Public Offer Agreement

Version dated 28.04.2025

1. DEFINITIONS

  • Contract – this public retail sale contract stipulates the terms and conditions of selling Goods remotely to an unlimited number of Buyers through means of remote communication (the Internet) via the Kate Bond Sportswear online store, available at https://katebondsportswear.com/ (hereinafter referred to as the “KBS Online Store” or the “Website”). An integral part of this Contract also includes information provided on the Website in the form of links or separate pages, particularly concerning pricing, delivery terms, return policies, obligations of the Parties, etc., which directly relate to the conclusion, execution, or termination of this Contract.
  • Goods – non-food consumer products (clothing, footwear, accessories, etc.) offered for remote sale via means of remote communication (the Internet) on the KBS Online Store under the terms and conditions of this Contract.
  • Seller – Individual Entrepreneur Kateryna Oleksandrivna Bondarenko, a business entity registered under the legislation of Ukraine, offering Goods for sale as displayed on the KBS Online Store. The Seller’s address, contact information, and working hours are specified in the “Contacts” section.
  • Buyer – any legally capable individual who, in the manner prescribed by this Contract and through their own free will, fully accepts (agrees to) all the terms and conditions of this Contract without exceptions.
  • Business Days – weekdays from Monday to Friday inclusive.
  • Carrier Company – a third party that undertakes the transportation of Goods, receiving such Goods from the Seller and delivering them by means of shipment to the delivery point chosen by the Buyer.
  • Exchange of Goods – the return of Goods of proper quality to the Seller.
  • Replacement of Goods – the return of Goods of improper quality to the Seller.
  • Order – the online form completed by the Buyer on the Seller’s Website and submitted by clicking the “Place Order” button, and paid in accordance with the terms of this Contract.
  • Defect of Goods (non-conformity, improper quality) – a defect that makes it impossible or unacceptable to use the goods as intended, which arose due to the Seller’s fault and meets at least one of the following criteria:
  • it cannot be eliminated at all;
  • it makes the goods significantly different from what is stipulated in the Contract.
  1. All other terms not specifically defined in this Contract shall be interpreted and understood in their literal grammatical meaning based on business practices, as well as the purpose and subject matter of this Contract.

2. GENERAL PROVISIONS

    1. Individual Entrepreneur Kateryna Oleksandrivna Bondarenko (Taxpayer Identification Number 3470507481, date and number of the entry regarding state registration in the Unified State Register: registration date – August 5, 2024; entry number – 2010350000000613348), hereinafter referred to as the “Seller”, undertakes to sell goods to any natural or legal person, hereinafter referred to as the “Buyer” (jointly referred to as the “Parties”, and each individually as a “Party”). The Parties agree to enter into this Public Retail Sale Contract (hereinafter referred to as the “Contract”) under the terms and conditions set forth below.
    2. This Contract shall be deemed concluded at the moment of performing conclusive actions, namely, upon the Buyer placing an Order via the Seller’s Website where this Contract is published and upon the Seller’s confirmation of the possibility to transfer the Goods into the Buyer’s ownership as provided in Section 4 of this Contract. From the moment the Order is properly placed in accordance with the Contract, the Parties acquire mutual rights and obligations.
    3. The terms of this Contract are identical for all Buyers regardless of their status. This Contract provides for retail sale of goods exclusively for personal, household, or other non-commercial use. If a person intends to purchase goods for use in business or any other activity unrelated to personal or household purposes, they are obliged to contact the Seller with a proposal to enter into a separate supply agreement under individual terms.
    4. By placing an order on the Website, the Buyer confirms that they have fully read, understood, and agreed to all terms and conditions of this Contract. If the Buyer disagrees with the terms of the Contract, either partially or fully, they must refrain from performing any actions that, according to this Contract, are deemed to constitute acceptance of its terms.

3. SUBJECT MATTER OF THE CONTRACT

    1. Under the procedure and on the terms defined by this Contract, the Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer agrees to pay for and accept the respective Goods. The Goods shall be transferred by the Seller in the quantity specified by the Buyer in the Order and in the completeness as indicated on the Website. The Buyer fully understands the characteristics and properties of the Goods, their relevance, and agrees to acquire such Goods into ownership.
    2. The range of Goods listed on the Website may be changed by the Seller unilaterally without any prior notice or consent from the Buyer.
    3. The terms of this Contract may be amended at any time by the Seller without prior agreement or notice to the Buyer. The new version of the Contract shall be published by the Seller on the Website and shall become effective from the moment of its publication. Orders are subject to the provisions of the version of the Contract that was in effect at the time of its conclusion (i.e., at the time the Order was placed in accordance with the terms of the Contract).

