Terms & Conditions

This agreement is an official Seller’s offer to conclude sale-purchase agreement of goods, presented on www.vitalita.com.ua.

The fact of placing an order on the Seller’s website is a complete and unquestionable acceptance of terms and conditions, and information provided on the Seller’s website and means a conclusion of a sale-purchase agreement of goods with the Seller on defined terms and conditions. A concluded sale-purchase agreement (Agreement hereinafter) is a public agreement according to the article 633 of the Civil Code of Ukraine and its terms and conditions are the equal for all buyers regardless of status (individual, legal entity, individual entrepreneur).

Terms and conditions of the Agreement are regulated by the Civil Code of Ukraine, Law of Ukraine “On consumer rights protection” and other applied norms of current legislation.

In case of acceptance of these terms and conditions You confirm acknowledgment and consent with all the terms and conditions.

Definition of terms

1.1 Goods are the goods presented for sale on the Seller’s website by placing names, images, description and price on current date which can be bought by a Buyer on defined terms and conditions.

1.2 Buyer’s website is a website which unites a collection of files and application software and have the URL is vitalita.com.ua.

1.3 Buyer is a capable individual at least 18 years old, who receives information from the Seller, places an order concerning the buying of goods, presented on the Buyer’s website for purposes not related to entrepreneurship or a legal entity, or an individual entrepreneur.

1.4 Seller is Yurii Chepel, an individual entrepreneur with a national tax ID number 3443616657.

Scope

2.1 In order and on terms and conditions set by this public offer, the Seller undertakes to transfer goods to a Buyer, indicated in Buyer’s order and Buyer undertakes to accept and pay for the goods.

2.2 Buyer acquires ownership for Goods and is responsible for any damage from the moment of transfer of Goods according to terms and conditions of this public offer.

2.3 Placing an order on Buyer’s Website and acceptance of terms and conditions of this public offer is a Buyer’s confirmation that the Seller has provided him/her with information in an accessible and understandable form in accordance with article 13 of Law of Ukraine “On consumer rights protection” regarding the name of the Seller, his location, the procedure of accepting claims, main features of Goods, price and payment conditions, warranty obligations, other terms and conditions of agreement’s execution, offer acceptance period and an agreement termination procedure.

The order

3.1 The order is processed by a Buyer and provided by him to the Seller using software on the Seller’s Website.

3.2 The Seller has a right to reject to transfer the order to a Buyer in case if details provided by a Buyer are incomplete or suspicious in its veracity.

Prices and Shipping Costs

4.1 The price of goods is indicated on the Seller’s Website, in order’s page, in act of acceptance of order and in an invoice (fiscal check), which is granted to a Buyer at the time of receiving the goods. Price for Goods indicated on the Seller’s Website is calculated in the national currency of Ukraine, hryvnia (UAH).

4.2 The price for Goods can be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of Goods which is paid by a Buyer in full, cannot be changed by the Seller unilaterally.

4.3 Shipping costs are calculated under tariffs of postal operators. If a Buyer pays for Goods upon receiving them, postal operators are entitled to charge an additional commission for a postpayment.

Rights and obligations of parties

5.1 The Seller is obliged:

5.1.1 To transfer complete quality Goods to a Buyer according to the order.

5.1.2 Not to disclose any confidential information about a Buyer and not grant any access to this information to third parties, except for cases provided by law or at the request of the Buyer.

5.2 The Seller is entitled:

5.2.1 To compensation for damages caused by the illegal actions of a Buyer.

5.2.2 To change the terms and conditions of this Agreement as well as prices for Goods unilaterally by placing them on the Seller’s Website. All the changes come into force from the moment of their its publication.

5.3 The Buyer is obliged:

5.3.1 To accept the Goods corresponded to declared quality, quantity and features in order and terms established by this public offer and to put a signature in the act of transfer the Goods.

5.3.2 To pay for the Goods under the terms and conditions of this public offer.

5.3.3 To have a responsibility for the Goods from the moment of receiving it.

5.4 The buyer is entitled:

5.4.1 To receive the Goods in accordance with this Agreement.

5.4.2 To compensation for damages in case of non-fulfillment or improper fulfillment of obligations by the Seller according to the conditions of this public offer.

Liability of parties 

6.1 In case of non-fulfillment or improper fulfillment of obligations the guilty party has a liability which is provided by the conditions of the Agreement and by current legislation of Ukraine.

6.2 Actual damages not covered by the payment of forfeit shall be compensated under the Agreement.

6.3 The Seller is not responsible for improper or untimely fulfillment of order and obligations under the Agreement in case a Buyer provided unreliable or false data while placing an order on the Seller’s Website.

Term(s) of the Agreement

7.1 The Agreement is concluded and takes into force from the moment of placing the order by a Buyer and is valid until parties fulfill their obligations in full.

7.2 The Agreement may be terminated early in cases provided by this Agreement and current legislation of Ukraine.

7.3 Invalidity of any clause or part of the Agreement, concluded by accepting this public offer does not lead to the invalidity of the entire Agreement.

Force Majeure

8.1 Neither party is liable to the other party for non-fulfillment of obligations due to circumstances that arose beyond the will and desire of Parties which prevent the fulfillment of this Agreement and which could not have been foreseen or avoided, in particular, but not exclusively, epidemics, pandemics, embargoes, wars, earthquakes, floods, fires, and other natural disasters (force majeure circumstances).

8.2 The party who does not fulfill its obligations as a result of force majeure circumstances, shall immediately notify the other party, but no later than 5 business days.

8.3 If force majeure circumstances are valid for one month and do not show signs of cessation, this Agreement can be terminated unilaterally by the Seller or Buyer by sending a notification to the other Party and, in addition, by a publication of a corresponding message on the Seller’s Website by the Seller.

Other conditions

9.1 Refund policy and Privacy policy are inevitable parts of this Terms & Conditions agreement.

9.2 This Agreement is concluded on the territory of Ukraine and valid under the current law of Ukraine.

9.3 In case any issues or claims arise from the Buyer he can contact the Seller by phone or any other method of communication. The Parties agreed that all the disputes under this Agreement are resolved through negotiations between the Parties. In case of impossibility of resolving disputes through negotiations, they are subject to consideration by the court according to the procedure established by law.

9.4 The Buyer’s wishes and proposals may be sent in writing to the Seller’s address or by sending a letter to the Seller’s e-mail. Claims regarding the Goods are accepted in writing signed by the Buyer.

9.5 The Seller is registered as an individual entrepreneur (group 2), not a VAT payer.