Public offer agreement

  • Call-Dropped-Svgrepo-Com &Bull; 1.1. Online Store Https://Dnipro-Catering.com.ua/ (hereinafter referred to as the Seller), Publishes This Agreement, Which Is a Public Offer Agreement (hereinafter referred to as the Agreement) And Has the Corresponding Legal Force, On the Sale of Goods And/or Provision of Services Presented On the Official Website of the Seller, To Any Individual Or Legal Entity (hereinafter referred to as the Buyer). +38 (063) 3333-593
  • Call-Dropped-Svgrepo-Com &Bull; 1.1. Online Store Https://Dnipro-Catering.com.ua/ (hereinafter referred to as the Seller), Publishes This Agreement, Which Is a Public Offer Agreement (hereinafter referred to as the Agreement) And Has the Corresponding Legal Force, On the Sale of Goods And/or Provision of Services Presented On the Official Website of the Seller, To Any Individual Or Legal Entity (hereinafter referred to as the Buyer). +38 (066) 11-53-161
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1. General provisions

1.1. Online store https://dnipro-catering.com.ua/ (hereinafter – Seller), publishes this agreement, which is a public offer agreement (hereinafter referred to as Contract) and has the appropriate legal force, on the sale of goods and/or provision of services presented on the official website of the Seller, to any individual or legal entity (hereinafter referred to as Buyer).

1.2. This agreement is concluded taking into account the provisions of:

  • Articles 633, 641, 642 of the Civil Code of Ukraine;
  • "Rules for the sale of goods on order and outside retail or office premises", approved by order of the Ministry of Economy of Ukraine dated April 19, 2007 No. 103;
  • Law of Ukraine "On Electronic Commerce" No. 675-VIII dated 03.09.2015;
  • Law of Ukraine "On Protection of Consumer Rights".

1.3. The fact of placing an order by the Buyer (verbally - by phone or directly at the Seller's establishment, or in writing - via the website or e-mail) indicates the Buyer's full and unconditional acceptance (acceptance) of the terms of this Agreement.

1.4. By accepting this Agreement, the Buyer confirms that:

  • (AND) At the time of purchasing the product or ordering the service, he/she has reached the age of majority (18 years).
  • (B) The information provided (contact details, delivery address, etc.) is correct and up-to-date.
  • (IN) In accordance with applicable law and this Agreement, the contact details provided may be used by the Seller to inform about changes in work, promotional offers or other news related to the Seller's activities.
  • (G) He has read all the terms and conditions of this Agreement, including the rules of payment, delivery, return, etc., and unconditionally agrees with them.

1.5. If the Buyer does not agree with any point of the offer, he is obliged to stop using the site. https://dnipro-catering.com.ua/ and do not place orders.

1.6. In this Agreement, the following terms are used with the following meanings:

  • "Offer" – a public offer of the Seller, addressed to an unlimited number of persons, to conclude this Agreement on certain terms.
  • "Goods" – a list of products (including ready-made meals, food products and other goods) presented on the Seller's website.
  • "Seller" – An individual entrepreneur (specified in Section 8 of this Agreement) or another authorized company that sells the Goods and/or provides services.
  • "Buyer" – an individual or legal entity that has entered into a contractual relationship with the Seller under the terms of the Agreement.
  • "Accept" – full and unconditional acceptance by the Buyer of the terms of the Agreement.
  • "Order" – one or more products from the Seller's assortment, specified by the Buyer when placing an order on the website or in another way.
  • "Courier delivery" – delivery of the ordered Goods to the address specified by the Buyer, with the help of the Seller's employees or a third party (carrier/contractor).
  • "Online store" – web page https://dnipro-catering.com.ua/.
  • "Place of sale of goods" – a catering establishment (restaurant/cafe) or other office/warehouse of the Seller, located in the city of Dnipro.

2. Subject of the contract

2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer (if any), and the Buyer undertakes to pay for and accept such Goods under the terms of this Agreement.

2.2. This Agreement is an integral part of the public offer and regulates the relationship between the Seller and the Buyer.

2.3. Sale of Goods and/or provision of services can be carried out both in the Seller's catering establishment (restaurant/cafe) in the city of Dnipro, and remotely (through the online store).

3. The moment of conclusion of the contract

3.1. The text of this Agreement is a public offer in accordance with Articles 633, 641 of the Civil Code of Ukraine, the Law of Ukraine "On Electronic Commerce", the Law of Ukraine "On Consumer Rights Protection" and the above-mentioned Rules.

3.2. The moment of the Buyer's entry into contractual relations with the Seller is considered to be the moment of placing the Order (written or oral) and/or payment for the Goods (depending on which occurred earlier).

3.3. By concluding this Agreement (by accepting the offer), the Buyer acknowledges that he has read its contents, agrees with all terms and conditions, and has the necessary legal capacity and capacity.

