Пользовательское соглашения

1. DEFINITION OF TERMS

In this offer, the following terms are used in the following meaning:

  1. Agreement – means this Agreement and any other documents to which this agreement refers, as well as those that are its annexes.
  2. User is a capable natural person who has entered into an agreement with the Company on the terms contained in this Agreement and intends to purchase Services and / or Goods with the help of the Company.

Company – PE Gamieva A.E. (Location: 02160, Kiev, Regeneratornaya street, 4, apartment 12-161), a legal entity undertakes to perform certain legal actions on behalf of the Expert aimed at attracting the user and has the right to post information, including, but not excluded, promotional materials, information about the Expert, etc.

  1. Offer  is a public offer of the Company addressed to any individual in order to conclude an agreement on the provision of services (hereinafter referred to as the “Agreement”) with him on the existing conditions contained in the offer.
  2. Acceptance – full and unconditional acceptance by the User of the terms of the offer.
  3. Website – a set of software and hardware, is the result of computer programming in the form of the Vitaguru online service, which is located on the Internet at the link Vitaguru.co and is used by the Company.
  4. Expert – an individual, an individual- an entrepreneur, has the right to provide Expert Services (complies with the conditions that usually apply to the provision of similar services, in particular education, etc.), has entered into an appropriate cooperation agreement with the Company and is duly registered on the Site.
  5. Expert Services   – professional information and consulting services and other services in dietetics, medicine, sports, beauty, etc., provided by the Expert at the request of the user on the site. Expert services are not medical services;
  6. Order – the User’s application for the purchase of Goods and / or Services is duly formed and posted on the Site.
  7. Product – products intended for free sale, which are located at the link https://vitaguru.co/products/
  8. Cabinet – registered user page on the Site, through which the registered User manages his data (Profile), receives Services and products, information about available Services, order history, order status, which additionally contains information about his gender, name, email address, phone number and date of birth. The profile is protected by a password that is set by the user.

2. GENERAL

  • This document is an open offer (Offer) FLP Gamieva A.E. on the conclusion of a mixed agreement containing the provisions of the contract for the provision of services and the contract of sale.
    • The conditions set forth in this Offer can be used by an unlimited number of persons who meet the requirements for the user.
    • In accordance from Art. 638 of the Civil Code of Ukraine, in case of acceptance of the conditions set forth in the Offer, in particular, payment for services and / or Goods and confirmation of the Application, the individual who accepts this offer becomes the User (acceptance of the Offer is equivalent to the conclusion of the Agreement on the conditions set forth in the Offer).
    • In accordance with Article 641 of the Civil Code of Ukraine, this document posted on the Internet at https://vitaguru.co/products/, is a public offer, and if an individual performs actions indicating its acceptance, it is binding on the Company and this individual.< /li>
    • Contractual relations are made in the form of an offer contract. The selection of the Service and / or Goods on the Site and ordering it by clicking the “Quick Order” and / or “Add to Cart” button indicates that the User agrees to the terms of this Agreement, as indicated below.
    • This Agreement begins its effect from the moment the User receives confirmation of the Application from the Company, in the form of a letter indicating the name, price, quantity, amount and other necessary information about the Service and / or product.
    • Placem of the conclusion of this Agreement, the Parties recognize the location of the company.
    • In addition to the text of this Agreement, the Parties undertake to comply with the Privacy Policy, the Regulations on the rent and the protection of personal data of the Company, are integral parts of this Agreement.
    • The totality programs, data, trademarks, objects of intellectual property, including objects of copyright, and other objects used on the Site are the intellectual property of its legal owners and are protected by the legislation on intellectual property of Ukraine, as well as relevant international legal treaties and conventions. Any use of elements, symbols, texts, graphics, programs and other objects, except as permitted in this Agreement, without the permission of the Company or other legal copyright holder is illegal and may give rise to legal proceedings and bring violators to civil, administrative and criminal liability in accordance with the legislation of Ukraine.
    • To settle the relationship, the Parties choose, and, if necessary, apply the legislation of Ukraine. If an international agreement, the consent to be bound by which is given in the prescribed manner by the Verkhovna Rada of Ukraine, establishes other norms than those established by Ukrainian legislation, then the Parties apply the rules of the international agreement.

3. SUBJECT OF THE CONTRACT

3.1. The Company undertakes to provide the User with information services on the use of expert services, and the User undertakes to pay the cost of such services, in the manner and on the terms specified in this Agreement (hereinafter in the text of this Agreement, all of the above, both collectively and separately, are referred to as the “Services” ).

