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General terms of use and conditions (including Privacy Policy)

Last update – 01.11.2021

Please read these general terms of use and conditions (“terms of use”) carefully before using this Website. You agree to be bound and abide by these general terms of use and conditions by accessing or using this Website and (or) purchasing anything through our Website. (“terms of use”) and privacy policy (https://kayokka.com/pages/privacy-policy); if you do not agree to these terms of use, terms of return, and the privacy policy, please do not use our Website.

Welcome to kayokka.com (“website” or “site”).

Kayokka owns and manages the Website and its pages, as well as all of its content. (“kayokka,” “we,” and/or “us”). These terms of use and the privacy policy apply to all visitors, users, customers, and others who access this Website (“users,” “customers,” and/or “you”). These terms of use explain the terms by which you may use our Website and our services. By accessing or using the Website, you signify that you have read, understood, and agree to be bound by these terms of use, whether or not you have registered to create an account or have purchased on kayokka.com. When you use this Website and choose to purchase things through it, the conditions of your and our agreement are created by these terms of use and our privacy policy.

Definitions

Kayokka is registered under Georgian legislation at the revenue service Centre, Merab Kostava st. 68a, 0179, Tbilisi, register number and tax code 105340300, bank account iban: ge31bg0000000525969463usd, swift: bagage22

All information made available on the Website and accessible via internet connectivity is referred to as content: works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions, and software; the content of all email messages sent by kayokka to their customers; any other information sent, conveyed, or otherwise made available.

Service – the ability of a customer to electronically access content and order products from kayokka’s product catalog, including but not limited to registration of a customer’s profile and, in particular, purchases made through the online store hosted on the Website kayokka.com.

Products – articles of clothing, including garments and accessories, manufactured by kayokka or by kayokka’s subcontractors and bearing the trademark ‘kayokka,’ offered for sale within the online store.

Purchase – the exchange of kayokka’s items for an agreed-upon monetary value (the price) paid by the customer while utilizing the online store. 

Online store, Website, site – the web-based distance sales scheme run by kayokka by means of distance communication, located at kayokka.com.

Customer or user – any individual who has access to the material, services, or Website, including by creating a profile, and anyone who purchases products from the kayokka catalog via the online store.

Profile or account – a Website feature consists of a username and password that allows a customer to access the restricted areas of the Website where services are provided and information is shared between kayokka and the client. Under the current terms and conditions, the profile is generated for personal use only and not for commercial selling unless otherwise agreed to between the customer and kayokka.

Commercial notifications/messages — information messages, mainly electronic, on products and services offered by the online store, including promotions, without binding upon kayokka or the customer on account of the information provided therein.

1.Accessing this Website.

1.1 We reserve the right to withdraw or amend any material we provide on this Website at our sole discretion. We will not be liable if, for any reason, all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, to users, including any registered users.

1.2. Only customers aged 18 years or above may purchase via our Website, kayokka.com, and this is without prejudice to their nationality, domicile, or residence. If you are not at least 13 years old, do not use this Website. If you are between the ages of 13 and 18, we assume that if you are using this site or purchasing products through this site, you have the permission of a parent or guardian to do so, and if you do not, then do not use this site or purchase products on this site

2. Use of your account and account security

2.1. If you register for an account, you will be asked to provide us with certain personal information at the collection point and create a password (for more information, see 16. Privacy policy). You can have only one profile account on the Website for making purchases. You are responsible for all activity on the site from your account or that uses your credentials. You are responsible and liable for any security breaches concerning the Website through your account.

2.2 If you think someone else has compromised your account or taken your password without permission, please write us immediately at [support@kayokka.com].

2.2. If we discover any security breaches or someone else is using this Website or your account in a way not allowed by these terms of use, we reserve the right to suspend or restrict your access to the Website.

kayokka.com and/or to disable your account or other credentials you set up at any time without sending a warning.

3. Use of our Website.

3.1. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or any other tool or malicious code that would disrupt our Website or try to compromise other users and other accounts. This site does not allow users to post content.

3.2. You agree that you will not use any means with respect to the Website, including any automatic or electronic means, to obtain or access any information, data, or materials provided by any other users.

3.3. You may choose to submit comments or suggestions about the site and our products to us. By submitting a comment or suggestion, you acknowledge and accept that we have an unrestricted right to use your comments or suggestions for any reason, without remuneration or reference to you.

