1 Subject Matter and Parties
1.1. Individual Entrepreneur Nikityuk Nadiia Leonidivna (the Seller) offers individuals, individual entrepreneurs and legal entities (the Buyer) the opportunity to purchase KAIZEN furniture on the terms of this Agreement.
1.2. The Seller shall supply, and where required manufacture and supply, furniture in accordance with the agreed order. The Buyer shall pay for and accept the furniture. Design or print development, delivery, carrying furniture into the premises, assembly and repairs are subject to separate agreement.
1.3. This Agreement applies to orders placed through kaizen.furniture, KAIZEN social media pages, messaging services and email, where the goods are handed over in Ukraine. Terms for deliveries abroad shall be agreed separately.
1.4. The invoice specifying the order details, together with the agreed drawings, artwork layouts or descriptions referenced in the invoice or order confirmation, forms an integral part of this Agreement. Together, these constitute the Order. Individually agreed Order terms shall prevail over the general terms of this Offer.
2 Placing and Approving an Order
2.1. An enquiry to a sales representative or a request submitted through the website provides the basis for preparing a proposal. Before payment, the Seller shall send the Buyer an invoice, the product specifications, manufacturing and handover timeframes, payment and delivery terms, and a link to this Offer.
2.2. The Order shall specify the model, quantity, dimensions, fabric, print, finish, included components and other agreed specifications. The Buyer shall check these before payment. Catalogue images show examples of product configurations; the specific configuration is determined by the Order.
2.3. Payment of the agreed advance payment or the full invoiced amount constitutes acceptance of this Offer and confirmation of the Order. This Agreement is concluded when the funds are credited to the Seller’s bank account, provided that the information under Clause 2.1 has been supplied beforehand. The invoice number shall be included in the payment reference.
2.4. The invoice remains valid for three calendar days starting on the day following its issue, unless it specifies a different period. Before paying later, the Buyer shall confirm the current price and material availability with the sales representative. If payment has already been received, the Seller shall confirm the Order on the original terms or agree revised terms; if no agreement is reached, the funds shall be refunded.
2.5. Following payment, the Seller shall send electronic confirmation of the Order stating the manufacturing start date and completion deadline. The parties shall use email or the messaging service through which the Order was placed for approvals and shall notify each other of changes to their contact details.
2.6. The Buyer may authorise a designer or another representative to approve matters on the Buyer’s behalf by providing the Seller with that representative’s contact details and scope of authority. Approvals given within that authority shall be binding on the Buyer. Payment of the invoice confirms the specifications stated in it, regardless of the representative’s involvement in selecting them.
2.7. Changes to the Order shall take effect once confirmed by both parties in correspondence or in an updated invoice.
3 Dimensions Materials and Print Characteristics
3.1. Furniture shall be manufactured to the collection specifications or to individually agreed specifications. Any dimensional tolerances provided for by the manufacturing process for a particular model shall be specified in the Order before payment.
3.2. The Buyer shall arrange measurements of the premises, doorways, stairs and lift and check that the furniture can be brought in and positioned. The Seller shall provide the product dimensions and, for large furniture, clarify access conditions and provide the transport dimensions and information on whether disassembly is possible. No on-site measuring service is provided. Errors in the Buyer’s measurements may be remedied through agreed modifications or additional services at an additional charge, where technically possible.
3.3. Fabric and finishes shall be approved by reference to their name, product code, photograph or physical sample. At the Buyer’s request, samples may be sent by post on agreed terms. On-screen colour depends on the device, camera and lighting; an exact match between the displayed and actual shade is therefore not guaranteed.
3.4. In dye-sublimation printing, the shade and texture of the base fabric affect the printed colour. The same artwork may appear differently on white, milky white, beige or greyish fabric. On textured or pile fabrics, a lighter base may become visible when the fabric is bent, the fibres are spread apart or the direction of the pile changes. The Seller shall explain, and where necessary demonstrate, the characteristics of the selected fabric before payment.
3.5. The positioning of print elements depends on cutting, seams and the three-dimensional form of the upholstery. Minor shifts in print elements and pattern mismatches at joins are permitted unless exact pattern matching is agreed in the Order. The positioning of logos, lettering and other elements for which accuracy is material shall be agreed separately.