4. Product price

4.1. Prices for Goods in the online store are indicated in the national currency of Ukraine (hryvnia) per unit of Goods, in accordance with the available price list.

4.2. The Seller reserves the right to change the price of any Product until the Buyer places the Order without separate notice.

4.3. The final price is the price displayed on the website at the time of placing the Order and confirmed by the Buyer (or recorded by the manager by phone/via other means of communication, if the order was placed directly through a consultant).

4.4. Prices listed on the website https://dnipro-catering.com.ua/, may be of an introductory nature. In the event of a technical error or failure, the price may be adjusted, which the Seller undertakes to notify the Buyer for confirmation or cancellation of the Order.

5. Payment for goods

5.1. Cash form of paymentThe Buyer is obliged to pay the Seller the price of the Goods at the time of their transfer (in the case of self-collection or delivery by courier), unless otherwise provided by agreement or contract between the Parties.

5.2. Cashless payment method. Payment is made in the national currency of Ukraine (hryvnia) to the Seller's bank account using the bank details specified on the website or provided by the manager. The Buyer's obligation to pay is considered fulfilled from the moment the relevant funds are credited to the Seller's account.

5.3. The Seller reserves the right to establish and change payment methods, as notified to the Buyer in the relevant section "Terms and Payment Methods" on the website. Changes come into force from the moment of their publication and do not affect Orders already placed and paid for.

5.4. In the event of non-payment, incomplete or untimely payment for the Goods, the Seller has the right to suspend or completely cancel the execution of the Order and is not responsible for the possible consequences of such a decision.

5.5. The Goods (including products, ready meals, etc.) are reserved for the Buyer only upon receipt of payment (if prepayment is provided). Prior to this, the Seller shall not be liable for the availability of the Goods.

5.6. In the case of non-cash payment, the Buyer must have with him (and provide upon request) a confirmation document of payment (bank receipt, payment order, etc.).

5.7. In the event of a change in the price of the Goods after placing the Order, the Seller is obliged to notify the Buyer as soon as possible. The Buyer has the right to accept the new price or refuse the Order. If it is impossible to contact the Buyer, the Order is considered canceled 24 hours after the price change.

6. Delivery of goods

6.1. The Buyer has the right to receive the Ordered Goods:

  • by self-pickup from the Seller's establishment in Dnipro (3 Barikadna St.) or from another delivery point, which will be agreed in advance;
  • by courier delivery (Seller or delivery services engaged by the Seller).

6.2. Pickup is carried out at the address: Dnipro, ... (3 Barikadna St.), unless otherwise agreed with the Parties.

6.3. Courier delivery Delivery is carried out at the address agreed with the Buyer. The terms and cost of delivery are communicated to the Buyer when placing the Order.

6.4. Delivery can only be made within the city of Dnipro (or other settlements by individual agreement). Delivery conditions outside the city of Dnipro are agreed upon additionally.

6.5. The cost of delivery (if any) is paid by the Buyer, unless otherwise provided for in a separate promotional offer or agreement with the Seller.

7. Sale of goods and services. Returns

7.1. Operation of the online store https://dnipro-catering.com.ua/ may be related to the use of technical systems (site, databases, etc.). The Seller makes every effort to ensure the proper functioning of the site, but cannot guarantee the absence of technical or human errors. In the event of an impossibility to fulfill the Order due to a technical problem, the Seller undertakes to notify the Buyer and offer a solution (refund, replacement of the Goods, etc.).

7.2. If the impossibility of fulfilling the Order is due to the Seller's fault (except for force majeure circumstances), the Seller's liability is limited to the amount received from the Buyer for the Goods or services not provided.

7.3. The Seller does not bear any additional material liability beyond the amount paid by the Buyer for the Goods/services within the framework of this Agreement (taking into account the provisions of the Law of Ukraine "On Protection of Consumer Rights").

7.4. The Seller reserves the right to refuse to provide services or sell Goods to the Buyer in the following cases:

  • failure to provide or incorrect provision of contact or payment information;
  • violation by the Buyer of the terms of this Agreement;
  • abuse by the Buyer, etc.

7.5. Refund.

  • Perishable foods and ready meals, non-refundable in accordance with the current legislation of Ukraine (in particular, Article 9 of the Law "On Protection of Consumer Rights" and the relevant List of goods that are not subject to return).
  • If the Product belongs to another category (not perishable) and does not show signs of use, the Buyer may return it within 14 days from the date of purchase (provided that the receipt/payment document is available and the product is in good condition).
  • In cases where the Goods (including food products) have a manufacturing defect or are of inadequate quality, the return or exchange is carried out in accordance with the procedure stipulated by the Law "On Consumer Protection". The Buyer has the right to file a corresponding claim with the Seller within a reasonable time from the moment the defects are discovered.

