Public offer to conclude an agreement (offer)
Dear User!
Please read this public offer to conclude a contract carefully and order the Goods only if you fully agree to all its terms and conditions.
PUBLIC OFFER TO CONCLUDE A CONTRACT (OFFER)
Definition of terms:
Online Store or Website – a software and hardware complex designed to familiarize Users with information about the Goods, and the terms of their purchase, to realize the possibility of placing Orders, to ensure the accounting of transactions, and independent access of Users to individual blocks of which is possible via the Internet in a web browser at the following address: https://savvyfoods.com.ua/.
User – a person who has access to the Online Store and uses its functionality and services.
Seller – individual entrepreneur, Oleg Olegovich Degtyarenko, place of registration and actual residence: 01030, Kyiv, Viacheslav Lypynskyi St., 12, apartment 12, telephone: +380 67 442 31 52, e–mail: dofutura@gmail.com.
Buyer – a person who has placed an Order for the Goods in the Online Store and paid the Order Price to the Seller. –
Parties – the Seller and the Buyer together.
Recipient of the Goods – the person who receives the Goods, and the Buyer may be both the customer and the Recipient of the Goods.
Goods – products from the list provided on the Site, which the Seller offers for sale.
Order – the Goods selected by the Buyer in the Online Store of the appropriate assortment and quantity, and the condition of their Delivery, which the Buyer wishes to purchase, for which he:
Price (Cost / Amount) of the Order – the total cost of all the Goods included in the Order, as well as the cost of services for their Delivery, if the Parties have agreed that the Buyer will pay a such Delivery cost to the Seller.
Delivery is a service for delivering Goods within Ukraine (except for the temporarily occupied territories of Ukraine) provided to the Buyer by a specialized postal, express, or courier organization. In the text of this offer, the person providing the Goods delivery service is called the courier. Unless otherwise specifically agreed by the Parties, the Delivery will be carried out by LLC "Nova Poshta" (https://novaposhta.ua), identification code 31316718, location address: 03026, Kyiv, Stolychne Shosse, 103, building 1, floor 9, to the addresses of its branches, on the terms and conditions and at a price set by this courier.
1. GENERAL PROVISIONS
1.1 This public offer to conclude a contract (starting now referred to as the offer) contains the terms and conditions upon acceptance and compliance with which the Buyer may purchase the Goods from the Seller. The essential and additional terms of the Agreement for the sale of the Goods concluded by the Parties are contained in this offer, and the Order (its specifications) made and paid by the Buyer.
1.2. As a result of the Buyer's execution of the Order and payment of its Price, the Buyer and the Seller shall conclude a contract of sale of the Goods selected in the Order at a distance. The Buyer, by specifying in the Order that a person other than him/her should receive the Goods, hereby confirms that the Sale and Purchase Agreement is concluded between the Parties in favor of a third party – the Recipient of the Goods.
1.3. In order to purchase the Goods, the Buyer / Recipient of the Goods must take all actions depending on them, such as: agreeing and accept the terms of this offer, place an Order, pay the Order Price (as well as additional bank fees, payment system services, cost of sending money, etc.) in a timely manner and in full in accordance with the procedures described in this offer, receive the Goods from the courier, pay the courier the cost of Delivery, if it is not included in the Order Price, as well as the cost of its storage service, if the Buyer / Recipient of the Goods could not receive the Goods from the courier immediately after delivery of the Goods to the place of delivery, during the free storage time, in accordance with the courier's prices and conditions.
1.4. The Seller's obligation to transfer the Goods to the Buyer / Recipient of the Goods under the relevant Order shall be deemed fully fulfilled by the Seller at the time of delivery of the Goods to the courier for delivery to the Buyer / Recipient of the Goods.
1.5. The courier service for the Delivery of the Goods shall be considered ordered by the Buyer after he has performed all the actions provided for by the Order procedure in this offer, as well as the Terms and Conditions of Use of the Site. If the cost of Delivery of the Goods has not been included in the Order Price, it shall be paid to the courier by the Buyer / Recipient of the Goods at the time of receipt of the ordered Goods. Such payment by the Buyer / Recipient of the Goods to the courier of the cost of delivery of the Goods is a confirmation of the proper provision of the Goods Delivery service.
1.6. By choosing the Goods in the Online Store and placing an Order, the Buyer guarantees and confirms that he has timely received the necessary, understandable, accessible, and reliable information about the Goods chosen by him, as well as the Delivery service, quantity, cost, quality, assortment, properties, conditions of use of the Goods, including their composition, weight, name, trademark for goods and services under which they are sold, expiration date and information about the actions to be taken after its expiration and the possible consequences in case of failure to perform these actions, storage conditions, warranty, etc. The Buyer confirms the fact of timely receipt of this information by clicking on the "Checkout" button in the online store.
