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Offer Agreement

Preamble

This agreement is an official and public offer of the Seller to conclude a contract for the sale of Goods presented on the website www.vitarisnutritionlabs.com.ua. This agreement is public, which means that in accordance with Article 633 of the Civil Code of Ukraine, its terms are identical for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the Buyer declares that they are familiar with and agree to the terms of use of the Site in full, the procedure for placing an order, payment, delivery, and return of goods, responsibility for an unscrupulous order, and all other terms of the agreement. The Agreement is considered concluded from the moment the “Place Order” button is pressed on the “Cart” page or the “Buy in 1 click” button under the product name is pressed, and the Buyer receives an order confirmation from the Seller.

This Public Offer is binding on the parties. In case of your disagreement with the terms of this Public Offer, you must refrain from using the website www.vitarisnutritionlabs.com.ua.

1. DEFINITION OF TERMS

Administration — the administration of the website www.vitarisnutritionlabs.com.ua, FOP Sayenchuk Bohdan Anatoliyovych, registered in Ukraine, located at: 03164, Kyiv, Klavdiivska St. 40D.

Acceptance — the Buyer’s full and unconditional consent to the Seller’s offer to purchase the Goods placed on the Site by adding them to the virtual cart and sending the Order.

Order — a properly completed and placed request of the Buyer (filled in the relevant fields on the website on the “Order Form” page), addressed to the Seller, with a proposal to sell the list of Goods selected on the website, indicating their quantity.

User — an individual who uses this site and/or its individual tools, who has agreed to the terms of the Public Offer and fulfilled all its conditions described below.

Buyer — a registered User/User who places an Order and intends to acquire/purchase goods offered for sale by the Seller and presented on the Seller’s website and has reached the age of 14 at the moment of placing the Order.

Seller — FOP Sayenchuk Bohdan Anatoliyovych (TIN 2989703551, 03164, Kyiv, Klavdiivska St. 40D).

Offer — information about the product placed by the Seller on the website, which includes information about the product, its price, payment and delivery methods, information about discounts and promotional offers for the product, as well as other conditions for purchasing the product. The terms of the Offers placed on the site are established by the Seller. The Offer is information about possible conditions for purchasing the product.

Public Offer (hereinafter – Offer) — a public proposal of the Seller addressed to an indefinite circle of persons to conclude a contract for the sale of goods by remote means (hereinafter — the “Agreement”) on the terms contained in the Offer.

Public Contract of Sale (hereinafter – Agreement) – this agreement, a sample of which is placed on the Site and according to which the Seller undertakes to sell goods to everyone who applies to them, and the application of which is mandatory for the Parties.

Seller’s Site — a website having the address on the Internet www.vitarisnutritionlabs.com.ua, on separate pages (sections) of which information about the Seller, legal address, Seller’s operating hours, an option for consultation by a Seller’s specialist, information about pharmaceutical products available for order, sale, delivery, indicating their current price, as well as the full name of the pharmaceutical product, information about the manufacturer, storage conditions, instructions for medical use according to Technical Specifications (TU) data, information on the terms of sale of pharmaceutical goods, payment for pharmaceutical goods, their cost, terms, conditions and cost of delivery, the procedure and validity periods of the retail purchase and sale agreement for pharmaceutical goods, promotions and discounts on pharmaceutical goods, conditions for returning pharmaceutical goods, rules (terms) of registration, ordering, loyalty programs, etc., through which the User has the opportunity to purchase the desired product.

Goods — pharmaceutical goods and other goods of the pharmacy assortment, information about the sale of which is placed on the Internet on the site: www.vitarisnutritionlabs.com.ua (Seller’s site).

2. GENERAL PROVISIONS

2.1. This Agreement, in accordance with Articles 633, 641, and Chapter 54 of the Civil Code of Ukraine, is a Public Contract (offer) and is addressed to an indefinite circle of individuals wishing to purchase Goods, information about which is contained on the Site. Since this Agreement is a public offer, by accessing the Site’s materials and placing an order, the User/Buyer is considered to have joined this Agreement.

