This agreement is an official and public proposal (offer) to conclude a contract for the sale and delivery of fast food dishes presented on this website (hereinafter referred to as the “Site”).
The Agreement is public in accordance with Art. 633 and Art. 641 of the Civil Code of Ukraine, is regulated by the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Consumer Rights Protection” and has the same legal force for all Buyers.
1. Definition of terms and architecture of relations
1.1. Acceptance of the Offer — full and unconditional acceptance by the Buyer of the terms of this Agreement at the time of confirmation of the order on the Site (clicking the “Place an order”, “Pay” button or similar in content).
1.2. Goods — fast food dishes, drinks and related goods presented in the menu on the Site.
1.3. Buyer — any capable individual or legal entity who has accepted this Offer on the Site for the purpose of purchasing dishes.
1.4. Seller — individual entrepreneur MISYUKEVYCH MARTA VASYLIVNA (Taxpayer registration card number 3738104483), which is established and operates in accordance with the current legislation of Ukraine. Location of the individual entrepreneur: Ukraine, 79017, Lviv region, Lviv city, Telighy O. st., house 21, which carries out economic activities in the preparation and delivery of fast food dishes, operates on legal grounds under the appropriate trademark (trademark for goods and services) at a specific location (restaurant address), and whose details are directly assigned to the point of sale chosen by the Buyer.
2. Seller identification procedure
2.1. The Buyer understands and agrees that ordering food on the Site is provided by a network of independent business entities (Sellers), each of which serves a separate geographical area or a specific restaurant.
2.2. Identification of the specific Seller with whom the Buyer concludes this Agreement for each individual transaction is carried out by automatically assigning the order to the nearest or selected by the Buyer restaurant (location).
2.3. The legal entity or individual entrepreneur acting as the Seller for a specific order is also indicated in the fiscal or commodity receipt (electronic receipt) issued to the Buyer together with the Goods.
3. Rights and Obligations of the Parties
3.1. The Seller is obliged to:
3.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
3.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except in cases provided for by law and during the execution of the Buyer's Order.
3.2. The Seller has the right:
3.2.1. To change the terms of this Agreement, as well as the prices for the Goods and services, unilaterally, by posting them on the website. All changes shall come into force from the moment of their publication.
3.2.2. The Seller has the right to provide discounts on the Goods and establish a bonus program. Types of discounts, bonuses, the procedure and terms of accrual are indicated on the website and may be changed by the Seller unilaterally.
3.2.3. The Seller has the right to send informational, including advertising messages, to the Buyer's mobile phone. The Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal by sending a written statement of refusal to receive advertising and other information to the Seller at namangalkebabhouse@gmail.com. Service messages informing the Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the Buyer.
3.2.4. The Seller has the right to use the "Cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties.
3.3. The Buyer undertakes:
3.3.1. Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website.
3.3.2. In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that uniquely identifies him as the Buyer and is sufficient to deliver the order to the Buyer.
4. Subject of the Agreement
4.1. The Seller undertakes to prepare and transfer the selected Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
4.2. Rights and obligations under the purchase and sale agreement arise exclusively between the Buyer and the specific Seller (FOP) at whose location the order was placed or for whom the order is assigned in accordance with clause 2.2 of this Agreement.
5. Procedure for placing an Order and making payments
5.1. The Buyer independently places an Order on the Site by selecting dishes and entering the necessary data into the order form.
5.2. Payments for the Goods are made in the national currency of Ukraine - hryvnia, in accordance with the prices set on the Site for the selected location.
5.3. Payment can be made by cashless payment through payment services integrated on the Site or by cash/bank card upon direct receipt of the Goods from the courier or at the location.
5.4. Funds are credited via online payment on the Site directly to the current account or transit account of the payment gateway in favor of the Seller who fulfills the order.
6. Terms of delivery and return of dishes
6.1. The preparation and delivery of the order is carried out by the Seller assigned to the location chosen by the Buyer.
6.2. The Buyer is obliged to check the quality, completeness and integrity of the packaging of the dishes at the time of their receipt from the courier or at the restaurant cashier.
6.3. Since dishes are perishable food products, claims regarding the quality or non-conformity of the order are accepted by the Seller exclusively within 15 (fifteen) minutes from the moment of receipt of the order, provided that a photo or video recording is provided.
6.4. The material and legal responsibility for the quality of ingredients, freshness of dishes, compliance with sanitary and hygienic standards of the legislation of Ukraine and timeliness of delivery is borne exclusively by the Seller who directly accepted and fulfilled this order.
7. Term of the Agreement and resolution of disputes
7.1. This Agreement shall enter into force from the moment of the Buyer's acceptance and shall be valid until the Parties fully fulfill their obligations.
7.2. All claims, disputes and disagreements arising in the process of fulfilling this Agreement shall be resolved between the Buyer and a specific Seller (according to the receipt data) through negotiations or in court in accordance with the current legislation of Ukraine.
8. Liability
8.1. The Seller shall not be liable for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides unreliable or erroneous information.
8.2. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
8.3. The Seller or the Buyer are exempt from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters that arose regardless of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that cannot fulfill its obligations must immediately notify the other Party.
9. Other conditions
9.1. The Website may be temporarily partially or completely unavailable as a result of technical, preventive and/or other work, or for any other technical reasons.
9.2. This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.