Public offer contract
Public offer contract
1. General provisions.
The online store https://stenfood.com/ (hereinafter - the Seller) publishes this contract, which is a public contract-offer (hereinafter - the Contract) and has the appropriate legal force, on the sale of goods presented on the official website of the Seller, on the address of both individuals and legal entities (hereinafter referred to as the Buyer).
In accordance with Articles 633, 641, 642 of the Civil Code of Ukraine (hereinafter referred to as the Civil Code of Ukraine) and the Rules for the sale of goods to order and outside retail or office premises, approved by order of the Ministry of Economy of Ukraine dated 04.19.2007 No. 103, this document is an offer, and the fact of execution by the buyer placing an order verbally (by phone or in a store, office) or in writing (via the website or e-mail) and receiving this order by the Seller is a full and unquestionable acceptance of this public contract and the information presented on the site.
Use of services and purchase of goods provided by the online store https://stenfood.com/, implies the consent of the person who uses the services or buys the goods with the rules, terms, restrictions and other conditions of cooperation set forth in this document.
By accepting the terms of this contract, the buyer confirms that:
A) at the time of purchase of the goods, he turned 18 years old;
B) the information provided when ordering goods or services is correct and up-to-date;
C) the provided contact information may be used to notify of changes in work, promotional offers or provide other information related to the seller's activities.
Based on the above, carefully read this contract (public offer), and if you do not agree with any of the points of the offer, please leave the site.
In this Agreement, unless the context requires otherwise, the terms should be interpreted as follows:
"Offer" is a public offer of the Seller, addressed to any natural or legal person with the aim of concluding a sales contract on the existing conditions specified in the Contract.
"Product" is a list of names of the assortment presented on the official website of the Seller but is not limited to the website.
"Seller" is a company that sells the Goods presented in the online store but is not limited to the site.
"Buyer" is a natural or legal entity that has entered into contractual relations with the Seller on the terms specified in the Agreement.
"Acceptance" means full and unquestionable acceptance by the Buyer of the terms of the Agreement.
"Order" - individual items from the assortment list of Goods specified by the Buyer when placing an application on the Seller's website or ordered in any other way.
"Courier delivery" is the direct transfer of the Goods from the Seller to the Buyer by an independent contractor who provides services to the Seller in accordance with a separately concluded contract. The seller does not deliver the goods himself.
"Online store" — the Seller's website https://stenfood.com/
"Place of sale of the Goods" is the place where the Seller's orders are issued.
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 placing the order, and the Buyer has the right to make payment and accept the Goods in accordance with the terms of this Agreement.
2.2. This contract is an official document of the Seller and an integral part of the Offer.
2.3. The sale of the Goods is carried out at the Seller's premises.
3. The moment of conclusion of the Agreement.
3.1. The text of the contract is a public offer (in accordance with Articles 633, 643 of the Civil Code of Ukraine and the Rules for the sale of goods to order and outside retail or office premises, approved by order of the Ministry of Economy of Ukraine dated 04/19/2007 No. 103).
3.2. The fact of placing an order with the Seller, both independently and with the operator's help, is an undisputed acceptance of the terms of this Agreement, and the Buyer further acts as a person who has entered into contractual relations. The buyer is obliged to familiarize himself with the contract terms, and the seller is not obliged to inform the buyer about the existence of the contract.
3.3. The moment the Buyer enters into contractual relations with the Seller is considered the moment of ordering the Goods, regardless of the method of ordering and the form of payment.
3.4. At the written request of the Buyer, the Seller draws up a contract with the signatures of the parties.
3.5. The buyer contacts the seller independently and at his own will, which means that the buyer has read this contract and agrees with it.
4. Price of the Product.
4.1. The prices in the online store are indicated in the national currency of Ukraine (hryvnia) per product unit according to the existing price list.
4.2. The Seller reserves the right to change the price of the Product before the order is placed without warning the Buyer.
