Terms of agreement
PUBLIC OFFER
TERMS AND CONCEPTS USED
Site website / information resource of the Contractor on the Internet, located at https://immuntis.com, including all its web pages, through which a direct order and reservation of the Goods is carried out
Contractor TzOV "FEMMA" (identification code of the legal entity 41090923)
Customer is a capable natural person who has reached the age of 18 and has the legal right to enter into contractual relations with the Contractor, including ordering a service or booking a Product on the Site, who accepted the terms of the public offer and sent an order to the relevant Contractor through the information system of the Site
Goods, services, works, property rights, other tangible and intangible objects that are offered for sale and information about which is posted on the Site
Order duly executed and placed with the help of the Site the request of the Customer to receive services for booking, reserving selected Goods, purchasing such Goods, as well as additional services offered on the Site
Public offer is a public offer sent to a predetermined circle of persons on the terms determined by the Contractor and set out on the Site
Booking/Purchase
Goods service, which is the Customer's ability to book the Goods selected on the Site and pick it up within the specified time directly at the Nova Poshta office selected when placing the Order, or to receive (purchase) the Goods in accordance with the delivery conditions specified in the "Terms of Goods Delivery" section.Payment for the reservation and delivery of the Goods is made when the Order is placed. For the purposes of this offer, Reservation is equivalent to the purchase of the Goods
Reservation of the Goods is a service, which is an opportunity for the Customer to reserve the Goods selected on the Site for a period of 7 days and pick it up at the specified time, selected when placing the Order. The cost of the reservation is included in the price of the Goods.
License The relevant license of the Contractor, granting the right to retail medicines, a copy of which is posted on the Site
GENERAL PROVISIONS
1.1. The public offer/public offer agreement (hereinafter also referred to as the Agreement) is the Contractor's offer addressed to a predetermined circle of persons and containing all the essential terms of the agreement defined below. The Contractor provides the Customer with services for providing information about the Goods that can be purchased by the Customer from the Contractor, ordering goods (reservation), booking (acquisition) and delivery of the Goods required by the Customer, as well as for issuing a cancellation of the booked and paid services upon the relevant application of the Customer.
1.2. This Agreement, as well as its annexes/additions presented on the Site, are a public offer.The terms of the Public Offer, including, but not exclusively, govern:
The procedure for using the Site, choosing the Goods and placing Orders;
Processing of Orders and making reservations/bookings by the Contractor;
Conditions and procedure for payment of the cost of the reservation;
Conditions and procedure for payment of the cost of delivery of booked/reserved Goods;
Any other conditions that are determined by the Contractor at its sole discretion.
1.3. By acceptance, the Customer confirms his full and unconditional agreement with all the terms, conditions and rules of this public offer without any exceptions and confirms that the Customer has read and agrees with the terms of the offer before the moment of acceptance. The moment of acceptance is when the Customer puts a mark / tick in the appropriate field when placing the Order, sends the Order to the Contractor and pays for the reservation (if the Goods are booked). When placing an Order by calling the Hotline 0 (800) 33-26-78, the Contractor's express consent to the reservation of the Goods selected on the Website is considered an Acceptance. By agreeing to the terms of this Agreement, the Customer confirms his legal and legal capacity, financial viability, and is also aware of his rights, duties and responsibilities assigned to him as a result of the conclusion of this Agreement.
1.4. The Contractor reserves the right to make changes to this Agreement, in connection with which, the Customer undertakes to regularly monitor changes in the Agreement posted on the Site.
1.5. The Customer confirms the accuracy of his personal data, as well as the data of the persons specified in the Order, and assumes all responsibility for their accuracy, completeness and reliability. The Customer assumes all possible commercial risks (placing a new order, changing the tariff, refunding money, etc.) associated with his actions when making mistakes, inaccuracies in providing the data requested by the Contractor when placing the Order.
1.6. The Contractor does not deliver products, except as provided by the current legislation of Ukraine. Having ordered the service of booking the Goods on the Site, the Customer independently receives his order directly in one New Post office or in another manner provided for in the "Terms of Goods Delivery" section of this Offer, in compliance with the requirements of the current legislation of Ukraine.
