Terms of service

1. Acceptance of Terms

1.1. This User Agreement (hereinafter – the "Agreement") governs the relationship between you (hereinafter – the "User", "Customer", "You") and Private Entrepreneur Kotliarova Karina Anatoliivna (identification number: 3430611468), hereinafter – KOTLIAROVA, "We", the "Company", the "Seller", regarding the use of the website https://www.kotliarova.com (hereinafter – the "Site") and the making of purchases.

1.2. By using the Site, registering an account, or making a purchase, you confirm that:

  • You have reached the age of majority in your country of residence.

  • You have read this Agreement, our Privacy Policy and our Return Policy.

  • You fully accept all their terms, which together form a single legally binding contract.

  • Your use of the Site does not violate any applicable laws.

2. Changes to Terms and Services

2.1. We reserve the right, at our sole discretion, to update, change, or replace any part of this Agreement by posting updated versions on the Site. Your continued use of the Site following the posting of changes constitutes your acceptance of those changes.

2.2. We may change, suspend, or discontinue any part of the Services (including access to certain products or categories) at any time without prior notice. We shall not be liable to you or any third party for any such change, suspension, or discontinuance.

3. Account and Communication

3.1. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account.

3.2. You undertake to maintain the accuracy, completeness, and truthfulness of your account information and contact details (email, phone, address).

3.3. The primary channel for official communication with you is the email address provided during registration or checkout. Notifications regarding order confirmation, delivery status, and changes to terms are sent to this address and are deemed received by you at the time of sending.

4. Purchase and Payment Terms

4.1. Formation of the Contract. Placing an order on the Site constitutes an offer on your part. The sales contract is considered concluded at the moment of our explicit confirmation of the order by sending you a notification to the email address provided during checkout. We reserve the right to refuse confirmation or cancel any order for any reason, including suspicion of fraud, pricing error, or product unavailability.

4.2. Prices and Taxes.

  • Pricing Currency: The base currency for all calculations in our store is US Dollars (USD). The Site uses multi-currency technology that may display approximate prices in your local currency for convenience. The actual amount charged to your card will be in US Dollars (USD) or converted to your local currency at the rate applied by your bank or payment system at the time of the transaction.

  • Prices do not include applicable taxes (e.g., VAT, GST, HST), customs duties, or fees that may apply in the destination country. These costs are borne and paid by the buyer.

4.3. Payment.

  • Payment is processed exclusively through the secure payment gateway of our partner – the Hutko service, which supports Visa and Mastercard cards. Your card data is processed directly by Hutko in accordance with the PCI DSS security standard. We do not have access to or store your full payment card details.

  • By providing payment details, you warrant that you have the legal right to use the selected payment method.

5. Delivery, Title, and Risk

5.1. Delivery Partners. We cooperate with trusted logistics operators: Nova Poshta (Delivery Terms) and Ukrposhta (Terms of Service (UA)). Delivery times indicated on the Site are estimates and are not guaranteed.

5.2. Transfer of Risk and Title. The risk of loss or damage to the Goods passes to you at the moment of handover by us to the courier service. Title to the Goods passes to you only upon our receipt of full payment for it.

6. Intellectual Property and Acceptable Use

6.1. All content posted on the Site (texts, graphics, logos, product photographs, design, software code, databases) is the intellectual property of KOTLIAROVA or our licensors and is protected by copyright and trademark law.

6.2. You are granted a limited, non-exclusive, non-transferable license to access and use the Site strictly for personal, non-commercial purposes.

6.3. Any commercial use of the Site's content (including but not limited to: copying, distribution, modification, creation of derivative works, publication on other marketplaces or websites) is strictly prohibited without our prior written consent.

7. Prohibited Conduct

You agree not to use the Site and our Services for:

  • Violating any applicable local, state, or international laws.

  • Fraudulent activity, phishing, or misrepresentation.

  • Collecting personal data of other users.

  • Introducing malicious software (viruses, trojans) or conducting denial-of-service (DDoS) attacks.

  • Attempting to gain unauthorized access to any part of the Site, its servers, or networks.

8. Processing of Personal Data

8.1. For the performance of this Agreement (order processing, delivery, communication), we require your personal data. Its processing is carried out in strict accordance with our Privacy Policy, which is an integral part of this Agreement.

8.2. For customers from the European Union and the United Kingdom, it is expressly stated that the provision of data necessary for the performance of the contract (delivery address, contacts) is mandatory. Failure to provide such data makes it impossible to provide the services.

9. Right of Withdrawal (for Consumers in the EU and the United Kingdom)

9.1. In addition to the provisions of our Return Policy, if you are a consumer residing in the European Union or the United Kingdom, you have the legal right to withdraw from this distance sales contract within 14 (fourteen) calendar days without giving any reason. The detailed procedure for exercising this right, including conditions and exceptions, is fully set out in our Return Policy.

10. Limitation of Liability

10.1. The Site and all goods and services are provided "as is" and "as available". To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2. KOTLIAROVA, its directors, employees, or agents shall not be liable for any direct, indirect, incidental, punitive, or consequential damages (including lost profits, data loss, or loss of goodwill) arising from:

  • The use or inability to use the Services.

  • Any errors, inaccuracies, or omissions in the content.

  • Any unauthorized access to our servers or personal information.

  • Any delays or failures in the Services not under our direct control.

11. Force Majeure

Neither party shall be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is caused by circumstances of force majeure, including but not limited to: natural disasters, wars, acts of terrorism, actions of government authorities, large-scale failures of the internet or power supply, pandemics.

12. Governing Law and Dispute Resolution

12.1. This Agreement, its interpretation, and performance shall be governed by and construed in accordance with the laws of Ukraine.

12.2. Any disputes or disagreements arising from or in connection with this Agreement shall, if possible, be resolved through negotiations. If no agreement is reached, the dispute shall be resolved in the court at the location of KOTLIAROVA (Odesa, Ukraine) in accordance with the procedural law of Ukraine.

12.3. For consumers in the EU: You also have the right to use the Online Dispute Resolution (ODR) platform of the European Commission: https://ec.europa.eu/consumers/odr/.

13. Contact Information

For more information or for any questions regarding this Agreement, you may contact us at:

KOTLIAROVA
Private Entrepreneur Kotliarova Karina Anatoliivna
Identification Number: 3430611468
Address: Ukraine, 67641, Odesa region, Troitske village, Dnistrovska street, 32.
Email: support@kotliarova.com
Phone: +38(097)-472-48-09