This public offer (hereinafter referred to as the Offer) is an offer from the online store peptolabs.com (hereinafter referred to as the “Company”), registered in accordance with the laws of USA, on the one hand, addressed to an indefinite number of legally capable individuals to enter into a retail purchase and sale agreement for food products / Dietary supplements, Product(s) for personal use (hereinafter referred to as the “User”), on the other hand, according to the assortment presented on the website peptolabs.com (hereinafter referred to as the Agreement) on the conditions set out below.
1. Definitions of the main terms of the Agreement:
1.1. “Acceptance” – acceptance of all, without exception, terms of this Agreement by the User through the User’s placing an Order on the Site.
1.2. “Registration” – successful completion by the User of the Site of the electronic registration form (where the User’s Personal Data is entered), allowing the Company to identify the User and the User to use the Service.
1.3. “Account” is a collection of data about the User, including information provided by the User and internal information of the Service about the User. Login to the personal account of the Account is carried out by the User entering the login and password that were specified by the User when registering on the Site.
1.4. “Service” (“Services”) – a set of technical and technological capabilities of the Site, other services implemented using the Site, provided by the Company to the User.
1.5. “Site Software” – programs for an electronic computer, a database that ensures the functioning of the Site and storage of information related to it, including audiovisual, text, graphic and other displays generated by such programs, the exclusive rights to which belong to the Company or its partners.
1.6. “Goods”, “Services” – goods and/or services that the User can purchase through the Site.
1.7. “Ordering a Product”, “Order” – selecting and adding a Product by the User through the Site interface to the shopping cart (hereinafter referred to as the Cart) and indicating the delivery time and place. For the Product in the Cart, the User can indicate individual characteristics, quantity, etc. The process of placing an Order is specified in this Agreement.
1.8. “Payment for the Goods” – the User chooses at his own discretion the method of payment for the Goods from those available on the Site. The list of available payment methods is indicated directly in the Cart when placing an Order for the Product.
1.9. “Delivery of Goods” – the User chooses the method of delivery of the ordered Goods at his own discretion from those available on the Site. Payment for the Goods Delivery service is carried out in the same way as Payment for the Goods, with the exception of when the goods are delivered outside of Kyiv. Delivery times are indicated when placing an order for the Product.
1.10. “Receipt of the Goods” – receipt of the Goods by the Buyer within the time specified in the Order. In case of violation of deadlines or evasion of receipt of the Goods, re-delivery is paid in full. At the time of transfer of the Goods, the User is obliged to inspect the received Goods, check the completeness, integrity of the packaging, etc. Claims regarding shortages, incompleteness or non-compliance with the order after delivery will not be accepted.
2. Subject of this Agreement
2.1. In accordance with this Agreement, the Company provides the User with the opportunity to use the Site, Service, as well as purchase and/or order Products during the validity period of this Agreement
2.2. Placement of an Order by the Buyer in the manner established by this Agreement is considered acceptance of this Agreement. The purchase and sale agreement for a specific Product is considered concluded from the moment the Buyer pays the full cost of the relevant Order.
2.3. Additional information about the Company, the Product, the conditions for its use, the procedure for executing the concluded agreement by the Company is published on the Site.
2.4. The Company has the right, at its own discretion and without explanation, not to provide any features of the Service to Site Users.
2.5. The User uses the Site and Service, including to make purchases and/or order Goods in accordance with this Agreement and the legislation of USA.
3. Placing an Order
3.1. To purchase and/or order Products, the User selects on the Site the quantity of Products he needs, address, terms and delivery time. The Order is placed by filling out special forms on the Site. Information about placed Orders is available to the Buyer in his personal account if he has previously registered on the Site.
3.2. If the User provides false information when registering and/or placing an Order, the Company is not responsible for the impossibility of executing the completed Order.
3.3. The Order may be changed or canceled by the User at any time before the Product is transferred to the User.
3.4. The cost of Delivery of the Goods is not included in the cost of the Order and is determined according to the tariffs of the delivery service depending on the delivery address.
4. Payment
4.1. Payment for the Goods is made by the method chosen when the User places the Order.
4.2. When paying for Goods non-cash, the User must follow the instructions of his bank or payment agent. Non-cash payment is possible when purchasing goods through a retail store (pickup point) of the distribution network.
5. Delivery of the Goods.
5.1. The Company provides the User with information about the execution of the Order in the personal account or by sending messages to the User’s email, as well as in other ways at the Company’s discretion.
5.2. The User undertakes to accept the Product delivered by the delivery service at the place and time specified in the relevant Order. In the absence of the User, the Goods are transferred to any person who provides the Order number. The parties agreed that the User’s obligations to accept the Goods if they are received for the User by another person are fulfilled by this person on behalf of the User based on an agreement between them.
5.3. Upon receipt of the Goods, the User undertakes to check its completeness and appearance, the appearance of the container (packaging), make sure that there are no obvious visible defects and obvious non-compliance of the delivered Goods with the description on the Site and make an appropriate note in the document provided by the delivery service confirming the delivery of the Goods.
5.4. If the Product does not comply with the terms of the Agreement, the User undertakes, in the presence of a delivery service representative, to inform the Company about this by calling the contact center.
5.5. If the User provides incorrect data for the delivery of the Goods or fails to fulfill obligations to accept the Goods, the Company has the right to reimbursement of the cost of the Goods and the costs incurred for the delivery of the Goods, as well as the costs of return delivery and disposal of the Goods.
5.6. Upon receipt of the Goods, the Buyer undertakes to issue and sign an invoice or other documents offered by the delivery service and to pay for the Goods if the appropriate payment method was selected when placing the Order.
