PUBLIC AGREEMENT (OFFER)
on an order, purchase, sale and delivery of goods
This agreement between Syluma Vasyl Vasylovich, further is «Salesman» and by an user by services of internet-site, further is «Customer», is the contract of agency on an order, acquisition and delivery of products and determines the basic terms of order, purchase and delivery of goods through the internet-site https://andjoy.com.ua A buyer, operating with the purpose of purchase goods , accepts the conditions of this agreement of purchase-sale of commodities (further is Agreement) on next terms.
- DETERMINATION OF TERMS
1.1. A public offer (further is «Offer») is public suggestion of Salesman (seller) , addressed the indefinite circle of persons, to conclude with Salesman a treaty of purchase-offtake the controlled from distance method (further is «Agreement») subject to conditions, contained in the real Offer, including all Applications.
1.2. An order is a decision of Customer to order a product and its delivery, made in the internet-shop and/or assignment to purchase and delivery of products.
- GENERALS
2.1. The information resulted below is official suggestion (by an offer) of internet-shop https://andjoy.com.ua to conclude a treaty of purchase-sale of product any physical person (further is Buyer). The indicated agreement is public, I.e. in obedience to the article the 633 Civil codes of Ukraine of his condition are identical for all buyers.
2.2. In obedience to the article 642 Civil Codes of Ukraine by complete and unreserved acceptance of terms of this suggestion (offers), that confirms the conclusion of Treaty of purchase-sale of products on the terms offered below, there is a fact of registration and confirmation of order.
2.4. Buyer confirms concordances and absolute acceptance processing order by him terms of the real suggestion (offers).
2.5. Entering into Contract (that accepting the terms of the real Suggestion (Offers) by processing order), Buyer confirms the following:
а) Buyer wholly and fully acquainted, and agree with the terms of the real suggestion (offers);
- b) he gives permission for the collection, processing and transfer of personal data under the conditions specified below in the Warning regarding the collection, processing and transfer of personal data, permission for the processing of personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its expiration actions.
In addition, by concluding the Agreement, the Customer confirms that he is notified (without additional notice) of the rights established by the Law of Ukraine “On the Protection of Personal Data”, of the purposes of data collection, and that his personal data is transferred to the Seller in order to be able to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as to receive invoices, acts and other documents.
The Customer 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 Customer, without changing the purpose of processing personal data. The scope of the rights of the Customer, as a subject of personal data in accordance with the Law of Ukraine “On the Protection of Personal Data”, is known and understandable to him.
- THE PRICE OF A PRODUCT
3.1. The price for the each position of a Product is indicated on the site of internet-shop.
3.2. A salesman has a right in an one-sided order to change a price on any position of a Product.
3.3.In the case of changing the price on the booked Product Salesman is obligated to inform Buyer about the changes of cost of a Product.
3.4. The Buyer has the right to confirm or cancel the Order for the purchase of the Goods if the price is changed by the Seller after placing the Order.
3.5. Change by the Seller of the price of 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 informs 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. Settlements between the Seller and the Buyer for the Goods are made by the methods indicated on the website of the online store in the section “DELIVERY AND PAYMENT”.
- PROCESSING ORDER
4.1. The order of the Goods is carried out by the Buyer through our cafe cafe-point&JOY st. Maksimovicha 24 A or through the service of the website of the online store https://andjoy.com.ua.
4.2. When registering on the website of the online store, the Buyer undertakes to provide the following registration information:
4.2.1. surname, name, patronymic of the Buyer or the person indicated by him (recipient);
4.2.2. the address to which the Goods should be delivered (if the delivery is to the address of the Buyer);
4.2.3. E-mail address;
4.2.4. contact number.
4.3. The name, quantity, article, 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. If the Buyer does not provide the necessary information, the Seller is not responsible for providing a quality service to the Buyer when purchasing goods from the online market.
4.5. When placing an Order through the Operator (clause 4.1. of this Offer), the Buyer undertakes to provide the information specified in clause 4.2. of this Offer.
4.6. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data into the registration form on the website of the Online Store or when placing an Order through the Operator. After placing an Order through the Operator, the Buyer’s data is registered in the Seller’s database.
4.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
4.8. The remote sale and purchase agreement between the Seller and the Buyer is considered concluded from the moment the order is placed electronically on the service of the online store website or the Seller issues to the Buyer a cash or sales receipt or other document confirming payment for the Goods.
- DELIVERY AND TRANSMISSION OF PRODUCT TO BUYER
5.1. The methods, procedure and terms of delivery of goods are indicated on the website in the section “DELIVERY AND PAYMENT”. The order and terms of delivery of the ordered goods the Buyer agrees with the operator of the online market at the time of purchase.
5.2. Pickup of goods:
5.2.1. After the formation of the application, the buyer can make a calculation and receive his goods at the address: Cafe-Point & JOY, Kiev, st. Maksimovicha 24A from 10.00 to 18.00 daily.
5.2.2. The right of ownership and the risk of accidental loss or damage to the goods passes to the Customer or his Representative from the moment the goods are received by and the Parties sign the sales receipt and / or order (and / or instructions for the purchase and delivery of goods) for delivery.
5.3. Delivery of goods is carried out on their own by employees of the Internet market according to the terms of delivery, or with the involvement of third parties (carrier).
5.4. Upon receipt of the goods, the Customer must, in the presence of a courier representative, check the conformity of the Goods with qualitative and quantitative characteristics (name of goods, quantity, completeness, expiration date).
5.5. When accepting the goods, the Customer or the Representative of the Customer confirms with his signature on the sales receipt and / or order for the delivery of goods that he has no claims regarding the quantity of the goods, the appearance and completeness of the goods.
- RETURN OF A PRODUCT
6.1. The customer has the right to refuse non-excisable goods at any time before its transfer, and after the transfer of non-excisable goods – in the manner and on the terms determined by the Law of Ukraine “On Protection of Consumer Rights”.
6.2. The return of non-excisable goods of good quality is possible if its presentation, consumer properties, as well as a document confirming the fact of purchase and the conditions of ordering the specified goods are preserved.
6.3. The Customer does not have the right to refuse a product of good quality, having individually defined properties, if the specified product can be used exclusively by the Consumer who purchased it (including non-standard, at the request of the Customer, sizes, etc.). Confirmation that the product has individually defined properties is the difference in the size of the product and other characteristics that are indicated in the online store.
6.4. Return of goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the “CONTACTS” section.
6.5. If the Buyer refuses a non-excisable good of good quality, the Seller returns the funds in the amount of the cost of such Goods, except for the seller’s expenses for the delivery of the returned goods.
6.6. Refund of the amount specified in clause 6.5. carried out simultaneously with the return of the goods.
- RESPONSIBILITY OF SIDES
7.1. The Seller is not liable for damage caused to the Buyer as a result of improper use of the Goods pre-ordered on the Service https://andjoy.com.ua and purchased from the Seller.
7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations if the Buyer provides false or false information.
7.3. 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.
7.4. The Seller or the Buyer shall be released from liability for full or partial failure to fulfill their obligations if the failure is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that arose regardless of the will of the Seller and/or the Buyer after conclusion of this agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party thereof.
ADDRESS AND ESSENTIAL ELEMENTS
FOP Syluma Vasyl Vasylovich,
Address: Ukraine, 08606, Kyiv region, Vasylkiv, st. Komarova 71, 14
r/s IBAN: UA633052990000026009040115830
Recipient bank: JSC CB “PRIVATBANK”
Personal identification number: 3128300850
Extract from EDRPOU: 25.07.2019, 2 356 000 0000 014359
Single tax payer, II group 20%
Not a VAT payer