3.6. Wood has natural variations in grain and shade. Pile fabrics change in appearance depending on lighting and pile direction. Characteristics described in this section and disclosed before payment do not constitute defects where the product complies with the agreed materials, specifications and quality requirements. Manufacturing defects shall be dealt with under Section 8.
3.7. Materials and images supplied by the Buyer shall be accepted after their suitability has been checked and, where necessary, tested. The quantity of material, sampling costs and arrangements for any remaining material shall be agreed before use. If unsuitability or a risk of reduced quality is identified, the Seller shall suspend the relevant work and propose a solution.
4 Price and Payment
4.1. The price shall be stated in the invoice in Ukrainian hryvnias and shall be fixed upon receipt of the advance payment. The price may change where a change to the Order is agreed or additional services are ordered.
4.2. The standard payment schedule is 70% before manufacture begins and 30% following notification that the furniture is ready, before dispatch. By agreement, 100% advance payment or another schedule specified in the invoice may apply. Payment shall be made to the Seller’s business bank account.
4.3. Before final payment, the Seller shall send photographs or video of the finished furniture. The Buyer shall pay the balance within three calendar days starting on the day following receipt of the readiness notification. If the images or video show a discrepancy with the Order, the Buyer shall report it for review and resolution before dispatch.
4.4. The furniture price includes basic packaging by the Seller. Delivery, additional carrier packaging, crating, carrying furniture into the premises or to an upper floor, assembly and other additional services are not included in the price of the goods. The ordering of these services and their price or method of calculation shall be agreed separately.
4.5. The Seller shall hand over the goods following full payment. If payment is overdue, the Seller may suspend the relevant stage of performance or dispatch until the outstanding amount is paid, notifying the Buyer accordingly.
5 Manufacturing Timeframes and Order Changes
5.1. Unless a different timeframe is agreed in the Order, standard collection furniture shall be manufactured within up to 6 calendar weeks and furniture with an art print within up to 8 calendar weeks. For bespoke development, the timeframe is 10 to 12 calendar weeks; the specific timeframe shall be stated in the Order, or 12 weeks shall apply if none is stated.
5.2. The manufacturing period shall run from the day following receipt of the advance payment and final approval of the specifications. Where the Buyer supplies materials, the period shall begin after their receipt and confirmation of their suitability. Transit time shall be agreed separately and is not included in the manufacturing period.
5.3. Within three calendar days of the date the Order is put into production, the Buyer may request changes to the fabric, dimensions or other specifications. The Seller shall confirm whether the changes are possible, taking into account work already performed and materials already purchased. After that period, changes shall be accepted by separate agreement.
5.4. Before changes are made, the parties shall agree any additional payment and a new timeframe. If the changes require materials to be purchased again or a new production cycle, the relevant period shall restart after the changes are approved and any required additional payment is received.
5.5. If further manufacture depends on the Buyer’s response, materials or payment, the Seller shall notify the Buyer that the relevant stage is suspended. The timeframe shall be extended by the period of that delay; any additional time required to resume production shall be agreed separately.
5.6. If the selected material is unavailable, the Seller shall propose a substitute or an extension of the timeframe. A substitution shall be made after the Buyer’s approval. The Seller shall notify the Buyer of other delays, stating the reason and the expected readiness date.
6 Order Cancellation and Returns
6.1. The Buyer shall notify the sales representative or contact the Seller by email to request cancellation or a return, stating the Order number and the requested remedy.
6.2. The Seller allows the Order to be cancelled within three calendar days of placement with a full refund of the advance payment, provided that work has not begun and materials have not been purchased for it. In other cases, Clauses 6.3–6.6 shall apply.
6.3. Completed furniture of satisfactory quality, manufactured to an individual order, which cannot be sold to another person or can only be sold at a substantial financial loss, shall not be returnable because the Buyer’s preferences have changed. This rule applies under Article 13(5)(3) of the Law of Ukraine on Consumer Rights Protection. The individual specifications shall be recorded in the Order.
6.4. Where unfinished work governed by the rules on contracts for work is terminated at the Buyer’s initiative, settlement shall be made under Article 849 of the Civil Code of Ukraine: the completed portion of the work and compensable losses arising from termination shall be paid for. The Seller shall provide a calculation with supporting evidence of costs, including materials purchased for the Order, taking into account whether they can be returned or used for other orders. The relevant amounts shall be set off against the advance payment by agreement of the parties or in accordance with the procedure established by law; the balance shall be refunded to the Buyer.
