Public Offer Agreement
1. General provisions
1.1. This Agreement, in accordance with Articles 633 and 641 of the Civil Code of Ukraine, is a public agreement (offer), an official and public offer of the Seller addressed to an indefinite circle of persons to conclude an agreement for the sale of Goods presented on the website www.tereno.com.ua
1.2. By entering into this Agreement, the Buyer fully accepts the terms and conditions set forth herein.
1.3. In accordance with Article 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 provided therein, is the fact of placing a corresponding order by the Buyer on the website of the online store.
1.4. The Seller has the right to unilaterally change the terms of this Agreement at any time. The amended Agreement becomes effective by posting it on the Seller's website.
1.5. In this Agreement, the following terms shall have the following meanings:
1.5.1. “Online Store” means the Seller's website at www.tereno.com.ua, created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
1.5.2. “Goods” – the object of the agreement between the parties, which was selected by the Buyer on the website of the Online Store and placed in the shopping cart, or already purchased by the Buyer from the Seller remotely.
1.5.3. “Buyer” means a legally capable natural person who has reached the age of 18, or a legal entity, or an individual entrepreneur who places an order on the website: www.tereno.com.ua
1.5.4. “Seller” – individual entrepreneurs and/or legal entities that sell Goods on the website: www.tereno.com.ua
1.5.5. “Order” – individual items from the range of Goods offered by the Seller, selected and specified by the Buyer when placing an order on the website: www.tereno.com.ua
1.5.6. “Delivery Service” - a legal entity or individual entrepreneur that provides services for the delivery (transportation) of goods from the Seller to the Buyer.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of conclusion of the Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be deemed to be the date on which the Buyer fills out the order form located on the website of the online store, provided that the Buyer receives an electronic confirmation of the order from the Seller.
3. Placing an order
3.1. The Buyer places an order in the Online Store independently using the “Shopping Cart” form or by calling the phone number listed in the contact section of the Online Store website.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if 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 online store's website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. the Buyer's surname and first name;
3.3.2. the address of the Nova Poshta branch or other delivery service;
3.3.3. the Buyer's contact phone number;
3.3.4. the Buyer's email address;
3.3.5. identification code (for legal entities and individual entrepreneurs);
3.3.6. confirmation of reaching the age of 18.
3.4. The name, quantity, and price of the Goods selected by the Buyer are indicated in the Buyer's shopping cart on the Online Store website.
3.5. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller shall not be liable for providing quality service to the Buyer when purchasing the Goods on the website of the online store.
3.6. If the Goods are not available from the Seller at the time of the Buyer's order, the Seller shall notify the Buyer thereof.
3.7. The Buyer's paid order shall be sent to the Buyer by the Seller via a delivery service to the address specified by the Buyer in the order within 24 hours from the date of receipt of payment by the Seller for the Goods. If the Buyer chooses to pay by cash on delivery, the Goods shall be sent to the Buyer within two days from the date of order confirmation by the Seller.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the order.
3.9. By entering into the Agreement, i.e., accepting the terms of this offer (the proposed terms of purchase of the Goods) by placing an order, the Buyer confirms the following:
a) The Buyer is fully and completely familiar with and agrees to the terms of this offer (proposal);
b) The Buyer gives permission for the collection, processing, and transfer of personal data; permission for 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 entering into the Agreement, the Buyer confirms that they have been informed (without additional notification) of their rights under the Law of Ukraine “On the Protection of Personal Data,” the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and receiving 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 notification to 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 the Law of Ukraine “On the Protection of Personal Data” is known and understood by him.
4. Price, payment, delivery, and return of 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 hryvnia and are valid at the time of placing the order.
4.2. The price of the Goods may be changed by the Seller unilaterally, but the price of the Goods, the cost of which has been paid in full by the Buyer, is not subject to change by the Seller.
4.3. The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current rates of the delivery service.
4.4. The total price of the Buyer's order (the price of the Contract) is determined by the cost of the Goods ordered by the Buyer and is indicated on the website of the online store.
4.5. The Buyer pays for the Goods under the Contract by transferring funds to the Seller's current account. The date of payment shall be the date on which the funds are credited to the Seller's account.
4.6. The Buyer shall pay additionally for the services of payment systems, terminals, and banks used by the Buyer to pay for the order.
