Public offer agreement
Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offering Agreement - the Buyer, on the other hand, hereinafter - the Parties, have entered into this Public Offering Agreement (hereinafter - the Agreement) addressed to an unlimited number persons, which is the official public offer of the Seller to enter into an agreement with Buyers for the sale of Goods, photos of which are posted in the relevant section of the Website https://food.mandryk.kiev.ua/.
Sellers who intend to sell the Goods through the Website https://food.mandryk.kiev.ua/ and Buyers when purchasing Goods, images of which are posted on the relevant pages of the Website https: //food.mandryk.kiev. ua /, accept the terms of this Agreement below.
1.1. The contractual relationship between the Seller and the Buyer is executed in the form of a Public Offer Agreement. Clicking on the website https://food.mandryk.kiev.ua/ in the relevant section of the button "ORDER" means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), according to current international and Ukrainian legislation, has fulfilled the terms of the Public Offer Agreement, which are listed below.
1.2. The public offer agreement is public, ie in accordance with Articles 633, 641 of the Civil Code of Ukraine its conditions are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and conditions of the order, payment and delivery of goods by the Seller, liability for unfair Order and failure to comply with the terms of this Agreement.
1.3. This Agreement shall enter into force upon clicking on the "ORDER" button, by which the Buyer agrees to purchase the goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and full settlement with him.
1.4. In order to regulate contractual relations under the Agreement, the Parties shall select and, if necessary, apply Ukrainian legislation. If an international agreement, the binding nature of which has been approved by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian law, the rules of the international agreement shall apply.
TERMS AND DEFINITIONS
"Public Offer Agreement" - a public agreement, a sample of which is posted on the Website https://food.mandryk.kiev.ua/, and the application of which is mandatory for all Sellers, which contains the Seller's offer to purchase the Goods, the image of which posted on the Website https://food.mandryk.kiev.ua/, aimed at an indefinite number of people, including Buyers.
"Acceptance" - acceptance by the Buyer of the Seller's offer to purchase the Goods, the image of which is posted on the Website https://food.mandryk.kiev.ua/, by adding it to the virtual basket and sending the Order.
"Goods" - the subject of trade (product, model, accessory, components and related items, any other trade items), the purchase of which on the Website https://food.mandryk.kiev.ua/ posted the offer of the Seller.
"Buyer" - any able-bodied natural person, legal entity, natural person-entrepreneur, in accordance with current Ukrainian legislation, who visited the Website https://food.mandryk.kiev.ua/ and intend to purchase a particular Product.
"Seller" - any capable natural person, legal entity, natural person-entrepreneur, in accordance with applicable international and Ukrainian law, who are the owners or distributors of the Goods and through the Website https://food.mandryk.kiev.ua/ have intention to sell it.
"Order" - duly executed and posted on the Website https://food.mandryk.kiev.ua/ Buyer's application for the purchase of Goods addressed to the Seller.
"Legislation" - established by Ukrainian or international law rules for the regulation of contractual relations under the Treaty.
"Significant defect of the Goods" - a defect that makes it impossible or inadmissible to use the Goods in accordance with its intended purpose, caused by the fault of the manufacturer (Seller), after its elimination manifests itself again for reasons beyond the consumer's control.
SCOPE OF THE CONTRACT
3.1. The Seller undertakes to sell the Goods on the terms and in the manner specified in this Agreement on the basis of the Order placed by the Buyer on the relevant page of the Website https://food.mandryk.kiev.ua/, and the Buyer undertakes on the terms and in in the manner prescribed by this Agreement, to purchase the Goods and pay for it.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and there are no rights of third parties to it.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or fictitious agreement or an agreement concluded under the influence of pressure or deception.
3.4. The Seller confirms that it has all the necessary permits to conduct business activities that regulate the scope of legal relations arising and operating in the course of implementation of this Agreement, and guarantees that it has the right to produce and / or sell
of the goods without any restrictions, in accordance with the requirements of current legislation of Ukraine, and undertakes to be liable in case of violation of the rights of the Buyer in the course of performance of this Agreement and the sale of the Goods.
RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller must:
comply with the terms of this Agreement;
fulfill the Buyer's order in case of receipt of payment from the Buyer;
to transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the Website https://food.mandryk.kiev.ua/, executed by the Order and the terms of this Agreement;
check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse;
to inform the buyer about the possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this agreement.
4.2. The seller has the right to:
unilaterally suspend the provision of services under this Agreement in the event of breach by the Buyer of the terms of this Agreement.
Business entity from among the persons offering for purchase on the Website https://food.mandryk.kiev.ua/ Goods according to the only agreed rules set out in this public offer agreement. *
BUYER'S RIGHTS AND OBLIGATIONS
5.1. The buyer must:
timely pay and receive orders under the terms of this Agreement;
get acquainted with the information about the Goods, which is posted on the Website https://food.mandryk.kiev.ua/
upon receipt of the Goods from the person who delivered them, make sure of the integrity and completeness of the Goods by inspecting the contents of the package. In case of detection of damage or incomplete equipment of the Goods - to record them in the act, which together with the Buyer must be signed by the person who delivered it to the Buyer.
5.2. The buyer has the right to:
place an order on the relevant page of the Website https://food.mandryk.kiev.ua/;
require the Seller to comply with the terms of this Agreement;
to inform about the possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
6.1. The Buyer places the Order on the relevant page of the Website https://food.mandryk.kiev.ua/ by adding the Goods to the virtual basket by clicking the "Add to cart!" Button, or by placing an order by e-mail or phone number, specified in the contact section of the Website https://food.mandryk.kiev.ua/.
6.2. Term of formation of the Order is up to 2 working days from the moment of its registration. If the Order is sent on a weekend or holiday, the term of formation begins on the first day after the weekend.
CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and indicated on the relevant page of the Website https://food.mandryk.kiev.ua/. The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price, which is determined depending on the method of delivery in accordance with the terms of Section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or range of goods.
7.3. The Buyer can pay for the Order in the following ways:
1) by bank transfer of money to the current account of the Seller specified in the account, including by means of Internet banking (the Buyer pays for the Order within three days from the date of receipt of the invoice in the amount of 100% of the subscription).
2) cash on delivery upon receipt of the Order in the representative office of the delivery service in Ukraine or in another country in accordance with the place of ordering the Goods.
3) Credit card of the following type:
4) in any other way as agreed with the Seller.
Note. If the Buyer pays for the order with a payment card, the issuer of this card may charge an additional fee, in particular, if the Buyer pays for the order with a payment card, an additional fee may be charged when the Buyer pays for European orders with Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro By clicking on the website https://food.mandryk.kiev.ua/ in the relevant section of the button "ORDER" means that the Seller informed the Buyer about the possibility of charging an additional fee when paying by the Buyer for European orders, issuer of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.
TERMS OF DELIVERY OF GOODS
8.1 The Buyer receives the Goods by delivery, or receives it in person. The order of payment and receipt is indicated on the relevant page of the Website https://food.mandryk.kiev.ua/.
8.2. When delivering the Goods to other cities of Ukraine or in another country, performed by other Delivery Services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees with the Rules of Carriage of Goods by these Carrier Companies.
8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Companies-carriers, the Buyer confirms with his own painting in the consignment note, the declaration of the Carrier, or in the expense invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods of the Carrier Company in the amount specified and paid by the Buyer, complete according to the specification of this Goods and in proper (working) condition and quality.
8.4. In the absence of the Buyer at the delivery address specified by the Buyer in the application or the Buyer's refusal to receive the Goods for unreasonable reasons, upon delivery by courier of the Carrier, the Goods are returned to the shopping center shipment. Payment for the services of the Carrier Company is deducted from the amount transferred by the Buyer for the Goods. The remaining amount is returned to the Buyer on the basis of his letter sent to e-mail: email@example.com indicating the current account to which the money must be returned.