4. SELECTION OF GOODS AND PROCEDURE FOR CONCLUDING THE CONTRACT

    1. The Buyer independently and at their own discretion selects Goods available and offered for sale in the KBS Online Store, clicks the “Add to Cart” button, and independently completes and submits the “Checkout” form to the Seller, in which the following information must be provided:
  • last name and first name;
  • country, region, city, street, building number for delivery;
  • contact phone number;
  • email address;
  • special delivery instructions;
  • selected payment method (exclusively via the WayForPay online payment system).
  1. After completing the “Checkout” form, the Buyer must review all the terms and conditions of this Contract and, upon full acceptance thereof, clicks the “Place Order” button, which is deemed to constitute submission of the respective Order for the selected Goods by the Buyer.
  2. This Contract is considered concluded, and the Seller’s offer to enter into this Contract is deemed fully accepted by the Buyer at the moment of payment for the Goods via the WayForPay online payment system (hereinafter – “Payment”).
  3. By making the Payment, the Buyer confirms their full and unconditional acceptance of all terms and conditions of this Contract, including those relating to the delivery and payment for Goods at the prices indicated in the KBS Online Store on the date the Contract is concluded by the Buyer.
  4. By making the Payment, the Buyer also confirms that they have fully and properly received all necessary, available, accurate, and timely information about the selected Goods, which has enabled them to make an informed and competent purchase decision.
  5. The Payment shall be considered as unconditional and complete acceptance by the Buyer of all terms of this Contract without exception, and entry into corresponding contractual relations with the Seller.
  6. In the event the Contract cannot be fulfilled due to the unavailability of the ordered Goods, or in the case of a technical error in price formation or other order details, the Seller must immediately notify the Buyer, but no later than thirty days from the date the Buyer accepted the Contract. If the Buyer has already paid for the Goods, the Seller shall either refund the full amount paid or offer substitute Goods within fifteen business days from the date the issue was discovered.
  7. The Seller has the right to refuse to fulfill the Contract if it is not physically possible to deliver the Goods to the location specified by the Buyer, including where postal operators do not operate or where military actions are taking place. If the Buyer has already paid for the Goods, the Seller is obliged to refund the full amount within fifteen business days from the moment such a fact is discovered.
  8. The Seller reserves the right to unilaterally withdraw from this Contract at any time from the moment the offer to conclude it is made until the Goods are dispatched (any payment made by the Buyer for undelivered Goods shall be refunded). The Seller also reserves the right to unilaterally refuse to conclude a contract with specific Buyers. Such refusal may be justified by suspicious transactions, an abnormally high number of returns, or other circumstances deemed risky by the Seller.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

