Public Offer Agreement

Under this Agreement, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement – the Buyer, on the other hand (hereinafter jointly referred to as the Parties), have entered into this Public Offer Agreement (hereinafter – the Agreement). The Agreement is addressed to an unlimited number of persons and constitutes the Seller’s official public offer to enter into a contract of sale with Buyers for the Goods whose photographs are posted in the relevant section of the Website https://kohana.ua.

By purchasing Goods whose images are posted on the relevant pages of the Website https://kohana.ua, Buyers accept the terms of this Agreement as set out below.

GENERAL PROVISIONS

1.1. Contractual relations between the Seller and the Buyer are formalised in the form of a Public Offer Agreement. Clicking the “CONFIRM ORDER” button in the relevant section of the Website https://kohana.ua means that the Buyer, regardless of status (individual, legal entity, or individual entrepreneur), in accordance with applicable international and Ukrainian legislation, has accepted for performance the terms of the Public Offer Agreement set out below.

1.2. This Public Offer Agreement is public, meaning that, in accordance with Articles 633 and 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, or individual entrepreneur). By fully agreeing to this Agreement, the Buyer accepts the terms and procedure for placing an order, payment and delivery of the goods by the Seller, as well as liability for a bad-faith Order and for failure to comply with the terms of this Agreement.

1.3. This Agreement enters into force from the moment the “CONFIRM ORDER” button is clicked, whereby the Buyer agrees to purchase Goods available from the Seller, and remains in force until the Buyer receives the Goods from the Seller and makes full settlement with the Seller.

1.4. To govern the contractual legal relations under the Agreement, the Parties choose and, where necessary, apply Ukrainian legislation. If an international treaty, the binding nature of which has been approved by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, the rules of the international treaty shall apply.

TERMS AND DEFINITIONS

“Public Offer Agreement” – a public agreement, the template of which is posted on the Website https://kohana.ua and the application of which is mandatory, containing the Seller’s offer to purchase the Goods whose images are posted on the Website https://kohana.ua, addressed to an indefinite number of persons, including Buyers.

“Acceptance” – the Buyer’s acceptance of the Seller’s offer to purchase the Goods whose images are posted on the Website https://kohana.ua, by adding them to the virtual cart and submitting an Order.

“Goods” – an item of trade (product, accessory, components and related items, any other items of trade) for the purchase of which the Seller’s offer is posted on the Website https://kohana.ua.

“Buyer” – any legally capable individual, legal entity, or individual entrepreneur, in accordance with applicable Ukrainian legislation, who has visited the Website https://kohana.ua and intends to purchase particular Goods.

“Seller” – an individual entrepreneur, in accordance with applicable international and Ukrainian legislation, who is the owner and distributor of the Goods and intends to sell them through the Website https://kohana.ua.

“Order” – a duly completed request by the Buyer to purchase Goods, placed on the Website https://kohana.ua and addressed to the Seller.

“Legislation” – the rules established by Ukrainian or international legislation governing the contractual legal relations under the Agreement.

“Material defect of the Goods” – a defect that makes it impossible or unacceptable to use the Goods for their intended purpose, arose through the fault of the manufacturer (Seller), and reappears after being eliminated for reasons beyond the consumer’s control.

SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes, on the terms and in the manner set out in this Agreement, to sell the Goods on the basis of an Order placed by the Buyer on the relevant page of the Website https://kohana.ua, and the Buyer undertakes, on the terms and in the manner set out in this Agreement, to purchase the Goods and pay for them.

3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and are free from any third-party rights.

3.3. The Seller and the Buyer confirm that this Agreement is not a fictitious or sham transaction, nor a transaction concluded under duress or deception.

3.4. The Seller confirms that it holds all permits required to carry out business activities governing the legal relations that arise and operate in the course of performing this Agreement, guarantees that it has the right to manufacture and/or sell the goods without any restrictions in accordance with the requirements of current Ukrainian legislation, and undertakes to bear liability in the event of a violation of the Buyer’s rights in the course of performing this Agreement and selling the Goods.

RIGHTS AND OBLIGATIONS OF THE SELLER

4.1. The Seller shall:

comply with the terms of this Agreement;
fulfil the Buyer’s order upon receipt of payment from the Buyer;
deliver the Goods to the Buyer in accordance with the sample selected on the relevant page of the Website https://kohana.ua, the placed Order and the terms of this Agreement;
check the quality and quantity of the Goods when packing them at the warehouse;
notify the Buyer, by means of this Agreement, of a possible additional fee when paying for European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic or Maestro cards.