1.7. The Seller shall not be liable for non–fulfillment or improper fulfillment by the courier of the obligations imposed on the latter by the Laws of Ukraine "On Consumer Protection", "On Electronic Commerce", and for any other violations (including causing loss or damage) committed by the courier in the provision of the Delivery service.
1.8. The Seller shall be liable to the Buyer for selling the Goods of inadequate quality.
1.9. The courier who directly provides such a service to the Buyer shall be responsible for the improper provision of the Goods Delivery service.
1.10. The Seller may, at any time, without prior notice, make any changes to this offer, materials, and information contained in the online store. The Seller is not responsible for the irrelevance of the information on the Site, any losses resulting from the use, inability to use, or results of using the resource of the online store. Any information about the Goods on the online store's website is for informational purposes only and cannot be taken as fully conveying all properties and characteristics of the Goods without exception. If the Buyer has any questions about the Goods, he/she should contact the Seller for advice before ordering.
2. SUBJECT OF THE CONTRACT
2.1. On the terms and conditions specified in this offer, and as such in the completed Order, the Seller and the Buyer conclude a contract for the sale of the Goods at a distance, under which the Seller undertakes to transfer the Goods to the Buyer's ownership. The Buyer undertakes to pay the Seller the total Order Price, and the courier the cost of Delivery, if the latter was not included in the Order Price, and accept the Goods (hereinafter referred to as the Contract for the sale of the Goods, or the Contract).
2.2. By placing an Order, the Buyer agrees to all the terms of this offer, without any exceptions or reservations, and assumes all the obligations provided for by it.
3. PROCEDURE FOR ORDERING GOODS (CONCLUSION OF THE CONTRACT)
3.1. By placing an Order, the Buyer provides the Seller with his personal data and the personal data of the Recipient of the Goods in writing (electronic). By providing such personal data, the Buyer grants the Seller the right to process them indefinitely in any way, including, but not limited to, collecting, accumulating, owning, storing, adapting, changing, updating, using, and disseminating (distributing, selling, transferring), depersonalizing, destroying such personal data, including through the use of the Site. If the Buyer provides the Seller with the personal data of other persons when placing the Order, the Buyer hereby confirms that he/she has previously received the appropriate permission from them to transfer to the Seller indefinite storage, use, and processing of such data by the Seller. The right to use and process personal data received from the Buyer includes, inter alia, the Seller's right to provide such data to the courier, send notifications to the Buyer / Recipient of the Goods about the completed Order, acceptance of it for execution, dispatch of the Goods, settlement documents and documents confirming the conclusion of the Agreement, advertising, offers, other information, to the received addresses, telephones and e–mail, as well as to provide or transfer such data to third parties.
3.2. The Goods are ordered by the User by accessing the Online Store from a web browser by going to the Site at the link address (domain name): https://savvyfoods.com.ua, and going through the Order procedure;
3.3. The Order procedure involves the following mandatory steps:
3.3.1. selection by the Buyer of the Goods available for ordering in the Online Store in the quantity in which he wishes to buy it by filling the basket of the Online Store;
3.3.2. confirmation by the Buyer of his consent to purchase the Goods selected by him by sequentially indicating when ordering:
3.3.3. payment of the Order Price may be made at the Buyer's choice, which he makes when placing the Order: (i) cash on delivery to the courier upon Delivery, at the time of receipt of the Goods by the Recipient of the Goods in cash or non–cash form; (ii) preliminary (advance) non–cash payment to the Seller's account at the time of placing the Order (within 15 minutes after clicking the "Place an order" button) using special payment means of payment systems, or international payment systems MasterCard Worldwide, Cirrus Maestro or VISA International issued in the name of the Buyer. The bank or other financial institution that issued the payment instrument or is the operator of the payment system through which the Buyer makes the payment shall be responsible for the storage and protection of such payment instruments, as well as for the payment. Payment by means of payment instruments shall be deemed to have been made at the time the Seller receives an electronic confirmation of the transaction from the payment system operator, subject to further crediting (receipt) of funds in the amount of the Order Price to the Seller's bank account. Until the Seller receives the Order Price paid by the Buyer to its bank account, such Order, the Agreement, as well as the monetary transaction (transfer of funds) cannot be canceled, canceled, or challenged. When paying, the Buyer may be charged a separate fee for cash management services or money transfers in favor of banks or payment system operators, which is not included in the Order Price and is paid by the Buyer additionally.