4.7. Payment for the Goods shall be made by the Buyer using the methods specified on the website of the online store.
4.8. Delivery of the Goods paid for by the Buyer shall be made to the address specified by the Buyer in the order.
4.9. 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 (name of the goods, quantity, completeness, shelf life).
4.10. By receiving the Goods, the Buyer or their representative confirms that they have no complaints about the quantity, appearance, shelf life, and completeness of the Goods.
4.11. Ownership and 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).
4.12. Dietary supplements available for order are not subject to exchange or return.
4.13. Upon receipt of the order, the Buyer shall inspect the assortment, completeness, and quality of the Goods, as well as the packaging for defects. By signing the consignment note and/or delivery note, acceptance certificate, or other document provided to the Buyer by the delivery service upon receipt of the Goods by the Buyer, the Buyer confirms receipt of the Goods and the absence of objections regarding their assortment, completeness, quality, and integrity of packaging.
4.14. The procedure for exchange and return, in case the Buyer finds the Goods to be of inadequate quality, is regulated by Article 8 of the Law of Ukraine “On Protection of Consumer Rights.”
5. Rights and obligations of the Parties
5.1. The Seller shall:
5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except as provided by law or at the request of the Buyer.
5.2. The Seller has the right to:
5.2.1 Change the terms of this Agreement, as well as the Tariffs (prices) for Goods and services, unilaterally, under the terms provided for in this Agreement, by posting them on the website of the Online Store. All changes shall take effect from the moment of their publication.
5.2.2. To withdraw from the Purchase Agreement if the Buyer delays acceptance of the Goods without sufficient grounds for more than 14 calendar days from the date when the delivery service delivered the Goods to the Buyer at the address specified by the Buyer in the order.
5.3. The Buyer undertakes:
5.3.1 To familiarize themselves with the content of the Agreement, the terms of the Agreement, and the tariffs (prices) offered by the Seller on the Online Store website before concluding the Agreement.
5.3.2 To fulfill the Seller's obligations to the Buyer under this Agreement;
5.3.3. To accept the ordered Goods, except in cases where the Buyer has the right to demand their replacement or refuse the purchase agreement. The Buyer is obliged to take all necessary actions to receive the goods.
6. Liability of the Parties
6.1. The Parties shall be liable for failure to perform or improper performance of the terms of this Agreement in accordance with the procedure provided for in this Agreement and the current legislation of Ukraine.
6.2. The Seller shall not be liable for improper or untimely fulfillment of orders and its obligations in the event that the Buyer provides inaccurate or false information when placing the order.
6.3. The Seller shall not be liable for delays in the execution of orders if such delays occurred for reasons beyond the Seller's control (delays in delivery due to the fault of the delivery service (carrier).
6.4. The Seller shall not be liable for any discrepancy between the appearance of the Goods depicted on the website of the online store and the actual appearance of the Goods, for minor discrepancies in the color range 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 shall not be liable for improper use or storage of goods ordered on the website www.tereno.com.ua by the Buyer.
6.6. The Buyer is obliged to follow the dosage instructions and recommendations of the manufacturer of the Goods. The Seller shall not be liable for the consequences of failure to comply with such instructions.
6.7. In the event of force majeure circumstances, the parties shall be released from the performance of the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances are understood to be events of an extraordinary, inevitable, and unpredictable nature that exclude or objectively impede the performance of this Agreement, the occurrence of which the parties could not have foreseen and prevented by reasonable measures.
6.8. The party for which it has become impossible to perform its obligations under this Agreement due to force majeure circumstances and/or their consequences shall notify the other party of the occurrence of the above circumstances in accordance with the terms of the Agreement. In the event of force majeure circumstances, the term for the performance of obligations under this Agreement shall be extended in proportion to the time during which such circumstances and/or their consequences are in effect.
7. Other terms and conditions
7.1. This Agreement shall be deemed concluded upon receipt by the person who sent the proposal to conclude the Agreement (offer) of a response accepting this proposal (acceptance) in accordance with the procedure established by this Agreement and the current legislation of Ukraine.
7.2. All disputes arising between the Parties shall be resolved through negotiations. If the disputed issue cannot be resolved through negotiations, the Parties shall have the right to refer the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
7.3. Amendments to the Agreement may be made by mutual agreement of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
7.4. In the event that a particular clause of this Agreement becomes invalid, all other clauses shall remain in force and the Agreement shall continue to be valid, but without taking into account the clause that has become invalid.
