Public Offer Agreement
1. General provisions
1.1. This Agreement, in accordance with Art. 633 and Art. 641 of the Civil Code of Ukraine, is a public agreement (offer) and is an official and public offer of the Seller, addressed to an indefinite number of persons regardless of status (individual, legal entity, individual entrepreneur), to conclude a contract of sale of the Goods presented on the website www.100cbd.com.ua.
1.2. By concluding this Agreement, the Buyer fully accepts the terms and conditions stipulated by this Agreement.
1.3. In accordance with Art. 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the offer to conclude this Agreement (acceptance), confirming the conclusion of the Agreement on the terms and conditions stipulated by it, is the fact of the Buyer placing the relevant order on the website of the Online Store.
1.4. The Seller, unilaterally, has the right to change the terms of this Agreement at any time. The amended Agreement shall become effective by posting it on the Site.
1.5. In this Agreement, the following terms have the following meanings: "Online Store" - the Seller's website, created for the conclusion of Contracts for the retail and wholesale purchase and sale of Goods remotely, after the Buyer has familiarized himself with the Seller's proposed Goods on the images posted on the website www.100cbd.com.ua. "Administrator" - the Owner and administrator who manages the website www.100cbd.com.ua and the owner of the TM "100 CBD" is A.V. Elfimova, RNOKPP code 3030517729, a legal entity registered and operating in accordance with the requirements of the legislation of Ukraine. "Seller" – individual entrepreneur Milyuta Yuliya Serhiivna (Identification code (RNOKPP): 3378609005), registration address: Ukraine, 84000, Donetsk region, Kramatorsk district, village Oleksandrivka, Shevchenko st., house 20, who sells goods on the website www.100cbd.com.ua. "Goods" – products offered for sale and placed on the website www.100cbd.com.ua and are the object of purchase and sale under this Agreement. "Buyer" – a capable individual who has reached the age of 18 or a legal entity, an individual entrepreneur who places an order on the website www.100cbd.com.ua. "Acceptance" – the Buyer's full, unconditional and unreserved acceptance of the terms of this Agreement. "Order" - individual items from the assortment list of Goods offered by the Seller, selected and indicated by the Buyer when placing an order on the website www.100cbd.com.ua.
2. Subject of the Agreement
2.1. In accordance with the procedure and under the conditions specified in this Agreement, the Seller undertakes to transfer the ownership of the Goods ordered by him to the Buyer, and the Buyer undertakes to pay for and accept the relevant Goods.
2.2. The moment (date) of conclusion of this Agreement (acceptance) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the moment (date) of placing the relevant order by the Buyer on the website of the Online Store.
3. Ordering procedure
3.1. The Buyer independently places an order in the Online Store via the “Cart” form or, in the case of wholesale orders, by placing an order by e-mail or by phone number specified in the contacts section of the Online Store.
3.2. The Buyer has the right to place an order for any Goods that are presented in the Online Store and have the status “in stock” on the date of placing the order.
3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. surname, name of the Buyer/authorized person of the Buyer;
3.3.2. number and address of the branch/post office of the delivery service of Nova Poshta LLC (or other delivery service, if such is offered by the Seller on the Online Store website in the “Payment and Delivery” Section and in the “Cart” form), to which the Goods are delivered;
3.3.3. contact phone number and email address of the Buyer.
3.3.4. Identification code for a legal entity or an individual entrepreneur.
3.4. The name, quantity, article number, price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the Online Store website.
3.5. If the Goods are not in stock, the Seller is obliged to notify the Buyer by the specified, last, contact phone number or e-mail.
3.6. In the absence of the Goods, the Buyer has the right to replace it with a similar Goods, refuse this Goods or cancel the order.
3.7. The Seller has the right to refuse to transfer the order to the Buyer if the information specified by the Buyer when placing the order is incomplete or raises suspicion of its validity.
3.8. If the Seller needs additional information, he has the right to request it from the Buyer. In the event of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing the Goods in the Online Store.