1.7. Relations arising between the Customer and the Contractor are governed by the current legislation of Ukraine.
PROCEDURE AND CONDITIONS OF REGISTRATION ON THE SITE
2.1. To place an Order, the Customer must independently register on the Site, indicating the e-mail address (login) to which registration is carried out. In the absence of registration of the Customer on the Site, the Contractor has the right to register the Customer independently, directly when placing an Order. Registration is made to the e-mail address specified by the Customer in the appropriate field, which will later be used as a login to the Customer's personal account on the Site.At the same time, the password to the personal account on the Site is sent to the address specified by the Customer.
2.2. The Contractor is not responsible for the accuracy and correctness of the information provided by the Customer during registration.
2.3. The Customer undertakes not to disclose to third parties the login and password specified during registration. If the Customer suspects the security of his login and password or the possibility of their unauthorized use by third parties, the Customer undertakes to immediately notify the Contractor by sending an email to (hidden) or through the feedback form posted on the Site.
2.4. The exchange of information between the Parties regarding the Order and the fulfillment of their other obligations under this agreement is carried out via e-mail, the address of which is indicated by the Customer during registration. In this regard, the Customer undertakes to regularly, up to the moment of the actual execution of the Order, independently monitor the current status of his Order, including checking his e-mail for information about possible changes, and if necessary, contact the Contractor for information by phone indicated on the Site or through the feedback form posted on the Site.
2.5. Responsibility for any consequences arising from the lack of information from the Customer about changes in the Order that occurred due to reasons beyond the Contractor's control, is borne by the Customer, subject to the Contractor's compliance with the procedure for notifying the Customer of any changes in the Order.
ORDER PROCEDURE
3.1.To place an Order (booking / reservation service), the Customer selects the Goods he needs from those presented on the Site and adds it to the "basket" by pressing the "Buy" button. After selecting the required Product, the Customer must go to the shopping cart by clicking on the "Add to Cart" button on any page of the Site, or by clicking on the "Go to Cart" button when adding the product. The basket contains a list of goods selected by the Customer, the price of each of them, as well as the total cost of such Goods. In the shopping cart, the Customer can change the number of units of the product by entering the required number in the "Quantity" field, remove the unnecessary product by clicking on the "Delete" button, and postpone the product until the next order by clicking on the "Postpone" button.
3.1.1. If the list and quantity of the Goods do not require changes, the Customer can place an Order by clicking on the "Place an order" button.
3.1.2. After filling in all the necessary data to complete the Order, the Customer must click on the "Place an order" button. After completing the order, the Customer calls back the operator of the online store to confirm the Order.
3.2. Reservation (purchase) of the Goods is made by the Customer independently on the Site. In this case, the Customer independently determines the list, name, quantity of the Goods to be booked. The booking service is provided in relation to spho
PAYMENT FOR THE BOOKING SERVICE
4.1. The cost of the booking service, for the purposes of this Agreement, is equated to the cost of each unit of the Goods indicated on the Website, which is included in the list of Goods selected by the Customer for purchase, from which the Order is formed. The cost can be changed by the Contractor unilaterally, but until the moment of payment for the service. The cost of the booking service includes only the cost of the Goods selected by the Customer on the Site for its further purchase, the cost of the Contractor's services for its processing. The cost of the booking service is determined by the Contractor at its sole discretion and is indicated on the relevant page of the Site.
4.2. The booking service is provided for the Order formed by the Customer by the methods provided for in the "Ordering Rules" section.
4.3. The term of payment for the service is indicated on the Site when making the booking service, as well as in the letter sent by the Contractor to the Customer with the status of the Order. If the Contractor does not receive from the Customer within the specified period of payment for the booking service, the Order placed is automatically canceled.
4.4. Features of payment for booking services using bank cards:
4.4.1. Operations with bank cards are performed by the cardholder using technical means provided by the relevant legal entity that performs the functions of an Internet acquiring on the basis of an appropriate agreement with the Customer.
4.4.2.In order to avoid cases of various kinds of illegal use of bank cards when paying, all Orders placed on the Site in respect of which the Customer has selected the booking service, which is paid by a bank card, are checked by the Contractor. According to the Rules of International Payment Systems, in order to verify the identity of the owner and his eligibility to use the card, after paying for the Order and if there is reason to believe that the transaction is fraudulent, the Customer who placed such an Order is obliged, at the Request of the Contractor, to provide a copy of two pages of the passport of the bank card owner - a page with a photo, as well as a copy of the bank card on the front side, by fax or e-mail in the form of scanned copies. If the Customer does not provide the requested documents or if there are doubts about their authenticity, the Contractor reserves the right to cancel the Order without giving reasons. The cost of the Order is returned to the owner's card.
