Terms of Use / Public Offer

Terms of Use for ONE TEA TREE Website

 

Dear User! You are on the Website of the online store www.oneteatree.co (hereinafter referred to as the «Website»), owned and operated by Holovko Yelyzaveta, registered at 17h Koltsova Boulevard, apt. 87, Kyiv, 03194, Ukraine, tax identification number 3619910166, date and the number of the records in the Unified State Register as of June 07, 2023, 2 010 350 0000 00325417 (hereinafter — «We», «Our», «Seller»).

Please read these Website Terms of Use (hereinafter referred to as «Terms») carefully and thoroughly before using the Website. If You do not agree with the Terms, please stop visiting the Website immediately.

By accessing and/or using the Website, You (hereinafter — «User», «You», «Your», «Buyer») confirm that You have read, understood, and agreed to these Terms.

Using the Website with the User’s device, the User can access Our Website and the services it provides in relation to the offer of Goods (tea, teaware, tea accessories, and/or any others) for purchase and delivery, reading informative articles, and similar or related or other activities that may be available.

 

1. DEFINITION OF TERMS

 

1.1. «Seller» is the ONE TEA TREE online store, or another business entity (a legal entity or an individual entrepreneur), such as:

Holovko Yelyzaveta

1.2. «Buyer» is an individual or a Website User who has accepted the terms of the Offer (the person who accepted the Offer) as specified by the Offer, which is an Annex to these Terms.

1.3. «Parties» — Seller and Buyer (for the Public Offer) when referred to jointly, «Party» — when referred to separately.

1.4. «Offer» — ONE TEA TREE’s Public Offer, which is an Annex to these Terms.

1.5. «Website» is a set of pages accessed through a web browser and software modules united by a single management system, located on the Internet at the address www.oneteatree.co, and intended to provide information and the option to place the Buyer’s orders on the basis of this Agreement.

1.6. «Goods» is food, non-food, and/or other products, as well as information published on the Website for Users’ option of Goods’ reviewing and ordering. Information regarding Goods may include price, name, description, and other characteristics. The Goods may also be accompanied by its image. The color range of the Goods and other characteristics of the Goods vision/display in the images on the Website may differ from the original Goods due to different color rendering of the equipment or device used by the User to order the Goods, as well as due to other similar reasons. The Goods may be presented in the images in different quantities and completeness, with other items that are not the Goods and are not included in Goods, etc., for the convenience of the Goods’ review by the User.

1.7. «Order Web Page» means the page accessed after clicking the «Order» button (or with other similar wording as may be available) and which is intended for the location of information regarding the Goods (name, assortment, quantity, and price for the Goods, and as well as other details if necessary) before placing the Order.

1.8. «Order» is a properly executed request of the Buyer to purchase Good(s). The Order may also include a request for delivery to the address specified by the Buyer under the terms of the Offer.

1.9. «Carrier» is a legal entity, an individual, or an entrepreneur, who has undertaken, under the Offer, to deliver the Goods to the destination specified by the Buyer in the Order.

1.10. «Content» — intellectual property objects published on the Website in an electronic (digital) or other available formats, which includes text, images, audio, and any other files intended for use by the User for personal purposes, taking into account compliance with the purposes of the Website by browsing on the User’s equipment or device to ensure the right to information in accordance with par. 1 of Art. 6 of the Law of Ukraine «On Consumer’s Rights Protection».

1.11. The provisions of these Terms may contain other terms, the definition of which will be provided in the context, as appropriate.

 

2. SUBJECT OF AGREEMENT

 

2.1. These Terms are an agreement of adhesion within the meaning of Art. 634 of the Civil Code of Ukraine. We determine its terms at Our discretion, and the agreement itself can be concluded only by the other party (the User) joining in the proposed agreement as a whole when using the Website. The User cannot offer its own terms of the agreement or change the stated terms thereof.

2.2. The terms of the ONE TEA TREE Public Offer are set out in Annex 1 to these Terms and are an integral part thereof. The Offer determines the terms of sale of the Goods and/or placing the Orders for the Goods on the Website.

2.3. These Terms regulate the procedure for using the Website, accessing its functionality, as well as the Goods sold by Us on this Website, which may include: registration on the Website, viewing and placing the Orders for Goods available on the Website, and use of other services available on the Website.

2.4. The User undertakes not to use the Website for any illegal purposes, as well as not to violate the current laws of Ukraine and other applicable laws.

2.5. These Website’s Terms of Use, the Offer, and Our Privacy Policy, accessed via the link http://203.34.137.85/en/privacy-policy/ («Policy»), constitute an entire agreement («Agreement») between You and Us regarding the subject matter of this Agreement. These Terms shall be read and interpreted in conjunction with Our Privacy Policy. The User is recommended to use the Website only upon reviewing/examination of the Terms of Use and Privacy Policy. The User’s acceptance of the Agreement is confirmed, among others, by ticking/inserting appropriate buttons for the reviewing/examination and acceptance of the Terms and the Policy, and/or as otherwise prescribed hereunder.

 

3. CONSENT TO THE TERMS

 

3.1. The Agreement between You and Us is considered concluded by acceptance of all its terms. Acceptance is given by the User taking any conclusive actions aimed at using the Website, registering the User’s personal account, and/or placing an Order for Goods, which may include:

  • 3.1.1. continuing to visit and use the Website and not leaving the Website after reading the Terms;
  • 3.1.2. transition to any Website pages, hyperlinks on the Website;
  • 3.1.3. the use of the «Order» button (or such other wording as may be available) on the Website;
  • 3.1.4. entering any personal or other data into the Order form;
  • 3.1.5. any other interaction with the Website.