4.2. The Seller has the right to:

unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement.

4.3. Seller:

Individual Entrepreneur (FOP) Martynenko Yu.V.
3 Sichnevoho Proryvu St., Bila Tserkva, 09100, Ukraine
EDRPOU code: 3527001384
Bank details:
PJSC Commercial Bank “PrivatBank”
Current account: 26007053043444
MFO (bank code): 305299

RIGHTS AND OBLIGATIONS OF THE BUYER

5.1. The Buyer shall:

pay for and receive the order in a timely manner on the terms of this Agreement;
review the information about the Goods posted on the Website https://kohana.ua;
upon receiving the Goods from the person who delivered them, make sure the Goods are intact and complete by inspecting the contents of the package. If any damage or incompleteness is found, record it in a report, which must be signed by the Buyer together with the person who delivered the Goods to the Buyer;
provide accurate, complete and up-to-date information when placing an Order. The Buyer bears full responsibility for the accuracy of the contact and payment details provided. If inaccurate or fraudulent information is detected, the Seller has the right to cancel the Order without refunding the advance payment.

5.2. The Buyer has the right to:

place an order on the relevant page of the Website https://kohana.ua;
require the Seller to comply with the terms of this Agreement;
be informed of a possible additional fee when paying for European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic or Maestro cards.

ORDER PROCEDURE

6.1. The Buyer places an Order independently on the relevant page of the Website https://kohana.ua by adding Goods to the virtual cart using the “ADD TO CART” button, or by placing an order by e-mail or by the phone number listed in the contacts section of the Website https://kohana.ua.

6.2. The Order is prepared within up to 4 business days from the moment it is placed. If the Order is submitted on a weekend or public holiday, the preparation period starts on the first business day after it.

6.3. After placing an order, the Buyer receives an electronic confirmation by e-mail.

CONTRACT PRICE AND PAYMENT PROCEDURE

7.1. The price of each individual item of Goods is set by the Seller and indicated on the relevant page of the Website https://kohana.ua. The Contract price is determined by adding up the prices of all selected Goods placed in the virtual cart and the delivery price, which depends on the delivery method in accordance with Section 8 of this Agreement.

7.2. The cost of the Order may change depending on the price, quantity or range of the goods.

7.3. The Buyer may pay for the Order by the following methods:

1) by bank transfer to the Seller’s current account indicated in the invoice, including via online banking (the Buyer pays for the Order within three days from the date of receipt of the invoice, as a 100% prepayment);

2) cash on delivery when receiving the Order at a delivery service branch in Ukraine or in another country, depending on where the Goods are ordered. When paying cash on delivery, the Buyer pays an advance of UAH 200, regardless of the Order amount. The UAH 200 advance compensates the Seller’s logistics and packaging costs and is non-refundable if the Buyer refuses to collect the goods from the delivery service;

3) by credit card of the following types:

Visa
Visa Electron
Mastercard
Mastercard Electronic
Maestro

4) by any other method agreed with the Seller.

Note. When the Buyer pays for an order with a payment card, the card issuer may charge an additional fee; in particular, an additional fee may be charged by the issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic and Maestro cards when the Buyer pays for European orders. Clicking the “CONFIRM ORDER” button in the relevant section of the Website https://kohana.ua means that the Seller has informed the Buyer of the possibility of an additional fee being charged by the Visa, Mastercard, Visa Electron, Mastercard Electronic or Maestro card issuer when the Buyer pays for European orders.

TERMS OF USE OF GIFT CERTIFICATES

9.1. A gift certificate entitles its holder to receive goods in our store for an amount equivalent to the face value of the certificate. The certificate is not a means of payment or a cash deposit.

9.2. A gift certificate cannot be exchanged for cash, partially or fully refunded, or cancelled after purchase.

9.3. Each certificate has a limited validity period of 1 calendar year from the date of payment. After the validity period expires, the certificate becomes invalid and the money paid for it is not refunded.

9.4. The certificate can be used only once, regardless of the purchase amount. If the purchase price is lower than the face value of the certificate, the remaining balance is not compensated.

9.5. The certificate may be used only to purchase goods or services available on our website, in accordance with the current terms.

