Khinkali
Khachapuri
Grilled dishes
According to this Agreement, one party FOP Kaplun Volodymyr Yuriyovych * – the Seller, on the one hand, and any person who accepted the terms of this Public Offer Agreement – the Buyer, on the other hand, hereinafter together – the Parties, concluded this Agreement, addressed to an unlimited number of persons , which is the official public offer of the Seller to conclude a sales contract with the Buyers for the Goods, the assortment and detailed information about which is available on the website https://akhali.lviv.ua
Buyers, when purchasing Goods, the assortment and detailed information about which are contained on the website https://akhali.lviv.ua, accept the terms of this Agreement on the following.
1. GENERAL PROVISIONS
1.1. Contractual relations between the Seller and the Buyer are drawn up in the form of a Public Offer Agreement.
1.2. The public offer contract is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers, regardless of their status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and conditions of placing an order, payment and delivery of goods by the Seller, confirms that he is 18 years old at the time of purchasing the goods; responsibility for non-fulfillment of the terms of this Agreement.
2. TERMS AND DEFINITIONS
“Public offer contract” – a public contract, a sample of which is posted on the website https://akhali.lviv.ua, containing the Seller’s offer to purchase the Goods, the assortment and detailed information about which is available on the website https://akhali.lviv.ua , aimed at an undefined circle of people.
“Acceptance” – acceptance by the Buyer of the Seller’s offer to purchase the Goods, the assortment and detailed information about which is available on the website https://akhali.lviv.ua, by adding it to the virtual cart and sending the Order.
“Site” is the website https://akhali.lviv.ua.
“Product” – dishes and drinks offered for sale, in accordance with the assortment and prices indicated on the website https://akhali.lviv.ua.
“Seller” – FOP Kaplun Volodymyr Yuriyovych.
“Purchaser” – any legally capable natural person who has reached the age of 18 at the time of concluding the Agreement, a legal entity, an individual entrepreneur who has visited the website https://akhali.lviv.ua and intends to purchase one or another Product.
“Order” – a properly executed application of the Buyer for the purchase of Goods, addressed to the Seller.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to sell the Goods on the basis of the Order placed by the Buyer on the terms and in the manner specified by this Agreement, and the Buyer undertakes to purchase the Goods and pay for them on the terms and in the manner specified by this Agreement.
4. ORDER PROCEDURE
4.1. The buyer can place an order independently on the Site or by phone with the help of an operator.
4.2. Orders are accepted by the Seller every day without a break and on weekends from 12:00 to 22:00.
4.3. To place an Order through the Site, the Buyer must:
– select the Products presented on the Site, their quantity, and click “Order”, the Product will be automatically added to the “Basket” section;
– fill in the data in the relevant electronic order form, choose the method of payment for the Product;
– after completing the order, select the “Checkout” function.
4.4. The order is considered completed and accepted for execution by the Seller in the event that:
4.4.1. after the Buyer completes the actions for placing an order on the Site, the Seller’s delivery operator will contact the Buyer by phone, clarify the details of the order, if necessary, and confirm to the Buyer that the relevant order has been accepted for work;
4.4.2. after the Buyer places an order over the phone, the Seller’s delivery operator will verbally confirm to the Buyer that the corresponding order has been accepted for work.
4.5. In the event that the Seller’s delivery operator does not confirm to the Buyer that the relevant order has been accepted for work, such an order is considered incomplete and cannot be fulfilled by the Seller.
4.6. The buyer bears full responsibility for the correctness and reliability of the data specified by him when placing the order.
4.7. The Seller undertakes to provide the Buyer with all the information related to the goods, registration and execution of the order, which is necessary for the selection and execution of the order.
4.8. Orders containing alcoholic beverages are only available to persons over 18 years of age.
5. ORDER DELIVERY
5.1. The goods are delivered by third parties engaged by the Seller, or by self-delivery (self-delivery) from the place of issue of the order. If it is impossible to contact the Buyer by the phone number specified by him when placing the order, the Order is considered cancelled.
5.2. Self-pickup is carried out by the Buyer from the place of issue of the order specified by the Buyer when placing the order from the possible options specified by the Seller’s delivery operator during order confirmation.
5.3. The territory of delivery of goods offered on the Site is limited, detailed information about the territory of delivery and the amount of the minimum order is posted on the Site at the link: https://akhali.lviv.ua/delivery#zona. In cities and/or areas of cities that are not specified in this section, delivery is not carried out. Detailed information on delivery addresses is provided at the phone numbers listed on the Site.
