Public offer agreement
1. General provisions.
Online store (hereinafter - the Seller), publishes this agreement, which is a public contract-offer (hereinafter the Agreement) and has the appropriate legal force, the sale of goods presented on the official website of the Seller to both individuals and legal entities (hereinafter the Buyer).
In accordance with Articles 633, 641, 642 of the Civil Code of Ukraine (hereinafter - CCU) and the Rules of sale of goods to order and outside commercial or office premises, approved by the order of the Ministry of Economy of Ukraine from 19.04.2007 №103, this document is an offer and the fact of the buyer order, orally (by phone or in a store, office) or in writing (via the site or e-mail), and receipt of this order by the Seller - is the full and unconditional acceptance of this public contract and the information contained on the site.
Use of services and purchase of goods, services by the online store implies the consent of the person who uses the services or buys the goods with the rules, terms, restrictions and other conditions of cooperation set forth in this document.
By accepting this agreement, the Buyer confirms that:
A) at the time of purchase of the goods he was 18 years old;
B) the information provided when ordering goods or services is correct and relevant;
C) the provided contact information can be used to inform about changes in work, promotional offers or other information related to the activities of the seller.
Based on the above, carefully read this agreement (public offer) and if you do not agree with any of the items of the offer, please leave the site.
In this Agreement, unless the content otherwise requires, the terms shall be construed as follows:
" Offer " - a public offer of the Seller, addressed to any individual and legal entity, in order to enter into a contract of sale, on the existing terms specified in the Agreement.
" Goods " - a list of names of the range, presented on the official website of the Seller, but not limited to the site.
" Seller " - a company that sells goods presented in the online store, but is not limited to the site.
" Buyer " - a natural or legal person who has entered into a contractual relationship with the Seller on the terms specified in the Agreement.
" Acceptance " - full and unconditional acceptance by the Buyer of the terms of the Agreement.
" Order " - individual items from the range of Goods specified by the Buyer when placing an order on the website of the Seller or ordered in any other way.
" Courier delivery " - direct transfer of goods from the seller to the buyer by an independent contractor who provides services to the Seller in accordance with a separate contract. The seller does not deliver the goods himself.
" Online store " - seller's website
" Place of sale of the Goods " - a catering establishment (restaurant) of the Seller.
2. The subject of the contract.
2.1. The Seller sells the Goods to the Buyer in accordance with the prices in force at the time of the order, and the Buyer has the right to pay and accept the Goods in accordance with the terms of this Agreement.
2.2. This agreement is an official document of the Seller and is an integral part of the offer.
2.3. The sale of goods is carried out in the institution of the Seller.
3. The moment of concluding the contract.
3.1. The text of the contract is a public offer (in accordance with Articles 633, 643 of the Civil Code of Ukraine and the Rules of sale of goods to order outside commercial or office premises, approved by the order of the Ministry of Economy of Ukraine from 19.04.2007 №103).
3.2. The fact of placing an order with the Seller, both independently and with the help of the operator, is an unquestionable acceptance of the terms of this Agreement, and the Buyer further acts as a person who has entered into a contractual relationship. The Buyer undertakes to familiarize himself with the terms of the contract, the seller is not obliged to inform the Buyer about the existence of the contract.
3.3. The moment of entry of the Buyer into the contractual relationship with the Seller is the moment of ordering the Goods, regardless of the method of ordering and form of payment.
3.4. At the written request of the Buyer, the Seller draws up a contract signed by the parties.
3.5. The buyer independently and at his own request contacts the seller, which means that the buyer has read this agreement and agrees with it.
4. The price of the goods.
4.1. Prices in the online store are indicated in the national currency of Ukraine (hryvnia) per unit of goods in accordance with the existing price list.
4.2. The Seller reserves the right to change the price of the Goods until the order is placed without notice to the Buyer.
4.3. The final price is the one specified by the manager when placing the order.
4.4. The prices listed on the site are for informational purposes only.
5. Payment for goods.
5.1. In the case of cash payment, the Buyer is obliged to pay the Seller the price of the goods at the time of its transfer, unless otherwise provided by agreement or contract between the parties.
5.2. Payment for goods and services of the online store is made in the national currency of Ukraine in accordance with the prices and tariffs set at the time of purchase of goods or receipt of services.
5.3 Payment for goods and services of the online store is made in accordance with the section "delivery, payment and prices", published on the website Payment is credited only if you follow the order published on the site.
5.4. In case of non-payment, incomplete or late payment, the online store reserves the right not to provide the goods, suspension or complete non-fulfillment of obligations and is not responsible for the possible consequences of such decision / action.
5.5. Goods and services are guaranteed and provided only upon receipt of payment by the online store (if the goods are available at the time of payment by the Seller to the importer, the physical availability of goods in the seller's warehouse, the possibility of delivery to the Seller's warehouse or at specified by the Buyer). Until receipt of payment, the online store has no obligations to the Buyer of goods and services ordered by the Seller.
5.6. In the case of a non-cash form of payment, the Buyer's obligation to pay the value of the goods is considered fulfilled from the moment of crediting the relevant funds to the Seller's current account.
5.7. In case of non-cash form of payment, the Buyer is obliged to present to the manager or courier a document confirming the fact of payment for the Goods (payment order, payment receipt, etc.).