3.9. When placing an order through the Seller's manager and wholesale orders (clause 3.1. of this Agreement), the Buyer undertakes to provide the information specified in clauses 3.3 - 3.4. of this Agreement. When placing wholesale orders, the Seller, in order to ensure the execution of the order, has the right to request additional information from the Buyer, not specified in and/or different from clauses 3.3 - 3.4. of this Agreement.
3.10. Orders for the Goods under this Agreement are accepted during the Seller's working hours, which are specified on the website www.100cbd.com.ua.
3.11. If the order has been fully completed and paid for by the Buyer, the Seller shall send the Goods via the delivery service agreed upon by the Parties when ordering (selected by the Buyer from the options offered by the Seller on the Online Store website in the "Payment and Delivery" Section and in the "Cart" form and confirmed by the Seller) within 24 hours from the moment of receipt of the relevant payment.
3.12. The Buyer's acceptance of the terms of this Agreement is carried out by entering the relevant data into the registration form on the Online Store website or when placing an Order through the Seller's manager. After placing an Order through the Seller's manager, the Buyer's data is entered into the Seller's database.
3.13. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.14. By concluding the Agreement, that is, accepting the terms of this Agreement (the proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
3.14.1. The Buyer is fully and completely familiar with, and fully and unconditionally agrees with the terms of this Agreement (offer);
3.14.2. The Buyer gives the Seller unequivocal consent to collect, process and transfer, in any way and by any means, all personal data of the Buyer that become known to the Seller in the process of concluding and fulfilling the terms of this Agreement. Consent to the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that he has been informed (without additional notification) of the rights established by the legislation on the protection of personal data, of the purposes of data collection, and that his personal data are transferred to the Seller in order to be able to fulfill the terms of this Agreement, to be able to make mutual settlements, as well as to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications from the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with.
4. Price, payment, delivery and return of the Goods
4.1. The price of the Goods is determined by the Seller independently and is indicated on the website of the Online Store. All prices for the Goods are indicated on the website in hryvnias and are valid at the time of placing the order.
4.2. The price of the Goods may be changed by the Seller unilaterally depending on the market situation. At the same time, the price of a separate unit of the Goods, the cost of which has already been paid by the Buyer in full, may not be changed by the Seller unilaterally.
4.3. The cost of the Goods, which is indicated on the website of the Online Store, does not include the cost of delivering the Goods to the Buyer. The Buyer pays the cost of delivering the Goods in accordance with the current tariffs of the delivery service.
4.4. The total price of the Buyer's order (the price of the Agreement) is determined from the cost of the Goods ordered by the Buyer and is indicated on the website of the Online Store in the "Cart" Section.
4.5. The Buyer pays the cost of the Goods under the Agreement by transferring funds to the Seller's current account. The date of payment is the day the funds are received on the Seller's account.
4.6. The Buyer pays for the services of payment systems, terminals, banks used by the Buyer to pay for the order additionally.
4.7. A notification of payment for the order is sent to the Buyer to the email address specified when placing the order.
4.8. Payment for the Goods is made by the Buyer using the methods specified on the Online Store website in the "Payment and Delivery" Section.
4.9. Delivery of the Goods ordered and paid for by the Buyer is carried out at the address agreed upon by the Parties when ordering (selected by the Buyer from the options offered by the Seller on the Online Store website in the "Payment and Delivery" Section and in the "Cart" form and confirmed by the Seller) to the address, branch/post office of the delivery service where the Buyer receives the Goods.
4.10. Upon receipt of the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods with the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date). Together with the Goods, the Buyer is provided with documents in accordance with the legislation of Ukraine.
4.11. By receiving the Goods, the Buyer or his representative confirms that he has no claims to the quantity of the Goods, appearance, expiration date and completeness of the Goods.
4.12. The right of ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative from the moment the Seller transfers the Goods to the delivery service (carrier) chosen by the Buyer.
