Public offer contract for the production order
Entrepreneur individual Chaban Bogdan (hereinafter - the Performer) offers an unlimited number of persons (hereinafter - the User, the Users) to conclude a Public Offer Agreement (hereinafter - the Contract) on the design of a service for the delivery of products (pizza and related goods) (hereinafter - the Service, Services ) using the odesa.veteranopizza.com site.
The Contractor acknowledges that it works with an unlimited number of Users and does not restrict the latter in accessing the services provided on the specified site.
Upon registration of the Service, the User confirms that he has read in full without limitation in time and agrees with the terms of the specified Agreement and the rules of use of this Site. The User may act within the Agreement on his own behalf and for his own benefit and / or on behalf of a third party and in its favor, in such a case, the User shall act solely within the authority of a third party.
This agreement is considered concluded from the moment of confirmation by the User of his / her consent by setting the appropriate mark when placing the order, namely by clicking the button «Make order».
The User and the Performer are aware of the general requirements of the conclusion of the Contracts, the observance of which is necessary for the validity of the transaction, possessing the full amount of civil capacity and civil capacity, have the respective powers to conclude such transaction, fully aware of the meaning of their actions, and in accordance with their freedom participants of this transaction, aiming at the real occurrence of legal consequences, understanding the legal nature of this transaction, as well as their rights and obligations under the DOG In accordance with applicable law, they have concluded this Agreement as follows:
1. SUBJECT OF THE CONTRACT:
1.1. The Contractor, under the terms of this Agreement, undertakes at the request of the User to manufacture the products, the characteristics of which correspond to the order, and to deliver it, if necessary, to a specific address, and the User undertakes to pay the full cost of the Service according to the cost set on the Site.
1.2. During the execution of the order, the User, at his own discretion, makes the choice of the product that he wishes to receive, determines the quantity of production, its size. The Artist does not in any way affect the User's choice.
1.3. The contractor on his site provides the following offers for ordering: "Pizza", "Half", "Special offers", "Pizza hanging", "Drinks". The Contractor has the right to independently and at any time replace any offers placed on the site, and the User is not entitled to make a claim regarding the presence and / or absence of specific product positions on the site.
1.4. All product images posted on the site are promotional in nature, and the appearance of products received by the User may not match the image on the site.
1.5. During the execution of the order, the User is obliged to provide the Contractor with the following information: the surname and first name of the executing person, contact telephone number, exact address, which allows to identify the place of delivery, comment on the order, which may specify any information .
Also, when placing an order on the site, the User is obliged to choose the delivery time, the method of delivery, the payment method, the need for a return call.
2. TERMS OF PAYMENT AND DELIVERY METHODS:
2.1. When placing an order on the site, the User has the opportunity to select a specific product, its quantity, and by clicking the appropriate button to add it to the basket where the order is placed. Adding products to the shopping cart is not an ordering, and does not have any consequences for the Parties.
2.2. The cost of a User's order is automatically determined by adding the value of all items ordered by the User and is stated directly when placing an order on the site.
2.3. According to the terms of this Agreement, the User has the right to choose one of three payment options: cash payment upon receipt of the Orderness, non-cash payment by bank card, non-cash payment by card using the LiqPay service.
2.4. During the execution of the Order, the User makes his / her own identification by entering the contact number of the mobile phone, after which it will be saved as the User and designated as a Party to the Contract.
2.4. The User may also be charged commission and other bank-determined costs that may be added to the cost of ordering.
2.5. The user has the right to choose two options for receiving his or her own Order: by self-exporting the products, which will be located at the address indicated on the site or to expect delivery of the Order by courier.
2.6. Courier delivery is free of charge and is carried out in the designated area of Kyiv listed on the site. Before placing an order, the User is obliged to check his location in accordance with the specified map and to make sure that the place of delivery of products is within the specific area in which the delivery is made. In certain areas of the city of Kiev, which are also defined by the Contractor, free delivery by courier is possible subject to certain conditions - including ordering at least three or five pizzas.
2.7. The Contractor shall not be liable for the inability to deliver to the User's address if it is outside the delivery area in Kyiv, which is indicated on the site and does not accept the corresponding claims.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES:
3.1. User has the right to:
- to receive services in accordance with the specified Agreement and within the paid order;
- refuse to execute the Order within a period not exceeding 15 minutes from the date of execution of the Order, as well as to receive the funds paid by him under this Agreement;
3.2. The user is obliged to:
- provide accurate information at the time of ordering;
- enjoy the taste of products to be delivered by the Contractor;
- be at the delivery point indicated on the site 10 minutes before the agreed delivery time and within at least 15 minutes after the agreed delivery time
3.3. The Contractor shall:
- fulfill the User's order in accordance with his order on time and in full
4. TERMS OF CANCELLATION OF ORDER:
4.1. The Contractor is obliged to return to the User the received funds for the inability to execute the order within the term determined by the User, only in case it is impossible to provide the Service due to the Contractor's fault, or may offer a free replacement of the execution of the Order at another convenient time for the User at his consent.
