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Public contract (Offer)

on the provision of services for the sale and purchase of goods
remotely
1. General provisions and scope.
1.1. This document is an open official offer (hereinafter referred to as the "Offer") of the individual entrepreneur Gerasimenko V.O., identification code - 3870701564, (hereinafter referred to as the "Contractor"), which is addressed to an indefinite number of persons (individual entrepreneurs, legal entities and capable individuals) to conclude a commission agreement and/or purchase and sale of goods remotely in the online store (hereinafter referred to as the "Agreement") on the terms and conditions set forth in this Offer, which are posted on the official website https://platinummed.eu/ (hereinafter referred to as the "Site").
1.2. In accordance with the terms of clause 2 of Article 628 of the Civil Code of Ukraine, this Agreement is a mixed agreement containing elements of the Public Agreement (Offer) for the sale of goods remotely in the online store in accordance with Articles 633, 638, 641, 642 of the Civil Code of Ukraine and the Public Agreement (Offer) of the Commission for the sale of goods in the online store in accordance with Articles 1011-1028 of the Civil Code of Ukraine.
1.3. In case of acceptance of the terms and conditions set forth in the Offer (acceptance), any legally capable individual, individual entrepreneur or legal entity becomes the Customer under the Agreement (hereinafter referred to as the "User") and undertakes to comply with the terms of this Agreement.
1.4. The Offer shall enter into force from the moment it is posted on the Internet at the link on the website https://platinummed.eu/ and shall be valid until its withdrawal by the Contractor.
1.5. In accordance with the terms of Article 642 of the Civil Code of Ukraine, the moment of full and unconditional acceptance by the User of the terms of this Agreement, that is, acceptance, is the implementation of any interaction of the User on the Site (including, but not limited to: registration on the Site, placing an order, transferring payment and/or actual use of other services of the Website).
The fact of any interaction on the Website means that the User has read, understands and unconditionally accepts the terms of this Agreement (Offer) in full without reservations and limitations or exceptions, which results in the conclusion of the Agreement.
1.6. The Parties shall determine the location of the Contractor as the place of conclusion of the Agreement.

2. Definitions, terms.
In this Agreement, unless the context requires otherwise, the following terms and definitions have the following meanings:
2.1. "Online Store" - in accordance with the Law of Ukraine "On Electronic Commerce", a means for selling goods, services by means of an electronic sale and purchase transaction.
2.2. "Website" - the software of the Online Store at the address: https://platinummed.eu/, access to the services of which is provided to Users through the Personal Account (Account) via the Internet and provides the User with the opportunity to purchase and sell goods in the online store.
2.3. "Website Administration" - persons duly authorized by the Contractor to manage the online service and provide the Users with the services of the Online Store.
2.4. "OEK" - the User's personal electronic account, which has a unique ID number (Account) in the functional system of the Site, through which the User accesses the Site service.
2.5. "Registration" is a procedure during which the User provides the Contractor with the necessary information to create an EKI and an Account and use the services of the Site by filling out the appropriate forms of the Site.
2.6. "Personal data" means information or a set of information about an individual who is identified or can be specifically identified using such information.
2.7. "Goods" - cosmeceutical and medical products, accessories, components and accompanying items by name and assortment, which are presented and indicated in the Online Store.
2.8. "Contractor", "Commissioner" - individual entrepreneur Gerasimenko V.O. (identification code - 3870701564) or his authorized representative, who, on behalf of the Client (Seller), sells the Client's (Seller's) Goods in the Online Store for a commission fee on his own behalf and at the expense of the Client.
2.9. "User" - the Seller or Buyer of the goods presented on the website of the online store.
2.10. "Seller", "Principal" - a person (capable individual, individual entrepreneur or legal entity) who has instructed the Contractor (Commission Agent) to sell their goods in the Online Store under the terms of this Agreement.
2.11. "Buyer" - a person (a legally capable individual, an individual entrepreneur or a legal entity) who buys goods presented on the website of the Online Store under the terms of this Agreement.
2.12. "Partner" - a Wholesale Buyer who, under the terms of this Agreement, buys wholesale goods presented on the website of the Online Store.
2.13. "Medic" - the Buyer is a specialist in the medical/cosmetic field or a medical/cosmetic institution that buys the goods presented on the website of the Online Store under the terms of this Agreement.
2.14. "Order" - selection of individual items from the list of goods for purchase.
2.15. "Guarantee Payment" means an amount of money transferred by the User to the Contractor's bank account and reflected in the UEC on the User's balance sheet and, in accordance with the requirements of Part 2 of Article 546 of the Civil Code of Ukraine, is a way to ensure the fulfillment of the User's monetary obligations.
2.16. "Balance" means the User's account in the UEC and information on the account status.
In the absence of an unambiguous interpretation of the terms in this Agreement, the Parties shall be guided by the interpretation of the terms by the current legislation of Ukraine, as well as the meanings defined on the Website.

