PURCHASE AGREEMENT

PURCHASE AGREEMENT

 

1. Definitions

 

1.1. Contractor - Limited Liability Company " DEHTIAR VIKTORIIA" (legal entity identification code:3234618325), which offers any person to accept the Purchase Agreement for the purchase of Goods by such person.

1.2. Purchase Agreement – this document, which sets out the proposal for any person to accept it, become a Customer, and purchase the Goods.

1.3. Customer - a person who has accepted the Purchase Agreement and purchases the Goods offered by the Contractor for sale on the Website.

1.4. Goods – men's and women's clothing, accessories, which are manufactured and sold by the Contractor.

1.5. Website – the website https://katsurina.com, where this Purchase Agreement is posted and which belongs to the Contractor.

1.6. Together, the Contractor and the Customer may be referred to as the "Parties," and each individually as a "Party."

 

2. General Provisions

 

2.1. In accordance with Article 638 of the Civil Code of Ukraine, if the Customer agrees with the terms outlined in the Purchase Agreement and accepts it, the Customer undertakes to pay for and accept the Goods, and the Contractor is obliged to deliver the Goods to the Customer (acceptance of the Purchase Agreement is equivalent to entering into a contract on the terms set forth in the Purchase Agreement). By accepting the Purchase Agreement, the individual agrees to all its terms as outlined in the text of this Purchase Agreement and assumes the obligations set forth therein.

 

2.2. Proper acceptance of the Purchase Agreement is considered the completion of the corresponding form electronically, which is posted on the Website in the "Your Shopping Cart" section, and the Customer's payment of the full cost of the ordered Goods. After acceptance, the Purchase Agreement acquires the status of a contract. By accepting the Purchase Agreement, the Customer agrees to all its terms and undertakes to comply with them.

 

2.3. Any individual aged 18 years or older, or an individual aged 14 to 18 years with parental consent, can become a Customer.

 

2.4. The registration form completed by the Customer electronically, posted on the Website in the "Your Shopping Cart" section, is an integral part of this Purchase Agreement and does not require separate written documentation or signing by the Parties.

 

2.5. When completing the electronic registration form, posted on the Website in the "Your Shopping Cart" section, the Customer undertakes to provide all information marked as mandatory in full, and the Customer is responsible for the accuracy, correctness, and truthfulness of both mandatory and other provided information.

 

2.6. The territory to which the Goods can be delivered is not limited, except for delivery to russia, belarus, eritrea, north korea, syria, and temporarily occupied territories of Ukraine.

 

2.7. Information about the Goods is displayed on the Website and is dynamic. This means that the information can be updated, changed, and supplemented by the Contractor at any time without prior notice. The specified changes take effect after their publication on the Website and apply to any order placed after their publication.

 

2.8. Information about the Goods, the terms of their purchase, prices, and any other information from the Contractor is accurately reflected on the Website.

 

2.9. In the case of an erroneous acceptance, the Parties have the right to change the terms only if they notify each other of such an error in a timely manner.

 

2.10. The Customer's acceptance of the Purchase Agreement constitutes an agreement between the Customer and the Contractor on the terms set forth in the Purchase Agreement.

 

2.11. The Contractor has the right to refuse acceptance of the Customer's offer in case the Goods are actually out of stock, by sending an e-mail to the Customer or making a phone call/other telephone message. In this case, the rights and obligations of the Parties related to the sale, delivery, and transfer of the Goods to the Customer and payment for them by the Contractor, as provided for in the Purchase Agreement, terminate, and the cost of the Goods, if paid for, is returned to the Customer.

 

2.12. In the case of incorrect indication by the Customer, when completing the electronic registration form, posted on the Website in the "Your Shopping Cart" section, of the email address and/or phone number, the Contractor has the right to cancel such an unconfirmed acceptance of the Purchase Agreement.

 

2.13. Information about the Goods is directly posted on the Website. In addition, upon receiving the Goods, before signing/completing the documents confirming the receipt of the Goods, the Customer is obliged to familiarize themselves with the information about the Goods, which is contained on the Goods and/or packaging and/or in the accompanying documents. If additional information about the Goods is needed, the Customer is obliged to contact the Contractor and obtain the necessary information via remote communication before accepting such Goods.

 

3. Parties' Rights & Obligations

 

3.1. The Contractor undertakes to:

3.1.1. Provide current information on the Website regarding the Goods, their price, and available methods of payment and delivery;

3.1.2. Deliver the Goods to the Customer in the manner chosen by the Customer;

3.1.3. Comply with the terms specified in this Purchase Agreement.

 

3.2. The Contractor has the right to:

3.2.1. Deliver the Goods to the Customer only after proper acceptance of this Purchase Agreement;

3.2.2. Inspect the Goods upon their return by the Customer and refuse to accept them if they show signs of damage or use.