9.6. If a certificate is lost, stolen or damaged, it cannot be restored. The certificate holder has no right to demand its restoration or a refund.

RETURN POLICY

10.1. In accordance with Resolution of the Cabinet of Ministers of Ukraine No. 172 of 19 March 1994, underwear is not subject to exchange or return.

10.2. The Buyer undertakes to inspect the Goods for defects upon receipt at the delivery service branch. If defects are found, the consumer has the right to refuse to collect the parcel from the delivery service and is entitled to a replacement with the same or a similar item from among those available from the Seller.

10.3. If at least one of the defects listed above is present, the Buyer must record it in a report drawn up in free form. The report must be signed by the Buyer and by the person who delivered the Goods, or by the Seller. Where possible, the defects should be recorded by photo or video. Within 1 (one) day, the Buyer must notify the manager (the Seller’s representative responsible for processing the order for the Goods) of the defects found and agree on a replacement of the Goods.

10.4. The Parties have agreed that if the mandatory requirements of the above procedure are not complied with, the Buyer shall be deemed to have received the Goods in proper condition – without any mechanical damage and complete.

LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION

11.1. The Parties are liable for non-performance or improper performance of the terms of this Agreement in the manner provided for by this Agreement and by applicable international and Ukrainian legislation.

11.2. In the event of disputes related to the Parties’ performance of this Agreement, except for disputes concerning the recovery of debt from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The period for considering a claim is 30 (thirty) calendar days from the date of its receipt. Compliance with the claims procedure is not required for disputes concerning the recovery of debt from the Buyer.

11.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its performance, breach, termination or invalidity, shall be resolved in the competent court in accordance with international and Ukrainian substantive and procedural law.

FORCE MAJEURE

12.1. The Parties shall not be liable for failure to perform any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, i.e. events or circumstances that are truly beyond the control of that Party, occurred after the conclusion of this Agreement, and are unforeseeable and unavoidable.

Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (whether declared or undeclared), riots, loss of goods, carrier delays caused by accidents or adverse weather conditions, perils and accidents at sea, embargoes, catastrophes, and restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances have directly affected the performance of this Agreement.

12.2. A Party for which performance of its obligations under this Agreement has become impossible due to force majeure must immediately inform the other Party in writing of the occurrence of the above circumstances and, within 30 (thirty) calendar days, provide the other Party with confirmation of the force majeure circumstances. Such confirmation shall be a statement, certificate or other relevant document issued by an authorised government body located at the place where the force majeure circumstances occurred.

12.3. The time required by the Parties to perform their obligations under this Agreement shall be extended by any period during which performance was delayed due to the listed circumstances.

12.4. If, due to force majeure, non-performance of obligations under this Agreement continues for more than three months, either Party has the right to terminate this Agreement unilaterally by notifying the other Party in writing. Notwithstanding the occurrence of force majeure, before this Agreement is terminated due to force majeure, the Parties shall make final mutual settlements.

OTHER TERMS OF THE AGREEMENT

13.1. Information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling the Buyer’s Order (sending the Seller a notification of the order for the Goods, sending promotional messages, etc.).

13.2. By accepting the Agreement or registering on the Website https://kohana.ua (completing the registration form), the Buyer voluntarily consents to the collection and processing of their personal data for the following purposes: the data obtained will be used for commercial purposes, including processing orders for goods, obtaining information about orders, and sending, by telecommunication means (e-mail, mobile communication), advertising and special offers, information about promotions, prize draws or any other information about the activities of the Website https://kohana.ua.

For the purposes set out in this clause, letters, notifications and materials may be sent to the Buyer’s postal address and e-mail, and SMS messages may be sent and calls made to the phone number provided in the form.

13.3. The Buyer authorises the processing of their personal data, including: entering personal data into databases (without additional notice), storing the data indefinitely, accumulating, updating and modifying it (as necessary). The Seller undertakes to protect the data against unauthorised access by third parties and not to disclose or transfer the data to any third party (except for transfer to affiliated persons, commercial partners, persons authorised by the Seller to directly process the data for the stated purposes, and upon a mandatory request from a competent government authority).

13.4. If the Buyer does not wish to receive mailings, the Buyer has the right to contact the Seller with a written request to opt out of receiving promotional materials, sent to the Seller’s postal or e-mail address.

13.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information provided when placing an order.

Public Offer Agreement