 

4. INFORMATION POSTED ON THE WEBSITE

 

4.1. The Website may contain the following information:

  • 4.1.1. information about Us, and links to Our social networks;
  • 4.1.2. list and description of the Goods that We sell;
  • 4.1.3. contact information, feedback methods;
  • 4.1.4. any other information that We decide to publish on the Website.

4.2. The information published on the Website is «as is» and may contain technical or typographical inaccuracies, errors, etc.; therefore, We do not warrant the accuracy of the published information, do not provide any representations, assurances, or guarantees regarding such information or its quality, and Users should not make any decisions based solely on the information published on the Website.

4.3. Any information published on the Website may be relevant only at the time of its publication and may not be valid at the time of further use of the Website and at any other time.

 

5. CREATION OF USER PERSONAL ACCOUNT AND LOGGING INTO THE SYSTEM; PERSONAL ACCOUNT DELETION

 

5.1. To access and use certain sections and functionality of the Website, You must first register (create a personal account) on the Website. Registration (creation of a personal account) is optional, and the Order of the Goods can be proceeded without one. Users without a personal account may have access to all Website functionalities except for viewing Order history and changing credentials, such as payment addresses, delivery addresses, basic User details, and/or other functions.

5.2. To register and create a personal account on the Website, You need to enter Your User name (login), email, first and last name, and/or other data specified in Our Policy and/or available on the Website, and also set a login password. You can also register/connect with Your Google or Facebook account if available on the Website. Creation of a personal account can proceed through the appropriate section or button on the Website, during the payment of the Order on the page of entering the User’s details for delivery, or in another way, available on the Website.

5.3. The information You provide Us when registering and creating a personal account on the Website and the subsequent use of such account or the Website must be accurate, up-to-date, and complete. You are responsible for maintaining the confidentiality of Your login credentials.

5.4. By registering and creating a personal account on the Website, the User represents and warrants that the User has all the rights, legal capacity, and authority and is fully competent to enter into these Terms and comply with them.

5.5. After registration, You can log in to Your personal account on the Website using the email/phone number and password, or other credentials You specified during registration.

5.6. If You have lost Your personal account password, You can recover it provided that You have access to the email address/phone number used for registration, through the button «Lost Your password?» (or other similar wording as may be available) on the Website or by contacting the customer service at hi@oneteatree.co.

5.7. By registering on the Website, You agree to receive from time to time notifications regarding the completed/paid Order(s), electronic checks, receipts, invoices, messages, and materials from Us, to which You can give Us consent to receive, unless You have indicated otherwise. Consent to receive advertising newsletters and materials is given by the User by clicking on the «I agree to receive advertising newsletters» button (or with other similar available wording).

5.8. We reasonably strive to implement the option of deleting the User’s personal account by them at any time. Currently, the User can delete their personal account at any time by sending a request to Our email at hi@oneteatree.co. At the same time, these Terms remain in force upon the deletion of the User’s account.

5.9. We will delete all information about Your personal account, except for the minimum necessary to comply with and fulfill obligations under applicable law.

 

6. STANDARDS OF BEHAVIOR

 

6.1. The User is responsible for all actions taken on the Website and agrees to use the Website in accordance with these Terms, and also not to provide Us with the following information:

  • 6.1.1. false, inaccurate, or otherwise misleading, harmful, illegal, threatening, abusive, defamatory, obscene, or that would constitute or encourage criminal conduct, give rise to civil liability, or violate any other applicable law, regulation, and/or statute;
  • 6.1.2. that violates the intellectual property rights of others, including, without limitation, copyright, trademark, industrial design, patent, trade secret, or information or materials that violate the privacy, confidentiality rights of others, or other information protected by law;
  • 6.1.3. any promotional materials without Our prior written consent, including any undesired emails, spam, fraud emails, or any other similar solicitation.

6.2. The User is obliged to use the Website in accordance with its purpose, namely — to review the materials published on the Website and/or purchase the Goods available on the Website, as well as for other services and functions available on the Website. Any other illegal, unauthorized use of the Website by the User is a violation of the Terms, and such User will be liable in accordance with the laws of Ukraine and any other applicable laws.

6.3. The User, in particular, undertakes to avoid the following actions (We define them as prohibited):

  • 6.3.1. to violate these Terms and the laws of Ukraine and the laws of other countries, if applicable;
  • 6.3.2. to commit fraud acts;
  • 6.3.3. to damage any web pages of the Website, to make changes to any materials of the Website, to take other actions aimed at unauthorized access to the Website or the Website code;
  • 6.3.4. to infringe any intellectual property rights (including, without limitation, copyrights, trademarks, and broadcasting rights) or other rights of Ours or any third party that may be published on Our Website;
  • 6.3.5. to copy, modify, create derivative works, download, adapt, rework, transfer to other services, translate, compile, decompile, or disassemble the Website, any part of it, or any services or information/Content presented/available on the Website, to use the Website code, to take other actions regarding the Website code or other services available on the Website;
  • 6.3.6. to use the Website and/or services available on the Website on any device that the User does not legally control;
  • 6.3.7. to degrade Our reputation or business, to take other actions that adversely affect/may affect Us;
  • 6.3.8. to impersonate another person;
  • 6.3.9. to use bots, to bypass security programs, to overload the Website, to carry out attacks on the Website, to commit other actions that may be considered cybercrimes, to limit or prevent any other User from using the Website;
  • 6.3.10. to investigate, scan, or test the vulnerability of the Website or any system or network connected to the Website;
  • 6.3.11. to take any action that unreasonably or disproportionately loads the infrastructure of the Website or systems or networks connected to the Website, or otherwise interferes with or disrupts the operation of the Website or the servers or networks on which it is located or that make it available, or violates any requirements, procedures, policies, or rules of such servers or networks;
  • 6.3.12. in any other way to interfere with the normal operation of the Website services, to use programs that may be intended for damage, malicious interference, secret interception, or expropriation of any system, data, or personal information in connection with the Website;
  • 6.3.13. to take any action contrary to any specific rule or requirement that We establish in relation to the Website and/or a certain part of the Website.