3.2. The list of services organized by the Company and provided by the Experts, as well as the range of goods offered for sale indicated on the Site.

3.3. The Company also undertakes, in the manner and under the conditions specified in this Agreement, to sell the Goods to the User under the Order created on the Site, and the User undertakes to pay the cost of such Goods, in the manner and on the conditions specified in this Agreement.

4. FEATURES, PROCEDURE AND TERMS OF PROVISION OF SERVICES AND SALES OF GOODS

4.1. Access to the Services is provided by the Company to the User during the term of the Agreement, but in any case, not earlier than the start of one of the following events:

a) the date following the date of receipt of payment to the Company’s bank account for the cost of the Service; and/or

b) the date when the User sent the Expert’s letter using the “Submit Question” form installed on the Site.

c) receiving confirmation of the Application from the Company in the form of a letter to the user’s e-mail, which he indicated in the Application.

4.2. The Company has the right not to provide the Services and / or not to sell the Goods in case of late and / or incomplete payment, which is the price of the Service and / or goods.

4.3. Within the period agreed by the Parties from the moment of the Order and full payment of the cost of services, the selected Expert undertakes to provide Expert Services to the User by:

4.3.1. Providing a written consultation to the User’s email address

4.3.2. Providing online consultation (in real time in the form of “question-answer”);

4.3.3. Providing consultation via video communication (Skype or website service application)

4.4. The expert has the right to remove the user from expert services and has the right to unilaterally refuse to execute this agreement in the following cases:

4.4.1. detection of the fact of alcohol, drug or toxic intoxication of the user during the provision of expert services;

4.4.2. identifying the fact of poor health or the characteristics of the user’s body that impede the provision of expert services.

5. OBLIGATIONS AND RIGHTS OF THE PARTIES

1. DEFINITION OF TERMS

In this offer, the following terms are used in the following meaning:

Agreement – means this Agreement and any other documents to which this agreement refers, as well as those that are its annexes.
User – a capable natural person who has entered into an agreement with the Company on the terms contained in this Agreement and intends to purchase Services and / or Goods with the help of the Company.
Company – PE Gamieva A.E. (Location: 02160, Kiev, Regeneratornaya street, 4, apartment 12-161), a legal entity undertakes to perform certain legal actions on behalf of the Expert aimed at attracting the user and has the right to post information, including, but not excluded, advertising materials, information about the Expert, etc.

Offer – a public offer of the Company, addressed to any individual, in order to conclude an agreement with him on the provision of services (hereinafter referred to as the “Agreement”) on the existing terms contained in the offer.
Acceptance – full and unconditional acceptance by the User of the terms of the offer.
Website – a combination of software and hardware, is the result of computer programming in the form of an online service Vitaguru, which is located on the Internet at the link Vitaguru.co and is used by the Company.
Expert – an individual, an individual entrepreneur, has the right to provide Expert services (complies with the conditions that usually apply to the provision of similar services, in particular education, etc.), has concluded an appropriate cooperation agreement with the Company and is duly registered on Website.
Expert Services – professional information and consulting services and other services in dietetics, medicine, sports, beauty, etc., provided by the Expert at the request of the user on the site. Expert Services are not medical services;
Order – the User’s application for the purchase of Goods and / or Services is duly formed and posted on the Site.
Goods – products intended for free sale, which is located at the link https://vitaguru.co/products/
Account – the page of a registered user on the Site, through which the registered User manages his data (Profile), receives Services and goods, information about available Services, order history, order status, which additionally contains information about his gender, name, email address , phone number and date of birth. The profile is protected by a password, which is set by the user himself.
2. GENERAL PROVISIONS

This document is an open offer (Offer) FLP Gamieva A.E. on the conclusion of a mixed contract containing the provisions of the contract for the provision of services and the contract of sale.
The conditions set forth in this Offer can be used by an unlimited number of persons who meet the requirements for the user.
In accordance with Art. 638 of the Civil Code of Ukraine, in case of acceptance of the conditions set forth in the Offer, in particular, payment for services and / or Goods and confirmation of the Application, the individual who accepts this offer becomes the User (acceptance of the Offer is equivalent to the conclusion of the Agreement on the conditions set forth in the Offer).
In accordance with Article 641 of the Civil Code of Ukraine, this document, posted on the Internet at https://vitaguru.co/products/, is a public offer, and in the event that an individual performs actions indicating its acceptance, it is mandatory for Company and this individual.
Contractual relations are formalized in the form of an offer contract. The selection of the Service and / or Goods on the Site and ordering it by clicking the “Quick Order” and / or “Add to Cart” button indicates that the User agrees to the terms of this Agreement specified below.
This Agreement comes into force from the moment the User receives confirmation of the Application from the Company, in the form of a letter indicating the name, price, quantity, amount and other necessary information about the Service and / or product.
The Parties recognize the location of the company as the place of conclusion of this Agreement.
In addition to the text of this Agreement, the Parties undertake to comply with the Privacy Policy, the Regulations on the rent and protection of the personal data of the Company, which are integral parts of this Agreement.
The totality of programs, data, trademarks, objects of intellectual property, including objects of copyright, and other objects used on the Site are the intellectual property of its legal owners and are protected by the legislation on intellectual property of Ukraine, as well as relevant international legal treaties and conventions. Any use of elements, symbols, texts, graphics, programs and other objects, except as permitted in this Agreement, without the permission of the Company or other legal copyright holder is illegal and may give rise to legal proceedings
acquisitions;