4.3. The final price is the one specified by the manager when placing the order.
4.4. The prices indicated on the website https://stenfood.com/ are indicative.
5. Payment for the Product.
5.1. In the case of cash payment, the Buyer is obliged to pay the Seller the price of the goods at the time of their transfer unless otherwise stipulated by the agreement or contract between the parties.
5.2. Payment for goods and services provided by the online store https://stenfood.com/ 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 provided by the https://stenfood.com/ online store is made in accordance with the "Delivery and Payment" section published on the https://stenfood.com/ website. Payment is credited only if the order published on the website is followed.
5.4. In case of non-payment, incomplete payment or late payment, the online store https://stenfood.com/ reserves the right not to deliver the goods, suspend or completely fail to fulfil the obligations assumed and at the same time is not responsible for the possible consequences of such a decision/actions.
5.5. Goods and services are guaranteed and provided only upon receipt of payment by the online store https://stenfood.com/ (provided that the goods are available at the time of payment by the Seller at the importer, physical availability of the goods at the Seller's warehouse, the possibility of its delivery to the Seller's warehouse or address specified by the Buyer). Until the payment is received, the online store https://stenfood.com/ has no obligations to the Buyer regarding the goods and services ordered by the Seller.
5.6. In the case of non-cash payment, the Buyer's obligation to pay the price of the goods is considered fulfilled from the moment the relevant funds are credited to the Seller's current account.
5.7. In the case of non-cash payment, the Buyer must present to the manager or courier a document confirming the fact of payment for the Goods (payment order, payment receipt, etc.).
5.8. Prices for any item of the Product may be changed unilaterally by the Seller.
In the event of a price change for the ordered items of the Goods before payment of the Order, the Seller is obliged to notify the Buyer of such changes as soon as possible. The Buyer has the right to confirm or cancel the Order. If there is no communication with the Buyer, the Order is considered canceled within 24 hours from the moment of the change in the price of the Product.
6. Delivery of the Goods.
6.1. The Buyer has the right to receive the ordered Goods by means of self-delivery (self-delivery) from the Seller's order delivery point or to use courier delivery services.
6.2. Courier delivery of the order to the Buyer is carried out upon agreement with the Buyer and to the address indicated by him.
6.3. Delivery of the ordered Goods is carried out within the city of Kyiv unless otherwise provided for by prior agreement between the parties.
7. Sale of goods and provision of services.
7.1. The online store https://stenfood.com/ does not guarantee unconditional fulfilment of the order. All services and goods are provided on an "as is" basis. The technical systems involved (the web page and the site itself https://stenfood.com/) may include undetected technical errors, the consequence of which is the impossibility of fulfilling the order, purchasing the product or late fulfilment of the order. In addition, circumstances caused by a human factor or force majeure may lead to the impossibility of fulfilling the order or its untimely fulfilment.
7.2. In case of impossibility or untimely performance of the assumed obligations under the circumstances set forth in clause 7.1 (excluding force majeure), the online store https://stenfood.com/ is liable within the limits of the amounts received from customers as payment for goods or services.
7.3. The online store https://stenfood.com/ does not bear and under no circumstances can bear any material responsibility that goes beyond the sums received from the client as payment for goods and services.
7.4. The online store https://stenfood.com/ reserves the right to refuse to provide services or sell goods to the Buyer at its own discretion.
7.5. 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 the product is of appropriate quality.
7.6. The place of sale of the Goods is the Seller's place of delivery of orders.
8. Terms and procedure of refund.
8.1. The buyer has the right to refuse goods of inadequate quality after inspecting them when receiving them.
8.2. If the Buyer decides to refuse the purchase, the Seller undertakes to return 100% of the order value. Refunds are made in the form in which the order was paid for - in cash or to the card from which the payment was made.