 

7. AMENDMENTS TO THE WEBSITE AND TERMS

 

7.1. We reserve the right, temporarily or permanently, to modify, suspend, or completely terminate the operation of the Website or to limit access to the Website (or any part thereof and/or the relevant functions and/or Content) without prior notice, at Our sole discretion, at any time and for any reason (including, but not limited to, maintenance and updates at Our sole discretion). We may, but are under no obligation to, adjust, add, or remove any particular functions or Content. We shall not be held liable to the User or any other person for any modification, suspension, or termination of the Website, any part of it, its functionality, and/or Content.

7.2. From time to time, at Our sole discretion, for any reason and without any liability to the User or any other person We may supplement or amend these Terms and require the User to agree to additional and/or amended provisions and terms («Revised Terms») to continue using the Website. The Revised Terms commence from the moment they are published on the Website.

7.3. In case any amendments to these Terms are adopted, the User must accept the Revised Terms in order to access certain sections of the Website, use certain functions, web pages of the Website, etc. Continued access to the use of the Website and/or taking the actions specified in Section 3 of these Terms will be deemed as Your agreement with/consent to the Revised Terms.

7.4. The User agrees that it shall be responsible for tracking amendments and updates on the Website. We do Our best to post any new information regarding amendments to these Terms, but the User should on its own check the Terms for amendments and updates when accessing the Website. In any case, the User is obliged to comply with amendments to this Agreement from the moment of their introduction and publication.

7.5. We are not responsible for interruptions in access to the Website, caused by failures in the operation of servers, routers, networks, etc. of third-party data centers or Internet providers («Providers») of the User or a specific Provider selected by the User, or communication problems caused by it.

 

8. WEBSITE CONTENT

 

8.1. Any Content, including, but not limited to, literature and works of art published on the Website, computer programs (in particular, but not exclusively, Website code), databases, other works within the meaning of the Civil Code of Ukraine, the Law of Ukraine «On Copyright and Related Rights» and other acts in the field of copyright, other functions, functionality (including, but not limited to, all information, text, images, video, audio, as well as their design, selection, and location), materials, processes, procedures, methods, techniques, trademarks, and any other content, as well as any other objects under applicable law, are owned by Us and/or licensed to Us. All trademarks, service marks, trade names, and other proprietary identifiers are owned by Us and/or licensed to Us. All rights reserved.

8.2. The User acknowledges, understands, and agrees that We retain all rights and title to the Content, except for personal data, which is regulated by the Privacy Policy. These Terms grant You a limited, worldwide, non-exclusive, non-transferable right to access and use the features of the Website solely for the purposes of the Website.

8.3. The User or any other person is not granted any right to Our Content, including its use, except as expressly established in these Terms and/or separate agreements with Us.

8.4. Any unauthorized, improper use of the Website and/or Content, including Website content, which violates these Terms, Content copyright, including, but not limited to, copying of Website code, Website design, images of the Goods(s) and/or its/their packaging, published on the Website, articles and/or other text publications, the content of video records and/or the video records themselves, is prohibited. The use of articles published on the Website is allowed only with a link to Our Website and in compliance with the requirements regarding their lawful use.

8.5. Unauthorized use of any trademarks, service marks, brand names, including their reproduction, imitation, use, including misleading use, is prohibited in accordance with the Terms and the Law of Ukraine «On Protection of Rights to Trademarks and Service Marks», as well as other laws of Ukraine and laws of other countries, if applicable.

8.6. If the User violates the requirements of this Section, We may immediately terminate access to the Website. In case of violation of the requirements of this Section, the User shall be responsible in accordance with the laws of Ukraine and the laws of other countries, if applicable.

8.7. If the User is willing to use any material for other purposes not provided for in these Terms, such use is possible only upon receipt of prior written permission from Us at the User’s request. Such a request with all details should be sent to hi@oneteatree.co.

8.8. The Content and/or information materials on the Website are of a reference nature and may differ due to different color rendering by personal computers, monitors, or its models and/or browser settings, computer, mobile device, and other technical equipment of the User through which they access the Website, as well as for other similar reasons. We hereby disclaim any representations or warranties regarding the Content or information or any other materials on the Website and shall not be held liable for such differences or for any damages or other consequences arising out of or related to such differences.

 

9. PRIVACY POLICY

 

9.1. We do not collect personal data of Users, except those specified in Our Privacy Policy, available at the link http://203.34.137.85/en/privacy-policy/.

9.2. We reserve the right to make changes to the Policy at any time, therefore We recommend You to review it and make sure that You have carefully read the provisions of the current version of the Privacy Policy at the link http://203.34.137.85/en/privacy-policy/.

 

10. CONFIDENTIAL INFORMATION

 

10.1. Certain information published on the Website may be considered Our Confidential Information. The term «Confidential Information» refers to all information marked as confidential or reasonably believed to be confidential by its nature, content, or the circumstances under which it is provided, including but not limited to certain non-public business, product, technology, and marketing information, information regarding Our representatives, agents, employees, information regarding security procedures and systems that We use, information regarding Our partners and all and any other of Our internal, non-public information.