6.5. For goods of satisfactory quality not covered by the exception in Clause 6.3, the Consumer is entitled to an exchange within 14 days, excluding the day of purchase, on the conditions set out in Article 9 of that Law and, in the case of a distance sale, to withdraw from the Agreement within the periods and on the conditions set out in Article 13. For an ordinary, duly confirmed distance order, the withdrawal notification period is 14 days from receipt of the goods. The goods shall be kept undamaged and shall not be used beyond what is necessary for inspection; opening the packaging for inspection does not in itself preclude a return.
6.6. Cancellations and returns for Buyers who are not consumers shall be governed by this Agreement, any agreement between the parties and the grounds provided by law. Breaches of the Order terms or product defects shall be considered separately from withdrawal due to a change in preferences.
6.7. The Seller shall provide the address and procedure for handing over the goods. The refund period and allocation of transport costs shall be determined by the grounds for the return and legal requirements; in the case of cancellation by agreement, they shall be specified in that agreement. The three-day cancellation option under Clause 6.2 does not restrict the Consumer’s statutory rights.
7 Delivery Acceptance and Storage
7.1. The goods shall be supplied by collection from the production facility, delivery by Nova Poshta or another agreed means of transport, including a dedicated truck or a shared-load truck travelling the same route. The method, address and dispatch or handover timeframe shall be specified in the Order. The Buyer shall pay for ordinary delivery at the agreed price or the carrier’s rate.
7.2. The Buyer shall provide accurate recipient details, an address and a contact number, and shall arrange acceptance of the goods. Carrying furniture into the premises and assembly must be ordered in advance. Delivery to an address does not in itself include these services.
7.3. The Seller shall check the completeness and condition of the furniture and provide packaging suitable for the agreed method of transport. The electronic invoice and transport waybill number shall be sent to the Buyer; warranty information, information on product use and other mandatory documents shall be supplied in the form required by law.
7.4. Upon receipt, the Buyer shall inspect the packaging, external condition and completeness of the furniture before confirming acceptance. If there is damage, the Buyer shall record it in photographs or video, require the carrier to draw up a damage report and notify the Seller immediately. If the damage prevents acceptance, the Buyer shall formally refuse acceptance, stating the reason. A transport claim shall be submitted in accordance with the carrier’s procedure; the Seller shall provide the necessary information on its part.
7.5. For delivery arranged by the Seller, the risk of accidental loss or damage shall pass upon actual receipt of the goods by the Buyer or the recipient designated by the Buyer. For collection, it shall pass upon handover to the Buyer or a carrier authorised by the Buyer. The Seller remains responsible for inadequate packaging. Hidden defects may be reported after acceptance within the applicable time limits.
7.6. A completed Order shall be stored free of charge for seven calendar days starting on the day following notification that it is ready. If receipt is delayed by the Buyer, further storage shall be charged only at a rate agreed in the Order or in a separate agreement. Carrier charges for storage and redelivery resulting from incorrect details or the Buyer’s delay in accepting the goods shall be reimbursed by the Buyer in the documented amount, except where the goods are lawfully refused.
8 Warranty and Claims
8.1. The furniture warranty is 18 months from the date of receipt. That date shall be evidenced by the carrier’s records or a handover document in the case of collection. The warranty covers manufacturing defects in the frame, fasteners, legs, seams, mechanisms and other components.
8.2. To make a claim, the Buyer shall send the Order number and a description of the problem to the sales representative or to the Seller by email, attaching photographs or video where possible. The Seller shall review the claim and, where necessary, arrange an inspection or receipt of the product at the production facility. Shipment for repair shall be agreed with the sales representative.
8.3. Manufacturing defects shall be remedied free of charge. The Consumer is also entitled to a price reduction or reimbursement of the cost of remedying defects in the cases provided by law. In the event of a substantial defect or other grounds established by law, the goods shall be replaced or the payment refunded. For the Consumer, repairs free of charge shall be completed within 14 days of the claim being made, unless the parties agree another period; the warranty shall be extended by the time spent under repair.
8.4. Transport of bulky furniture or goods weighing more than 5 kg for the purpose of satisfying the Consumer’s lawful warranty claims, and their return, shall be at the Seller’s expense. For other buyers, transport arrangements for repairs shall be agreed separately, taking legal requirements into account.
