User Agreement

PUBLIC AGREEMENT (OFFER)

for ordering, purchasing, selling, and delivering goods

This agreement is an official and public offer by the Seller to conclude a contract for the purchase and sale of Goods presented on the website https://shop.newproducts.com. This agreement is public, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers regardless of their status (natural person, legal entity, individual entrepreneur) without giving preference to one buyer over another. By entering into this Agreement, the buyer fully accepts the terms and conditions for placing an order, paying for goods, delivering goods, returning goods, liability for unfair orders and all other terms and conditions of the agreement. The Agreement is considered concluded from the moment the ‘Confirm Order’ button is clicked on the order page in the ‘Basket’ section and the Buyer receives an electronic order confirmation from the Seller.

1. Definition of terms

1.1. Public offer (hereinafter referred to as the ‘Offer’) - a public offer of the Seller, addressed to an indefinite circle of persons, to conclude a contract of sale of goods with the Seller by remote means (hereinafter referred to as the ‘Contract’) on the terms contained in this Offer.

1.2. Goods are the subject of the agreement between the parties, which were selected by the buyer on the website of the online store and placed in the basket, or already purchased by the Buyer from the Seller remotely.

1.3. Online store – the Seller's website at https://shop.newproducts.com, created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer's familiarisation with the description of the Goods offered by the Seller via the Internet. 

1.4. Seller – Limited Liability Company BETTER PIT LLC (identification code 41324175), a legal entity established and operating in accordance with the current legislation of Ukraine, located at: 1601, Kyiv, Sportivna Square, building 3.

2. Subject of the Agreement

2.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

2.2. The Agreement shall be deemed concluded from the moment the ‘Confirm Order’ button is clicked on the order page in the ‘Basket’ section and the Buyer receives an electronic order confirmation from the Seller.

3. Placing an Order

3.1. The Buyer places an order in the Online Store independently using the ‘Basket’ form, or by placing an order by email or by calling the telephone number listed in the contact section of the Online Store.

3.2. The Seller has the right to request the data necessary to identify the person before purchasing alcoholic beverages. If the person does not provide such information, or the information is not true and/or is clearly false, the Seller has the right to refuse to transfer the order to the Buyer. 

3.3. When placing an order on the online store's website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfil the order:

3.3.1. the Buyer's surname and first name;

3.3.2. the address to which the Goods are to be delivered (if delivery is to the Buyer's address);

3.3.3. contact telephone number.

3.3.4. identification code for a legal entity or individual entrepreneur.

3.4. The name, quantity, and price of the Goods selected by the Buyer are indicated in the Buyer's shopping cart on the Online Store website.

3.5. If either Party to the contract requires additional information, that Party has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller has the right to refuse the order.

3.6. When placing an order through the Seller's operator (clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4. of this Offer.

3.7. The Buyer accepts the terms of this Offer by entering the relevant data in the registration form on the website of the online store when placing an Order in the ‘Basket’ section.

3.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.

3.8. By concluding the Agreement, i.e. accepting the terms of this offer (the proposed terms of purchase of the Goods) by placing an Order, the Buyer confirms the following:

a) The Buyer is fully familiar with and agrees to the terms of this offer (proposal);

b) they give permission for the collection, processing and transfer of personal data, and this permission to process personal data is valid for the entire term of the Agreement. In addition, by concluding the contract, the Buyer confirms that he is familiar (without additional notification) with the rights established by the Law of Ukraine ‘On the Protection of Personal Data’, the purposes of data collection, and that his personal data is transferred to the Seller for the purpose of fulfilling the terms of this Contract for mutual settlements, as well as for receiving invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notification to the Buyer for the purpose of fulfilling the Buyer's order.

4. Price and Delivery of Goods

4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the website of the online store. All prices for Goods and services are indicated on the website in hryvnia, including VAT.

4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions, but the price of the Goods cannot be changed after the order has been placed;

4.3. The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current tariffs of Nova Poshta.

Delivery of goods is carried out only by Nova Poshta.

All orders placed before 16:00 will be shipped on the same day. Orders placed after 16:00 will be shipped the next day.

