Public Offer Agreement

General Provisions

1.1. This offer is an official proposal of LIMITED LIABILITY COMPANY “TRADING HOUSE “DYKA VYSHNIA”, hereinafter referred to as the “Seller”, to conclude a contract for the sale of goods at a distance, that is, through the Online Store, hereinafter referred to as the “Agreement”, and the Seller publishes this Public Offer (proposal) on its official website https://wild-cherry.shop/ (hereinafter the “Website”).

1.2. The Buyer’s payment for an order under the terms of this Agreement, within the time limits and at the prices indicated on the Seller’s Website, constitutes full and unconditional acceptance of the Seller’s proposal to conclude an electronic contract for the sale of goods.

Terms and Definitions

2.1. In this offer, unless the context otherwise requires, the terms below have the following meanings:

• “Goods” means the “Dyka Vyshnia” (Wild Cherry) tincture, information about which is posted on the Website, offered by the Seller for purchase by the Buyer through acceptance of this Offer.
• “Online Store” means, in accordance with the Law of Ukraine “On Electronic Commerce”, a means of offering or selling goods, works or services by concluding an electronic transaction.
• “Seller” means the company that sells the goods presented on the Website.
• “Buyer” means a natural person who has concluded the Agreement with the Seller on the terms set out below.
• “Order” means the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.

Subject of the Agreement

3.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.

This Agreement governs the purchase and sale of goods in the Online Store, including:

• the Buyer’s voluntary selection of goods in the Online Store;
• the Buyer’s independent placement of an order in the Online Store;
• the Buyer’s payment for an order placed in the Online Store;
• processing and delivery of the order into the Buyer’s ownership on the terms of this Agreement.

Ordering Procedure

4.1. The Buyer may place an order for any product presented on the Online Store Website that is in stock.

4.2. Each item may be ordered in any quantity.

4.3. If a product is out of stock, the company’s Manager shall notify the Buyer by phone or by e-mail.

4.4. If a product is unavailable, the Buyer may replace it with a similar product, decline that product, or cancel the order.

Payment Procedure

Cash on Delivery

5.1. Payment is made in cash in hryvnias upon receipt of the goods at the carrier’s branch.

5.2. If payment is not received, the Online Store reserves the right to cancel the order.

Payment via NovaPay

5.3. Payment is made on the website at the time the order is placed.

5.4. If payment is not received, the Online Store reserves the right to cancel the order.

Delivery Terms

6.1. Goods purchased in the Online Store are delivered to the warehouses of carriers, where orders are handed over. Delivery may also be made by courier to the address specified when placing the order.

Rights and Obligations of the Parties

7.1. The Seller has the right:

• to unilaterally suspend the provision of services under this agreement if the Buyer breaches its terms.

7.2. The Buyer is obliged:

• to pay for and receive the order in a timely manner on the terms of this agreement.

7.3. The Buyer has the right:

• to place an order in the Online Store;
• to conclude an electronic agreement;
• to demand that the Seller fulfil the terms of this Agreement.

Liability of the Parties

8.1. The Parties are liable for non-performance or improper performance of the terms of this agreement in accordance with this agreement and the current legislation of Ukraine.

8.2. The Seller is not liable for:

• changes to the appearance of the Goods made by the manufacturer;
• minor discrepancies in the colour of the goods, which may differ from the original solely due to differences in colour rendering of individual computer monitor models;
• the content and accuracy of information provided by the Buyer when placing an order;
• delays and interruptions in the provision of Services, namely order processing and delivery of goods, occurring for reasons beyond its control;
• unlawful acts committed by the Buyer using this access to the Internet;
• the Buyer’s disclosure of its network identifiers, such as IP and MAC addresses, login and password, to third parties;

8.3. The Buyer, using the Internet access provided to them, is solely responsible for any damage caused by their actions, personally, even if another person was using their login, to persons or their property, legal entities, the state or moral principles.

8.4. Upon the occurrence of force majeure, the parties are released from performing the terms of this agreement. For the purposes of this agreement, force majeure means events of an extraordinary and unforeseen nature that preclude or objectively prevent performance of this agreement and which the Parties could neither foresee nor prevent by reasonable means.

8.5. The Parties shall make every effort to resolve any disputes exclusively through negotiations.

Other Terms

9.1. The Online Store reserves the right to unilaterally amend this agreement, subject to prior publication on the website https://wild-cherry.shop/

9.2. The Online Store was created to arrange distance selling of goods via the Internet.

9.3. The Buyer is responsible for the accuracy of the information provided when placing an order. By accepting the offer, that is, by placing an order and subsequently paying for the goods, the Buyer gives the Seller unconditional consent to the collection, processing, storage and use of their personal data within the meaning of the Law of Ukraine “On Personal Data Protection”.

9.4. The Buyer’s payment for an order placed in the Online Store constitutes the Buyer’s full agreement with the terms of the sale contract (public offer).

9.5. The actual date of the electronic transaction between the parties is the date of acceptance of the terms in accordance with Article 11 of the Law of Ukraine “On Electronic Commerce”.

9.6. Use of the Online Store to browse goods and to place orders is free of charge for the Buyer.

9.7. Information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for processing orders, sending notifications to the Buyer, delivering goods, making settlements, and similar purposes.

Return of Goods of Proper Quality

10.1. Goods are returned to the Online Store in accordance with the current legislation of Ukraine.

10.2. Goods are returned to the Online Store at the Buyer’s expense.

10.3. When the Buyer returns goods of proper quality, the Online Store refunds the amount paid for the goods upon their return, less the Online Store’s costs related to delivering the goods to the Buyer.

Term of the Agreement

11.1. An electronic agreement is deemed concluded when the person who sent the proposal to conclude it receives a response accepting that proposal in the manner set out in part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.

11.2. Before its expiry, this Agreement may be terminated by mutual consent of the parties until the goods are actually delivered, by way of a refund.

11.3. The Parties may terminate this agreement unilaterally if either party fails to fulfil the terms of this Agreement and in other cases provided for by the current legislation of Ukraine.

Seller’s Address and Details