1. General provisions and scope
1.1. This document is the open official offer (the “Offer”) of FOP Herasymenko V.O., tax ID 3870701564 (the “Provider”), addressed to an unlimited group of persons (sole traders, legal entities and individuals with legal capacity) to conclude a commission and/or distance sale-and-purchase agreement in the online shop (the “Agreement”) on the terms published on the official site https://platinummed.eu/ (the “Site”).
1.2. Under art. 628(2) of the Civil Code of Ukraine this is a mixed agreement combining a public distance sale-and-purchase offer (arts. 633, 638, 641, 642) with a public commission offer for selling goods in the online shop (arts. 1011–1028).
1.3. On accepting these terms, any individual with legal capacity, sole trader or legal entity becomes a customer under the Agreement (the “User”) and undertakes to comply with it.
1.4. The Offer takes effect when it is published at https://platinummed.eu/ and remains in force until the Provider withdraws it.
1.5. Under art. 642 of the Civil Code of Ukraine, acceptance occurs on any interaction with the Site — registering, placing an order, making a payment or otherwise using its services. Any such interaction means the User has read, understood and unreservedly accepted this Agreement in full, and the Agreement is thereby concluded.
1.6. The parties agree that the Agreement is concluded at the Provider's location.
2. Definitions
In this Agreement, unless the context requires otherwise, the following terms have these meanings:
- “Online shop” — as defined by the Law of Ukraine “On Electronic Commerce”, a means of selling goods or services through an electronic sale-and-purchase transaction.
- “Site” — the online shop's software at https://www.platinummed.eu/, whose services Users access through a personal account over the internet.
- “Site administration” — the people the Provider has duly authorised to run the online service and serve the shop's Users.
- “Personal account” — the User's electronic account with a unique ID inside the Site's system.
- “Registration” — filling in the Site's forms so the Provider can create the account and give access to the Site's services.
- “Goods” — the cosmeceutical and medical products, accessories, components and related items listed in the online shop.
- “Provider”, “Commission agent” — FOP Herasymenko V.O. or their authorised representative, who sells the Goods in the shop in their own name but on the Principal's (Seller's) behalf and account, for a commission.
- “User” — the Seller or the Buyer of goods listed in the online shop.
- “Seller”, “Principal” — the person who has instructed the Provider to sell their goods in the shop on these terms.
- “Buyer” — the person who buys goods listed in the shop on these terms.
- “Partner” — a wholesale Buyer purchasing under these terms.
- “Medic” — a Buyer who is a medical or cosmetology professional, or a clinic, purchasing under these terms.
- “Order” — the selection of individual items from the product list for purchase.
- “Security payment” — money the User transfers to the Provider's bank account; it appears on the User's balance and, under art. 546(2) of the Civil Code of Ukraine, secures performance of their monetary obligations.
- “Balance” — the User's account balance and the information about it.
Where a term is not unambiguously defined here, the meaning given by Ukrainian law and by the Site applies.
3. Subject matter
3.1. The Provider (commission agent) undertakes, on the Seller's (Principal's) instruction, for a commission, in its own name and on the Seller's account, to sell the Seller's Goods in the online shop and transfer them into the Buyer's ownership; the Buyer undertakes to pay for and accept the Goods. The Provider accepts the Buyer's payment and passes it to the Seller, and the Seller pays the Provider the commission on the terms of this Agreement.
3.2. The selling price of the Goods is set by the Provider on the Site.
3.3. The Provider transfers to the Seller all money received from sales during a reporting month by the 10th day of the following month.
3.4. The Seller pays the commission for a reporting month by the 15th day of the following month.
3.5. The commission rate is agreed between the Seller and the Provider in a separate document.
3.6. This Agreement governs buying and selling in the online shop, in particular:
- the Buyer's free choice of goods in the shop;
- the Buyer placing the order themselves;
- the Buyer paying for the order;
- processing and delivering the order into the Buyer's ownership on these terms.
4. Placing an order
4.1. The Buyer may order any product listed on the Site and in stock.
4.2. Any quantity of each item may be ordered.
4.3. If an item is out of stock, a manager must inform the Buyer by phone or another electronic channel.
4.4. In that case the Buyer may take an equivalent, drop the item, or cancel the order.
5. Payment
5.1. Cash on delivery
5.1.1. Payment is made in cash, in hryvnia, when the goods are collected from the carrier's branch.
5.2. Prepayment
5.2.1. Payment goes through the payment system on the Site, or to the bank details the manager gives when confirming the order, or those published on the Site.
5.2.2. If no payment arrives, the shop may cancel the order.
5.2.3. If payment has not arrived within two working days of the order being confirmed, the shop may cancel it.
5.2.4. An electronic receipt is issued on request within one working day of the money reaching the account.
6. Delivery
6.1. Orders are delivered to the carriers' depots, where they are handed over.
7. Rights and obligations
7.1. The Provider may unilaterally stop providing services if the User breaches this Agreement.
7.2. The Provider undertakes to:
- hand over the goods in line with this Agreement and the User's order;
- answer the User's enquiries;
- keep the User's private information confidential and not give third parties access to it, except as the law requires and as fulfilling the order needs.
