Terms of service

PUBLIC OFFER AGREEMENT

This Public Agreement (Agreement and/or Offer), wherein one party is the online store kotozhama.com, hereinafter referred to as the Seller, on the one hand, and any other person, hereinafter referred to as the Buyer, acting for the purpose of purchasing Goods, accepts (accepts) the terms of this agreement (hereinafter – the Agreement) on the other hand, have concluded this Agreement as follows:

1. GENERAL PROVISIONS

1.1 The Seller sells Goods on the website: kotozhama.com. In accordance with Article 633 of the Civil Code of Ukraine (CC of Ukraine), this Agreement is a public contract (Agreement and/or Offer) addressed to an unlimited circle of legal entities and individuals and, in case of acceptance (acceptance) of the terms set forth below, any individual or legal entity (hereinafter the Buyer) undertakes to fulfill the terms of this Agreement.

1.2 This agreement is a Public Offer Agreement (pursuant to Articles 633, 641, and Chapter 54 of the Civil Code of Ukraine); its terms are identical for all buyers, regardless of status (individual, legal entity, individual entrepreneur).

1.3 In this Agreement, the following terms shall have the following meanings:

  • Offer – the Seller’s public proposal addressed to any individual and/or legal entity to conclude a Public Agreement for the purchase of Goods, the list and photos of which are posted on the website: kotozhama.com.

  • Acceptance – the full acceptance by the Buyer of the terms of the Agreement regarding the purchase of Goods. Acceptance is realized at the moment of adding Goods to the virtual shopping cart on the website kotozhama.com and is confirmed at the moment of payment.

  • Seller – any legal entity or individual entrepreneur, in accordance with the current legislation of Ukraine, who is the owner, distributor, or vendor of the Goods via the website and intends to sell them (as confirmed by placing the Goods in the Catalog).

  • Buyer – any capable individual or legal entity (as well as an individual entrepreneur) who accepts the terms of this Agreement and intends to purchase the Goods (as confirmed by adding the Goods to the virtual shopping cart and the subsequent payment of its value).

  • Products – the list of names of the assortment presented in the online store.

  • Goods – the list of names of the assortment presented in the online store.

  • Catalog – a structured list of Goods (Products) containing their names, codes, brief information on consumer properties, and photographic materials.

  • Place an Order – to decide to purchase the Goods, click on the virtual cart icon, fill in all required information fields, and proceed with payment.

1.4 In case of acceptance of the terms of this Agreement (i.e., the Public Offer of the online store), the citizen or legal entity (or individual entrepreneur) performing the Acceptance of the Offer acquires the status of the Buyer. Acceptance is the fact of placing an order by clicking on the "Checkout" link in the cart and paying the order value in the amount of 100% (regardless of the chosen payment method: bank transfer, transfer of funds to the courier, or cash on delivery upon receipt via the "Nova Poshta" postal service in the amount of 100%), under the terms of this Agreement.

2. SUBJECT OF THE AGREEMENT

2.1 The Seller undertakes, under the terms and in the manner defined by this Agreement, to sell the Good(s) based on the Order(s) placed by the Buyer on the relevant page of the website kotozhama.com, and the Buyer undertakes, under the terms and in the manner defined by this Agreement, to purchase the Goods and pay their value.

2.2 The online store (Seller) undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

2.3 This Agreement regulates the purchase and sale in the online store, including:

  • a) voluntary selection of Goods by the Buyer from the "Catalog";

  • b) independent placement of the order by the Buyer in the online store;

  • c) payment by the Buyer for the order placed in the online store;

  • d) fulfillment and transfer of the purchased Goods to the Buyer's ownership under the terms of this Agreement.

3. PURCHASE PROCEDURE

3.1 The Buyer independently places an order on the relevant page of the website kotozhama.com by adding Goods to the virtual cart by clicking the "Add to Cart" button, and then by placing an order in the cart, which involves entering the necessary information in the relevant fields and clicking the "Confirm Order" button. Orders can also be placed via the phone numbers listed in the contacts section of the website.

