Public Agreement (Offer)
This agreement is the official and public offer of the Seller to conclude a contract for the sale of Goods presented on the website chobotystore.com.ua. This agreement is public, i.e. pursuant to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, sole proprietor) without giving preference to one buyer over another.
By concluding this Agreement the Buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for fraudulent orders and all other terms of the agreement.
The Agreement is considered concluded from the moment of clicking the "Confirm Order" button on the checkout page in the "Cart" section and the Buyer receiving confirmation of the order from the Seller in electronic form.
Before placing an order the Buyer must familiarize themselves with the terms of this Agreement, as well as the pages "Payment", "Delivery", "Returns and Exchanges" and "Privacy Policy" posted on the Site.
1. General provisions
1.1. This document is the official public offer of the Seller to conclude a contract for the distance sale of goods through the online store Choboty.store.
1.2. The Agreement is concluded in accordance with the provisions of the Civil Code of Ukraine, the Law of Ukraine "On Electronic Commerce", the Law of Ukraine "On Protection of Consumer Rights" and other norms of Ukrainian legislation regulating distance selling.
1.3. The terms of this Agreement are the same for all Buyers, except where otherwise expressly provided by law or individually agreed for goods manufactured to the Buyer's personal specifications.
1.4. The Seller of the goods is:
1.5. The Buyer is a legally capable natural person who purchases or intends to purchase goods for personal needs and places an order through the Site.
2. Key terms
Site: the online store Choboty.store located at chobotystore.com.ua.
Seller: the business entity whose details are specified in section 1 of this Agreement.
Buyer: a natural person who places an order for goods on the Site.
Goods: footwear, clothing, accessories and other goods presented in the Choboty.store catalogue.
Order: a duly completed request by the Buyer to purchase one or more goods.
Acceptance: the Buyer's full and unconditional acceptance of the terms of this public offer by placing an order on the Site.
Goods in stock: goods available for preparation and transfer to the carrier without prior manufacturing.
Made-to-order goods: goods for which a manufacturing or preparation period is required before dispatch, about which the Buyer is informed before order confirmation.
Custom-made goods: goods created according to the Buyer's personal parameters that differ from Choboty.store's standard product specifications.
3. Subject of the Agreement
3.1. The Seller undertakes to transfer the chosen goods to the Buyer, and the Buyer undertakes to accept and pay for the goods under the terms of this Agreement.
3.2. The name, model, material, colour, size, price and other main characteristics of the goods are indicated in the respective product card on the Site.
3.3. Product photographs are part of the product information. At the same time, colour shades may slightly differ depending on lighting during photography and the Buyer's device screen settings.
3.4. Before placing an order the Buyer independently selects the model, colour, size and quantity of the goods.
3.5. If the Buyer needs advice on size or product characteristics, they may contact a Choboty.store manager before placing an order.
4. Placing an order and concluding the Agreement
4.1. The Buyer places an order using the Site's functionality.
4.2. To place an order the Buyer provides data necessary for its fulfilment:
- first name and last name;
- phone number;
- email, if requested by the order form;
- locality;
- delivery details;
- chosen delivery method;
- chosen payment method;
- other data objectively necessary to fulfil the order.
4.3. The Buyer is responsible for the accuracy of the contact details, address and recipient data provided by them.
4.4. Before finalising the order the Buyer may check the selected product, its quantity, size, price and other available parameters.
4.5. Acceptance of this Agreement is the Buyer placing an order after becoming acquainted with the terms of the public offer.
4.6. After placing an order the Buyer receives confirmation of its acceptance via an available communication channel.
4.7. The Seller has the right to contact the Buyer to clarify size, colour, delivery method, product availability or other details necessary to fulfil the order.
4.8. If the ordered product is not in stock, the Seller informs the Buyer and may offer another available size, a similar model, production of the product, waiting for restock or cancellation of the order with a refund if the product has already been paid. Any product replacement is made only with the Buyer's consent.
5. Goods in stock and made to order
5.1. Choboty.store is a Ukrainian brand and the brand's goods are manufactured in Ukraine.
5.2. Some goods may be available ready-made, while others are manufactured after placing an order.
5.3. If a product is made to order, the approximate manufacturing time is indicated on the product card or communicated to the Buyer before final order confirmation.