All questions that have arisen in the process of payment and receipt of the Goods, the Buyer can find out from the contact details in the Contacts section.
CONDITIONS OF RETURN OF GOODS
9.1. According to Art. 9 of the Law of Ukraine "On Consumer Protection", the Buyer has the right to exchange the Goods of proper quality within fourteen days, excluding the day of purchase, unless a longer period is announced by the Seller. The Buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Goods, such return is made in accordance with the section of the "Return" Site, subject to the rules and conditions of the carrier or courier, valid in Ukraine or in another country according to the place of receipt of the Goods.
9.3. In case of at least one of the listed defects, the Buyer is obliged to fix it in the drawn up act of any form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, defects should be recorded by means of photography or video. Within 1 (one) day, the Buyer is obliged to notify the manager (representative of the Seller responsible for ordering the Goods) of the identified defects and agree to replace the Goods, filling out a complaint form to return the Goods on the website https: //food.mandryk.kiev .ua /.
9.4. The Parties agree that in case of non-compliance with the mandatory requirements of this procedure, the Buyer is deemed to have received the Goods in good condition - without any mechanical damage and in full.
RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES
10.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and applicable international and Ukrainian law.
10.2. In the event of disputes related to the performance of the Parties to this Agreement, except for disputes concerning the recovery of debt from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. In disputes in connection with the recovery of debts from the Buyer compliance with the claims procedure is not required.
10.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its implementation, breach, termination or invalidity, shall be settled in an appropriate court in accordance with international and Ukrainian substantive and procedural law.
FORCE MAJOR CIRCUMSTANCES
11.1. The Parties shall not be liable for non-performance of any of their obligations, except for payment obligations, if they prove that such non-performance was caused by force majeure, ie events or circumstances really beyond the control of such Party, occurred after conclusion of this Agreement, which are unforeseen and unavoidable.
Force majeure includes, but is not limited to, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, hazards and accidents. at sea, embargoes, catastrophes, restrictions imposed by public authorities (including allocations, priorities, formal requirements, quotas and price controls), if these circumstances directly affected the implementation of this Agreement.
11.2. A Party that has become unable to fulfill its obligations under this Agreement due to force majeure shall immediately notify the other Party in writing of the occurrence of the above circumstances, and within 30 (thirty) calendar days to provide the other Party with confirmation of force majeure . Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.
11.3. The time required by the Parties to fulfill their obligations under this Agreement shall be extended for any period during which was postponed due to the above circumstances.
11.4. If, due to force majeure, the non-performance of obligations under this Agreement lasts for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing. Notwithstanding the occurrence of force majeure, before the termination of this Agreement due to force majeure, the Parties shall make final settlements.
Notwithstanding the occurrence of force majeure, before the termination of this Agreement due to force majeure, the Parties shall make final settlements.
OTHER TERMS OF THE AGREEMENT
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the purpose of fulfilling his Order (sending a message to the Seller about the order of the Goods, sending advertising messages, etc.).
12.2. By self-acceptance of the Agreement or registration on the Website https://food.mandryk.kiev.ua/ (filling in the registration form) the Buyer voluntarily agrees to the collection and processing of personal data for the following purpose: the data that becomes known will be used for commercial purposes , including for processing orders for the purchase of goods, obtaining information about the order, sending telecommunication means (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about the Web -site https://food.mandryk.kiev.ua/.
For the purposes provided for in this paragraph, the Buyer has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send sms-messages, make calls to the telephone number specified in the questionnaire.
12.3. The buyer gives the right to process his personal data, including: to place personal data in the database (without additional notice), to carry out lifelong data storage, accumulation, update, change (as needed). The Seller undertakes to protect data from unauthorized access by third parties, not to disseminate or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for these objectives, as well as at the request of the competent state authority).
12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller, writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
12.5. The Seller is not responsible for the content and truthfulness of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified in the order.