Offer
Public offer for the sale of goods
This offer is a public offer by the seller to conclude a sale-purchase agreement for the goods, presented at https://ginseng-ua.com. This offer is public, i.e. according to Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers, regardless of their status (individual, legal entity, individual-entrepreneur) without preference to one buyer over another. Concluding the contract of sale by accepting this offer, the buyer fully accepts the conditions and ordering process, payment for goods, delivery of goods, the return of goods, liability for breach of contract and all other conditions defined in this offer. A purchase agreement under the terms of this offer shall be deemed concluded from the moment of clicking on the “Confirm Order” button on the order placement page and the buyer receiving an order confirmation from the seller electronically.
1. definition of terms
1.1 Public offer (hereinafter – the “Offer”) – a public offer of the seller, addressed to an indefinite number of persons, to conclude with the seller an agreement on the purchase and sale of goods by remote means (hereinafter – the “Agreement”) under the terms and conditions contained in this Offer.
1.2. Goods – the object of the parties’ agreement which has been selected by the buyer on the online shop’s website and placed in the shopping cart or purchased by the buyer from the Seller remotely.
1.3 The online shop is the Seller’s website at https://ginseng-ua.com, which has been established to conclude retail and wholesale purchase agreements based on the Buyer’s familiarisation with the description of the Goods offered by the Seller via the Internet.
1.4 Buyer – a natural person who has the necessary legal capacity and who places orders for the purchase of goods offered on the website of the Online Shop for purposes not related to business activities, or a legal person or an individual entrepreneur.
1.5 Seller – Limited Liability Company “INSOL Ltd”, legal entity identification code 40977390, location: 61136, Kharkov region, Kharkov, ul. 44A, sq.134, contacts: +38 (099) 450 45 24, +38 (098) 557 50 12, ginseng.ua.pro@gmail.com
2. Subject of the Contract
2.1 The Seller undertakes to transfer the Goods into the possession of the Buyer, the Buyer undertakes to pay for and accept the Goods on the terms and conditions of this contract.
2.2 The date of agreement conclusion (acceptance of offer) and the moment of full and unconditional acceptance of the Offer by the Buyer shall be the date when the Buyer fills in the order form posted on the Online Shop website, provided that the Buyer has received the order confirmation in electronic form from the Seller.
3. placing an order
3.1 The buyer places his own order in the online shop by using the “Shopping cart” form or by placing an order by e-mail or by phone, indicated in the contact section of the online shop.
3.2 The Seller shall have the right to refuse to transfer the order to the Buyer in the event that the information provided by the Buyer when placing the order is incomplete or raises doubts as to its validity.
3.3 When placing an order on the e-shop website, the Buyer undertakes to provide the following mandatory information required by the Seller for the performance of the order:
3.3.1. the Buyer’s name and surname;
3.3.2 The Buyer’s email address;
3.3.3 Contact phone number of the Buyer;
3.3.4. Method and address of delivery of the Goods;
3.3.5. Method of payment for the Goods;
3.4 The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer’s basket on the website of the online shop.
3.5. When placing the order through the Seller’s operator (cl. 3.1. of this Offer) the Buyer undertakes to provide the information specified in cl. 3.3 – 3.4. of this Offer.
3.6. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. Should the Buyer fail to provide the required information, the Seller shall not be liable for the improper performance of its obligations under the Agreement.
3.7 If, after placing the order, the Seller discovers that the ordered goods or their required quantity are out of stock, he shall immediately notify the Buyer by telephone. The buyer has the right to replace the missing goods with similar goods or to refuse the order completely or only in part of the missing goods.
3.8 The Buyer shall accept the terms and conditions of this Offer by entering the relevant data by the Buyer in the form on the website of the online shop when placing the order and its confirmation or when placing the order through an operator.
3.9. The Buyer shall be responsible for the accuracy of the information provided when placing the Order.
3.10. By concluding the Agreement, i.e. accepting the terms and conditions of this offer (the offered conditions for purchasing the Goods), by placing the Order, the Buyer confirms that he/she:
– has the necessary capacity as a natural person or is an authorised representative of a legal person to order the Goods;
– has read the current version of the offer and agrees to its terms and conditions;
– accepts the obligation to pay for and accept the Goods ordered;
– has provided truthful information when placing the order;
– submits his personal data to the seller for processing in order to conclude and execute the contract: full name, telephone number, email address and delivery address of the goods (for a natural person);
– agrees to the processing of the personal data transmitted for the purposes set out in the Privacy Policy posted on the website of the online shop.
4. Price and delivery of the Goods
4.1 The prices of Goods are determined by the seller independently and are shown on the website of the online-shop. All prices of Goods and services are indicated on the website in hryvnias.
4.2 Prices of Goods can be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a single unit of Goods, the price of which has been paid in full by the Buyer, cannot be changed unilaterally by the Seller.
4.3 The price of the Goods indicated on the website of the eShop does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the delivery cost of the Goods according to the current rates of the delivery services (carriers) directly to the delivery service (carrier) chosen by the Buyer.
4.4 The Seller may specify the approximate delivery cost of the Goods to the Buyer’s address when the Buyer makes a relevant request to the Seller by sending an email or when placing an order through the online shop operator.
