PREAMBLE AND GENERAL PROVISIONS
This User Agreement (hereinafter referred to as the "Agreement" or "Public Offer") is an official and public offer of the online store "IND GEN", located at the web address https://flash-dev1.space (hereinafter referred to as the "Site" or "Online Store"), to conclude a contract for the retail sale of goods remotely, i.e., via the Internet, with any natural or legal person (hereinafter referred to as the "User" or "Buyer").
In accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and the Law of Ukraine "On Electronic Commerce", this document has the legal force of a contract. The use of the Site, registration on it, as well as placing an order, constitute the User's full, unconditional, and unreserved consent to all the terms of this Agreement (acceptance of the offer). If the User does not agree with at least one of the clauses of this Agreement, they must immediately cease using the Site.
Since the specific nature of the Site involves the sale of medical, prophylactic, and stimulating preparations, the use of the Site is permitted exclusively to persons who have reached the age of 18.
1. DEFINITIONS
For the purposes of this Agreement, the following terms are used in the following meanings:
2. MEDICAL DISCLAIMER (IMPORTANT!)
2.1. All information posted on the Site https://flash-dev1.space, including descriptions of preparations, articles, instructions, dosage recommendations, and reviews, is exclusively for informational and reference purposes and cannot replace a full-fledged face-to-face consultation with a qualified doctor.
-
The Site does not provide medical services, does not establish diagnoses, and does not prescribe treatment.
-
Before purchasing and using any preparation presented on the Site, the Buyer is obliged to consult a doctor (urologist, cardiologist, general practitioner, etc.) to identify possible contraindications.
-
The Buyer assumes full responsibility for the consequences of self-prescription and use of the purchased preparations. The Site Administration bears no responsibility for side effects, allergic reactions, deterioration of health, or the lack of an expected therapeutic effect.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to transfer the Product to the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Product under the terms defined by this Agreement.
3.2. This Agreement regulates the sale and purchase of goods in the Online Store, in particular:
- the voluntary choice by the Buyer of goods from the Site's catalog;
- independent placement of an order by the Buyer on the Site;
- payment by the Buyer for the order;
- processing and delivery of the order to the Buyer under 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 Site, subject to its availability in the Seller's warehouse.
4.2. An order can be placed by the Buyer independently through the Site interface (adding to the "Cart") or using the means of communication (phone, messengers) specified in the "Contacts" section.
4.3. When placing an Order, the Buyer is obliged to provide accurate information about themselves: full name, contact phone number, delivery address. The Seller is not responsible for any consequences arising from the Buyer providing inaccurate or incomplete information.
4.4. After placing an order on the Site, the Buyer is provided with information about the expected date of transferring the Order to the delivery service. The Online Store manager may contact the Buyer to clarify order details.
4.5. In the absence of the ordered Product in stock, the Seller has the right to cancel the order or offer the Buyer an alternative Product, notifying the Buyer by e-mail or phone.
5. PRODUCT PRICE AND PAYMENT PROCEDURE
5.1. Prices for Products are indicated on the Site in the national currency of Ukraine — hryvnia (UAH).
5.2. The Seller has the right to unilaterally change the price of any Product item. At the same time, the price of an Order already placed and confirmed by the Buyer is not subject to change.
5.3. Payment for the Order can be made in the following ways:
- cash on delivery upon receipt at the branch of the delivery service;
- transfer of funds to the Seller's bank card or account (prepayment);
- online payment by bank card through payment systems integrated on the Site.
5.4. The Buyer's obligations to pay for the Product are considered fulfilled from the moment funds are credited to the Seller's account or actual transfer of money to the courier/representative of the delivery service.
6. DELIVERY TERMS
6.1. Delivery of Products is carried out throughout the territory of Ukraine, with the exception of temporarily occupied territories and zones of active hostilities, using postal and logistics companies (for example, "Nova Poshta", "Ukrposhta").
6.2. The cost of delivery is calculated according to the tariffs of the selected transport company and is paid by the Buyer independently upon receipt of the Product, unless otherwise provided by the promotional offers of the Site.
6.3. Delivery times depend on the selected carrier and destination region, and usually range from 1 to 5 business days. The Seller is not responsible for delivery delays caused by the transport company.
6.4. Upon receipt of the Product, the Buyer is obliged to check the integrity of the packaging, quantity, assortment, and external appearance of the Product in the presence of a representative of the delivery service. In case of damage or non-compliance, the Buyer has the right to refuse receipt and draw up a corresponding claim report with the carrier.
