1. General provisions.
Online store https://navruz.kh.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 appropriate legal force, regarding the sale of goods presented on the Seller's official website to 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 CCU) and the Rules for the Sale of Goods to Order Outside Commercial or Office Premises, approved by Order of the Ministry of Economy of Ukraine dated April 19, 2007 No. 103, this document is an offer, and the fact of the Buyer placing an order orally (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 unconditional acceptance of this public agreement and the information provided on the website.
Using services and purchasing goods and services from the online store https://navruz.kh.ua/
implies the consent of the person using the services or purchasing the goods to the rules, terms, restrictions and other terms of cooperation set forth in this document.
By accepting this contract, the Buyer confirms that:
A) at the time of purchase of the goods he was 18 years old;
B) the information provided when ordering goods or services is correct and up-to-date;
C) the contact information provided may be used to inform about changes in work, promotional offers or other information related to the Seller's activities.
Based on the above, please carefully read this agreement (public offer), and if you do not agree with any point of the offer, please leave the site.
In this Agreement, unless the context otherwise requires, the following terms shall have the following meanings:
«"Offer"» – a public offer of the Seller addressed to any individual or legal entity for the purpose of concluding a purchase and sale agreement on the existing terms and conditions specified in the Agreement.
«"Goods"» – a list of product names presented on the Seller's official website, but not limited to the website.
«"Seller"» – a company that sells goods presented in an online store, but is not limited to the site.
«"Buyer"» – an individual or legal entity that has entered into a contractual relationship with the Seller on the terms specified in the Agreement.
«"Accept"» – full and unconditional acceptance by the Buyer of the terms of the Agreement.
«"Order"» – individual items from the assortment list of the Goods, specified by the Buyer when placing an order on the Seller's website or ordered in any other way.
«"Courier delivery"» – direct transfer of 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 on its own.
«"Online store"» – Seller's website https://navruz.kh.ua/
«"Place of sale of the Goods"» – the Seller's catering establishment (restaurant).
2. Subject of the contract.
2.1. The Seller sells the Goods to the Buyer at the prices in effect at the time of placing the order, and the Buyer undertakes to pay for and accept the Goods in accordance with the terms of this Agreement.
2.2. This agreement is an official document of the Seller and an integral part of the offer.
2.3. The sale of goods is carried out at the Seller's premises.
3. The moment of conclusion of the contract.
3.1. The text of the agreement 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 Outside Commercial or Office Premises, approved by Order of the Ministry of Economy of Ukraine dated April 19, 2007 No. 103).
3.2. The fact of placing an order with the Seller, both independently and with the help of the operator, is an unconditional acceptance of the terms of this Agreement, and the Buyer further acts as a person who has entered into contractual relations. The Buyer undertakes to independently familiarize himself with the terms of the agreement, the Seller is not obliged to inform the Buyer about the existence of the agreement.
3.3. The moment the Buyer enters into a contractual relationship with the Seller is considered the moment of ordering the Goods, regardless of the method of ordering and form of payment.
3.4. At the Buyer's written request, the Seller shall draw up a contract with the signatures of the parties.
3.5. The Buyer independently and of his own free will contacts the Seller, which means that he has read this agreement and agrees with it.
4. Price of the product.
4.1. Prices in the online store are indicated in the national currency of Ukraine (hryvnia) per unit of goods in accordance with the current price list.
4.2. The Seller reserves the right to change the price of the Goods until the order is placed without notifying the Buyer.
4.3. The final price is the one indicated by the manager when placing the order.
4.4. Prices listed on the website https://navruz.kh.ua/
, are of an introductory nature.
5. Payment for the goods.
5.1. In the case of cash payment, the Buyer is obliged to pay the Seller the cost of the goods at the time of their transfer, unless otherwise provided by agreement or contract between the parties.
5.2. Payment for goods and services of the online store https://navruz.kh.ua/
is carried out 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 of the online store https://navruz.kh.ua/
is carried out in accordance with the section "Delivery, payment and prices" published on the website https://navruz.kh.ua/
. Payment is credited only if the procedure published on the website is followed.
5.4. In case of non-payment, incomplete or untimely payment, the online store https://navruz.kh.ua/
reserves the right not to provide the goods, suspend or completely fail to fulfill the obligations undertaken and is not responsible for the possible consequences of such a decision/action.
5.5. Goods and services are guaranteed and provided only upon receipt of payment by the online store. https://navruz.kh.ua/
(subject to the availability of the goods at the time of payment fixation by the Seller with the importer, the physical availability of the goods in the Seller's warehouse, the possibility of its delivery to the Seller's warehouse or to the address specified by the Buyer). Until the moment of receipt of payment, the online store https://navruz.kh.ua/
does not have any obligations to the Buyer regarding goods and services ordered from the Seller.
5.6. In the case of a non-cash form of payment, the Buyer's obligation to pay the cost 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 a non-cash form of payment, the Buyer is obliged to 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 Goods may be changed unilaterally by the Seller. In the event of a change in the price of the ordered item of the Goods before the moment of payment for 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. In the absence of communication with the Buyer, the order is considered canceled within 24 hours from the moment of the change in the price of the Goods.
6. Delivery of goods.
6.1. The Buyer has the right to receive the ordered goods by self-pickup from the Seller's catering establishment (restaurant) or use courier delivery services. The Seller does not deliver the ordered Goods to the Buyer on its own.