3.4 If, when placing the Order, the Buyer chooses cash on delivery of the Order Price to the courier, the Agreement shall be deemed concluded at the moment the Buyer clicks the "Checkout" button in the online store. If, when placing the Order, the Buyer chooses a preliminary (advance) payment of the Order Price as a payment condition, the Agreement shall be deemed concluded at the time the Buyer makes such a preliminary (advance) payment of the Order Price (i.e., at the time the Seller receives electronic confirmation of the monetary transaction from the payment system operator).
3.5. Receipt of the ordered and paid for Goods may be made by the Recipient of the Goods at the address of the courier's office number, which the Buyer will notify in the Order, for which the Recipient of the Goods must identify himself with the courier, that is, identify himself and present a document confirming his identity, name the number of the shipment.
3.6. The Seller's obligation to transfer the Goods to the Buyer shall be deemed fulfilled at the time of delivery of the Goods to the courier for delivery to the Recipient of the Goods. The Seller delivers the ordered Goods to the courier for delivery to the Recipient of the Goods within 30 calendar days from the date of conclusion of the Agreement (clause 3.4. of this offer).
4. PROCEDURE FOR TERMINATION OF THE CONTRACT
4.1 The Order is considered not completed, and the Agreement is not concluded and does not require additional actions on the part of the Buyer or the Seller to cancel (terminate, terminate) it if the Buyer does not properly fulfill the conditions provided for by the Order procedure (clauses 3.3.1 – 3.3.3 of this offer);
4.2. The Order is considered canceled at the initiative of the Buyer, and the obligations of the parties under the Agreement concluded between them are terminated if:
4.2.1. The Buyer has not paid the Order Price within fifteen (15) minutes after clicking the "Checkout" button in the Online Store (if the Order provides for prepayment) or if the Recipient of the Goods has not paid the Order Price to the courier at the time of receipt of the Goods (if the Order provides for cash on delivery);
4.2.2. The Recipient of the Goods was unable to receive the Goods from the courier after Delivery (for any reason, including due to inaccurate or unreliable information in the Order about the place of Delivery or the Recipient of the Goods), and such Goods were returned to the Seller. If the Buyer prepaid the Price of such an Order, it should be refunded to the Buyer, reduced by the cost of Delivery of the Goods, their return to the Seller, and the cost of storage of the Goods by the courier, as well as the cost of transferring money, within 30 days from the date of cancellation of such an Order and the Buyer's request to the Seller for a refund of the Order Price and an indication of their current payment details;
4.2.3. The Buyer has indicated incomplete, unreliable, inaccurate data in the Order (including the place of Delivery or the identity of the Recipient of the Goods, contact details), which made it impossible to transfer them to the courier for Delivery and sending to the Recipient of the Goods. If the Buyer has prepaid such an Order, the Price of such an Order, reduced by the cost of transferring money, shall be refunded to the Buyer within 30 days from the date of execution of such an Order, and the Buyer's request to the Seller for a refund of the Order Price and an indication of his current payment details;
4.2.4. The Goods received by the Buyer, subject to the conditions of its storage, before the expiration of the established shelf life, will be of inadequate quality, and the Seller, within two months from the date of receipt of the Goods of inadequate quality from the Buyer together with a written request for its replacement, will not satisfy such a request of the Buyer to replace the purchased Goods of inadequate quality with the same or similar Goods of good quality. In this case, the Seller shall refund the Buyer the cost of the returned Goods of inadequate quality and the cost of their delivery to the Seller within 7 (seven) days from the expiration of the specified two–month period and receipt from the Buyer of a written application for termination of the Agreement in part of the purchase of the Goods of inadequate quality with a request for a refund of the amount paid for such Goods and the Buyer's current payment details.
4.3. The Order is considered canceled at the initiative of the Seller, and the obligations of the parties under the Agreement concluded between them are terminated if:
4.3.1 The Goods ordered by the Buyer are not available from the Seller, about which the Seller notifies the Buyer orally by phone or in writing to the e–mail addresses specified in the Order within 30 days from the date of the Order. In this case, all the Goods under such an Order shall not be considered purchased by the Buyer, and the Order Price (if any) shall be refunded to the Buyer within 30 days from the date of the Order.
4.3.2. The funds in the amount of the Order Price paid by the Buyer in advance, about which the Seller receives an electronic confirmation of the transaction from the payment system operator, will not be credited to the Seller's bank account for reasons beyond the latter's control. In this case, the Seller shall withdraw the Goods sent by courier, and if they are delivered to the Recipient of the Goods, the Buyer shall return them to the Seller or pay their value immediately upon receipt of the Seller's request.
