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This Agreement is an agreement between the pizza delivery service La Piec (hereinafter referred to as the “Seller”) and any individual that accepted the terms of this Agreement (hereinafter the “Buyer” ), together referred to as “Parties”, entered into this Agreement, addressed to an unlimited number of persons, which is an official public offer of the Seller. With the full agreement with this Agreement, the Buyer accepts the conditions and procedure for ordering, paying for goods, delivery of goods, the assortment and detailed information about which is located on the Seller’s website http://striy-lapiec.com.ua.
The terms of this Agreement are as follows.
1. GENERAL PROVISIONS
1.1. The contractual relationship between the Buyer and Seller are made out in the form of a public offer contract.
1.2. The public offer contract is public, i.e. In accordance with Article 633, 641 of the Civil Code of Ukraine, its conditions are the same for all buyers, regardless of status (individual, legal entity, individual entrepreneur). With the full agreement with this Agreement, the buyer accepts the conditions and procedure for placing an order, paying for the goods, delivering the goods, liability for an unfair order and for failure to comply with the terms of this agreement.
2. TERMS AND DEFINITIONS
“Public offer agreement” – is a public agreement, the sample of which is located on the website http://striy-lapiec.com.ua., that contains an offer of the Seller in regard to the purchase of Goods, the assortment and the detailed information on which is located on the website http://striy-lapiec.com.ua, and is addressed to an unidentified circle of persons.
“Offer Accept” – the acceptance by the Buyer of the Seller’s offer regarding the purchase of Goods, the assortment and the detailed information on which is located on the website http://striy-lapiec.com.ua by adding it into a virtual cart and submitting the Order.
“Website” – website http://striy-lapiec.com.ua.
“Goods” – dishes and beverages offered for sale, according to the assortment and prices indicated on the website http://striy-lapiec.com.ua.
“Seller” – wood-fired pizza delivery service La Piec.
“Buyer” – any legal person, legal entity, individual entrepreneur, according to the current Ukrainian legislation, who has visited http://striy-lapiec.com.ua site, who intends to purchase the Goods, and pay for the receipt of such Goods.
“Order” – the Buyer’s voluntary application for the purchase of Goods addressed to Seller.
3. SUBJECT OF THE PUBLIC OFFER AGREEMENT
3.1 The Seller undertakes to sell Goods based on the Order submitted by the Buyer under the terms of this contract, and the Buyer undertakes to pay and accept the goods under the terms of this contract.
4. PROCEDURE OF ORDERING
4.1. The buyer can independently make an order online on the website or by means of telephone with the help of an agent.
4.2. The orders are accepted by the Seller from 10:00 to 23:00 without holidays and recess.
4.3. To place an Order through the Website, the Buyer must:
–select the Goods presented on the Website, their quantity, and click on “Order”, the Goods will be automatically added to the “Cart” section;
–fill the corresponding information in the electronic order form, choose the method of payment for the Goods;
–upon the completion of an order, choose “Place an order”.
4.4 The Order is considered placed and accepted to be delivered by the Seller, in the following cases:
4.4.1 Upon the completion by the Buyer of the actions on placing the order on the Website, a call center agent will get in touch with the Buyer by phone, specify the details of the order if necessary, and will confirm the Buyer taking of the corresponding order into processing;
4.4.2. Upon the completion by the Buyer of the order by phone, call center agent of the Seller will orally confirm to the Buyer taking of the corresponding order into processing;
4.5. In case the call center agent of the Seller does not confirm the Buyer taking of the corresponding order into processing, such order is considered not accepted and is not susceptible to be processed by the Seller.
4.6. The Buyer undertakes to bear full responsibility for the correctness and accuracy of the data specified by him/her when making an order.
4.7. The Seller undertakes to provide the Buyer with all information related to the Goods, processing, and performance of the order, and which is necessary for the making and performance of the order.
5. DELIVERY OF THE ORDER
5.1. The Goods are delivered by the Seller or by the third parties involved, or by pick up from the place of issue of the order. In case when it is not possible to contact the Buyer via the phone number indicated by him/her while making the order, the Order is considered canceled.
5.2. Pick up is carried out by the Buyer from the place chosen by the Buyer during the placing of the Order among the available options indicated by the call center agent of the Seller during the confirmation of the Order.
5.3. The delivery area of Goods offered on the Website is limited. The detailed information on the delivery area and the price of the minimum order are placed on the Website at the following link: http://striy-lapiec.com.ua/dostavka-ta-oplata/. Delivery is not carried out to the areas and/or city districts that are not indicated in this section. The detailed information about delivery addresses is provided by phone numbers specified on the Website.