    1. The Buyer has the right to:
      1. Receive from the Seller all necessary information regarding the Goods, including their characteristics, price, and completeness.
      2. Demand that the Seller delivers the Goods in accordance with the Order and the terms of this Contract after proper acceptance and processing of the Order by the Seller and payment by the Buyer.
      3. Submit claims regarding the quality and/or completeness of the Goods in accordance with this Contract.
      4. Refuse or terminate this Contract under the procedures and in the cases specified herein.
      5. Return Goods with significant defects or request their replacement with identical or similar Goods available from the Seller, if such defects are discovered upon acceptance of the Goods from the Carrier Company or within 14 (fourteen) calendar days from the date of receipt.
      6. Exercise other rights directly or indirectly arising from the provisions of this Contract.
    2. The Buyer is obliged to:
      1. Provide the Seller with complete and accurate information as requested to fulfill this Contract.
      2. Fully pay the cost of the Goods, any applicable bank transfer fees, and the Carrier Company’s delivery charges in the manner and within the timeframes specified by this Contract and the Carrier’s tariffs.
      3. Fully pay the delivery cost in accordance with the Carrier Company’s tariffs, including in the event of a return due to the expiration of the Goods’ storage period at the postal office or other designated pickup location.
      4. Carefully read the content and terms of this Contract, the prices of the Goods, and the payment and delivery procedures before concluding the Contract.
      5. Accept or ensure acceptance of the Goods from the Carrier Company in accordance with this Contract.
      6. Check the quantity, integrity, and other characteristics of the Goods upon receipt from the Carrier Company. If the Buyer accepts the Goods without objections or fails to carry out such verification, the Goods shall be deemed delivered in accordance with the Contract, in the proper quantity, quality, and completeness.
      7. Fulfill other obligations directly or indirectly provided by this Contract.
    3. The Seller has the right to:
      1. Require the Buyer to properly fulfill obligations that directly or indirectly arise from this Contract.
      2. Refuse to deliver the Goods and terminate this Contract unilaterally in the event of:
  • unavailability of the Goods selected by the Buyer on the Website;
  • the Buyer’s failure to provide requested information;
  • the Buyer’s failure to pay for the Goods or delivery.
  1. At any time and at its sole discretion, review and change prices, product assortment, completeness, make changes to the Website, and adjust delivery and payment terms.
  2. Conduct sales and post promotional offers on the Website, including temporary discounts.
  3. Independently withhold and collect from the Buyer the incurred delivery costs in the event that:
  • the Buyer failed to pay for delivery when returning the Goods; in this case, the Seller may also withhold the expenses incurred in fulfilling the Order;
  • the Buyer violated the obligation to accept the Goods from the Carrier Company, resulting in the Goods being automatically returned by the Carrier.
  1. Engage third parties to fulfill this Contract or specific provisions thereof. In such cases, the Seller bears full responsibility for the actions, decisions, or omissions of such parties.
  2. Exercise other rights directly or indirectly arising from this Contract.
  1. The Seller is obliged to:
    1. Deliver Goods of proper quality, quantity, assortment, and completeness to the Carrier Company no later than 10 (ten) business days from the moment the Order is confirmed for execution by the Seller.
    2. Cover the delivery cost according to the Carrier Company’s tariffs if the Buyer returns Goods due to significant defects, or due to incorrect completeness or quantity.
    3. Replace Goods that have significant defects in accordance with this Contract.

6. PROCEDURE FOR PAYMENT OF GOODS

    1. From the moment the Buyer enters into this Contract (acceptance of the Seller’s offer) and until its execution, the Seller is not entitled to change or revise the price of the Goods ordered by the Buyer, except in cases where the price of the Goods on the KBS Online Store was clearly erroneous or a technical failure occurred. In the event of such a technical error, the Seller has the right to correct it and offer the Buyer the option to purchase the Goods at the updated price.
    2. By completing the form and clicking the “Place Order” button, the Buyer selects the payment method for the Goods via the WayForPay online payment system, which automatically redirects the Buyer to the payment page. From the moment the payment is made through the WayForPay payment page and the full amount is credited to the Seller’s bank account, the Buyer is deemed to have paid for the Goods as per the Order.
    3. Upon successful payment for the Goods via WayForPay, the Buyer receives a generated electronic receipt for the ordered Goods.
    4. All payments under this Contract are made in the currency selected by the Buyer when completing the “Place Order” form. The available currencies include:
  • Ukrainian Hryvnia (UAH);
  • United States Dollar (USD);
  • British Pound Sterling (GBP);
  • Chinese Yuan (CNY);
  • United Arab Emirates Dirham (AED).
  1. By accepting this Contract, the Buyer agrees to bear all expenses related to money transfers charged by their bank, as well as any commission fees charged for the delivery services to a Carrier Company office or to the Buyer’s address in accordance with the tariffs, procedures, and conditions defined by the respective Carrier Company chosen by the Buyer.
  2. The cost of delivery shall be paid by the Buyer independently, according to the Carrier Company’s tariffs.
  3. The total cost of the Order is determined by summing the prices of all Goods selected by the Buyer and available from the Seller. Applicable discounts (if any) may be applied to the Order value.
  4. The price of the Goods selected by the Buyer is valid at the time the Order is placed and the Contract is concluded.

