Public offer agreement
1.1. This offer is an official offer of the online store (restaurant) "NEM", hereinafter - "Seller", to enter into a contract of sale of goods remotely, ie through the online store, hereinafter - "Agreement", and places a Public offer (offer) on the official website of the Seller (https://nemvn.com.ua) (hereinafter - the "Website").
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to enter into an electronic contract of sale of goods, is the fact of payment by the Buyer of the order under this Agreement, within the terms and prices specified on the Seller's website.
Concepts and definitions
2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:
* "Goods" - meals, drinks and accompanying disposable containers;
* "Online store" - in accordance with the Law of Ukraine "On e-commerce", a means of presenting or selling goods, works or services through an electronic transaction.
* "Seller" - a company that sells goods presented on the Internet site.
* "Buyer" - an individual who has entered into an Agreement with the Seller on the terms set out below.
* "Order" - the choice of individual items from the list of goods specified by the Buyer when placing an order and payment.
Scope of the contract
3.1. Prodavetsʹ zobov'yazuyetʹsya peredaty u vlasnistʹ Pokuptsya Tovar, a Pokupetsʹ zobov'yazuyetʹsya oplatyty i pryynyaty Tovar na umovakh danoho Dohovoru.
3.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
This Agreement regulates the purchase and sale of goods in the Online Store, including:
- voluntary choice by the Buyer of goods in the Online Store;
- independent registration of the order in the Online store by the Buyer;
payment by the Buyer of the order placed in the Online Store;
- processing and delivery of the order to the Buyer in the property under the terms of this Agreement.
4.1. The buyer has the right to place an order for any product presented on the website of the online store.
4.2. Each item can be presented in the order in any quantity.
4.3. In the absence of goods in the warehouse, the Company's Manager is obliged to notify the Buyer (by phone or by e-mail).
4.4. In the absence of the goods the Buyer has the right to replace it with the goods of similar model, to refuse the given goods, to cancel the order.
The order of payment of the order
Payment upon receipt
5.1.Cashless transfer of funds to a card using the LiqPay payment system. Payment is carried out upon registration and confirmation of the order of the goods by the Buyer on the website using the LiqPay payment system.
5.2. If no funds are received, the online store reserves the right to cancel the order.
Terms of order delivery:
6.1. Delivery of goods purchased in the online store is carried out by taxi service to the address specified by the Buyer when placing an order on the website or by phone.
6.2. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.
Rights and duties:
7.1. The seller has the right to:
- unilaterally terminate the provision of services under this agreement in case of violation by the Buyer of the terms of this agreement.
7.2. The buyer must:
- timely pay and receive orders under the terms of this agreement.
7.3. The buyer has the right to:
- place an order in the online store;
- draw up an electronic contract;
- require the Seller to comply with the terms of this Agreement.
Responsibilities of the parties
8.1. The Parties shall be liable for non-performance or improper performance of the terms of this agreement in the manner prescribed by this agreement and current legislation of Ukraine.
8.2. The seller is not responsible for:
- the appearance of the Goods changed by the manufacturer;
- for a slight discrepancy between the color scheme of the product, which may differ from the original product only due to the different color rendering of personal computer monitors of individual models;
- for the content and veracity of the information provided by the Buyer when placing an order;
- for delays and interruptions in the provision of Services (order processing and delivery of goods), which occur for reasons beyond its control;
- for illegal illegal actions committed by the Buyer through this access to the Internet;
- for the transfer by the Buyer of its network identifiers - IP, MAC-address, login and password to third parties;
8.3. The buyer, using the Internet access provided to him, is independently liable for damage caused by his actions (personally, even if under his login was another person) to persons or their property, legal entities, the state or moral principles of morality.
8.4. In case of force majeure, the parties are released from the terms of this agreement. Force majeure for the purposes of this Agreement means events that are extraordinary, unforeseen, which exclude or objectively interfere with the implementation of this Agreement, the occurrence of which the Parties could not foresee and prevent in reasonable ways.
8.5. The Parties shall make every effort to resolve any differences solely through negotiations.
9.1. The online store reserves the right to unilaterally amend this agreement subject to its prior publication on the website https://nemvn.com.ua/
9.2. An online store is designed to organize a remote way of selling goods over the Internet.
9.3. The buyer is responsible for the accuracy of the information provided when placing an order. In this case, upon acceptance (ordering and subsequent payment for the goods), the Buyer provides the Seller with its unconditional consent to the collection, processing, storage, use of their personal data, within the meaning of the Law "On Personal Data Protection".
9.4. Payment by the Buyer for the order placed in the Online Store means the Buyer's full consent to the terms of the contract of sale (public offer).
9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Art. 11 of the Law of Ukraine "On e-commerce".
9.6. The use of the online store resource for previewing the goods, as well as for placing an order for the Buyer is free of charge.
9.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of processing the order, sending messages to the Buyer, delivery of goods, settlements, etc.
Term of the contract
10.1. An electronic agreement is considered concluded from the moment the person who sent the proposal to enter into such an agreement receives a response to the acceptance of this proposal in the manner prescribed by part six of Article 11 of the Law of Ukraine "On Electronic Commerce".
10.2. Until the expiration of this Agreement may be terminated by mutual consent of the parties until the actual delivery of the goods, by refund.
10.3. The parties have the right to terminate this agreement unilaterally, in case of non-fulfillment by one of the parties of the terms of this Agreement and in cases provided by the current legislation of Ukraine.