4.4. By placing an Order, the Buyer confirms that he is fully familiarized with and understands the grounds for its cancellation and termination of the concluded Agreement, and such conditions satisfy him and are accepted by him without any reservations. The Buyer shall not have the right to recover the Order Price paid by him/her through payment systems by recognizing such payment as invalid or erroneous or by appealing it in payment systems.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES:
5.1. THE BUYER / RECIPIENT OF THE GOODS IS OBLIGED TO:
5.1.1. Provide only complete and accurate information about themselves, the chosen payment method, data for Delivery, and other data specified when ordering the Goods. In the event that the Buyer's Order is not executed / is executed incorrectly, inaccurately, or incompletely due to erroneous, inaccurate, or incomplete information about the Buyer / Recipient of the Goods, his details, provided by the Buyer when placing the Order, or when paying the Order Price, the Seller shall not be liable for non–fulfillment or improper fulfillment of its obligations under the relevant Order and the Agreement;
5.1.2. Execute the completed Order and the concluded Agreement, including paying for it in full within the stipulated time limits until it is canceled, and accept the Goods from the courier.
5.1.3. Follow the courier's rules regarding the Delivery service;
5.2. THE BUYER HAS THE RIGHT:
5.2.1. In the cases specified in this offer, cancel the order, terminate the Agreement in part of the purchase of the Goods of inadequate quality, return the purchased Goods of inadequate quality, and demand that the Seller replace the Goods of inadequate quality with the Goods of good quality, and if this is not possible, return the price paid for the Goods that turn out to be of inadequate quality.
5.2.2. Cancel an unpaid Order that has not been sent for Delivery by contacting the Seller by phone. The Order may be canceled only until the Goods are handed over to the courier.
5.3. THE SELLER IS OBLIGED TO:
5.3.1. Transfer the Goods purchased by the Buyer under the relevant Agreement to the courier for delivery to the Recipient of the Goods.
5.4. THE SELLER HAS THE RIGHT TO:
5.4.1 Require the Buyer to fulfill the obligations imposed on the Buyer / Recipient of the Goods in accordance with the terms of this offer.
5.4.2 To refuse to sell the Goods to the Buyer if the Buyer violates the terms of the Order placed by him or in the absence of the ordered Goods in the Seller's warehouse, including for reasons beyond the Seller's control. The Seller shall have the right to remove the specified Goods from the Buyer's Order and notify the Buyer thereof.
5.4.3. To refuse the Buyer to fulfill the Order in full or in part if all or part of the Goods is not available or on other grounds that make it impossible to deliver them. In case the Buyer refuses to fulfill the Order in full or in part, the Seller shall notify the Buyer by sending a letter to the e–mail address or telephone number specified by the Buyer when placing the Order.
5.4.4. To change or terminate this offer unilaterally. Such amendment or suspension of this offer does not apply to the Orders already made before such changes, which were accepted for execution, and to the Agreements concluded before this.
6. LIABILITY OF THE PARTIES, DISPUTE RESOLUTION
6.1. The Seller shall be liable only within the framework of the Agreement concluded with the Buyer and is not an obligated person when providing the Delivery service. At the same time, in any case, the Seller's liability to the Buyer is limited to the Order Price paid by the Buyer upon purchase of the Goods.
6.2. The Seller shall be liable to the Buyer for failure to provide the Goods to the Recipient of the Goods within the framework of the concluded Agreement. The proper provision of the Goods to the Recipient of the Goods is the transfer to the courier of the Goods provided for their Delivery to the branch's address for delivery to the Recipient of the Goods.
6.3. The Parties shall not be liable for the inconsistency of the quality of the Goods or the Delivery service with the subjective expectations of the Buyer, which are not stipulated in this offer and are not specified in the Order. The Buyer understands and agrees that his emotional, taste and aesthetic impressions of the received Goods may not correspond and coincide with his subjective expectations, which were formed based on information not disseminated by the Seller (not official websites, social networks, booklets, messages, impressions and reviews of other consumers, etc.)
6.4. The Parties shall not be liable for failure to fulfill their obligations if this resulted from force majeure that could not have been foreseen and avoided. Such circumstances include, but are not limited to: civil unrest, rallies, protests, strikes, military actions, declaration of a state of emergency, natural disasters, epidemics, quarantine measures, failures in power supply, computer equipment (including due to computer viruses), networks, communication channels, etc.
6.5. Any disputes between the Parties shall be resolved with mandatory observance of the pre–trial settlement procedure by sending a written claim. All disputes between the Buyer and the Seller arising from the Agreement shall be considered in court at the Seller's location.
Please read this public offer to conclude a contract carefully and order the Goods only if you fully agree to all its terms and conditions.
PUBLIC OFFER TO CONCLUDE A CONTRACT (OFFER)
Definition of terms:
Online Store or Website – a software and hardware complex designed to familiarize Users with information about the Goods, and the terms of their purchase, to realize the possibility of placing Orders, to ensure the accounting of transactions, and independent access of Users to individual blocks of which is possible via the Internet in a web browser at the following address: https://savvyfoods.com.ua/.