 

3.3. The Customer undertakes to:

3.3.1. Adhere to the terms of this Purchase Agreement;

3.3.2. Not manufacture any products based on the design of the Goods and not assist any third parties in doing so.

 

3.4. The Customer has the right to:

3.4.1. Receive the Goods in accordance with the terms of this Purchase Agreement;

3.4.2. Obtain from the Contractor the objectively necessary information regarding the Goods and the terms of this Purchase Agreement, including details on the procedure and timing of Goods delivery;

3.4.3. Register a personal account on the Website.

 

3.5. The Contractor is solely responsible for ensuring that the Goods meet the current standards and legal requirements of Ukraine.

 

3.6. An unjustified refusal by the Customer to accept the Goods is grounds for the Contractor to refund the Customer, minus the amount spent on delivery.

 

3.7. The Contractor does not implement a bonus system, i.e., a discount system for the Customer.

 

4. Pricing and Payment

 

4.1. The price of the Goods is listed on the Website.

 

4.2. The price shown on the Website is applicable for purchases made within Ukraine. For purchases made from outside Ukraine, the price of the Goods is calculated by dividing the price listed on the Website in Ukrainian Hryvnia by the current average exchange rate of the relevant currency. The current average exchange rate is determined by the Contractor’s Brand Director when setting the price for the Customer.

 

4.3. For deliveries outside Ukraine, the Customer is required to pay the additional delivery cost. In such cases, the Contractor will pay the delivery service provider on behalf of the Customer, but the cost will be borne by the Customer.

 

4.4. For deliveries within Ukraine, the Customer is responsible for paying the delivery cost directly to the delivery service provider.

 

4.5. Payment for the Goods and delivery is required in full at the time of order placement (delivery costs are applicable only for deliveries outside Ukraine).

 

4.6. Payment for the Goods is made by the Customer after the order is confirmed via a link provided by the Contractor.

 

4.7. All financial transactions between the Parties will include applicable taxes, fees, and mandatory payments required by law.

 

4.8. For purchases within Ukraine, payment can be made using the following methods:

4.8.1. Bank card;

4.8.2. ApplePay;

4.8.3. GooglePay;

4.8.4. MonoPay.

 

4.9. For purchases from outside Ukraine, payment can be made using the following methods:

4.9.1. PayPal;

4.9.2. MonoPay.

 

5. Goods Delivery and Return Procedures

 

5.1. The transfer of Goods from the Contractor to the Customer can be executed through delivery or in-person pickup.

 

5.2. The delivery or pickup method is selected by the Customer during the completion of the registration form on the Website in the "Your Shopping Cart" section.

 

5.3. In-person pickup of Goods is to be conducted by the Customer at the Contractor’s showroom located at: Kyiv, Reitarska St., 8-5. Pickup hours are daily from 11:00 AM to 8:00 PM.

 

5.4. Delivery of Goods within Ukraine is managed by the “Nova Poshta” service, either to a branch, parcel locker, or via courier. The delivery cost within Ukraine is calculated individually based on the tariffs of the “Nova Poshta” logistics service.

 

5.5. Delivery of Goods outside Ukraine is managed by “DHL,” “Nova Poshta,” or “Ukrposhta.” The cost of international delivery is calculated individually according to the tariffs of the respective delivery service provider.

 

5.6. The specific delivery address is selected by the Customer when completing the registration form on the Website in the "Your Shopping Cart" section.

 

5.7. Delivery costs are borne by the Customer and are not included in the price of the Goods. The Goods will be dispatched for delivery within 1-3 days from the acceptance of the Offer by the Customer. For delivery, the declared value of the parcel corresponds to the price of the Goods.

 

5.8. The estimated delivery time for international orders is 20-30 days. The Contractor is not responsible for any customs delays. The cost of international delivery is payable prior to dispatch according to the delivery service’s tariffs.

 

5.9. The cost of international delivery does not cover customs duties. Customs clearance expenses are the responsibility of the Customer. The Customer is responsible for completing customs formalities in accordance with the regulations of the destination country.

 

5.10. Upon receipt of the Goods, the Customer must inspect them for any damage and ensure that all required documentation (such as a receipt, acceptance report, etc.) is present. Any claims regarding visible defects, completeness, or quality of the Goods must be made to the delivery service at the time of delivery. Claims concerning visible defects, completeness, and quality of the Goods will not be accepted after the Goods have been received/accepted by the Customer.

