Vitberry Public Offer Agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers regardless of status (individual, legal entity, individual - entrepreneur). In full agreement with this Agreement, the buyer accepts the terms and conditions and procedure of order placement, payment for goods, delivery of goods, and responsibility for bad faith order and failure to fulfill the terms of this agreement (Vitberry Public Offer Agreement).
This text is an agreement between the online store Vitberry.com.ua, hereinafter referred to as "Online Store", and the user of the services of the online store, hereinafter referred to as "Buyer" and defines the terms of purchase of goods through the site of the online store.
1. Subject of the Contract
The present Agreement regulates the purchase and sale of goods on the site Vitberry.com.ua including:
- voluntary choice of goods in the online store by the Buyer;
- independent order placement by the Buyer in the online store;
- payment by the Buyer of the order placed in the online store;
- processing and delivery of the order to the Buyer on the terms and conditions of this Agreement.
2 Terms and definitions
2.1 "Goods" - a list of items of the assortment presented in the online store.
2.2 "Catalog" - information about the goods placed on the web-site of the Internet-shop
2.3 "Place an order" - the Buyer's decision to purchase a product placed in the online store.
2.4 "Buyer" - any natural person who has accepted the public offer on the terms of this offer.
2.5. "Seller" - a company that sells goods presented on the website of the online store.
3. Order placement procedure
3.1 The Buyer has the right to place an order for any product presented on the Website of the Online Store and available.
3.2 Each item can be presented in the order in any quantity.
3.3 In case of stock out, the Manager of the Online Shop is obliged to inform the Buyer about it (by phone or e-mail).
3.4 In the absence of goods, the Buyer has the right to replace it with a product of a similar model, to refuse this product, to cancel the order.
4. Cost and payment procedure for the order (Vitberry Public Offer Agreement)
4.1 The order amount consists of the price of the Goods ordered.
4.2 The price of the Goods is indicated on the website of the online store. If the price of the Goods ordered by the Buyer is incorrect, the Seller informs the Buyer to confirm the Order at the corrected price or cancel the Order. If it is impossible to contact the Buyer, the Order is considered canceled.
4.3 The price of the Goods on the Website may be unilaterally changed by the Seller. In this case, the price of the Goods ordered by the Buyer is also subject to change.
4.4 The Seller has the right to provide discounts on the Goods and establish a bonus program. Types of discounts, bonuses, procedure and conditions of accrual are specified on the Website and may be unilaterally changed by the Seller.
4.5 The Buyer shall pay for the order by any method selected in the online store within 3 days, starting from the day of agreement on the cost and range of goods, in the amount of 100% prepayment or cash on delivery.
4.6 The cost of delivery of the order is paid by the Buyer himself upon receipt of the order and is determined by the tariffs of carriers (third parties), unless free delivery is provided.
5. Delivery of the order (Vitberry Public Offer Agreement)
5.1 The Buyer receives the Goods by delivery or receives them personally. The methods as well as approximate delivery time of the Goods are indicated on the website of the Online Shop in the section "Delivery and Payment"
5.2 The Seller is not responsible for the delivery time of the order, in case the delivery is agreed and depends on the actions of third parties (carriers). Employees of the online store, at the request of the Buyer can tell the Buyer the approximate cost of delivery for informational purposes only.
5.3 The risk of accidental damage to the Goods passes to the Buyer from the moment the Order is handed over to the Buyer and the Recipient of the Order signs the documents confirming the delivery of the Order.
5.4 The cost of delivery of each Order shall be calculated individually based on the weight of the Goods, region and method of delivery.
5.5 The Seller's obligation to deliver the Goods to the Buyer shall be deemed fulfilled at the moment when the Buyer receives the shipment.
5.6 The procedure of delivery and opening of the Consignments containing the Goods shall be determined by the applicable postal regulations.
5.7 Upon acceptance of the Order, the Recipient shall inspect the delivered Goods and check their compliance with the declared quality, assortment and completeness of the Goods, as well as check the service life of the delivered Goods and the integrity of the packaging. If there are no claims to the delivered Goods, the Recipient shall sign in the "Order Delivery Form". The signature in the delivery documents indicates that the Recipient has no claims to the Goods and the Seller has fully and properly fulfilled its obligation to deliver the Goods.
5.8 The User understands and agrees that delivery is a separate service that is not an integral part of the Goods purchased by the Buyer.
5.9 Claims to the quality of the purchased Goods, arising after receipt and payment for the Goods, shall be considered in accordance with the Law of Ukraine "On Protection of Consumer Rights" and warranty obligations of the Seller.
5.10 When ordering bulk quantities, terms and methods of delivery are agreed upon separately in each case.
5.11 Order shipment is carried out not later than 3 working days after receipt of prepayment or order placement with payment upon receipt. In case of impossibility to send the order within the established term the Seller is obliged to notify the Buyer about it.
