In this public contract of sale, the terms are used in the following sense:
- A contract is a public purchase and sale agreement concluded at a distance, which provides for the sale of goods to an indefinite circle of customers through an online store.
- Goods - products and ready meals that are offered for sale in the online store under the terms of this Agreement.
- Seller – Vynohradska Olena Petrivna, registered at the address: 79059, Lviv, Khvylovogo str. 25/28. Contact details and working hours of the seller are indicated in the Contacts section on the website of this online store.
- Buyer – any legally capable person who, in accordance with the procedure provided for in this Agreement, has voluntarily fully accepted all its terms and conditions without exception.
- Online store - the seller's website created for concluding purchase and sale agreements based on the buyer's familiarization with the product description offered by the seller in photos, using the Internet, which excludes the possibility of direct familiarization of the buyer with the product – by remote method of selling the product.
2. Subject of the agreement
- In accordance with the procedure and conditions established by this Agreement, the seller undertakes to transfer the goods purchased by the buyer to the buyer's ownership, and the buyer undertakes to accept and pay for the goods in accordance with the procedure and conditions established by this Agreement.
- Ownership of the goods passes to the buyer at the time of delivery (transfer) of the goods to the buyer, subject to self – receipt, or at the time of delivery of the goods to the delivery service-subject to full payment by the buyer of the cost of the goods.
3. Purchase and delivery of goods
- The buyer can use the online store in guest mode or by registering in their personal account.
- The buyer, at their own discretion, selects the product offered for sale in the online store, clicks the "Add to Cart" button and independently fills out and sends the "place an order" form to the seller. When placing an order, the buyer indicates their last name, contact phone number, email address, the chosen method and the desired place of delivery of the goods (if the buyer wants to receive the goods with delivery).
- After filling out the "place an order" form, the buyer selects one of the payment methods available on the website and follows the further instructions displayed on the corresponding page of the online store.
- The price of the product displayed on the website of the online store does not include the bank Commission, which the buyer pays independently at the rates of the service bank.
- The price of the product displayed on the website of the online store does not include the cost of delivery of the product, which is calculated in accordance with the current tariffs of the delivery service.
- After placing an order, the online store administrator calls the buyer to confirm the order. Delivery time is 1-1.5 hours from this point on, and can be changed in case of objective factors that do not depend on the will of the seller.
- From the moment of order confirmation, this agreement is considered concluded, and the seller's offer to conclude this Agreement (offer) is fully accepted by the buyer. By confirming the order, the buyer expresses its full and complete consent to all the terms of this Agreement.
By confirming the order, the buyer confirms that he has been duly notified by the seller in a convenient and accessible way in accordance with the requirements of Part 2 of Article 13 of the law of Ukraine "on consumer rights protection" about:
- location and operating mode of the seller;
- main characteristics and consumer properties of the product selected by the buyer;
- the cost of the product selected by the buyer, as well as the cost of its delivery to the buyer;
- method, procedure and terms of payment and delivery of the product selected by the buyer;
- procedure for accepting claims;
- period of acceptance of the offer for the conclusion of this public agreement;
- procedure for termination of this Agreement;
- other conditions under which the product is offered for sale.
4. Delivery and transfer of goods to the buyer
- The buyer receives the goods by delivery or Self pick-up. The methods, procedure and terms of delivery of goods are indicated on the site in the "Payment and delivery" sections. The buyer specifies the procedure and conditions for receiving the ordered product when placing an order.
- The seller's obligation to transfer the goods to the buyer is considered fulfilled at the time of delivery of the settlement document to the buyer.
- When accepting an order from a courier, the buyer is obliged to check the goods for compliance with the ordered order and the integrity of the packaging. If there are no complaints about the delivered goods, the buyer accepts the goods and pays for the order, if they did not make the payment earlier in non-cash form through the seller's website. If the buyer fails to notify the seller (operators/managers of the seller's delivery service) of claims against the goods at the time of receipt of the Goods and within 10 minutes after its delivery, it is considered that no claims against the Goods have been made and the seller has properly and fully fulfilled its obligation to transfer the goods.
- 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 performance of which ends when the buyer receives the Goods and pays for them. Claims to the quality of the purchased goods that have arisen after receiving and paying for the goods are considered in accordance with the law of Ukraine «on consumer rights protection».
- If the buyer is absent from the delivery address specified by the buyer in the application or the buyer refuses to receive the goods for unjustified reasons, payment for the Goods is non-refundable.
- In the case of ordering food, the buyer cannot cancel their order after it is confirmed without the seller's consent.
5. Liability of the parties
- The seller is not responsible for any damage caused to the buyer as a result of improper use of goods purchased from the seller.
- The seller is not responsible for improper, late fulfillment of orders and its obligations if the buyer provides false or erroneous information.
- The seller and buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
- The seller has the right to assign or otherwise transfer its rights and obligations arising from its relationship with the buyer to third parties.
- The online store has the right to make changes to the text of this Agreement at its sole discretion at any time and without prior notice to customers. The current version of the agreement is always available on the website of the online store.
- By placing an order or registering on the website of the online store, the buyer voluntarily consents to the collection and processing of their own personal data for the following purposes: the data that becomes known to the seller will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, sending advertising and special offers by telecommunication means (e-mail, mobile communication), information about promotions, sweepstakes or any other information about the store's activities. The buyer can refuse to receive advertising offers without explaining the reasons for refusal.
- The buyer gives the seller the right to process his personal data, including: to place personal data in the buyer's databases, to store data, accumulate it, update it, and change it (as necessary) for 5 years. The seller undertakes to ensure that the data is protected from unauthorized access by third parties, not to distribute or transmit the data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the seller to carry out direct data processing for the specified purposes, as well as to a mandatory request from the competent state authority).