Basic concepts
Acceptance is full, unconditional and unconditional acceptance by the Visitor of the Website of the conditions in the form in which they are set forth in the text of this Offer.
Website Visitor is a natural person accessing the website.
Agreement of a public offer of purchase and sale (offer) (hereinafter – “Offer”) – a public offer of the Seller, addressed to an unspecified circle of persons, to conclude a contract of purchase and sale of goods with the Seller by remote method on the terms contained in this Offers.
User is a visitor to the Website who accepts the terms of the Offer and wants to place an Order on the Website.
Buyer – User who placed an Order on the Website for the purpose of purchasing goods for personal use.
Seller is A. V. Seniuk, registered as an individual entrepreneur, information about which is contained in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations (identification number 2960510135).
Website is an Internet resource https://www.fomie.com.ua
Product – dietary supplement “FOMI” and other products offered for sale on the Seller’s Website.
Order is a properly executed request of the Buyer for the purchase and delivery of Goods to the address specified by the Buyer.
1. Subject of the Offer
1.1. The Seller sells Goods in the online store located on the Website.
1.2. By ordering Goods through the Website, the User automatically agrees to the terms of sale of the Goods set out in the Offer. In case of disagreement, the User is obliged to stop using the Website.
1.3. The Seller has the right to unilaterally change the conditions of sale of goods and/or the Offer as a whole without prior notice to the User/Buyer.
1.4. The new edition of the Terms of Sale of Goods and/or the Offer shall enter into force from the moment of its publication on the Website.
1.5. Acceptance of this Offer comes into effect from the moment of confirmation of the Order by the Buyer, or after the Buyer receives confirmation from the Seller that the Order has been accepted for work in the manner specified on the Website.
2. Product and order of purchase
2.1. The seller ensures the availability of goods presented on the Website in his warehouses. Photographs accompanying the Products are for illustrative purposes only and may differ from the actual appearance of the product. The accompanying descriptions/functions of the Product are not exhaustive. To clarify information about the Goods, the Buyer can contact the Seller by sending a corresponding electronic message to the Seller’s e-mail address and/or to the phone number indicated on the Website.
2.2. If the Goods ordered by the Buyer are not available in the Seller’s warehouse, the Seller has the right to exclude the specified Goods from the Order/cancel the Buyer’s Order by notifying the Buyer by sending a corresponding electronic message to the Seller’s e-mail address specified on the Website.
2.3. In the case of providing inaccurate information by the Buyer, as a result of which the Seller is unable to fulfill its obligations to the Buyer, the Seller is released from responsibility for its obligations regarding such Order.
2.4. After placing the Order on the Website, the Seller informs the Buyer about the estimated delivery date by sending an e-mail to the e-mail address specified by the Buyer and/or to the phone number specified by the Buyer. The representative of the Buyer performing the service of the Order clarifies the details of the Order, agrees on the term and method of delivery, which depends on the availability of the ordered Goods in the Seller’s warehouse and the time required for the processing and delivery of the Order.
2.5. The Seller has the right to unilaterally change the delivery date of the Goods.
3. Delivery of the Order
3.1. Delivery of Orders is carried out by the postal operator “Nova Poshta” and “UkrPoshta” in the form of a shipment. The Seller can determine other courier services for the delivery of Orders. Delivery terms are agreed upon by the Buyer and the Seller’s representative upon confirmation of the Order.
3.2. The cost of services for delivery of Orders is not included in the price of the Goods and/or Orders and is paid separately by the Buyer directly to the postal operator/representative of the postal operator.
3.3. The territory of delivery of the Goods presented on the Website is not limited to the borders of Ukraine.
3.4. The Seller is not responsible for the work of the postal operator and delays in the delivery of the Goods due to unforeseen circumstances that are not the fault of the Seller.
3.5. The Order is sent to the name of the Buyer or a third party specified by the Buyer when placing the Order as the recipient (hereinafter the third party is referred to as the “Recipient”). If the Buyer or Recipient cannot receive the Order paid by cash, the Order can be delivered to a person who can provide information about the Order (shipment number and/or name of the recipient), as well as pay the cost of the Order in full to the person who makes the delivery Order. In case of impossibility of receiving the Order, which is fully paid, and impossibility to contact the Buyer or Recipient, the courier of the Seller and/or postal operator returns the Goods to the Seller’s warehouse. The Seller may charge an additional fee for re-delivery of the Goods to the Buyer.
