PUBLIC OFFER AGREEMENTABOUT SALE OF GOODS
This document is an official proposal (public contract), in accordance with Art. 633, 641, 642 of the Civil Code of Ukraine 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 dated 19.04.2007 № 103, cafe "Kometa",
hereinafter referred to as "Seller", which proposes to enter into this Agreement a public offer to buy and sell goods through the Seller's website https://kometakyiv.com/
to any able-bodied adult, hereinafter referred to as the "Buyer", collectively referred to as the "Parties".
The public offer agreement is public and according to Art. 633, 641 of the Civil Code of Ukraine, its terms are the same for all consumers, unconditional acceptance of the terms of which the fact of the Buyer's order in oral form (by phone) or in writing (through the site) and payment for the Goods in any way in accordance with Part 2 Article 642 of the Civil Code of Ukraine) is considered an acceptance of this Agreement between the Buyer and the Seller and certifies the fact of its conclusion.Definition of termsPublic offer agreement (Offer)
- an agreement publicly concluded between the Seller and the Buyer on the terms of sale of goods and provision of services.Buyer
- any able-bodied individual who is 18 years old at the time of concluding the Agreement
and who, on the basis of a public offer concluded with the Seller, will purchase goods and receive services and pay for them.Document for goods and services
- a settlement document (commodity or cash receipt, receipt, etc.), which the Buyer receives based on the results of payment for goods and services upon receipt from the Seller.Goods
- food, food and beverages offered for sale in accordance with the range and prices of the restaurant listed on the Website, which are sold to the Buyer in the Seller's restaurant with delivery.Order
- duly executed by the Buyer electronic order form for the purchase of goods, which contains a list of goods selected by the Buyer to purchase and deliver the purchased, information about the Buyer (data that allows to identify the Buyer, delivery address, etc.), the total cost of selected goods.Order delivery
- delivery by the Seller of the Goods selected and ordered for purchase by the Buyer from the range of the restaurant presented on the Website at the prices set by the Seller on the date of the order. Delivery of the Goods purchased in the restaurant is carried out by the Seller or third parties involved by the Seller, under the conditions and within the terms specified on the Website in the section "Delivery and payment" and in this Agreement. Delivery is paid by the Buyer separately upon receipt of the order.Website
- the Seller's website, which contains an up-to-date list of goods and their value in the Seller's restaurant, at https://kometakyiv.com/
on the Internet.1. General provisions
1.1. The Seller sells the Goods in the restaurant by means of telecommunication means (Website) and by telephone numbers indicated on the Website (the cost of calls is set according to the tariffs of communication operators).
1.2. By ordering Goods and Services through the Website and / or by telephone, the Buyer agrees to the terms of this Agreement. In case of disagreement, the Buyer is obliged to immediately stop using the Website and forming an order.
1.3. This Agreement, as well as the information about the Goods provided on the Website, is a public offer in accordance with Art. 633 of the Civil Code of Ukraine.
1.4. The provisions of this Agreement may be changed by the Seller unilaterally without prior notice to the Buyer. The new version of the Agreement and / or its annexes shall enter into force upon its publication on the Website, unless otherwise provided by the Seller.
1.5. The Agreement is considered concluded from the moment the Buyer places the Order through the Website, as well as from the moment the Buyer accepts the Order at the telephone numbers indicated on the Website. The Buyer is obliged to get acquainted with the terms of this agreement, the Seller is not obliged to inform the Buyer about the existence of this Agreement.
1.6. The Seller's obligations under the Agreement are considered fulfilled from the moment of transfer of the Goods. Buyer - from the moment of receipt and payment of the Goods.
1.7. By notifying the Seller of information about himself (his name, telephone number, place of delivery, etc.), the Buyer agrees to the processing of his personal data by the Seller, as well as third parties involved by the Seller for the purpose of fulfilling obligations to the Buyer. mailings of advertising and informational nature, containing information about discounts, future and current promotions and other activities of the Seller, the transfer of the order for delivery, as well as other information directly related to the fulfillment of obligations to the Buyer under this offer.
1.8. By agreeing to the terms of the Agreement, the Seller confirms his legal capacity, including reaching the age of 18 at the time of concluding the Agreement, that the information provided when ordering goods or services is correct and relevant, and is aware of the responsibility for the obligations imposed on him as a result of this Agreement.
1.9. The Buyer is an adult who has agreed to the terms of this Agreement, ordered the Goods and paid for its value.2. Rights and obligations of the Parties:
2.1. Under this Agreement, the Seller undertakes to sell and, if necessary, deliver the Goods offered for sale on the Website in accordance with the duly executed Buyer's Order and the terms of this offer, and the Buyer undertakes to accept and pay for the Goods ordered by him and services.
