PUBLIC AGREEMENT (OFFER)
for ordering, purchase and sale, and delivery of goods
This agreement is an official and public offer of the Seller to conclude a contract of purchase and sale of the Product presented on the website https://foodsup.com.ua. This agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without granting preference to one buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and procedure for placing an order, payment for goods, delivery of goods, return of goods, liability for dishonest ordering, and all other terms of the agreement. The Agreement is considered concluded from the moment the “Confirm Order” button is clicked on the order checkout page in the “Cart” section and the Buyer receives electronic confirmation of the order from the Seller.
1.Definitions of terms
1.1. Public offer (hereinafter – the “Offer”) – a public proposal of the Seller addressed to an indefinite circle of persons to conclude with the Seller a contract of purchase and sale of goods by remote means (hereinafter – the “Agreement”) on the terms contained in this Offer.
1.2. Product or Service – the object of the parties’ transaction which was selected by the Buyer on the Online Store website and placed in the cart, or has already been purchased by the Buyer from the Seller by remote means.
1.2. Online Store – the Seller’s website at https://foodsup.com.ua created for concluding retail purchase and sale agreements based on the Buyer’s familiarization with the Product description offered by the Seller via the Internet.
1.3. Buyer – a capable individual who has reached 18 years of age, receives information from the Seller, places an order to purchase the goods presented on the Online Store website for purposes not related to entrepreneurial activity, or a legal entity or an individual entrepreneur.
1.4. Seller – Individual Entrepreneur Boyko Mariia Volodymyrivna (RNOKPP 2875711725), who is registered and carries out her entrepreneurial activity in accordance with the current legislation of Ukraine, whose registered location is: Ukraine, 03191, city of Kyiv, Kistiakivskykh Rodyny Street, building 6, apartment 7-85.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer the Product into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Product on the terms of this Agreement.
2.2. The date of conclusion of the offer agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the date the Buyer fills out the order form located on the Online Store website, provided that the Buyer receives electronic confirmation of the order from the Seller. If necessary, at the Buyer’s request, the Agreement may be executed in written form.
3. Placing an Order
3.1. The Buyer independently places an order in the Online Store through the “Cart” form, or by placing an order by e-mail or by the phone number indicated in the contacts section of the Online Store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information specified by the Buyer when placing the order is incomplete or raises doubts as to its authenticity.
3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information required for the Seller to fulfill the order:
3.3.1. the Buyer’s last name and first name;
3.3.2. the address to which the Product should be delivered (if delivery is to the Buyer’s address);
3.3.3. contact phone number.
3.3.4. identification code for a legal entity or an individual entrepreneur.
3.4. The name, quantity, article number, and price of the Product selected by the Buyer are indicated in the Buyer’s cart on the Online Store website.
3.5. If any of the Parties to the Agreement requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller shall not be responsible for providing the Buyer with a quality service when purchasing goods in the online store.
3.6. When placing an order through the Seller’s operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3–3.4 of this Offer.
3.6. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data by the Buyer into the registration form on the Online Store website or when placing an Order through an operator. After placing an Order through the Operator, the Buyer’s data is entered into the Seller’s database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.8. By concluding the Agreement, i.e., accepting the terms of this proposal (offer) (the proposed terms of purchasing the Product) by placing an Order, the Buyer confirms the following:
a) the Buyer has fully and completely familiarized himself/herself with and agrees with the terms of this proposal (offer);
b) the Buyer gives consent to the collection, processing, and transfer of personal data; consent to the processing of personal data is valid throughout the term of the Agreement, as well as for an unlimited period after its termination. In addition, by concluding the agreement, the Buyer confirms that he/she is informed (without additional notification) about the rights established by the Law of Ukraine “On Personal Data Protection”, about the purposes of data collection, and also that his/her personal data is transferred to the Seller in order to enable fulfillment of the terms of this Agreement, the possibility of mutual settlements, as well as for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his/her personal data to third parties without any additional notifications to the Buyer for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a personal data subject in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood by him/her.
4. Price and Delivery of the Product
4.1. Prices for Products are determined by the Seller independently and are indicated on the Online Store website. All prices for Products are indicated on the website in hryvnias including VAT.
4.2. Prices for Products may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of the Product, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the Product indicated on the Online Store website does not include the cost of delivering the Product to the Buyer. The Buyer pays the delivery cost in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by the Buyer.
4.4. The cost of the Product indicated on the Online Store website does not include the cost of delivery of the Product to the Buyer’s address.
4.5. The Seller may indicate an approximate cost of delivery of the Product to the Buyer’s address upon the Buyer’s request to the Seller by sending an email or when placing an order through the online store operator.
4.6. The Buyer’s obligations to pay for the Product are considered fulfilled from the moment the Seller receives funds into its account.
4.7. Settlements between the Seller and the Buyer for the Product are carried out by the methods indicated on the Online Store website in the “Payment and Delivery” section.
4.8. Upon receiving the Product, the Buyer must, in the presence of a representative of the delivery service (carrier), check the Product for compliance with qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).
4.9. The Buyer or his/her representative, when accepting the Product, confirms by signature on the sales receipt and/or in the order and/or in the transport waybill for delivery of goods that he/she has no claims regarding the quantity of the goods, the appearance, and the completeness of the Product.
