The public offer agreement
According to the present Agreement one party – the Seller on the one hand, and any person, accepting the conditions of the present Agreement of the public offer – the Buyer on the other hand, hereinafter jointly referred to as Parties, concluded the present Agreement of the public offer (hereinafter Agreement), addressed to the unlimited number of persons, being the official public offer of the Seller to conclude with Buyers the agreement of purchase-sale of Goods, which pictures are placed in the relevant section of the website Progressnutrition.com.
Sellers intending to sell the Goods with the help of Progressnutrition.com Website and Buyers when purchasing the Goods, pictures of which are placed on the corresponding pages of Progressnutrition.com, accept the terms of this Agreement on the following.
1. GENERAL PROVISIONS
1.1 The contractual relationship between the Seller and the Buyer is executed in the form of a Public Offer Agreement. Clicking the button “buy” on the page of Progressnutrition.com in the corresponding section means that the Buyer, regardless of his status (individual, legal entity, individual-entrepreneur), according to the current international and Ukrainian legislation, took the conditions of the Agreement of the public offer, which are listed below, to be fulfilled.
1.2 The public offer agreement is public, i.e. in accordance with Articles 633, 641 of the Civil Code of Ukraine its terms are the same for all Buyers, regardless of status (individual, legal entity, individual-entrepreneur). At full agreement with this Agreement the Buyer accepts the terms and procedure of ordering, payment and delivery of goods by the Seller, responsibility for the unfair order and for non-fulfillment of the terms of this Agreement.
1.3 This Contract enters into force from the moment of clicking the “buy” button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and pays the Seller in full.
1.4 For regulation of contractual legal relations under the Contract the Parties shall choose and, if necessary, apply Ukrainian legislation. If the international treaty, which consent to be binding is given by the Verkhovna Rada of Ukraine, sets other rules than those that are established by Ukrainian legislation, then the rules of the international treaty are applied.
2. TERMS AND DEFINITIONS
“Public Offer Agreement” shall mean a public agreement the sample of which is placed on Progressnutrition.com and application of which is binding for all Sellers, containing Seller’s offer to buy Goods, the image of which is placed on Progressnutrition.com, directed to an indefinite range of persons, including Buyers.
“Acceptance” – acceptance by Buyer of Seller’s offer to purchase Goods, the image of which is posted on the Progressnutrition.com Website by adding it to the virtual shopping cart and sending the Order.
“Merchandise” – the item of commerce (product, model, accessory, accessories and related items, any other items of commerce) for the purchase of which the seller’s offer is posted on the Progressnutrition.com Website.
“Buyer” – any legally capable individual, legal entity, individual-entrepreneur, according to the current international and Ukrainian legislation, who visited Progressnutrition.com Website and has the intention to purchase this or that Commodity.
“Seller” – any legally capable individual, legal entity, natural person-entrepreneur, according to the current international and Ukrainian legislation, who is the owner or distributor of Goods and with the help of the Website Progressnutrition.com has the intention to sell it.
“Order” – a buyer’s duly executed and placed on the Progressnutrition.com Website application for the purchase of Goods addressed to the seller.
“Legislation” – norms established by the Ukrainian or international legislation to regulate contractual legal relations under the Contract.
“Essential defect of Goods” – a defect that makes it impossible or unacceptable to use the Goods in accordance with its intended purpose, appeared through the fault of the manufacturer (Seller), after its elimination it appears again for reasons independent of the consumer.
3. SUBJECT MATTER OF THE AGREEMENT
3.1 The Seller undertakes on the conditions and in the order determined in the present Agreement to sell the Goods on the basis of the Order, made by the Buyer on the corresponding page of Progressnutrition.com website, and the Buyer undertakes on the conditions and in the order determined in the present Agreement to buy the Goods and to pay money for it.
3.2 The Seller guarantees that the Goods are not pledged, are not the subject of dispute, are not under arrest, as well as there are no rights of third parties.
