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ProteininkievBotPublic offer contract
Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter collectively referred to as - the Parties, have entered into this Public Offer Agreement (hereinafter - the Agreement), addressed to an unlimited circle an official public offer of the Seller to enter into a contract of purchase and sale of Goods with the Buyers, the photos of which are posted in the appropriate section of the Website https://proteininkiev.com/ .
Sellers who intend to sell Goods using the Website https://proteininkiev.com/ and Buyers when purchasing Goods, the images of which are posted on the relevant pages of https://proteininkiev.com/ , accept the terms of this Agreement on the following.
TERMS
1.1. Contractual relations between the Seller and the Buyer are drawn up in the form of a Public Offer Agreement. Clicking on the "ORDER" button on the website page https://proteininkiev.com/ in the relevant section means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current international and Ukrainian legislation, has implemented the terms of the Public Offer Agreement, which are listed below.
1.2. The public offer contract is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers regardless of their status (individual, legal entity, individual entrepreneur). By fully agreeing with this Agreement, the Buyer accepts the terms and conditions of placing an order, payment and delivery of goods by the Seller, responsibility for an unscrupulous Order and non-fulfillment of the terms of this Agreement.
1.3. This Agreement enters into force from the moment of clicking on the "ORDER" button, by which the Buyer agrees to purchase the existing Seller's Goods and is valid until the Buyer receives the Goods from the Seller and complete settlement with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If the international treaty, the binding consent of which has been given by the Verkhovna Rada of Ukraine, establishes different rules than those established by Ukrainian legislation, the rules of the international treaty shall be applied.
TERMS AND DEFINITIONS
"Public offer contract" - a public contract, a sample of which is posted on the Website https://proteininkiev.com/ and the application of which is mandatory for all Sellers, containing the Seller's offer to purchase the Goods, the image of which is posted on the Website https:/ /proteininkiev.com/ , aimed at an undefined circle of persons, including Buyers.
"Acceptance" - - acceptance by the Buyer of the seller's offer to purchase the Product, the image of which is posted on the Website https://proteininkiev.com/ , by adding it to the virtual cart and sending the Order.
"Goods" - an item of trade (product, model, accessory, components and accompanying items, any other items of trade), the purchase of which is posted on the website https://proteininkiev.com/ by the seller.
"Purchaser" - any able-bodied natural person, legal entity, natural person-entrepreneur, in accordance with current international and Ukrainian legislation, who visited the website https://proteininkiev.com/ and intends to purchase one or another Product.
"Seller" - any capable natural person, legal entity, natural person-entrepreneur, in accordance with current international and Ukrainian legislation, who are owners or distributors of the Product and intend to sell it using the website https://proteininkiev.com/ .
"Order" - the Buyer's application for the purchase of Goods, addressed to the Seller, duly executed and posted on the Website https://proteininkiev.com/ .
"Legislation" - norms of regulation of contractual relations under the Agreement established by Ukrainian or international legislation.
"Significant defect of the Product" - a defect that makes it impossible or unacceptable to use the Product in accordance with its intended purpose, was caused by the manufacturer's (Seller's) fault, and after its elimination appears again for reasons beyond the control of the consumer.
SCOPE OF THE CONTRACT
3.1. The Seller undertakes on the terms and in the manner specified by this Agreement to sell the Goods based on the Order placed by the Buyer on the relevant page of the Website https://proteininkiev.com/ , and the Buyer undertakes on the terms and in the manner specified by this Agreement , buy the Product and pay for it.
3.2. The Seller guarantees that the Goods have not been pledged, are not the subject of a dispute, are not under arrest, and there are no third-party rights to them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or pretend transaction or an agreement made under the influence of pressure or deception.
3.4. The seller confirms that he has all the necessary permits for the conduct of business activities that regulate the scope of legal relations that arise and operate in the process of executing this Agreement, and also guarantees that he has the right to manufacture and/or sell the goods without any restrictions, in accordance with requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer's rights in the process of execution of this Agreement and sale of the Goods.
RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller is obliged to:
fulfill the terms of this Agreement
fulfill the Buyer's order in case of receipt of payment from the Buyer;
deliver the Goods to the Buyer in accordance with the selected sample on the relevant page of the Website https://proteininkiev.com/ , the completed order and the terms of this Agreement;
to check the qualitative and quantitative characteristics of the Product during its packaging in the warehouse;
inform the buyer about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this contract.
4.2. The seller has the right to:
unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
4.3. Seller:
The business entity from among the persons offering to purchase on the website https://proteininkiev.com/ the Product according to the unified agreed rules set forth in this public offer contract. *
RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The buyer is obliged to:
timely pay and receive the order under the terms of this Agreement;
read the information about the Product posted on the website https://proteininkiev.com/ ;
upon receipt of the Goods from the person who delivered them, verify the integrity and completeness of the Goods by inspecting the contents of the packaging. In case of damage or incomplete completion of the Goods, record them in the act, which must be signed by the person who delivered it to the Buyer together with the Buyer.
5.2. The buyer has the right to:
place an order on the appropriate page of the Website https://proteininkiev.com/ ;
require the seller to fulfill the terms of this Agreement;
to inform about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
ORDER PROCEDURE
6.1. The Buyer places an order independently on the appropriate page of the Website https://proteininkiev.com/ by adding the Goods to the virtual cart by clicking the "Add to cart!" button, or by placing an order by e-mail or by phone number indicated in the contact section of the Web - website https://proteininkiev.com/ .
6.2. The term of formation of the Order is up to 2 working days from the moment of its execution. If the order is sent on a weekend or holiday, the term of formation begins on the first working day after the weekend.
CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and indicated on the corresponding page of the Website https://proteininkiev.com/ . The price of the Contract is determined by adding up the prices of all the selected Goods placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Contract.
7.2. The cost of the Order may vary depending on the price, quantity or product range.
7.3. The buyer can pay for the order in the following ways:
1) by means of a bank transfer of money to the current account of the Seller specified in the invoice, including using Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) cash on delivery upon receipt of the Order at the representative office of the delivery service on the territory of Ukraine or on the territory of another country, according to the place of placing the order for the goods.
3) Credit card of the following type:
Visa
Visa Electron
MasterCard
Mastercard Electronic
Maestro
4) in any other way as agreed with the Seller.
Note. When the Buyer pays for the order with a payment card, an additional fee may be charged by the issuer of this card, in particular, when the Buyer pays for the order with a payment card, an additional fee may be charged when the Buyer pays for European orders by Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card issuers. When clicking on the "ORDER" button on the website page https://proteininkiev.com/ in the relevant section, it means that the Seller has informed the Buyer about the possibility of charging an additional commission when the Buyer pays for European orders by the issuer of the Visa, Mastercard, Visa Electron, Mastercard Electro card , Maestro.
TERMS OF DELIVERY OF GOODS
8.1 The Buyer receives the Product by delivery or receives it in person. The procedure for payment and receipt is given on the corresponding page of the Website https://proteininkiev.com/ .
8.2. When delivering the Goods to other cities of Ukraine or on the territory of another country, which is performed by other delivery services (hereinafter Carrier Companies), the Buyer fully and unconditionally agrees to the Rules of cargo transportation by these carrier companies.
8.3. The fact of receiving the Goods and the absence of claims to the quality of the Goods delivered by the carrier companies is confirmed by the Buyer with his own signature on the goods and transport invoice, the declaration of the carrier company or in the delivery invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid for by the Buyer, in completeness according to the specification of the Goods and in proper (working) condition and quality.