7. DELIVERY OF GOODS

    1. The Seller undertakes to transfer the Goods to the Carrier Company for delivery to the Buyer no later than 10 (ten) business days from the date the Buyer enters into this Contract (accepts the Seller’s offer).
    2. The delivery timeframes are determined by the Carrier Company. The Seller shall not be held responsible for the delivery times established by the Carrier Company.
    3. The Goods shall be delivered in the manner and to the location specified by the Buyer in the respective Order. The Seller is deemed to have fulfilled its obligations under this Contract regarding the transfer of Goods to the Buyer from the moment the Goods are handed over to the Carrier Company agreed upon by the Parties, as evidenced by the consignment note issued by the Carrier Company.
    4. The Buyer fully and unconditionally agrees to the cargo transportation rules of the selected Carrier Company. The terms of such rules can be found on the respective websites of the Carrier Companies.
    5. The delivery and handover of the ordered Goods are governed by the rules of the respective Carrier Companies. The Carrier Company is responsible for the quality of service provided to the Buyer at the time of delivery of the Goods.
    6. The ordered Goods shall be handed over to the Buyer only upon full (100%) payment of the total value of such Goods in accordance with the procedure and conditions set forth in this Contract.

8. CONDITIONS OF GOODS ACCEPTANCE

    1. The Buyer’s acceptance of the Goods constitutes an unconditional confirmation of the following facts:
  • receipt of the ordered Goods by the Buyer;
  • conformity of the received Goods with the Order placed by the Buyer;
  • absence of any claims from the Buyer regarding the quality and completeness of the ordered Goods at the time of acceptance.
  1. The risk of accidental destruction, loss, or damage of the ordered Goods passes to the Buyer at the moment the Goods are handed over (delivered) to the Buyer. The Goods shall be deemed accepted by the Buyer if the fact of transfer is confirmed by information provided by the Carrier Company. Taking this into account, in the event that the Buyer claims they did not actually receive the Goods, any claims regarding loss must be addressed by the Buyer directly to the Carrier Company responsible for the delivery.
  2. This Contract shall be deemed fulfilled at the moment the ordered Goods, complete and of proper quality and fully corresponding to the Order placed by the Buyer, are delivered (handed over) to the Buyer.

9. QUALITY OF GOODS

    1. The Seller undertakes to deliver to the Buyer the Goods ordered by the Buyer that are of proper quality and suitable for use for their intended purpose.
    2. The quality of the Goods must comply with the requirements established for such category of Goods by the relevant legal and regulatory acts and standards.
    3. If the Buyer discovers any defects in the purchased Goods within 30 (thirty) calendar days from the date of receipt, the Buyer has the right to, at their discretion, demand from the Seller either the replacement of the defective Goods or a refund in accordance with Section 11. The Seller reserves the right to refund the paid amount for the Goods and refuse to replace the Goods.
    4. If, within 14 (fourteen) calendar days from the date of receipt, the Buyer decides they do not need the Goods, they have the right to return Goods of proper quality and receive a refund for the paid amount or exchange the Goods for other Goods offered by the Seller, in accordance with Section 10. The Seller reserves the right to refund the paid amount for the Goods and refuse the exchange.
    5. The return of Goods in accordance with Sections 10–11 shall be made by the Buyer to the address provided by the Seller in the response to the Buyer’s request, which is submitted in accordance with Sections 10–11.

