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Public Offer Contract

Public Offer


This Public Offer Agreement is an official offer by the Seller to an unlimited number of persons to enter into an agreement with the Seller on the delivery of goods remotely on the terms stipulated in this offer, by creating an order in the online store on the website https://vansiton.ua/.

TERMS AND DEFINITIONS

A public offer contract is a public contract, the terms of which in accordance with Art. 633, 641 of the Civil Code of Ukraine, the same for all Buyers, the unconditional acceptance of the terms of which by the Buyer (payment of the Goods in accordance with part 2 of Article 642 of the Civil Code of Ukraine) is considered acceptance of this Agreement between the Seller and the Buyer.

Administration - Fitomarket LLC, registered under the legislation of Ukraine, EDRPOU 3071518950, located at the address: 11 Petropavlivska Street, apartment 4, Kyiv, Ukraine, 04073, phone: +38 044 468 11 01, which is the copyright owner of the website https://vansiton.ua/.

Acceptance - the person's acceptance of the offer to conclude the Agreement (by clicking on the "Make an order" link or by placing an order through the online store operator).

Online store - a corresponding software and functional complex, located on the official website at the address https://vansiton.ua/, which allows you to familiarize yourself with the Product, its appearance, technical characteristics, price, payment terms, etc., make an appropriate order, etc.

The seller is a legal entity or an individual entrepreneur who has posted information about the goods and/or services sold by him in the online store. The seller can be both the Administration and any person to whom the Administration granted the right to post information about goods and/or services. The name of the Seller is indicated in the documents for the transfer of the Goods to the Buyer.

Offer - the Seller's offer to enter into this Public Offer Agreement on the terms set forth in this Agreement is addressed to an unlimited number of persons.

Placing an order is an application by the Buyer for the purchase of the Goods, which is addressed to the Seller for its execution and is carried out by placing the application in the online store by the Buyer by clicking on the "Place order" link or by giving consent to placing the order to the operator of the online store.

Order Confirmation - the Seller's notification of receipt of the order from the Buyer and acceptance of such order for execution.

Buyer - any person who accepted this public offer.

Parties - the collective name of the Seller and the Buyer.

The product is sports nutrition items, vitamins, supplements and any other products, information about which is posted in the online store.

1. GENERAL PROVISIONS


    1.1. This Public Offer Agreement is a public Agreement in accordance with Art. 633, 641 of the Civil Code of Ukraine, the conditions of which are the same for all Buyers.

    1.2. The fact of placing an order by the Buyer (by clicking on the "Place an order" link or by placing an order through an online store operator) in accordance with part 2 of Art. 642 of the Civil Code of Ukraine is considered acceptance of this Agreement by the Buyer.

1.3. The Agreement concluded on the basis of the Buyer's acceptance of this offer is an Accession Agreement, to which the Buyer joins without any exceptions and/or reservations.

1.4. The Administration of the Online Store may at any time, without notice, make changes to this Agreement, materials and information contained in the Online Store. Under no circumstances is the administration responsible for the irrelevance of information on the site, any damages arising from the use, impossibility of use, or the results of the use of the online store resource.

2. SUBJECT OF THE AGREEMENT

2.1. The Seller undertakes to transfer the Goods to the Buyer's ownership under the terms of this Agreement, and the Buyer undertakes to take ownership of the Goods and pay for them under the terms of this Agreement.

2.2. The Seller and the Buyer confirm that this Agreement is not a fictitious, fictitious transaction, an agreement carried out under the influence of violence or deception.

3. MOMENT OF CONTRACT CONCLUSION

3.1. Approval by the Buyer of the offer to conclude the Agreement (Acceptance) is carried out by placing an order for the Product in the online store. The moment of conclusion of the Agreement is confirmation of the order by the Seller.

3.2. The fact of placing an order by the Buyer is an indisputable fact of the Buyer's acceptance of the terms of this Agreement, including the Buyer's consent to receive advertising materials by means of communication (including, but not limited to, e-mail, mobile communication). At any time, the Buyer can refuse to receive advertising materials in the "My Account" section of the online store.

