Public offer agreement
1. General Provisions.
The online store http://ecopizza.com.ua/ (hereinafter referred to as the seller) publishes this agreement, which is a public offer agreement (hereinafter referred to as the agreement) and has the appropriate legal force, on the sale of goods presented on the official website of the Seller in address of both individuals and legal entities (hereinafter referred to as the buyer).
According to articles 633, 641, 642 of the Civil Code of Ukraine (hereinafter referred to as the CCU) and the Rules for the sale of goods on order and outside retail or office premises, approved by order of the Ministry of Economy of Ukraine dated April 19, 2007 No. 103, this document is an offer, and the fact that the Buyer , orally (by phone or in a store, office) or in writing (via the website or e-mail) form, and the receipt of this order by the seller - the full and unconditional acceptance of this Public Agreement and the information posted on the site.
The use of services and the purchase of goods, services by the online store http://ecopizza.com.ua/ provides for the consent of the person using the services or buying goods with the rules, prices, 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 up-to-date;
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 foregoing, carefully read this agreement (public offer) and if you do not agree with any of the clauses of the offer, please leave the site.
In this Agreement, unless the content requires otherwise, the following terms shall be interpreted as follows:
"Offer" - a public offer of the Seller, addressed to any individual and legal entity, in order to conclude a contract of sale, on the existing conditions specified in the Agreement.
"Product" - a list of assortment items presented on the Seller's official website, but not limited to the website.
"Seller" - a company that sells the Goods presented in the online store, but is not limited to the site.
"Buyer" - an individual or legal entity that 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, without signing the Agreement in writing.
"Order" - individual items according to the assortment list of the Goods specified by the Buyer when placing an order on the Seller's website or ordered in any other way.
"Courier delivery" - the direct transfer of goods from the Seller to the Buyer by an independent contractor providing services to the Seller in accordance with a separate concluded agreement. The seller does not deliver the goods on his own.
"Online store" - the web page of the seller https://ecopizza.com.ua/
"Place of sale of the Goods" - a catering establishment (restaurant, production) of the Seller.
2. Subject of the contract.
2.1. The Seller sells the Goods to the Buyer in accordance with the prices valid at the time of the order, and the Buyer pays for and accepts 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 goods are sold on the Seller's website http://ecopizza.com.ua/ or at the Seller's office.
3. The moment of conclusion of the contract.
3.1. The text of the agreement is a public offer (according to articles 633, 643 of the Civil Code of Ukraine and the Rules for the sale of goods to order outside retail or office premises, approved by order of the Ministry of Economy of Ukraine dated April 19, 2007 No. 103).
3.2. The fact of placing an order with the Seller, either independently or with the help of an operator, is an unconditional acceptance of the terms of this Agreement, and the Buyer subsequently acts as a person who has entered into a contractual relationship. The Buyer undertakes to independently 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 the Buyer enters into a contractual relationship with the Seller is the moment of ordering the Goods, regardless of the method of order and form of payment.
3.4. At the written request of the Buyer, the Seller draws up an agreement with the signatures of the parties.
3.5. The Buyer independently and at his own will 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 notifying the Buyer.
4.3. The final price specified by the manager when placing an order.
4.4. The prices indicated on the website https://ecopizza.com.ua/ are about introductory character.
5. Payment for the product.
5.1. In 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 http://ecopizza.com.ua/ is made in the national currency of Ukraine in accordance with the prices and tariffs established at the time of purchase of goods or receipt of services.
5.3 Payment for goods and services of the online store http://ecopizza.com.ua/ is made in accordance with the section "delivery" published on the website http://ecopizza.com.ua/. Payment is credited only if the order published on the site is observed.
5.4. In case of non-payment, incomplete or late payment, http://ecopizza.com.ua/ reserves the right to not provide the goods, suspend or completely fail to fulfill its obligations and is not responsible for the possible consequences of such a decision / actions.
5.5. In case of a non-cash form of payment, the Buyer's obligation to pay the cost of the goods is considered fulfilled from the moment the relevant funds are credited to the Seller's settlement account.
5.6. In case of a 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, receipt of payment, etc.).
5.7. Prices for any item of the Goods may be changed by the Seller unilaterally. In the event of a change in the order price of the item of the Goods for payment for 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 communication with the Buyer, the Order is considered canceled within 24 hours from the moment the price of the goods changes.
6. Delivery of goods.
6.1. The Buyer has the right to receive the goods ordered by him through self-pickup (self-delivery) from the catering (restaurant) of the Seller, or use the services of courier delivery. The Seller does not independently deliver the ordered Goods to the Buyer.
6.2. Pickup is carried out by the Buyer from the catering (restaurant) of the Seller, which will be indicated in the order.