2.2. The Site is a platform for placing offers for the sale of Goods by the Seller. The terms of this Agreement are identical for all Buyers.

2.3. With full agreement with this Agreement, the Buyer accepts the terms and procedure for placing an Order, payment, delivery, and return of the Goods, responsibility for an unscrupulous order, and non-fulfillment of the terms of this Agreement.

2.4. Information about the goods is displayed on the Site and is dynamic. This means that the information can be updated, changed, and supplemented by the Administration at any time without prior notice to the User. Defined changes take effect after their publication on the Site and apply to any Order made after their publication.

2.5. Information about the Seller’s Goods, conditions of purchase, prices, and any other information of the Seller is accurately displayed on the Site.

2.6. This Agreement may be concluded by a person possessing full legal capacity and competence, who uses this Site and/or its individual tools, who has agreed to the terms of this Agreement and fully assumes the obligations arising from the use of the Site and the conclusion of this Agreement.

2.7. The date of conclusion of this Agreement (acceptance of the offer) and the moment of full and unconditional acceptance of the terms of the Agreement by the Buyer is considered the date of confirmation of the Order and the Buyer’s receipt from the Seller of the Order confirmation in electronic form (by e-mail, mobile application, text message application, etc.). The Agreement is valid until the Buyer receives the Goods and full settlement with the Seller.

2.8. Sufficient evidence of the acceptance of the offer by the Buyer is the confirmation of the order by the Buyer, actual payment for the Goods, and receipt of them by the Buyer.

2.9. Information about the Goods is placed directly on the Site; in addition, upon receipt of the Goods, before signing documents confirming the receipt of the Goods, the Buyer is obliged to familiarize themselves with the information about the Goods contained on the Goods and/or packaging and/or in the accompanying documents.

2.10. FOP Sayenchuk Bohdan Anatoliyovych (TIN 2989703551, 03164, Kyiv, Klavdiivska St. 40D) has all the rights to use intellectual property objects on the Site. Use of text and photo/video materials of the Site is possible only with the permission of the Site Administration.

3. SUBJECT OF THE AGREEMENT

3.1. In the manner and on the terms determined by this Agreement, the Seller undertakes to transfer to the ownership of the Buyer the Goods ordered by them, and the Buyer undertakes to accept and pay for the Goods on the terms and in the manner determined by this Agreement and the Order.

3.2. This Agreement regulates the purchase and sale of Goods on the Site, including regarding:

  • voluntary selection of Goods by the Buyer on the Site;
  • independent placement of an order by the Buyer on the Site;
  • methods of payment by the Buyer for the ordered Goods;
  • selection of the most convenient method of receiving the ordered Goods (self-pickup from a pharmacy, delivery by courier) taking into account the restrictions defined by Section 6 of this Agreement.

3.3. The Buyer is obliged to independently familiarize themselves with the terms of this Agreement when placing an Order on the Site, and the Seller is not obliged to additionally or in any other way inform the Buyer about the existence of this Agreement, except for publishing it on the Site.

4. ORDERING PROCEDURE

4.1. Ordering of Goods is possible on the website or by the hotline phone number.

4.2. To place an Order, the Buyer is obliged to provide the following information:

  • data about the customer of the Goods (surname, first name, patronymic (if any), delivery address, e-mail address (if any), phone number;
  • delivery method.

4.3. By clicking the “Order” button, the Buyer confirms that they are familiar with:

  • the terms of this Agreement, and all actions that will be performed by them will not contradict the terms of this Agreement;
  • received all necessary, available, reliable, and timely information about the Goods chosen by them, which fully ensured the possibility of a conscious choice of the Goods. Given the specifics of the visual display of various Goods on the monitor screen (mobile device), some colors may slightly differ from the colors of real Goods.

4.4. The term for processing and confirming the Order for Goods is up to 2 (two) working days from the date of placing the Order.

4.5. The Order is considered accepted for execution after the Buyer receives the Order confirmation in electronic form (to e-mail, mobile application, text message application, phone call, etc.) indicating the number and amount of the Order.

