PUBLIC AGREEMENT (OFFER)
to order, purchase and delivery and delivery of goods
This agreement is an official and public offer of the Seller to enter into a contract of sale of the Goods presented on this site. This agreement is public, ie in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and conditions of ordering, payment for goods, delivery of goods, return of goods, liability for unscrupulous order and all other terms of the contract. The Agreement is considered concluded from the moment of clicking the “Confirm Order” button on the ordering page in the “Basket” section and receiving by the Buyer from the Seller confirmation of the order in electronic form.
1. Definition of terms
1.1. Public offer (hereinafter – the “Offer”) – a public offer of the Seller, addressed to an indefinite number of persons, to enter into an agreement with the Seller to buy and sell goods remotely (hereinafter – the “Agreement”) on the terms contained in this Offer.
1.2. Goods or Service (order) – the object of the agreement of the parties, which was selected by the buyer on the website of the Online Store and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online store – the Seller’s website at: namangalsteakhouse.ua was created for the conclusion of retail and wholesale contracts on the basis of acquaintance of the Buyer with the description of the Goods offered by the Seller via the Internet.
1.4. Buyer – an able-bodied individual who has reached 18 years of age, receives information from the Seller, places an order to purchase goods presented on the website of the online store for non-business purposes, or a legal entity or individual entrepreneur .
1.5. Seller – individual entrepreneur INDIVIDUAL – ENTREPRENEUR Semenyuk Evelina Valerievna (Registration number of the taxpayer’s registration card 3788006725), which was created and operates in accordance with the current legislation of Ukraine, the location of which is: Location of the natural person – entrepreneur: Ukraine, 60121, Chernivtsi region, Dnistrovskyi district, Moshanets village, str. Myru, building 40
2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of concluding the Offer Agreement (acceptance of the offer) and the moment of full and unquestioning acceptance by the Buyer of the terms of the Agreement is the date of filling in the Buyer’s order form located on the online store, provided the Buyer receives electronic order confirmation from the Seller. If necessary, at the request of the Buyer, the Agreement may be executed in writing.
3.1. The buyer independently places an order in the online store through the form “Basket”, or by placing an order at the phone number specified in the contacts section of the online store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer at the time of placing the order is incomplete or raises suspicions about their validity.
3.3. When placing an order on the website of the Online Store, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. last name, first name of the Buyer;
3.3.2. the address to which the Goods should be delivered (if delivery to the Buyer’s address);
3.3.3. contact phone.
3.3.4. Identification code for a legal entity or an individual entrepreneur.
3.4. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer’s basket on the website of the Online Store.
3.5. If either Party needs additional information, it has the right to clarify it with the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when buying goods in the online store.
3.6. When placing an order through the Seller’s operator (paragraph 3.1. Of this Offer), the Buyer undertakes to provide the information specified in paragraphs 3.3 – 3.4. of this Offer.
3.7. The Buyer’s acceptance of the terms of this Offer is made by the Buyer entering the relevant data in the registration form on the website of the Online Store or when placing an Order through the operator. After placing the Order through the Operator, the data on the Buyer are entered into the database of the Seller.
3.8. The Buyer is responsible for the accuracy of the information provided when placing an order.
3.9. By concluding the Agreement, ie accepting the terms of this offer (proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
a) The buyer is fully and fully acquainted with and agrees to the terms of this offer (offer);
b) it gives permission for the collection, processing and transfer of personal data, permission for the processing of personal data is valid throughout the term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the contract, the Buyer confirms that he is informed (without additional notice) about the rights established by the Law of Ukraine “On Personal Data Protection”, the purposes of data collection, and that his personal data is transferred to the Seller of this Agreement, the possibility of mutual settlements, as well as to obtain invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notice to the Buyer in order to fulfill the Buyer’s order. The scope of the Buyer’s rights as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood.
4. Price and Delivery of Goods
4.1 Prices for Goods and services are determined by the Seller independently and listed on the website of the Online Store. All prices for goods and services are listed on the site in UAH including VAT.
4.2 Prices for Goods and Services may change by the Seller unilaterally depending on market conditions. In this case, the price of a single unit of goods, the cost of which is paid
The Buyer in full may not be changed by the Seller unilaterally. 4.3. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the Buyer.
4.4. In case of ordering goods with delivery within the city, delivery is free.
4.5. Ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or his Representative from the moment the Buyer receives the Goods in the city of delivery of the Goods in case of independent delivery of the Goods from the Seller or during the Seller’s transfer to the delivery service (carrier) chosen by the Buyer. IN
4.6. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds on his account.
4.7. Payments between the Seller and the Buyer for the Goods are made in the ways specified on the website of the Online Store in the section “Payment and Delivery”.