8.3. The seller can, but is not obliged, return the funds if the self-pickup did not occur due to the buyer's fault.
9. Liability to third parties.
9.1. The https://stenfood.com/ online store bears no responsibility for the use or further use of goods and services purchased from the https://stenfood.com/ online store and with its help.
9.2. The online store https://stenfood.com/ is not responsible for the content and quality of the goods sold, provided that there are certificates of the importer and documents confirming the purchase of these products from the importer.
10. Rights and obligations of the Parties.
10.1. The seller undertakes:
10.1.1. Not to disclose any private information of the Buyer and not to provide access to this information to third parties, except for cases provided for by the current legislation of Ukraine.
10.1.2. Provide the Buyer with the opportunity to receive free telephone consultations at the telephone numbers indicated on the website (https://stenfood.com/). The scope of consultations is limited to specific issues related to order fulfilment.
10.1.3. The seller reserves the right not to fulfil the order in case of force majeure.
10.1.4. The seller reserves the right to change this Agreement unilaterally before the moment of its conclusion.
10.2. The Seller is not responsible for improper use of the goods ordered in the online store by the Buyer.
10.3. The seller has the right to transfer his rights and obligations for the fulfilment of Orders to third parties.
10.4. The buyer undertakes:
10.4.1. Before contacting the online store https://stenfood.com/, familiarize yourself with the content of the Offer Agreement, the terms of payment and delivery on the store's website.
10.5. Ownership of the Order, as well as the risk of its accidental damage or loss, passes to the Buyer from the moment of delivery of the Goods.
11. Force majeure circumstances.
11.1. The parties are released from responsibility for non-fulfilment or improper fulfilment of obligations under the terms of the Agreement for the duration of force majeure. Force majeure means extraordinary and irresistible 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 social life (military actions, states of emergency, major strikes, epidemics, etc.), and prohibitive measures of state bodies (transport bans, currency restrictions, international sanctions, bans on trade, etc.).
During this time, the Parties have no mutual claims, and each of the parties assumes its own risk due to the consequences of force majeure circumstances.
12. Copyright.
All text information and graphic images posted on the website of the online store (https://stenfood.com/) are the property of the Seller and/or its suppliers and manufacturers of the Goods.
13. Information and its use.
13.1. The buyer is obliged to provide accurate and truthful information to the extent necessary for providing services and/or purchasing goods that he receives or buys. Information provided by the buyer may be published in open sources if necessary.
13.2. The online store https://stenfood.com/ has the right, at its own discretion, to demand documentary confirmation of the authenticity of the information provided from the Buyer.
13.3. Providing inaccurate information or not providing such information at the request of the online store https://stenfood.com/ may serve as a reason to suspend the provision of services or the sale of goods. At the same time, the online store https://stenfood.com/ is not responsible for any damage caused by the Buyer in case of suspension / non-performance of services or non-sale of goods in case of non-fulfilment of clause 12.1.
13.4. The Seller collects and processes the personal data of the Buyers (namely: surname, first name, patronymic of the Buyer; delivery address; contact numbers, e-mail address, etc.) for the purpose of:
- fulfillment of the terms of this Agreement;
- delivery of products ordered by the Buyer to the Buyer.
13.5. By placing an Order for Goods through the online store https://stenfood.com/, the Buyer consents to collecting and processing such information.
13.6. Only persons directly involved in the execution of the Order have access to the Buyer's personal data.
13.7. The Seller undertakes: to observe confidentiality regarding the personal data of the Buyers; prevent unauthorized use of Buyers' personal data by third parties; exclusive access to personal data of Buyers of persons not directly related to the execution of the Order, except for cases provided for by the current legislation of Ukraine.
14. Contact information of the Seller
14.1. The activity of Ste`n`food company is carried out by FOP Stefanskyi Roman Serhiyovych, TIN 3302413631.
14.2. Actual and legal address of the company: Kyiv, str. Irpinska, 69-a.
14.3. Contacts of management and customer support:
telephone - +380 (97) 474 19 90;
email: a@stenfood.com