This agreement is in the nature of a public offer, is equivalent to an "oral agreement" and, in accordance with the current legislation of Ukraine, has due legal force.
1. GENERAL PROVISIONS
1.1. This agreement is a public offer agreement (in accordance with Articles 633, 641 and Chapter 54 of the Civil Code of Ukraine), its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur).
1.2. In case of acceptance of the terms of this Agreement of purchase and sale of goods, ie the public offer of the Seller, the Visitor / User becomes the Buyer.
1.3. By concluding the Agreement, the Buyer confirms that he is fully acquainted and agrees with its terms, and, if the Buyer is an individual, gives permission for the Seller to process his personal data in order to fulfill the terms of this Agreement, the possibility of settlements, and also for receiving invoices, acts and other documents. Permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding this Agreement, the Buyer confirms that he is notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", the purposes of data collection, as well as the fact that his personal data is transferred to the Seller fulfillment of the terms of this Agreement, opportunities for 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, without changing the purpose of personal data processing. 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.
2. TERMS AND DEFINITIONS
The site administrator - is the owner of the site and carries out the leading management of the site posted on the Internet at
https://fooddood.com.ua/ .
The site is a page on the Internet, located at
https://fooddood.com.ua/ .
Online store - the site
https://fooddood.com.ua/ , which acts as a platform for the sale of goods from various sellers and is a remote means of selling goods. The online store is created for concluding retail purchase and sale agreements on the basis of acquaintance of the Buyer with the description of the goods offered by the Seller on photos, by means of the Internet that excludes a possibility of direct acquaintance of the Buyer with the goods.
Site visitor - a person who enters the site without the purpose of placing an order.
User - an individual, a visitor to the site, who accepts the terms of this Agreement and who wishes to place an order on the site.
The buyer is the user who placed the order on the site.
Seller - a natural or legal person who, in accordance with current legislation of Ukraine, has the right to sell goods and provide services. Sellers place their goods on the site of the Site Administrator under the terms of the Commission Agreement. The name of the seller who sells the goods is indicated in the accompanying documents to the goods upon its transfer to the Buyer.
Goods- published on the website of the online store a list of names of the range, presented in the online store, which indicates the price, name and description of the product. The product may also be accompanied by its image.
Order - the Buyer's decision to purchase the goods by properly processing the Buyer's request for purchase and delivery to the address specified by the Buyer, selected on the website of the goods.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to transfer the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods under the terms of this agreement.
This agreement regulates the purchase and sale of goods in the Online Store, including: voluntary choice by the Buyer of goods in the Online Store; independent registration by the Buyer of the order in Online store; payment by the Buyer of the order placed in the Online Store; processing and delivery of the order to the Buyer in the property on the terms of this agreement.
3.2. This Agreement applies to all types of goods and services presented on the site, as long as such offers with a description are present in the catalog of the online store.
4. GOODS AND PROCEDURE FOR PURCHASE OF GOODS
4.1. The seller ensures the availability of goods presented on the site. The photos accompanying the product may differ slightly from the actual appearance of the product, given the peculiarities of the color rendering of the various devices with which the site is viewed.
The accompanying product description / characteristics do not claim to be exhaustive and may contain typographical errors.
4.2. In the absence of the goods ordered by the Buyer, the Seller has the right to exclude the specified goods from the order and / or cancel the buyer's order, notifying the buyer by sending an email to the address specified by the buyer during registration or otherwise.
4.3. In case of cancellation of the prepaid order in full or in part, the value of the canceled goods is returned by the Seller to the Buyer in the manner in which the goods were paid for.
4.4. The Buyer is fully responsible for providing false information, which has led to the impossibility of the Seller to properly fulfill its obligations to the Buyer.
4.5. After placing an order on the website, the Buyer is provided with information about the expected delivery date by phone. The manager who serves this order clarifies the details of the order, agrees on the method and date of delivery, which depends on the availability of the ordered goods in the warehouse of the Seller and the time required to process and deliver the order.
4.6. The expected delivery date of the order transfer is notified to the Buyer by the manager servicing the order during the control call to the Buyer.
5. PRICE AND PAYMENT PROCEDURE
5.1. The price of each individual product is determined by the Seller and indicated on the website of the online store. The price of the order is determined by adding the price of all Goods included in the order.
5.2. The contract price is equal to the order price. The amount of the order may vary depending on the price, quantity or range of goods.
5.3. The order of the goods means the formation of the order and (or) its payment in cash or non-cash, depending on what happens earlier, subject to acceptance of this agreement.
5.4. The Buyer pays for the Goods according to the Order. The buyer independently chooses one of the following methods of payment: 1) cash payment; 2) non-cash payment.
5.5. Payment for the goods for cash payment is made:
5.5.1. At the point of self-pickup of goods, the address of which is placed on the site in the section "Contacts", at the time of ordering or at the time of transfer of goods.
5.5.2 By transferring funds to the Seller's courier or the Seller's paying agent.
5.6. Payment for goods by non-cash payment is made:
5.6.1. By transferring non-cash funds to the current account of the Seller (subject to the order number);
5.6.2. By using electronic means of payment.
5.7. In case of partial payment, the goods are considered paid from the date of payment of the entire amount of money to pay for all purchased goods.
5.8. Payment for goods and services is made in the national currency of Ukraine - hryvnia.
5.9. The order is considered paid from the moment of receipt of payment to the current account of the Seller or his representative. The fact of payment of the order testifies to the consent of the Buyer with conditions of this contract.
5.10. The price of the goods specified on the website of the Online Store may be changed by the Seller unilaterally. Thus the price for the goods ordered by the Buyer is not subject to change.