User – a person who has access to the Online Store and uses its functionality and services.
Seller – individual entrepreneur, Oleg Olegovich Degtyarenko, place of registration and actual residence: 01030, Kyiv, Viacheslav Lypynskyi St., 12, apartment 12, telephone: +380 67 442 31 52, e–mail: dofutura@gmail.com.
Buyer – a person who has placed an Order for the Goods in the Online Store and paid the Order Price to the Seller. –
Parties – the Seller and the Buyer together.
Recipient of the Goods – the person who receives the Goods, and the Buyer may be both the customer and the Recipient of the Goods.
Goods – products from the list provided on the Site, which the Seller offers for sale.
Order – the Goods selected by the Buyer in the Online Store of the appropriate assortment and quantity, and the condition of their Delivery, which the Buyer wishes to purchase, for which he:
- Fully agree to all the terms of this offer.
- Guided by the algorithm of the mechanics of the Site, selected such Goods among those available for sale, indicated the necessary information for their Delivery, including the Recipient of the Goods, and clicked on the "Checkout" button.
- Made a full advance payment of the total Order Price or undertook to pay the Order Price to the courier upon Delivery of the Goods.
Price (Cost / Amount) of the Order – the total cost of all the Goods included in the Order, as well as the cost of services for their Delivery, if the Parties have agreed that the Buyer will pay a such Delivery cost to the Seller.
Delivery is a service for delivering Goods within Ukraine (except for the temporarily occupied territories of Ukraine) provided to the Buyer by a specialized postal, express, or courier organization. In the text of this offer, the person providing the Goods delivery service is called the courier. Unless otherwise specifically agreed by the Parties, the Delivery will be carried out by LLC "Nova Poshta" (https://novaposhta.ua), identification code 31316718, location address: 03026, Kyiv, Stolychne Shosse, 103, building 1, floor 9, to the addresses of its branches, on the terms and conditions and at a price set by this courier.
1. GENERAL PROVISIONS
1.1 This public offer to conclude a contract (starting now referred to as the offer) contains the terms and conditions upon acceptance and compliance with which the Buyer may purchase the Goods from the Seller. The essential and additional terms of the Agreement for the sale of the Goods concluded by the Parties are contained in this offer, and the Order (its specifications) made and paid by the Buyer.
1.2. As a result of the Buyer's execution of the Order and payment of its Price, the Buyer and the Seller shall conclude a contract of sale of the Goods selected in the Order at a distance. The Buyer, by specifying in the Order that a person other than him/her should receive the Goods, hereby confirms that the Sale and Purchase Agreement is concluded between the Parties in favor of a third party – the Recipient of the Goods.
1.3. In order to purchase the Goods, the Buyer / Recipient of the Goods must take all actions depending on them, such as: agreeing and accept the terms of this offer, place an Order, pay the Order Price (as well as additional bank fees, payment system services, cost of sending money, etc.) in a timely manner and in full in accordance with the procedures described in this offer, receive the Goods from the courier, pay the courier the cost of Delivery, if it is not included in the Order Price, as well as the cost of its storage service, if the Buyer / Recipient of the Goods could not receive the Goods from the courier immediately after delivery of the Goods to the place of delivery, during the free storage time, in accordance with the courier's prices and conditions.
1.4. The Seller's obligation to transfer the Goods to the Buyer / Recipient of the Goods under the relevant Order shall be deemed fully fulfilled by the Seller at the time of delivery of the Goods to the courier for delivery to the Buyer / Recipient of the Goods.
1.5. The courier service for the Delivery of the Goods shall be considered ordered by the Buyer after he has performed all the actions provided for by the Order procedure in this offer, as well as the Terms and Conditions of Use of the Site. If the cost of Delivery of the Goods has not been included in the Order Price, it shall be paid to the courier by the Buyer / Recipient of the Goods at the time of receipt of the ordered Goods. Such payment by the Buyer / Recipient of the Goods to the courier of the cost of delivery of the Goods is a confirmation of the proper provision of the Goods Delivery service.
1.6. By choosing the Goods in the Online Store and placing an Order, the Buyer guarantees and confirms that he has timely received the necessary, understandable, accessible, and reliable information about the Goods chosen by him, as well as the Delivery service, quantity, cost, quality, assortment, properties, conditions of use of the Goods, including their composition, weight, name, trademark for goods and services under which they are sold, expiration date and information about the actions to be taken after its expiration and the possible consequences in case of failure to perform these actions, storage conditions, warranty, etc. The Buyer confirms the fact of timely receipt of this information by clicking on the "Checkout" button in the online store.
