Public offer of the online store vitus.net.ua about the sale of the Goods

1. Definitions of Terms

1.1. Public Offer, hereinafter referred to as the «Offer», means a public proposal of the Seller addressed to an indefinite number of persons to conclude with the Seller a distance purchase and sale agreement for goods, hereinafter referred to as the «Agreement», under the terms set out in this Offer.

1.2. Goods or Service means the object of the parties’ agreement, which was selected by the Buyer on the online store website and placed in the cart, or has already been purchased by the Buyer from the Seller remotely.

1.3. Online Store means the Seller’s website at vitus.net.ua created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer’s review of the description of the Goods offered by the Seller via the Internet.

1.4. Buyer means a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the online store website for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.

1.5. Seller means FOP Svashenko Karyna Oleksandrivna, identification code 3820601429, an individual entrepreneur acting in accordance with the current legislation of Ukraine, whose location is: Odesa region, Podilsk, Kuzovkova St. 3,  66304.

2. Subject of the Agreement

2.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

2.2. The date of conclusion of the Offer Agreement, meaning the acceptance of the Offer, and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the date on which the Buyer completes the order form located on the online store website, provided that the Buyer receives order confirmation from the Seller in electronic form. If necessary, at the Buyer’s request, the Agreement may be executed in written form.

3. Placing an Order

3.1. The Buyer independently places an order in the Online Store through the «Cart» form, or by placing an order by email or by phone number specified in the contacts section of the Online Store.

3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts as to its validity.

3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:

3.3.1. surname and first name of the Buyer;

3.3.2. address to which the Goods should be delivered, if delivery is made to the Buyer’s address;

3.3.3. contact phone number.

3.3.4. Identification code for a legal entity or individual entrepreneur.

3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the Online Store website.

3.5. If either Party to the Agreement requires additional information, that Party has the right to request it from the other Party. If the Buyer fails to provide the required information, the Seller shall not be responsible for providing a quality service to the Buyer when purchasing goods in the online store.

3.6. When placing an order through the Seller’s operator, according to clause 3.1 of this Offer, the Buyer undertakes to provide the information specified in clauses 3.3–3.4 of this Offer.

3.7. The Buyer accepts the terms of this Offer by entering the relevant data into the registration form on the Online Store website or when placing an Order through an operator. After an Order is placed through an Operator, the Buyer’s data is entered into the Seller’s database.

3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.

3.9. By concluding the Agreement, that is, by accepting the terms of this offer, meaning the proposed terms for purchasing the Goods, by placing an Order, the Buyer confirms the following:

a) The Buyer has fully and completely read and agrees with the terms of this offer;

b) The Buyer gives permission for the collection, processing, and transfer of personal data. Permission for personal data processing is valid for the entire term of the Agreement, as well as for an unlimited period after its termination. In addition, by concluding the Agreement, the Buyer confirms that they have been informed, without additional notice, of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of enabling the fulfillment of the terms of this Agreement, conducting mutual settlements, and receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer the Buyer’s personal data to third parties without any additional notification to the Buyer for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a personal data subject in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by the Buyer.

4. Price and Delivery of Goods

4.1. Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices for Goods and services on the website are indicated in Ukrainian hryvnias, including VAT.

4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of Goods that has been fully paid for by the Buyer cannot be changed unilaterally by the Seller.

4.3. The cost of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods according to the current rates of delivery services, carriers, directly to the delivery service, carrier, selected by the Buyer.

4.4. The cost of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer’s address.

4.5. The Seller may indicate the estimated cost of delivery of the Goods to the Buyer’s address when the Buyer submits a relevant request to the Seller by email or when placing an order through the online store operator.

4.6. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the funds are received in the Seller’s account.

4.7. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the Online Store website in the «Payment and Delivery» section.

4.8. Upon receiving the Goods, the Buyer must, in the presence of a representative of the delivery service, carrier, check the conformity of the Goods with qualitative and quantitative characteristics: product name, quantity, completeness, and expiration date.

4.9. The Buyer or the Buyer’s representative, during acceptance of the Goods, confirms by their signature on the sales receipt and/or order and/or transport consignment note for delivery of the goods that they have no claims regarding the quantity of the goods, appearance, and completeness of the goods.