6.3. Courier delivery of the order to the Buyer is made in agreement with the Buyer and to the address indicated by him.
6.4. Delivery of the order is carried out within the city of Dnipro, unless otherwise provided by a preliminary agreement between the parties.
7. Sale of goods and services.
7.1. The online store http://ecopizza.com.ua/ does not guarantee the unconditional execution of the order. All services and products are provided on an "as is" basis. The involved technical systems (web page and site http://ecopizza.com.ua/) may include undetected technical errors, the consequence of which is the impossibility of fulfilling an order, purchasing goods or its untimely fulfillment. In addition, circumstances caused by a human factor or force majeure may lead to the impossibility of fulfilling an order or its untimely fulfillment.
7.2. In case of impossibility or untimely fulfillment of the obligations assumed under the circumstances set forth in clause 7.1 (excluding "force majeure"), the online store http://ecopizza.com.ua/ is liable within the amounts received from customers in as payment for goods or services.
7.3. The online store http://ecopizza.com.ua/ does not and in no case can bear any material responsibility that goes beyond the amounts received from the client as payment for goods and services.
7.4. The online store http://ecopizza.com.ua/ reserves the right to refuse to provide services or sell goods to the Buyer if he is unable to provide the relevant product and / or service.
7.5. The funds paid by the Buyer are not returned in the following cases:
A) refusal of the client from the received service or product after payment and receipt from the courier;
B) by a court decision;
C) if this product is of proper quality.
7.6. The place of sale of the Goods is the catering (restaurant) of the Seller.
8. Liability to third parties.
8.1. The online store http://ecopizza.com.ua/ does not bear any responsibility for the use or subsequent use of goods and services purchased in the online store http://ecopizza.com.ua/ and with its help.
8.2. The online store http://ecopizza.com.ua/ does not bear any responsibility, subject to the occurrence of any circumstances arising through no fault of the online store, namely, the occurrence of circumstances arising through the fault or negligence of the Buyer and / or the occurrence of circumstances .
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 the current legislation of Ukraine.
9.1.2. Provide the Buyer with the opportunity to receive free telephone consultations at the numbers indicated on the website (http://ecopizza.com.ua/). 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 the event of force majeure.
9.1.4. The Seller reserves the right to change this Agreement unilaterally until the moment of its conclusion.
9.2. The Seller is not responsible for the improper use of goods by the Buyer ordered in the online store.
9.3. The Seller has the right to transfer its rights and obligations to fulfill Orders to third parties.
9.4 The Buyer undertakes:
9.4.1. By the time of contacting the online store http://ecopizza.com.ua/, familiarize yourself with the content of the Offer Agreement, the terms of payment and delivery on the store's website.
9.5. Ownership of the Order, as well as the risk of its accidental damage or loss, passes to the Buyer from the moment the goods are handed over.
10. Force majeure events.
10.1. The parties are released from liability for non-fulfillment or improper fulfillment of obligations under the terms of the contract for the duration of force majeure. Force majeure means extraordinary and insurmountable circumstances under the given conditions that prevent the parties from fulfilling their obligations under this Agreement. These include natural phenomena (earthquakes, floods, etc.), circumstances of public life (military actions, states of emergency, the greatest strikes, epidemics, etc.), prohibiting measures of state bodies (traffic ban, currency restrictions, international sanctions , trade bans, etc.). During this time, the parties do not have mutual claims and each of the parties assumes the risk as a result of force majeure.
11.1. All textual information and graphic images posted on the website of the online store (http://ecopizza.com.ua/) 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 for the provision of services and / or the purchase of goods received or purchased. The information provided by the Buyer, if necessary, can be published in open sources.
12.2. The online store http://ecopizza.com.ua/ has the right, at its discretion, to demand from the Buyer documentary confirmation of the authenticity of the information provided.
12.3. Providing inaccurate information or failure to provide such information at the request of the online store http://ecopizza.com.ua/ may serve as a reason for the suspension of the provision of services or the sale of goods. At the same time, the online store http://ecopizza.com.ua/ is not responsible for any losses caused to the Buyer in the event of a suspension of non-performance of services or non-sale of goods, provided that clause 12.1 is not complied with.
12.4. The Seller collects and processes the Buyers' personal data (namely: the Buyer's last name, first name, patronymic, delivery address; contact numbers, email 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 goods through the online store http://ecopizza.com.ua/, the buyer agrees to the collection and processing of the information provided by him.
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 keep the personal data of the Buyers confidential; prevent attempts of unauthorized use of personal data of Buyers by third parties; exclude access to personal data of Buyers, persons not directly related to the execution of the Application, except as provided by the current legislation of Ukraine.