 

5.11. Exchange and return of Goods of satisfactory quality can be performed within 14 calendar days from the date of receipt by the Customer. Exchanges and returns are permitted if the Goods have not been used, retain their original appearance, consumer properties, seals, factory labels, and original packaging, and are accompanied by proof of purchase. To return Goods, the Customer must notify the Contractor by calling the number provided on the Website.

 

5.12. Refunds for Goods are issued only to the bank account from which the payment was made at the time of purchase and only after the Goods are received by the Contractor and meet the criteria specified in clause 5.11 of this Offer. The Contractor is not liable for delays in refund processing caused by banks or other payment institutions or systems.

 

5.13. For Goods purchased in an offline store, returns must be processed in person at the store.

 

5.14. Within Ukraine, exchanges or returns can be processed using the “Nova Poshta” courier service or by returning/exchanging at the Contractor’s showroom located at: Kyiv, Reitarska St., 8-5. The showroom working hours are as stated in clause 5.3 of this Offer. For exchanges or returns via the “Nova Poshta” courier service, the delivery cost is borne by the Customer.

 

6. Liability of the Parties and Dispute Resolution

 

6.1. Liability for Non-Performance: In case of non-performance or improper performance of obligations outlined in this Offer, the liable Party shall be responsible for actual damages, documented and proven, inflicted on the other Party, in accordance with the current legislation of Ukraine.

 

6.2. Responsibility for Data Accuracy: The Customer is responsible for the accuracy of the information provided in the registration form on the Website under the “Your Shopping Cart” section. If incorrect, inaccurate, or erroneous information leads to additional costs for the Seller related to the delivery of Goods to an incorrect address, all related damages and costs shall be borne by the Customer. The Seller has the right to deduct such damages or costs from the amounts paid by the Customer for the Goods.

 

6.3. Liability for Financial Transfers: The responsibility for financial transactions conducted by the Customer rests entirely with the banking institutions and payment systems chosen by the Customer. The Seller assumes no responsibility for their actions.

 

6.4. Liability for Third-Party Services: The Seller is not liable for the performance of internet service providers, processing centers, payment systems, communication operators, banking institutions, or payment services, which may result in information delays, loss, or damage. Any claims and disputes regarding payments and refunds must be addressed directly with the respective service provider.

 

6.5. Remedies for Non-Conformance: The sole remedy available to the Customer in case of non-conformance with the terms of this Offer is the right to refuse to accept the respective Goods and demand a refund of the paid amount. The Customer may exercise this right before signing the documents confirming the receipt of the Goods.

 

6.6. Limitation of Liability: The Seller’s liability shall not exceed the value of the purchased Goods on the Website and does not include any lost profits, indirect damages, or harm caused to third parties.

 

6.7. Liability for Delivery Services: The Seller is not responsible for the actions of companies providing delivery services to the Customer, including delivery times and the integrity of Goods during transportation by delivery services.

 

6.8. Dispute Resolution: Any disputes arising from or related to this Offer shall be resolved through negotiations between the Parties. If the dispute cannot be resolved through negotiations, it will be resolved in court according to the jurisdiction and venue established by the current legislation of Ukraine.

 

7. Force Majeure

 

7.1. A Party shall be exempt from liability for full or partial non-performance of the Agreement if it can prove that such non-performance resulted from force majeure circumstances as defined in this Agreement, provided that the occurrence of such circumstances has been confirmed in the manner specified in the Agreement.

 

7.2. For the purposes of this Agreement, force majeure refers to any extraordinary events of an external nature that occur without fault on the part of the Parties, beyond their control, or contrary to their will or desires, and which cannot be foreseen with ordinary measures or prevented despite all due care and diligence. This includes, but is not limited to, natural disasters (earthquakes, floods, hurricanes, lightning strikes, etc.), biological, technogenic, and anthropogenic calamities (explosions, fires, equipment failures, mass epidemics, epizootics, phytopathies, etc.), societal conditions (war, military actions [in case of escalation of the situation existing at the time of the Customer’s acceptance of the Offer], blockades, civil unrest, acts of terrorism, mass strikes and lockouts, boycotts, etc.), as well as the issuance of prohibitive or restrictive regulations by government or local authorities, or other lawful or unlawful prohibitive or restrictive measures by such authorities that impede or temporarily hinder the performance of the Agreement by the Parties.

 

7.3. The occurrence of force majeure circumstances must be certified by the Chamber of Commerce and Industry of Ukraine.

 

7.4. The Party intending to invoke force majeure circumstances is obligated to promptly notify the other Party of the existence of such circumstances and their impact on the performance of the terms of the Agreement, no later than 24 hours, taking into account the technical means of instantaneous communication and the nature of existing obstacles.

