PUBLIC OFFER TO CONCLUDE AN AGREEMENT ON THE PROVISION OF INFORMATION AND/OR CONSULTING SERVICES
Anna Lorenzi (hereinafter referred to as the “Contractor”), represented by individual entrepreneur Anna Romanivna Tyutyunnyk, number of the Unified State Register of Enterprises and Organizations of Ukraine 3319807741, offers an unlimited number of individuals to conclude this Service Agreement (hereinafter referred to as the “Agreement”) on the following terms and conditions:
1. TERMS AND GENERAL PROVISIONS
1.1 Product – cosmetic product (including, but not limited to vegan collagen) offered by the Seller for sale through the website https://vegan-collagen.com.ua (hereinafter referred to as the “Seller’s Website”).
1.2 Public Offer – the Seller’s offer set forth on the Seller’s Website, addressed to an unlimited number of individuals to enter into this Agreement on certain terms. This Agreement is a public contract in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine.
1.3 Seller’s Website – is a web page on the Internet at https://vegan-collagen.com.ua.
1.4 Acceptance – full, unconditional and unconditional acceptance by the Buyer of the terms of the Public Offer of this Agreement.
1.5 Buyer – is an individual who has sufficient legal capacity, has accepted the terms of the Seller’s Public Offer set forth in this Agreement and has paid the cost of the Product.
1.6 Parties – the Seller and the Buyer.
2. SUBJECT OF THE AGREEMENT
2.1 The Seller undertakes to transfer the Product to the Buyer, and the Buyer undertakes to accept the Product and pay their value in the manner and on the terms provided for in this Agreement.
2.2 The range, characteristics and cost of the Product is indicated on the Seller’s Website. Placing an order by the Buyer means acceptance of the current characteristics and price of the Product.
2.3 The Parties agree that the Seller is not responsible for the Buyer’s expectations regarding the properties of the Product that go beyond the characteristics specified on the Seller’s Website.
3. TERMS OF DELIVERY OF PRODUCT
3.1 The Product is delivered to the Buyer within 2-5 business days from the date of order confirmation and full payment of the cost of the Product.
3.2 Delivery is carried out through delivery services selected by the Seller, or in another way agreed with the Buyer.
3.3 Acceptance of this Agreement is full payment of the cost of the Product, which means full and unconditional acceptance by the Buyer of the terms of this Agreement and is equivalent to the Buyer’s handwritten signature under the Agreement.
3.4 From the moment the funds are credited to the Seller’s account, this offer is considered accepted, and the Agreement is concluded.
3.5 From the moment of acceptance of this Offer, the Buyer’s unilateral withdrawal from the Agreement is unacceptable. No return of the Product or funds after payment is provided.
3.6 The Seller’s obligations are considered fulfilled from the moment the Product is transferred to the delivery service or directly to the Buyer.
3.7 The Buyer is obliged to check the Product for visible defects (damage to packaging, completeness, etc.) upon receipt. In case of defects, the Buyer has the right to notify the Seller within 24 hours of receipt of the Product, providing photo or video evidence. After that, no claims for visible defects will be accepted.
3.8 The risk of accidental loss or damage to the Product passes to the Buyer from the moment it is transferred to the delivery service or directly to the Buyer.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1 The Seller has the right:
4.1.1 Receive from the Buyer the information necessary to fulfill the obligations under this Agreement (including data for delivery).
4.1.2 Receive payment for the Product in the amount and within the terms stipulated by this Agreement.
4.1.3 Change the range, characteristics and cost of the Product on the Seller’s Website without prior notice to the Buyer.
4.2 The Seller undertakes:
4.2.1 Transfer the Product of good quality to the Buyer in accordance with the order.
4.2.2 Ensure delivery of the Product within the time limits specified in term 3.1 of this Agreement.
4.2.3 The Seller warrants that the Product comply with the declared characteristics specified on the Seller’s Website and are suitable for their intended use at the time of transfer to the Buyer.
4.2.4 The expiry date of the Product is indicated on the packaging. Claims regarding the quality of the Product are accepted only be accepted within the expiration date, and only if the Buyer complied with the recommended storage conditions.
