PUBLIC OFFER

of the VITASAN Online Store

This document constitutes a public offer by Individual Entrepreneur Kateryna Savina to enter into a distance sales agreement and sets out the terms and conditions for ordering, payment, delivery, receipt, exchange and return of goods, as well as the rights and obligations of the Seller and the Buyer.

By placing an Order on the Website, the Buyer confirms that they have had the opportunity to review the terms of this Public Offer, understand them and accept them in accordance with the procedure established by the laws of Ukraine.

1. GENERAL PROVISIONS

1.1. This document constitutes a public offer by the Seller to enter into a distance sales agreement in accordance with the laws of Ukraine.

1.2. Seller — Individual Entrepreneur Kateryna Savina (ФОП Савіна Катерина Олександрівна), Ukrainian Taxpayer Registration Number (РНОКПП): 2844905948.

1.3. Website — the VITASAN online store located at vitasan.com.ua.

1.4. Buyer — an individual or legal entity placing an Order on the Website.

1.5. Consumer — an individual purchasing Goods for personal needs not directly related to business activities or the performance of duties as an employee.

1.6. Goods — products offered for sale on the Website.

1.7. Order — a duly submitted request by the Buyer to purchase one or more Goods.

1.8. By placing an Order, the Buyer accepts the terms of this Offer in accordance with the procedure established by the laws of Ukraine.

1.9. Before placing an Order, the Buyer is provided with an opportunity to review the terms of this Offer.

1.10. The Seller has the right to amend this Offer. A new version becomes effective upon its publication on the Website and applies to Orders placed after such publication unless otherwise provided by law.

2. INFORMATION ABOUT THE GOODS

2.1. The main characteristics, composition, volume or weight, intended purpose, directions for use and other information about the Goods are provided on the relevant product page and/or on the packaging, label or in the manufacturer's documentation.

2.2. Information on the Website is prepared, among other things, on the basis of information provided by the manufacturer and/or supplier of the relevant Goods.

2.3. The appearance of the product packaging may differ from the images displayed on the Website due to changes made by the manufacturer to the design, labelling or other packaging elements, provided that such changes do not affect the essential properties of the Goods.

2.4. Differences in colour or shade caused by the display settings of the Buyer's device shall not constitute a defect in the Goods.

2.5. Before purchasing the Goods, the Buyer should review their characteristics, composition, intended purpose, directions for use, storage conditions, warnings and contraindications, where applicable.

2.6. In the event of any discrepancy between general information provided on the Website and the current labelling or instructions applicable to a particular batch of Goods, the Buyer should follow the manufacturer's current information provided on the Goods, packaging or instructions, unless otherwise provided by law.

3. PRICES AND AVAILABILITY

3.1. Prices for Goods are stated on the Website in Ukrainian hryvnias (UAH).

3.2. Delivery charges, cash-on-delivery fees and other third-party service charges may not be included in the price of the Goods and shall be determined in accordance with the terms stated on the Website and the applicable tariffs of carriers, payment service providers and other service providers.

3.3. The Seller has the right to change the prices of Goods before the relevant Order is placed.

3.4. The price of Goods under a duly concluded agreement may not be unilaterally changed by the Seller except where permitted by law or agreed by the parties.

3.5. Information regarding product availability may change due to simultaneous sales through different sales channels, technical updates of inventory records or other objective circumstances.

3.6. If ordered Goods are unavailable, the Seller shall inform the Buyer and may offer to wait for restocking, select alternative Goods, or cancel the relevant item or Order.

3.7. If an obvious technical error is identified in the price, discount, characteristics, quantity, availability or other material information concerning the Goods, the Seller shall inform the Buyer and offer the Buyer the option to confirm the Order under the corrected terms or cancel it.

3.8. If payment has already been received for a cancelled Order, the funds shall be refunded to the Buyer in accordance with applicable law and the rules of the relevant payment service provider.

4. PLACING AND CONFIRMING AN ORDER

4.1. An Order may be placed through the Website or by another method made available by the Seller.

4.2. The Buyer must provide accurate and sufficient information required for processing, payment and delivery of the Order.