4.6. In case the Seller is unable to fully confirm the Buyer’s Order, the Call Center operator may contact the Buyer at the phone number provided during ordering to adjust the Buyer’s Order.

4.7. The Seller has the right to reject the Order in case of actual absence of the Goods in stock, by sending an electronic notification or making a phone call to the Buyer. In this case, the rights and obligations of the Parties related to the sale, delivery, and transfer of the ordered Goods to the Buyer and payment for them to the Seller provided for in this Agreement shall terminate, and the cost of the Goods, in case of payment for them, shall be returned to the Buyer.

4.8. In case the Seller is unable to confirm the Buyer’s Order due to an incorrectly specified e-mail address and/or phone number, the Seller has the right to reject such unconfirmed Order.

5. COST AND PAYMENT TERMS

5.1. The price of the Goods is indicated on the Site at the time of placing the Order and does not include delivery costs. The price of the Agreement is equal to the price of the Order and is determined by the sum of all Goods specified in the Order.

5.2. The Seller has the right to unilaterally change the price of the Goods without prior notice. The Seller does not have the right to change the price of the ordered Goods after the Order has been accepted by the Seller and the Buyer has received the Order confirmation, or the Buyer has settled for the Goods.

5.3. The cost of the Goods is paid in the national currency of Ukraine — Hryvnia.

5.4. The Buyer can pay for the ordered Goods in cash or by bank card directly at the pharmacy institution upon receipt of the Goods by self-pickup and in case of delivery by courier.

5.5. Discounts/promotions are not cumulative with other discounts/promotions and discounts by promo code. The discount by promo code does not apply when purchasing a gift certificate.

5.6. A gift certificate can be used to pay for any product on the site except for gift certificates.

5.7. The Goods must be fully paid for before being handed over to the Buyer. The Order is considered paid from the moment the payment is received in the Seller’s settlement account or cash is deposited into the cash register. The fact of paying for the Order indicates the Buyer’s agreement with the terms of this Agreement.

5.8. In case the Order is canceled by the Buyer or rejected by the Seller, the paid cost of the Goods is subject to refund.

6. DELIVERY OF GOODS

6.1. Delivery of Goods is carried out throughout the territory of Ukraine;

6.2. Delivery of ordered Goods is carried out according to the conditions and methods specified on the site in the “Delivery” section, namely:

  • delivery by Nova Poshta to branches and post machines specified by the Buyer when placing the order;
  • address delivery by courier. In the order form, when selecting courier delivery, it is necessary to correctly and fully specify the delivery address. Courier delivery terms, as well as the list of cities where courier delivery is active, are indicated on the site in the “Delivery” section;

6.3. The Seller makes every effort to comply with the delivery terms indicated on the Site; however, delivery delays are possible due to unforeseen circumstances that are beyond the Seller’s control (force majeure circumstances). The Seller informs the Buyer in case of force majeure circumstances and agrees on new delivery terms by e-mail or telephone communication.

6.4. The moment of receipt of the Goods by the Buyer is the signing by the Buyer of a document confirming the fact of acceptance of the Goods ordered by them (consignment note, acceptance certificate, declaration for forwarding, etc.) or the actual receipt of the Goods by the Buyer and the performance of actions indicating acceptance of the Goods.

6.5. The Buyer has the right to break the integrity of the Goods’ packaging and inspect the Goods.

6.6. The Buyer has the right to refuse the delivered Goods at the time of receipt and has the right to demand a refund from the Seller if:

  • the primary and/or secondary packaging of the goods is damaged;
  • the expiration date of the product has passed;
  • the authorized body has published a ban on the sale and use of the product;
  • the delivered order does not correspond to the ordered one in quantity or composition, name, dosage, release form, price.

6.7. Along with the Goods, the Seller undertakes to transfer to the Buyer a settlement document (receipt, sales receipt, fiscal receipt).