5.4. Work hours and delivery time of the Seller are specified on the Website.
5.5. Delays in the delivery of Goods are possible due to unforeseeable circumstances that have occurred not due to the Seller’s fault.
5.6. Delivery of the Order to the Buyer is carried out by the Seller to the address specified in the Order.
5.7. The ownership of Goods, as well as the risk of its accidental damage or loss, are passed to the Buyer from the moment the Goods are transferred.
5.8. Upon acceptance of the Order, the Buyer is obliged to check the Goods for compliance with the Order and the integrity of the package. In the absence of claims to the delivered Goods, the Buyer pays the Order. Payment of Goods by the Buyer indicates that the claims to the Goods have not been declared and the Seller has fully and properly fulfilled his obligation to transfer the Goods.
6. PAYMENT FOR THE GOODS
6.1. The price of the Goods is indicated in UAH.
6.2. The total cost of the Order consists of the cost of all Goods indicated in the order confirmed by the Seller’s call center agent, taking into account the actual value of the Goods listed on the Site for the time of placing the order, all taxes and fees, as well as the cost of the complete set of the order.
6.3. The total cost of the order is communicated by the call center agent to the Buyer while placing the order.
6.4. Payment for the Goods is carried out in cash to the courier upon delivery of the Order, or through a non-cash payment, by making payment via bank cards on the Website or upon delivery of the order, or online using electronic payment.
6.5. Payment of Goods is carried out in the national currency of Ukraine.
6.6. In the event when the Buyer has chosen a non-cash payment method for the Order, the Goods shall be transferred to the Buyer only upon paying for the full cost of the Goods. In this case, the payment of the Goods is considered processed upon the moment of deposit of the corresponding funds to the Seller’s account.
6.7. The Seller has the right to suspend the performance of the Order and/or to cancel the Order unilaterally in case of non-performance or improper performance of the obligation to pay the corresponding order by the Buyer by the time of the order delivery to the address specified by the Buyer (in case of choosing courier delivery as a delivery means) or by the moment the Buyer submits requirements for the provision of Goods at the place of orders delivery (in case of choosing pick up at the place of orders delivery).
6.8. The cost and assortment of the Goods on the Website may be changed by the Seller at his own discretion at any time without the need to notify the Buyer thereof. In this case, the price of the Goods specified on the Website at the time of placing the specific order is relevant for the performance of this order.
7. PROCEDURE OF THE RETURN OF THE GOODS
7.1. The buyer has the right to refuse to accept the delivered Goods of inadequate quality after the inspection at the time of delivery of the Goods.
7.2. In case of refusal to accept the Goods of inadequate quality, the price of which was paid by the Buyer by non-cash payment method, the Seller shall return the funds for the Goods of inadequate quality to the Buyer during 3 banking days.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. Under this Agreement, the Seller undertakes to sell the Goods offered for sale on the Website in accordance with the properly placed Order of the Buyer and the conditions of this offer, and the Buyer undertakes to accept and pay the Goods ordered.
8.2. This Agreement applies to all Goods displayed on the Website at the time of placing the Order by the Buyer.
8.3. The Seller undertakes:
– to sell the Goods stipulated by the terms of this Agreement;
– to provide the opportunity to order and pay the Goods;
– to provide consultations on the use of the Website and placing the Order;
8.4. The Seller undertakes:
– refuse the sale and/or transfer of ordered Goods due to an improper performance by the Buyer of the obligations in accordance with this Agreement;
– to make amendments to this Agreement unilaterally;
– make changes to the information placed on the Website unilaterally and at one’s own discretion;
– involve third parties to fulfill the obligations to the Buyer;
– to change terms and/or time of delivery of Goods to the Buyer upon notification of the Buyer about such changes by the phone number specified by him/her while placing the order;
8.5. The Buyer undertakes:
– to comply with terms and conditions of this Agreement;
– to accept the Goods of proper quality, which corresponds to the Order of the Buyer;
– to pay the Goods prior to the delivery or at the time of delivery;
-to check the quantity and denomination of the ordered Goods upon delivery.
8.6. The Buyer undertakes: – to demand from the Seller to sell the Goods in accordance with the terms of this Agreement.
9. RESPONSIBILITY OF THE PARTIES
9.1. For non-performance or improper performance of the obligations under the Agreement, the Parties shall be liable in accordance with the present Agreement and the applicable laws of Ukraine.
9.2. The Seller shall not be liable for the damage done to the Buyer due to improper use of the purchased Goods.
9.3. In all matters not regulated by this Agreement, the Parties shall bear the responsibility in accordance with the applicable laws of Ukraine.
