Terms of Service of TobiPaczka

Effective Date: 06.07.2026. Last updated: 06.07.2026.

1. General provisions

1.1. These Terms (hereinafter referred to as the "Agreement") constitute a public contract (public offer) within the meaning of Articles 633, 641 and 642 of the Civil Code of Ukraine and the Law of Ukraine "On Electronic Commerce" and define the terms of provision of services by the website tobipaczka.com (hereinafter — the "Site").

1.2. The parties to the Agreement are: Service Provider — the international logistics company "TobiPaczka", providing services through the Site; Customer — any legally capable person (natural person, sole proprietor, or legal entity) ordering services on the Site.

1.3. The Site provides services for the purchase (acquisition) of goods on behalf of the Customer and international delivery services of goods. The Service Provider acts as an intermediary and freight forwarder and is not the seller or manufacturer of the goods (see Section 3).

1.4. The Agreement is considered concluded (accepted) from the moment the Customer places an order on the Site — in particular, by checking the box "I have read the Terms and agree to them" and/or clicking the order placement button. The Customer The Customer is obliged to review the Agreement before placing the order.

1.5. If the Customer does not agree with the terms of the Agreement, they must refrain from using the Site and placing orders.

1.6. The Service Provider has the right to amend the Agreement. The new version is posted on the Site with the effective date indicated. Changes do not have retroactive effect and do not apply to orders placed before their entry into force; such orders are governed by the version in effect at the time of placement. The Service Provider notifies about significant changes in an accessible way (notice on the Site and/or by email).

2. Terms and Definitions

• Service Provider — the person specified in clause 1.2, providing services through the Site.
• Customer — the person ordering the services; if the Customer is a natural person purchasing services for personal needs, they are a consumer within the meaning of consumer protection legislation.
• Recipient — the person for whom the goods are intended (may coincide with the Customer).
• Seller (Store) — a third party (online store, marketplace, other seller) from whom goods are purchased on behalf of the Customer. The Seller is not the Service Provider.
• Goods — items purchased from the Seller on behalf of the Customer and authorized for circulation and import into the territory of Ukraine.
• Purchase Service — the intermediary service of the Service Provider for acquiring Goods from the Seller on behalf of and/or at the expense of the Customer.
• Delivery Service — the freight forwarding service for organizing international delivery of Goods to the Recipient.
• Order — a request placed by the Customer for the provision of services.
• Service Fee (Remuneration) — payment for the services of the Service Provider (see Section 5).
• Personal Data — information about a natural person, processed in accordance with the Privacy Policy (Section 14).

3. Subject and Description of Services

3.1. On behalf of the Customer, the Service Provider for a fee provides one or more services:

• purchases the Goods selected by the Customer from the Seller on behalf of and/or at the expense of the Customer;
• organizes international delivery of the Goods to the Recipient, including assistance with customs clearance.

3.2. The legal nature of the Agreement is the provision of services (in particular, mandate/commission regarding product purchasing, and freight forwarding regarding delivery). The Service Provider does not act as a party to the sale and purchase agreement between the Customer and the Seller: the actual seller of the Goods is the third-party Seller (Store). Ownership of the Goods and related warranties arise for the Customer in accordance with the Seller's terms and applicable law.

3.3. General procedure for the provision of services:

1. The Customer places an order and provides data about the Goods and Recipient;
2. The Service Provider calculates the total cost (Section 5) and confirms it with the Customer;
3. After payment, the Service Provider purchases the Goods from the Seller;
4. International delivery and customs clearance are arranged;
5. The Goods are handed over to the Recipient.

3.4. The Service Provider makes reasonable efforts for the proper execution of the order, but does not guarantee the availability of Goods from the Seller, the immutability of the Seller's prices and timelines dependent on the Seller, carriers or customs authorities.

4. Order Placement Procedure

4.1. The Site is intended for informing about available services and for the Customer to place orders. Registration is not required: it is sufficient to provide accurate and complete data necessary for the performance of the Agreement.

4.2. Orders can be placed 24/7 on the Site, as well as by phone +380‑68‑67‑32‑368 or email info@tobipaczka.com. Orders are processed by the Service Provider within a reasonable time during business hours.

4.3. The Service Provider has the right to decline an order, in particular, if: the Goods are prohibited or restricted for shipment/import (Section 7); inaccurate or incomplete data has been provided; the Goods are unavailable from the Seller; payment has not been received; performance is impossible for reasons beyond the Service Provider's control. The Service Provider notifies the Customer about the order rejection and its reasons; amounts paid for unrendered services are refunded (subject to Section 9).

5. Cost of Services and Payment Procedure

5.1. The total cost of an order may include: (a) the cost of the Goods at the Seller's price; (b) the Service Fee (Agency Fee / Commission) of the Service Provider; (c) the cost of international delivery; (d) customs payments (duty, VAT) and related fees (Section 6); (e) other agreed expenses (e.g., bank fees, insurance). The composition and amount of payments are communicated to the Customer before order confirmation.