4.13. The Buyer has the right to return to the Seller non-food goods of proper quality if the goods did not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used by him for their intended purpose. The Buyer has the right to return the goods of proper quality within 14 (fourteen) days, excluding the day of purchase. After the expiration of 14 (fourteen) days, the Seller decides whether to accept the return of the Goods at its discretion. The return of the goods of proper quality is carried out if it has not been used and if its presentation, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment for 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.
4.14. The cost of the Goods is subject to return by bank transfer to the Buyer's account from which the payment for the Goods was made. The money for the returned Goods is transferred by the Seller no later than 10 days from the moment of receipt of such Goods by the Seller, subject to compliance with the requirements provided for in clause 4.13. of this Agreement, the current legislation of Ukraine.
4.15. The return of the Goods of proper quality to the Seller's address is carried out at the expense of the Buyer and the Seller does not compensate the Buyer.
4.16. Consideration of the requirements stipulated by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller provided that the Buyer provides documents stipulated by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after its transfer 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.
4.17. The Buyer does not have the right to refuse goods of proper quality that have individually defined properties if the specified goods can be used exclusively by the Buyer who purchased it (including non-standard sizes, characteristics, appearance, equipment, etc. at the Buyer's request). Confirmation that the goods have individually defined properties is the difference in the dimensions of the goods and other characteristics specified in the online store.
4.18. The return of the Goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the "Contacts" section.
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.
5.2. The Seller has the right to:
5.2.1 Unilaterally change the terms of this Agreement, as well as the prices for the Goods, by posting them on the Online Store website. All changes shall come into force from the moment of their publication on the Online Store website.
5.2.2. Unilaterally suspend the provision of services under this Agreement in the event of the Buyer's violation of the terms of this Agreement.
5.3 The Buyer undertakes:
5.3.1. Before concluding the Agreement, familiarize yourself with 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 latter must provide all necessary data that uniquely identifies it as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.
5.3.3. Timely and in full payment of the cost of the order in accordance with the terms of this Agreement.
5.4. The Buyer has the right:
5.4.1. Place an order for the Goods offered by the Seller on the website of the Online Store, in accordance with the procedure specified in this Agreement.
5.4.2. Accept (accept) the proposal (offer) to conclude this Agreement and require the Seller to fulfill the terms of its terms.
6. Liability of the Parties
6.1. The Parties are liable for failure to fulfill or improper fulfillment of the terms of this Agreement in accordance with the current legislation of Ukraine and the provisions of this Agreement.
6.2. The Buyer is responsible for keeping his personal data up to date. The Seller is not liable for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information when placing an order. The Administrator is not liable for the content and reliability of the information provided by the Buyer when using the Site.
6.3. The Seller is not liable for delay in order fulfillment if such delays occurred for reasons beyond the Seller's control.
6.4. The Seller is not responsible for any discrepancy in the appearance of the Goods depicted on the website of the Online Store, in the event of its change by the manufacturer, and for any minor discrepancy in the color scheme of the Goods, which may differ from the original Goods solely due to different color rendering of personal computer monitors of individual models.
6.5. The Seller is not responsible for improper use or storage of goods by the Buyer that were ordered on the website www.100cbd.com.ua.
6.6. The Parties are exempt from liability for full or partial failure to fulfill their obligations under this Agreement if the failure is a consequence of extraordinary and unavoidable circumstances that are objectively beyond its control (force majeure circumstances) such as: war or military actions, threat of war, armed conflict or serious threat of such conflict, including, but not limited to enemy attacks, blockades, military embargo, actions of a foreign enemy, general military mobilization, military actions, declared and undeclared war, actions of a public enemy, riots, acts of terrorism, sabotage, piracy, disorder, invasion, revolution, rebellion, uprising, mass unrest, introduction of a curfew, quarantine established by the Cabinet of Ministers of Ukraine, actions, decisions of state authorities, local self-government, expropriation, forced removal, seizure of enterprises, requisition, public demonstration, strike, accident, unlawful actions of third parties, fire, explosion, long interruptions in transport operations, regulated by the terms of relevant decisions and acts of competent authorities, closure of sea straits, embargo, ban (restriction) of export/import, etc., prohibitive acts of the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, the Antimonopoly Committee of Ukraine, the National Bank of Ukraine or local self-government bodies (the term "prohibitive acts" is understood as a law or a normative document that does not allow the Parties to fulfill their obligations under this agreement), as well as caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane/storm, tornado, flood, accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide soil, other natural disasters, etc., provided that such an event affects the proper performance of obligations under this Agreement, but did not exist at the time of conclusion of this Agreement (hereinafter referred to as “Force Majeure”). The fact of the occurrence and effect of force majeure circumstances must be duly confirmed by the Chamber of Commerce and Industry of Ukraine or another competent authority in accordance with the current legislation of Ukraine.