4. Content

4.1. All content on the Website is the intellectual property of kayokka and is protected by national and international copyright, trademark, patent, and/or other intellectual property or proprietary rights laws, including but not limited to static images, dynamic images, photos, works, diagrams, displays, text and/or multimedia content, music, sounds, videos, designs, software, databases, documents, information, and any other content.

4.2. You may not copy, publish, modify, reproduce, make any other changes, or distribute any content from the Website without the prior written consent of kayokka.

4.3. You are entitled to link to the content on the social networks Facebook, Twitter, Instagram, Tumblr, Pinterest, etc., using the button “share,” placed within the description of each product in kayokka.com.

5. Contact, information, and commercial messages/notifications

5.1. When registering their profile account on the Website or purchasing a product(s)on the Website, the customer provides kayokka with your complete and accurate identity data and how kayokka can contact you. You also agree to receive notifications, messages, and marketing information or other business-related purposes from kayokka via email, written or hard copy, or posting such notice on our Website.

5.2. By entering data on the Website, the customer allows kayokka to use, including, but not limited to, mail, email, and telephone to communicate with the customer about the content, the services, purchases, and other business-related purposes.

5.3. By choosing the option “subscribe” or placing your email on the first page of our Website, you request to receive commercial. 

messages/notifications sent by kayokka which may be associated with the products offered by kayokka in the online store unless the customer has canceled/unsubscribe this option pressing on a specifically designated internet link contained in any commercial mail or writing us by email [support@kayokka.com]

5.4. Unsubscribing from receiving commercial messages/notifications is not considered a customer’s statement of disagreement with these terms of use.

6. Terms of purchase and checkout

6.1. By completing the purchase on the Website kayokka.com, you agree and declare that all the information you provide is true, accurate, and complete at the time of purchase.

6.2. Until the start of the delivery procedure of the ordered products, we may, in writing in advance, one-sided reject not to fulfill your order in the following situations: you provide incomplete and/or inaccurate information; your actions with the Website are may cause harm and/or considered as security breaches; if two consecutive purchases were not successfully completed/fulfilled due to reasons depending on you.

6.3. Purchase is considered completed, and kayokka shall be obliged to perform the purchase only after the customer has paid all amounts due to kayokka, notwithstanding any withdrawal of consent with these terms and conditions.

7. Products and specifications

7.1. Kayokka may publish information on products from its catalog on the Website, including promotional campaigns for specific products.

7.2. Certain weights, measurements, and similar descriptions are approximate and provided only for convenience. Kayokka makes all reasonable attempts to accurately display the attributes of the products, including the applicable colors; however, the actual color shown on the Website may vary depending on the customer’s device display; in this regard, kayokka cannot guarantee the exact presentation of such colors.

7.3. Kayokka maintains the right to make minor adjustments and improvements to the models as a result of their development and manufacturing while maintaining their style, vision, and shape.

8. Quality and guarantee

8.1. The customer may reckon upon the guarantee provided in the law on consumer protection that the product subject matter of the purchase shall conform with the conditions of the distance contract.

8.2. In this case, if you receive a damaged garment or package, you must notify us within 24h, attaching a picture of both. You have to specify “damaged package” to the courier in the delivery.

8.3. Kayokka assumes no guarantee for the availability of any products in the online store. Should a product purchased by a customer be no longer available, a respective notice will be immediately sent to the customer. In this case, the customer has the right to be reimbursed for the price paid for the products and the expense for delivery to the extent incurred.

8.4. Kayokka sells small quantities of each product, and those quantities may be depleted shortly after a purchase is effected prior to delivery. In such a case, kayokka shall not be held responsible for delivery, as per clause 8.3 below.

9. Price terms

9.1. Kayokka is entitled to change the prices of the products offered in the online store without any prior notice to the customer.

9.2. Valid prices of the products in the online store, including those for products ordered to purchase by the customer, are those displayed at the time of completion of the purchase process.

9.3. The sales promotions available in the online store are those advertised at the time of purchase. Discounts are only applicable while supplies last and/or during the offer period (promotional period).

9.4. The price of products offered and purchased through the online store cannot change with regard to the particular customer after completing a purchase of that said customer.

9.5. All pricing for products available in the online store is in USD and includes a 20% value-added tax (vat). Products’ pricing may be approximated in other currencies – USD, gel – for the customer’s convenience.

9.6. All prices are exclusive of shipping costs and/or additional costs associated with the mode of delivery selected by the customer. Kayokka shall specify on the Website the exact amount of the additional expenses that the customer will be obliged to pay, as well as the overall distance contract value, which includes the price of the requested products and delivery fees decided by the customer.

