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Public Offer Agreement

1. Terms and Definitions

1.1. This offer is the rules for registration, execution and receipt of orders on the following website https://us.kachorovska.com/.

1.2. Order is a duly completed request of the Buyer on the Site (the relevant fields on the Site are filled in in the ‘Make an order’ section, the authenticity and correctness of the entered information is confirmed and all actions specified on the Site for sending the order to the Seller are performed), addressed to the Seller, containing an offer to sell the selected list of Goods.

1.3. Buyer is a person who makes an Order and intends to purchase/buy the Goods offered for sale by the Seller and presented on the Site.

1.4. Rules are the Rules for registration, execution and receipt of orders on the Site.

1.5. Seller is the administration of the Site, Oksana Vasylivna Holovchak Individual Entrepreneur



Phone number: +380 (44) 333 77 00

Email: [email protected]

1.6. Offer is an information about the Goods posted by the Seller on the Site, which includes information about the Goods, their price, payment and delivery methods, as well as other conditions for purchasing Goods. The terms of the Offers posted on the Site shall be set by the Seller. The Offer is an information about the possible conditions for purchasing Goods.

1.7. Site is a website that has a following Internet address https://us.kachorovska.com/, on separate pages (in sections) of which there are rules (conditions) for posting an order, payment, delivery, Goods return, guarantees, the Goods are presented, etc.

1.8. Goods are a material object offered for sale by the Seller, posted on the Site, for which the price, name, description, characteristics and status of its availability are indicated. The following types of Goods are presented on the Site: model shoes, casual shoes (in particular: women's shoes (ballet shoes, sandals, espadrilles, pumps, toeless shoes, oxfords, loafers, bootees, ankle boots, boots, etc.), men's shoes), handbags, accessories.

1.9. Delivery Service is a third party that provides services for the transportation of goods, courier and/or postal delivery of goods.

 

2. General Provisions 

2.1. Use of the Site in any form (including, but not limited to, ordering by Buyers) automatically indicates the Buyer's familiarization with and agreement with the Rules. If the Buyer disagrees with the Rules, he or she must refrain from using the Site.

2.2. These Rules regulate the procedure for:

2.2.1. Buyers' access to information posted on the Site;

2.2.2. use of the Site;

2.2.3. ordering the Goods;

2.2.4. payment of the Goods;

2.2.5. delivery of the Goods;

2.2.6. receiving and returning the Goods.

2.3. Information about the Goods is displayed on the Site and is dynamic. This means that the information can be updated, changed and supplemented by the Seller at any time without prior notice. The specified changes enter into force after their publication on the Site and are applied to any Order made after their publication.

2.4. Information about the Goods, terms of their purchase, prices and any other Seller’s information is accurately presented on the Site.

2.5. The proposal on the Site is not an offer. However, the Buyer, after reading the Offer, has the right to make an offer to the Seller by selecting goods, filling out the form in the ‘Make an order’ section, confirming the authenticity and correctness of the entered information and performing all the actions specified on the Site in order to send the order to the Seller. Filling out the specified form and its sending to the Seller shall be considered an offer made by the Buyer to the Seller to purchase the corresponding Goods on the terms specified in the Offer and these Rules.

2.6. The Offer is considered accepted by the Seller (acceptance) if the latter has taken actions that testify to the acceptance of the Buyer's offer, namely: actually shipped the Goods in accordance with the conditions stipulated by the Buyer's offer.

2.7. After receiving the Buyer's offer, the Seller has the right to offer to purchase the Goods under other conditions than those stipulated in the Buyer's offer. In this case, such an offer is considered a counter-offer and must be accepted by the Buyer. Acceptance of the counter-offer is actually the payment, receipt of the Goods by the Buyer under conditions stipulated by the counter-offer. The Seller has the right to withdraw such a counter-offer before the payment and/or delivery of the Goods.

2.8. In case of a mistake in the acceptance sent, the Parties have the right to change the conditions only in case of timely mutual notification of such mistake.

2.9. The Seller's acceptance of the Buyer's offer or the Buyer's acceptance of the Seller's counteroffer is the conclusion of an agreement between them on the terms established by these Rules.