3.6. The risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment the Goods are handed over to the Buyer or Recipient and/or the Buyer or Recipient signs the documents confirming the delivery of the Order.
3.7. The cost of delivery of each Order is calculated individually, based on the weight of the ordered Product, the region and the method of delivery at the last stage of placing the Order.
3.8. The Seller’s obligation to deliver the goods to the Buyer is considered fulfilled at the time of handing over the Order to the postal operator.
The order of delivery and opening of Orders containing Goods is determined by the current rules of the postal operator.
3.9. When accepting the Order from the postal operator, the Buyer or Recipient is obliged to inspect the delivered Goods and check it for compliance with the declared quality, assortment and completeness of the Goods, as well as to check the shelf life of the delivered Goods and the integrity of the packaging. In the absence of claims to the delivered Goods, the Recipient signs for receipt of the Order. The signature in the delivery documents indicates that the Buyer or Recipient has no claims to the Goods and the Order and that the Seller has fully and properly fulfilled its obligation to transfer the Goods.
3.10. The User understands and agrees that: delivery is a separate service that is not an integral part of the Goods purchased by the Buyer, the performance of which ends when the Buyer or Recipient receives the Order.
3.11. Claims regarding the quality of the purchased Product that arose after receiving and paying for the Product are considered in accordance with the Law of Ukraine “On the Protection of Consumer Rights” and the Seller’s warranty obligations. In this regard, the purchase of Goods with delivery does not give the Buyer the right to demand the delivery of the purchased Goods for the purpose of warranty service or replacement, does not give the opportunity to carry out warranty service or replacement of the Goods after leaving for the Buyer and does not imply the possibility of returning the cost of delivery of the Goods in cases, when the Buyer has the right to a refund for the Goods as such, in accordance with the Law of Ukraine “On the Protection of Consumer Rights” taking into account the provisions of Resolution of the CMU No. 172 of 19.03.1994 “On the Implementation of Certain Provisions of the Law of Ukraine “On the Protection of Consumer Rights”.
3.12. All goods purchased by the Buyer on the Website and sent outside of Ukraine may be subject to import taxes, duties, VAT and import restrictions in the country of receipt specified by the Buyer, the payment of which is the Buyer’s personal responsibility and their amount cannot be fully or partially compensated By the seller or calculated in advance on the Website.
4. Payment for the product
4.1. The price of the Product is indicated in hryvnias. In the case of placing an Order and subsequent shipment of the Goods outside of Ukraine, the price is indicated in the currency (US dollar or EURO).
4.1.1. The amount of the Order consists of the cost of the ordered Goods.
4.2. The price of the Product is indicated on the Website.
4.3. The price of the Product can be changed unilaterally by the Seller. At the same time, the price of the Goods ordered by the Buyer cannot be changed.
4.4. Payment for the Product is made online by redirecting the Buyer to the LiqPay payment service, where the Buyer can pay for the Order using Visa and Mastercard payment system cards.
4.5. The Seller has the right to establish a bonus program, the types of discounts, bonuses, the order and terms of calculation are indicated on the Website and may be changed by the Seller unilaterally.
5. Return of goods and funds
5.1. The Buyer has the right to refuse the received Goods and terminate the Sales Agreement within 14 calendar days from the date of receipt of the Goods, excluding the day of purchase, with the exception of Goods that are not subject to exchange and return in accordance with Resolution of the CMU No. 172 of 19.03.1994 “On implementation of certain provisions of the Law of Ukraine “On Protection of Consumer Rights” with changes and additions.
5.2. The goods to be returned, taking into account the provisions of clause 1 of section 5 of the Offer, must be with all seals, labels, packaging and not contain traces of use and/or consumption, sent by the Buyer to the address specified by the Seller (number of the branch of the postal operator).
5.3. Refunds are made by returning the value of the paid Goods to the bank card from which the payment was made, or by bank transfer, depending on how the payment for the Goods was made.