To avoid ambiguity, when a distance contract is signed, the customer expressly agrees to pay the complete cost of the purchase, including shipping fees and any additional costs related to the mode of delivery chosen by the customer.

9.7. The shipping price doesn’t include the customs duties and taxes if any such duties or taxes are applicable. All international recipients of shipments are responsible for any customs fees, duties, taxes, and other levies.

10. Payment methods

10.1. Kayokka shall give information on the methods of payment for the price of the products and other shipping expenses in the online store. The customer must select one of the following payment methods:

10.1.1. Credit/debit card payment — payment is made upon completion of the purchase by the customer as kayokka notifies the customer by sending an email to the customer for the payment already received, and then kayokka shall proceed to the execution of the purchase; kayokka may use third-party services of checkout.com, Paypal, etc., to facilitate such payments.

10.1.2. Payment through PayPal, in which the payment is credited to kayokka’s account immediately or not later than 24 hours from the payment unless the payment through PayPal is made by the PayPal option “check payments” where the price paid enters the account of kayokka within 10 days of its payment. In any case, kayokka shall notify the customer by notice to his or her email address listed in his or her PayPal account for the payment received, and only after that, the kayokka shall proceed to execute the purchase.

10.2. The customer agrees and undertakes to pay in advance the purchase price using the mode of payment chosen by him or her and according to the terms between the customer and the provider of the corresponding payment service(s). In case kayokka has not received the payment in accordance with the customer’s mode of payment, kayokka shall assume that the customer has waived the purchases made, and the distance contract shall be deemed terminated.

10.3. In case the customer changes his personal data without having notified kayokka thereof, all distance contracts concluded shall be executed according to the data made available to kayokka prior to such change.

10.4. Upon an explicit request, kayokka undertakes to inform the customer about the condition of the purchase and the stage of its execution, including through publication of a respective notice in the customer’s profile on the online store.

11. Delivery and shipping

11.1. At the online store, kayokka shall provide information on existing restrictions on delivery of products, if there are any.

11.2. Purchased products will be shipped to an address designated by the customer in the registration form of the online store.

11.3. The customer is entitled to receive the products purchased through a delivery service selected by kayokka. Risk of accidental loss or damage to the product passed to the customer from the moment of dispatch to the

delivery service thereof. The kayokka shall not bear the risk of loss or damage after the dispatch to the delivery service.

11.4. Customer accepts and acknowledges that the delivery term may vary from seven (7) to fourteen (14) days from the date of completion of the purchase. However, not later than thirty (30) days from that time, except in cases of a pre-order. Kayokka may indicate the expected time for delivery of specific products on the Website or in the customer’s profile, and the customer agrees and acknowledges that such indications will have a merely approximate and indicative nature and shall not prejudice the delivery term agreed to herein by the customer and kayokka.

11.5. If the products subject to purchase cannot be delivered due to a circumstance attributable to kayokka, kayokka shall immediately inform the customer accordingly and refund the price and delivery costs paid by the customer.

11.6. In the event that the delivery of the purchase is not carried out due to a circumstance attributable to the customer (or instance, because the customer was not present at the address indicated at the time of purchase or because of an incorrect address or telephone number), or any other reasons, and as a result, the purchase is returned to kayokka, kayokka undertakes to refund the payment to the customer, only upon deducting the expenses incurred for the transport in both directions (sending and returning the products)and other fees (custom taxes, vats, etc.).

11.7. After the acceptance of the products subject to purchase, the customer is obliged to scrutinize whether they comply with the order and fulfill the customer’s requirements under the following conditions: when trying the products on, the customer must not use perfume; the customer is obliged to keep the products away from smoke or other odors that may impair the products and to keep the products from contact with liquids, pet hairs, spots or stains regardless of their origin. If, upon trying-on, customers decide to withdraw from the distance contract and return the products, they may only do so if they have previously folded and packed the products neatly in the original packaging and stored them in a secure and safe place with respect to external influences that may impair the original appearance and condition of the products.

12. Returning products

12.1. The customer has the right to withdraw from the distance contract and to return the products purchased through the online store not later than fourteen (14) calendar days from acceptance of the products subject to purchase by the customer or by a third party indicated by the customer and other than the delivery service. The right of withdrawal shall be exercised without compensation or penalty to the customer in the following cases:

12.1.1. The products are delivered or invoiced wrongly;

12.1.2. The product has manufacturing defects;

12.1.3. The customer has purchased improper products (wrong size etc.);

12.1.4. Other cases, including when reason is not provided.

12.2. Customers are obliged to unambiguously inform kayokka of their withdrawal by sending an email to: support@kayokka.com containing the number of the purchase and the designation of the products returned within the meaning and the terms specified here.