6.8. Ownership of the Goods passes to the Buyer only after full payment for the Goods by the Buyer.

6.9. The Seller may limit the possibility of using some of the delivery methods for certain Goods when placing an Order.

7. WARRANTY TERMS

7.1. Subject to compliance with the requirements for proper operation and storage conditions of the Goods by the Buyer, the Seller guarantees the high quality of the Goods during the warranty period (shelf life).

7.2. The warranty period (shelf life) for the Goods is established by the manufacturer (supplier) and/or legislation.

7.3. The warranty period is calculated from the date of transfer of the Goods to the Buyer or from the date of manufacture of the Goods.

7.4. The warranty is not valid in cases:

  • violation of the rules of operation, storage of the Goods, use for other than intended purpose;
  • absence of documents confirming the purchase of the Goods.

7.5. Information on the quality of the Goods, the procedure for tracking expiration dates, and monitoring compliance with the temperature regime for storing Goods is posted on the Site in the “Product Quality” section.

8. RETURN OF GOODS

8.1. In case the Goods do not meet the Buyer’s expectations, they have the right to return the purchased Goods of proper quality within 14 (fourteen) calendar days from the day of receipt, subject to the conditions provided by the Law of Ukraine “On Protection of Consumer Rights”.

8.2. Goods of proper quality determined by the Resolution of the Cabinet of Ministers of Ukraine “On the Implementation of Certain Provisions of the Law of Ukraine ‘On Protection of Consumer Rights’” dated March 19, 1994, No. 172 are not subject to return, including but not limited to:

  • medicines and products (except for cases specified in paragraph 6.7 of this Agreement), food products;
  • hygiene items;
  • light-sensitive goods;
  • toothbrushes;
  • corset goods;
  • goods in aerosol packaging;
  • hosiery products;
  • goods for infants (diapers, pacifiers, feeding bottles, etc.).

8.3. To effect a return of the Goods, the Buyer must report this by calling the appropriate hotline number indicated on the Site.

8.4. The returned Goods must have a marketable appearance, labels, tags, and packaging with a barcode must be preserved, and the Goods must not have traces of use, etc.

8.5. When returning (sending via delivery service) Goods supplied in individual packaging (manufacturer’s packaging), it is necessary to pack such Goods additionally. The Seller has the right to refuse to accept the returned Goods if they were packed improperly, as a result of which traces and/or damage remained on them (on the individual packaging) (including those arising during transportation (scratches, dents, markings, additional fixation of cargo and/or accompanying documents with tape, etc.)) — as Goods whose marketable appearance was not preserved by the Buyer.

8.6. The return of Goods of improper quality is carried out during the established warranty period for this type of Goods, in the manner and within the time limits established by legislation, accompanying documents for the Goods and/or specified by the Supplier when providing information about the Goods, as well as the document confirming payment for the Goods.

8.7. In case of detection during the warranty period of significant defects that arose through the fault of the manufacturer of the Goods or due to their improper quality, confirmed if necessary by an expert conclusion, the Seller, in the manner and within the time limits established by legislation and based on rules mandatory for the Parties and/or this Agreement, returns to the Buyer the monetary amount paid for the Goods.

8.8. The Buyer’s requirements must be presented by sending a written application to the Seller’s address. The Buyer must attach a settlement document for the returned Goods to the application.

8.9. If along with the Goods the Buyer was provided with a technical passport, warranty card, or other document, the Buyer’s requirements are considered by the Seller only upon provision of the specified documents.

8.10. The Seller has the right to refuse to accept Goods sent by the Buyer without providing the above documents, as well as not to consider the Buyer’s application (claim) until the deficiencies committed by them are eliminated. In case the Buyer does not send the specified documents within 1 (one) month, the Seller’s obligations to ensure the preservation of such sent Goods terminate, and they have the right to dispose of the Goods at their discretion without any compensation to the Buyer. The Seller is not obliged to perform the return shipment of Goods for which the application is improperly completed and proper documents are not provided.

8.11. The Buyer’s requirements are not subject to satisfaction if the Seller proves that the defects of the Goods arose as a result of the Buyer’s violation of the rules for using the Goods, conditions of their storage, or conditions of their return.