4.2. The User has the right to independently initiate a refund for the execution of the Order, and to receive a corresponding refund in the amount to be specified in the specified contract of the offer.
4.3. Cash for order placed, which was credited to the Contractor's account using a bank card or bank card using LiqPay service in the following sizes and order:
- in case of cancellation of the order not later than 15 minutes after the order is executed - the full amount of the order will be returned to the user, except for the funds specified in clause 4.5. this Agreement;
- in case of cancellation of the order after the Contractor has made and formed the order - 25% of the order amount will be returned to the user, except for the funds specified in clause 4.5. this Agreement;
4.4. In case of promotion of a promotional order at a reduced price, the User will be reimbursed exclusively for the amount that was directly transferred to him.
4.5. Upon returning the money for the order, the User shall not be refunded the commissions and other payments that were made in favor of the bank when placing the order.
4.6. The money is returned directly to the card account from which the payment was made or to the account that will be notified by the User at the time of making such a refund. Refunds will only be credited to the card account that matches the User's data provided to them at the time of ordering.
4.7. The funds shall be returned within no more than 48 hours after the Contractor has made a positive decision on such return.
4.8. In order to cancel an order, the User must contact the phones listed on the site and notify them of their desire to cancel the order and refund the funds. The specified request is fixed by the operator and within 6 hours a decision is made about the refund, which is notified to the User by sending a text message and / or a phone call.
4.9. In the absence of the User at the address given to them at the time of placing the order and delivery of the products by courier, the latter shall wait for the User for no more than five minutes and then have the right to go to fulfill his next orders. In the event of circumstances foreseen in paragraph 4.9. of this Agreement, the Contractor shall not refund to the User any funds.
5. CONSENT FOR PERSONAL DATA PROCESSING:
5.1. By executing the Order on the Site, the User informs the Contractor of his personal data, including but not limited to: telephone number, surname and patronymic, and agrees in accordance with the provisions of the Law of Ukraine "On Protection of Personal Data" for use by the Contractor in any method provided by the said Law for further processing and storage, including, but not limited to, for:
- transferring them to a third party, which is in one way or another related to this Agreement, or for the purpose of its full implementation;
- additional informing of the User about the status of the order;
- further processing of User's orders;
- Receiving service messages, including promotions, bonus programs and discounts.
6. RESPONSIBILITY OF THE PARTIES:
6.1. In the event of non-performance or improper performance by one of the Parties of the obligations under the Agreement, the guilty Party shall be obliged to compensate the opposite Party for the losses caused and proved by such actions in accordance with the current legislation and terms of this Agreement.
6.2. The Contractor shall not be liable for any inconvenience and loss incurred by the User as a result of providing inaccurate information when using the Site, if this was made possible due to unauthorized interference with the activities of third party sites
7. FORCE MAJOR CIRCUMSTANCES:
7.1. The parties shall be released from liability for failure or improper performance of the obligations stipulated by this Agreement, if it arose as a result of force majeure.
7.2. Force majeure in this Treaty means any circumstances that arose out of will or contrary to the will or desire of the Parties and which could not have been foreseen or avoided in a reasonable manner, including decision-making by public authorities, local government, military, public riots, epidemics, blockades, earthquakes, floods, fires and other natural disasters.
7.3. Force majeure circumstances of a decision of the owners of the Parties which are intended to change or terminate the rights and obligations under this Agreement may not be recognized unless they are in a form agreed by this Agreement between the Parties.
7.4. A Party that does not or cannot fulfill its obligations under this Agreement as a result of force majeure must immediately notify the other Party in writing of any obstacles and their impact on the performance of its obligations under this Agreement.
7.5. If the force majeure circumstances are valid for 3 (three) consecutive months and show no signs of termination, this Agreement may be terminated by one of the Parties by written notification to the other Party.
8. DISPUTE SETTLEMENT PROCEDURE:
8.1. In case of violation of the terms of the Agreement, each Party has the right to go to court. The location of the court is chosen in accordance with the current legislation of Ukraine.
8.2. All issues concerning relations between the Parties not regulated by this Treaty shall be governed by the laws in force in Ukraine.
9. FINAL PROVISIONS:
9.1. The said contract is valid from the moment of receiving the order by the User through the site until the provision of the Service;
9.2. All legal relations arising out of or related to this Agreement, including those related to the validity, conclusion, execution, amendment and termination of this Agreement, interpretation of its terms, determination onconsequences of invalidity or breach of the Treaty, are governed by this Treaty and the relevant norms of the legislation in force in Ukraine, as well as the customs of business turnover based on the principles of honesty, reasonableness and fairness applicable to such legal relations.
9.3. The User agrees that the Contractor and / or third parties who have access to the site have the right to submit to the specified Agreement and other documents regulating the procedure of providing services, to be placed on the site and the User is obliged to read them when completing the order.