Public Offer Agreement for order, purchase, sale and delivery of goods
This agreement between sole proprietor “Irina Viktorovna Karbusheva”, hereinafter referred to as the “Seller” and the user of the web-store services https://vitagenworld.com/,hereinafter referred to as the “Customer”, is a public offer agreement of the sale of goods and determines the basic terms of the order, purchase and delivery of goods via the web-store https://vitagenworld.com/.
The Customer, acting in order to purchase the Goods, unconditionally accepts the terms of this sale of goods agreement (hereinafter referred to as the “Agreement”) on the following conditions:
1. DEFINITION OF TERMS
1.1. Public offer (hereinafter referred to as the “Offer”) is a public offer of the Seller, addressed to an indefinite circle of persons, to conclude a sale and purchase of goods agreement with the Seller remotely, that is, via the web-store (hereinafter referred to as the “Agreement”) on the terms contained in this Offer, including all Annexes.
1.2. Order is a decision of the Customer to order the goods and delivery via the web-store.
2. GENERAL PROVISIONS
2.1. The information below is an official offer of the web-store https://vitagenworld.com/ to any individual (hereinafter referred to as the “Buyer”) to conclude a sale of goods agreement. This agreement is a public agreement, that is, all its terms are the same for all buyers according to Article 633 of the Civil Code of Ukraine.
2.2. According to Article 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of this offer, which confirms the conclusion of the sale of goods agreement on the terms proposed below, is the fact of placing and confirming the order.
2.4. By placing an Order, the Buyer confirms the agreement and unconditional acceptance of the terms of this offer.
2.5. By concluding the Agreement (that is, accepting the terms of this Offer by placing an Order), the Buyer confirms as follows:
а)the Buyer agrees and is fully aware of the terms of this offer;
b) the Buyer gives his permission for the collection, processing and transfer of personal data under the terms defined below in the Warning regarding the collection, processing and transfer of personal data; the permission for the processing of personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Customer confirms that he is aware (without additional notice) of the rights, established by the Law of Ukraine “On Protection of Personal Data”, of the purposes of collecting data, as well as that his personal data is transferred to the Seller in order to fulfil the conditions of this Agreement, the possibility of making mutual settlements, and for receiving invoices, acts and other documents. The Customer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications to the Customer, without changing the purpose of processing personal data. The scope of the Customer’s rights as a subject of personal data is known and understood by him in accordance with the Law of Ukraine “On Protection of Personal Data”.
3. PRICE OF GOODS
3.1. The price for each item of the Goods is set forth on the web-store.
3.2. The Seller has the right to unilaterally change the price for any item of the Goods.
3.3. In the event of a change in the price of the ordered Goods, the Seller undertakes to inform the Buyer about the change in the price of the Goods.
3.4. The Buyer has the right to confirm or cancel the Order for the purchase of the Goods, if the price is changed by the Seller after placing the Order.
3.5. The Seller has no the right to change the price for the Goods paid by the Buyer.
3.6. The Seller specifies the cost of delivery of the Goods on the web-store or informs the Buyer when placing an order by the Operator.
3.7. The Buyer’s obligations to pay for the Goods shall be deemed to be fulfilled from the moment of receipt of funds to the Seller.
3.8. Payments between the Seller and the Buyer for the Goods shall be made in the ways set forth on the web-store in the section “DELIVERY AND PAYMENT”.
4. PLACING AN ORDER
4.1.The Buyer shall place his order of the Goods via the Operator by phone: +38(068)416-04-15 or via the web-store servicehttps://vitagenworld.com/.
4.2. For registration on the web-store, the Buyer undertakes to provide the following information:
4.2.1. surname, name, patronymic of the Buyer or the person (recipient) on its behalf;
4.2.2. delivery address for the goods (if delivery to the Buyer’s address);
4.2.4. contact number;
4.2.5. login and password.
4.3. The name, quantity, article, price of the Goods selected by the Buyer are set forth in cart of the Buyer on the web-store.
4.4. If the Seller requires additional information, he has the right to request it from the Buyer. If the Buyer does not provide the necessary information, the Seller is not responsible for providing quality services to the Buyer when purchasing goods via the web-store.
4.5. When placing an Order via the Operator (clause 4.1. of this Offer), the Buyer undertakes to provide the information specified in clause 4.2. of this Offer.
4.6. The Buyer’s acceptance of the terms of this Offer is implemented by entering the relevant data into the registration form on the web-store or when placing an Order via the Operator. After placing the Order via the Operator, the Buyer’s data is registered in the Seller’s database.
4.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.
4.8.The remote sale and purchase agreement between the Seller and the Buyer shall be deemed to be concluded as soon as the order is electronically placed on the web-store.
5. DELIVERY AND TRANSFER OF GOODS TO THE BUYER
5.1. The methods, procedure and terms of delivery of Goods are set forth on the website in the section “DELIVERY AND PAYMENT”. The Buyer agrees on the procedure and terms for the delivery of the ordered Goods with the Operator of the web-store at the time of purchase.
5.2. Customer pickup:
5.2.1.The Customer or his Representative shall be deemed to be responsible for the ownership and the risk of accidental loss or damage to the Goods as soon as the Goods are received.
5.3. Delivery of Goods is carried out by the web-store employees on their own or by third parties (carrier) in accordance with the terms of delivery.
5.4. Upon receipt of the Goods, in the presence of the Seller’s representative, the Customer must check the conformity of the Goods with qualitative and quantitative characteristics (name of the product, quantity, completeness, shelf life).
5.5. Upon acceptance of the Goods, the Customer or the Customer’s representative confirms with his signature in the invoice that he has no complaints about the quantity, appearance and completeness of the Goods.
6. PURCHASE RETURNS
6.1. The customer has the right to refuse the Goods at any time before its transfer, but after the transfer of the Goods – in the manner and under conditions determined by the Law of Ukraine “On Protection of Consumer Rights”.
6.2. Return of Goods, under conditions determined by the Law, is carried out at the address indicated on the website in the section “CONTACTS”.
7.LIABILITY OF THE PARTIES
7.1. The Seller is not responsible for damage caused to the Buyer as a result of improper use of the Goods previously ordered at https://vitagenworld.com/ and purchased from the Seller.
7.2.The Seller is not responsible for the improper, untimely processing of Orders and his obligations if the Buyer provides inaccurate or false information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer is exempt from liability for full or partial failure to fulfil their obligations if failure is a consequence of force majeure such as: war or military action, earthquake, flood, fire and other natural disasters arose regardless of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that cannot fulfil its obligations shall immediately notify the other Party thereof.
ADDRESS AND DETAILS
Sole proprietor (Irina Viktorovna Karbusheva)
Apt. 88, 44, Novgorodskaya str., Kharkiv city, Kharkiv region, 61166, Ukraine.
EDRPOU code: 2698514900 in JSC CB PRIVATBANK, IBAN UA473515330000026002052181132