5.4. Standard manufacturing of a model in one of the sizes, colours and materials offered on the Site does not automatically mean the product is custom-made.
5.5. Custom-made goods may include items created according to parameters specifically agreed with the Buyer.
Custom parameters may include non-standard size or insole length, individual width, change of material or colour outside the catalogue, change of shaft or heel height, personalization or other separately agreed characteristics.
5.6. If special return conditions for custom-made goods are permitted by law, the Buyer must be informed of them before placing such an order.
6. Price of the goods
6.1. The current price of each product is indicated on the Site.
6.2. The Buyer pays the price that was confirmed for their order.
6.3. The Seller has the right to change prices for goods that have not yet been ordered by the Buyer.
6.4. Changing the price after proper ordering and confirmation is not allowed, except when changes are agreed directly with the Buyer, for example in connection with a change in the order composition.
6.5. Delivery cost is not included in the goods' price unless otherwise expressly stated on the Site.
6.6. Free delivery by Choboty.store is not provided unless otherwise expressly stated in the terms of a separate temporary promotion.
6.7. Full terms and delivery costs are specified on the "Delivery" page.
7. Payment methods
7.1. The following payment methods are available for orders within Ukraine.
Online payment
Online payment is made via the secure WayForPay payment page. The Buyer may use Visa, Mastercard, Apple Pay or Google Pay if the corresponding method is actually displayed on the WayForPay payment page.
Payment on receipt
For Nova Poshta delivery within Ukraine the buyer may choose full online payment or a partial prepayment of 300 UAH with the remainder paid on receipt. The prepayment is credited to the product price and is refunded according to sections 13–14 and the "Returns and Exchanges" page; it is not withheld automatically.
7.2. When using cash on delivery the carrier or NovaPay may charge a fee for money transfer according to their current tariffs. This fee is not income of Choboty.store and is paid by the Buyer separately.
7.3. Choboty.store does not charge hidden fees or an additional commission for standard online card payments.
7.4. If an online payment was not successfully confirmed by the payment system, the order is not considered paid.
7.5. In such a case the Buyer may repeat the payment, use another card or, for orders within Ukraine, choose a prepayment of 300 UAH with the remainder paid on receipt, if this is possible before dispatch.
7.6. Full payment terms are provided on the "Payment" page, which is an integral part of this Agreement.
8. International orders
8.1. Choboty.store accepts international orders to countries available during checkout or confirmed by a manager before payment.
8.2. For international orders full online payment of the product and agreed delivery cost is required prior to dispatch.
8.3. Cash on delivery is not available for international orders.
8.4. International delivery is carried out via Nova Post according to the "Delivery" page conditions. Estimated transit time after transfer to the carrier is 5–14 working days.
8.5. Import duties, VAT, brokerage and other mandatory charges of the destination country are not included in the price of the goods and delivery and are payable by the Buyer if applicable.
9. Delivery of orders within Ukraine
9.1. Delivery of orders within Ukraine is carried out by Nova Poshta.
9.2. Depending on availability delivery to a branch, to a parcel locker or courier address may be used.
9.3. Delivery cost is paid by the Buyer.
9.4. The cost is determined according to the chosen delivery method, shipment parameters and current Nova Poshta tariffs.
9.5. After handing the order to the carrier the Buyer receives a TTN number to track the shipment.
9.6. Estimated processing and delivery times are established on the separate "Delivery" page.
9.7. The time for a made-to-order product consists of the manufacturing time and the transit time.
9.8. After handing the parcel to Nova Poshta the actual transit time depends on the carrier's operation.
10. Available delivery formats
10.1. Within Ukraine orders are delivered by Nova Poshta to branches, parcel lockers or by courier to the Buyer's address.
10.2. Outside Ukraine orders are delivered by Nova Post to branches, parcel lockers or by courier to the Buyer's address if the respective format is available in the destination country.
10.3. Availability of a specific delivery format is determined during checkout or confirmed by a manager before payment.
10.4. Delivery cost and times depend on the country, locality, weight, dimensions of the shipment and the carrier's current tariffs.