4. ORDER PROCESSING

 4.1. The Product is ordered by the Buyer through the Internet store or with the help of the Internet store operator.

4.2. You can place an order through the online store after registration. At the same time, the Buyer has the right to register on the website only 1 (one) time, that is, he can have only one Personal account.

4.3. When registering in the online store or when ordering the Product with the help of the online store operator, the Buyer must provide the following information about himself:

• first name, Last name, Patronymyc of the Buyer;

• buyer's contact phone number;

• e-mail address for contacting the Buyer;

• address of delivery of the Goods (in case of need for delivery of the Goods).

4.4. The buyer who registered in the online store receives individual identification by providing a login and password. Transferring the login and password to third parties by the Buyer is prohibited.


    4.5. The Buyer places the order by clicking on the "Place order" link or by confirming the order to the online store operator, respectively.

Placing an order by the Buyer and its subsequent transfer to execution means sufficient and complete familiarization of the Buyer with the price of the Product, technical characteristics of the Product, its functionality, information on delivery terms and warranty service conditions.

4.6. The order is considered accepted by the Seller and is subject to execution after confirmation of the last order (confirmation is a message from the Seller sent by means of communication to the Buyer).

If the ordered Goods are not in the Seller's warehouse, including for reasons beyond the Seller's control, the Seller has the right to cancel the said Goods from the Buyer's order and notify the Buyer thereof.

4.7. Any information about the Goods contained on the official website of the Seller is informative and cannot be taken as fully conveying all the properties and characteristics of the Goods. If the Buyer has questions about the properties and characteristics of the Goods, before ordering the Goods, he must consult the operator of the Internet store.

5. PRICE OF GOODS AND TERMS OF PAYMENT

5.1. The price at which the Goods are sold is indicated in the documents for the transfer of the Goods to the Buyer.

The Seller reserves the right to change the prices of goods unilaterally. At the same time, the prices of the Goods ordered by the Buyer (after confirmation of the order by the Seller) are not subject to change.

5.2. Payment for the Goods is made by the Buyer in cash (in the case of receiving the Goods at the Seller's warehouses or postal service branches) or non-cash by transferring funds to the Seller's current account. The currency of calculations is UAH.

5.3. The Buyer is obliged to pay for the ordered Goods within the terms agreed upon by the Parties at the time of placing the order.

5.4. In the case of non-cash payment, the Buyer's obligations to pay for the Goods are considered fulfilled by crediting the funds to the current account of the Seller (his branch).

5.5. If the Product is sold with a discount, information about the availability and amount of the discount is posted on the official website of the Seller, and is informative. The price at which the Goods are sold is specified in accordance with paragraph 5.1. Discounts are not cumulative or added to other discounts.

6. TERMS OF DELIVERY

6.1. The Seller's obligation to deliver the Goods to the Buyer arises from the moment the order confirmation is sent to the Buyer.

6.2. The terms of delivery of the Goods to the Buyer shall be agreed by the Parties in each specific case and fixed in the order confirmation. The date of delivery of the Goods is indicated in the invoices for the Goods.

6.3. The Goods can be handed over to the Buyer at one of the Seller's store warehouses (the list of which is specified in the "Contacts" section of the online store) or delivered to the Buyer at the address specified by the latter. When the Goods are delivered to the Buyer at the address specified by him, the transportation of such Goods is carried out at the Buyer's expense.

Delivery of the Goods to the Buyer is carried out:

6.3.1. at the addresses of the Seller's warehouses (self-delivery);

6.3.2. by the Seller's transport at the address indicated by the Buyer;

6.3.3. with the help of a carrier (postal service, delivery service, courier service, etc.) to the delivery point or to the address specified by the Buyer.

When delivering the Goods with the help of the carrier, the Buyer fully and unconditionally agrees with the Rules of transportation of goods of the carrier's company (including the cost of delivery).

6.4. Ownership of the Goods passes from the Seller to the Buyer:

- from the moment of handing over the Goods to the Buyer (in case the Buyer receives the Goods at one of the Seller's warehouses/shops/retail premises or delivery in accordance with paragraph 6.3.2. of the Agreement). The moment of transfer of the Goods to the Buyer is the signing by the Parties of the invoice for such Goods;

- from the moment the Seller hands over the Goods to the carrier (delivery service, courier service, etc.).