2.10. Information about the Goods is posted directly on the Site. Besides, when receiving the Goods, before signing the documents confirming the receipt of the Goods, the Buyer is obliged to familiarize himself/herself with the information about the Goods contained on the Goods and/or packaging and/or in the accompanying documents. If it is necessary to obtain an additional information about the Goods, the Buyer is obliged to contact the Seller and obtain the necessary information using means of remote communication before the acceptance of such Goods.

 

3. Order Processing Procedure

3.1. In order to be able to make a purchase on the Site, the Buyer must correctly fill out the mandatory fields in the ‘Make an order’ section, confirm the authenticity and correctness of the entered information and perform all the actions specified on the Site in order to send the order to the Seller.

3.2. When filling out the Order form, the Buyer undertakes to specify the information marked as mandatory in full, and the Buyer is responsible for the reliability, correctness and truthfulness of both mandatory and other information provided.

3.3. By making the Order, the Buyer confirms that he/she is familiar with the terms of these Rules, and all actions he/she will take will not contradict the terms of these Rules.

3.4. The Order is considered accepted for execution after the Buyer receives an electronic message from the Seller to the email address or a phone call or other telephone message to the Buyer's mobile phone number specified when the Buyer made the Order, confirming the fact of agreement and acceptance of the Order.

3.5. The Seller has the right to reject the Order in case of actual absence of the Goods in the warehouse, by sending the Buyer an electronic message or making a phone call/other phone message. In such a case, the rights and obligations of the Parties related to the sale, delivery and transfer of the ordered goods to the Buyer and their payment to the Seller provided for in these Rules shall be terminated, and the cost of the Goods, if paid for them, shall be returned to the Buyer.

3.6. In the case of an incorrect entry by the Buyer, when making the Order, e-mail and/or phone number, the Seller has the right to cancel such unconfirmed Order.

 

4. Price and Terms of Payment for the Goods

4.1. The price of the Goods is indicated on the Site in the appropriate section at the time of making the Order, and does not include the cost of delivery.

4.2. The Seller has the right to unilaterally change the price of the Goods without prior notice. However, the Seller has no right to change the price of the ordered Goods after the Order has been accepted by the Seller and the Buyer has received an electronic message or a telephone call or other telephone message confirming the acceptance of the Order.

4.3. The price of the Goods shall be paid in US dollars (USA).

4.4. The Buyer can pay for the ordered Goods:

by Liqpay CHECKOUT cashless transfer.

by Wayforpay cashless transfer.

4.5. From the moment of acceptance of the Buyer's Order, the Seller reserves the selected Goods for the Buyer for 48 hours. If within 48 hours from the moment of making the Order, the Goods have not been paid for by the Buyer, the reservation of such Goods is removed, and the Buyer is considered to have refused the Order (cancelled the Order).

4.6. The Goods must be fully paid for by the Buyer before they are handed over by the Seller. Failure to make timely payment or payment for the Goods in full does not create any obligations for the Seller (including regarding the reservation of the Goods by the Buyer).

4.7. When paying for the Goods, the Buyer is obliged to indicate in the ‘Purpose of payment’ column his/her surname, first name, patronymic name, his own order number or call the Seller at the phone number specified on the Site and inform him/her of the payment of the corresponding order number. Otherwise, the Seller is not responsible for a possible delay in the delivery of the Goods to the Buyer due to additional time spent on identifying the payment.

4.8. In the event that the Order is cancelled by the Buyer or rejected by the Seller, the paid price for the Goods shall be refunded, and the already spent funds for delivery incurred before the cancellation of the Order by the Buyer shall not be refunded.

4.9. Upon cancellation of the Order or return of the Goods by the Buyer, the money paid by the Buyer shall be returned only after the Seller has received the Goods.

4.10. Refunds to the Buyer shall be made within 30 (thirty) calendar days from the moment the Seller receives the returned Goods by transferring funds to the account from which the payment was made by the Buyer, or to another account specified by the Buyer in writing or electronically.