2.2. This Agreement applies to all goods and services displayed on the Website at the time of the Order by the Buyer.
2.3. The seller undertakes:
- sell the Goods and provide the services provided by the terms of this Agreement;
- provide the ability to order and pay for goods and services;
- provide advice on the use of the Website and ordering;
- provide information specified by the Law of Ukraine "On Consumer Protection", in particular the name and address of the manufacturer of the Goods offered by the Seller for sale, their price, composition, weight, shelf life, data of the Seller for complaints.
2.4. The seller has the right to:
- refuse to sell and / or transfer the ordered and Goods and / or provide services in connection with the improper performance by the Buyer of its obligations under this Agreement;
- make changes to this Agreement unilaterally;
- make changes to the information posted on the Website unilaterally and at its discretion;
- involve third parties to fulfill their obligations to the Buyer;
- change the terms and / or delivery time of the Goods to the Buyer, provided that the Buyer is notified of such changes by the phone number specified by him when placing the order;
2.5. The buyer undertakes:
- to get acquainted with the content of this Agreement before ordering;
- comply with the terms of this Agreement;
- provide accurate and truthful information to the extent necessary to provide services and / or purchase goods that he receives or buys under this Agreement;
- accept the Goods of proper quality, which corresponds to the order of the Buyer;
- pay for the Goods before its receipt or at the time of its receipt;
- when purchasing with delivery of alcoholic beverages, at the request of the Seller and / or courier to present documents confirming the achievement of the Buyer's 18 years of age;
- check the availability of excise stamps on alcoholic beverages ordered and delivered to the Buyer (except for beer);
- check the quantity and name of the ordered goods upon receipt.
2.6. The buyer has the right to:
- require the Seller to sell the Goods and provide services in accordance with the terms of this Agreement.3. Making an order
3.1. To place an Order, the Buyer must: - select the Goods presented on the Website, its quantity, and click "Add to Cart", the Goods will be automatically added to the "Orders" section; - in the section "Orders" choose the method of receiving the Goods from the offered - "Self-pickup" or "Delivery by courier"; - fill in the data in the appropriate electronic order form, choose the method of payment for the Goods; - after selecting the Goods, select the "Order" function; - confirm acquaintance with this Agreement and consent to the processing of personal data by the Seller.
3.2. The Buyer may place an order by completing the appropriate order form on the Website or at the telephone numbers listed on the Website.
3.3. The Buyer is responsible for the accuracy and reliability of the information provided by the Seller when placing an order, if it caused the impossibility of the Seller to properly fulfill its obligations to the Buyer.
3.4. The communication between the Buyer and the Seller should be based on the principles of mutual respect, generally accepted morality and rules of etiquette. The use of obscene words, insults, abusive expressions, as well as threats and blackmail is strictly prohibited, regardless of the form and to whom they were addressed.4. The order of purchase and sale of goods
4.1. Seller ensures the availability of the Goods listed on the Website. The images accompanying the goods are illustrations to it and may differ from the actual appearance of the goods.
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 / cancel the Buyer's Order by notifying the Buyer by the phone number specified by the Buyer.
4.3. After placing an Order on the Website, the Buyer is provided with information about the expected delivery time at the phone number specified by the Buyer. The seller clarifies the details of the order, agrees on delivery time.
4.4. The delivery time may be changed by the Seller unilaterally in the presence of objective, in the opinion of the Seller, reasons.
4.5. Ownership of the Order, as well as the risk of accidental damage or loss passes to the Buyer from the moment of transfer of the Goods.5. Delivery of the order
5.1. The Buyer has the right to receive the Goods ordered by him by means of independent export (self-pickup) from the catering establishment (restaurant) of the Seller or to use the services of courier delivery. Courier delivery of the Goods is carried out by the Seller or third parties involved by him. If it is impossible to contact the Buyer at the phone number specified by him when placing the order, the Order is considered canceled.
5.2. The delivery area of the goods offered on the Website is limited, detailed information on the delivery area is provided by the telephone numbers listed on the Website.
5.3. The Seller's mode of operation and delivery time are indicated on the Website.
5.4. Delays in the delivery of Goods are possible subject to unforeseen circumstances that occurred through no fault of the Seller.
5.5. Delivery of the Order to the Buyer is carried out by the Seller to the address specified in the order.
5.6. The Seller's obligation to deliver the Goods to the Buyer is considered fulfilled at the time of delivery of the Goods to the Buyer.
5.7. Upon acceptance of the Order, the Buyer is obliged to check the Goods for compliance with the ordered and the integrity of the packaging. In the absence of claims to the delivered Goods, the Buyer pays for the Order. Payment by the Buyer for the Goods indicates that no claims have been made against the Goods and the Seller has fully and properly fulfilled its obligation to transfer the Goods.
5.8. The Buyer understands and agrees that: delivery is a separate service that is not an integral part of the Goods purchased by the Buyer, the completion of which ends at the time of receipt by the Buyer of the Goods and its payment. Claims to the quality of the purchased Goods, which arose after receipt and payment for the Goods, are considered in accordance with the Law of Ukraine "On Consumer Protection".
