Public Offer Agreement

Public tender contract

1. General provisions

1.1. This Agreement in accordance with Art. 633 and Art. 641 of the Civil Code of Ukraine is a public contract (offer) is an official and public offer of the Seller, addressed to an unspecified circle of persons regardless of status (individual, legal entity, individual entrepreneur), to enter into 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 conditions stipulated by this Agreement.

1.3. In accordance with Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the offer to conclude this Agreement (acceptance), which confirms the conclusion of the Agreement on the conditions stipulated by it, is the fact of the Buyer placing the corresponding order on the Internet store website.

1.4. The seller, unilaterally, has the right to change the terms of this Agreement at any time. The amended Agreement becomes valid by posting it on the Site.

1.5. In this Agreement, the following terms have the following meanings:

"Internet store" is the Seller's website, created for the conclusion of the Contracts for the retail and wholesale purchase of the Goods remotely, after the Buyer familiarizes himself with the Seller's offered 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 TM "100%CBD" is "CANABIS CORPORATION" LLC, EDRPOU code 44466529, a legal entity that is registered and operates in accordance with the requirements of the legislation of Ukraine .

"Seller" is a natural person-entrepreneur Shabas Olga Viktorivna (Identification code (RNOKPP): 3287705907), legal address: Ukraine, 61039 Kharkiv oblast, Kharkiv city, Kryvorizka street 36, who sells goods on the website www.100cbd.com.ua.

"Goods" are products offered for sale and posted on the website www.100cbd.com.ua and are the object of purchase under this Agreement.

"Purchaser" is a legally competent natural person who has reached the age of 18 or a legal entity, a natural person-entrepreneur who places an order on the website www.100cbd.com.ua.

"Acceptance" means full, unconditional and unconditional acceptance by the Buyer of the terms of this Agreement.

"Order" - individual items from the assortment list of Goods offered by the Seller, selected and specified 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 ownership of the Goods ordered by him to the Buyer, and the Buyer undertakes to pay for and accept the corresponding Goods.

2.2. The moment (date) of concluding this Agreement (acceptance) and the moment of full and unquestionable acceptance by the Buyer of the terms of the Agreement shall be considered the moment (date) of placing the relevant order by the Buyer on the website of the online store.

3. Order registration procedure

3.1. The buyer independently places an order in the online store through the "Basket" form or, in the case of bulk orders, by placing an order by e-mail or at the phone number indicated in the contact section of the online store.

3.2. The buyer has the right to place an order for any Product that is presented in the online store and has the status "in stock" on the date of placing the order.

3.3. When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:

3.3.1. surname, first name of the Buyer/authorized person of the Buyer;

3.3.2. number and address of the branch/postal machine of the delivery service of Nova Poshta LLC (or another delivery service, if such is offered by the Seller on the website of the online store in the "Payment and Delivery" section and in the "Basket" form), to which the delivery is made Goods;

3.3.3. contact phone number and e-mail address of the Buyer.

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

3.4. The name, quantity, article number, and price of the Product selected by the Buyer are indicated in the Buyer's basket on the Internet store website.

3.5. If the Goods are not in stock, the Seller is obliged to notify the Buyer at the specified, last, contact phone number or e-mail.

3.6. If the Product is not available, the Buyer has the right to replace it with a similar Product, refuse this Product or cancel the order.

3.7. The Seller has the right to refuse to transfer the order to the Buyer in the event that the information provided by the Buyer during the order placement is incomplete or raises suspicions about their validity.

3.8. If the Seller needs additional information, he has the right to request it from the Buyer. If the Buyer does not provide the necessary information, 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 fulfillment of the order, has the right to ask the Buyer for additional, not specified in and/or different from clauses 3.3 - 3.4. of this Agreement, information

3.10. Orders for Goods under this Agreement are accepted during the working hours of the Seller, which are specified on the website www.100cbd.com.ua.

3.11. If the order was fully completed and paid for by the Buyer, the Seller sends the Goods through the service agreed upon by the Parties (chosen by the Buyer from the options offered by the Seller on the website of the online store in the "Payment and Delivery" section and in the "Basket" form and confirmed by the Seller) delivery, within 24 hours from the moment of receiving the corresponding payment.

3.12. Acceptance of the terms of this Agreement by the Buyer is carried out by entering the relevant data into the registration form on the website of the online store or when placing the Order through the Seller's manager. After placing the 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 the Order.