8.12. The Buyer’s requirements are considered within 14 (fourteen) working days from the moment of their receipt.

9. ACCESS TO THE SITE

9.1. The Administration makes all possible efforts to ensure the proper functioning of the Site, but is not responsible for non-performance or improper performance of obligations provided for by this Agreement, as well as for damage caused in connection with this, as a result of, but not limited to: illegal actions of third parties; failures in the Site’s operation caused by errors in the code, computer viruses, and other third-party code fragments in the Site’s software; lack of Internet connections between the User’s device and the Site server, as well as between the Site server and the Internet; performance of operational measures by state bodies and other properly authorized organizations affecting the operation of the Site; execution of Site software updates; under an applicable and effective decision of authorized state authorities.

9.2. To prevent unauthorized automatic scanning of the Site, as well as to prevent the use of the Site for fraudulent actions and in case of reasonable suspicion of abuse by the User regarding the use of the site, the Administration reserves the right to: block access to the Site; cancel all purchases made using unauthorized access; collect compensation for damages caused by the use of unauthorized access to the Site; block the use of the Loyalty Program.

9.3. An account on the Site implies the possibility of its use exclusively by one Site User. Transfer of Account data to third parties is not allowed. In case of detection of facts of transfer of Account data to third parties or facts of collective use of the Account, the Administration has the right to block this Account and cancel purchases made using such an Account.

10. RESPONSIBILITY OF THE PARTIES

10.1. The Seller is not responsible for the Buyer’s choice of Goods; the Seller only guarantees the conformity of the Goods according to the Buyer’s Order.

10.2. The Buyer/User of the Site agrees and guarantees not to perform any actions that may be considered a violation of Ukrainian legislation or norms of international law, including in the field of intellectual property, copyright, and/or related rights, as well as any actions that lead or may lead to a violation of the normal functioning of the Site and its services.

10.3. The Buyer/User is obliged to timely inform the Site Administration about unauthorized access to the User/Buyer’s Personal Account by third parties. To inform, the Buyer/User must call the hotline number indicated on the Site.

10.4. The User/Buyer is prohibited from offering or using information placed on the Site for commercial purposes without the written consent of its authors/right holders and the Site Administration. Use of Site materials without the written consent of the Administration is not allowed. With agreed citation of Site materials, a link to the Site is mandatory.

10.5. Comments and other entries of the User/Buyer on the Site must not contradict the requirements of the legislation of Ukraine and generally accepted norms of ethics and morality.

10.6. The User/Buyer is responsible for the accuracy of the data specified in the registration form and the Order form. If incorrect, inaccurate, and/or wrong data specification in the Order led to additional expenses for the Seller related to the delivery of the Goods to the wrong address or issuance of the Goods to a third party, all related losses and expenses are borne by the User/Buyer. The Seller has the right to withhold the amount of such losses or expenses from the amounts paid by the Buyer as payment for the Goods.

10.7. Responsibility for money transfers made by the Buyer lies entirely with the banking institutions and payment systems whose services the Buyer decides to use. The Seller does not take responsibility for their actions.

10.8. The Site Administration is not responsible for the work of Internet providers, processing centers, payment systems, communication operators, banking institutions, payment services Visa, LiqPay, as a result of which necessary information or data was not received or was received with a delay, was lost or damaged. Any claims and disputes regarding the execution of payments and receipt of refunds are sent by the Buyer to such a self-selected company.

10.9. The only remedy provided to the Buyer in case of non-conformity of the actual sales conditions to this Agreement is granting the Buyer the right to refuse to receive the relevant Goods and demand a refund of the price paid for them. The Buyer has the right to exercise this right until the moment of signing the documents confirming the receipt of the Goods.

10.10. The responsibility of the Site Administration cannot exceed the cost of the Goods purchased on the Site and does not include any lost profit, indirect losses, or damage caused to third parties.

10.11. The Seller is not responsible for the actions of companies providing delivery of the Goods to the Buyer, including delivery terms, as well as for preserving the integrity of the goods during transportation by delivery services.