8.4. In case of absence of the Buyer at the delivery address indicated by the Buyer in the application or refusal of the Buyer to receive the Goods for unjustified reasons, upon delivery by the Courier of the carrier company, the Goods are returned to the shipping trade center. Payment for the services of the carrier company is deducted from the amount transferred by the Buyer for the Goods. The balance of the amount is returned to the Buyer on the basis of his letter sent to e-mail: proteininkiev@hotmail.com indicating the bank account to which the funds should be returned.
All questions that arose during the process of payment and receipt of the Goods can be clarified by the Buyer using the contact information in the Contacts section.
TERMS OF RETURN OF GOODS
9.1. According to Art. 9 of the Law of Ukraine "On the Protection of Consumer Rights", the Buyer has the right to exchange Goods of proper quality within fourteen days, except for the day of purchase, unless a longer period is announced by the Seller. The buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Product, such return is carried out in accordance with the "Returns" section of the Site, taking into account the rules and conditions of the carrier or courier operating in the territory of Ukraine or in the territory of another country according to the place of purchase of the Product.
9.3. In case of presence of at least one of the listed defects, the Buyer is obliged to record them in a written deed of arbitrary form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, defects should be recorded by means of photo or video recording. Within 1 (one) day, the Buyer is obliged to inform the manager (Seller's representative responsible for placing the order for the Goods) about the discovered defects and agree on the replacement of the Goods, while filling out the complaint form for the return of the Goods on the website https://proteininkiev.com/ .
9.4. The parties agreed that in the event of failure to comply with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in good condition - without any mechanical damage and in full completeness.
RESPONSIBILITY OF THE PARTIES AND RESOLUTION OF DISPUTES
10.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the procedure provided for by this Agreement and current international and Ukrainian legislation.
10.2. In case of disputes related to the implementation of this Agreement by the Parties, with the exception of disputes about the collection of debt from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The claim review period is 7 (seven) calendar days from the date of its receipt. Compliance with the claims procedure is not required for disputes in connection with debt collection from the Buyer.
10.3. All disputes, disagreements or claims arising from this Agreement or in connection with it, including regarding its implementation, violation, termination or invalidity, are subject to resolution in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
FORCE MAJEURE CIRCUMSTANCES
11.1. The parties shall not be liable for failure to perform any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, that is, events or circumstances that are truly beyond the control of such party that occurred after the conclusion of this Agreement, are unpredictable and unavoidable.
Force majeure includes, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, accidents at sea, embargoes, disasters, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.11.2. The Party for which it became impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the aforementioned circumstances, and also provide the other Party with confirmation of the force majeure within 30 (thirty) calendar days. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure circumstances.
11.3. The time required for the Parties to perform their obligations under this Agreement will be extended for any period during which performance was delayed due to the listed circumstances.
11.4. If, due to force majeure, non-fulfillment of obligations under this Agreement continues for more than three months, each Party has the right to unilaterally terminate this Agreement by notifying the other party in writing.
Despite the occurrence of force majeure, before terminating this Agreement as a result of force majeure, the Parties shall make final mutual settlements.
OTHER TERMS OF THE AGREEMENT
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the fulfillment of his Order (providing a message to the seller about the order of the Goods, sending advertising messages, etc.).
12.2. By his own acceptance of the Agreement or registration on the website https://proteininkiev.com/ (filling in the registration form), the Buyer voluntarily gives his consent to the collection and processing of his personal data for the following purpose: the data that become known will be used for commercial purposes. including for processing orders for the purchase of goods, receiving information about the order, sending by telecommunications means of communication (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about the activities of the Web- website https://proteininkiev. com/ .
For the purposes provided for in this clause, The Buyer has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as send SMS messages, make calls to the phone number specified in the application form.12.3. The buyer gives the right to process his personal data, including: to place personal data in databases (without additional notification about this), to carry out lifelong storage of data, their accumulation, update, change (if necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for the specified purposes, and also at the mandatory request of the competent state body).
12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
12.5. The Seller is not responsible for the content and authenticity of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified when placing the order.