Public offer agreement for the sale of goods through the Healing Traditions online store
1. General provisions
1.1. This document is an official proposal — a public offer — of an individual entrepreneur FOP Serba A.A., hereinafter referred to as the "Seller", to conclude a contract for the purchase and sale of goods remotely with any individual or legal entity that accepts the terms of this Offer.
1.2. The Healing Traditions online store is located at:
healingtraditions.com.ua
1.3. This Offer regulates the procedure for purchasing goods through the Healing Traditions online store, as well as the rights and obligations of the Seller and the Buyer.
1.4. Placing an order on the site means that the Buyer has read the terms of this Offer and accepts them in full.
1.5. The Agreement between the Seller and the Buyer is considered concluded in electronic form from the moment the Buyer accepts this Offer and confirms the order in the manner provided for by this Agreement.
1.6. The electronic form of the Agreement complies with the requirements of the legislation of Ukraine regarding the conclusion of electronic transactions. The Law of Ukraine “On Electronic Commerce” defines an electronic agreement as an agreement of the parties executed in electronic form.
2. Terms and definitions
In this Agreement, the following terms have the following meanings:
Seller — Individual Entrepreneur Serba A.A., who sells goods through the Healing Traditions online store.
Online store — Healing Traditions website, through which the Buyer can familiarize himself with the goods, place an order and make their purchase.
Buyer — an individual or legal entity that orders goods through the Online store.
Goods — products presented in the Online store and available for order.
Order — a properly executed request by the Buyer to purchase one or more goods.
Parties - Seller and Buyer together.
3. Subject of the Agreement
3.1. The Seller undertakes to transfer the ownership of the Goods selected by him to the Buyer, and the Buyer undertakes to accept the Goods and pay for their cost under the terms of this Agreement.
3.2. The assortment of goods, their characteristics, price and availability are indicated on the relevant pages of the Online Store.
3.3. The Seller has the right to change the assortment, characteristics and prices of goods without prior notice to the Buyer.
3.4. Changing the price of goods after placing and confirming an order does not affect the cost of an already confirmed order, unless otherwise agreed by the parties.
4. Information about the goods
4.1. Information about the goods is placed on the relevant page of the Online Store.
4.2. The Seller strives to provide the most accurate information about the goods, their origin, composition, characteristics, method of use, packaging and other properties.
4.3. Images of products on the site may differ from the actual appearance of the product due to the peculiarities of the monitor's color rendering, lighting, photography, or individual characteristics of natural materials.
4.4. For natural, plant, wood and other natural products, differences are possible in:
- color;
- shape;
- size;
- texture;
- aroma;
- appearance.
Such differences may be natural properties of the relevant product and are not considered a defect if the product meets the declared characteristics.
5. Ordering
5.1. The Buyer may place an order through the functionality of the Online Store or in another way proposed by the Seller.
5.2. When placing an order, the Buyer indicates the necessary information, in particular:
- name and surname;
- phone number;
- e-mail address;
- delivery method;
- delivery address or branch;
- payment method;
- other information necessary to fulfill the order.
5.3. The Buyer is responsible for the accuracy of the information provided.
5.4. After placing the order, the Seller may contact the Buyer to confirm the order or clarify the details.
5.5. The order is considered confirmed after it is confirmed by the Seller in one of the available ways.
6. Acceptance of the offer
6.1. The Buyer accepts the terms of this Offer by performing the actions provided for by the functionality of the site, in particular, placing an order and/or clicking a button such as “Place an order”, “Order”, “Pay” or another button with similar content.
6.2. Before placing an order, the Buyer has the opportunity to familiarize himself with the terms of this Agreement.
6.3. By placing an order, the Buyer confirms that:
- has familiarized himself with the terms of the Offer;
- agrees with its provisions;
- provides reliable information;
- has the necessary civil capacity to conclude an agreement.
7. Price of the goods
7.1. The price of each product is indicated on the website of the Online Store.
7.2. Prices may be indicated in hryvnias or another currency depending on the settings of the site.
7.3. Delivery costs, payment system fees and other additional costs, if applicable, are indicated separately.
7.4. The Seller has the right to change the prices of the goods.
7.5. The cost of an already confirmed order does not change without the consent of the Buyer.
8. Payment
8.1. Payment for the goods is made by the methods available at the time of placing the order.
8.2. Available payment methods may include:
- payment by details;
- postpaid;
- other methods specified on the site.
8.3. When using a third-party payment service, payment information is processed by the relevant payment provider.
8.4. If the payment has not been made or confirmed, the Seller has the right not to transfer the goods until the payment is received, unless otherwise provided for by the selected payment method.
9. Delivery
9.1. Delivery is made by the methods available on the site at the time of placing the order.
9.2. Delivery can be made via postal and courier services, in particular the delivery service Nova Poshta / Ukrposhta / Meest / DHL.