3.2 The Seller ensures the availability of Goods presented on the website. Accompanying photographs may slightly differ from the actual appearance of the Goods, given the color rendering features of different devices through which the website is viewed. Since most items are manufactured individually (customization), minor differences in the texture of materials (boucle, fleece) or shades are a natural feature of the products.

3.3 In case of absence of the Goods ordered by the Buyer in the Seller's stock, the latter has the right to exclude the specified Goods from the Order (i.e., cancel the Order made by the Buyer), notifying the Buyer by sending an electronic message of the relevant content to the address specified by the Buyer, or by other means.

4. AGREEMENT PRICE, PAYMENT AND DELIVERY PROCEDURE

4.1 The price of each individual item is determined by the Seller and indicated on the relevant page of the website kotozhama.com. The total Price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual cart and the delivery price, which is determined depending on the delivery method chosen on the website.

4.2 The value of the Order may change depending on the price, quantity, or range of Goods.

4.3 The Buyer may pay for the order in the following ways:

  • 4.3.1 By bank transfer of funds to the Seller's settlement account: The Buyer pays the order value within three days from the date of receipt of the invoice in the amount of 100% prepayment. If the funds are not received in the Seller's account within the specified period, the Seller reserves the right to cancel the order.

  • 4.3.2 By cash on delivery (afterpayment) upon receipt of the Order at the representative offices of the "Nova Poshta" postal service.

  • 4.3.3 By any other method (as agreed with the Seller).

4.4 The Buyer receives the Goods through delivery services or receives them personally. The procedure for payment and receipt of Goods is specified in the "Delivery and Payment" section of the website kotozhama.com.

4.5 If the delivery of Goods is performed by postal services (delivery services, for example, "Nova Poshta"), the Buyer fully and unconditionally agrees to the Rules of Carriage of goods in force at the carrier company.

4.6 The fact of receipt of the Goods and the absence of claims to the quality of the Goods transported by delivery services (carrier companies) is confirmed by the Buyer's signature in the consignment note, declaration, sales receipt, delivery service (carrier company) invoice, or in the expense invoice or sales receipt upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the carrier company in the quantity specified in the order, the value of which was paid by the Buyer, and in proper quality. After receiving the Goods, claims regarding external defects, quantity, completeness, and product appearance are not accepted.

4.7 In case of the Buyer's absence at the delivery address specified by the Buyer in the order, or the Buyer's refusal to receive the Goods for unreasonable reasons, in case of delivery by a delivery service courier, the Goods are returned to the Seller.

5. TERMS OF RETURN/EXCHANGE OF GOODS

5.1 In accordance with Article 9 of the Law of Ukraine "On Protection of Consumer Rights," the Buyer has the right to exchange or return Goods of proper quality within fourteen days, not counting the day of purchase, unless the Seller has specified a longer period.

5.1.1 In accordance with Art. 13 of the Law of Ukraine "On Protection of Consumer Rights," goods manufactured according to the individual order of the Buyer (customized) are not subject to return or exchange.

5.2 If the Buyer intends to return or exchange Goods subject to return, it is first necessary to ensure that the original appearance of the Goods is preserved, the packaging is preserved, and all labels and markings of the Seller are intact.

5.3 The exchange and return of Goods of proper quality are carried out at the Buyer's expense (the Buyer pays all transport costs). The Seller compensates only for the Goods; reimbursement for delivery services is not provided.

5.4 Products with obvious signs of use or careless handling (dirt, foundation cream, holes, smell of perfume, deodorants, etc.) are not subject to exchange or return. Products with any traces of animal hair are categorically not subject to exchange or return.

5.5 Exchange and return of Goods of improper quality (factory defect, incorrectly completed order) are carried out at the Seller's expense (the Seller pays all transport costs).