4.5 Settlements between the Seller and the Buyer for the Goods shall be made by the methods specified on the website of the online shop when placing the order.
4.6. The Buyer’s obligations to pay for the Goods shall be deemed fulfilled from the moment the Seller receives the funds on its account when paying for the Goods online or from the moment the money transfer is received in favour of the delivery service when paying for the Goods at the moment of their receipt.
4.7 Upon receipt of the Goods, the Buyer shall check the conformity of the Goods with the quality and quantity characteristics (product name, quantity, completeness and shelf life) in the presence of the delivery service (carrier) representative.
4.8 By accepting the Goods, the Buyer or his/her representative confirms that he/she has no complaints about the quantity, appearance and completeness of the Goods.
4.9. The right of ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer from the moment the Buyer receives the Goods at the place of delivery of the Goods if the Seller delivers the Goods himself or when the Seller delivers the Goods to the delivery service (carrier) selected by the Buyer.
4.10. If the Buyer fails to collect the goods at the delivery point on the date agreed at the time of ordering or fails to perform other actions necessary for the acceptance of goods, the Seller shall deliver the goods again at a new time agreed with the Buyer by phone. In this case, the Buyer is obliged to pay for the delivery of the Goods for the first time and the re-delivery at the delivery service rates.
5. Rights and obligations of the Parties
5.1 The Seller shall:
5.1.1 Deliver the goods to the Buyer in accordance with the terms of this Contract and the Buyer’s order.
5.1.2 not disclose any private information about the Buyer and not provide access to this information to any third parties, except as required by law and when fulfilling the Buyer’s Order.
5.2 Seller has the right:
5.2.1 To change the terms of this Agreement as well as the prices of the Goods unilaterally by posting them on the Online Store’s website. All changes shall become effective upon publication.
5.3 The Buyer shall:
5.3.1 Before concluding the Agreement, read the contents of the Agreement, the terms and conditions of the Agreement and the prices offered by the Seller on the website of the Online Shop.
5.3.2 In fulfilment of Seller’s obligations to the Buyer, the latter shall provide all necessary data unambiguously identifying him as the Buyer and sufficient for the delivery of the ordered Goods to the Buyer.
5.4 The Buyer shall have the right:
5.4.1. conclude a contract for the purchase of the Goods in accordance with the terms of this Offer.
5.4.2 To receive the ordered Goods within the delivery time specified in the order.
6. Return of Goods
6.1 If the buyer discovers any defects in the goods, he has the right to complain to the seller about the return of goods in accordance with the Civil code of Ukraine and the law of Ukraine “On protection of consumer rights”. The procedure for filing a claim is determined by the aforementioned legal acts.
6.2 Claims regarding quality of Goods shall be sent in writing to the seller’s e-mail address. The claim must state the full name of the Buyer, the order number and date, the date of payment and the date of delivery of the goods, and describe the defects detected and the date and circumstances of their detection. Pictures may be added to the claim.
6.3 The Seller shall review the complaint within 15 calendar days of receipt and provide the Buyer with a reasoned response on satisfaction or rejection of the complaint by sending the relevant decision to the Buyer’s e-mail address from which the complaint was received.
6.4 If the claim is satisfied, the value of the goods shall be refunded by bank transfer to the Buyer’s account within 10 calendar days of the satisfaction of such claim.
7. Liability
7.1 The Seller is not liable for any damage caused to the Buyer or third parties as a result of improper use, consumption or storage of the Goods by the Buyer or a third party.
7.2 If the Buyer provides false or misleading information when ordering the Goods, the Seller is not liable for the improper, untimely fulfilment of the Orders and its obligations.
7.3 The Seller and the Buyer shall be liable for the fulfilment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4 The Seller or the Buyer shall be released from responsibility for full or partial non-fulfilment of their obligations if non-fulfilment is a consequence of force majeure such as war or military actions, earthquake, flood, fire and other natural disasters, epidemics, pandemics that occurred independently of the Seller and/or the Buyer after the conclusion of the Agreement. The Party that is in a position to fulfil its obligations shall immediately notify the other Party thereof.
8. Confidentiality and protection of personal data.
8.1 By submitting their personal data on the website of the online shop when registering or placing an Order, the Buyer provides the Seller with their voluntary consent to process, use (including transfer) their personal data, as well as to perform other actions provided for by the Personal Data Protection Act of Ukraine, without limiting the validity period of such consent.
8.2 The purposes and conditions for the collection, processing and use of personal data are set out in the Privacy Policy posted on the website of the online shop.
9. Other conditions
9.1 This contract is concluded in the territory of Ukraine and in accordance with the laws of Ukraine in force.
9.2 All the disputes arising between the Buyer and the Seller shall be resolved through negotiations. If the dispute is not resolved by negotiation, the Buyer and/or the Seller shall have the right to apply for resolution of the dispute to the judicial authorities in accordance with the applicable laws of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
INSOL LTD.
Location: 44A Buchma St., bldg. 134, bldg. 61136, Kharkiv Oblast, Kharkiv
Legal entity identification code 40977390
Tel: +38 (099) 450 45 24; +38 (098) 557 50 12,
E-mail: ginseng.ua.pro@gmail.com