3. Subject of the contract.
3.1. The Contractor (Commission Agent) undertakes, on behalf of the Seller (Principal), to sell the Seller's (Principal's) Goods in the Online Store and transfer the ownership of the Goods to the Buyer for a commission fee on its own behalf and at the expense of the Seller (Principal), and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement and the Contractor (Commission Agent) undertakes to accept payment for the Goods from the Buyer and transfer this amount of payment to the Seller (Principal), and the Seller (Principal) undertakes to pay the Contractor (Commission Agent) a commission fee in the amount, manner and under the terms of this Agreement.
3.2. The selling price of the Goods shall be determined by the Contractor on the Website of the Online Store.
3.3 The Contractor (Commission Agent) undertakes to transfer to the account of the Seller (Principal) all funds received for the accounting month from the sale of the Goods in the Online Store no later than the 10th day of the month following the accounting month.
3.4. The Seller (Principal) undertakes to transfer the commission fee for the accounting month to the account of the Executor (Commission Agent) no later than the 15th day of the month following the accounting month.
3.5. The amount of the commission fee shall be determined by the Seller (the Principal) and the Contractor (the Commission Agent) in a separate document.
3.6. This Agreement governs the sale and purchase of goods in the online store, including:
voluntary selection by the Buyer of goods in the online store;
independent ordering by the Buyer in the Online Store;
payment by the Buyer for the order placed in the Online Store;
processing and delivery of the order to the Buyer in accordance with the terms of this Agreement.

4. Ordering procedure
4.1 The Buyer has the right to place an order for any product presented on the Website of the Online Store and available.
4.2. Each item can be presented in the order in any quantity.
4.3. In the absence of the goods in the warehouse, the Site Administration Manager is obliged to notify the Buyer by telephone or other Internet (electronic) communication channels.
4.4. In the absence of the goods, the Buyer has the right to replace it with an analog, refuse this product, cancel the order.

5. Order Payment Procedure
5.1. Cash on Delivery (COD)
5.1.1. Payment is made upon receipt of the goods at the branch of the delivery service in cash and in Ukrainian hryvnia.

5.2. Prepayment
5.2.1. Payment is made through the payment system presented on the website or via bank details provided by the manager during order confirmation or listed on the website.
5.2.2. If payment is not received, the online store reserves the right to cancel the order.
5.2.3. If payment is not received within 2 business days after order confirmation, the online store reserves the right to cancel the order.
5.2.4. An electronic receipt is provided upon the customer’s request within 1 business day after the funds are received in the company’s bank account.

6. Order Delivery Terms
6.1. Delivery of goods purchased from the online store is carried out to the warehouses of delivery services, where the orders are issued to the customer.

7. Rights and Obligations of the Parties
7.1. The Seller has the right to unilaterally terminate the provision of services under this Agreement in case the User violates the terms of this Agreement.
7.2. The Seller undertakes to:
– deliver the goods to the User in accordance with the terms of this Agreement and the User’s order;
– respond to the User’s requests;
– not disclose any private information about the User and not provide access to this information to third parties, except as required by law or necessary to fulfill the User’s order.
7.3. The Buyer has the right to:
– place an order through the online store;
– conclude an electronic contract;
– send inquiries to the Seller and receive responses;
– demand the Seller’s compliance with the terms of this Agreement.
7.4. The User undertakes to:
– review the content of this Agreement, its terms, and the prices listed on the online store’s website before concluding the Agreement;
– provide the necessary registration information when signing up on the website as a User, especially when ordering medical products restricted from sale to individuals without medical qualifications or institutions without medical/cosmetology licenses;
– provide all required data that clearly identifies them as the User and is sufficient to ensure delivery of the ordered goods.


8. Liability of the Parties
8.1. The Parties shall be held liable for non-performance or improper performance of the terms of this Agreement in accordance with this Agreement and the applicable laws of Ukraine.
8.2. The Seller shall not be liable for:
– any changes in the appearance of the product made by the manufacturer;
– slight discrepancies in product color shades, which may differ from the original due to different monitor or mobile screen color rendering;
– the accuracy and truthfulness of the information provided by the User when placing an order;
– delays or interruptions in service (order processing and delivery) caused by factors beyond the Seller’s control;
– any illegal actions committed by the User via Internet access provided under this Agreement;
– the User sharing their network identifiers — IP address, MAC address, login, and password — with third parties.
8.3. The User, using the Internet access provided, is personally responsible for any damage caused by their actions (even if performed by another person under their login) to individuals or property, legal entities, the state, or moral principles.
8.4. In the event of force majeure, the Parties shall be released from fulfilling their obligations under this Agreement. Force majeure shall mean extraordinary, unforeseen events that prevent or objectively hinder the performance of this Agreement, and which could not have been foreseen or prevented by reasonable means.
8.5. The Parties shall make every effort to resolve any disputes exclusively through negotiations.