6. Procedure for return and exchange of goods (Vitberry Public Offer Agreement)
6.1 Return of Goods of proper quality
6.1.1 The return of Goods of proper quality is possible within 14 days from the moment of receipt, if the goods have not been used, if they have not been damaged, if they have retained their trade dress, consumer properties, seals, labels, as well as if the settlement document issued to the Buyer together with the sold goods has been retained. The shipping of the returned goods shall be at the Buyer's expense.
6.1.2 The Goods shall not be exchanged if the Goods are food grade and all expiration dates have been met.
6.1.3 If the Buyer rejects the Goods in accordance with clause 8.2.1, the Seller shall refund the cost of the returned Goods within 30 days from the date of receipt of the returned Goods at the warehouse. The Seller reserves the right to refuse to refund the Buyer.
6.2 Return of the Goods of improper quality:
6.2.1 Improper Quality Goods means Goods that are defective and cannot provide fulfillment of their functional qualities. The received Goods must correspond to the description on the Website. Difference from the design, decoration or color elements stated in the description on the Website is not a sign of poor quality or dysfunction of the Goods.
6.2.2 The appearance and completeness of the Goods, as well as the completeness of the entire Order, shall be checked by the Recipient at the time of delivery of the Goods.
6.2.3 The Seller shall not be liable for any defects of the Goods if they occurred after their delivery to the Buyer as a result of the Buyer's violation of the rules of use or storage of the Goods, actions of third parties, or force majeure.
6.3 If the Buyer refuses the parcel, the shipment is returned to the sender, i.e. the online store. Payment for the return parcel is paid by the online store.
6.4 The exchange of goods occurs in the following order: sending the buyer the goods to be exchanged, receiving the goods at the seller's warehouse and sending the seller the goods for exchange
7. Rights and obligations of the parties (Vitberry Public Offer Agreement)
7.1 The Buyer has the right to:
- place an order in the online store;
- execute an electronic contract;
- demand from the Seller to fulfill the terms and conditions of this Agreement.
7.2 The Seller has the right to unilaterally terminate the provision of services under this Agreement if the Buyer violates the terms and conditions of this Agreement.
7.3 The Buyer shall be obliged to timely pay for and receive the order under the terms of this Agreement.
8. Liability of the Parties (Vitberry Public Offer Agreement)
8.1 The parties are responsible for non-fulfillment or improper fulfillment of the terms and conditions of this agreement in the manner prescribed by this agreement and the current legislation of Ukraine.
8.2 The Seller is not responsible for:
8.2.1 Changed by the manufacturer appearance of the goods, color and configuration.
8.2.2 For a slight discrepancy in the color scheme of the goods, which may differ from the original goods solely due to the different color transmission of personal computer monitors of individual models.
8.2.3 For the content and truthfulness of the information provided by the Buyer when placing an order.
8.2.4 For delays and interruptions in the provision of Services (order processing and delivery of goods), which occur for reasons beyond his control.
8.2.5 For unlawful illegal actions committed by the Buyer using this Internet access.
8.2.6 For the transfer by the Buyer of his network identifiers - IP, MAC-address, login and password to third parties.
8.3 The Buyer, using the access to the Internet provided to him, is independently liable for any damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles of morality.
8.4 In case of force majeure circumstances, the parties shall be released from fulfillment of the terms and conditions of this agreement. For the purposes of this Agreement, force majeure circumstances shall mean events of extraordinary, unforeseeable nature, which exclude or objectively prevent the fulfillment of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
8.5 The Parties shall make every effort to resolve any disagreements exclusively through negotiations.
8.6 The online store is not liable, cannot act as a defendant in court and does not reimburse losses incurred by the Buyer due to the actions or omissions of third parties.
8.7 The Seller is not liable for any damage caused to the Buyer due to improper use of the Goods purchased from the Online Shop.
9. Contract Term
The Agreement shall be deemed concluded and shall come into force from the moment of clicking the FORM the ORDER button on the order placement page and confirming the purchase and shall be valid until the fulfillment of all the terms and conditions of the Agreement.
10. Other terms and conditions
10.1 The online store reserves the right to unilaterally amend the present contract
10.2 In case of questions and claims from the User/Buyer, he/she should contact the Seller by phone or other available means. All disputes the parties will try to resolve through negotiations, in case of failure to reach an agreement the dispute will be referred to the judicial body in accordance with the current legislation of Ukraine.
10.3 Recognition by the court of invalidity of any provision of this Agreement shall not entail invalidity of other provisions.
10.4 The Buyer shall be responsible for the accuracy of the information specified when placing an order. At the same time, when making an acceptance (placing an order and subsequent payment for goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage, use of his personal data, in the understanding of the Law of Ukraine "On Protection of Personal Data".
10.5 The Buyer's payment for the order placed in the online store means the Buyer's full consent to the terms of the contract of sale (public offer)
10.6 The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Article 11 of the Law of Ukraine "On Electronic Commerce"
10.7 The use of the Internet-shop resource for previewing the goods, as well as for placing an order for the Buyer is free of charge.
10.8 The information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the purposes of order processing, sending messages to the Buyer, delivery of goods, making mutual settlements, etc. The online store uses the information about the Buyer.
Vitberry public offer agreement