4.10. Ownership rights and the risk of accidental loss or damage to the Goods pass to the Buyer or the Buyer’s Representative from the moment the Goods are received by the Buyer at the place of delivery of the Goods in the case of independent delivery of the Goods from the Seller, or at the moment the Seller transfers the goods to the delivery service, carrier, selected by the Buyer.

5. Rights and Obligations of the Parties

5.1. The Seller is obliged to:

5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.

5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except in cases provided by law and during the fulfillment of the Buyer’s Order.

5.2. The Seller has the right to:

5.2.1. Change the terms of this Agreement, as well as prices for Goods and services, unilaterally by posting them on the Online Store website. All changes come into force from the moment of their publication.

5.3. The Buyer undertakes to:

5.3.1. Before concluding the Agreement, review the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Online Store website.

5.3.2. In order for the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary data that clearly identifies the Buyer and is sufficient for delivery of the ordered Goods to the Buyer.

6. Return of Goods

6.1. The Buyer has the right to return to the Seller a non-food product of proper quality if the product did not satisfy the Buyer in terms of shape, dimensions, style, color, size, or for other reasons cannot be used by the Buyer for its intended purpose. The Buyer has the right to return a product of proper quality within 14 (fourteen) days, excluding the day of purchase. Return of a product of proper quality is carried out if it has not been used and if its marketable appearance, consumer properties, packaging, seals, labels, and the payment document issued to the Buyer for payment of the 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.

6.2. The refund of the cost of a product of proper quality to the Buyer is made within 30 (thirty) calendar days from the moment such Goods are received by the Seller, provided that the requirements set out in clause 6.1 of the Agreement and current legislation of Ukraine are met.

6.3. The cost of the goods shall be refunded by bank transfer to the Buyer’s account.

6.4. Return of the Goods of proper quality to the Seller’s address is carried out at the Buyer’s expense and is not reimbursed by the Seller to the Buyer.

6.5. In case of discovering defects in the Goods during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to make claims to the Seller as provided by the Law of Ukraine «On Consumer Rights Protection». When submitting claims for free elimination of defects, the time limit for their elimination is calculated from the date the Seller receives the Goods into its possession and obtains physical access to such Goods.

6.6. Consideration of claims provided by the Law of Ukraine «On Consumer Rights Protection» is carried out by the Seller provided that the Buyer submits the documents required by current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after the Goods were transferred to the Buyer as a result of the Buyer’s violation of the rules for use or storage of the Goods, actions of third parties, or force majeure.

6.7. The Buyer has no right to refuse a product of proper quality that has individually defined properties if the specified product can be used exclusively by the Buyer who purchased it, including non-standard sizes, characteristics, appearance, configuration, and other features at the Buyer’s request. Confirmation that the product has individually defined properties is the difference in the sizes of the product and other characteristics indicated in the Online Store.

6.8. Return of the goods in cases provided by law and this Agreement is carried out at the address indicated on the website in the «Contacts» section.

7. Liability

7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.

7.2. The Seller is not responsible for improper or untimely fulfillment of Orders and its 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 shall be released from liability for full or partial failure to fulfill their obligations if such failure is the result of force majeure circumstances such as war or military actions, earthquake, flood, fire, and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that is unable to fulfill its obligations shall immediately notify the other Party thereof.

8. Confidentiality and Personal Data Protection

8.1. By providing personal data on the Online Store website during registration or placing an Order, the Buyer gives the Seller voluntary consent to process, use, including transfer, their personal data, as well as to perform other actions provided by the Law of Ukraine «On Personal Data Protection», without limitation of the term of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to contractors and third parties acting on the basis of an agreement with the Seller, including for the purpose of fulfilling obligations to the Buyer, as well as in cases where disclosure of such information is required by current legislation of Ukraine.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to outdated information about the Buyer or its inconsistency with reality.

9. Other Terms

9.1. This Agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If the disputed issue cannot be settled through negotiations, the Buyer and/or the Seller have the right to apply to the judicial authorities for dispute resolution in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to amend this Agreement unilaterally in the manner provided for in clause 5.2.1 of the Agreement. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in accordance with the procedure provided by the current legislation of Ukraine.