PUBLIC OFFER CONTRACT

Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement – the Buyer, on the other hand, hereinafter jointly referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of official public offers of the Seller to conclude a contract of sale of the Goods with the Buyers, the photos of which are posted in the relevant section of the Website mstnutrition.ua

Sellers who intend to sell the Goods through the mstnutrition.ua Website and Buyers who purchase the Goods whose images are posted on the relevant pages of mstnutrition.ua accept the terms of this Agreement as set forth below.

2. TERMS AND DEFINITIONS
“Public Offer Agreement” means a public agreement, a sample of which is posted on the Website mstnutrition.ua and the use of which is mandatory for all Sellers, containing the Seller’s offer to purchase the Goods, the image of which is posted on the Website mstnutrition.ua, sent to an indefinite number of persons, including buyers.
“Acceptance” – – acceptance by the Buyer of the Seller’s offer to purchase the Goods, the image of which is posted on the Website mstnutrition.ua by adding it to the virtual basket and sending the Order.
“Goods” – a trade item (product, model, accessory, components and related items, any other trade items), the purchase of which is posted on the Website mstnutrition.ua by the seller.
“Buyer” means any legally capable individual, legal entity, individual entrepreneur, in accordance with applicable international and Ukrainian law, who has visited the mstnutrition.ua Website and intends to purchase a particular Product.
“Seller” means any capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who owns or distributes the Goods and intends to sell them through the mstnutrition.ua Website.
“Order” – a duly executed and posted on the mstnutrition.ua Website application of the Buyer for the purchase of the Goods addressed to the Seller.
“Legislation” – the rules established by Ukrainian or international legislation for the regulation of contractual legal relations under the Agreement.
“Material defect

3. SUBJECT OF THE CONTRACT
3.1. The Seller undertakes to sell the Goods on the terms and in the manner specified in this Agreement on the basis of the Order placed by the Buyer on the relevant page of the mstnutrition.ua Website, and the Buyer undertakes to buy the Goods and pay for them on the terms and in the manner specified in this Agreement.
3.2. The Seller warrants that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and that there are no rights of third parties to them.
3.3 The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction or a transaction made under the influence of pressure or fraud.
3.4. The Seller confirms that it has all the necessary permits for conducting business activities that regulate the scope of legal relations arising and operating in the course of the execution of this Agreement, and also guarantees that it has the right to manufacture and/or sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer’s rights in the course of the execution of this Agreement and the sale of the Goods.

4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1 The Seller is obliged to:
o fulfill the terms of this Agreement
o fulfill the Buyer’s order in case of receipt of payment from the Buyer;
o transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the mstnutrition.ua Website, the placed order and the terms of this Agreement;
o check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse;
o notify the Buyer of a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this Agreement.
4.2. The Seller has the right to:
o unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.

5. Rights and obligations of the Buyer
5.1. The Buyer is obliged to:
o timely pay for and receive the order on the terms of this Agreement;
o familiarize themselves with the information about the Goods posted on the Website mstnutrition.ua

o upon receipt of the Goods from the person who delivered them, verify the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete completeness of the Goods, record them in the act, which, together with the Buyer, must be signed by the person who delivered it to the Buyer.
5.2. The Buyer has the right to:
o place an order on the corresponding page of the Website mstnutrition.ua
o to require the Seller to fulfill the terms of this Agreement;
o to be informed about possible additional fees when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.

6. TIPS FOR CHECKOUT
6.1. The Buyer independently places an order on the corresponding page of the mstnutrition.ua Website by adding the Goods to the virtual basket by clicking the “Add to Cart!” button or by placing an order by e-mail or by calling the phone number indicated in the contacts section of the mstnutrition. ua

6.2. The term of formation of the Order is up to 2 working days from the date of its execution. If the order is sent on a weekend or a holiday, the formation period starts from the first working day after the weekend.

7. CONTRACT PRICE AND PAYMENT PROCEDURE
7.1 The price of each individual Goods is determined by the Seller and is indicated on the corresponding page of the Website mstnutrition.ua The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or range of goods.
7.3. The Buyer may pay for the order in the following ways:
1) by bank transfer of money to the Seller’s current account specified in the invoice, including through Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) cash on delivery upon receipt of the Order at the representative office of the delivery service in Ukraine or in another country in accordance with the place of ordering the goods.
3) By credit card of the following type:
o Visa
o Visa Electron
o Mastercard
o Mastercard Electronic
o Maestro
4) in any other way as agreed with the Seller.
Note. When the Buyer pays for the order with a payment card, an additional commission may be charged by the issuer of this card, in particular, when the Buyer pays for the order with a payment card, an additional commission may be charged when the Buyer pays for European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. Clicking the “buy” button on the page of the Website mstnutrition.ua in the appropriate section means that the Seller has informed the Buyer about the possibility of charging an additional fee when the Buyer pays for European orders by Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card issuer.

8. TERMS OF DELIVERY OF GOODS
8.1 The Buyer receives the Goods by delivery or receives them personally. The procedure for payment and receipt is indicated on the corresponding page of the Website mstnutrition.ua

8.2. When delivering the Goods to other cities of Ukraine or on the territory of another country, performed by other Delivery Services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees to the Rules of carriage of goods by these carrier companies.
8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies shall be confirmed by the Buyer with his own signature in the consignment note, the declaration of the Carrier Company or in the expenditure invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid for by the Buyer, in a complete set according to the specification of the Goods and in proper (working) condition and quality.
The Buyer may clarify all questions arising in the process of payment and receipt of the Goods by contacting the contact details in the Contacts section.

9. TERMS OF RETURN OF GOODS
9.1. In accordance with Art. 9 of the Law of Ukraine “On Consumer Protection”, the Buyer has the right to exchange the Goods of good quality within fourteen days, excluding the day of purchase, unless a longer period is announced by the Seller. The Buyer has the right to exchange the Goods, subject to the provisions of the law on the grounds and list of Goods that are not subject to exchange (return).

10. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
10.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and applicable international and Ukrainian law.
10.2. In the event of disputes related to the Parties’ performance of this Agreement, except for disputes on debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. For disputes in connection with debt collection from the Buyer, compliance with the claim procedure is not required.
10.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those related to its performance, breach, termination or invalidity, shall be resolved in the appropriate court in accordance with international and Ukrainian substantive and procedural law.

11. FORCE MAJEURE CIRCUMSTANCES
11.1. Сторони не несуть відповідальності за невиконання будь-якого зі своїх зобов’язань, за винятком зобов’язань щодо оплати, якщо до