6.3.3. purchase of a service package of 365 calendar days, which can be used within three months from the date of purchase;

6.3.4. purchase of a one-time Expert Service, which can be used within 7 calendar days from the date of its purchase.

6.4. The Company does not refund (recalculate, set off) funds for the Services paid by the User and provided by the Company, if the User does not provide a reasoned and reasonable refusal to accept the Service within 10 (ten) calendar days. In the absence of refusal to accept services, they are recognized by the Parties as provided by the Company properly.

6.5. The Services are personal and may not be transferred or used by third parties. The company is not responsible in case of transfer and / or use of the results of services by third parties.

6.6. Payment for the cost of the Goods under this Agreement is carried out in a non-cash form by:

6.6.1. using a bank transfer to the Company’s account, in particular, using Internet banking;

6.6.2. using cash on delivery upon receipt of the Goods at the branch of an authorized delivery service;

6.6.3. in another way, not prohibited by the current legislation by mutual agreement of the Parties.

6.7. Delivery of goods is carried out on the terms set out on the relevant page of the site at the link http://shop.vitaguru.co/informatsiya/delivery/, and / or may be contained in the order.

6.8. The fact of receipt of the Goods and the absence of claims to the quality of the Goods is delivered by the Carrier Companies, the User confirms with his signature in the consignment note, declaration, or in the delivery note upon receipt of the goods. For its part, the Company guarantees the shipment of the Goods to the carrier in the quantity specified and paid by the User, complete according to the specification of this Good and in proper condition and quality.

6.9. In accordance with Art. 9 of the Law of Ukraine “On Protection of Consumer Rights”, the User has the right to exchange goods of good quality within fourteen days, not counting the day of purchase, unless a longer period is announced by the company. The User has the right to exchange goods subject to the provisions of the law on the grounds and the list of Goods that are not subject to exchange (return).

7. RESPONSIBILITIES OF THE PARTIES

7.1. The Company is not liable for harm caused to the life and health of the user of the Expert Services, as well as in case of improper fulfillment of the terms of this Agreement and the requirements of the law.

7.2. The User fully assumes responsibility for the state of his health and agrees that he has no right to demand from the Company any compensation for material and / or moral damage and harm caused to his health.

7.3. Responsibility for the harm that occurred as a result of improper Provision (Non-Provision) of Expert Services lies directly with the Expert.

7.4. In case of causing expert Skoda user, the User has the right to demand from EXPERT full compensation for such harm.

7.5. The Company is not responsible for any errors, interruptions, defects and delays in the processing or transmission of data, malfunctions in communication or power lines, destruction of any equipment, or other illegal actions of third parties.

7.6. The Company is not responsible for the compliance of the Site or its parts with the information that the Information Materials posted on the Site to the expectations of the User and the Expert, the uninterrupted and uninterrupted operation of the Site, the termination of the Expert’s and the User’s access to the Site, as well as for the safety of the user’s login and password, which provide access to the office, for reasons related to technical malfunctions of the Company’s hardware and software, and does not reimburse the Expert and the user for all losses associated with this.

7.7. If the User violates the terms of this Agreement and / or the norms of the current legislation of Ukraine, the Company reserves the right to
limit the user’s access to the account on a time-based basis, and in case of gross and / or repeated (more than two times) violation of the terms of this Agreement, deny access to the account on a permanent basis.

7.8. The Company is not liable to experts and/or the User and/or any third parties for any direct and/or indirect losses, including lost profits or lost data, damage to honor, dignity or business reputation, incurred in connection with the use of the site or its use is impossible , or unauthorized access to expert communications of third parties.

7.9. The Company is not responsible to users or any third parties for the Content and legality of information materials, the quality of expert services, the compliance of the ongoing activities for the provision of expert services with the legislation of Ukraine, the payment by Users for Expert services.