4.4. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer submits a corresponding request to the Seller by sending an email or when placing an order through the online store operator.

4.5. The Buyer's obligation to pay for the Goods shall be deemed fulfilled from the moment the funds are credited to the Seller's account.

4.6. Settlements between the Seller and the Buyer for the Goods shall be made in the manner specified on the online store website in the ‘Payment and Delivery’ section.

4.7. Upon receipt of the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life) and confirm this with their signature on the sales receipt or on the delivery note for the goods, thereby guaranteeing that they have no complaints about the quantity, appearance and completeness of the goods.

4.8. The right of ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative from the moment the Buyer receives the Goods at the point of shipment of the Goods and during the transfer of the Goods by the Seller to the Nova Poshta delivery service. 

5. Rights and obligations of the Parties

5.1. The Seller shall:

5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.

5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except as provided by law and during the execution of the Buyer's Order.

5.2. The Seller has the right to:

5.2.1 Change the terms of this Agreement, as well as the prices for Goods and services, unilaterally, by posting them on the website of the online store. All changes shall take effect from the moment of their publication.

5.3 The Buyer undertakes:

5.3.1 To familiarise themselves with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the online store before concluding the Agreement.

5.3.2 In order for the Seller to fulfil its obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.

6. Return of Goods

6.1. In accordance with Resolution No. 172 of the Cabinet of Ministers of Ukraine dated 19 March 1994 ‘On the implementation of certain provisions of the Law of Ukraine ’On the Protection of Consumer Rights", food products of proper quality are not subject to return. Resolution of the Cabinet of Ministers of Ukraine No. 172 dated 19 March 1994 specifies this list, clearly indicating that food products of proper quality are not subject to exchange.

6.2. If, upon receipt of the goods, the consumer discovers and confirms that the goods are of inadequate quality, the consumer has the right to refuse to accept them if there is a supporting document confirming the purchase.

6.3. The quality of the goods is checked upon receipt of the order, and if you find any discrepancies (damaged, unfit for consumption, has lost its nutritional properties), such goods are subject to replacement or refund

6.4. If a defect is found, you should contact the seller to resolve the issue of replacement or return of the goods.

7. Liability

7.1. The seller is not liable for damage caused to the buyer or third parties as a result of improper transportation, use and storage of goods purchased from the seller.

7.2. The Seller shall not be liable for improper or untimely fulfilment of Orders and its obligations in the event that the Buyer provides inaccurate or false information.

7.3. The Seller and the Buyer shall be liable for the fulfilment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer shall be exempt from liability for full or partial failure to fulfil their obligations if such failure is the result of force majeure circumstances such as: war or military action, earthquake, flood, fire and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The party that is unable to fulfil its obligations shall immediately notify the other party thereof.  Certification of force majeure circumstances, ATA carnet, certification of goods and services are provided by specialists of the Ukrainian Chamber of Commerce and Industry.

8. Confidentiality and protection of personal data.

8.1. By providing their personal data on the website of the online store when registering or placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as to other actions provided for by the Law of Ukraine ‘On the Protection of Personal Data’, without limiting the term of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to contractors and third parties acting on the basis of an agreement with the Seller, including for the fulfilment of obligations to the Buyer, as well as in cases where the disclosure of such information is required by the current legislation of Ukraine.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor performance or non-performance of their obligations due to outdated information about the Buyer or its inaccuracy.

9. Other conditions

9.1. This agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If the disputed issue cannot be resolved through negotiations, the Buyer and the Seller have the right to refer the dispute to the judicial authorities in accordance with the current legislation of Ukraine.

9.3. The terms of the public agreement are the same for all consumers, except for those who are granted relevant privileges by law.

 

SELLER'S ADDRESS AND DETAILS:

BETTER PIT LLC

EDRPOU code 41324175

01601, Kyiv, Sportivna Square, 3,

UA733003350000000260072208042

at Raiffeisen Bank JSC, Kyiv

MFO 300335

tel:+38 (067) 387 53 60

Email address: shop@newproducts.com