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Terms of Service

General Provisions

This website is operated by POGO. Throughout this text, the terms “we,” “us,” and “our” refer to POGO. POGO offers you, the user, this website along with all the information, tools, and services available on it, conditioned upon your acceptance of all the terms, conditions, policies, and notices set out here.

By visiting our site and/or purchasing something from us, you use our “Service” and agree to be bound by the terms set out below (“Terms of Service,” “Terms”), including the additional terms and policies referenced herein. These Terms apply to all users of the site.

Please read these Terms carefully before using the site. By using any part of the site, you agree to these Terms. If you do not agree to all the terms of this agreement, you may not use the site or services.

We reserve the right to update, change, or replace any part of these Terms by posting updates on the site. It is your responsibility to check this page periodically for changes.

Section 1 — Online Store Terms

By agreeing to these Terms, you confirm that you have reached the age of majority in your country or region of residence, or that you have reached the age of majority and have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any viruses or destructive code. A breach of any of the Terms will result in the immediate termination of your services.

Section 2 — General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding payment information) may be transferred unencrypted and may involve (a) transmission over various networks and (b) changes to conform to the technical requirements of networks or devices. Payment card information is always encrypted during transmission. You agree not to reproduce, copy, sell, or exploit any part of the Service without our written permission.

Section 3 — Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is inaccurate, incomplete, or out of date. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

Section 4 — Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice. We are not liable to you or to any third party for any modification, price change, suspension, or discontinuation of the Service.

Section 5 — Products and Services

Certain products or services may be available exclusively online. Such products may have limited quantities and are subject to return or exchange only in accordance with our Return Policy. We have made every effort to display the colors and images of our products as accurately as possible, but we cannot guarantee that the colors shown on your device will be accurate. We reserve the right to limit the sale of our products to any person, region, or jurisdiction, and to limit the quantities of products.

Section 6 — Accuracy of Billing and Account Information

We reserve the right to refuse any order. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household, or per order. You agree to provide current, complete, and accurate information for all purchases made at our store and to promptly update your information so that we can complete your orders and contact you. For more details, see our Return Policy.

Section 7 — Optional Tools

We may provide you with access to third-party tools that we neither monitor nor control. You acknowledge that we provide access to such tools “as is” and “as available” without any warranties. Any use you make of optional tools is entirely at your own risk.

Section 8 — Third-Party Links

Certain content, products, and services available through our Service may include materials from third parties. Third-party links may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content of third-party resources and are not liable for any harm related to the purchase or use of products, services, or content of third-party websites.

Section 9 — User Comments, Feedback, and Other Submissions

If you send us ideas, suggestions, or other materials (“comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, and otherwise use any comments you submit. We are under no obligation to keep comments confidential, to pay compensation for them, or to respond to them. You agree that your comments will not violate the rights of any third party and will not contain any unlawful, abusive, or obscene material.

Section 10 — Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 — Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice.

Section 12 — Prohibited Uses

You are prohibited from using the site or its content: for any unlawful purpose; to solicit others to perform unlawful acts; to violate any regulations or laws; to infringe upon our intellectual property rights or those of others; to harass or discriminate; to submit false information; to upload viruses or malicious code; to collect the personal data of others; to spam or scrape; for any obscene purpose; or to interfere with the security features of the Service. We reserve the right to terminate your access to the Service for violating any of the prohibited uses.

Section 13 — Disclaimer of Warranties; Limitation of Liability

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. The Service and all products delivered through it are (except as expressly stated by us) provided “as is” and “as available” without any representations, warranties, or conditions of any kind. In no case shall POGO, our directors, officers, employees, partners, agents, contractors, suppliers, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Service or any products, to the fullest extent permitted by law.

Section 14 — Indemnification

You agree to indemnify, defend, and hold harmless POGO and our partners, officers, directors, agents, contractors, licensors, service providers, and employees from any claim or demand, including reasonable legal fees, made by any third party due to your breach of these Terms or your violation of any law or the rights of a third party.

Section 15 — Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed; this does not affect the validity and enforceability of the remaining provisions.

Section 16 — Termination

These Terms are effective until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or by ceasing to use the site. If, in our judgment, you fail to comply with any term of these Terms, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

Section 17 — Entire Agreement

These Terms and any policies or rules posted by us on this site constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 18 — Governing Law

These Terms and any separate agreements under which we provide you services shall be governed by and construed in accordance with the laws of Ukraine.

Section 19 — Changes to the Terms of Service

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates on the site. Your continued use of the site after the posting of any changes constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to [email protected].

The site is operated by [LEGAL ENTITY — e.g. Sole Proprietor / LLC “…”], [legal address]. POGO — pogo.com.ua