4.3. The Buyer is responsible for the accuracy of the contact details, recipient's full name, telephone number, address, locality, branch or parcel locker number and any other information necessary to fulfil the Order.

4.4. An automated Website notification confirming receipt of the Order confirms that the Order has been received by the Seller's information system.

4.5. If additional information is required to fulfil an Order, the Seller has the right to contact the Buyer using the contact details provided by the Buyer.

4.6. If the Seller is unable to contact the Buyer and fulfilment of the Order is objectively impossible without such contact, fulfilment may be suspended until the necessary information is received.

4.7. The Seller has the right to cancel duplicate Orders after verifying the circumstances under which they were placed.

5. PAYMENT

5.1. Available payment methods are displayed on the Website when placing an Order.

5.2. Depending on the methods available at the time of placing the Order, payment may be made:

  • online by bank card;

  • via WayForPay;

  • via Apple Pay or Google Pay;

  • by bank transfer to the Seller's account;

  • by cash on delivery;

  • by another method available on the Website.

5.3. Fees charged by banks, postal operators, payment systems and other third parties shall be paid in accordance with their applicable tariffs unless otherwise expressly stated by the Seller.

5.4. The Seller does not receive or store the Buyer's full payment card details where payment is processed by a third-party payment service provider.

6. DELIVERY

6.1. Delivery is carried out using the methods available on the Website at the time the Order is placed.

6.2. Current carriers, tariffs, free-delivery conditions and available delivery methods are specified on the “Payment and Delivery” page and/or during checkout.

6.3. Delivery times depend on the selected carrier, destination, operating conditions and other circumstances.

6.4. Once a shipment has been transferred to the carrier, the actual transportation time is determined by the terms and operating conditions of the relevant carrier unless otherwise expressly agreed by the parties.

6.5. The Seller shall not be liable for delivery delays caused by acts or omissions of the carrier, hostilities, air raid alerts, traffic restrictions, accidents, interruptions in electricity supply or communications, emergencies or other circumstances beyond the Seller's reasonable control, except where such liability is expressly imposed by law.

7. RECEIPT OF AN ORDER

7.1. Upon receipt of a shipment, the Buyer is advised to check the integrity of the packaging, completeness of the Order and absence of visible damage in accordance with the carrier's rules.

7.2. If damage caused during transportation is discovered, the Buyer is advised to document such damage at the time of receipt in accordance with the procedure established by the relevant carrier.

7.3. To facilitate prompt consideration of a claim, the Buyer is advised to retain the packaging, labelling and shipping document and, where possible, take photographs or video of the damage.

7.4. Photographs and video recordings of the packaging and Goods may be used to establish the circumstances of the damage and assess the claim.

7.5. The absence of photographs or video does not in itself deprive the Buyer of any rights provided by the laws of Ukraine.

8. UNCLAIMED AND RETURNED SHIPMENTS

8.1. The Buyer must collect the shipment in a timely manner or inform the Seller of the need to change the collection conditions where such change is possible.

8.2. If a shipment is returned to the Seller due to incorrect information provided by the Buyer, expiration of the storage period, refusal by the Buyer to accept the shipment or other circumstances attributable to the Buyer, reshipment shall be carried out by agreement between the parties.

8.3. The Seller has the right to require advance payment of the cost of reshipment and other actual expenses directly related to reshipment to the extent permitted by law.

8.4. If an Order was prepaid and subsequently returned to the Seller, the refund of the purchase price and reimbursement of actual expenses incurred shall be handled in accordance with the laws of Ukraine and the circumstances of the particular Order.

8.5. The Seller shall not impose penalties that are contrary to the laws of Ukraine.

9. EXCHANGES AND RETURNS

9.1. Exchanges and returns of Goods shall be carried out in accordance with the laws of Ukraine in force at the time the relevant Goods were purchased.

9.2. The Buyer has the right to exchange or return Goods of proper quality in the cases, within the time limits and in accordance with the procedures provided by law.

9.3. Goods of proper quality that fall within categories which, under applicable law, are not subject to exchange or return may not be exchanged or returned on the grounds applicable to Goods of proper quality.