10. PROCEDURE FOR RETURNING GOODS OF PROPER QUALITY

    1. The Buyer has the right to exchange the ordered Goods of proper quality for another similar Product from the Seller within 14 (fourteen) calendar days from the date of receipt of the ordered Goods (excluding the day of receipt), if the received Goods do not satisfy the Buyer in terms of form, dimensions, style, color, size, or for other reasons.
    2. The exchange of Goods of proper quality is conducted if they have not been used and if their commercial appearance, consumer properties, seals, packaging, and labels/tags are preserved. If the Seller finds upon the return of the Goods that the Goods have not retained their commercial appearance, have been worn by the Buyer, or are missing seals, packaging, labels/tags, the Seller reserves the right to refuse the Buyer a refund for such Goods and/or an exchange of the Goods.
    3. The exchange of Goods of proper quality is carried out by the Seller based on a Request from the Buyer, which must be sent to the email address specified in the “Contacts” section within 14 (fourteen) calendar days from the date of receipt of the ordered Goods of proper quality (excluding the day of receipt). Such Request can be submitted in any form and must include:
  • Information about the reason for returning the Goods;
  • The Buyer’s first and last name;
  • Order number;
  • Name of the Goods being returned;
  • A copy of the established form of payment document (receipt, sales or cash register check, including documents received from WayForPay) confirming the sale of the Goods to the Buyer;
  • Information about what further actions the Buyer would like to take: exchange the Goods for another Product from the Seller or receive a refund for the Goods.
  1. The absence of a Request submitted in accordance with paragraph 10.3 and/or the absence of the Buyer returning the Goods gives the Seller the right to refuse the Buyer a refund for such Goods and/or an exchange of the Goods.
  2. The Buyer’s requests for the exchange of Goods of proper quality, provided that the Seller has the necessary Goods for the exchange, shall be satisfied by the Seller, but in any case no later than 10 (ten) working days from the moment of receiving the returned Goods from the Buyer and the Request specified in this Section. The Seller reserves the right to refuse the exchange of Goods and has the right to refund the Buyer for the Goods instead of exchanging the Goods in accordance with the provisions of this Agreement.
  3. Within 15 (fifteen) working days from the moment of satisfying the Buyer’s Request in accordance with paragraph 10.5, the Seller will exchange the Goods for the agreed Product by transferring such Goods to the Carrier Company or will refund the Buyer. The Parties may agree on another timeframe for the exchange of Goods by the Seller.
  4. The exchange of Goods of proper quality is carried out by the Seller upon the Buyer’s provision of the corresponding established form of payment document (receipt, sales or cash register check, or electronic document issued by WayForPay after payment for the Goods), confirming the sale of the Goods to the Buyer, with a mark on the date of sale of the Goods.
  5. If at the time of the Buyer’s request to the Seller for the exchange of Goods of proper quality for another similar Product, the necessary Goods for the exchange are not available for sale in the KBS online store or due to the Seller’s refusal to exchange the Goods, the Buyer has the right to:
  • receive a refund for the Goods; or
  • exchange the received Goods for another similar Product upon its first availability for sale in the KBS online store.
  1. In the event that the Goods provided by the Buyer for return do not meet one of the listed requirements for returnability, including but not limited to:
  • Absence of identifying marks, tags, labels, or markings regarding the belonging of the Goods to those sold by the Seller;
  • The Goods have marks, signs, logos of other brands or manufacturers not sold by the Seller;
  • The Goods were not purchased from the Seller (no confirmation of purchase from the Seller provided);
  • The Goods were not provided in full according to the sales receipt (part of the Goods was lost, for example);
  • The Goods show signs of damage or use by the Buyer.

In such cases, the Buyer may be refused acceptance of the Goods for return, and the Buyer loses the right to exchange the Goods or receive a refund for the Goods.

11. PROCEDURE FOR RETURNING GOODS OF IMPROPER QUALITY

    1. The Buyer is entitled, within 30 (thirty) calendar days from the date of receipt of the ordered Goods of inadequate quality (excluding the day of receipt), to replace such Goods with other similar Goods from the Seller, provided that the received Goods are of inadequate quality and do not conform to the Order.
    2. Replacement of Goods of inadequate quality shall be carried out provided that the Goods have not been used and their commercial appearance, consumer properties, seals, packaging, and tags/labels are preserved. If, upon return, the Seller establishes that the Goods have not retained their commercial appearance, have been worn by the Buyer, or are missing seals, packaging, or tags/labels, the Seller reserves the right to refuse the Buyer a refund and/or replacement of the Goods.
    3. The replacement of Goods of inadequate quality shall be carried out by the Seller based on a Statement from the Buyer, which must be sent to the Seller’s email address specified in the “Contacts” section within 30 (thirty) calendar days from the date of receipt of the ordered Goods of inadequate quality (excluding the day of receipt). Such Statement may be submitted in free form and must contain the following information:
  • reason for the return of the Goods;
  • full name of the Buyer;
  • order number;
  • name of the Goods being returned;
  • photo or video evidence confirming the defective condition of the Goods and a description of the identified defects;
  • a copy of the receipt or other payment document of the established form (including those issued by WayForPay), confirming the sale of the Goods to the Buyer;
  • information on the desired further action by the Buyer: replacement of the Goods with other Goods of proper quality or a refund for the Goods.
  1. Failure to submit a Statement in accordance with clause 11.3 and/or failure to return the Goods by the Buyer entitles the Seller to refuse the Buyer a refund and/or replacement of the Goods
  2. The Buyer’s request to replace Goods of inadequate quality, provided the Seller has the required Goods available for replacement, shall be satisfied by the Seller upon confirmation by the Buyer of the inadequacy of the Goods, but in any case no later than 10 (ten) business days from the moment the Seller receives both the returned Goods and the Statement specified in this Section. The Seller reserves the right to refuse the replacement of the Goods and instead refund the amount paid by the Buyer, in accordance with the provisions of this Agreement.
  3. Within 15 (fifteen) business days from the date of approval of the Statement under clause 11.5, the Seller shall either replace the Goods with a product agreed upon by the Parties by transferring such Goods to the carrier company, or issue a refund to the Buyer. The Parties may agree on a different term for the replacement of the Goods by the Seller.
  4. The replacement of Goods of inadequate quality shall be performed by the Seller provided the Buyer has the relevant payment document of the established form (a receipt, sales or cashier’s check, or electronic document issued by WayForPay upon payment), confirming the sale of the Goods to the Buyer, with an indication of the date of sale.
  5. If, at the time the Buyer contacts the Seller with a request to replace the Goods of inadequate quality with another similar product, the required Goods are not available in the KBS online store or the Seller refuses to perform the replacement, the Buyer has the right to:
  • either receive a refund for the Goods;
  • or have the Goods replaced with another similar item upon its next availability in the KBS online store.
  1. If the Goods provided by the Buyer for replacement fail to meet any of the listed return eligibility criteria, including but not limited to:
  • missing identification marks, tags, or labels indicating the Goods belong to those sold by the Seller;
  • the Goods bear marks, logos, or branding of other manufacturers not sold by the Seller;
  • the Goods were not purchased from the Seller (no confirmation of purchase provided);
  • the Goods are incomplete according to the sales receipt (e.g., part of the set is missing);
  • the Goods show signs of damage or use by the Buyer,