7.6. Given the specifics of ready-made food products (rapid spoilage), the Buyer has no right to return such products after receiving them, except detection of manufacturing defects or non-compliance with the declared composition/quality.

7.7. The place of sale of the Goods is considered to be the Seller's establishment (restaurant) in the city of Dnipro or another place agreed upon by the Parties.

8. Name, location of the Seller and procedure for accepting claims

8.1. Name and address of the Seller: Individual entrepreneur, location: Dnipro, Ukraine (3 Barikadna St.). (The current list of contact addresses and telephone numbers is provided on the website https://dnipro-catering.com.ua/.)

8.2. Claims regarding the quality of the purchased Goods or services are accepted in writing or orally at the Seller's location or via e-mail/feedback form specified on the website.

9. Rights and obligations of the Parties

9.1. Seller's obligations

9.1.1. PrivacyThe Seller undertakes not to disclose the Buyer's private information to third parties, except in cases provided for by the current legislation of Ukraine and the privacy policy (for example, transfer of data to a courier service).

9.1.2. Consultations. Provide the Buyer with the opportunity for free telephone consultations on issues related to placing an Order, payment, delivery and the establishment's operating hours.

9.1.3. Force majeureThe Seller may not fulfill the Order in the event of force majeure circumstances (see Section 10 of this Agreement), of which the Seller will notify the Buyer at the earliest opportunity.

9.1.4. Changes to the contractThe Seller has the right to change the terms of this Offer. until the Buyer places a new OrderChanges come into effect from the moment of publication of the new version on the website and do not apply to Orders already placed or paid for prior to such publication.

9.2. Seller's Liability

9.2.1. The Seller is not responsible for the use of the Goods by the Buyer in violation of the intended purpose or instructions.

9.2.2. The Seller may transfer its rights and obligations under this Agreement to third parties (logistics or payment partners) without separate notification to the Buyer, but ensuring the protection of the Buyer's personal data.

9.3. Buyer's obligations

9.3.1. Before contacting the online store, the Buyer is obliged to familiarize himself with this Offer Agreement, payment and delivery terms published on the website.

9.3.2. Ensure the accuracy and relevance of contact details for the execution of the Order.

9.3.3. Accept and pay for the Ordered Goods on time.

9.4. Transfer of ownership

9.4.1. Ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer from the moment of actual transfer of the Goods (signing the invoice, receiving the check or actual acceptance of the Goods).

10. Force majeure circumstances

10.1. The Parties are exempt from liability for failure to fulfill or improper fulfillment of obligations under this Agreement during the period of force majeure, in particular: natural disasters, military actions, state of emergency, prohibitions by government bodies, epidemics, mass strikes, etc., which directly make the performance of the Agreement impossible.

10.2. In the event of force majeure, the Parties shall have no mutual claims and each Party shall bear its own risk of the consequences of force majeure.

11. Copyright

11.1. All text information and graphic images posted on the site https://dnipro-catering.com.ua/, are the property of the Seller (unless otherwise stated).

11.2. Copying, distribution, use of materials from the site without the written permission of the Seller is prohibited.

12. Information and its use (personal data)

12.1. The Buyer undertakes to provide accurate, complete and truthful information necessary for processing the Order and delivery of the Goods.

12.2. The Seller has the right to require documentary confirmation of the information provided in cases provided for by law (for example, when paying via bank details or to confirm identity).

12.3. Providing inaccurate information or failing to provide the necessary data may be grounds for suspension or cancellation of the Order. The Seller is not liable for any possible losses of the Buyer or third parties in connection with such actions.

12.4. The Seller processes personal data (name, phone number, e-mail, delivery address, etc.) for the purpose of:

  • fulfillment of the terms of this Agreement;
  • communication with the Buyer regarding the Order;
  • delivery of the Goods;
  • informing about promotions and news (with the Buyer's consent).

12.5. When placing an Order on the website https://dnipro-catering.com.ua/, The Buyer agrees to the processing of his personal data on the terms set out in this Agreement and in Privacy Policy, posted at the link: https://dnipro-catering.com.ua/policy (the address is given as an example - check for relevance).

12.6. Only persons directly involved in the execution of the Order (managers, delivery department employees, accounting, etc.) have access to the Buyer's personal data.

12.7. The Seller undertakes to ensure the confidentiality of personal data and not to transfer them to third parties, except in cases provided for by applicable law or necessary for the implementation of this Agreement (for example, transfer of contact details to a courier service).

Last updated: 21.01.2025 year

Since the publication of this edition on the website https://dnipro-catering.com.ua/ the previous edition becomes invalid for new Orders.

If you have any questions or suggestions regarding this Agreement, please contact the contacts listed on the website. https://dnipro-catering.com.ua/