10.2. The User acknowledges that the only circumstances in which it may use or disclose Our Confidential Information without Our prior written consent are as expressly provided in these Terms and applicable law. Such Confidential Information constitutes a trade secret and its unfair use is prohibited in accordance with Chapter 46 of the Civil Code of Ukraine and other applicable law. The User undertakes to return or destroy all of Our Confidential Information in its possession at Our request and to cease its further use.

 

11. THIRD PARTY SERVICES

 

11.1. We may post links on the Website to websites, applications, or other products or services of third parties (the «Third Party Services»). For example, establish hyperlinks to pages in third-party social networks, quote information from third-party websites with a hyperlink to the source, or use other services to post materials.

11.2. Such Third Party Services are provided for the User’s convenience. We are not responsible for the content of Third Party Services and the collection or use of the information regarding their users, and You access such Third Party Services at Your own risk.

11.3. We do not endorse, monitor, or have any control over Third Party Services, which have separate terms of use, privacy policies, and Cookie policies. Before using the Third Party Services, the User must review their respective terms and policies.

11.4. The Website may provide You with an option to pay for the Goods through a third-party payment system. Processing of payments made through such third-party payment systems is governed by their terms of service, privacy policy, and other applicable terms and policies.

11.5. We do not control and are not responsible for the security or performance of third-party payment systems available on the Website. Before using third-party payment systems available on the Website, the User must read their terms of service, privacy policy, and other applicable terms and policies.

11.6. We reserve the right to correct or instruct such third-party payment systems to correct any errors or inaccuracies, even if payment has already been made or received.

 

12. LIMITATION OF LIABILITY

 

12.1. We strive to make the use of the Website convenient. However, We do not bear any liability for Your usage of the Website.

12.2. To the maximum extent permitted by applicable law, under no circumstances, whether in tort, contract, strict liability, or otherwise, shall We or any of Our employees, agents, vendors, or suppliers be liable to You or any third party for any personal injury, including death, or for any direct, indirect, special, incidental, or consequential damages of any nature arising out of or in connection with the use or inability to use the Website, including without limitation, profits losses, business reputation losses, loss of data, interruption of work, accuracy of results, or failure or malfunction of a computer or other device.

12.3. To the extent We may not, as a matter of applicable law, disclaim any implied warranty or limit liability, the scope and duration of such warranty and the scope of Our liability will be the minimum permitted under such applicable law.

12.4. USE OF THE WEBSITE AND THE GOODS AVAILABLE ON THE WEBSITE ARE NOT REPRESENTED AS UNINTERRUPTED OR SECURED. THE USER ACKNOWLEDGES THAT ALL RISKS TO SECURITY, PRIVACY, AND CONFIDENTIALITY CANNOT BE COMPLETELY ELIMINATED. In this regard, We shall not be held liable to the User or other person for any loss or damage arising from or in connection with the disruptions or safety of using the Website and Goods available on the Website.

12.5. WE ARE NOT RESPONSIBLE FOR USERS’ PERSON VERIFICATION.

12.6. WE ARE NOT RESPONSIBLE FOR ANY USER INFORMATION UPLOADED TO THE WEBSITE (IN AN APPLICATION, FORM, OR OTHERWISE).

12.7. WE ARE NOT RESPONSIBLE FOR THE USE OF THIRD PARTIES SERVICES.

12.8. WE DO NOT WARRANT THAT:

  • 12.8.1. THE WEBSITE WILL BE COMPATIBLE WITH YOUR DEVICE, COMPUTER, AND RELATED HARDWARE AND SOFTWARE;
  • 12.8.2. THE WEBSITE WILL BE AVAILABLE OR OPERATING UNINTERRUPTED, ERROR-FREE AND THAT ANY ERRORS WILL BE CORRECTED;
  • 12.8.3. THE INFORMATION AVAILABLE ON THE WEBSITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
  • 12.8.4. THE INFORMATION ON THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES;
  • 12.8.5. ANY USER INFORMATION WILL BE STORED BY US.

12.9. The User agrees to use the Website with all reasonable security measures.

12.10. Information on the Website is provided in Ukrainian and English, all other versions of the Website in other languages are translations for the convenience of Users. The Website may not be available in all languages and/or in all countries/territories, and We make no representation that the functionality of the Website will be appropriate, accurate, or available for use in any language or in any particular location.

12.11. Your use of any part of the Website is at Your own discretion and risk. WE CANNOT AND SHALL NOT BE RESPONSIBLE FOR ANY USER ACTIVITY ON THE WEBSITE.

12.12. The User understands that any Website can be subject to virus attacks, distortion of information, and other cases beyond Our control.

12.13. The User willingly waives any claims against Us, as well as the filing of lawsuits in connection with the use of the Website. The User agrees not to claim equitable relief, compensation, or remedies for any damages or losses in connection with the use of the Website.

 

13. INDEMNIFICATION

 

13.1. You agree to indemnify, defend, and hold Us, including Our employees, agents, subcontractors, licensors, suppliers, and other related parties, harmless from any claim, action or demand, loss, damage, liability, judgment, costs, arising directly or indirectly as a result of or in connection with:

  • 13.1.1. violation of these Terms by You or anyone using Your login password or other login information;
  • 13.1.2. any claims, losses, or damage arising from Your use or attempted use (or inability to use) the Website and/or services available on the Website;
  • 13.1.3. Your violation of any law or regulation; or
  • 13.1.4. any other matter for which You are responsible under these Terms or the law. You agree that Your use of the Website must comply with all applicable laws, regulations, and guidelines.

13.2. You agree to fully cooperate with Us in the defense of any dispute, claim, or lawsuit arising under these Terms and Offer or in connection with the purchase of the Goods available on the Website, as well as any negotiations regarding the settlement or compromise in such matter, at Our request.