5.11. Until the moment of crediting the Buyer's funds to the current account of the Seller, the goods are not reserved. The Seller cannot guarantee the availability of the Seller's goods in the amount specified at the time of placing the Order, which may increase the processing time of the order. If it is necessary to return the money by the Seller to the Buyer to make a refund, the Buyer is obliged to inform the Seller of the details of the bank account to which the Seller is obliged to transfer funds.
6. PROCEDURE OF DELIVERY OF GOODS
6.1. Delivery and return of the order is performed by the Seller or the transport company (carrier) at the expense of the Buyer, unless otherwise provided by contract or applicable law. The total delivery time cannot exceed 5 days.
6.2. The total delivery time of the goods consists of the order processing time and delivery time. Order processing time - from one working day to three. Delivery methods are agreed with the manager. Delivery time from 1 to 5 days, depending on the address of the settlement.
6.3. The cost of delivery to the Internet store is not specified, as it depends on the current tariffs of the transport company (carrier).
6.4. The seller is not responsible for the delivery time of the order, because they depend on the actions of third parties (carriers).
7. GUARANTEES OF QUALITY OF GOODS. BUYER'S REQUIREMENTS RELATED TO GOODS DEFECTS
7.1. The goods under this Agreement must ensure its full suitability for use, as well as meet all the requirements normally applied on the market to similar goods.
7.2 The Customer has the right to refuse non-excisable goods at any time before its transfer, and after the transfer of non-excisable goods - in the manner and under the conditions specified by the Law of Ukraine "On Consumer Protection".
7.3 Return of non-excisable goods of proper quality is possible if its appearance, consumer properties, as well as a document confirming the fact of purchase and ordering of the specified goods are preserved.
7.4 The Customer has no right to refuse the goods of proper quality, which has individually defined properties, if the said goods can be used only by the consumer who purchased it (including non-standard, at the request of the Customer, sizes, 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.
7.5 Return of goods, in cases provided by law and this agreement, is carried out at the address specified on the site in the section "Contacts" and pre-agreed with the manager responsible for processing the order.
7.6 If the Buyer refuses non-excisable goods of proper quality, the Seller shall refund the amount of the value of such Goods, except for the costs of the seller for the delivery of the returned goods.
7.7 Refund of the amount specified in paragraph 5.5. carried out simultaneously with the return of the goods.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Seller is obliged to: comply with the terms of this Agreement; fulfill the Buyer's order in case of payment from the latter; to transfer the goods to the Buyer in accordance with the selected sample in the Online Store, the order and the terms of this agreement; check the qualitative and quantitative characteristics of the product during its packaging.
8.2. The Seller has the right to unilaterally terminate the provision of services under this Agreement in case the Buyer violates the terms of this agreement.
8.3. The buyer is obliged to: timely pay and receive the order under the terms of this agreement.
8.4. The buyer has the right to: place an order in the online store; require the Seller to comply with the terms of this Agreement.
9. TERM OF THIS AGREEMENT
9.1. This agreement comes into force from the date of ordering in the online store
https://fooddood.com.ua/ and is valid until all the terms of the agreement.
10. LIABILITY
10.1. The Seller is not responsible for the Buyer's choice of goods, he only guarantees the conformity of the ordered items.
10.2. In case of force majeure, the parties are released from the terms of this agreement. Force majeure for the purposes of this Agreement means events of an extraordinary, unforeseen nature that preclude or objectively impede the performance of this Agreement, the occurrence of which the Parties could not have foreseen and prevented by reasonable means.
10.3. The parties shall make every effort to resolve any differences solely through negotiations.
11. CONFIDENTIALITY AND PROTECTION OF INFORMATION
11.1. When placing an order in the Online Store, the User provides the following information: name, phone number, e-mail address and / or other information required by the Seller and / or the Site Administrator to process and fulfill the order.
11.2. By providing his personal data to the Seller and / or the Site Administrator, the Site Visitor / User / Buyer agrees to their processing by the Seller and / or the Site Administrator, including for the purpose of promoting the Seller's goods and services, as well as transferring personal data to third parties. fulfillment of obligations to the Site Visitor / User / Buyer within the framework of the Public Offer.
11.3. The Seller and / or the Site Administrator uses the personal data of the User / Buyer:
- to place an order for the User and the Online Store;
- to fulfill its obligations to the User / Buyer;
- to evaluate and analyze the work of the Site;
- to determine the winner in the shares held by the Seller and / or the Site Administrator.
11.4. The site administrator has the right to use "cookie" technology. Cookies do not contain confidential information and are not passed on to third parties.
11.5. The Seller and the Site Administrator are not responsible for the information provided by the User / Buyer on the Site.
12. ADDITIONAL CONDITIONS
12.1. The online store and the services provided may be temporarily, partially or completely unavailable due to preventive or other work, or for any other technical reasons. The Technical Service of the Site Administrator has the right to periodically carry out the necessary preventive or other work with or without prior notice to Buyers.
12.2. The provisions of the Ukrainian legislation apply to the relationship between the Site Administrator, the User / Buyer and the Seller.
12.3. The Parties shall make every effort to resolve differences solely through negotiations. In case of disagreement, the dispute will be referred to a judicial body in accordance with current legislation of Ukraine.
12.4. The Seller is considered to have fulfilled its obligation under the contract of sale, and the Buyer acquires ownership of the goods from the moment of actual delivery of the goods, which is certified by a goods receipt (invoice / acceptance certificate).
12.5. In case of force majeure, documented by the relevant authorities, the parties are released from the implementation of this agreement.
12.6. The court's recognition of the invalidity of any provision of this Agreement does not entail the invalidity of other provisions.
12.7 The appearance of the goods may differ from those presented on the site.