11. Receiving the goods
11.1. Upon receipt the Buyer must check the integrity of the packaging and is recommended to check:
- model;
- colour;
- size;
- quantity;
- completeness;
- absence of obvious external damage.
11.2. If obvious damage to the packaging or product is found during delivery, we recommend documenting it in the presence of the carrier's representative and notifying Choboty.store.
11.3. Receiving the shipment by the Buyer without stated remarks regarding obvious transport damage does not limit their rights concerning hidden defects of the product under the law.
12. Transfer of ownership and risk of accidental damage
12.1. Ownership of the goods transfers to the Buyer after transfer of the goods to the Buyer or their authorised recipient and the Buyer's fulfilment of the payment obligation.
12.2. Transfer of the goods is confirmed by the carrier's data or the document of receipt of the goods by the Buyer or their authorised recipient.
13. Returns and exchanges
13.1. The Buyer has the right to return and exchange goods in accordance with the legislation of Ukraine and Choboty.store's conditions.
13.2. Goods of proper quality may be returned or exchanged within the period established by law, including within 14 calendar days if return conditions are met.
13.3. For returning goods of proper quality it is necessary that:
- the goods were not used;
- footwear was not worn outdoors;
- there are no signs of use;
- the товар appearance is preserved;
- labels and accessories are preserved;
- the full комплектність is preserved;
- the original product packaging is preserved if it is part of the комплектність;
- it is possible to confirm purchase of the goods at Choboty.store.
13.4. If the Buyer withdraws from the distance contract and returns goods of proper quality, they pay the standard return shipping upon dispatch. After acceptance of the return the Seller compensates the documented cost of standard shipping in cases and to the extent provided by Ukrainian law. In exchanges due to incorrectly chosen size, colour, model or fit, the costs of return and re-delivery are paid by the Buyer.
13.5. If the return is related to a confirmed manufacturing defect, receipt of a different product, incorrect size or colour due to Choboty.store's error or another confirmed Seller error, the costs of agreed return and re-shipment are borne by Choboty.store.
13.6. Returns or exchanges can be made according to the procedure specified on the "Returns and Exchanges" page.
13.7. Returns via Nova Poshta must be pre-agreed with a manager.
13.8. Returns may also be made through the Choboty.store showroom if acceptance of the corresponding type of returns at the showroom is confirmed by the store.
13.9. Full rules for returns, exchanges and refunds are defined on the "Returns and Exchanges" page, which is an integral part of this Agreement.
14. Refunds
14.1. After receiving the returned product the Seller inspects its condition, completeness and compliance with the return conditions.
14.2. If the return is accepted funds are returned by a method corresponding to the original payment method, if technically possible.
14.3. For goods paid online by card, including foreign cards, refunds are made via the respective payment system to the original payment instrument unless another lawful method is agreed with the Buyer.
14.4. For goods paid by cash on delivery the refund method is agreed with the Buyer.
14.5. Refunds are made within the periods provided by Ukrainian law and Choboty.store's "Returns and Exchanges" policy.
14.6. After initiating a refund the actual crediting time may additionally depend on the Buyer's bank or payment system.
15. Product quality and warranty claims
15.1. The Seller undertakes to deliver goods whose quality corresponds to the information on the Site, the manufacturer's requirements and Ukrainian law.
15.2. If the Buyer discovers a defect they must cease using the product and contact Choboty.store.
15.3. For initial consideration of a claim the Seller may request:
- order number;
- description of the problem;
- product photos;
- photos of the defect;
- photos of the packaging in case of transport damage.
15.4. Providing photographs is used for preliminary assessment of the claim and does not deprive the Buyer of rights provided by law.
15.5. The Buyer's rights in case of purchasing a defective product are determined by Ukrainian law.
16. Rights and obligations of the Seller
The Seller is obliged to:
- provide the Buyer with reliable and sufficient information about the product;
- transfer the product to the Buyer according to the confirmed order;
- adhere to the agreed price of the confirmed order;
- properly handle inquiries regarding delivery, exchange, return and product quality;
- not transfer the Buyer's personal data to third parties, except where necessary to fulfil the order or required by law.