7.3. The Buyer may:
- place an order in the shop;
- conclude an electronic agreement;
- send the Provider enquiries and receive answers;
- require the Provider to perform this Agreement.
7.4. The User undertakes to:
- read the Agreement, its terms and the prices on the Site before concluding it;
- provide the registration information required — in particular when ordering medical products whose sale is restricted to medical professionals and clinics;
- give all the details that identify them as the User and are enough to deliver the order.
8. Liability
8.1. The parties are liable for failure to perform or improper performance as provided by this Agreement and Ukrainian law.
8.2. The Provider is not liable for:
- a change of the product's appearance made by the manufacturer;
- minor colour differences caused solely by how particular monitors or phone screens reproduce colour;
- the content and truthfulness of the information the User supplies when ordering;
- delays and interruptions in the service caused by circumstances outside its control;
- unlawful acts committed by the User via their internet access;
- the User passing their network identifiers — IP, MAC address, username and password — to third parties.
8.3. The User alone is liable for harm caused by their actions — personally, even where someone else was using their login — to people or their property, to companies, to the state or to public morals.
8.4. Force majeure releases the parties from performance. Force majeure means extraordinary, unforeseeable events that prevent or objectively obstruct performance and that the parties could not have foreseen or reasonably averted.
8.5. The parties will make every effort to settle any disagreement by negotiation.
9. Returning goods of proper quality
9.1. Returns are handled in accordance with Ukrainian law.
9.2. The Buyer may return goods of proper quality that do not suit them in shape, size, style or colour, or cannot be used as intended, within 14 days not counting the day of purchase — provided the goods are unused and their presentation, properties, packaging, seals and labels are intact, together with the payment document. The list of non-returnable goods is set by the Cabinet of Ministers of Ukraine.
9.3. The price is refunded within 30 calendar days of the Provider receiving the returned goods, subject to compliance with Ukrainian law.
9.4. Refunds are made by bank transfer to the Buyer's account.
9.5. The Buyer bears the cost of returning goods of proper quality; the Provider does not reimburse it.
9.6. If defects appear within the warranty period, the Buyer may bring the claims provided by the Law of Ukraine “On Consumer Rights Protection”, in the manner and within the time limits the law sets. Where free repair is demanded, the repair period runs from the date the Provider takes physical possession of the goods.
9.7. Such claims are considered once the Buyer supplies the documents Ukrainian law requires. The Provider is not answerable for defects arising after handover through the Buyer's misuse or improper storage, the acts of third parties, or force majeure.
9.8. The Buyer may not return goods of proper quality made to individual specification and usable only by the Buyer who ordered them (non-standard sizes, characteristics, appearance or configuration). The proof that goods are individually specified is that their dimensions or other characteristics differ from those listed in the shop.
10. Other terms
10.1. The Provider may amend this Agreement unilaterally, provided the new version is published on the Site first.
10.2. The online shop exists to sell goods remotely over the internet.
10.3. The User is responsible for the accuracy of the information given when ordering. By accepting this Agreement they give the Provider unreserved consent to collect, process, store and use their personal data within the meaning of the Law of Ukraine “On Personal Data Protection”.
10.4. The date of the electronic transaction is the date the terms are accepted, under art. 11 of the Law of Ukraine “On Electronic Commerce”.
10.5. The information the User provides is confidential. The Site administration uses it only to process the order, send notifications, deliver the goods and settle payments.
10.6. The User agrees that the Site administration may pass personal data to third parties — couriers, postal organisations, telecom operators and others — in order to provide the services and fulfil the requests placed on the Site under this Agreement.
10.7. Disputes are to be settled by negotiation. Any dispute, disagreement or claim arising out of this Agreement or relating to its performance, breach, termination or invalidity that cannot be settled that way is resolved under Ukrainian law.
10.8. This Agreement is governed by and construed under the law of Ukraine. Matters it does not cover are resolved under Ukrainian law, and all disputes arising from the relations it governs are settled in the manner Ukrainian law prescribes.
11. Term
11.1. The electronic agreement is concluded when the party that sent the proposal receives acceptance in the manner set out in art. 11(6) of the Law of Ukraine “On Electronic Commerce”.
11.2. Before it expires, the Agreement may be terminated by mutual consent up until the goods are actually delivered, by refunding the money.
11.3. Either party may terminate unilaterally where the other fails to perform, and in the cases Ukrainian law provides for.
Company details
- Trademark: PlatinumMed ™
- FOP Herasymenko V.O., tax ID 3870701564
- Office: 7 Dvorianska St., Odesa 65023, Ukraine
- IBAN: UA753348510000000026007272891, PUMB Bank, Odesa
- Phone: +380 (50) 568-12-46
- Email: platinummedod@gmail.com