3.3 The Seller and the Buyer confirm that the Contract in force is not a sham or sham transaction or a transaction made under the influence of pressure or fraud.
3.4. The Seller confirms that he has all necessary permits to conduct business activities that regulate the sphere of legal relations arising and acting in the course of execution of this Agreement, as well as guarantees that he has the right to manufacture and/or to sell goods without any restrictions in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer’s rights during the execution of this Agreement and sale of goods.
4. SELLER’S RIGHTS AND OBLIGATIONS
4.1. the Seller is obliged
- fulfill the terms and conditions of this Contract
- to execute Buyer’s orders in case of receipt of payment from Buyer
- transfer the Goods to the Buyer according to the chosen sample on the corresponding page of the Progressnutrition.com website, the placed order and the terms of the present Agreement;
- to check the quality and quantity characteristics of the Goods during their packing in the warehouse;
- notify the Buyer of the possible additional fee when paying for European orders by cards like Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this Agreement.
4.2 Seller has the right to:
- to unilaterally suspend the provision of services under this Contract in case the Buyer violates the terms of this Contract.
5. THE RIGHTS AND OBLIGATIONS OF THE BUYER
5.1 the Buyer is obliged:
- timely pay and receive the order under the terms of this Contract;
- to familiarize with the information on Goods placed on the Progressnutrition.com website
- upon receipt of the Goods from the person who delivered them, make sure of the integrity and completeness of the Goods by examining the contents of the package. In case the Goods are damaged or incomplete, document them in a statement, which must be signed by the person who delivered them to the Buyer together with the Buyer.
5.2 The Buyer has the right:
- place an order on the relevant page of the Website Progressnutrition.com
- Demand from the seller to fulfill the terms of this Agreement;
- to inform about the possible additional commission when paying for European orders by cards like Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
6. ORDERING PROCEDURE
6.1. the Buyer makes the order on the corresponding page of the website Progressnutrition.com by adding the Goods to the virtual cart by clicking the button “Add to cart”, or by placing an order by e-mail or by phone number that is specified in the contact section of the website Progressnutrition.com.
6.2. the term of formation of the Order is up to 2 working days from the moment of its registration. In case if the order is sent on weekend or holiday, the term of formation starts from the first working day after the weekend.
7. CONTRACT PRICE AND PAYMENT PROCEDURE
7.1 The price of each individual Product is determined by the Seller and is indicated on the corresponding page of the Progressnutrition.com Website The Contract price is determined by adding the prices of all selected Commodities placed in the virtual shopping cart and the delivery price, which is determined depending on the delivery method according to the conditions of Section 8 of this Agreement.
7.2 The price of the Order may vary depending on the price, quantity or nomenclature of the goods.
7.3 The Buyer can pay for the Order in the following ways:
1) by bank transfer to the current account of the Seller, specified in the invoice, including by means of Internet banking (Buyer shall pay for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) by cash on delivery when the order is received at the representative office of the delivery service in Ukraine or in another country according to the place of ordering the goods.
3) By credit card of the following type:
- Visa Electron
- Mastercard Electronic
4) any other way as agreed with the Seller.
Note. When the Buyer pays for the order by payment card, additional commission may be charged by the issuer of this card, in particular when the Buyer pays for the order by payment card, additional commission may be charged when the Buyer pays for European orders by card issuers Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro. When you click on the page of the website Progressnutrition.com in the relevant section of the “buy” button
8. TERMS OF GOODS DELIVERY
8.1 The Buyer receives the Goods by means of delivery, or receives them in person. The order of payment and receipt is indicated on the corresponding page of the Website.
8.2 At delivery of Goods in other cities of Ukraine or on the territory of other country, carried out by other Delivery Services (hereinafter referred to as the Carrier Companies) the Buyer fully and unconditionally agrees with the Rules of cargo transportation by these Carrier Companies.