The Seller has the right to:
- contact the Buyer to clarify order details;
- refuse to process an order if the Buyer provided insufficient or manifestly false data and cannot be contacted;
- change the assortment, prices for goods not yet ordered, and information on the Site;
- temporarily suspend the Site for maintenance.
17. Rights and obligations of the Buyer
The Buyer is obliged to:
- before placing an order familiarize themselves with the product description and the terms of this Agreement;
- provide correct data for order placement and delivery;
- independently check the selected size, colour and model;
- pay for the goods and related charges for receiving them according to the chosen payment method;
- follow the rules of use and care for the product.
The Buyer has the right to:
- receive accurate information about the product;
- receive the product according to the confirmed order;
- exercise the right to exchange, return or file a warranty claim in accordance with the law;
- contact the Seller with questions and complaints regarding the order.
18. Personal data
18.1. When placing an order the Buyer provides personal data necessary to conclude and perform the sales contract.
18.2. The Seller processes personal data for the purpose of placing and confirming the order, making payments, delivering the goods, communicating about the order, returns or exchanges and fulfilling other obligations provided by law.
18.3. To fulfil the order necessary data may be transferred to Nova Poshta / Nova Post, NovaPay, WayForPay, banks and payment systems, as well as other persons solely to the extent necessary to perform the respective operation.
18.4. Choboty.store does not receive or store the full card number, CVV/CVC code or bank PIN if the payment is processed on the payment service side.
18.5. Use of personal data for marketing messages is carried out only where there is a lawful basis or with the Buyer's consent.
18.6. Detailed terms of personal data processing are defined in a separate Privacy Policy.
19. Liability of the parties
19.1. For non-performance or improper performance of the Agreement's terms the parties bear liability in accordance with Ukrainian law.
19.2. The Seller is not liable for delays that occurred after transferring the order to the carrier and were caused by circumstances beyond the Seller's control, provided the Seller properly handed the goods for delivery.
19.3. This provision does not release the Seller from obligations to the Buyer that cannot be limited by contract under the law.
19.4. The Seller is not responsible for the inability to fulfil the order due to incorrect contact details or address provided by the Buyer.
19.5. The Seller is not responsible for delay of a banking operation caused by the Buyer's bank, payment system or financial institution.
20. Force majeure
20.1. A party may be released from liability for breach if it proves that such breach resulted from circumstances that objectively did not depend on it and could not have been reasonably foreseen or avoided.
20.2. Such circumstances may include:
- military actions;
- air raid alerts and related restrictions;
- emergencies;
- fires and floods;
- large-scale accidents;
- prolonged emergency power or communications outages;
- blocking of transport routes;
- decisions of state authorities;
- other extraordinary and unavoidable circumstances.
20.3. A party must notify the other party of a material impact of such circumstances on order fulfilment when practically possible.
20.4. The existence of such circumstances does not relieve the Seller of the obligation to refund the Buyer in cases where the order cannot be fulfilled and is refundable under the law.
21. Dispute resolution
21.1. In case of a question, claim or dispute the Buyer is recommended to first contact Choboty.store:
21.2. The Seller considers the Buyer's request and tries to resolve the dispute by negotiations.
21.3. If the parties cannot resolve the dispute by negotiations it is resolved in accordance with Ukrainian law.
21.4. No provision of this Agreement limits the consumer's statutory right to apply to competent state authorities or a court.
22. Amendment of the public offer terms
22.1. The Seller has the right to change the terms of this public offer.
22.2. The new edition comes into force from its publication on the Site or from the date expressly stated in the document.
22.3. The version of the terms applicable to an order is the one the Buyer agreed to when placing that order.
22.4. Changing the offer after placing an order cannot unilaterally worsen the terms of an already concluded contract with the Buyer.
23. Term of the Agreement
23.1. This public offer is effective from its publication on the Site until it is replaced by a new edition or withdrawn by the Seller.
23.2. The agreement with a specific Buyer becomes effective from the moment of its acceptance and is valid until the parties fully perform their obligations.
24. Relationship with other Site pages
The following are integral parts of Choboty.store's sales terms:
- Public offer agreement;
- Payment;
- Delivery;
- Returns and Exchanges;
- Privacy Policy.
In case of discrepancies the terms of these documents are applied systemically taking into account Ukrainian law and the specific Buyer's order.