6.5. Obligations regarding the transfer of the Goods in the cases provided for in paragraphs 6.3.1, 6.3.2 of the Agreement are considered fulfilled from the day the Parties sign the invoice. The risk of accidental destruction of the Goods passes to the Buyer from the day of signing the invoice.

6.6. Obligations regarding the transfer of the Goods in the cases provided for in paragraphs 6.3.3 Contracts are considered fulfilled, and the risk of accidental damage to the integrity of the Goods is transferred to the Buyer at the moment the Seller hands over the Goods to the carrier. The carrier is responsible for delivering the goods to the place of delivery.

6.7. Acceptance of the Goods in terms of quantity and quality takes place at the place of delivery of the Goods from the Seller (carrier) to the Buyer. After the Buyer has received the Goods, claims regarding the quantity, completeness and type of the Goods are not accepted.

7. RETURN OF GOODS

7.1. The Buyer has the right to return to the Seller non-food Goods of proper quality, if they did not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used by him for their intended purpose. The buyer has the right to return the Goods of proper quality within 14 (fourteen) days, not counting the day of purchase. The Goods with proper quality level are returned if they have not been used and their appearance, consumer properties, seals, labels, as well as the settlement document issued together with the sold goods have been preserved. The list of Goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.

7.2. Consideration of the Buyer's requirements, in particular regarding the return of the Goods, it is carried out on the condition that the Buyer provides the documents provided for by the current legislation of Ukraine (including a written statement).

8. RIGHTS AND OBLIGATIONS OF THE SELLER

8.1. The Seller has the right to:

• at any time to make changes to this Agreement, materials and information (including about the Goods) offered in the online store;

• refuse to enter into a Public Offer Agreement if he does not have the opportunity to sell the corresponding Product to the Buyer;

• record telephone conversations with the Buyer;

• suspend the sale of the Goods to the Buyer in the event of the Buyer's breach of his obligations (including, but not limited to, failure to pay for the ordered Goods) under this Agreement;

• require the Buyer to fulfill his obligations under this Agreement in good faith;

• without agreement with the Buyer, to transfer their rights and obligations regarding the performance of the Agreement to third parties.

8.2. The Seller is obliged to:

• send the Buyer confirmation of the order or notify him of the impossibility of fulfilling the Buyer's order;

• hand over the Goods to the Buyer after he has paid for such Goods;

• check the quality and quantity of the Product during its transfer to the Buyer;

• not to disclose any private information of the Buyer and not to provide access to this information to third parties, with the exception of cases provided for by the legislation of Ukraine (it is not considered a violation of the Seller to provide information to counterparties and third parties acting on the basis of the Agreement with the Seller, including for fulfillment of obligations to the Buyer);

• prevent attempts of unauthorized access to information and/or its transfer to persons who are not directly related to the execution of orders; timely detect and stop such facts;

• properly fulfill the terms of this Agreement.


9. RIGHTS AND OBLIGATIONS OF THE BUYER

9.1. The Buyer has the right to:

- Register in the online store;

- in case of disagreement with any item of the offer, refuse to purchase the Goods, register in the online store and take any other actions stipulated by this Agreement;

- seek advice from the Seller regarding the properties and characteristics of the Goods;

- to require the Seller to fulfill his obligations under this Agreement in good faith;

- other rights stipulated by the current legislation of Ukraine.

9.2. The Buyer is obliged to:

• before the conclusion of the Agreement, familiarize yourself with the content and conditions of the Agreement, the prices of the Goods offered by the Seller in the online store;

• provide all the necessary data identifying him as a Buyer and necessary for registration in the online store by manually entering the data when registering in the online store or by communicating the necessary information to the operator of the online store, keep them up-to-date;

• timely pay for the ordered Product (and its delivery, if delivery of the Product is necessary);

• properly formalize the acceptance of the Goods (including signing and handing over to the Seller the relevant documents for receiving the Goods), present a document certifying the identity (a person authorized to receive the Goods);

• check the quality and quantity of the Goods when they are received from the Seller;

• not to disclose any private information of the Seller and not to provide access to this information to third parties, except for cases provided for by the legislation of Ukraine; not to transfer the login and password received during registration to third parties and bear responsibility for failure to fulfill this obligation;

• properly fulfill the terms of this Agreement.

10. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE


    10.1. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of Ukraine.

10.2. When placing an order, the Buyer is responsible for the accuracy of the information about himself provided to the Seller (including, but not limited to, the information specified in paragraph 4.3 of the Agreement), and also confirms that he is familiar with the terms of this Agreement and agrees with them. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.

10.3. The Seller is not responsible for the impossibility of fulfilling the Buyer's order, if such impossibility arose due to circumstances beyond the control of the Seller, including, but not limited to, disruption of communication lines, equipment malfunction, etc.

10.4. The Seller's general liability for non-fulfillment or improper fulfillment of the terms of this Agreement is limited to the amount of the Buyer's payment made on the basis of this Agreement.

10.5. The warranty for the Product is provided in accordance with the warranty established by the manufacturer of the Product. The Seller is not responsible for damage to the Goods in cases that are not recognized as warranted by the manufacturer of the Goods, as well as in cases of violation by the Buyer of the terms of storage and/or operation of the Goods.

11. FORCE MAJEURE

11.1. The duration of the performance of the obligations under this Agreement by the Parties may be terminated only in the event of force majeure, namely: fire, natural disaster, armed conflict, significant changes in the legislation of Ukraine, which complicates or makes it impossible for the Party to fulfill its obligations of this Agreement or from other circumstances beyond the control of the Parties.

11.2. The party affected by force majeure must notify the other party in writing within 5 (five) calendar days.

11.3. In the event of the occurrence of force majeure circumstances, the Party affected by them, subject to compliance with the requirements of clause 11.2 of this Agreement, shall be released from liability under this Agreement for the duration of such circumstances.

11.4. After the termination of force majeure circumstances, the performance of obligations is renewed during the term. The Party affected by force majeure must notify the other Party in writing about the termination of force majeure circumstances.

11.5. If force majeure continues for more than 30 (thirty) consecutive calendar days, the Parties have the right to terminate this Agreement and make final settlements. At the same time, damages caused by termination of the Agreement are not compensated and fines are not paid.

12. OTHER TERMS OF THE AGREEMENT

12.1. This Agreement enters into force from the moment the Buyer receives the confirmation of the order from the Seller. The Agreement is valid until the Parties fully fulfill their obligations.

12.2. This Agreement is concluded on the territory of Ukraine and operates within the framework of the current legislation of Ukraine.

12.3. The Buyer and/or authorized persons of the Buyer give consent to the Seller for the processing of their personal data, namely surname, first name, patronymic, registered place of residence and/or actual residence, taxpayer identification number, passport data, as well as telephone/fax contact number, e-mail address, any other data specified by the Buyer in the registration form for registration in the online store and/or order, in order to fulfill the requirements of the current legislation of Ukraine related to the financial and economic activities of the Seller and within the limits of the requirements of the current legislation regarding protection of personal data.

The Buyer confirms that he is familiar with the rights of the subject of personal data provided for in Art. 8 of the Law of Ukraine "On Personal Data Protection". The address for storing personal data 11 Petropavlivska Street, apartment 4, Kyiv, Ukraine, 04073.

12.4. The online store contains materials, trademarks, brand names and other materials protected by law. The buyer or any other third parties have no right to use the materials posted in the online store (including making changes, copying, publishing, transferring to third parties, etc.). The use of site materials without the permission of the copyright holders is not allowed. When quoting site materials, including copyrighted works, a link to the online store site is mandatory.

12.5. All disputes related to non-fulfillment or improper fulfillment of their obligations under this Agreement will be resolved by the Parties during negotiations. In the event of failure to reach an agreement during the negotiations, disputes will be resolved in accordance with the procedure provided for by the current legislation of Ukraine.

12.6. In cases not stipulated by this Agreement, the Parties are governed by the current legislation of Ukraine.

Carefully read the text of the public offer, and if you do not agree with any item of the offer, you have the right to refuse to purchase the Goods available in the online store and not to take the actions specified in paragraphs 4.3, 3.1 of this Offer.