 

7.5. If force majeure circumstances and/or their consequences temporarily hinder the performance of the Agreement, performance shall be suspended for the duration of such impossibility.

 

7.6. If, due to force majeure circumstances and/or their consequences, the performance of the Agreement is temporarily impossible and such impossibility persists for 2 (two) consecutive months without signs of termination, the legal relations between the Parties arising from the Agreement may be terminated unilaterally by either Party by sending a written notice to the other Party via postal mail.

 

7.7. The consequences of the termination of the Parties' legal relations arising from the Agreement, including unilateral termination pursuant to clause 7.6 of the Agreement, shall be determined in accordance with the applicable legislation of Ukraine.

 

7.8. The Parties may, by mutual agreement, deviate from the provisions of clause 7.6 of the Agreement and specify in writing their subsequent actions regarding the modification of the terms of the legal relations arising from the Agreement.

 

8. Processing of Buyer’s Personal Data

 

8.1. The information provided by the Buyer upon acceptance of the Offer constitutes their personal data. The Seller collects, processes, and stores the Buyer’s personal data, including their full name, phone number, email address, country/city of delivery, and order history. The Buyer’s personal data is considered confidential information. The collection and further processing of personal data by the Seller are carried out in accordance with the Law of Ukraine "On Personal Data Protection" and other relevant regulations of Ukraine. The source of the personal data is information directly and voluntarily provided by the Buyer.

 

8.2. By accepting the Offer, the Buyer voluntarily provides their personal data to the Seller. The Buyer also consents to the use of their personal data for receiving promotional offers and other information about the Seller’s activities.

 

8.3. The Buyer grants the Seller the right to process their personal data, including recording personal data in the Seller’s databases (without additional notice to the Buyer), storing, accumulating, updating, and modifying the data (if necessary) indefinitely.

 

8.4. The Buyer may at any time restrict or prohibit the use of their personal data. To do this, the Buyer must send a written request to the Seller. The Buyer is also entitled to other rights specified in Article 8 of the Law of Ukraine "On Personal Data Protection."

 

8.5. The Seller will not accept data from the Buyer if it is incorrectly filled out.

 

8.6. If the Buyer does not specify otherwise when placing an order on the Website, the Buyer grants the Seller the right to send any commercial and/or informational content via email in accordance with section 8.2 of this Offer.

 

8.7. The Buyer’s data provided upon acceptance of the Offer is confidential. Access to this data is limited to authorised persons of the Seller and the Buyer, and such data may also be provided to law enforcement and/or other authorities as required by applicable Ukrainian legislation.

 

8.8. The Buyer is responsible for the accuracy of the data they provide.

 

9. Miscellaneous Provisions

 

9.1. The legal relations between the Parties arising from the acceptance of this Offer shall commence from the moment of such acceptance and shall remain in effect until both Parties have fully discharged their obligations as stipulated in this Offer.

 

9.2. The Seller and Buyer acknowledge that if any provision of this Offer is or becomes invalid due to non-compliance with the law, such provision shall not be considered in resolving the legal relations between the Parties.

 

9.3. This Offer becomes effective from the moment of its publication on the Website and remains valid until withdrawn by the Seller.

 

9.4. By accepting this Offer, the Buyer confirms that:

• They have reviewed and agree to all terms set forth in this Offer and on the Website, and unconditionally accept them;
• All actions taken by them will comply with the terms set forth on the Website and in this Offer.

 

9.5. For the purposes of internet marketing, the Seller uses the service "Google Analytics." The Seller reserves the right to amend the text of this Offer without prior notice. Such amendments will take effect from their publication and apply to any acceptance of the Offer made after such publication, unless otherwise specified upon the publication of such changes.

 

9.6 The Buyer agrees to carefully review this Offer. If the Buyer disagrees with its terms, they shall refrain from accepting the Offer.

 

9.7. The Seller and Buyer maintain communication through electronic mail, telephone calls, and messages. The Buyer agrees that all notifications or other information provided electronically shall have legal force and be deemed equivalent to documents executed in writing.

 

 

10. Contractor's Location and Details

 

Contractor: LIMITED LIABILITY COMPANY « DEHTIAR VIKTORIIA»

(Location: Ukraine, city Kyiv, street Shovkovychna, build 38, fl 11),

legal entity identification code: 3234618325
IBAN: UA 813220010000026006340097017 at UNIVERSAL BANK JSC,
Bank Identifier Code 322001,