5.2. Payment is made by the methods offered by the Service Provider (bank transfer, payment via a payment service, cash on delivery through a delivery service, etc.). The Service Provider does not store full payment card details (see the Privacy Policy).

5.3. The cost of an agreed and paid order is not changed by the Service Provider unilaterally. If the price of the Goods from the Seller has changed before the moment of purchase or other essential terms have changed, the Service Provider informs the Customer, and the order is executed only after the Customer confirms the new terms; if the Customer refuses, the amounts paid for the unpurchased Goods are refunded.

5.4. If payment is not received, the Service Provider has the right to cancel the order.

5.5. The Service Provider has the right to provide discounts and establish bonus programs; their terms are published on the Site.

6. Customs Clearance, Taxes and Fees

6.1. During international delivery of Goods to Ukraine, the Recipient or Customer acts as the recipient-importer and bears the obligation to pay customs payments — import duty, VAT and related fees — in the amount and manner established by the customs legislation of Ukraine.

6.2. Rates, benefits and limits (including the duty-free import threshold) are established by legislation and may change. As of the date of this version, for international shipments to individuals, the duty-free import threshold of the equivalent of 150 euros per shipment applies; if exceeded, duty and VAT are charged on the excess amount. Actual values should be clarified at the time of import.

6.3. The Customer is obliged to provide accurate data necessary for customs clearance (including the taxpayer registration number of the Recipient and, if necessary, other information), as well as to truthfully indicate the value of the Goods. Understating the value and providing false information entails liability in accordance with the law and is borne by the Customer.

6.4. Customs authorities have the right to combine several shipments addressed to one recipient, hold shipments until payment of duties, and in case of non-payment — return or otherwise dispose of them in accordance with the law. The Service Provider does not control the actions of customs authorities and is not responsible for them.

7. Prohibited and Restricted Goods for Shipment

7.1. The Customer undertakes not to order the purchase and/or delivery of goods prohibited or restricted for international shipment and/or import into the territory of Ukraine (in particular: weapons, ammunition; narcotic and psychotropic substances; dangerous, flammable, perishable goods; items of cultural value; other goods restricted by legislation or the rules of carriers and postal operators).

7.2. The Service Provider has the right to refuse to accept or execute such an order, as well as to suspend execution upon discovery of such goods. The Customer bears responsibility for commissioning the purchase/delivery of prohibited or restricted goods.

8. Delivery and Handover of Goods

8.1. International shipping is handled both by the service itself and by third-party delivery services/carriers, in accordance with their rates and policies. The cost of delivery is calculated individually based on weight, dimensions, destination, and delivery method.

8.2. Delivery times are approximate and depend on the Seller, carriers and customs procedures. The Service Provider organizes delivery, but is not responsible for delays caused by the actions of carriers, customs authorities or force majeure circumstances (Section 12).

8.3. The risk of loss or damage to the Goods passes to the Customer (Recipient) from the moment the Goods are handed over to the Recipient. The Goods may be insured by agreement of the parties; in case of damage/loss during transportation, claims are filed against the carrier in the established manner, and the Service Provider provides reasonable assistance in their preparation.

8.4. Acceptance of the Goods is confirmed by the Recipient's signature on the transport (delivery) waybill or in another way provided by the rules of the carrier/delivery point. The Recipient is advised to check the integrity of the shipment upon receipt and record visible damage.

9. Return, Exchange and Consumer Rights

9.1. Since the actual seller of the Goods is the third-party Seller (Store), issues of quality, warranty, exchange and return of the Goods themselves are governed by the Seller's terms and applicable law. The Seller/manufacturer bears primary responsibility for defects in the Goods. The Service Provider provides reasonable assistance in interaction with the Seller, but is not responsible for the quality of the Goods if the defects are not caused by the actions of the Service Provider.

9.2. Cancellation of the Service Provider's services. The Customer has the right to cancel the service order before execution begins (before the Goods are purchased) with a refund of the amounts paid minus the expenses actually incurred by the Service Provider. After the purchase of the Goods, the purchase service is considered rendered, and the cost of the Goods and the incurred expenses (delivery, customs payments, bank fees) are non-refundable, except in cases provided by law.

9.3. Right of withdrawal under a distance contract. With respect to contracts concluded at a distance, the consumer has the legally established right to withdraw from the goods/service within 14 days (Article 13 of the Law of Ukraine "On Protection of Consumer Rights"; for consumers in the EU — Directive 2011/83/EU). This right does not apply, in particular, to goods made to the consumer's specifications or clearly personalized, as well as in other cases provided by law; a significant part of the goods purchased on behalf of the Customer may fall under such exceptions.