 

14. TERMINATION OF THIS AGREEMENT; TERMINATION OF ACCESS TO THE WEBSITE

 

14.1. These Website Terms of Use remain in effect until terminated by You or Us.

14.2. You may terminate these Terms at any time provided that You cease all further use of the Website. If You violate these Terms, Our permission for You to use the Website will automatically terminate.

14.3. We have the right at any time at Our sole discretion to terminate this Agreement and/or the User’s access to the Website on Our own will and for any reason, without penalties, compensation, or liability applying to Us before the User or any third party, as well as in case the User violates the Terms or commits any other actions that may lead to a violation of the Terms. Clarification of the reasons for the termination of these Terms and/or the User’s access to the Website may or may not be provided depending on the circumstances and may not be requested from Us.

14.4. In the event of a violation by the User of these Terms, the use of the actions specified in the previous clause is in addition to, and not in lieu of, any other right or remedy that may be available to Us under the Agreement, by law, or otherwise.

14.5. The following provisions shall survive termination of these Terms for any reason: Sections CONTENT, CONFIDENTIAL INFORMATION, LIMITATION OF LIABILITY, INDEMNIFICATION, GOVERNING LAW AND DISPUTE RESOLUTION, MISCELLANEOUS, and clause 14.4 hereof.

 

15. APPLICABLE LAW AND DISPUTE RESOLUTION

 

15.1. These Terms of Use are governed by the laws of Ukraine. All rights to Us and the User are granted according to the laws of Ukraine, regardless of whether they are provided directly in these Terms or not.

15.2. The User undertakes to initially resolve any disputes in connection with this Agreement by first contacting Our customer service at hi@oneteatree.co and trying to resolve such disputes with Us amicably. Any claims arising in connection with these Terms must be delivered within 30 (thirty) calendar days from the date of the event that gave rise to such a claim, or within another period established by these Terms or limited by applicable law.

15.3. In case of failure to reach an agreement between Us and the User, disputes must be resolved by Ukrainian courts at Our location, according to the procedures set by Ukrainian laws.

 

16. MISCELLANEOUS

 

16.1. Severability. If any provision of these Terms is held to be invalid or unenforceable by a court or other body of competent jurisdiction, then such provision shall be modified, limited, or waived only to the minimum extent necessary to keep these Terms in full force and effect and valid, and Our original intent in specifying such provision, having regard to the context, has been taken into account, preserved and reflected in such modification, limitation, or cancellation.

16.2. Assignment.

  • 16.2.1. You may not assign, transfer, or otherwise deal with any or all of Your rights and obligations under this Agreement, by operation of law or otherwise, without Our prior written consent.
  • 16.2.2. You agree that these Terms, the Policy and/or the Agreement between You and Us, as a whole, and the rights and obligations hereunder, may be assigned by Us at Our sole discretion to any third party.

16.3. No Waiver of Remedies. If We do not insist on strict enforcement of any provision of these Terms and/or Our Privacy Policy, it shall not be construed as a waiver by Us of any provision, right, or basis for any remedy, or any remedy contained herein or available to Us by law.

 

17. FEEDBACK AND COMMUNICATION

 

17.1. In case of any questions when using the Website or other issues related to these Terms, Users can contact Us using the procedure set out in the relevant «Contacts» section/web page, or to Our customer service at hi@oneteatree.co.

17.2. By sending a message to hi@oneteatree.co,  You confirm that You have the legal capacity and authority to cooperate with Us.

17.3. Any notice or other communication under these Terms shall be conducted in writing and shall be deemed given and received if sent by email or, if applicable and only with respect to notices from Us, text messages, notifications, or chatbots.

17.4. Notices relating to these Terms may be sent to You by email to the email address You used when creating Your personal account or otherwise provided to Us. You expressly authorize Us to contact You via such email in the event We (or Our affiliate) are required by law to notify You of a data security incident or data breach.

Annex No. 1
to the Terms of Use and
Public Offer for ONE TEA TREE Website

 

Public Offer for ONE TEA TREE Website

 

1. PREAMBLE

 

The following text is a Public Offer (according to Articles 633, 639, 641 of the Civil Code of Ukraine and Article 11 of the Law of Ukraine «On Electronic Commerce») addressed to the Buyer to enter into the аgreement for the purchase and sale of Goods available on the Website (hereinafter referred to as the «Offer»).

The Buyer accepts (adheres) the terms of this Offer at the moment of finalizing the Order by clicking on the «Order» button (or with other similar wording as may be available) on the Website after entering all the necessary information (for payment, organization of delivery of the Goods, etc.), at the end of the relevant Order form. Such a click means confirmation of the Buyer’s review of this Offer and agreement with all its terms. In addition, the Buyer’s confirmation of the review of this Offer and agreement with all its terms can be performed when the Buyer fills in the appropriate checkbox before finalizing the Order, as may be presented on the Website. The presence of any objections of the Buyer to the provision of their consent in this way relieves the Seller from any responsibility for non-fulfillment of the terms of this Offer and gives the Seller the right to cancel the Order unilaterally.

Please read this Offer carefully before purchasing the Goods and/or placing the Order(s) for the Goods on the Website.

 

2. SUBJECT OF THE OFFER

 

2.1. The Seller undertakes to hand over the Goods to the Buyer under the conditions and terms specified by this Offer, and the Buyer undertakes to accept the Goods and pay its price.

2.2. The Goods are ordered by the Buyer exclusively for personal, family, or household needs, and not related to the conduct of business activities.