8.5. The warranty does not cover normal wear and tear or damage caused by failure to follow the supplied instructions for use, mechanical or chemical exposure, animals, improper transport after handover or third-party repairs. The grounds for rejecting a claim must relate to the cause of the reported damage.
8.6. The furniture shall be used for its intended purpose under suitable conditions. The Buyer shall follow the supplied recommendations on loads, moving and care. Steam treatment, harsh cleaning products and intensive wetting are permitted only where the particular fabric and print have been confirmed as suitable for such care. Recommendations for the selected materials shall be provided before the furniture is first used.
8.7. Damage attributable to the Buyer may be remedied, and post-warranty repairs performed, for a charge after the price, timeframe and transport arrangements have been agreed.
9 Designs Prints and Photographs
9.1. Where design or print development is ordered separately, the parties shall agree the brief, deliverable, number of options and revisions, price and timeframe. Additional options and changes to the brief shall be charged separately following agreement.
9.2. Unless otherwise agreed in writing, bespoke development is non-exclusive. Economic intellectual property rights in designs and prints created by the Seller or authors engaged by the Seller shall remain with the Seller or the relevant rights holder. The Buyer acquires the right to use and dispose of the purchased furniture; the right to reproduce the design to manufacture other products shall be transferred only under a separate agreement. The Seller may reuse the design within the scope of the rights it holds. Exclusivity, its scope, duration and price shall be agreed separately.
9.3. The Buyer confirms that it holds the necessary rights or permissions for the images, logos and other materials it supplies and authorises their use to fulfil the Order. The Seller may suspend their use pending clarification of substantiated claims by rights holders. Rights in the Buyer’s materials shall remain with their respective rights holders.
9.4. The Seller may photograph the manufactured furniture and publish its own photographs and videos in its portfolio, on its website and in advertising without disclosing the Buyer’s personal data. Use of the Buyer’s materials, trademarks or images of a private interior shall be agreed separately. The parties may agree confidentiality terms for a particular Order before photography, filming or publication begins.
10 Liability and Final Provisions
10.1. The parties shall be liable for breaches of their obligations under this Agreement and Ukrainian law. The Seller shall also remain responsible for fulfilment of the Order where other contractors are engaged.
10.2. Where manufacture is delayed through the Seller’s fault, a late-performance penalty of 0.01% of the value of the delayed portion of the Order shall accrue for each day of delay, capped at 3% of that value. Where the law prescribes a different mandatory amount or liability regime, the law shall apply.
10.3. A party shall be exempt from liability for a breach caused by force majeure for the period during which its effect on the relevant obligation is proven. Such circumstances may include hostilities, natural disasters, prohibitions imposed by public authorities and other extraordinary and unavoidable events. The party shall notify the other party of the impediment and its consequences within three calendar days or, where communication is objectively impossible, immediately after communication is restored, and shall provide appropriate evidence. Subsequent timeframes or termination of the Order shall be agreed, with settlement for performance actually completed and a refund of any amounts due.
10.4. Enquiries and claims shall be accepted through the Seller’s contact channels. The parties shall seek to resolve disputes through negotiation; court proceedings shall be brought in accordance with the jurisdiction rules established by Ukrainian law.
10.5. Personal data shall be processed to place and fulfil the Order and comply with legal requirements, in accordance with the Privacy Policy on kaizen.furniture.
10.6. The version of the Offer provided to the Buyer before payment shall apply to the Order. The Seller shall retain that version and the electronic Order confirmation. Subsequent amendments to the Offer shall apply to new orders. A separate signed agreement shall prevail in respect of the matters it governs.
10.7. This Agreement shall remain in effect until the obligations are fulfilled; warranty obligations and intellectual property provisions shall continue for their respective applicable terms. Mandatory provisions of law shall prevail over the terms of this Offer. The invalidity of an individual provision shall not invalidate the remainder of this Agreement if it can be performed without that provision.
11 Seller Details
Individual Entrepreneur Nikityuk Nadiia Leonidivna
Taxpayer Registration Number (RNOKPP): 305150461
Registered address and correspondence address: 42 Stadionna Street, Berdychiv, Zhytomyr Region, 13306, Ukraine.
The Seller’s bank details for payment shall be stated in the invoice.
Website: https://kaizen.furniture/
Email: contact@kaizen.furniture
Telephone: +380 (77) 370 88 88