9.4. Return of Goods of proper quality (in cases where it is permitted) is possible provided that the Goods have not been used, their commercial appearance, consumer properties, seals, tags and the payment document are preserved. The return of Goods is carried out at the Customer's expense, unless otherwise provided by law. Upon return, the Service Provider refunds the amounts paid minus non-refundable expenses (service fee for already rendered services, cost of delivery, customs payments), unless otherwise provided by law.

9.5. Nothing in this section limits or cancels the mandatory consumer rights provided by the legislation of Ukraine and the EU.

10. Rights and Obligations of the Parties

10.1. The Service Provider is obliged to: provide services in good faith and with reasonable care; inform the Customer about the cost and essential terms; engage reliable carriers; process personal data in accordance with the Privacy Policy.

10.2. The Service Provider has the right: to refuse to accept an order in cases specified in the Agreement; to engage third parties (sellers, carriers, payment and other services) for performance; to amend the Agreement in accordance with clause 1.6.

10.3. The Customer is obliged to: provide accurate and complete data (including about the Recipient and for customs clearance); timely pay for the order; not commission the purchase/delivery of prohibited or restricted goods; ensure the lawfulness of providing data of third parties (Recipient) and inform them about the processing of data.

10.4. The Customer has the right: to receive information about the services and order status; to exercise consumer rights; to cancel services in accordance with Section 9.

11. Liability of the Parties

11.1. The Service Provider is responsible for the proper performance of its services (purchase in accordance with the order, organization of delivery) within the limits established by law and this Agreement.

11.2. The Service Provider is not responsible for: the quality, completeness and defects of the Goods, for which the Seller/manufacturer is responsible; the consequences of the Customer providing inaccurate or incomplete data; improper use of the Goods by the Customer; delays and actions of carriers and customs authorities beyond the Service Provider's reasonable control; the content and operation of third-party sites.

11.3. The aggregate liability of the Service Provider to the Customer under an order is limited to the cost of the relevant services of the Service Provider under this order. This limitation does not apply in cases where limitation of liability is prohibited by law, in particular in case of harm to life or health, willful misconduct or gross negligence, as well as with respect to mandatory consumer warranties.

11.4. The Customer is responsible for the accuracy of the provided data, the lawfulness of the commissioned transactions, compliance with customs requirements and for commissioning the purchase/delivery of prohibited or restricted goods.

12. Force Majeure

12.1. The parties are released from liability for non-performance or improper performance of obligations if it is caused by force majeure circumstances: military actions, the introduction or operation of martial law, mobilization, emergencies, border closures, disruptions in the operation of energy systems and communications, restrictions by state authorities, disruptions in the operation of carriers and postal operators and other similar circumstances beyond the reasonable control of the parties.

12.2. The period for fulfilling obligations is extended for the duration of such circumstances. The party for whom impossibility of performance has arisen notifies the other party within a reasonable time.

13. Intellectual Property

13.1. Images and textual materials posted on the Site are protected by intellectual property legislation. They may be used by the Customer exclusively for personal non-commercial purposes; any other use (including copying, distribution, publication) without the consent of the right holder is prohibited and entails liability in accordance with the legislation of Ukraine.

14. Personal Data Processing

14.1. Personal data processing is carried out in accordance with the Privacy Policy posted on the Site, which is an integral part of the relations between the parties.

14.2. By placing an order, the Customer agrees to receive messages related to the execution of the order. The Customer may also give separate consent to receive informational and advertising messages (SMS, email, Viber, WhatsApp, Telegram) and has the right to opt out at any time by sending a notification to info@tobipaczka.com.

15. Dispute Resolution

15.1. Disputes are resolved through negotiations. For questions and claims, the Customer contacts the Service Provider at info@tobipaczka.com or in another accessible way; the Service Provider reviews the request within a reasonable time.

15.2. If no agreement is reached, the dispute is resolved in court in accordance with the legislation of Ukraine. For consumer-customers, the mandatory rights provided by consumer protection legislation are preserved, including the right of an EU consumer to apply to the court of their place of residence.

15.3. The European Online Dispute Resolution (ODR) platform ceased operation on July 20, 2025. EU consumers in cross-border disputes may contact national alternative dispute resolution bodies and the European Consumer Centres Network (ECC-Net).

16. Final Provisions

16.1. The invalidity of a particular provision of the Agreement does not entail the invalidity of the remaining provisions.

16.2. The Service Provider has the right to engage third parties for the performance of obligations; such engagement, as well as the transfer of rights and obligations, must not worsen the position of the consumer-customer compared to the guarantees established by law.

16.3. The Site and its services may be temporarily unavailable due to maintenance or other technical work; the Service Provider makes reasonable efforts to minimize such interruptions.

16.4. The Agreement is interpreted and applied in accordance with the legislation of Ukraine; mandatory provisions of EU consumer protection law also apply to consumers from the EU.

16.5. Service Provider details:

• phone +380‑68‑67‑32‑368;
• email: info@tobipaczka.com.