6.2. Self-pickup is carried out by the Buyer from the Seller's catering establishment (restaurant), which will be specified in the order.
6.3. Courier delivery of the order to the Buyer is carried out in agreement with the Buyer and to the address specified by him.
6.4. 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 services.
7.1. Online store https://navruz.kh.ua/
does not guarantee unconditional fulfillment of the order. All services and goods are provided on an "as is" basis. The technical systems involved (web page and the site itself https://navruz.kh.ua/
) may contain undetected technical errors, the result of which is the impossibility of fulfilling the order, purchasing the goods or its untimely fulfillment. In addition, the impossibility or untimely fulfillment of the order may be caused by the human factor or force majeure circumstances.
7.2. In the event of impossibility or untimely fulfillment of the obligations assumed under the circumstances set forth in clause 7.1 (except for "force majeure"), the online store https://navruz.kh.ua/
is liable within the limits of amounts received from customers as payment for goods or services.
7.3. Online store https://navruz.kh.ua/
does not bear and under no circumstances can bear financial liability exceeding the amounts received from the client as payment for goods and services.
7.4. Online store https://navruz.kh.ua/
reserves the right to refuse to provide services or sell goods to the Buyer at its sole discretion.
7.5. Money paid by the Buyer is not refundable in the following cases:
A) the client's refusal of the received service or goods after payment and receipt from the courier;
B) by court decision;
C) if the goods are of proper quality.
7.6. The place of sale of the Goods is the Seller's catering establishment (restaurant).
8. Liability to third parties.
8.1. Online store https://navruz.kh.ua/
does not bear any responsibility for the use or further use of goods and services purchased in the online store https://navruz.kh.ua/
.
8.2. Online store https://navruz.kh.ua/
is not responsible for the content and quality of the goods sold, provided that there are importer certificates and documents confirming the purchase of these products from the importer.
9. Rights and obligations of the Parties.
9.1. The Seller undertakes:
9.1.1. Not to disclose any private information of the Buyer and not to provide access to it to third parties, except for cases provided for by the current legislation of Ukraine.
9.1.2. Provide the Buyer with the opportunity to receive free telephone consultations by phone at the numbers listed on the website (https://navruz.kh.ua/
). The scope of consultations is limited to specific issues related to the execution of the order.
9.1.3. The Seller reserves the right not to fulfill the order in the event of force majeure circumstances.
9.1.4. The Seller reserves the right to unilaterally amend this Agreement prior to its conclusion.
9.2. The Seller is not responsible for improper use of goods ordered in the online store by the Buyer.
9.3. The Seller has the right to transfer its rights and obligations regarding the fulfillment of Orders to third parties.
9.4. The Buyer undertakes:
9.4.1. By the time of contacting the online store https://navruz.kh.ua/
familiarize yourself with the contents of the Offer Agreement, payment and delivery terms on the store's website.
9.5. Ownership of the Order, as well as the risk of its accidental damage or loss, shall pass to the Buyer from the moment of transfer 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 the terms of the Agreement for the period of force majeure circumstances. Force majeure circumstances are understood as extraordinary and unavoidable events under the given conditions that prevent the Parties from fulfilling their obligations under this Agreement. Such circumstances include natural phenomena (earthquakes, floods, etc.), circumstances of public life (military actions, state of emergency, large-scale strikes, epidemics, etc.), prohibitive measures of state bodies (ban on transportation, currency restrictions, international sanctions, ban on trade, etc.). During the validity of such circumstances, the Parties have no mutual claims, and each Party assumes the risk of the consequences of force majeure circumstances.
11. Copyright.
All text information and graphic images posted on the online store website (https://navruz.kh.ua/
), is the property of the Seller and/or its suppliers and manufacturers of the Goods.
12. Information and its use.
12.1. The Buyer is obliged to provide accurate and reliable information to the extent necessary for the provision of services and/or the purchase of goods that he receives or buys. The information provided by the Buyer may, if necessary, be published in open sources.
12.2. Online store https://navruz.kh.ua/
has the right, at its own discretion, to require the Buyer to provide documentary confirmation of the accuracy of the information provided.
12.3. Providing false information or failing to provide such information at the request of the online store https://navruz.kh.ua/
may be grounds for suspending the provision of services or the sale of goods. In this case, the online store https://navruz.kh.ua/
is not liable for any losses incurred by the Buyer in the event of suspension/failure to provide services or refusal to sell goods due to failure to comply with clause 12.1.
12.4. The Seller collects and processes personal data of Buyers (namely: last name, first name, patronymic of the Buyer; delivery address; contact telephone numbers; e-mail address, etc.) for the purpose of:
fulfillment of the terms of this Agreement;
delivery of the ordered products to the Buyer.
12.5. When ordering goods through the online store https://navruz.kh.ua/
, The buyer consents to the collection and processing of the specified information.
12.6. Only persons directly involved in the execution of the Order have access to the Buyer's personal data.
12.7. The Seller undertakes to: maintain the confidentiality of Buyers' personal data; prevent attempts at unauthorized use of personal data by third parties; exclude access to Buyers' personal data by persons not directly related to the execution of the Application, except for cases provided for by the current legislation of Ukraine.