4.11. The Seller may limit the possibility of using some of the methods of payment for the ordered Goods.

 

5. Procedure for Delivering the Goods

5.1. The delivery of Goods shall be carried out by courier and postal services throughout the United States. The cost of delivery shall paid separately and is not included in the price of the Goods.

5.2. The Seller undertakes to hand over the Goods to the carrier (courier, postal organization, etc.) for delivery within 2 (two) working days from the moment of receiving the Order. If the Goods are located in different premises (warehouses) or there are circumstances that complicate the execution of the Order, the deadline for delivery (issuance) may be extended by the Seller up to 14 (fourteen) working days. Delivery of the Goods Order shall be carried out within the terms determined by the carrier (courier, postal organization, etc.). The Seller is not responsible for compliance with delivery terms by the carrier (courier, postal organization, etc.).

5.3. The Seller makes every effort to comply with the delivery terms stated on the Site, however, delivery delays are possible due to unforeseen circumstances beyond the Seller's control (force majeure circumstances). The Seller informs the Buyer in the event of force majeure and agrees on new terms of delivery by e-mail or by means of telephone communication.

5.4. The moment of receipt of the Goods by the Buyer is when he/she signs a document that confirms the fact of acceptance of the ordered Goods (acceptance and transfer certificate, declaration for forwarding or any other document that can confirm the fact of transferring the Goods) or the actual receipt of the Goods by the Buyer and the execution by him/her actions indicating acceptance of the Goods. In order to issue the Goods to the Buyer, the latter must present an identity document (passport, etc.) upon receipt of the Goods.

5.5. When receiving the Goods, the Buyer undertakes to check the Goods for damage, as well as the presence of a set of necessary documents (sales receipt, acceptance and transfer certificate, etc.) and in case of inconsistencies on the spot, submit claims to the delivery service. Claims of the Buyer regarding visible defects of the Goods, its completeness and quality are not accepted after receipt/acceptance of the Goods by the Buyer.

5.6. In the event that at the request of the Buyer, the Goods are transferred to a third party, then the moment of the Goods receipt by the Buyer is the moment when the third party signs the document confirming the fact of acceptance of the ordered Goods (acceptance and transfer certificate, declaration for forwarding or any other document that can confirm the fact of delivery of the Goods).

5.7. The Seller may limit the possibility of using some of the methods of transferring the Goods when making the Order. 


6. Warranty Conditions

6.1. The warranty terms in accordance with the State Standards of Ukraine begin to appear from the moment of delivery of Goods and are the following:

6.1.1. for model shoes - 30 calendar days;

6.1.2. for everyday shoes made of leather, textiles - 30 calendar days;

6.1.3. for everyday shoes made of synthetic and artificial leather, as well as with a combined upper part:

6.1.4. for other goods:

 

6.2. The warranty period for shoes is calculated from the day the order is issued or from the beginning of the season, if the order is received in a non-seasonal time:

6.3. The warranty period established in Clause 6.1 of these Rules applies to the main product and does not apply to component products (including, but not limited to, replacement (auxiliary) parts). Replacement (auxiliary) parts of manufactured shoes and/or leather products include, but are not limited to, taps, laces, zippers, any accessories, etc.

6.4. The Seller does not bear warranty obligations regarding the Goods in the following cases:

6.4.1. violation of the rules and conditions of the Goods use;

6.4.2. if the defect is caused by force majeure, accidents, intentional or careless actions of the Customer and/or third parties;

6.4.3. if mechanical damage occurred after the Goods were handed over to the Buyer; damage caused by the action of moisture, snow, salt, other substances, high or low temperatures, oxidation, penetration of foreign objects;

6.4.4. if the defect arose as a result of natural wear due to long-term use of the Goods, which caused the deterioration of the technical condition and appearance;

6.4.5. if the Product has traces of unqualified repair attempts.

 

7. Return of Goods

7.1. In the event that the Goods do not meet the Buyer's expectations, he/she has the right to return the purchased Goods of proper quality within 14 (fourteen) calendar days from the day of receipt, subject to compliance with the conditions stipulated by the Law of Ukraine About the Protection of Consumer Rights.

7.2. METHODS OF RETURN AND EXCHANGE


8. Privacy and personal data


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