5.6 In case of at least one defect in the Goods, the Buyer is obliged to record them by means of photo or video filming. Within 1 (one) day, the Buyer is obliged to notify the Seller of the detected defects by contacting the e-mail or contacting the online store manager using any means of communication specified in the "Contacts" section and agree on the replacement or return of the Goods.

5.7 The Parties have agreed that in case of non-compliance with the mandatory requirements regarding the specified procedure, the receipt of the Goods by the Buyer in proper condition, i.e., without any mechanical damage and in full set, is recognized.

5.8 The terms for refunding funds and/or sending new Goods for exchange shall be no more than 7 days from the moment the Goods are received by the online store. Refunds are made to the details that the Buyer sends to the contact details of the online store manager.

5.9 The Seller has the right to refuse the Buyer the exchange/return of Goods if the Goods were not preserved in their original form. In this case, the Seller records the violations and sends them to the Buyer via communication means.

6. LIABILITY OF THE PARTIES

6.1 The Seller is obliged to fulfill the terms of this Agreement.

6.2 The Seller is obliged to transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the website kotozhama.com, with the placed order and the terms of this Agreement.

6.3 The Seller has the right to unilaterally terminate the provision of services under this Agreement in case of violation of the terms of this Agreement by the Buyer.

6.4 All objects available on the website kotozhama.com, including design elements, text, graphic images, illustrations, video, photos, databases, music, sounds, and other objects, as well as any content placed on the website services, are objects of the exclusive right of the Seller and other copyright holders. No elements of the content of the kotozhama.com website services, nor any content placed on the website, may be used in any other way without the prior permission of the Seller and/or the copyright holders. Use includes, but is not limited to: reproduction, copying, processing, distribution on any grounds, etc.

6.5 The Buyer is obliged to timely pay for and receive the Goods under the terms of this Agreement.

6.6 The Buyer is obliged to familiarize themselves with the information about the Goods posted on the Seller's website.

6.7 Upon receipt of the Goods, in the presence of the Delivery Service representative, the Buyer is obliged to ensure the integrity and completeness of the Goods by inspecting the packaging. In case of damage to the packaging or incomplete set of Goods, it must be recorded in an act, which must be signed by the person who delivered it to the Buyer along with the Buyer.

6.8 The Buyer is obliged not to take any actions that may lead to a disproportionately large load on the infrastructure of the website kotozhama.com.

6.9 The Buyer is obliged not to use automatic programs to gain access to the website kotozhama.com.

6.10 The Buyer is obliged not to copy, reproduce, or modify any information contained on the website kotozhama.com.

6.11 The Buyer is obliged not to interfere and not to attempt to interfere with the operation and other activities of the website kotozhama.com, as well as not to interfere with the action of automatic systems or processes, as well as other measures, in order to prevent or limit access to the website kotozhama.com.

6.12 The Buyer bears full personal responsibility for the safety of their animal during the use of the Seller's products. The Seller is not responsible for any injuries or damage caused by improper use of clothing or unpredictable behavior of the animal.

6.13 The Parties are liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.

6.14 In case of disputes related to the fulfillment of this Agreement by the Parties, with the exception of disputes over the recovery of debt from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The term for consideration of a claim is 7 (seven) calendar days from the date of its receipt. For disputes in connection with the collection of debt from the Buyer, compliance with the claim procedure is not required.

6.15 All disputes, discrepancies, or claims arising from or in connection with this Agreement, including those concerning its fulfillment, violation, termination, or invalidity, shall be resolved in the relevant judicial institution of Ukraine.

7. MISCELLANEOUS

7.1 The online store kotozhama.com reserves the right to expand and reduce the product range, regulate access to purchase, as well as suspend or terminate the sale of Goods at its own discretion.

7.2 This Agreement should be considered in the form in which it is published on the website kotozhama.com, and should be applied and interpreted in accordance with the legislation of Ukraine.

7.3 The Public Offer Agreement is located at the internet address: kotozhama.com.