then the Seller may refuse to accept the Goods for replacement, and the Buyer forfeits the right to a replacement or a refund for such Goods.

12. PROCEDURE FOR REFUNDING THE COST OF GOODS AND BUYER’S EXPENSES

    1. In the case of returning Goods of proper quality, all return shipping costs to the Carrier Company shall be borne by the Buyer. Should the Buyer fail to cover such return shipping costs, the Seller reserves the right to refuse the exchange of the Goods for another item. If the Buyer chooses a refund as the method of settlement, the Seller has the right to deduct the cost of return shipping from the total refund amount due to the Buyer.
    2. In the case of returning Goods of inadequate quality, all return shipping costs to the Carrier Company shall be borne by the Seller, provided the Buyer substantiates that the Goods are of inadequate quality.
    3. The refund procedure shall be initiated by the Seller within 15 (fifteen) business days from the date the returned Goods and the Statement are received from the Buyer.
    4. The Seller shall be deemed to have fulfilled its refund obligation from the date the refund process is initiated with the bank for the transfer of funds to the Buyer. The Seller is not liable for the time required for the funds to be credited to the Buyer’s account, as the Seller has no control over the banking institution’s internal processing times.
    5. If the Buyer requests that the refund be transferred to a bank account opened with a non-resident banking institution (outside of Ukraine), the term for refunding the amount to the Buyer’s account may be extended by the respective banking institution. In such cases, the Seller bears no responsibility for the time required to credit the funds to the Buyer’s bank account.

13.LIABILITY OF THE PARTIES

    1. The Seller shall not be held liable for failure to perform or for improper performance of its obligations under this Agreement if such failure or improper performance was caused by the Buyer’s breach of the terms of this Agreement. A breach of the Agreement by the Buyer may include, but is not limited to, the following actions (acts or omissions):
  • providing incomplete, inaccurate, or false information necessary for the conclusion of the Agreement;
  • failure to provide the information required for the conclusion of the Agreement.
  1. The Seller shall not be liable for delivery timeframes of the Goods to the Buyer, provided the Seller has duly fulfilled its obligations under the Agreement. The delivery timeframes are the sole responsibility of the Carrier Company.
  2. The Seller shall not be liable for minor discrepancies in color shades or shapes of the Goods as shown in product photos on the Website compared to the actual Goods, if such discrepancies are due to variations in color reproduction by monitors of personal computers, mobile phones, or other device models.
  3. The Seller shall not be held liable for failure to perform or for improper performance of obligations under this Agreement, if such failure or improper performance is due to the lack of technical capacity to properly fulfill the terms of the Agreement, including but not limited to disruptions in computer network operations, lack of proper telephone communication, and similar circumstances.
  4. The Buyer shall be solely and fully responsible for the accuracy, completeness, and truthfulness of the information provided.
  5. All disputes and disagreements arising between the Buyer and the Seller regarding the exercise of their rights and the performance of their obligations under this Agreement shall be resolved through negotiations.