7. RETURN AND EXCHANGE OF GOODS
7.1. In accordance with the Law of Ukraine "On Consumer Rights Protection" and the Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994, "On the Implementation of Certain Provisions of the Law of Ukraine 'On Consumer Rights Protection'", medicines, medical devices, and items of sanitary hygiene of proper quality are not subject to exchange or return.
7.2. Given the specifics of the assortment of the IND GEN online store, the Buyer does not have the right to return or exchange a purchased Product of proper quality after receiving it and opening the parcel.
7.3. Returns or exchanges are possible exclusively in cases where:
- The Buyer was sent a product that does not correspond to the Order (different name, different dosage);
- The Product has an expired shelf life at the time of receipt;
- The factory packaging of the Product (blister, bottle) was critically damaged prior to transfer to the delivery service (provided an act is drawn up upon receipt).
7.4. In the event of situations provided for in clause 7.3, the Buyer must contact the Site Administration within 24 hours of receiving the order, providing photo and video evidence.
8. PRIVACY AND PERSONAL DATA PROTECTION
8.1. By registering on the Site or placing an Order without registration, the User gives their consent to the collection, processing, storage, and use of their personal data in accordance with the Law of Ukraine "On Personal Data Protection".
8.2. The Seller collects the following personal data: full name, contact phone number, e-mail address, delivery address.
8.3. Personal data is used exclusively for the purposes of:
- processing and fulfilling Orders;
- communicating with the Buyer regarding the status of the Order;
- providing customer support;
- sending commercial offers and news (with the consent of the Buyer).
8.4. The Seller undertakes not to transfer personal data to third parties, except in cases provided for by the legislation of Ukraine, as well as cases where it is necessary to fulfill the Order (for example, transferring data to delivery services).
8.5. The specifics of the Site involve complete anonymity and confidentiality of orders. Parcels are packed in opaque materials without marking the contents, which guarantees the preservation of the Buyer's privacy.
9. RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1. Obligations of the Seller:
-
To fulfill the terms of this Agreement.
-
To transfer the Product to the Buyer in accordance with the selected sample on the Site, the placed Order, and the terms of this Agreement.
-
To ensure proper packaging and confidentiality of the shipment.
-
Not to disclose information about the Buyer and their Order to unauthorized persons.
9.2. Rights of the Seller:
-
To unilaterally suspend the provision of services under this Agreement in case the Buyer violates the terms of this Agreement.
-
To make changes to this Agreement, Product prices, and service tariffs without prior notice.
-
To refuse service to persons who have not reached the age of 18.
9.3. Obligations of the Buyer:
-
Prior to concluding the Agreement, to familiarize themselves with its content, payment, and delivery terms on the Site.
-
To provide accurate data necessary to fulfill the Order.
-
To pay for and accept the Product within the specified timeframes.
-
To consult a doctor before using the purchased preparations.
10. FORCE MAJEURE
10.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under this Agreement if this occurred as a result of force majeure circumstances that arose after the conclusion of the Agreement and which the Parties could not foresee or prevent.
10.2. Force majeure circumstances include: military actions (declared and undeclared), armed conflicts, the introduction of martial law or a state of emergency, terrorist acts, epidemics, pandemics, natural disasters, fires, failures in telecommunication networks, power outages (blackouts), acts of government bodies, etc.
10.3. A Party for which it has become impossible to fulfill its obligations must notify the other Party of the occurrence of such circumstances within 5 (five) days.
11. INTELLECTUAL PROPERTY
11.1. All objects posted on the Site, including design elements, text, graphic images, illustrations, videos, scripts, programs, and other objects (hereinafter referred to as Content), are objects of exclusive rights of the Site Administration and other right holders.
11.2. The use of Content is possible only within the framework of the functionality offered by the Site. No elements of the Site's content may be used in any other way (copied, distributed, published) without the prior permission of the right holder.
12. DISPUTE RESOLUTION
12.1. All disputes and disagreements arising between the Parties in connection with the execution of this Agreement shall be resolved through negotiations.
12.2. If it is impossible to resolve the dispute through negotiations, it shall be considered in court in accordance with the current legislation of Ukraine.
13. FINAL PROVISIONS
13.1. The IND GEN online store reserves the right to make changes to this Agreement unilaterally without prior notice. The new version of the Agreement comes into force from the moment it is published on the Site.
13.2. The User is responsible for regularly familiarizing themselves with the current version of the Agreement.
13.3. If any provision of this Agreement is found to be invalid or unenforceable, this does not affect the validity of the other provisions of the Agreement.
Approved by: Administration of the IND GEN online store Contact email for inquiries: admin@flash-dev1.space