5.7 The user (buyer) agrees, after placing an order, to receive information forms related exclusively to the delivery of goods, notifications about the delivery of goods, changes in the operating hours of pick-up and delivery points, as well as other exclusively informational messages – mailings related to the trade and information policy of the store.
6. Rights and obligations of the Company
6.1. The Company has the right to improve the Service and expand its capabilities.
6.2. The Company has the right to notify the User about new features of the Service by email and/or mobile phone number specified by the User during Registration or Placement of an Order. The User has the right to refuse to receive the specified newsletter by notifying the Service in writing.
6.3. The Company has the right, without the consent of the User, to modify the Site in any way at its discretion, including changing the design of the Site, the terms of provision of Services, adding new Services, stopping the provision of Services, and also interrupting access to the Site while the Company is carrying out the above work. If access to the Site and/or Service is disabled for a significant period of time (more than 24 hours), the Company will make every effort to notify the User about this if possible.
6.4. The Company has the right to popularize and promote the Site and Service; has the right to place advertising materials on any page of the Site, including, but not limited to, contextual advertising, banners, as well as videos and interactive commercials in the Service.
6.5. The Company has the right to refuse the User Registration, temporarily suspend the User Account or delete the User Account without warning or explanation.
6.6. The Company reserves the right to unilaterally and without prior notice to Users change the terms of this Agreement by posting the updated text of the Agreement on the Internet page of the Site.
6.7. The Company has the right to apply to the User who violates the terms of this Agreement the measures provided for in the Agreement, and also to demand that the User be subject to liability sanctions provided for by the legislation of USA.
6.8. The Company takes measures within its control to ensure the confidentiality of the User’s personal data specified during Registration. The Company has the right to record, store, process and otherwise use the User’s personal data, and undertakes not to provide it to third parties without an appropriate order from a government agency, a court decision or other legal basis.
6.9. The Company has the right to change prices for Products and tariffs for Services at its discretion and without prior notice to the User before placing an order. Prices for formed and approved orders for Goods and Services are not subject to change, provided that the order is received by the user (buyer) within 3 days.
6.10. The Company has the right to send informational and advertising messages via email and SMS messages, and the frequency of mailings is determined by the Company at its discretion.
7. Rights, obligations and guarantees of the User:
7.1. The User guarantees that his age at the time of Acceptance of this Agreement is at least 18 (eighteen) full years.
7.2. The User has the right to use the Site and Service in accordance with this Agreement.
7.3. The user has the right to familiarize himself with any information on the Site. The User acknowledges that access to certain types of information may be limited due to the need to perform additional organizational, technical or legal procedures determined by the Company, as well as failures in the operation of the Service.
7.4. The User has the right to make purchases and/or orders of Products through the Site, choose the desired delivery method, and return Products of inadequate quality within the time limits established by law, subject to compliance with the current legislation of USA.
7.5. The User undertakes to provide correct personal data for the purposes of the sale and delivery of the Product.
7.6. The User provides the Company with his consent to receive advertising and/or informational mailings.
7.7. The User has the right to refuse the Product in cases provided for by this Agreement and the current legislation of USA.
7.8. The User grants the Company the right to carry out the following actions: process their personal data, including last name, first name, patronymic, date of birth, gender, place of work and position, postal address; home, work, mobile phones, email address, including collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer within the territory of USA and cross-border transfer), depersonalization, blocking, destruction of personal data , as well as transferring them to the Company’s counterparties for the purpose of further processing (including collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer on the territory of USA and cross-border transfer), depersonalization, blocking, destruction of personal data) to conduct research aimed at improving the quality of services, to conduct marketing programs, statistical research, as well as to promote services on the market by making direct contacts with the User using various means of communication, including, but not limited to: mailing lists, email mail, telephone, fax, Internet.
8. Limitation of liability
8.1. By starting to use the Site and Service, the User understands that technical errors and malfunctions may occur in their operation, and also acknowledges that the Company is not financially responsible for any consequences of the operation of the Site and Service, for the performance of the User’s technical means when using them, for the compliance of the Site and the Service for the purposes of the User.
8.2. The Company is not responsible for non-fulfillment or improper fulfillment of its obligations due to failures in the operation of telecommunications and energy networks, the action of malware, as well as dishonest actions of third parties aimed at unauthorized access and/or disabling the Software and/or hardware complex Companies.
8.3. The content of the Site is for informational purposes only. The site administration is not responsible for inaccurate data. Factual data relating to the availability of the Product, its cost at the time of purchase by the User, the taxation conditions of the Product are checked by the User when placing an order for the Product through the Site. The Company is not responsible for possible losses that may result from the use of information from the Site or Products purchased through the Site.
8.4. The Company notifies, and the User agrees, that certain items in the Product range may be unavailable and/or may be in smaller quantities available for order, which cannot serve as a basis for making any claims and/or claims to the Company due to the application of clause 8.3 of this Agreement on the content of the Site.
9. Intellectual property
9.1. This Agreement grants the User the right to use the Site, Service and Site Software exclusively in a legal manner, under the terms of this Agreement, during its validity period.
9.2. The User confirms that he will use the Site Software only in accordance with this User Agreement.
10. User’s responsibility
10.1. For using the Site and/or Service and/or Software of the Site and/or Product in ways not provided for in this Agreement, violating the rights of the Company or third parties (right holders), the User, in accordance with the legislation of USA, bears civil, administrative and criminal liability.
11. Validity of this Agreement
11.1. This Agreement is concluded for the period from the moment of its acceptance by the User until the validity date of the User Account.
11.2. The User has the right to familiarize himself with the current version of the Agreement by going to the Internet page of the Site peptolabs.com
