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Terms of service
Definitions
Agreement – a public agreement for the use of the Website’s services.
Website – an Internet website with the domain name kotikinc.com.
Buyer – an individual, a visitor of the Website, who has placed an Order for Goods for personal needs.
Order – a duly оформлений request by the Buyer for the purchase and delivery of Goods.
Article 1. General Provisions
1.1. Acceptance of the terms of this Agreement is equivalent to an agreement signed between the Seller and the Buyer. By placing an Order for Goods, the Buyer accepts the rules and terms of use of the Website specified in this Agreement. If the Buyer does not agree with the rules and terms, they must stop using the Website.
1.2. The relations between the Buyer and the Seller are governed by the legislation of Ukraine. The Goods presented on the Website and this Agreement constitute a public offer in accordance with Articles 633 and 634 of the Civil Code of Ukraine.
1.3. The Seller has the right to make changes to this Agreement unilaterally by publishing a new version of the Agreement on the Website without additional notice to the Buyer. The new version enters into force from the moment of its publication on the Website, unless otherwise provided by the Agreement.
1.4. The Seller has the right to assign (or otherwise transfer) its rights and obligations to third parties.
1.5. The Website may be temporarily, partially, or completely unavailable due to maintenance or for any other technical reasons without prior notice to the Buyer.
1.6. If certain provisions or clauses of this Agreement are recognized as invalid or unlawful, such provisions may be excluded from the Agreement and replaced with new provisions. Such replacement does not result in a revision of the Agreement or the invalidation of the Agreement as a whole.
Article 2. Goods
2.1. Goods are offered for sale on the Website. In the event of unavailability of Goods, the Seller has the right to exclude such Goods from the Order and notify the Buyer via the email address or phone number provided by the Buyer.
2.2. The Website provides basic information about the Goods, as well as photographs. Photographs are illustrative and may differ from the actual appearance of the Goods. The Seller may provide additional available information about the Goods upon the Buyer’s request.
2.3. The Seller may unilaterally change the price of Goods indicated on the Website. This right does not apply to Goods that have already been ordered and paid for in accordance with the terms of this Agreement.
2.4. The price of Goods delivered outside the territory of Ukraine does not include brokerage or customs payments, services, or other fees established by the legislation of the country of delivery.
Article 3. Ordering Goods
3.1. The Buyer may submit a request for the purchase and delivery of Goods that are available and presented on the Website. The Seller sets a minimum order amount and indicates it during the ordering process.
3.2. Orders are placed electronically through the “Cart/Your Order” section on the Website. After selecting the Goods and clicking “Buy/Order,” the Buyer checks the correctness of the selected Goods, enters personal information, delivery address, delivery date, and payment method, and completes the order by clicking “Order/Place Order.”
3.3. The Buyer bears full responsibility for providing false or inaccurate information that results in the Seller’s inability to properly fulfill its obligations.
3.4. In case of a change in the price of the Goods, the Seller contacts the Buyer using the provided contact details to confirm or cancel the Order. If it is impossible to contact the Buyer, the Order may be considered canceled.
3.5. The Order may be canceled by the Buyer prior to payment and actual transfer of the Goods if the Buyer has not received the Goods and payment has not been made within the agreed period.
Article 4. Payment for Goods
4.1. The price of the Goods is indicated in Ukrainian hryvnias under FCA terms (INCOTERMS 2010).
4.2. The price does not include commissions or additional fees of banks or payment systems. The Buyer pays such fees independently and at their own expense. The amount of such fees is determined by the respective bank or payment system.
4.3. The price of the Goods may be changed by the Seller unilaterally under the terms specified in this Agreement.
4.4. Payment for the Goods is made in the form of 100% prepayment using the details provided by the Seller.
4.5. The Seller has the right to grant discounts on Goods. Discount conditions are determined by the Seller and may be changed unilaterally.
Article 5. Delivery of Goods
5.1. Delivery of Goods, at the Buyer’s choice, is carried out by courier or postal service, including Nova Poshta, either by courier delivery or delivery to a branch of the respective postal service.
5.2. The delivery time within Ukraine should not exceed 5 business days, but in any case, delivery times set by the respective postal service apply.
5.3. Delivery costs are paid by the Buyer separately according to the tariffs of the postal service. The delivery procedure and inspection of the Goods are governed by postal regulations established by Ukrainian law and the relevant postal service. The Seller may, at its discretion, pay for delivery for Orders exceeding a certain amount specified during ordering.
5.4. Upon receipt of the Goods, the Buyer inspects them for compliance with assortment, completeness, quality, and packaging defects. In case of non-compliance, the Buyer may refuse the Goods only by drawing up a corresponding report with representatives of the postal service. In other cases, the return of damaged Goods is carried out with the Seller’s consent. Returns for other reasons are carried out in accordance with the “Warranties and Returns” section of this Agreement.
5.5. Ownership of the Goods transfers at the moment of delivery and signing by the Buyer or the recipient specified in the Order of documents confirming delivery. At this moment, the Seller is deemed to have fulfilled its obligations under the Agreement.
5.6. Delivery is a separate service and is not an integral part of the Goods. Purchasing Goods with delivery does not entitle the Buyer to demand delivery during warranty service and/or replacement, nor to a refund of delivery costs where the right to return the Goods exists.
5.7. For international delivery, the Seller (or its representative) contacts the Buyer to agree on the possibility, cost, and timing of such delivery.
5.8. Goods ordered for international delivery may be subject to import taxes, duties, VAT, and import restrictions in the destination country. Responsibility for such charges lies with the Buyer. The Seller does not calculate or compensate these costs.
Article 6. Warranties and Returns
6.1. The Buyer has the right to refuse the Goods and terminate the Agreement within 14 (fourteen) calendar days from the date of receipt, except for Goods that are not subject to exchange or return in accordance with Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994, “On the Implementation of Certain Provisions of the Law of Ukraine ‘On Consumer Rights Protection’,” as amended. Such Goods include, but are not limited to, underwear.
Article 7. Confidentiality and Personal Data
7.1. The Seller collects and processes personal information provided by the Buyer during the Order process in accordance with the Law of Ukraine dated June 1, 2010, No. 2297-VI “On Personal Data Protection” and this Agreement.
7.2. Personal data are collected and processed for the purpose of providing Buyers with access to the Website and processing Orders, informing Buyers (including advertising materials), and other actions related to these purposes.
7.3. The privacy and personal data policy under this Agreement applies exclusively to the Website. When the Buyer visits third-party websites (including external services), the Buyer is governed by the privacy policy of the respective service.
7.4. The Buyer provides their first and last name, email address, phone number, and delivery address. Other information may be provided at the Buyer’s discretion in the Order comments. The Buyer independently verifies the accuracy of the provided information.
7.5. The Seller has the right to send advertising messages, promote Goods, and provide informational materials regarding the Seller’s Goods, services, events, and promotions.
7.6. The Seller has the right to transfer Buyers’ personal data to third parties if such transfer is necessary for the Seller to fulfill its obligations under this Agreement and to protect the rights and freedoms of the Seller or third parties in case the Buyer violates the terms of this Agreement.
7.7. The Buyer has the right to opt out of receiving advertising and other information by sending a notification to the email address specified on the Website. The Buyer has the right to request information on whether their data are being processed by the Seller. The Seller provides such information within 30 calendar days.