5.8. Prices for any items of the Goods may be changed by the Seller unilaterally. In case of change of the price for the order of the item of the Goods before payment of the Order, the Seller is obliged to inform the Buyer of such changes as soon as possible. The buyer has the right to confirm or cancel the order. In the absence of contact with the Buyer, the Order is considered canceled within 24 hours from the date of change in the price of the goods.
6. Delivery of goods.
6.1. The Buyer has the right to receive the goods ordered by him by means of independent export (self-export) from the catering establishment (restaurant) of the Seller, or to use courier delivery services. The Seller does not independently deliver the ordered Goods to the Buyer.
6.2. Self-pickup is carried out by the Buyer from the catering establishment (restaurant) of the Seller, which will be specified in the order.
6.3. Courier delivery of the order to the Buyer is carried out in agreement with the Buyer and at the address specified by him.
6.4. Delivery of the ordered goods is carried out within Kyiv, unless otherwise provided by prior agreement between the parties.
7. Sale of goods and services.
7.1. The online store does not guarantee unconditional order fulfillment. All services and goods are provided on an "as is" basis. The technical systems involved (the website and the website may include undetected technical errors, which result in the inability to fulfill the order, purchase the product or its late execution. In addition, the impossibility of fulfilling the order or its untimely execution may be caused by circumstances caused by human factors or force majeure.
7.2. In case of impossibility or untimely fulfillment of the undertaken obligations in the circumstances stated in item 7.1 (excluding "force majeure") the online store is responsible within the limits of the sums received from clients as payment for goods or services.
7.3. The online store does not bear and under no circumstances can bear any material liability that goes beyond the amounts received from the customer as payment for goods and services.
7.4. The online store reserves the right to refuse to provide services or sell goods to the Buyer at its discretion.
7.5. Cash paid by the Buyer is not refundable in the following cases:
A) the client's refusal of the received service or goods after payment and receipt from the courier;
B) by court decision;
C) if the product is of proper quality.
7.6. The place of sale of the Goods is the catering establishment (restaurant) of the Seller.
8. Liability to third parties.
8.1. The online store is not responsible for the use or further use of goods and services purchased in the online store and with its help.
8.2. Online store is not responsible for the content and quality of goods sold, subject to the presence of certificates of the importer and documents confirming the purchase of these products from the importer.
9. Rights and obligations of the Parties.
9.1. The seller undertakes:
9.1.1. Do not disclose any private information of the Buyer and do not provide access to this information to third parties, except as provided by applicable law of Ukraine.
9.1.2. Provide the Buyer with the opportunity to receive free telephone consultations at the telephone numbers listed on the website (www.samlviv.com). The scope of consultations is limited to specific issues related to the execution of the order.
9.1.3. The seller reserves the right not to fulfill the order in case of force majeure.
9.1.4. The Seller reserves the right to amend this Agreement unilaterally until its conclusion.
9.2. The Seller is not responsible for the improper use of goods purchased by the Buyer in the online store.
9.3. The Seller has the right to transfer its rights and responsibilities for the execution of Orders to third parties.
9.4 The Buyer undertakes:
9.4.1. Before contacting the online store read the content of the Offer Agreement, terms of payment and delivery on the store's website.
9.5. Ownership of the Order, as well as the risk of accidental damage or loss are transferred to the Buyer from the moment of transfer of the goods.
10. Force majeure.
10.1 The parties are released from liability for non-performance or improper performance of obligations under the terms of the contract for the duration of force majeure. Force majeure means extraordinary and insurmountable under these conditions circumstances that prevent the parties from fulfilling their obligations under this Agreement. These include natural disasters (earthquakes, floods, etc.), circumstances of public life (hostilities, emergencies, major strikes, epidemics, etc.), prohibitive measures by government agencies (ban on transportation, currency restrictions, international sanctions , trade bans, etc.). During this time, the parties have no mutual claims and each party assumes its risk as a result of force majeure.
All textual information and graphics posted on the website of the online store (http://samlviv.com) are the property of the seller and / or its suppliers and manufacturers of the Goods.
12. Information and its use.
12.1. The buyer is obliged to provide accurate and truthful information in the amount necessary to provide services and / or purchase goods that he receives or buys. The information provided by the Buyer may, if necessary, be published in open sources.
12.2. The online store samlviv.com has the right at its discretion to require the Buyer to provide documentary evidence of the authenticity of the information provided.
12.3. The provision of inaccurate information or failure to provide such information at the request of the online store samlviv.com may be a reason to suspend the provision of services or sale of goods. In this case, the online store samlviv.com is not responsible for any damages caused by the Buyer in case of suspension / non-performance of services or non-sale of goods in case of non-compliance with paragraph 12.1.
12.4. The Seller collects and processes the personal data of the Buyers (namely: surname, name, patronymic of the Buyer, delivery address, contact telephone numbers, e-mail address, etc.) in order to:
- fulfillment of the terms of this Agreement;
- delivery to the Buyer of the products ordered by him.
12.5. By ordering the Goods through the online store the Buyer agrees to the collection and processing of such information.
12.6. Only persons directly involved in the execution of the Order have access to the Buyer's personal data.
12.7. The Seller undertakes: to observe confidentiality regarding the personal data of the Buyers; to prevent attempts of unauthorized use of personal data of Buyers by third parties; exclude access to personal data of Buyers, persons who are not directly related to the execution of the Order, except as provided by applicable law of Ukraine.