notification on our website. If you do not agree with the changes, you may object by sending us a notification. If you do not object to the changes before their effective date, you are deemed to have accepted them. If you object, we may cease providing services to you and delete your account.

15. Applicable Law and Jurisdiction

15.1 Applicable Law

These Terms and any disputes or claims arising out of or in connection with them are governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of laws rules and the provisions of the United Nations Convention on Contracts for the International Sale of Goods.

15.2 Jurisdiction

15.2.1 Consumers If you are a consumer with a habitual residence in the European Union, you also benefit from the protection of mandatory provisions of the laws of your country of residence. You may bring a claim related to these Terms in the courts of Germany or in the courts of your country of residence. 15.2.2 Entrepreneurs If you are an entrepreneur, a legal entity under public law, or a special fund under public law, all disputes arising out of or in connection with these Terms are subject to the exclusive jurisdiction of the courts at Kamarouka's registered office (Cologne, Germany).

15.3 Online Dispute Resolution (for EU Users)

In accordance with EU Regulation No. 524/2013, we inform users from the European Union about the possibility of using the European Commission's Online Dispute Resolution (ODR) platform. The platform is available at: Online Dispute Resolution | European Commission. Please note that we prefer to address your concerns directly. If you have any problems or complaints, please contact our support team, and we will endeavor to assist you as soon as possible.

15.4 Refusal to Participate in Dispute Resolution Procedures

Kamarouka is neither obligated nor willing to participate in dispute resolution procedures before consumer arbitration boards.

16. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Rules for Sellers, and other documents referenced herein, constitute the entire agreement between you and Kamarouka regarding the use of the site and the services provided. They supersede all prior agreements, understandings, and communications, whether written or oral, concerning the subject matter of these Terms.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, the validity and enforceability of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be deemed replaced by a valid and enforceable provision that most closely reflects the original intent of the parties and the economic effect of the invalid provision.

18. Assignment and Waiver

18.1 Assignment of Rights and Obligations

You may not transfer or assign your rights and obligations under these Terms without prior written consent from Kamarouka. Any attempt to transfer or assign without such consent will be null and void. Kamarouka may transfer or assign its rights and obligations under these Terms, in whole or in part, without your consent, including in the event of a merger, acquisition, or sale of assets.

18.2 Waiver

Our failure or delay in exercising any right or provision under these Terms does not constitute a waiver of such right or provision. Any waiver of a right or provision will only be effective if in writing and signed by an authorized representative of Kamarouka. A one-time waiver of any right or provision does not constitute a future waiver or waiver of any other right or provision.

19. Language of the Agreement

These Terms of Use are available in Belarusian, Russian, German, and English. In case of discrepancies between the different language versions, the German version shall prevail. We recommend that you familiarize yourself with the version in a language you understand well.

20. Electronic Communication

By using this site or communicating with us via electronic means, you agree and confirm that we may communicate with you electronically on our site or by sending you emails. You also agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy all legal requirements, including but not limited to the requirement that such communications be in writing.

21. Contact Information

If you have any questions, suggestions, or wish to report a problem, please contact our support team in any convenient way: Sole Proprietor Zmicier Zavadski

  • Address: Bevingsweg 2, 51109 Cologne, Germany
  • Email: info@kamarouka.com
  • Phone: +49 1523 4655017
  • VAT Number (USt-IdNr): DE369649786

You can also use our feedback form to send messages or requests. Our support team strives to respond to all inquiries within 48 hours.

effective from December 1, 2024