9. Return of Goods of Proper Quality
9.1. Returns of goods to the online store are carried out in accordance with the current legislation of Ukraine.
9.2. The Buyer has the right to return goods of proper quality if they do not meet their expectations in terms of shape, size, style, color, dimensions, or for other reasons cannot be used for their intended purpose. The Buyer may return such goods within 14 (fourteen) days, excluding the day of purchase.
The return is accepted only if the product was not used, and its commercial appearance, consumer properties, original packaging, seals, labels, and the payment receipt provided to the Buyer are preserved.
The list of goods that are non-returnable is approved by the Cabinet of Ministers of Ukraine.
9.3. A refund for returned goods of proper quality shall be made within 30 (thirty) calendar days from the date the Seller receives the goods, provided all legal requirements are met.
9.4. Refunds are processed via bank transfer to the Buyer’s account.
9.5. The cost of returning the goods of proper quality to the Seller’s address is covered by the Buyer and is non-refundable.
9.6. If any defects are found within the warranty period, the Buyer has the right — in accordance with Ukrainian law — to submit a claim to the Seller.
If the Buyer requests free repair of defects, the period for such repair begins on the day the Seller receives the product and gains physical access to it.
9.7. Claims under the Law of Ukraine “On Consumer Rights Protection” are reviewed only upon submission of all required documents by the Buyer.
The Seller is not responsible for any defects that occur after the goods have been transferred to the Buyer, resulting from improper use or storage, actions of third parties, or force majeure.
9.8. The Buyer may not refuse goods of proper quality that have individually specified properties, meaning those that can be used exclusively by the Buyer who placed the order (e.g., custom sizes, specifications, appearance, configuration, etc.).
Confirmation of such individualized characteristics includes any deviations in size or other features from those specified in the online store.

10. Other Terms
10.1. The Seller reserves the right to make changes to this Agreement unilaterally, provided such changes are published in advance on the Website.
10.2. The online store is created for organizing remote sales of goods via the Internet.
10.3. The User is responsible for the accuracy of the information provided when placing an order. By accepting the terms of this Agreement, the User gives the Seller unconditional consent to collect, process, store, and use their personal data in accordance with the Law of Ukraine “On Personal Data Protection.”
10.4. The actual date of the electronic agreement between the parties is the date of acceptance of the terms, pursuant to Article 11 of the Law of Ukraine “On Electronic Commerce.”
10.5. The information provided by the User is confidential. The website administration uses this information solely for processing orders, sending notifications, delivering goods, making settlements, and other related activities.
10.6. The User agrees that the website administration has the right to share personal data with third parties, such as courier services, postal companies, telecommunications operators, and others for the purpose of providing services and fulfilling User requests within the scope of this Agreement.
10.7. In case of disputes or disagreements between the Parties, they agree to resolve them through negotiations. If the disputes cannot be resolved by negotiation, they shall be settled in accordance with the current legislation of Ukraine.
10.8. This Agreement is governed by and interpreted in accordance with the laws of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with Ukrainian law. All disputes arising from the relationships governed by this Agreement shall be resolved under the laws of Ukraine.

11. Term of the Agreement
11.1. The electronic agreement is considered concluded from the moment the person who submitted the offer to conclude such an agreement receives a response of acceptance, as defined in Part 6 of Article 11 of the Law of Ukraine “On Electronic Commerce.”
11.2. Prior to the expiration date, this Agreement may be terminated by mutual consent of the Parties before the actual delivery of the goods, by refunding the payment.
11.3. Either Party may unilaterally terminate this Agreement in the event of non-fulfillment of its terms by the other Party or in cases provided by the current legislation of Ukraine.

12. Company Details and Contacts
Trademark: PlatinumMed ™
Sole Proprietor: Herasymenko V.O., ID Code: 3870701564
Office Address: 65023, Ukraine, Odesa, Dvoryanska St. 7
IBAN: UA753348510000000026007272891 at PUMB Bank, Odesa
Phone: +380(50)568-12-46
Email: platinummedod@gmail.com
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