2.3. The Content can be used by the Buyer exclusively for personal purposes by viewing it exclusively on the Buyer’s equipment in order to ensure the Buyer’s right to information in accordance with par. 1 of Art. 6 of the Law of Ukraine «On Consumer’s Rights Protection». At the same time, when using the Content, the Buyer shall not:

  • 2.3.1. use the Content in any way for the purpose of transferring it to third parties or ensuring access to the Content by third parties;
  • 2.3.2. use the Content for business purposes or for the purpose of obtaining benefit/profit from any use;
  • 2.3.3. rework, redesign, modify, organize, adapt (which is the introduction of changes carried out, including, but not limited to, for the purposes of the functioning of the Content on the specific technical equipment of the Buyer), change, distribute, publicly show, publish the Content and/or any fragments and/or components of other parts of the Content in Internet, import, lease, and (or) commercial rental, publicly perform, broadcast or cable, make the Content public;
  • 2.3.4. post the Content on any resources in such a way, or take other actions that may allow third parties to access the Content.

2.4. The Buyer warrants to the Seller that it has the necessary legal capacity, as well as all rights and authorities necessary and sufficient to accept and perform this Offer according to its terms.

 

3. PROCEDURE FOR ORDERING GOODS

 

3.1. The Buyer can place the Order on the Website according to the terms of this Offer. The Buyer places an Order on the Website by adding the selected Goods to the virtual «Cart» and clicking the «Order» button (or with other similar available wording).

3.2. The name, assortment, quantity, and price for the Goods that are the subject of this Offer are set out in the Buyer’s Order placed through the Order Web Page, available upon clicking the «Order» button (or such other similar available wording). If the Buyer is willing to place an Order (accept the Offer), the Buyer clicks the «Order» button (or with other similar available wording) as confirmation of finalizing the Order and acceptance of the Offer.

3.3. When placing an Order on the Website, the Buyer must provide the following information:

● first name and last name;

● email;

● phone number;

● postal address or branch address (number/identification) for Goods’ delivery;

● and other information necessary for Order processing and fulfillment.

3.4. The Buyer is responsible for the accuracy of the information provided when placing the Order. In case of errors and/or providing incomplete or false/incorrect details in the fields «First name», «Last name», «Phone number», and others, the Seller is fully exempted from responsibility for improper fulfillment of the Order.

3.5. The Buyer has the option to place an Order for any Goods that are available for ordering on the Website. All Goods can be ordered in any quantity available on the Website. Exceptions to that are/may be indicated in the description of the relevant Good(s), as for example in cases of promotions, withdrawal of the Goods from sale, and in other cases.

3.6. Upon Order placement, as specified in clause 3.1 of this Offer, the Seller’s representative can send a message to the Buyer’s contact phone number or email confirming the acceptance of the Order. Receipt of such message by the Buyer is confirmation of the Order acceptance. The Seller’s representative may further contact the Buyer (by phone or email) to clarify the information regarding the terms of the Order and its delivery. The Order will be delivered only upon Goods’ total payment by the Buyer.

3.7. Detailed information regarding the Order, indicating name, price, quantity of the selected Goods, as well as the total amount to be paid, is available on the Order Web page and/or sent to the Buyer’s email or phone number via an SMS message upon Order placement.

3.8. If the Order, purchase, and delivery of the Goods is impossible or unfeasible, the Seller’s representative may inform the Buyer about it (by phone contact number or email).

3.9. If the Seller does not have the Goods at the time of the Goods’ Order, the Buyer has the right to cancel the Order and receive paid funds back according to the dispute resolution procedure specified in this Offer and applicable law.

 

4. PRODUCT PRICE AND PAYMENT PROCEDURE

 

4.1. The price for the Goods on the Website is indicated in Ukrainian hryvnias per the Goods’ item; it is presented for informational purposes only. Due to certain payment systems settings, it is possible to display the price for the Goods in the currency according to the location (geolocation) of the Buyer in Euros and US dollars (or another currency available for payments on the Website). In payment and billing documents (invoices, receipts, cashier’s checks, etc.) sent to the Seller from the payment systems or to the Buyer from Us/payment systems, the price for the Goods may be indicated in Ukrainian hryvnias.

4.2. In cases payments are processed by payment cards in foreign currencies, double conversion of the currencies may apply by the payment system and/or by card issuing bank, when completing Goods payment.

4.3. Goods payment on the Website may be processed by «Monopay» application from JS «Universal Bank» (Monobank) unless otherwise available on the Website.

4.4. The prices for the Goods indicated on the Website can be amended by the Seller. The price for the ordered Goods shall not be amended upon confirmation of the Order acceptance according to clause 3.6 of this Offer.

4.5. The total cost of the Order consists of:

● the sums of all Goods’ cost placed in Order (from all sections of the Website);

● cost of Goods’ delivery services.

4.6. Please note that payment of the Goods cost and delivery services cost may be required to be made in several payments.

4.7. The procedure for making payment for the Goods can be determined in the relevant section «Payment» on the Website and/or other relevant sections or parts of the Website.

 

5. DELIVERY OF GOODS

 

5.1. The procedure, method, and terms of Goods’ delivery in placed Orders are agreed between the Buyer and the Seller’s representative upon placing of such Order on the Website.

5.2. Delivery of the Goods in the placed Order and paid by the Buyer may be carried out by a third party (Carrier). Upon delivery of the Goods, the Goods are transferred directly to the Buyer or the Buyer’s Representative. The «Buyer’s Representative» is an individual designated by the Buyer as an authorized person to receive the Order in accordance with the rules of the Carrier and who shall provide a printed Order or other document confirming the conclusion of the Offer with the Seller.

5.3. To fulfill obligations under this Offer, the Seller has the right to involve third parties (legal entities and/or individual entrepreneurs or others) under contracts of assignment, commission, carriage, etc.