TERMS OF RECEIVING GOODS, CANCELLATION, CHANGE, CANCEL OF ORDER
5.1. Receipt and payment for the Goods is carried out at the New Post office selected by the Customer when placing the Order or in another manner provided for by this Public Offer.
5.2. To receive the Goods by Order, the Customer must contact the New Post office of his choice within 7 calendar days from the date of placing the Order. In the event that the Goods are dispensed solely on the basis of a doctor's prescription, the Customer is obliged to provide a properly executed prescription for such Goods.
5.3.Before receiving the reserved Goods, the Customer inspects the Goods, independently decides on the conformity of the Goods to the interests of the Customer, after which he receives and pays for the Goods.
5.4. A change in the Order of the quantity of the Goods, the names of the Goods and other conditions of the Order is available without placing a new Order and canceling the previously placed Order.
5.6. Cancellation of the booking service can be carried out by the Contractor or the Customer:
5.6.1. Cancellation of the booking service by the Contractor is carried out if it is impossible to provide the service after its confirmation and payment by the Customer, namely:
impossibility to make a reservation (reservation) of the entire range/quantity of the Goods specified by the Customer;
impossibility to make a reservation (reservation) of a part of the nomenclature (names) and/or quantity of the Goods specified by the Customer;
5.6.1.1. The Contractor shall return to the Customer the cost of the service, which for these purposes is equated to the cost of the Goods, in respect of which the Service cannot be provided by the Contractor. All costs associated with the return of funds in this case shall be borne by the Contractor.
5.6.2. Cancellation of the booking service by the Customer:
5.6.2.1. In the event that the Customer, for any reason, wants to cancel the Order, he must independently cancel it in his personal account on the Site, send a letter of cancellation of the Order to the e-mail address (hidden) or fill out the feedback form posted on the Site. If the Customer does not have such an opportunity (lack of access to the Internet, etc.), the Customer must contact the Operator by phone - 0 (800) 33-26-78 and cancel the Order orally.
5.6.2.2. The Customer, after confirmation of the order of the service by the Contractor and payment for such a service, has the right to refuse such a service, in full or in part (in relation to a part of the nomenclature (names) and / or quantity of Goods), without explaining the reasons for such a refusal. Such a refusal is possible in the period from the moment the Customer pays for the service and until the actual receipt of the Goods booked under this service.
5.6.2.3. If the Customer cancels the service on his own initiative, the Customer will be refunded an amount equal to:
in case of cancellation by the Customer of the service in full - 100% of the cost of the service paid by the Customer, minus the commission for servicing the Order (Service of the Contractor) in the amount of 5% of the cost of the service;
in case of partial cancellation of the service by the Customer - the cost of the canceled part of the service, which for these purposes is equated to the cost of the Goods in respect of which the Customer canceled the booking, minus a commission of 5% of the cost of the service.
5.6.2.4.The refusal of the Customer to receive the ordered Goods (or part of such goods) is a partial cancellation by the Customer of the service on his initiative in relation to the part of the Goods in relation to which the Customer did not take actions aimed at receiving it, or in respect of which the Customer refused at the place of their receipt from receiving. In this case, the order is considered partially cancelled.
5.6.2.5. To cancel the service and cancel the service on its own initiative, the Customer makes a call to the call center of the Contractor, and leaves a notice of the intention to cancel the booking service, indicating the order number, and agrees with the call center operator on a convenient time for filling out an application for cancellation of the booking. services.
5.6.2.6. The order is considered canceled (partially canceled) from the moment the Customer issues an application to refuse the service. Refund to the Customer of funds in case of refusal of the Customer from the service (in whole or in part) and cancellation of the service (in whole or in part) on its own initiative, is carried out by the Contractor by agreement with the Customer from the moment of cancellation of the Order (full or partial).
5.6.3. The terms of this section and the Agreement as a whole do not regulate the conditions for the return of the Goods purchased by the Customer. The conditions for the return of the Goods are governed by the current legislation of Ukraine.