9.4. Such statutory restrictions may apply, in particular, to perfumery and cosmetic products and other categories of products where the particular Goods, by their actual type and intended purpose, fall within the relevant category.

9.5. Whether particular Goods fall within such a category shall be determined by their actual type, intended purpose and classification rather than solely by the name of the Website section in which they are listed.

9.6. Restrictions applicable to the return of Goods of proper quality do not limit the Buyer's statutory rights in respect of defective or non-conforming Goods.

9.7. Claims relating to defective or non-conforming Goods shall be handled in accordance with the laws of Ukraine.

9.8. For the purpose of considering a request or claim, the Seller may request information reasonably necessary to identify the Goods and the Order, including the Order number, date of purchase, product name, batch number, photographs of the packaging, a description of the identified defect and other reasonably necessary information.

9.9. The procedure and current conditions for submitting an exchange or return request may additionally be specified on the “Exchanges and Returns” page of the Website. Such conditions shall apply only to the extent that they do not conflict with this Offer or the laws of Ukraine.

10. PRODUCT-SPECIFIC CONDITIONS AND USE

10.1. The VITASAN range may include cosmetic products, body care products, balneological products, bath products, thermotherapy products, natural oils, food products and/or dietary supplements, as well as other products.

10.2. The legal status, intended purpose and directions for use of each product are determined in accordance with the manufacturer's information and the laws applicable to the relevant type of product.

10.3. The Buyer must use the Goods in accordance with their intended purpose, directions for use, recommended quantity or dosage, warnings, storage conditions and contraindications specified by the manufacturer.

10.4. Before using the Goods, the Buyer must review the information provided on the packaging, label and/or instructions.

10.5. In the presence of medical conditions, individual contraindications, a tendency to allergic reactions, pregnancy, breastfeeding, use of medicinal products or other circumstances that may affect the safe use of particular Goods, the Buyer should follow the manufacturer's recommendations and, where necessary, consult a physician.

10.6. The Seller shall not be liable for adverse consequences resulting from use of the Goods:

  • for purposes other than those intended;

  • in violation of the manufacturer's instructions;

  • in excess of the recommended quantity, dosage, concentration, duration or frequency of use;

  • contrary to contraindications or warnings specified by the manufacturer;

  • after the expiry date;

  • following improper storage by the Buyer;

  • in combination with other products or substances contrary to the manufacturer's recommendations.

10.7. Clause 10.6 applies only to the extent that the relevant consequences were not caused by a defect in the Goods, inadequate information concerning the Goods or other circumstances for which the Seller, manufacturer or another responsible person is liable under applicable law.

11. MEDICAL DISCLAIMER

11.1. Information provided on the Website regarding the properties, composition, method of use, intended purpose and characteristics of products is for informational purposes and does not constitute individual medical advice, diagnosis or an individual treatment prescription.

11.2. Information on the Website should not be used as a substitute for professional medical care where such care is required.

11.3. Information concerning the properties of the Goods and expected results of their use does not constitute a guarantee that every Buyer will achieve the same result unless otherwise expressly stated by the manufacturer or provided by law.

11.4. Individual responses to cosmetic, balneological, food and other products may vary.

11.5. Information concerning particular Goods provided by the manufacturer on the packaging, label or in the instructions must be taken into account by the Buyer when using such Goods.

11.6. If the Buyer has any doubts about the suitability of particular Goods due to their health condition, existing medical conditions, use of medicinal products or contraindications, the Buyer should consult an appropriate healthcare professional before use.

12. RIGHTS AND OBLIGATIONS OF THE SELLER

12.1. The Seller undertakes to fulfil its obligations in accordance with this Offer and the laws of Ukraine.

12.2. The Seller has the right to:

  • clarify Order details;

  • verify information necessary to fulfil an Order;

  • suspend fulfilment of an Order until the necessary information is received from the Buyer;

  • cancel duplicate Orders;

  • engage third parties to fulfil its obligations, including carriers, payment systems, communications providers and technical service providers;

  • refuse to fulfil an Order in cases provided by law or this Offer;

  • take other actions permitted by the laws of Ukraine.

