Public Offer Agreement (for distance sale of the goods)
By purchasing in the online store at https://store.vilavi.com/ in the Internet (hereinafter – the Online Store), the Buyer agrees with all the below-mentioned provisions of this Agreement.
1. Terms and Definitions
1.1. The Buyer means an individual or legal entity that intends to order or buy or ordering, purchasing or using the goods through the Seller online store;
1.2. Seller means VILAVI INT LTD (Konstantino Sumeonidi 7, 3080 Limassol, Cyprus);
1.3. Distance sale of the goods means sale of goods under a contract of retail sale concluded on the basis of familiarization of the buyer with the seller's description of the goods contained in catalogs, prospectuses, booklets or presented in photographs or by means of communication, or by other means excluding the possibility of direct familiarization by the buyer with the goods or the sample of the goods when entering into such an agreement;
1.4. Personal data means any information relating to the identified or identifiable person (Buyer), including his surname, name, patronymic, year, month, date of birth, address, marital status, other information;
1.5. Personal data processing means any actions (transactions) with personal data, including collection, recording, systematization, accumulation, storage, detailing (updating, modification), use, distribution (including transmission) depersonalization, blocking, destruction of personal data.
1.6. Confidentiality of personal data means a requirement binding upon the Seller not to allow its disclosure without the consent of the Buyer;
1.7. Site means https://store.vilavi.com/
1.8. Order means a duly executed request of the Buyer to buy and deliver the Goods, provided on the Site;
1.9. Special Offer means the Seller's offer to sell a certain range of goods within the certain period of time on the terms different from the ordinary conditions for the sale of such goods;
1.10. Goods means the products offered for sale in the online store at https://store.vilavi.com/
1.11. Online Store means the site of the Seller, designated for conclusion of purchase and sale contracts on the basis of familiarization of the Buyer with the description of the Goods offered by the Seller and / or the represented image of the Goods on photographs, via the Internet, excluding the possibility of direct familiarization by the Buyer with the Goods.
2.1. This Agreement governs the relationship of the online store and the Buyer.
2.2. The Online Store reserves the right to unilaterally amend this Agreement with their prior publication on the site.
2.3. Address of updated version of the Agreement in the Internet is https://store.vilavi.com/
2.4. This Agreement shall prevail over other documents.
3. Legal Status of the Online Store
3.1. Pursuant to the current EU laws, this Agreement is a public offer to individuals and legal entities containing the essential terms of the Agreement for sale of the products presented on the site: https://store.vilavi.com/
3.2. If the terms of this Agreement are accepted, an individual (or legal entity) accepting the offer becomes the Buyer. Acceptance is the fact of confirmation of the Order on the terms of this agreement.
4. Legal Status of the Buyer
4.1. The buyer is an individual or legal entity that has placed the Order in the online store on the terms of the Purchase and Sale Agreement (public offer of the online store).
4.2. The buyer is liable for adequacy of information submitted while placing the Order.
4.3. Confirmation by the Buyer of the Order placed in the online store means the Buyer's full agreement with the terms of this Purchase and Sale Agreement (public offer of the online store) and is the date of conclusion of the Purchase and Sale Agreement between the online store and the Buyer.
4.4. Use of the resource of the online store for viewing and selection of goods, and for placement of the order is free of charge for the Buyer.
5. Subject Matter of the Agreement
5.1. The Seller undertakes to deliver the Goods to the Buyer’s ownership, and the Buyer undertakes to pay for and accept the goods on the terms of this Agreement.
5.2. This Agreement governs sale and purchase in the online store, including:
5.2.1. Buyer’s voluntary choosing the Goods in the online store;
5.2.2. independent placement of the Order by Buyer in the online store;
5.2.3. payment of the Order, placed in the online store, by Buyer;
5.2.4. performance and delivery of the order to the Buyer’s ownership under the terms and conditions of this Agreement.
6. Access to information of the Buyer
6.1. Information, provided by Buyer, shall be treated as confidential.
6.2. The online store uses information on the Buyer solely for the purpose of operating the online store (sending a notice to the Buyer of the performance of the order, etc.) and in the cases specified in this Agreement.
7. Procedure for Conclusion of the Sales and Purchase Agreement and Placement of the Order
7.1. When placing the Order in the online store, the Buyer is obliged to provide reliable information on him, required for fulfillment of the Order by the Seller. The Seller is not liable for the failure or improper fulfillment of the Order if the Buyer has provided inaccurate information. The Seller has the right to verify the accuracy of the information received from the Buyer.
7.2. The will of the Buyer shall be carried out by entering the relevant data into the order form in the online store by the Buyer and by accepting the public offer of the online store.
7.3. The online store does not edit information on the Buyer.
7.4. The payment procedure, the delivery term, the deadline for fulfilling the order and other essential conditions are specified in this Agreement, and in the Rules (regulations) for payment and delivery of the Goods provided by the Seller.