1.7. The Seller shall not be liable for non–fulfillment or improper fulfillment by the courier of the obligations imposed on the latter by the Laws of Ukraine "On Consumer Protection", "On Electronic Commerce", and for any other violations (including causing loss or damage) committed by the courier in the provision of the Delivery service.
1.8. The Seller shall be liable to the Buyer for selling the Goods of inadequate quality.
1.9. The courier who directly provides such a service to the Buyer shall be responsible for the improper provision of the Goods Delivery service.
1.10. The Seller may, at any time, without prior notice, make any changes to this offer, materials, and information contained in the online store. The Seller is not responsible for the irrelevance of the information on the Site, any losses resulting from the use, inability to use, or results of using the resource of the online store. Any information about the Goods on the online store's website is for informational purposes only and cannot be taken as fully conveying all properties and characteristics of the Goods without exception. If the Buyer has any questions about the Goods, he/she should contact the Seller for advice before ordering.
2. SUBJECT OF THE CONTRACT
2.1. On the terms and conditions specified in this offer, and as such in the completed Order, the Seller and the Buyer conclude a contract for the sale of the Goods at a distance, under which the Seller undertakes to transfer the Goods to the Buyer's ownership. The Buyer undertakes to pay the Seller the total Order Price, and the courier the cost of Delivery, if the latter was not included in the Order Price, and accept the Goods (hereinafter referred to as the Contract for the sale of the Goods, or the Contract).
2.2. By placing an Order, the Buyer agrees to all the terms of this offer, without any exceptions or reservations, and assumes all the obligations provided for by it.
3. PROCEDURE FOR ORDERING GOODS (CONCLUSION OF THE CONTRACT)
3.1. By placing an Order, the Buyer provides the Seller with his personal data and the personal data of the Recipient of the Goods in writing (electronic). By providing such personal data, the Buyer grants the Seller the right to process them indefinitely in any way, including, but not limited to, collecting, accumulating, owning, storing, adapting, changing, updating, using, and disseminating (distributing, selling, transferring), depersonalizing, destroying such personal data, including through the use of the Site. If the Buyer provides the Seller with the personal data of other persons when placing the Order, the Buyer hereby confirms that he/she has previously received the appropriate permission from them to transfer to the Seller indefinite storage, use, and processing of such data by the Seller. The right to use and process personal data received from the Buyer includes, inter alia, the Seller's right to provide such data to the courier, send notifications to the Buyer / Recipient of the Goods about the completed Order, acceptance of it for execution, dispatch of the Goods, settlement documents and documents confirming the conclusion of the Agreement, advertising, offers, other information, to the received addresses, telephones and e–mail, as well as to provide or transfer such data to third parties.
3.2. The Goods are ordered by the User by accessing the Online Store from a web browser by going to the Site at the link address (domain name): https://savvyfoods.com.ua, and going through the Order procedure;
3.3. The Order procedure involves the following mandatory steps:
3.3.1. selection by the Buyer of the Goods available for ordering in the Online Store in the quantity in which he wishes to buy it by filling the basket of the Online Store;
3.3.2. confirmation by the Buyer of his consent to purchase the Goods selected by him by sequentially indicating when ordering:
- His e–mail address (e–mail).
- Surname, First Name, Patronymic, and phone number (Ukrainian mobile operator) of the Recipient of the Goods.
- The region, district, name of the settlement within Ukraine (except for the temporarily occupied territories of Ukraine), the number of the courier's office to which the Seller will have to send, and the Recipient of the Goods will receive the ordered Goods.
- confirmation of their consent to purchase the finalized set of Goods, the Order Amount (the cost of the Goods and Delivery), and the terms of this Offer by clicking on the "Checkout" button in the Online Store.
3.3.3. payment of the Order Price may be made at the Buyer's choice, which he makes when placing the Order: (i) cash on delivery to the courier upon Delivery, at the time of receipt of the Goods by the Recipient of the Goods in cash or non–cash form; (ii) preliminary (advance) non–cash payment to the Seller's account at the time of placing the Order (within 15 minutes after clicking the "Place an order" button) using special payment means of payment systems, or international payment systems MasterCard Worldwide, Cirrus Maestro or VISA International issued in the name of the Buyer. The bank or other financial institution that issued the payment instrument or is the operator of the payment system through which the Buyer makes the payment shall be responsible for the storage and protection of such payment instruments, as well as for the payment. Payment by means of payment instruments shall be deemed to have been made at the time the Seller receives an electronic confirmation of the transaction from the payment system operator, subject to further crediting (receipt) of funds in the amount of the Order Price to the Seller's bank account. Until the Seller receives the Order Price paid by the Buyer to its bank account, such Order, the Agreement, as well as the monetary transaction (transfer of funds) cannot be canceled, canceled, or challenged. When paying, the Buyer may be charged a separate fee for cash management services or money transfers in favor of banks or payment system operators, which is not included in the Order Price and is paid by the Buyer additionally.