5.9. In case of disputes over the quality of the Goods, the cost of delivery to the Buyer is not reimbursed.
5.10. Buyer's claims regarding the conformity of the ordered names of the Goods delivered, the work of the courier and the quality of the Goods may be sent to the Seller.6. Payment for the Goods
6.1. The price of the Goods is indicated in hryvnias and includes value added tax, and in cases specified by law - excise tax.
6.2. The amount of the order consists of the total cost of the ordered Goods.
6.3. The price of the goods is indicated on the Website. In case of an error in the determined prices of the Goods ordered by the Buyer, the Seller informs the Buyer about it during confirmation of the Order. If it is impossible to contact the Buyer at the phone number specified by him when placing the order, this Order is considered canceled.
6.4. The Price of the Goods indicated on the Website may be changed by the Seller unilaterally. Thus the price for the Goods ordered by the Buyer is not subject to change.
6.5. Payment for the goods is made by the Buyer in cash or by transferring funds to the current account of the Seller, upon receipt of the Order in the amount corresponding to the price of the Order. 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.
6.6. The Seller has the right to provide discounts on Goods and set a bonus program. Types of discounts, bonuses, order and conditions of accrual are indicated on the Website and may be changed by the Seller unilaterally.
6.7. In case of introduction of taxes and fees that are not included in the cost of goods (works, services) and payable by the Buyer, the amounts of such taxes and fees will be included in a separate line to the order and will be paid by the Buyer together with the value of the ordered Goods.7. Responsibility of the parties
7.1. In case of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall bear the responsibility provided by the laws and this Agreement.
7.2. The Seller shall not be liable for damage caused to the Buyer as a result of improper use of the Goods purchased by him.
7.3. In cases not provided for in this Agreement, the Parties shall bear the responsibility established by the current legislation of Ukraine.
7.4. The Seller considers the claims of the Buyers within 30 (thirty) days from the date of receipt of such claims.
7.5. The Buyer is responsible for the correctness of the data entered in the Order form.8. Dispute resolution procedure
8.1 All disputes that may arise in connection with this Agreement or in connection with its implementation, the Buyer and Seller resolve by negotiation. The pre-trial procedure for settling the dispute is mandatory.
8.2 All disputes are considered in the presence of a written claim sent by registered mail to the address of the Seller by mail.
8.3 In the event that the Buyer and the Seller are unable to reach an agreement on the disputed issues through negotiations, these issues shall be resolved in accordance with applicable law of Ukraine.9. Confidentiality and protection of information
9.1. The Buyer gives his consent to the Seller to collect, process, accumulate, store and use his personal data (surname, name, patronymic, mobile phone number and other personal data), as well as transfer them to third parties solely for the purpose and within ensuring that the Seller fulfills the obligations assigned to him in accordance with the terms of this offer. The Buyer's personal data are processed in accordance with the Law of Ukraine "On Personal Data Protection". The Buyer's personal data is stored in the Seller's database. The Buyer's personal data is collected solely for the purpose of fulfilling the conditions of this offer, compliance with the rules in the field of tax relations, relations in the field of accounting and relations in the field of advertising.
9.2. When placing an order, the Buyer provides the following information: Surname, name, patronymic, delivery address of the order, contact phone number. By ordering the Goods on the Seller's Website or by telephone, the Buyer agrees to the collection and processing of such information. The provision of inaccurate information or failure to provide such information may be grounds for suspending the provision of services and the sale of goods. In this case, the Seller is not liable for any damage caused to the Buyer, failure to perform services and non-sale of the Goods.
9.3. 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.
9.4. The seller has the right to use the technology "Cookies". Cookies do not contain confidential information and are not passed on to third parties.
9.5. The seller may obtain information about the IP address of visitors to the Website. This information is not used to identify the visitor.
9.6. Seller is not responsible for the information provided by Buyer on the Website in a publicly available form.
9.7. The Seller has the right to record telephone conversations with the Buyer, having previously notified the Buyer of such recording. In this case, the Seller undertakes: to prevent attempts at unauthorized access to information obtained during telephone conversations, and / or transfer it to third parties who are not directly related to the execution of Orders, in accordance with the Law of Ukraine "On Information".
9.8. All textual information and graphics posted on the Website are the property of the Seller.
9.9. The Seller undertakes: to observe confidentiality regarding the Buyer's personal data and not to allow attempts of unauthorized use of the Buyer's personal data by third parties.10. Additional conditions
10.1. The Seller has the right to assign or in any other way transfer its rights and obligations arising from its relationship with the Buyer to third parties.
10.2. The Website may be temporarily partially or completely unavailable due to technical, preventive or other work, or for any other technical reasons.
10.3. On all issues that are not provided by the terms of this offer, the Buyer and the Seller are guided by the current legislation of Ukraine.
10.4. The agreement comes into force from the moment of its acceptance - according to items 1.2 and 1.5. of this Agreement and is valid until the Parties fulfill their obligations fully.