10.12. The Seller’s responsibility for changes in the terms of offering for sale and selling the Goods is limited to the Buyer’s right to refuse to purchase the Goods and demand a refund of the funds paid for them.

11. DISPUTE RESOLUTION. APPLICABLE LAW

11.1. This Agreement is drawn up in accordance with the legislation of Ukraine.

11.2. The Parties confirm that if any term of this Agreement becomes or is recognized invalid due to non-compliance with the Law, this term will not be taken into account, or the Parties will take measures to change the Agreement to the extent necessary to make the Agreement valid and preserve in full the intentions of the Parties regarding the purchase/sale of the Goods.

11.3. The Parties make efforts to resolve disputes through negotiations. In case of failure to reach an agreement between the Parties, the dispute is submitted for consideration to the court according to the jurisdiction and venue established by current legislation.

12. PERSONAL DATA

12.1. Information specified by the User/Buyer in the registration form and when placing an Order without registration on the Site (Full Name, mobile phone number, e-mail, postal address, etc.) is their personal data. The User’s personal data is confidential information; the collection and further processing of personal data is carried out by the Administration in accordance with the Law of Ukraine “On Personal Data Protection” and other regulatory legal acts of Ukraine. The source of collection of personal data is information directly and voluntarily provided by the User.

12.2. By agreeing to this Agreement, the User/Buyer:

  • voluntarily grants the Administration the right to process (within the meaning given in Article 2 of the Law of Ukraine “On Personal Data Protection”) their personal data specified in the registration form, Order of Goods;
  • confirms that they are familiar with the rights defined by Article 8 of the Law of Ukraine “On Personal Data Protection”;
  • is informed about the purpose of personal data processing;
  • gives consent to receive advertising and special offers, information bulletins, information about promotions, giveaways, and other information about the Administration’s activities by mail, e-mail, telephone, SMS, Viber-messages. If the Buyer wishes to unsubscribe from the mailing of messages related to this Agreement/Site, they must call the hotline number indicated on the Site with a request to unsubscribe. The request will be executed within two working days from the moment of its receipt.

12.3. The owner of the personal data provided by the User is FOP Sayenchuk Bohdan Anatoliyovych, registered at: 03164, Kyiv, Klavdiivska St. 40D.

12.4. In case of changes to their personal data, the User must make changes to the relevant section of the User’s Account on the Site. In case of non-fulfillment of this requirement by the User/Buyer, the Administration is not responsible for adverse consequences related to the use of outdated data.

12.5. The User/Buyer immediately after registration or at any other time can establish a ban (restriction) on the use of their personal data. To do this, the User must call the hotline number indicated on the Site with the relevant message.

12.6. Access to personal data is granted exclusively to authorized persons of the Administration and the User themselves, and these data may also be provided upon request of law enforcement and/or other bodies in accordance with current legislation.

13. OTHER CONDITIONS

13.1. All rules and conditions for performing/executing individual actions/operations placed in the relevant sections of the Site are integral parts (as Appendices) of this Agreement, defining obligations for both Parties. If the conditions fixed in the text of this Agreement and the conditions specified in its Appendices (site sections) differ, the Parties are guided by the conditions defined in the Appendices. The sale of Goods by the Seller to the Buyer is regulated by this Agreement, as well as the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Protection of Consumer Rights”, Rules for Sale of Goods by Order and outside Trade or Office Premises, and other legislative acts in the part that does not contradict the specifics of electronic commerce.

13.2. The Administration has the right to change the text of this Agreement and/or Appendices without prior notice. Changes to this Agreement take effect after their publication and apply to any Order made after their publication.

13.3. The Buyer agrees that all messages, data, or other information provided in electronic form have legal force and are equal to documents drawn up in writing.

14. SELLER’S REQUISITES

FOP Sayenchuk Bohdan Anatoliyovych
Location: 03164, Kyiv, Klavdiivska St. 40D
Mailing address: 03164, Kyiv, Klavdiivska St. 40D
TIN Code 2989703551
IBAN – UA38 305299 00000 26002045028598 in JSC CB “PRIVATBANK”