3.4 If, when placing the Order, the Buyer chooses cash on delivery of the Order Price to the courier, the Agreement shall be deemed concluded at the moment the Buyer clicks the "Checkout" button in the online store. If, when placing the Order, the Buyer chooses a preliminary (advance) payment of the Order Price as a payment condition, the Agreement shall be deemed concluded at the time the Buyer makes such a preliminary (advance) payment of the Order Price (i.e., at the time the Seller receives electronic confirmation of the monetary transaction from the payment system operator).
3.5. Receipt of the ordered and paid for Goods may be made by the Recipient of the Goods at the address of the courier's office number, which the Buyer will notify in the Order, for which the Recipient of the Goods must identify himself with the courier, that is, identify himself and present a document confirming his identity, name the number of the shipment.
3.6. The Seller's obligation to transfer the Goods to the Buyer shall be deemed fulfilled at the time of delivery of the Goods to the courier for delivery to the Recipient of the Goods. The Seller delivers the ordered Goods to the courier for delivery to the Recipient of the Goods within 30 calendar days from the date of conclusion of the Agreement (clause 3.4. of this offer).
4. PROCEDURE FOR TERMINATION OF THE CONTRACT
4.1 The Order is considered not completed, and the Agreement is not concluded and does not require additional actions on the part of the Buyer or the Seller to cancel (terminate, terminate) it if the Buyer does not properly fulfill the conditions provided for by the Order procedure (clauses 3.3.1 – 3.3.3 of this offer);
4.2. The Order is considered canceled at the initiative of the Buyer, and the obligations of the parties under the Agreement concluded between them are terminated if:
4.2.1. The Buyer has not paid the Order Price within fifteen (15) minutes after clicking the "Checkout" button in the Online Store (if the Order provides for prepayment) or if the Recipient of the Goods has not paid the Order Price to the courier at the time of receipt of the Goods (if the Order provides for cash on delivery);
4.2.2. The Recipient of the Goods was unable to receive the Goods from the courier after Delivery (for any reason, including due to inaccurate or unreliable information in the Order about the place of Delivery or the Recipient of the Goods), and such Goods were returned to the Seller. If the Buyer prepaid the Price of such an Order, it should be refunded to the Buyer, reduced by the cost of Delivery of the Goods, their return to the Seller, and the cost of storage of the Goods by the courier, as well as the cost of transferring money, within 30 days from the date of cancellation of such an Order and the Buyer's request to the Seller for a refund of the Order Price and an indication of their current payment details;
4.2.3. The Buyer has indicated incomplete, unreliable, inaccurate data in the Order (including the place of Delivery or the identity of the Recipient of the Goods, contact details), which made it impossible to transfer them to the courier for Delivery and sending to the Recipient of the Goods. If the Buyer has prepaid such an Order, the Price of such an Order, reduced by the cost of transferring money, shall be refunded to the Buyer within 30 days from the date of execution of such an Order, and the Buyer's request to the Seller for a refund of the Order Price and an indication of his current payment details;
4.2.4. The Goods received by the Buyer, subject to the conditions of its storage, before the expiration of the established shelf life, will be of inadequate quality, and the Seller, within two months from the date of receipt of the Goods of inadequate quality from the Buyer together with a written request for its replacement, will not satisfy such a request of the Buyer to replace the purchased Goods of inadequate quality with the same or similar Goods of good quality. In this case, the Seller shall refund the Buyer the cost of the returned Goods of inadequate quality and the cost of their delivery to the Seller within 7 (seven) days from the expiration of the specified two–month period and receipt from the Buyer of a written application for termination of the Agreement in part of the purchase of the Goods of inadequate quality with a request for a refund of the amount paid for such Goods and the Buyer's current payment details.
4.3. The Order is considered canceled at the initiative of the Seller, and the obligations of the parties under the Agreement concluded between them are terminated if:
4.3.1 The Goods ordered by the Buyer are not available from the Seller, about which the Seller notifies the Buyer orally by phone or in writing to the e–mail addresses specified in the Order within 30 days from the date of the Order. In this case, all the Goods under such an Order shall not be considered purchased by the Buyer, and the Order Price (if any) shall be refunded to the Buyer within 30 days from the date of the Order.
4.3.2. The funds in the amount of the Order Price paid by the Buyer in advance, about which the Seller receives an electronic confirmation of the transaction from the payment system operator, will not be credited to the Seller's bank account for reasons beyond the latter's control. In this case, the Seller shall withdraw the Goods sent by courier, and if they are delivered to the Recipient of the Goods, the Buyer shall return them to the Seller or pay their value immediately upon receipt of the Seller's request.