6.7. The Party for which it is impossible to fulfill obligations under this Agreement due to Force Majeure circumstances and/or their consequences is obliged to notify the other Party of the occurrence of the above circumstances in writing in accordance with the terms of the Agreement immediately, and no later than 10 business days from the moment of their occurrence, to prove their existence with a reliable certificate (or other relevant document provided for by the current legislation of Ukraine) issued by the Chamber of Commerce and Industry of Ukraine (or another competent authority in accordance with the current legislation of Ukraine). Untimely notification of Force Majeure deprives the relevant party of the right to refer to it in the future and does not exempt from liability under this Agreement.
6.8. In the event of force majeure circumstances, the period for the performance of obligations under this Agreement shall be extended in proportion to the time during which such circumstances and/or their consequences apply. After the end of the specified circumstances and/or their consequences, the Party that declared their occurrence must, within 5 (five) business days, notify the other Party in writing of the termination of force majeure circumstances and the resumption of contractual relations between the Parties. The Agreement and the obligations of the Parties under it shall be considered resumed from the date of receipt by the other Party of the notification of the termination of force majeure circumstances.
6.9. If Force Majeure and/or its consequences continue for more than 30 (thirty) calendar days, either Party shall have the right to unilaterally initiate termination of this Agreement by sending
7. Terms of confidentiality and protection of personal data
7.1. By providing their personal data on the website of the Online Store during registration or placing an Order, the Buyer provides the Administrator and the Seller (hereinafter referred to as the Administrators) with their voluntary consent to the processing, use (including transfer) of their personal data, in particular to place personal data in the Administrator's databases (without additional notification thereof), to carry out lifelong storage of data, their accumulation, updating, and modification (if necessary). The Administrator undertakes to ensure data protection from unauthorized access by third parties, not to distribute or transfer data to any third party (except for data transfer in accordance with clause 7.3.), as well as to perform other actions stipulated by the legislation on personal data protection, without limiting the validity period of such consent.
7.2. The Administrators respect the confidential (personal) information of the Site users, in connection with which they strive to protect the confidentiality of personal data (information or a set of information about an individual who is identified or can be specifically identified), thereby creating and ensuring the most comfortable conditions for using the Site for each user.
7.3. The Administrators undertake not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of an agreement with the Seller, including to fulfill obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
7.4. The Administrators collect only those personal data that are provided by the Buyer knowingly and voluntarily for the purpose of using the Site services.
7.5. The Administrators collect and use personal data of Site users for the purpose of administering and personalizing Site services, ensuring the fulfillment of Buyer's orders under this Agreement and for other purposes in accordance with this Agreement and the current legislation of Ukraine.
8. Other conditions
8.1. This Agreement shall be deemed concluded from the moment of receipt by the person who sent the proposal to conclude the Agreement (offer) of the response on acceptance of this proposal (acceptance) in accordance with the procedure specified in this Agreement and the current legislation of Ukraine.
8.2. All disputes arising between the Parties shall be resolved through negotiations. In the event of failure to resolve the dispute through negotiations, the Parties shall have the right to apply for resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
8.3. Amendments to the Agreement may be made by mutual consent of the Parties in accordance with the procedure specified in the current legislation of Ukraine.
8.4. In the event of the invalidity of a certain clause of this Agreement, all other clauses shall remain in force, and the Agreement shall continue to be valid, but without taking into account the clause whose validity has been lost.