13. RIGHTS AND OBLIGATIONS OF THE BUYER

13.1. The Buyer has the rights provided by the laws of Ukraine and this Offer.

13.2. The Buyer undertakes to:

  • provide accurate and up-to-date information;

  • review information about the Goods before purchasing them;

  • pay for the Order under the agreed terms;

  • collect or receive the Order in a timely manner;

  • comply with the rules for use and storage of the Goods;

  • take into account the manufacturer's contraindications and warnings;

  • refrain from using the Website for unlawful purposes.

14. LIABILITY

14.1. The parties shall be liable in accordance with the laws of Ukraine and the terms of this Offer.

14.2. The Seller shall not be liable for adverse consequences, additional expenses or delays caused by incorrect, incomplete or outdated information provided by the Buyer.

14.3. The Seller shall not be liable for temporary unavailability of the Website caused by maintenance, accidents, interruptions in electricity supply, communications or hosting, operation of third-party services or other circumstances beyond the Seller's reasonable control.

14.4. The Seller shall not be liable for the actions of independent third parties to the extent that the Seller objectively cannot control such actions, unless otherwise provided by law.

14.5. The Seller shall not be liable for consequences resulting from improper use of the Goods by the Buyer in the cases specified in this Offer.

14.6. Nothing in this Offer shall be interpreted as a waiver by the Consumer of any rights that cannot be limited by agreement under the laws of Ukraine.

15. FORCE MAJEURE

15.1. A party shall be released from liability for failure to perform or improper performance of its obligations where such failure results from circumstances beyond its reasonable control that qualify as force majeure under the laws of Ukraine.

15.2. Such circumstances may include, in particular, hostilities, shelling, blocked transport routes, emergencies, fires, natural disasters, prolonged emergency interruptions of electricity or communications, decisions of public authorities and other extraordinary and unavoidable circumstances.

15.3. The mere existence of martial law does not automatically release a party from liability. The direct impact of the relevant circumstances on the ability to perform the specific obligation shall be taken into account.

16. INTELLECTUAL PROPERTY

16.1. Texts, photographs, graphic materials, Website design and structure, catalogues, logos, names, informational materials and other intellectual property are protected by the laws of Ukraine.

16.2. Use of Website materials for commercial purposes without the permission of the relevant rights holder is prohibited except where expressly permitted by law.

16.3. Systematic copying of descriptions, photographs, catalogue structure or other Website materials for the creation or content of third-party commercial resources without the relevant rights holder's permission is prohibited.

16.4. Publication of materials on the Website does not transfer any intellectual property rights in such materials to the user.

17. DISPUTE RESOLUTION

17.1. Relations between the Seller and the Buyer shall be governed by the laws of Ukraine.

17.2. If a question, complaint or dispute arises, the Buyer may contact the Seller using the contact details provided on the Website.

17.3. The parties shall seek to resolve disputes through negotiations and the exchange of necessary information.

17.4. If a dispute cannot be resolved by agreement between the parties, it shall be resolved in accordance with the procedure established by the laws of Ukraine.

18. FINAL PROVISIONS

18.1. This Public Offer shall remain effective from the date of its publication on the Website until a new version is published.

18.2. A particular Order shall be governed by the version of the Offer in force at the time the relevant agreement is concluded unless otherwise provided by law.

18.3. If any provision of this Offer is found to be invalid or unenforceable, this shall not automatically affect the validity of the remaining provisions.

18.4. Matters not regulated by this Offer shall be governed by the laws of Ukraine.

18.5. By placing an Order on the Website, the Buyer confirms that, before placing the Order, they had the opportunity to review this Public Offer.

19. SELLER DETAILS

Seller: Individual Entrepreneur Kateryna Savina
(ФОП Савіна Катерина Олександрівна)

Ukrainian Taxpayer Registration Number (РНОКПП): 2844905948

Website: vitasan.com.ua

Bank Details

Beneficiary: Individual Entrepreneur Kateryna Savina

IBAN: UA423220010000026005330144971

Bank: JOINT STOCK COMPANY “UNIVERSAL BANK”

Bank Code (MFO): 322001

Questions and requests regarding Orders, payments, delivery, exchanges, returns and product quality may be submitted using the current contact details provided in the “Contacts” section of the VITASAN Website.