7.5. When placing the Order, the Buyer must indicate the following information: 7.5.1. Details of the Buyer and the Recipient of the Order; 7.5.2. Order delivery address; 7.5.3. contact phone number
7.6. The online store has the right to send to the Buyer by e-mail information about the development of the online store, new products, services or promotions.
7.7. Following placement of the Order, the Buyer may track it in his Account at https://store.vilavi.com/
7.8. If the Buyer has placed the Order for the Goods in the amount exceeding the number of units of one item of the Goods in stock or missing at the warehouse, the Seller informs the Buyer to that end by sending an electronic message to the e-mail address indicated upon registration or telephone call. The Buyer has the right to agree to accept the Goods in the amount available from the Seller, or delay the execution of the Order for the time required for the Seller to manufacture the goods, or to exclude the missing item of the Goods from the Order. If the Buyer does not receive a response within 3 (three) days, the Seller has the right to delay the execution of the Order unilaterally, but not more than 10 (ten) days. If the Order is canceled, the Buyer shall be refunded the money in accordance with the initial payment method within 10 banking days.
7.9. The deadline for receiving the Order by the Buyer depends on the delivery address, the delivery term, the work of the particular Delivery Service. The Buyer can see the delivery terms at the seller's site.
7.10. All informational materials posted on the Site are of a reference nature and cannot fully represent reliable information on the properties and characteristics of the Goods, including colors, sizes and shapes. In the event that the Buyer has any questions about the properties and characteristics of the Goods, the Buyer shall apply to the Seller before placing the Order.
7.11. In case of cancellation of a fully prepaid, but not shipped Order, the cost of the canceled Order or the Goods excluded therefrom at the Buyer's request shall be refunded. Refunds are to made in accordance with the initial payment method within 10 banking days
8. Order Price and Payment Procedure
8.1. The price for the Goods is indicated on the Site. If the price of the Goods ordered by the Buyer is incorrect, the Seller informs the Buyer as soon as possible for confirmation of the Order at the adjusted price or for cancellation of the Order. Upon impossibility to contact the Buyer, this Order is considered to be canceled. If the Order has been paid, the Seller refunds to the Buyer the amount paid for the Order in accordance with the initial payment method within 10 banking days.
8.2. The price for the Goods on the Site may be changed by the Seller unilaterally. Provided that, the price for the Goods ordered and paid for by the Buyer shall not be changed.
8.3. In case of the advance payment for the Goods, the Order is accepted for processing only following crediting the Buyer's funds to the Seller's account. Provided that, the Goods under the Order are not reserved, and the Seller cannot guarantee the availability of the Goods at the Seller's warehouse, indicated at the time of placing the Order, consequently, the processing term of the Order may be increased.
This provision shall not apply upon payments by banking card VISA/MC.
8.4. When paying for goods in rubles, in respect of the European user of our site, conversion of the funds into Euro will be made automatically.
8.5. Goods payment methods are set out at https://store.vilavi.com/
9.1. Goods delivery methods are stated on the Site.
9.2. The Seller will make every effort to meet the delivery deadlines indicated on the Site, however, delays in delivery are possible due to unforeseen circumstances occurred due to no fault of the Seller.
9.3. The total delivery term from the warehouse consists of the order processing term and delivery term. Order processing term is 1 (one) business day. The delivery term is stated on the Site.
9.4. Orders are to be delivered at the address, specified by Recipient while placing the order.
10. Return of the Goods
10.1. Food (drinks) of good quality cannot be exchanged and returned.
10.2. Return and exchange of food products of poor quality shall be carried out within 14 days after receipt of the goods.
10.3. Return and exchange of non-food products (souvenir products) of good quality are possible if the goods in concern were not used, its marketable appearance, consumer properties, seals, factory labels are preserved, and there is a document confirming the payment for the said goods. Shipment costs for returning the goods will be borne by the Buyer.
11. Rights and Duties of the Parties
11.1. The Seller is obliged to:
11.1.1. Deliver the Goods under the terms of the Order.
11.1.2. In case of any change in the delivery term, immediately notify the Buyer of the changes in the terms of delivery in order to obtain consent to new conditions for the fulfillment of the Order generally, or in part, or cancel the Order and refund the money paid. The Seller notifies the Buyer by telephone and electronic communication. The Buyer's response, received by e-mail, is to be recorded in the electronic history of the Order execution. The Buyer deems to have accepted the changed conditions if the Buyer within 24 (twenty four) hours of the notice by the Seller of the change in the contractual terms failed to send a written refusal to the Seller.