4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with qualitative and quantitative characteristics.
(name of goods, quantity, completeness, expiration date).
4.9. The Buyer or his representative during the acceptance of the Goods confirms his signature in the goods receipt and / or in the order / or in the consignment note for delivery of goods, which has no claims to the quantity of goods, appearance and completeness of goods.
4.10. The working hours of the Seller, in which the order can be executed, are specified on the website namangalsteakhouse.ua.
5. Rights and obligations of the Parties
5.1. The seller must:
5.1.1. To transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.
5.1.2. Do not disclose any private information about the Buyer and do not provide access to this information to third parties, except as provided by law and during the execution of the Buyer’s Order.
5.2. The seller has the right to:
5.2.1 Change the terms of this Agreement, as well as prices for goods and services, unilaterally, placing them on the website of the online store. All changes take effect from the moment of their publication.
5.2.2. The Seller has the right to provide discounts on Goods and set a bonus program. Types of discounts, bonuses, order and terms of accrual are indicated on the Website and may be changed by the Seller unilaterally.
5.2.3. The Seller has the right to send information, including advertising messages, to the Buyer’s mobile phone. The Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal by sending a written statement of refusal to receive advertising and other information to the Seller at the address specified on the Website.
Service messages informing the Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the Buyer.
5.2.4. The seller has the right to use the technology “Cookies”. Cookies do not contain confidential information and are not passed on to third parties.
5.3 The Buyer undertakes:
5.3.1 Before concluding the Agreement, read the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.
5.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary information that uniquely identifies him as the Buyer and is sufficient to deliver the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return to the Seller non-food goods of proper quality, if the goods did not satisfy him in shape, size, style, color, size or for other reasons can not be used for its intended purpose. The buyer has the right to return the goods of proper quality within 14 (fourteen) days, not including the day of purchase. Return of goods of proper quality is carried out if it has not been used and if its appearance, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment of the Goods are preserved. The list of goods that are not subject to return on the grounds provided for in this paragraph shall be approved by the Cabinet of Ministers of Ukraine.
6.2. Reimbursement to the Buyer of the value of the goods of proper quality is carried out within 30 (thirty) calendar days from the date of receipt of such goods by the Seller, subject to compliance with the requirements of paragraph 6.1. Agreement, current legislation of Ukraine.
6.3. The value of the goods is refundable by bank transfer to the Buyer’s account. 6.4. Return of the Goods of proper quality to the address of the Seller is made at the expense of the Buyer and the Seller does not reimburse the Buyer.
6.5. In case of detection of defects in the Goods during the warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present to the Seller the requirements of the Law of Ukraine “On Consumer Protection”. When submitting claims for free elimination of defects, the deadline for their elimination is calculated from the date of receipt of the Goods by the Seller at his disposal and physical access to such Goods.
6.6. Consideration of the requirements provided by the Law of Ukraine “On Consumer Protection” is carried out by the Seller provided that the Buyer provides the documents provided by current legislation of Ukraine. The Seller is not responsible for defects of the Goods that arose after its transfer to the Buyer as a result of violation by the Buyer of the rules of use or storage of the Goods, actions of third parties or force majeure.
6.7. The Buyer has no right to refuse the goods of proper quality, which has individually defined properties, if the said goods can be used exclusively by the Buyer,
who bought it, (including at the request of the Buyer non-standard sizes, characteristics, appearance, equipment, etc.). Confirmation that the product has individually defined properties is the difference between the size of the product and other characteristics specified in the online store.
6.8. Return of goods, in cases provided by law and this Agreement, is carried out at the address specified on the website in the section “Contacts”
7.1. The Seller shall not be liable for damage caused to the Buyer or third parties as a result of improper installation, use, storage of the Goods purchased from the Seller. 7.2. The Seller shall not be liable for improper, untimely execution of the Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer shall be released from liability for full or partial non-performance of its obligations if the non-performance is the result of force majeure such as war or hostilities, earthquake, flood, fire or other natural disasters that occurred regardless of the Seller’s will and / or Buyer after the conclusion of this agreement. A Party that is unable to fulfill its obligations shall immediately notify the other Party.
8. Confidentiality and protection of personal data.
8.1. By providing his personal data on the website of the Online Store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data and other actions under the Law of Ukraine “On Personal Data Protection” “, Without limiting the validity of such consent. 8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation of the Seller to provide information to counterparties and third parties acting under an agreement with the Seller, including to fulfill obligations to the Buyer, as well as in cases where disclosure of such information is required by current legislation of Ukraine.
8.3. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or non-fulfillment of its obligations due to the inaccuracy of information about the Buyer or inaccuracy of its validity.
9. Other conditions
9.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and / or the Seller have the right to apply to the courts for resolution of the dispute.