12.3. The customer shall have no right to withdraw from the distance contract, and any withdrawal already exercised shall be null and void, and kayokka shall have no obligation to reimburse the customer for the price and delivery costs paid by the customer in the following situations:

12.3.1. The notice of withdrawal is accompanied by request for a replacement of the purchased products with products of a different type of products having different characteristics. If the customers wish to purchase products either of a different type or bearing different characteristics, they will have to exercise their right of withdrawal subject to clauses 12.10 and 12.1.4. And to undertake a new purchase under these terms and conditions.

12.3.3. The returned products are not in the condition in which they were delivered to the customer (not in the original packaging with all tags attached and all accompanying documents).

12.3.4. Where the purchase pertains to sealed products that were unsealed after delivery and cannot be returned owing to reasons of hygiene or health protection (e.g., Lingerie, swimwear, undergarments, etc.). The price paid for such products will not be refunded upon their return from the customer.

12.3.5. The products were used contrary to the present terms & conditions, or have been handled with cleaners (hand or machine), or their novelty value appears to otherwise have been negatively influenced. In those cases, the products returned by the customers will be sent back to them on their account, and the price and the cost of their purchase will not be refunded.

12.4. A customer who exercises the right of withdrawal of the purchase is obliged to return back to kayokka the received products in the state in which they were delivered with their original packaging, labels, and tags no later than fourteen (14) calendar days from the day the customer has notified kayokka for the withdrawal. The customer is obliged to store the products in an appropriate manner and to take care of their quality, integrity, and security until their return. The customer is responsible for the diminished value of the products as a result of their use after their delivery, which use has resulted in a condition of the products other than that on the date of sending them to the customer.

12.5. A customer who has made a purchase is required, when returning the products under these terms and conditions, to complete and apply a return form to the products. The return form is provided in the consignment to which the products are supplied. If necessary, the return form can be sent to the customer after sending a request to this address:

support@kayokka.com. The customer shall bear the respective cost of return.

12.6. The customer returns the products to the kayokka’s address: Georgia, Tbilisi 0160, Sulkhan Tsintsadze 17 st. – 31, to ic Alena Polishchuk

12.7. Upon withdrawal of the purchase under item 12.1.1. — where the delivered products have defects, the customer is required to thoroughly describe, including by sending photos, all defects in the products. If kayokka establishes an actual defect in the respective product, kayokka undertakes to perform replacement of the same product as well to undertake all transport costs for returning the replaced product and for delivering the replacing product to the customer. In case the customer wishes no replacement and demands to return the product and to be reimbursed for the price paid, kayokka shall reimburse the customer for the price paid and undertake the transport costs for returning the products. In the event that the replacement product is not available, kayokka shall reimburse the customer for the price paid and shall undertake the transport costs for returning the products.

12.8. If the customer returns the products on the basis of item 12.1.3. And demands their replacement with fitting products. The replacement shall be made under the terms and conditions applicable for purchases at the online store, as the costs for returning the replaced products and for sending the replacing products shall be borne by the customer. In case of kayokka have no fitting product in stock for the purposes of the replacement, kayokka undertakes to reimburse the customer for the price paid, as the transport costs shall be borne by the customer. Items 12.3.4 and 12.3.5 shall apply accordingly.

12.9. In case of withdrawal within the meaning of item 12.1.4. Kayokka shall reimburse the customer for all payments made, excluding the delivery costs. The amounts under the previous item 12.10. Will be reimbursed to the customers within fourteen (14) days from the date on which kayokka was notified by the customers of their decision to withdraw. Kayokka is entitled to halt the reimbursement to the customer until safe receipt of the products. In the case of item 12.5. Kayokka shall reimburse the customer after completion of the procedure for clearance of the products from the Georgian customs, which takes no less than 30 days.

13. Responsibility

13.1. Kayokka is not responsible for damages, lost profits, or other expenses resulting from a customer’s breach of a distance contract or customer breach of these terms and conditions.

13.2. Kayokka is not responsible for any errors that may appear on the Website for any reason, including those caused by changes, adjustments, etc., which are not carried out by the administrator of the Website and are beyond the will and control of kayokka.