5.4. The warranty period for the Goods is set by the manufacturer and indicated on the label or label. The seller ensures proper application and use of the goods during the warranty period.
5.5. The Seller is not responsible for the defects of the Goods, if they arose after its transfer to the Buyer as a result of the Buyer’s violation of the rules for the use or storage of the goods, actions of third parties, or force majeure.
6. Liability
6.1. The Seller is not responsible for damage caused to the Buyer as a result of improper use of the Goods purchased through the Website.
6.2. The seller is not responsible for the content and functioning of external resources.
7. Privacy and protection of personal data
7.1. When registering on the Website or transferring the data of a specialist in working with Users by phone, the User provides the following data to the Seller: name, surname, e-mail address, date of birth, phone number and address for delivery of the Goods.
7.2. When returning the Product for transfer of funds by the Seller, the User provides passport data and bank card data. The Seller has the right to use this information to fulfill its obligations to the User. The Seller recognizes the importance of confidentiality of personal information provided by the User.
7.3. By providing his personal data to the Seller, the User agrees to their processing by the Seller, including for the fulfillment of his obligations to the User under this Offer, promotion of goods and services by the Seller by sending advertising and informational mailings, conducting electronic and SMS surveys, conducting contests and other promotions among Users, analyzing the results of marketing campaigns, supporting Users, conducting statistical studies, organizing the delivery of Orders, monitoring the satisfaction of Users with the quality of services provided by the Seller.
7.4. The processing of personal data means any action carried out with the use of automation tools or without the use of such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (including including transfer to third parties, including cross-border transfer, if the need for it arose in the course of fulfilling obligations), depersonalization, blocking, deletion, destruction of personal data.
7.5. The Seller has the right to process personal data, including by sending the User advertising correspondence to the specified postal address, making phone calls, sending SMS messages, messages through messengers, as well as sending advertising emails to the User’s email address.
7.6. The user can opt out of receiving newsletters, advertising and other information without explaining the reasons in one of the following ways:
7.6.1. The User can select the mailing options or refuse it on the Website;
7.6.1. The User can contact the Seller’s User Service by sending an appropriate email to the Seller’s email address specified on the Website or by contacting the User Support Service at the phone number specified on the Website.
7.7. The Seller undertakes not to disclose the information received from the User. It is not considered a violation for the Seller to provide information to agents and third parties acting on the basis of a contract with the Seller to fulfill obligations to the User. The Seller has the right to transfer the data to its employees and/or the employees of the contractor/subcontractor/agent without additional agreement with the User, while remaining responsible for the preservation of the data.
7.8. The seller has the right to use “cookies” technology. “Cookies” do not contain confidential information. The Website Visitor or User hereby consents to the collection, analysis and use of cookies, including by third parties for the purposes of generating statistics and optimizing advertising messages.
7.9. The seller receives information about the IP address of the visitor to the Website. This information is not used to identify the visitor.
7.10. The Seller has the right to record telephone conversations with the User. At the same time, the Seller undertakes to: prevent attempts to gain unauthorized access to information obtained during telephone conversations and/or transfer it to third parties who are not directly related to the fulfillment of Orders, in accordance with the Law of Ukraine “On the Protection of Personal Data”.
8. Additional conditions
8.1. The Seller has the right to assign or in any other way transfer his rights and obligations arising from his relationship with the Buyer to third parties.
8.2. The website and the services provided may be temporarily partially or completely unavailable due to preventive or other works, or for any other reasons of a technical nature. The Seller’s technical service has the right to periodically carry out the necessary preventive or other work with or without prior notice to the Buyers.
8.3. The provisions of the legislation of Ukraine apply to the relationship between the User/Buyer and the Seller.
8.4. In the event of questions and claims on the part of the User/Buyer, he should contact the Seller by phone indicated on the Website or by sending a corresponding electronic message to the Seller’s email address indicated on the Website.
8.5. The parties will try to resolve all disputes through negotiations. If the parties do not reach an agreement, the dispute may be referred to the court in accordance with the current legislation of Ukraine.
8.6. The invalidity of any provision of this Offer by a court shall not entail the invalidity of other provisions.