5.4. The cost of the delivery of the Goods within each Order is calculated and based on the weight of all the Goods in the Order, the delivery address of the Order, the Carrier’s delivery rates, as well as other factors.

5.5. International delivery. International delivery of the Goods is carried out by the EMS courier service or another delivery service provider available on the Website. Estimated delivery time depends on the destination country; terms and other details of delivery rules may be available on the website of the Carrier.

  • 5.5.1. The cost of delivery depends on the country of destination and its preliminary calculation can be made on the website of the Carrier. Such an option can also be provided on the Website.
  • 5.5.2. The Seller is not responsible for non-compliance with the terms of delivery of the Goods declared by the Carrier, as well as any losses, damages, claims, consequences, or issues that arise or related to the delivery of the Goods by the Carrier. Also, the Seller is not responsible for possible delays in the delivery of the Goods due to the necessity of customs clearance of the Goods, phytosanitary, and other types of control in the country of delivery of the Goods, or the necessity to pay applicable customs, duties, levies, and other types of payments by the Buyer.
  • 5.5.3. Shipping information and tracking numbers will be sent to the Buyer’s email address or phone number.
  • 5.5.4. Typically, We need from 3 (three) to 5 (five) business days to process Your Order with international delivery. However, please note that We do not represent or warrant it, and the term can be extended, taking into account reasons and factors case-by-case, at Our sole discretion. As soon as Your Order is shipped, You will receive a message to Your email address or phone number with a tracking number. If You have not received information about the delivery of Your Order, contact Our support service by email one.tea.tree.project@gmail.com, specifying the Order number and details in Your message.
  • 5.5.5. Please note that the recipient’s country may charge taxes on the shipment payable by the recipient. Information regarding the terms of import of the Goods can be obtained from local customs authorities or on the Carrier’s website.
  • 5.5.6. According to the Seller’s policy, the sale and delivery of the Goods to the territory of the Republic of Belarus and the Russian Federation is not carried out.
  • 5.5.7. Delivery of the Goods to destinations where there are no branches of the Carrier may not be available.

5.6. Delivery of goods on the territory of Ukraine. Typically, We need from 2 (two) to 5 (five) business days to process Your Order with delivery across Ukraine. However, please note that We do not represent or warrant it, and the term can be extended, taking into account reasons and factors case-by-case, at Our sole discretion.

  • 5.6.1. Delivery of Orders across Ukraine is carried out by the «Nova Poshta» delivery service or another service available on the Website. The delivery terms and costs are indicated on the Carrier’s website.
  • 5.6.2. The Buyer is responsible for the delivery of the Goods payment according to the Carrier’s tariffs. Waybill (or similar delivery document) numbers are generated automatically and the Carrier sends appropriate notification to the Buyer by phone number or email.
  • 5.6.3. Delivery of the Goods to the temporarily occupied territories of Ukraine, as well as to the other locations where there are no branches of the Carrier, may not be available, unfortunately.

5.7. Delivery methods of the Order within the city of Kyiv (pickup).

  • 5.7.1. You can pick up Your Order on Your own at the address: 30 Reitarska Street, Kyiv, Ukraine during the working hours of the Seller’s store: daily from 10:00 a.m. to 10:00 p.m. Our store is open daily during the mentioned working hours, except when it should be closed for safety reasons or other reasonable or permitted reasons, such as due to force majeure or other circumstances beyond Our control.

5.8. The Parties have agreed that it is considered that the Seller has fulfilled its obligations under this Offer upon the transfer (receipt) of the ordered Goods by the Carrier and/or a third party engaged by the Seller (legal entities and/or individual entrepreneurs, or others) under contracts of assignment, commission, carriage, etc. (in the cases of Goods delivery by the Carrier). Іn cases of Goods’ pickup by the Buyer from the delivery point, the Seller has fulfilled its obligations under this Offer at the moment of the ordered Goods receipt by the Buyer.

5.9. The transfer of risks and ownership of the Goods from the Seller to the Buyer takes place at the moment of transfer of the Goods for further delivery to the Carrier. The place of sale and the place of transfer and delivery of the Goods is Kyiv, Ukraine.

5.10. Upon receipt of the Order, the Buyer must check the integrity and conformity of the Goods. Claims regarding the Goods are submitted during the period of their receipt at the Carrier’s branch, or at the address provided by the Buyer, or at the pickup address, as appropriate.

5.11. Return and exchange of the Goods are not granted, except in cases of mistakes in the Order on the Seller’s part or if the right and ground for returning the Goods is expressly provided by the applicable laws of Ukraine. In that case, the return shipping is payable by the Seller.

5.12. The Seller carefully examines and packs the Goods before shipping. If the Buyer receives a damaged shipment, the Carrier shall be responsible for it. In that case, it is necessary to draw up an act with the representative of the Carrier which will indicate the fact of damage to the shipment, description of the damage and packaging at the time of receipt of the shipment, and other details.

 

6. LIABILITY; DISPUTES RESOLUTION

 

6.1. The liability of the Parties hereunder is prescribed hereby and by the laws of Ukraine.

6.2. IN ADDITION TO ANY PROVISIONS OF THE TERMS AND THIS OFFER, THE SELLER SHALL NOT BE LIABLE FOR:

6.2.1. inconsistency of the color range of the Goods or other characteristics of the vision/display of the Goods, other data, description, properties, characteristics, or completeness of the Goods, as presented in the images or in other formats on the Website, which (i) may differ from the original Goods due to different color rendering by personal computers, monitors, or its models and/or settings of the Buyer’s browser, computer, mobile device, other technical equipment by which they access the Website, or (ii) be presented for the User’s convenience with other items that are not Goods and are not included in Goods, as well as for other similar reasons;

  • 6.2.2. the content and reliability of the information provided by the Buyer when placing the Order, including the recipient’s data and delivery data;
  • 6.2.3. delays and interruptions during the processing of the Order by the Seller and/or delivery of the Goods by the Carrier and/or by a third party engaged by the Seller (legal entities and/or individual entrepreneurs, or others) under contracts of assignment, commission, carriage, etc., which occur for reasons beyond the Seller’s area and scope of control;
  • 6.2.4. transfer by the Buyer of their network identifiers (as login and password) to third parties;
  • 6.2.5. the Buyer’s transfer of their login, password, or other login information to third parties, the loss of such login information, or any consequences thereof.

