Online retailer Rozetka wins over 330,000 UAH in a lawsuit against a sole proprietor: details
10 June 13:11
Rozetka, Ukraine’s largest online retailer, has won a lawsuit against Karina-Karolina Leonidovna Muntian, a sole proprietor. The sole proprietor must pay 330,251.93 UAH in debt, late fees, and inflation-related losses. This was reported by dev.ua, citing a ruling by the Kyiv Commercial Court, as reported by "Komersant Ukrainian".
The marketplace filed a lawsuit because the entrepreneur ignored the approval of invoices and failed to pay for services under a sublicense agreement.
It is reported that in May, Rozetka and the sole proprietor entered into a sublicense agreement.
Under its terms, the retailer granted the entrepreneur:
- a non-exclusive sublicense to use the Rozetka trademark (for advertising, displaying goods, presenting products, etc.);
- access to the Rozetka online platform (the website and its internal functionality) for the sale of goods.
In return, the sole proprietor was required to pay monthly royalties and periodic payments by the 25th of the current month. However, between August 2022 and February 2023, the entrepreneur accumulated debt for the services provided. Rozetka issued invoices and service provision statements, but never received the full amount.
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In court, it was revealed that the sole proprietor had not signed the electronic certificates of work performed that were sent (they lacked a digital signature or a seal). However, in the contract, Rozetka included a “tacit consent” clause typical of large IT platforms. That is, if within 3 business days of receiving the certificates the licensee does not send substantiated objections by email, the certificates are considered accepted and signed in the form in which they were provided, and the services—provided in full.
Since no complaints or objections were received from the entrepreneur, the court recognized the documents as valid and the debt as officially recorded. Furthermore, the court emphasized that the obligation to pay under the contract depended on a specific date (by the 25th) rather than on the mere fact of signing the documents.
It is reported that the sole proprietor ignored the court proceedings. The case was heard under a simplified procedure.
The court ruled to collect from the sole proprietor:
- 246,655.50 UAH — principal debt for services;
- 62,046.17 UAH — inflation losses (accrued for the period of default from 2023 to 2026);
- 21,550.26 UAH — 3% per annum;
- 3,963.02 UAH — court fees.
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