4.4. By placing an Order, the Buyer confirms that he is fully familiarized with and understands the grounds for its cancellation and termination of the concluded Agreement, and such conditions satisfy him and are accepted by him without any reservations. The Buyer shall not have the right to recover the Order Price paid by him/her through payment systems by recognizing such payment as invalid or erroneous or by appealing it in payment systems.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES:
5.1. THE BUYER / RECIPIENT OF THE GOODS IS OBLIGED TO:
5.1.1. Provide only complete and accurate information about themselves, the chosen payment method, data for Delivery, and other data specified when ordering the Goods. In the event that the Buyer's Order is not executed / is executed incorrectly, inaccurately, or incompletely due to erroneous, inaccurate, or incomplete information about the Buyer / Recipient of the Goods, his details, provided by the Buyer when placing the Order, or when paying the Order Price, the Seller shall not be liable for non–fulfillment or improper fulfillment of its obligations under the relevant Order and the Agreement;
5.1.2. Execute the completed Order and the concluded Agreement, including paying for it in full within the stipulated time limits until it is canceled, and accept the Goods from the courier.
5.1.3. Follow the courier's rules regarding the Delivery service;
5.2. THE BUYER HAS THE RIGHT:
5.2.1. In the cases specified in this offer, cancel the order, terminate the Agreement in part of the purchase of the Goods of inadequate quality, return the purchased Goods of inadequate quality, and demand that the Seller replace the Goods of inadequate quality with the Goods of good quality, and if this is not possible, return the price paid for the Goods that turn out to be of inadequate quality.
5.2.2. Cancel an unpaid Order that has not been sent for Delivery by contacting the Seller by phone. The Order may be canceled only until the Goods are handed over to the courier.
5.3. THE SELLER IS OBLIGED TO:
5.3.1. Transfer the Goods purchased by the Buyer under the relevant Agreement to the courier for delivery to the Recipient of the Goods.
5.4. THE SELLER HAS THE RIGHT TO:
5.4.1 Require the Buyer to fulfill the obligations imposed on the Buyer / Recipient of the Goods in accordance with the terms of this offer.
5.4.2 To refuse to sell the Goods to the Buyer if the Buyer violates the terms of the Order placed by him or in the absence of the ordered Goods in the Seller's warehouse, including for reasons beyond the Seller's control. The Seller shall have the right to remove the specified Goods from the Buyer's Order and notify the Buyer thereof.
5.4.3. To refuse the Buyer to fulfill the Order in full or in part if all or part of the Goods is not available or on other grounds that make it impossible to deliver them. In case the Buyer refuses to fulfill the Order in full or in part, the Seller shall notify the Buyer by sending a letter to the e–mail address or telephone number specified by the Buyer when placing the Order.
5.4.4. To change or terminate this offer unilaterally. Such amendment or suspension of this offer does not apply to the Orders already made before such changes, which were accepted for execution, and to the Agreements concluded before this.
6. LIABILITY OF THE PARTIES, DISPUTE RESOLUTION
6.1. The Seller shall be liable only within the framework of the Agreement concluded with the Buyer and is not an obligated person when providing the Delivery service. At the same time, in any case, the Seller's liability to the Buyer is limited to the Order Price paid by the Buyer upon purchase of the Goods.
6.2. The Seller shall be liable to the Buyer for failure to provide the Goods to the Recipient of the Goods within the framework of the concluded Agreement. The proper provision of the Goods to the Recipient of the Goods is the transfer to the courier of the Goods provided for their Delivery to the branch's address for delivery to the Recipient of the Goods.
6.3. The Parties shall not be liable for the inconsistency of the quality of the Goods or the Delivery service with the subjective expectations of the Buyer, which are not stipulated in this offer and are not specified in the Order. The Buyer understands and agrees that his emotional, taste and aesthetic impressions of the received Goods may not correspond and coincide with his subjective expectations, which were formed based on information not disseminated by the Seller (not official websites, social networks, booklets, messages, impressions and reviews of other consumers, etc.)
6.4. The Parties shall not be liable for failure to fulfill their obligations if this resulted from force majeure that could not have been foreseen and avoided. Such circumstances include, but are not limited to: civil unrest, rallies, protests, strikes, military actions, declaration of a state of emergency, natural disasters, epidemics, quarantine measures, failures in power supply, computer equipment (including due to computer viruses), networks, communication channels, etc.
6.5. Any disputes between the Parties shall be resolved with mandatory observance of the pre–trial settlement procedure by sending a written claim. All disputes between the Buyer and the Seller arising from the Agreement shall be considered in court at the Seller's location.
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