3.14. By concluding the Agreement, i.e. accepting the terms of this Agreement (the proposed terms of purchase of the Goods), by placing the 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 unequivocal consent to the Seller to collect, process and transfer, in any way and in any way, 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 contract, the Buyer confirms that he has been notified (without additional notification) of the rights established by the legislation on the protection of personal data, of the purposes of data collection, as well as that his personal data is transferred to the Seller for the purpose of being able to fulfill the terms of this Contract, the possibility of making mutual settlements, as well as for receiving bills, acts and other documents. The Buyer also agrees that the Seller has the right to provide access 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 extent of the Buyer's rights as a subject of personal data in accordance with the legislation on the protection of personal data is known and understood by him.

4. Price, payment, delivery and return of the Product

4.1. The price of the Product 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 Product may be changed by the Seller unilaterally depending on the market conditions. At the same time, the price of a separate unit of the Product, the cost of which has already been paid in full by the Buyer, cannot be changed by the Seller unilaterally.

4.3. The price of the Product, which is indicated on the website of the online store, does not include the cost of delivery of the Product to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current tariffs of the delivery service.

4.4. The total price of the Buyer's order (the Contract price) is determined from the value of the Goods ordered by the Buyer and is indicated on the website of the online store in the "Basket" section.

4.5. The Buyer pays the price of the Goods under the Contract by transferring funds to the Seller's current account. The date of payment is considered the date of receipt of funds to the Seller's account.

4.6. Services of payment systems, terminals, banks used by the Buyer to pay for the order are paid additionally by the Buyer.

4.7. The order payment notification is sent to the Buyer to the e-mail address specified when placing the order.

4.8. Payment for the Goods is made by the Buyer by the methods indicated on the website of the online store in the "Payment and Delivery" section.

4.9. The delivery of the Goods ordered and paid for by the Buyer is carried out at the address agreed upon by the Parties (chosen by the Buyer from the options offered by the Seller on the website of the online store in the "Payment and Delivery" section and in the "Basket" form and confirmed by the Seller) address, branch/postal machine of the service delivery, where the Buyer receives the Goods.

4.10. When receiving the Goods, the Buyer must check the conformity of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date) in the presence of the representative of the delivery service (carrier). Together with the Goods, the Buyer is provided with documents in accordance with the legislation of Ukraine.

4.11. Upon receipt of the Goods, the Buyer or his representative confirms that he has no complaints about the quantity of the Goods, appearance, expiration date and completeness of the Goods.

4.12. 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 hands over the goods to the delivery service (carrier) chosen by the Buyer.

4.13. The Buyer has the right to return to the Seller a non-food product of appropriate quality, if the product does not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose. The buyer has the right to return 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 his discretion. The return of goods of appropriate quality is carried out if it has not been used and if its appearance, consumer properties, packaging, seals, labels, as well as the settlement 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 paragraph is approved by the Cabinet of Ministers of Ukraine.

4.14. The cost of the Goods shall be refunded by bank transfer to the Buyer's account from which payment for the Goods was made. Cash for the returned Goods shall be transferred by the Seller no later than 10 days after the Seller receives such Goods, subject to compliance with the requirements stipulated 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 reimburse the Buyer.

4.16. Consideration of the requirements stipulated by the Law of Ukraine "On the Protection of Consumer Rights" is carried out by the Seller on the condition that the Buyer provides the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for the defects of the Goods that arose after their transfer 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.

4.17. The buyer does not have the right to refuse a good quality product that has individually defined properties, if the specified product can be used exclusively by the buyer who purchased it (including, at the buyer's request, non-standard sizes, characteristics, appearance, equipment and other). The confirmation that the product has individually defined properties is the difference in product sizes and other characteristics specified in the online store.

4.18. The return of the Goods, in the 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. Deliver 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 To unilaterally change the terms of this Agreement, as well as the prices of the Goods, by posting them on the website of the online store. All changes take effect from the moment of their publication on the website of the online store.

5.2.2. Unilaterally suspend the provision of services under this contract in case of violation by the Buyer of the terms of this contract.

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 website of the online store.

5.3.2. In order for the Seller to fulfill his obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are 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 to:

5.4.1. Place an order for the Product offered by the Seller on the website of the online store, in accordance with the procedure specified in this Agreement.

5.4.2. To accept (accept) an offer (offer) to conclude this Agreement and to require the Seller to fulfill the terms of its terms.

6. Liability of the Parties

6.1. The parties are responsible for non-fulfillment 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 responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information during its registration. The administrator is not responsible for the content and reliability of the information provided by the Buyer while using the Site.