11.2. The Seller is entitled to:
11.2.1. Establish and vary payment methods and conditions of the Buyer’s Orders.
11.2.2. Not to proceed with performance of the Order in case of absence of its payment.
11.2.3. If the Goods are not demanded by the Buyer within 14 (fourteen) calendar days of the notice to the Buyer of the delivery of the goods at the destination address, terminate the Agreement unilaterally. In this case the Goods are to be returned to the warehouse of the Seller, payment of the order shall be refunded to the Buyer less shipment costs (delivery at the destination address and return at the warehouse of the Seller).
11.3. The Buyer is obliged to:
11.3.1. Comply with the terms and conditions of this Agreement.
11.3.2. Prior to the conclusion of this Agreement, get acquainted with the information provided by the Seller on the Site, the price and conditions for purchase of the Goods, options for its delivery (receipt), the Goods payment procedure, and the effective term of the offer to enter into this Agreement, and if there is no interesting information for the Buyer, or if receipt of additional information is required, request the Seller in writing to provide such information; on the above-mentioned Site, and get acquainted with the address of the Seller's location, its full corporate name, other details.
11.3.3. When placing the Order, provide the exact name of the required Goods, its number or link to the catalog, required for accurate determination of the required Goods.
11.3.4. In case of an independent order of the Goods, without consulting the Seller's managers, be liable for the selection of the Goods
11.3.5. Timely and fully pay for the goods purchased in the manner and within the terms provided for in this Agreement.
11.3.6. Timely accept from the Seller the Goods ready for Delivery, in manner provided for by this Agreement.
11.3.7. When placing the Order, specify the correct delivery address of the Order / transfer of the Goods at the time of the Order.
11.3.8. In case of discovery of any defect, damage of the goods, notify the Seller or its Representative at the time of Delivery of the Goods.
11.3.10. Be clearly aware that the food supplement does not replace a full and balanced nutrition.
11.4. The Buyer is entitled to:
11.4.1. Obtain information of any changes in the Seller’s working hours in a timely manner.
11.4.2. Upon receipt of the Goods in the range, which fully or partially is inconsistent with the appropriate agreed Order, require replacement of it with the Goods that meet the conditions for the range of the agreed Order or refuse from the goods.
11.4.3. Require refund of payment in case of impossibility to comply with the Order conditions by Seller.
11.4.4. Make changes in the Order before its execution by Seller.
11.4.5. Before delivery of the Goods to the Buyer, repudiate the Agreement, provided that the costs incurred in connection with the actions related to execution of this Agreement are indemnified to the Seller in the amount of actual costs incurred by the Seller (including delivery).
12. Liability of the Parties
12.1. The Seller is not liable for damage caused to the Buyer due to misuse of the Goods, bought in the Online Store.
12.2. The Seller is not liable for losses of the Buyer arisen as a result of:
12.2.1. wrong completion of the order form, including incorrect indication of personal data,
12.2.2. illegal actions of third parties.
12.3. The Seller is relieved of liability, in the case of an independent placement of the Order by the Buyer via the Internet, without the Seller's request to check the correctness of the selection of the Goods.
12.4. The parties shall be relieved of liability for partial or full failure to fulfill the obligations under this Agreement if this failure was a consequence of force majeure circumstances arisen after the conclusion of the agreement as a result of events of an emergency nature, which the Party could neither foresee nor prevent by reasonable measures.
12.5. The force majeure circumstances, in particular, include: fires, earthquakes, floods and other natural disasters, declared or actual war, civil unrest, epidemics, blockade, embargo, nationwide crisis, strikes in the industry or region, actions and decisions of governmental authorities , disruptions occurring in telecommunication and power networks, the effect of malicious programs, and unfair actions of third parties, expressed in actions aimed at an unauthorized access and / or disabling the software and / or hardware complex of each Party.
12.6. The Party referring to force majeure shall within 5 (five) business days notify the other Party of the occurrence of similar circumstances in writing. Confirmation of these circumstances shall be a document issued by appropriate competent governmental authority.
12.7. In case of the occurrence of force majeure circumstances, the term for performance of the obligations under this Agreement shall be prolonged pro rata duration of such circumstances and their consequences. If the force majeure circumstances to which either of Parties refers continue for more than 60 (sixty) days, the other Party has the right to terminate this Agreement unilaterally.
13. Final Provisions
13.1. Date of conclusion of the Agreement and its effective date deems the date of placing the Order by the Buyer.
13.2. Pursuant to this Agreement, the parties recognize a legal force of the documents obtained by e-mail, equally with documents executed in the simple written form.
13.3. The Parties will take all reasonable measures for settlement of the disputes and disagreements, which may arise upon fulfillment of the obligations hereunder or in connection herewith by negotiations.
13.4. If the Parties failed to reach an agreement, all the disputes shall be considered in the procedure, provided for by laws of Cyprus, in the legal proceeding.
13.5. The Parties are obliged to notify each other in case of any change in their details immediately within 1 (one) business day of the change in details.
13.6. In all other respects, unstipulated in this Agreement, the Parties shall be governed by current laws of EU.