PUBLIC CONTRACT (OFFER) for the order, purchase, sale, and delivery of goods

This agreement between FOP Melnychuk, hereinafter referred to as the “Seller,” and the user of the website services, hereinafter referred to as the “Customer,” is a commission agreement for the ordering, purchasing, and delivery of Goods and defines the main terms of ordering, purchasing, and delivering goods through the website https://pharmely.com/ (https://pharmely.com/). The Buyer, acting with the purpose of purchasing the Goods, accepts the terms of this sales agreement (hereinafter referred to as the Agreement) under the following conditions.

1. DEFINITIONS
1.1. Public offer (hereinafter referred to as the “Offer”) – a public proposal by the Seller addressed to an indefinite number of persons to enter into a distance sales agreement (hereinafter referred to as the “Agreement”) with the Seller under the terms contained in this Offer, including all Appendices.
1.2. Order – the decision of the Customer to order the goods and their delivery, made in the online store and/or an instruction to purchase and deliver the goods.

2. GENERAL PROVISIONS
2.1. The information provided below is an official offer (offer) from the online store https://pharmely.com/ to any (https://pharmely.com/) individual (hereinafter referred to as the Buyer) to enter into a sales contract for goods. The specified contract is public, meaning that, according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers.
2.2. According to Article 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of this offer, which confirms the conclusion of the sales contract for the goods under the proposed conditions below, is the fact of placing and confirming the order.
2.3. By placing an Order, the Buyer confirms their agreement and unconditional acceptance of the terms of this offer.
2.4. By entering into the Agreement (i.e., accepting the terms of this Proposal (Offer) by placing an Order), the Buyer confirms the following:
a) The Buyer is fully and completely familiar with and agrees to the terms of this offer;
b) he gives permission for the collection, processing, and transfer of personal data under the conditions specified below in the Disclaimer regarding the collection, processing, and transfer of personal data; the permission for the processing of personal data is valid throughout the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into the Agreement, the Customer confirms that he has been informed (without additional notification) about the rights established by the Law of Ukraine “On Personal Data Protection,” the purposes of data collection, and that his personal data is being transferred to the Seller for the purpose of fulfilling the terms of this Agreement, conducting settlements, as well as for receiving invoices, acts, and other documents. The Customer also agrees that the Seller has the right to provide access to and transfer their personal data to third parties without any additional notifications to the Customer, without changing the purpose of processing the personal data. The scope of the Customer’s rights as a personal data subject according to the Law of Ukraine “On Personal Data Protection” is known and understood by him.

3. PRICE OF THE PRODUCT
3.1. The price for each item is indicated on the website of the online store.
3.2. The Seller has the right to unilaterally change the price of any item.
3.3. In case of a price change for the ordered Product, the Seller is obliged to inform the Buyer about the price change of the Product.
3.4. The Buyer has the right to confirm or cancel the Order for the purchase of the Goods if the price has been changed by the Seller after the Order was placed.
3.5. The Seller is not allowed to change the price of the Goods paid for by the Buyer.
3.6. The Seller indicates the cost of delivery of the Goods on the website of the Online Store or informs the Buyer during the order placement by the Operator.
3.7. The Buyer’s obligation to pay for the Goods is considered fulfilled from the moment the Seller receives the funds.
3.8. Payments between the Seller and the Buyer for the Goods are made using the methods specified on the website of the Online Store in the “DELIVERY AND PAYMENT” section.

4. ORDER PLACEMENT
4.1. The order of the Goods is made by the Buyer through the Operator by phone: +38 0674440408, or through the service on the website of the Online Store https://pharmely.com/
4.2. When registering on the website of the online store, the Buyer agrees to provide the following registration information:
4.2.1. Last name, first name, patronymic of the Buyer or the person specified by them (recipient);
4.2.2. The address to which the Goods should be delivered (if delivery to the Buyer’s address);
4.2.3. Email address;
4.2.4. Contact phone number.
4.3. The name, quantity, article number, and price of the Product selected by the Buyer are indicated in the Buyer’s cart on the website of the Online Store.
4.4. If the Seller requires additional information, they have the right to request it from the Buyer. In the event that the Buyer does not provide the necessary information, the Seller is not responsible for providing quality service to the Buyer for the purchase of goods in the online store.
4.5. When placing an Order through the Operator (clause 4.1 of this Offer), the Buyer undertakes to provide the information specified in clause 4.2 of this Offer. 4.6. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data into the registration form on the Internet store’s website or when placing an Order through the Operator. After placing the Order through the Operator, the Buyer’s data is registered in the Seller’s database.
4.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
4.8. The distance selling purchase agreement between the Seller and the Buyer is considered concluded from the moment of electronic order placement on the online store’s website service or the issuance by the Seller to the Buyer of a cash or sales receipt or another document confirming the payment for the Goods.

5. DELIVERY AND HANDOVER OF GOODS TO THE BUYER
5.1. The methods, procedure, and delivery time for goods are specified on the website in the “DELIVERY AND PAYMENT” section. The procedure and conditions for the delivery of the ordered goods The buyer agrees with the online store operator at the moment of placing the order.

6. RETURN OF GOODS
6.1. The Customer has the right to refuse the non-excise goods at any time before their transfer, and after the transfer of the non-excise goods – in the manner and under the conditions defined by the Law of Ukraine “On Consumer Rights Protection.”
6.2. The return of a non-excise good of proper quality is possible if its commercial appearance, consumer properties, and the document confirming the purchase and the terms of the order of the specified good are preserved.
6.3. The customer has no right to refuse a quality product that has individually defined properties if the specified product can be used exclusively by the Consumer who purchased it (including non-standard sizes and other characteristics at the Customer’s request). Confirmation that the product has individually defined properties is the difference in sizes and other characteristics specified in the online store.
6.4. The return of the goods, in cases provided for by law and this Agreement, is carried out at the address specified on the website in the “CONTACTS” section.
6.5. In the event of the Buyer’s refusal of a non-excise good of proper quality, the Seller refunds the amount equal to the value of such Goods, excluding the Seller’s expenses for the delivery of the returned goods.
6.6. The return of the amount specified in p.6.5. is made simultaneously with the return of the goods.

7. RESPONSIBILITY OF THE PARTIES
7.1. The Seller is not liable for any damage caused to the Buyer as a result of improper use of the Goods pre-ordered on https://pharmely.com/ and purchased from the Seller.
7.2. The Seller is not liable for improper or untimely fulfillment of Orders and their obligations in case the Buyer provides false or misleading information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer are exempt from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is a result of force majeure circumstances such as war or military actions, earthquake, flood, fire, and other natural disasters that arise independently of the will of the Seller and/or the Buyer after the conclusion of this contract. The party that cannot fulfill its obligations immediately informs the other party.