14. TERM OF THE AGREEMENT

    1. This Agreement enters into force upon its acceptance by the Buyer – namely, the placement of an order for the relevant Goods through the system available on the Website – and upon confirmation by the Seller of its ability to fulfill its obligations under the Agreement. The Agreement remains in effect until the full performance by both Parties of their respective obligations.
    2. The Parties’ obligations shall be deemed properly fulfilled at the moment the Buyer accepts the Goods from the Carrier Company.
    3. This Agreement may be terminated early:
  • by mutual consent of the Parties;
  • by the Seller, in the event of non-performance or improper performance by the Buyer of their obligations under this Agreement.
  1. Termination of the Agreement by the Buyer or withdrawal of the acceptance shall not impose on the Seller an obligation to refund any funds actually spent on fulfilling the respective Buyer’s order, except as provided for in Sections 10–12 of this Agreement.

15. PERSONAL DATA

    1. By completing the “Checkout” form, the Buyer provides their full, unconditional, and indefinite consent to the following:
  • inclusion by the Seller (the owner and controller of the personal data database) of the information provided by the Buyer into the personal data database titled “Buyers”;
  • disclosure by the Seller of the Buyer’s information, including information classified as personal data, to third parties, including couriers, delivery services, carrier companies, and other third parties, solely for the purpose of fulfilling the terms of this Agreement.
  1. By completing the “Checkout” form, the Buyer also provides their full, unconditional, and indefinite consent to the processing and use of their information by the Seller for the following purposes:
  • to identify the Buyer on the KBS online store;
  • for marketing purposes, including but not limited to: informing the Buyer via SMS, email, social media, and other means about KBS online store news, promotional offers, and sales conducted by the Seller; conducting market analysis of consumer demand for Goods; identifying potential customer segments; and determining the needs of potential customers for the Goods offered for sale;
  • to ensure the proper performance by the Seller of its contractual obligations to the Buyer, including obligations related to the delivery of Goods;
  • to comply with the applicable laws of the country of the Seller’s registration, including consumer protection laws.

16. FINAL PROVISIONS

    1. This Agreement is a public electronic contract (offer) for the retail sale of Goods remotely using means of distance communication (via the Internet) through the KBS online store.
    2. Acceptance of the offer to conclude this public Agreement is possible throughout the entire period during which retail sales of Goods are conducted remotely via the KBS online store.
    3. The Seller may revoke or amend the terms of the offer to conclude this public Agreement, as well as modify the terms of this public Agreement itself, at any time.
    4. Revocation or modification of the terms of the offer or the terms of this public Agreement shall not be grounds for:
  • any review, amendment, or termination of agreements that have already been concluded by the Seller with Buyers under the terms of this public Agreement.
  1. The terms of the offer to conclude this public Agreement, as well as the terms of this public Agreement, shall be the same for all Buyers.
  2. The conclusion of this public Agreement (i.e., the Buyer’s acceptance of the Seller’s offer) shall be deemed unconditional and complete acceptance by the Buyer of all the terms of this public Agreement without exceptions, including essential terms, and constitutes the establishment of corresponding contractual legal relations with the Seller.
  3. Documentary confirmation of the conclusion of this public Agreement is the corresponding settlement document in the prescribed electronic form (receipt, sales or cash register slip) with a mark indicating the payment date for the Goods under the Order.
  4. The invalidity, nullity, or termination of certain provisions of this public Agreement shall not affect the validity, enforceability, or effect of the remaining provisions.
  5. By concluding this public Agreement, the Buyer gives full, unconditional, and indefinite consent to receive from the Seller, via SMS, email, social media, etc., informational messages about news in the KBS online store, as well as promotional offers and sales of Goods held by the Seller on the KBS online store. The Buyer has the right to unsubscribe from such messages at any time by completing the electronic form to opt out of receiving informational messages.
  6. All matters relating to the interpretation of this Agreement and the resolution of disputes arising from its content shall be governed by the laws of Ukraine.

17. SELLER’S CONTACT DETAILS

Seller’s Name: Sole Proprietor Bondarenko Kateryna Oleksandrivna
Taxpayer Registration Number: 3470507481
Date and Registration Number of State Registration in the Unified State Register:
Date of registration: August 5, 2024
Registration number: 2010350000000613348
Email Address: kbstennis007@gmail.com

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