6.3. The Seller is not responsible for delays in order fulfillment if such delays are due to reasons beyond the Seller's control.

6.4. The seller is not responsible for the inconsistency of the appearance of the Product shown on the website of the online store, in the event of its change by the manufacturer, and for the slight discrepancy in the color range of the Product, which may differ from the original Product 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, which were ordered on the website www.100cbd.com.ua.

6.6. The parties are released from responsibility for full or partial non-fulfillment of their obligations under this Agreement, if the non-fulfillment is a consequence of the occurrence of extraordinary and unavoidable circumstances that are objectively beyond their control (force majeure circumstances), such as: war or military operations, threat war, armed conflict or serious threat of such conflict, including but not limited to enemy attacks, blockades, military embargoes, acts of a foreign enemy, general military mobilization, hostilities, declared and undeclared war, acts of a public enemy, disturbances, acts of terrorism, sabotage, piracy, disorder, invasion, revolution, mutiny, rebellion, mass riots, introduction of curfew, quarantine established by the Cabinet of Ministers of Ukraine, actions, decisions of state authorities, local self-government, expropriation, forced seizure, seizure of enterprises, requisition, public demonstration, strike , accident, illegal actions of third parties, fire, explosion continued but interruptions in the operation of transport regulated by the terms of relevant decisions and acts of competent authorities, closure of sea channels, embargoes, prohibition (restriction) of export/import, etc., prohibitory 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 "prohibitory acts" is understood as a law or document of a regulatory nature 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, strong storm , cyclone, hurricane/storm, tornado, flood, snow accumulation, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, 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 the conclusion of this Agreement (hereinafter referred to as "For village Major"). The occurrence and operation of force majeure circumstances must be duly confirmed by the Chamber of Commerce and Industry of Ukraine or another competent body in accordance with the current legislation of Ukraine.

6.7. The Party for which it is impossible to fulfill the obligations under this Agreement as a result of Force Majeure circumstances and/or their consequences, is obliged to notify the other Party of the occurrence of the above-mentioned circumstances in writing in accordance with the terms of the Agreement immediately, and no later than 10 working days from at the moment of their occurrence, prove their existence with a valid 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 body 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 release from responsibility under this Agreement.

6.8. In the event of force majeure circumstances, the term of 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 expiration of the specified circumstances and/or their consequences, the Party that declared their occurrence must, within 5 (five) working days, notify the other Party in writing about the termination of the force majeure circumstances and the resumption of contractual relations between the Parties. The validity of the Agreement and the obligations of the Parties under it are considered to be restored from the date of receipt by the other Party of the notice of termination of force majeure circumstances.

6.9. If the Force Majeure circumstances and/or their consequences continue for more than 30 (thirty) calendar days, any Party has the right to unilaterally initiate the termination of this Agreement by sending a written notice to the other Party. The contract is considered terminated from the date of receipt of such notification by the other Party.

 

7. Terms of confidentiality and protection of personal data

7.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer gives the Administrator and the Seller (hereinafter - Administrators) his voluntary consent to the processing, use (including transfer) of his personal data, in particular, to place personal data in databases Administrator (without additional notification about this), to carry out lifelong storage of data, their accumulation, update, change (if necessary). The administrator undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data in accordance with clause 7.3), as well as to perform other actions provided for by the legislation on the protection of personal data, without limiting the term of such consent.

7.2. Administrators treat confidential (personal) information of users of the Site with respect, therefore, strive to protect the confidentiality of personal data (information or a set of information about a natural person who is identified or can be specifically identified), thereby creating and providing the most comfortable terms of use of the Site for each user.

7.3. Managers undertake not to disclose 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 a contract with the Seller, including for the fulfillment of 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. Administrators collect only those personal data provided by the Buyer knowingly and voluntarily for the purpose of using the Site's services.

7.5. Administrators collect and use the personal data of users of the Site for the purpose of administration and personalization of the services of the Site, ensuring the fulfillment of the 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 is considered concluded from the moment the person who sent the proposal to conclude the Agreement (offer) receives a response to the acceptance of this proposal (acceptance) in the manner specified by this Agreement and the current legislation of Ukraine.

8.2. All disputes arising between the Parties shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Parties have the right to apply for a 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 provided for by the current legislation of Ukraine.

8.4. In case of invalidity of a certain clause of this Agreement, all other clauses remain in force, and the Agreement continues to operate, but without taking into account the invalid clause.