6.3. THE SELLER SHALL NOT BE LIABLE FOR DAMAGES INCURRED TO THE BUYER OR THIRD PARTIES OR ANY LIABILITIES, COSTS, OR OTHER CONSEQUENCES ARISING FROM THE PURCHASE OR ANY USE, INCLUDING IMPROPER, OF GOODS ORDERED ON THE WEBSITE.

6.4. The Parties shall not be liable for failure to fulfill their obligations under this Offer, and shall not be considered to have violated this Offer, nor shall they have the right to demand compensation from the other Party for damages caused by the Party’s violation of the terms of this Offer, if such failure was the result of force majeure circumstances, such as wars and war conflicts, the adoption of regulatory and legal acts by state bodies, earthquakes, floods, fires, typhoons, hurricanes, mass diseases (epidemics, epizootics), restrictions on transportation, embargoes, the regime of other international sanctions, currency restrictions, the prohibition of trade transactions with certain countries as a result of the application of international sanctions, as well as other similar circumstances that are beyond control of the relevant Party and significantly interfere fulfillment of this Offer.

6.5. All claims, disputes and/or conflicts arising under this Offer shall initially be resolved through negotiations. The Buyer undertakes to resolve any dispute in connection with this Offer by contacting the Buyer’s customer service at one.tea.tree.project@gmail.com and trying to resolve the dispute with Us amicably. Any claims arising in connection with this Offer must be delivered within 14 (fourteen) calendar days from the date of the event that gave rise to such a claim (unless another period is established by this Offer, the Terms, or applicable law). In case such disputes are not resolved within 60 (sixty) calendar days from the start of negotiations, the Parties have the right to apply for the protection of their rights and interests in court or otherwise as available hereunder or by applicable law.

 

7. TERM OF THE OFFER

 

7.1. The Offer is valid from the moment of its conclusion, i.e. from the moment of acceptance of the Offer by the Buyer as stipulated in this Offer.

7.2. The Offer is valid until the Parties’ complete fulfillment of their obligations thereunder.

7.3. The Parties may terminate the Offer earlier by mutual consent.

 

8. MISCELLANEOUS

 

8.1. All relations arising from or related to this Offer, in particular, relating to its validity, conclusion, implementation, changes, termination, interpretation, determination of the consequences of its invalidity or violation, are governed by this Offer and the laws of Ukraine.

8.2. The invalidity or unenforceability of one of the provisions of the Offer held by a court or other body of competent jurisdiction shall not automatically invalidate the other provisions of the Offer, and the relevant provision shall be modified, limited, or canceled only to the minimum extent, necessary to keep this Offer complete and valid and the Seller’s original intent in specifying such provision, having regard to the context, has been taken into account, preserved and reflected in such modification, limitation, or cancellation.

8.3. This Offer contains the entire agreement between the Parties regarding the subject hereof and also supersedes any previous agreements, negotiations, correspondence, letters of intent, as well as any other arrangements of the Parties regarding the subject hereof, in written or oral form. THE BUYER IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO CLAIM DAMAGES FOR AND/OR TERMINATION OF THIS OFFER FOR BREACH OF ANY WARRANTY NOT CONTAINED IN THIS OFFER OR ANY MISREPRESENTATION OF FACTS WHATSOEVER, WHETHER OR NOT THEY ARE INCLUDED HEREIN. The Parties agree that they reached the agreement on all substantial terms of this Offer.

8.4. Each Party acknowledges and agrees that, in entering into this Offer, it has relied on the other Party’s representations and warranties set forth herein. Nothing in this Offer shall release any Party from liability for fraud or intentional misrepresentation.

8.5. The Seller has the right to unilaterally change the terms of this Offer without prior notice to the Buyer. The new edition of this Offer comes into force from the moment of its publication on the Website.

8.6. All informational materials and/or Content presented on the Website are designated for the general description and cannot fully contain total information regarding the Goods characteristics, including color, size, shape, etc. WE MAKE NO WARRANTIES REGARDING THE CONTENT OR INFORMATION OR ANY OTHER MATERIALS ON THE WEBSITE AND WE SHALL NOT BE LIABLE FOR ANY DIFFERENCES OR ANY DAMAGES OR OTHER CONSEQUENCES ARISING OUT OF OR OTHERWISE CONNECTED WITH SUCH DIFFERENCES.

8.7. In the event the Buyer has questions related to the properties, characteristics of the Goods, and other matters, the Buyer has the option, before placing the Order, to contact the Seller by phone, email, or other contact information specified on the Website, to find out more detailed information regarding the Goods.

8.8. All messages sent during the fulfillment of this Offer from the Seller are considered official correspondence, are binding and convincing, and are also considered appropriate during the resolution of possible claims/disputes arising from or related to the fulfillment of this Offer.

8.9. The Buyer gives their willing and acknowledged consent to the collection and processing of their Personal Data in accordance with the Law of Ukraine «On Personal Data Protection» and the laws on the protection of personal data of the Buyer’s country of residence by accepting Our Privacy Policy, published on the Website, in the ways specified in Our Privacy Policy.

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