TERMS OF RECEIVING AND DELIVERY OF GOODS
6.1. Having made a reservation of the desired product on the Contractor's Website, the Customer receives his Order directly at the Nova Poshta branch or in another place, according to the terms of the Order.
6.2.If it is necessary to deliver the Goods to the address chosen by the Customer or to the department (point of issue) of one of the postal operators specified by the Customer, the Customer indicates such a need, indicating the delivery address in the ordering window, in accordance with clause 3.1.1. of this Public Offer.
6.3. To obtain information about the delivery time of the Goods in respect of which the Order was placed and its receipt, the Customer checks with the Contractor's operator.
6.4. Upon receipt of the Goods, the Customer inspects the Goods to make sure that the Goods comply with the interests of the Customer, after which he receives the Goods and pays for its delivery.
6.5. In order to deliver the Goods to the Customer, the Contractor has the right, at its own discretion, to involve third parties, payment for the services of which is made by the Contractor or the Customer, in accordance with the conditions specified when making the Order.
6.6. Receipt of goods is carried out in accordance with the work schedule of Nova Poshta offices when placing an Order, in accordance with clause 3.1.1. of this Public Offer or in accordance with the work schedule of the relevant branch (point of issue) of the postal operator.
6.7. All other essential terms of delivery of the Goods are set out in the "Payment and Delivery" section on the Site.
REPRESENTATIONS, WARRANTIES AND LIABILITIES OF THE PARTIES
7.1. Representations, warranties and liability of the Customer:
The Customer declares that he has read the terms of this Agreement, which he understands and does not cause ambiguous perception;
The Customer undertakes to comply with the terms of the Agreement and the norms of the current legislation in its implementation;
The Customer guarantees that he has a full and sufficient amount of legal capacity, allowing him to fulfill the terms of the Agreement, and also that the means of payment used by him when placing an Order belong to him lawfully and do not violate the rights of third parties.
7.2. The Customer agrees to receive advertising and informational messages from the Contractor.
7.3. Representations, warranties and liability of the Contractor:
The Contractor shall not be liable to the Customer in the event of complete or partial inoperability of the Booking System and its components for any time, as well as in the absence of the Customer's access to the system or incurring any indirect or direct costs due to these circumstances. The Contractor is not responsible for the quality of communication channels and any interruptions in data transmission, which provide access to the Site.All essential conditions of the Public Offer can be changed without a separate notice to the Customer, are limited in time, place and territory of distribution, are due to seasonal price fluctuations and purchasing power, are directly dependent on the pricing policy of manufacturers, distributors of the Goods, and are also due to the general socio-economic situation and/or are subject to other changes, conditions and restrictions.
The Contractor is not responsible for the negative consequences and losses resulting from events and circumstances that are outside the scope of its competence, as well as for the actions (inaction) of third parties, namely:
- in case of impossibility to fulfill the obligations assumed, due to the unreliability, insufficiency and untimeliness of the information and documents submitted by the Customer, including, but not limited to cases when third parties introduce false, erroneous information into the operation of the Site, regardless of the reasons and circumstances of their occurrence;
- in case of impossibility to fulfill the obligations assumed, due to the unreliability, insufficiency and untimeliness of the information and documents provided by the Customer, or violation by the Customer of the terms of this Agreement or the requirements for documents;
— for the authenticity and correctness of placing the Order by the Customer and other persons specified in the Order (reliability and legitimacy of the information contained in them, other factors).
7.4. Any complaints, claims of the Customer, drawn up in writing, will be considered by the Contractor.
7.5.The Contractor is not responsible for the information provided by the Customer on the Site in a public form.
7.6. The photographs of the Goods located on the Site are simple illustrations of it and may differ from the actual appearance of the Goods. The description/characteristics accompanying the Product may contain typographical errors. To clarify information about the Goods, the Customer is obliged to contact the Hotline.
7.7. The parties are released from liability for improper performance or non-performance of obligations under this Agreement in the event of force majeure circumstances, such parties include the following circumstances: fire, epidemic, earthquake, terrorist act, flood, hurricane, storm, tsunami, landslide, other natural disasters and cataclysms, hostilities of any nature, strikes, imposition of a state of emergency or martial law, embargoes, changes in the law