8.3 The Buyer shall confirm the fact of receipt of the Goods and the absence of any complaints about the quality of the Goods delivered by the Carrier Companies by signing the consignment note, the Carrier Company Declaration, or the delivery note when receiving the Goods. For its part, the Seller guarantees the shipment of Goods to the Forwarder Company in the quantity specified and paid for by the Buyer, complete in accordance with the specification of these Goods and in proper (working) condition and quality.
The Buyer may clarify all questions arising in the process of payment and receipt of Goods by contacting the contacts in the Contact Us section.
9. CONDITIONS OF RETURN OF THE GOODS
9.1 In accordance with article 9 of the Law of Ukraine “On protection of consumer rights,” the Buyer has the right to exchange Goods of adequate quality within 14 days excluding the day of purchase, if a longer period is not specified 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).
10. RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES
10.1. the Parties are liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the order provided by this Agreement and the current international and Ukrainian legislation.
10.2 In case of any disputes arising out of performance of this Contract by the Parties, except for disputes about debt recovery from the Buyer, the Parties undertake to solve them by negotiations in compliance with the claim procedure. The term for consideration of the claim is seven (7) calendar days from the date of its receipt. In disputes relating to the recovery of debts from the Buyer, compliance with the claim procedure is not required.
10.3 All disputes, disagreements or claims arising out of or in connection with this Contract, including those related to its performance, breach, termination or invalidity, shall be settled in the relevant court in accordance with international and Ukrainian substantive and procedural law.
11. CIRCUMSTANCES OF FORCE MAJEURE
11.1 The parties shall not be liable for default on any of their obligations, except for payment obligations, if they prove that such default was caused by force majeure, that is events or circumstances which are really beyond control of such party, which occurred after conclusion of the present Contract, having unpredictable and inevitable character. Force majeure includes, but is not limited to, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, carrier delays caused by accidents or adverse weather conditions, hazards and accidents at sea, embargoes, disasters, restrictions imposed by public authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances have directly affected the performance of this Contract.
11.2 The Party, for which it has become impossible to fulfill 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 above circumstances, and within thirty (30) calendar days provide the other Party with confirmation of the force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by the authorized state body located at the place of force majeure occurrence.
11.3 The time required by the Parties to perform their obligations under this Agreement will be extended for any period during which performance has been delayed due to the listed circumstances.
11.4 If due to the force majeure circumstances the failure to perform the obligations under this Agreement continues for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other Party in writing. Notwithstanding the occurrence of force majeure, prior to the termination of this Contract due to force majeure, the Parties shall make final mutual settlements.
12. OTHER TERMS AND CONDITIONS OF THE CONTRACT
12.1 The information provided by the Buyer is confidential. Information about the Buyer shall be used solely for the purposes of execution of his Order (sending a message to the Seller about the order of Goods, sending advertising messages, etc.).
12.2 By his own acceptance of the Agreement or by registering on Progressnutrition.com (filling in the registration form) the Buyer voluntarily gives his consent to the collection and processing of his personal data for the following purposes: the data that becomes known shall be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the Order, sending promotional and special offers, information about promotions, lotteries, or other promotional information by telecommunications means (email, mobile telephony). The Buyer has the right to receive letters, messages and materials to the postal address and e-mail of the Buyer, as well as to send sms-messages and make calls to the telephone number specified in the questionnaire for the purposes provided by this paragraph.
12.3 The Buyer gives the right to process his personal data, including: to place personal data in databases (without further notice), to perform lifetime storage of data, their accumulation, update, change (as necessary). The Seller undertakes to ensure protection of data from unauthorized access by third parties, not to distribute and not to transfer data to any third party (except transferring data to related persons, commercial partners, persons authorized by the Seller to perform direct data processing for specified purposes, as well as at the mandatory request of the competent state authority).
12.4 If the Buyer does not wish to receive the newsletter, the Buyer shall have the right to contact the Seller by writing an application for refusal to receive promotional materials, sending it to the postal or e-mail address.
12.5 The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the order. The Buyer is responsible for the accuracy of the information provided when placing the order.