This agreement concluded between the Seller and the user of the Internet site, hereinafter – the “Buyer”, is a contract of agency for the order, purchase and delivery of goods and defines the basic conditions of ordering, purchasing and delivery of goods through the Internet sites http://foody.bfc.cv.ua. The Buyer, acting for the purpose of purchasing the Goods, accepts the terms of this contract of sale of goods (hereinafter – the Agreement) on the following terms.
DEFINITION OF TERMS
1.1. Public offer (hereinafter – the “Offer”) – a public offer of the Seller, addressed to an indefinite number of persons, to enter into a contract with the Seller for the sale of goods remotely (hereinafter – the “Agreement”) on the terms contained in this Offer, including all Annexes.
1.2. Order – the Buyer’s decision to order the goods and its delivery, issued in the online store and / or an order to purchase and deliver the goods.
1.3. The site is an Internet site with the domain name bfc.cv.ua.
1.4. Seller – Andriy Anatoliyovych Tesliuk or third parties involved. The sale is carried out from the Seller’s base of operations. Details and contacts are at the end of the Agreement.
1.5. User (Buyer) – an individual, a visitor to the Site, who has placed an Order for Goods for personal use.
1.6. Goods – consumer goods, ready meals and beverages offered for sale on the Site.
TERMS
2.1. The following information is an official offer (offer) of the Seller to the Buyer to enter into a contract of sale of goods. This agreement is public. According to Article 633 of the Civil Code of Ukraine, its conditions are the same for all Buyers.
2.2. According to Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this offer (offer), which confirms the conclusion of the contract of sale of goods on the following terms, is the fact of registration and confirmation of the Order.
2.3. By placing an Order, the Buyer confirms the agreement and unconditional acceptance of the terms of this offer (offer).
2.4. By concluding the Agreement, the Buyer confirms that he is fully acquainted with and agrees to the terms of this offer (offer), and agrees to the collection, processing and transfer of personal data under the conditions specified by current legislation of Ukraine and this Agreement.
PRICE OF GOODS AND PAYMENT
3.1. The price for each item of the Goods is indicated on the website of the Online Store.
3.2. The Seller has the right to unilaterally change the price for any item of the Goods.
3.3. In the event of a change in the price of the ordered Goods, the Seller undertakes to inform the Buyer about the change in the price of the Goods.
3.4. The Buyer has the right to confirm or cancel the Order to purchase the Goods, if the price is changed by the Seller after placing the Order.
3.5. Change of the price by the Seller for the Goods paid by the Buyer is not allowed.
3.6. The Seller indicates the cost of delivery of the Goods on the website of the Online Store or notifies the Buyer when placing an order by the Operator.
3.7. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the Seller receives the funds.
3.8. The price of the Goods is indicated in hryvnias.
3.9. The price of the goods does not include commission and additional fees of banks and payment systems. The buyer pays such fees independently and at his own expense. The amount of the commission or additional fee is reported by the relevant bank and payment system
3.10. The buyer can pay for the goods online or at the time of receipt of the goods by courier. The choice of payment is made when placing an Order of Goods.
3.11. If the Order contains alcoholic Goods listed on the Site, the Buyer may pay for the entire Order only in cash by courier at the time of receipt of the goods.
3.12. When paying for the Goods online, the Buyer is redirected to the LiqPay payment service, where the Buyer has the opportunity to pay for the Order using Visa and Mastercard payment cards.
3.13. The Seller has the right to provide discounts on Goods. The terms of discounts are specified by the Seller and may be changed by the Seller unilaterally.
ORDERING
4.1. The Goods are ordered by the Buyer through the Operator by phone specified on the Site, through the service of the Site or through the pages of the Site in social networks.
4.2. When placing an order on the website of the Online Store, the Buyer undertakes to provide the following registration information:
4.2.1. last name, first name, patronymic of the Buyer or the person (recipient) specified by him;
4.2.2. the address to which the Goods should be delivered (if delivery to the address of the Buyer);
4.2.3. email address;
4.2.4. contact phone.
4.3. The name, quantity, price of the Goods selected by the Buyer are indicated in the Buyer’s basket on the Website of the Online Store.
4.4. If the Seller needs additional information, he has the right to request it from the Buyer. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing or delivering the Goods.
4.5. When placing an Order through the Operator, the Buyer undertakes to provide the information specified in clause 4.2. of this Offer.
4.6. The Buyer’s approval of the terms of this Offer is made by the Buyer entering the relevant data in the registration form on the website of the Online Store or
when placing an Order through the Operator. After placing the Order through the Operator, the data on the Buyer are registered in the database of the Seller.
4.7. The Buyer is responsible for the accuracy of the information provided when placing an order.
4.8. The contract of sale by distance between the Seller and the Buyer is concluded from the moment of electronic ordering on the website of the online store, or issuance by the Seller to the Buyer of a cash or commodity check or other document confirming payment for the Goods.
DELIVERY AND DELIVERY OF GOODS TO THE BUYER
5.1. Delivery of the Goods is carried out by courier delivery in Chernivtsi. The delivery area is indicated on the Site at the link http://foody.bfc.cv.ua/umovi-dostavki/
5.2. The moment of transfer of ownership of the Goods is the moment of transfer of the Goods to the Buyer, or to the person specified in the Order as the recipient. At the time of transfer of ownership, the Seller is considered to have fulfilled its obligations under the Agreement.
5.3. Delivery of the Goods is a separate service, and in no way relates to the sale of the Goods.
RETURN OF GOODS
6.1. Food products available on the Site for the Order are not subject to exchange and return in accordance with the Resolution of the Cabinet of Ministers of Ukraine N172 of 19.03.1994 “On the implementation of certain provisions of the Law of Ukraine” On Consumer Protection “as amended.
6.2. During the acceptance of the Goods, the Buyer inspects the conformity of the range, completeness and quality and the presence of defects on the packaging. In case of non-compliance, the Buyer may refuse the Goods.
RESPONSIBILITIES OF THE PARTIES
7.1. The Seller shall not be liable for damage caused to the Buyer as a result of improper use of the Goods, violation of a reasonable storage period specific to the relevant category of Goods, or for other reasons beyond the Seller’s control.
7.2. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in case the Buyer provides inaccurate or erroneous information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer shall be released from liability for full or partial non-performance of its obligations, if the non-performance is the result of force majeure such as war or hostilities, earthquake, flood, fire and other natural disasters that occurred independently of the Seller’s will and / or Buyer after concluding this agreement. A Party that is unable to fulfill its obligations shall immediately notify the other Party.
PERSONAL DATA
8.1. Personal data is collected and processed in order to provide Buyers with access to the Site, processing of Buyers’ Orders, execution of Orders, settlements between the Parties, information (including advertising materials), as well as other actions related to such purposes.
8.2. Permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that he is informed (without additional notice) about the rights established by the Law of Ukraine “On Personal Data Protection”, the purposes of data collection, and that his personal data is transferred to the Seller for the purpose specified in this Agreement, as well as in order to fulfill the terms of this Agreement, the possibility of mutual settlements, as well as to obtain invoices, acts and other documents.
8.3. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notice to the Buyer, without changing the purpose of personal data processing. The scope of the rights of the Buyer as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood.
8.4. The Buyer agrees that the Seller has the right to send advertising messages, promote the Goods, information materials about the Goods, other information by any available means of communication, including information about the Seller’s services.