4.10. Ownership and the risk of accidental loss or damage to the Product pass to the Buyer or his/her Representative from the moment the Buyer receives the Product at the place of delivery when the Product is collected by the Buyer from the Seller on a self-pickup basis, or when the Seller transfers the Product to the delivery service (carrier) chosen by the Buyer.
5. Rights and obligations of the Parties
5.1. The Seller is obliged to:
5.1.1. Transfer the Product to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.
5.1.2. Not disclose any personal information of the Buyer and not provide access to this information to third parties, except in cases provided by law and during fulfillment of the Buyer’s Order.
5.2. The Seller has the right to:
5.2.1. Change the terms of this Agreement, as well as prices for Products and services, unilaterally by posting them on the Online Store website. All changes take effect from the moment of their publication.
5.3. The Buyer undertakes to:
5.3.1. Before concluding the Agreement, familiarize himself/herself with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Online Store website.
5.3.2. For the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary data that clearly identify him/her as the Buyer and are sufficient to deliver the ordered Product to the Buyer.
6. Return of the Product
6.1. The Buyer has the right to return to the Seller a non-food Product of proper quality if the Product did not satisfy him/her in terms of shape, dimensions, style, color, size, or for other reasons cannot be used for its intended purpose. The Buyer has the right to return a Product of proper quality within 14 (fourteen) days, not counting the day of purchase. Return of a Product of proper quality is carried out if it has not been used and if its merchantable condition, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for payment of the Product are preserved. The list of Products not subject to return on the grounds provided in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. Refund to the Buyer of the cost of a Product of proper quality is carried out within 30 (thirty) calendar days from the moment the Seller receives such Product, provided that the requirements предусмотрені by clause 6.1 of the Agreement and the current legislation of Ukraine are complied with.
6.3. The cost of the Product is refunded by bank transfer to the Buyer’s account.
6.4. Return of a Product of proper quality to the Seller’s address is carried out at the Buyer’s expense and is not reimbursed by the Seller to the Buyer.
6.5. If defects in the Product are discovered within the установленого warranty period, the Buyer personally, in the manner and within the сроки established by the legislation of Ukraine, has the right to предъявити to the Seller the claims provided by the Law of Ukraine “On Consumer Rights Protection”. When предъявлення of claims for free устранення of defects, the period for their устранення is counted from the date the Seller receives the Product into its possession and physical access to such Product.
6.6. Consideration of claims provided by the Law of Ukraine “On Consumer Rights Protection” is carried out by the Seller provided that the Buyer submits the documents provided by the current legislation of Ukraine. The Seller is not responsible for defects in the Product that arose after its transfer to the Buyer as a result of the Buyer’s violation of the rules of use or storage of the Product, actions of third parties, or force majeure.
6.7. The Buyer does not have the right to refuse a Product of proper quality that has individually determined properties if the specified Product can be used exclusively by the Buyer who purchased it (including, at the Buyer’s request, non-standard sizes, characteristics, appearance, комплектність, etc.). Confirmation that the Product has individually determined properties is the difference in the Product’s sizes and other characteristics indicated in the online store.
6.8. Return of the Product, in cases provided by law and this Agreement, is carried out at the address indicated on the website in the “Contacts” section.
7. Liability
7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Product purchased from the Seller.
7.2. The Seller is not responsible for improper or untimely fulfillment of Orders and its obligations in the case the Buyer provides inaccurate or erroneous information.
7.3. The Seller and the Buyer bear responsibility for fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer is released from liability for full or partial non-performance of its obligations if such non-performance is the result of force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. The Party that is unable to fulfill its obligations shall immediately notify the other Party.
8. Confidentiality and protection of personal data.
8.1. By providing their personal data on the Online Store website during registration or placing an Order, the Buyer gives the Seller his/her voluntary consent to the processing, use (including transfer) of his/her personal data, as well as the performance of other actions provided by the Law of Ukraine “On Personal Data Protection”, without limitation of the term of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation if the Seller provides information to counterparties and third parties acting on the basis of an agreement with the Seller, including for fulfilling obligations to the Buyer, as well as in cases where disclosure of such information is required by the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping his/her personal data up to date. The Seller is not responsible for improper performance or non-performance of its obligations due to outdated information about the Buyer or its inconsistency with reality.
9. Other conditions
9.1. This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. If settlement of the disputed issue cannot be achieved through negotiations, the Buyer and/or the Seller have the right to apply to the judicial authorities for dispute resolution in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally in the manner provided in clause 5.2.1 of the Agreement. In addition, changes to the Agreement may also be made by mutual consent of the Parties in the manner provided by the current legislation of Ukraine.
SELLER’S ADDRESS AND DETAILS:
Individual Entrepreneur (FOP) Boyko Mariia Volodymyrivna
Registered location: Ukraine, 03191, city of Kyiv,
Kistiakivskykh Rodyny Street, building 6, apartment 7-85
+380505748212
Taxpayer ID (IPN) 2875711725
IBAN UA503052990000026008040113673,
JSC CB “PRIVATBANK”