8. Force majeure

8.1. The Party shall not be liable for non-performance or improper performance of its obligations under this Agreement if such non-performance or improper performance was caused by force majeure circumstances, namely: war, invasion, riot, uprising, public unrest, fires, floods, earthquakes, embargoes, a sharp deterioration in the situation in international financial markets or other similar circumstances is beyond the control of the Party.

8.2. If a Party delays or fails to fulfill its obligations under this Agreement due to force majeure circumstances, then it must provide the other Party within 5 (five) business days from the moment from which the Party learned or should have learned about the occurrence of force majeure circumstances, a written communication of such delay or non-compliance, together with a statement of the facts on the basis of which such Party submits its report on force majeure circumstances. A Party that delays or fails to perform its obligations under this Agreement due to force majeure circumstances must take all possible measures to reduce the impact of force majeure circumstances.

8.3. The Party is deprived of the right to refer to the effect of force majeure circumstances if it has not taken all possible precautions to avoid the effect of force majeure circumstances and / or has not notified the other Party of their occurrence within the period specified in clause 8.2.

8.4. The party affected by force majeure events is obliged to restore the fulfillment of its obligations under this Agreement after the end of the force majeure circumstances, unless such performance became impossible due to the force majeure circumstances.

8.5. The onset and termination of force majeure circumstances is confirmed by a document issued by the Ukrainian Chamber of Commerce and Industry.

9. VALIDITY AND MODIFICATION OF THE TERMS OF THE OFFER

9.1. The offer comes into force from the moment it is published on the Internet at http://shop.vitaguru.co and is valid until the offer is withdrawn by the Company.

9.2. The Company reserves the right to amend the terms of the offer and / or withdraw the offer at any time at its sole discretion. If the Company makes changes to the offer, such changes come into force from the moment the new edition of the offer is published on the Internet at http://shop.vitaguru.co, unless another date for the changes to take effect is additionally determined when they are published. The offer is considered withdrawn from the moment of its publication on the Internet at http://shop.vitaguru.co.

9.3. From the moment the Agreement comes into force with the amendments and additions made, the Agreement begins to be valid for the Parties in a new edition.

9.4. If the User does not agree with the changes and additions made, the latter has the right to terminate the agreement by notifying the Company 15 days before the date of termination.

9.5. In the absence of a written notice to the User about the termination of the Agreement due to disagreement with the changes and additions made, the Agreement is considered valid for the Parties in a new edition.

9.6. By entering into this Agreement, the User confirms that he has been provided and understands all the information related to the provision of services and / or the purchase of Goods under this Agreement.

10. TERM, AMENDMENT AND TERMINATION

10.1. The Agreement comes into force from the moment of acceptance of the offer and is valid until the termination of the Agreement.

10.2. The Agreement is considered automatically terminated if the User does not use the Services for 12 calendar months.

11. ADDITIONAL TERMS

11.1. If this Agreement is concluded on behalf of a minor person by his legal representative, this legal representative, depending on the nature and content of the obligation, fulfills the obligations imposed by this agreement on the user and / or ensures their fulfillment by the minor person on whose behalf he concluded the agreement.

11.2. If, for one reason or another, any of the terms of this Agreement are declared invalid, this does not affect the validity or applicability of the remaining terms of the Agreement.

12. Dispute resolution

12.1. The User and the Company agree that all disputes and disagreements that may arise from this Agreement or in connection with it will be resolved through negotiations with mandatory observance of the pre-trial dispute resolution procedure. The User’s claims regarding the Services and / or Goods provided by the Company are accepted for consideration only if they are made in writing and sent to the Company’s postal address within 1 (one) calendar month from the date of provision of such services or refusal to provide it and / or in case of purchasing the Goods – within the period established by the legislation of Ukraine in the field of consumer protection.

12.2. If no agreement is reached, all disputes regarding the execution of this Agreement shall be resolved in court in accordance with the current legislation of Ukraine at the location of the company.

12.3. In the event of disputes between the User and the Expert related to the performance / provision of expert services to the User, these disputes are resolved independently between the User and the Expert without involving the Company.

12.4. Financial disputes are resolved with the participation of all parties.

Company details:

FOP Gamieva Olga Evgenievna

02160, Kiev, Regeneratornaya street, house 4, apartment 12-161

EDRPOU / TIN 2101509948

sch UA923007110000026005052738450

in the Pechersk branch of PJSC CB “PrivatBank”

MFI 300711

Regards

Administration of the Internet portal “VITAGURU”

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