9.3. The delivery time depends on the selected delivery method, region and the operation of the relevant delivery service.
9.4. The Seller is not responsible for delays caused by the operation of third-party delivery services, if such delays are not due to the Seller's fault.
9.5. The Buyer is obliged to check the correctness of the delivery data when placing an order.
10. Receipt of goods
10.1. When receiving an order, the Buyer is recommended to check:
- the integrity of the packaging;
- the number of goods;
- the conformity of the received goods to the order;
- the absence of obvious damage.
10.2. In the event of damage to the packaging or goods, the Buyer must notify the representative of the delivery service and the Seller.
10.3. If the Buyer discovers that the goods do not match the order or have other problems, he must contact the Seller using the contact details provided on the website.
11. Return and exchange of goods
11.1. The buyer has the right to return or exchange goods in accordance with the legislation of Ukraine and the conditions specified on the page "Return and exchange".
11.2. For goods subject to return or exchange, the terms and conditions established by the legislation of Ukraine apply.
11.3. For certain categories of goods, the law may establish exceptions to the right to exchange or return.
11.4. If the goods have individual features related to their natural origin, such features in themselves are not grounds for recognizing the goods as of inadequate quality.
11.5. The detailed procedure for return and exchange is specified on the page "Exchange and return".
The legislation of Ukraine provides for special rules for contracts concluded remotely, in particular the consumer's right to terminate such a contract in cases specified by law.
12. Features of goods of natural origin
12.1. Some of the goods presented in Healing Traditions may be of natural origin.
12.2. Natural products may have individual characteristics that differ from the image on the site.
12.3. The seller does not guarantee the absolute identity of each unit of a natural product in color, shape, size, texture or aroma, if such differences are due to natural properties.
13. Information on the use of goods
13.1. Information on the site about the traditional, cultural or historical use of goods is of an informational and educational nature.
13.2. Information about the traditional properties of plants, extracts, aromatic materials and other goods is not medical advice, diagnosis or recommendation for the treatment of diseases.
13.3. The goods are not positioned as a replacement for professional medical care, diagnosis or treatment, unless otherwise expressly provided for by law and documentation for a specific product.
13.4. The Buyer is solely responsible for familiarizing himself with the information about the product, its composition, method of use, possible contraindications and restrictions, if such information is indicated by the manufacturer or supplier.
14. Liability of the Parties
14.1. The Parties are liable for failure to fulfill or improper fulfillment of their obligations in accordance with the legislation of Ukraine.
14.2. The Seller is not liable for:
- interruptions in the operation of the Internet;
- technical malfunctions of the site that arose for reasons beyond the Seller's control;
- delays in the operation of third-party payment systems;
- delays in delivery services;
- contact or address data incorrectly specified by the Buyer;
- inability to fulfill the order due to circumstances beyond the Seller's control.
14.3. The provisions of this section do not limit the rights of the consumer guaranteed to him by the legislation of Ukraine.
15. Force Majeure
15.1. The Parties are exempt from liability for non-fulfillment or improper fulfillment of obligations if this was a consequence of force majeure circumstances that the Parties could not foresee or prevent.
15.2. Such circumstances may include, in particular:
natural disasters, fires, floods, military actions, terrorist acts, blockades, decisions of state authorities, disruptions in the work of critical infrastructure, other circumstances that meet the criteria of force majeure circumstances in accordance with the legislation of Ukraine.
16. Personal data
16.1. When placing an order, the Buyer provides the Seller with personal data necessary for the execution of the order.
16.2. Personal data is processed in accordance with the Privacy Policy posted on the website.
16.3. The Seller takes the necessary measures to protect the Buyers' personal data.
16.4. Detailed terms of processing personal data are set out in a separate Privacy Policy.
17. Intellectual Property
17.1. All materials posted on the Healing Traditions website, including:
- texts;
- photographs;
- graphic elements;
- logo;
- design;
- illustrations;
- video materials;
- names;
- other materials,
may be subject to copyright and other intellectual property rights.
17.2. Copying, reproduction, distribution or use of site materials without appropriate permission is prohibited, except in cases provided for by the legislation of Ukraine.
18. Dispute Resolution
18.1. The Parties shall attempt to resolve all disputes and disagreements through negotiations.
18.2. The Buyer may contact the Seller with a claim or appeal using the contact details specified on the website.
18.3. If it is impossible to resolve the dispute through negotiations, the dispute shall be resolved in accordance with the legislation of Ukraine.
19. Offer validity period
19.1. This Public Offer is valid from the moment of its publication on the website and until its withdrawal or replacement with a new version.
19.2. The Seller has the right to change the terms of this Offer.
19.3. The new version of the Offer comes into force from the moment of its publication on the website, unless otherwise specified in the new version.
19.4. The version of the Offer that was in effect at the time of conclusion of the relevant agreement applies to the order, unless otherwise provided by law.