5. RIGHTS AND OBLIGATIONS OF THE BUYER
5.1 The Buyer has the right:
5.1.1 Receive the Product in accordance with the terms of the order and this Agreement.
5.2 The Buyer undertakes:
5.2.1 To pay the full price and on time for the Product, in the manner prescribed by this Agreement.
5.2.2 To provide reliable data for the delivery of the Product (address, contact details, etc.).
6. COST OF PRODUCT AND PAYMENT PROCEDURE
6.1 The cost of the Product is determined by the Seller and is indicated on the Seller’s Website in the moment of ordering.
6.2 Payment for the Product shall be made by the Buyer in non-cash form by full prepayment by credit card through the payment system available on the Seller’s Website.
6.3 Refunds after payment for the Product are not provided, unless the Seller is unable to fulfill the order through its own fault (for example, the absence of the Product in the warehouse). In this case, the refund is done within 14 calendar days.
6.4 In case of detection of inadequate quality of the Product (manufacturing defects, inconsistency with the description on the Site), the Buyer has the right to contact the Seller within 14 calendar days from the date of receipt of the Product with a request to replace the Product. The Seller replaces the Product within 14 calendar days after receiving the Product back and confirming the defect.
6.5 Product of good quality is not subject to return. The return of Product of good quality is not allowed in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 172 of 19.03.1994 “On the implementation of certain provisions of the Law of Ukraine ‘On Protection of Consumer Rights’.
7. RESPONSIBILITY OF THE PARTIES
7.1 For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine.
7.2 The Seller is not responsible for delivery delays caused by the actions of third parties (delivery services) or force majeure circumstances.
7.3 The Buyer assumes all risks associated with the use of the Product, including possible individual reactions to product components.
7.4. The Seller is not responsable for allergic reactions if the composition of the Product corresponds to the description. The buyer is obliged to familiarize himself with the composition of the Product before purchase and independently assess the risks of individual intolerance.
8. TERMINATION OF THE AGREEMENT
8.1 This Agreement is terminated:
8.1.1 Upon fulfillment by the Parties of their obligations (transfer of the Product and payment for it).
8.1.2 By agreement of the Parties.
8.1.3 In case of impossibility of fulfillment of obligations by the Seller (for example, the absence of the Product), with a refund to the Buyer.
9. PROCESSING OF PERSONAL DATA
9.1 The Buyer confirms that he voluntarily agrees to the processing of his personal data (name, address, telephone number, bank card details, etc.) to the minimum extent necessary to fulfill the obligations under this Agreement, including the transfer of data to third parties (delivery services, payment systems).
9.2 By placing an order, the Buyer agrees to receive information and advertising messages from the Seller via e-mail, SMS or other communication channels. The Buyer may unsubscribe from the newsletter by contacting the Seller.
10. VALIDITY OF THE OFFER
10.1 This Public Offer comes into force from the moment it is posted on the Seller’s Website and is valid until its withdrawal by the Seller.
10.2 The Seller has the right to make changes to the terms of the Offer or withdraw it at any time. The changes shall take effect upon publication of the updated text on the Seller’s Website.
11. INTELLECTUAL PROPERTY
11.1 All materials posted on the Seller’s Website (including images, descriptions of the Product, logos) are the intellectual property of the Seller and may not be used by the Buyer without the written consent of the Seller.
12. CIRCUMSTANCES OF FORCE MAJEURE
12.1 The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations under this Agreement if it occurred as a result of force majeure, such as natural disasters, military actions, strikes, decisions of state authorities, etc.
12.2 The Party affected by force majeure shall notify the other Party within 3 business days from the date of occurrence of such circumstances.
13. FINAL PROVISIONS
13.1 12.1 All disputes and claims shall be resolved by the Parties through negotiations. In case of failure to reach an agreement, disputes shall be considered in court at the place of registration of the Seller in accordance with the current legislation of Ukraine.
13.2 The headings of the clauses of this Offer are used solely for convenience and do not affect the interpretation of the terms of the Agreement.