9.4. The Seller shall examine the Buyer’s claims within 30 (thirty) working days from the receipt of such claims.
9.5. The Buyer is responsible for the correctness of the data submitted to the Order form.
10. DISPUTE RESOLUTION
10.1. Any disputes arising out of or in connection with the present Agreement shall be settled by negotiation between the Parties. The pre-trial procedure for resolving a dispute is mandatory.
10.2. All disputes are considered in the presence of a written claim sent by registered mail by means of postal services.
10.3. Unable to settle the dispute by negotiation, the matter in dispute shall be referred to the relevant jurisdiction of the court in accordance with the applicable law of Ukraine.
11. CONFIDENTIALITY AND PERSONAL DATA
11.1. The Buyer gives consent for collecting, processing, storing, and using his/her personal data by the Seller (name, mobile phone number and other personal data), as well as transferring them to third parties solely for the purpose and within the scope of the Seller’s performance of the responsibilities in accordance with the terms of this offer. Personal data of the Buyer is processed in accordance with the Law of Ukraine on June 01, 2010 No. 2297-V “On Protection of Personal Data”. Buyer’s personal data is stored in Seller’s database. Personal data of Buyers is collected solely for the purpose of fulfilling the obligations specified by his offer, compliance with the rules in the field of tax relations, accounting, and advertising.
11.2. The seller has the right to send information, including promotional messages, to the Buyer’s mobile phone with his/her consent. The Buyer has the right to refuse to receive promotional and other information without explaining the reasons for the refusal by sending a written application for refusal to receive promotional 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 can not be rejected by the Buyer.
11.3. The Seller shall not liable for the information provided by the Buyer on the Website in a publicly accessible form.
11.4. The Seller has the right to record telephone conversations with the Buyer, after informing the Buyer about the recording beforehand. The Seller hereby undertakes: to prevent unauthorized access to information obtained during telephone conversations and/or transfer to third parties that are not directly related to the performing of the Orders in accordance to the Law of Ukraine of 02.10.1992 № 2657-XII “On Information”.
12. TERM OF THE AGREEMENT
12.1. This Agreement is considered to be concluded upon the completion of the Order by the Buyer and confirmation and acceptance of the Order to be performed by the Seller.
12.2. The Agreement is in force until the Parties fully comply with all the conditions of this Agreement.
13.1 All text information and graphic images posted on http://striy-lapiec.com.ua are the property of the La Piec Pizza Delivery Service.
14. FORCE-MAJEURE CIRCUMSTANCES
14.1. The seller shall not be liable for partial or complete non-fulfillment of obligations under this Agreement if such non-fulfillment of obligations is the result of force majeure circumstances. Force majeure circumstances are the extraordinary and irreversible circumstances that objectively make it impossible to fulfill obligations stipulated by the terms of this agreement, the emergence and existence of which is outside the Seller’s control.
The circumstances of force majeure include: threat of war, armed conflict or serious threat of such a conflict, acts of terrorism, sabotage, fire, explosion, long delays in the work of transport, regulated by the conditions of relevant decisions and acts of state authorities, embargo, prohibition (restriction) of export/import, etc., decisions of the authorities, changes in national legislation, failures in the work of technical systems used by the Seller, criminal actions of third parties towards the Seller, as well as caused by exceptional weather conditions and natural disasters, traffic congestion, etc.
15. OTHER TERMS
15.1. The Seller may assign or otherwise transfer his rights and obligations arising from his relations with the Buyer to third parties.
15.2. The Website may be temporarily or partially inaccessible due to technical, preventive or other work, or for any other technical reasons.
15.3. For all issues not covered by the terms of this offer, the Buyer and Seller are governed by the current legislation of Ukraine.
15.4. In the event of the establishment of special conditions regarding the assortment, the price of the Goods, other terms of order due to the special offers, etc. – such actions will not be considered a violation of Clause 2 of Art. 633 of the Civil Code of Ukraine.
15.5. When placing the Order, regardless of the way of processing (orally by phone or in electronic form on the Website), the Buyer confirms the following:
– The Buyer is familiar with the terms of this offer to conclude the Agreement and accepts them fully and unconditionally;
– The Buyer is familiar and agrees with the assortment and price of the Goods, the terms of payment and delivery, other terms of sale and purchase of the Goods specified on the Website;
– All data provided by the Buyer at the time of placing the order (list of Goods, personal data, delivery address, telephone number, etc.) is relevant and complete. The buyer provided all the necessary details of the order in regard to the assortment, quantity of Goods, etc. that he/she intended to provide, at the time of placing the order. Making changes to an order or canceling an order after confirmation is not allowed.
*Wood-fired pizza delivery service La Piec acts through a separate subject of entrepreneurial activity in each particular case.
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