5.4. The Seller’s mode of operation and delivery time are indicated on the Site.
5.5. Delays in the delivery of the Goods are possible in the event of unforeseen circumstances that are not the fault of the Seller.
5.6. Delivery of the Order to the Buyer is carried out by the Seller to the address specified in the order.
5.7. Ownership of the Goods, as well as the risk of its accidental damage or loss, shall pass to the Buyer from the moment the Goods are handed over.
5.8. Upon acceptance of the Order, the Buyer is obliged to check the Goods for compliance with the ordered and the integrity of the packaging. In the absence of claims to the delivered Goods, the Buyer pays for the Order. Payment of the Goods by the Buyer indicates that no claims have been made against the Goods and the Seller has fully and properly fulfilled his obligation to transfer the Goods.
6. PAYMENT FOR GOODS
6.1. The price of the Product is indicated in hryvnias.
6.2. The total cost of the order consists of the cost of all Goods specified in the Buyer’s order confirmed by the Seller’s call center operator, taking into account the current price of these Goods indicated on the Site at the time of placing the order, all taxes and fees, as well as the cost of completing the order.
6.3. The total cost of the order is notified by the Seller’s delivery operator to the Buyer when placing the order.
6.4. Payment for the Goods is made in cash to the courier upon receipt of the order, or by non-cash payment by making payment using bank cards on the website or upon receipt of the order, or online using electronic payment.
6.5. Payment for the Goods is made in the national currency of Ukraine.
6.6. In the event that the Buyer has chosen a non-cash form of payment for the cost of the order, the Goods are transferred to the Buyer only on the condition that the full price of the Goods is paid. In this case, the payment of the cost of the Goods is considered to have been made at the time of crediting the relevant funds to the Seller’s account.
6.7. The Seller has the right to stop the execution of the order and/or cancel the order unilaterally in case of non-fulfilment or improper fulfillment by the Buyer of the obligation to pay for the corresponding order before the delivery of the Goods by courier to the delivery address specified by the Buyer (in the case of choosing courier delivery as method of delivery) or until the time the Buyer submits a demand for the delivery of the Goods at the place of ordering (in the case of self-pickup from the place of ordering).
6.8. The price and assortment of goods on the Site can be changed by the Seller at its own discretion at any time without the need to notify the Buyer. At the same time, the price of goods indicated on the Site at the time of placing a specific order is relevant for placing this order.
6.9. Orders containing alcoholic beverages cannot be paid with bonuses.
7. PROCEDURE FOR RETURNING GOODS
7.1. The buyer has the right to refuse the received product of inadequate quality after inspecting it at the time of receiving the product.
7.2. In case of rejection of the product of inadequate quality, the price of which was paid by the Buyer through non-cash settlement, the Seller will refund the money to the Buyer for the product of inadequate quality within 3 banking days.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. Under this Agreement, the Seller undertakes to sell the Goods offered for sale on the Site in accordance with the duly executed Buyer’s Order and the terms of this offer, and the Buyer undertakes to accept and pay for the Goods ordered by him.
8.2. This Agreement applies to all Goods displayed on the Site at the time of placing the Order by the Buyer.
8.3. The seller undertakes:
– to sell the Goods provided for in the terms of this Agreement;
– to ensure the possibility of ordering and paying for Goods;
– to provide advice on the use of the Site and placing of the Order;
8.4. The seller has the right to:
– to refuse the sale and/or transfer of the ordered Goods in connection with the improper performance by the Buyer of his obligations in accordance with this Agreement;
– make changes to this Agreement unilaterally;
– make changes to the information posted on the Site unilaterally and at its own discretion;
– involve third parties to fulfill their obligations to the Buyer;
– to change the conditions and/or delivery time of the Goods to the Buyer, provided that the Buyer is notified of such changes by the phone number specified by him when placing the order;
8.5. The buyer undertakes:
– comply with the terms of this Agreement;
– to accept the Goods of appropriate quality that correspond to the Buyer’s order;
– pay for the Product before receiving it or at the time of receiving it;
– check the quantity and name of the ordered Goods upon receipt.
8.6. The Buyer has the right: – to demand from the Seller the sale of Goods in accordance with the terms of this Agreement.
9. RESPONSIBILITY OF THE PARTIES
9.1. In case of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable provided by current legislation and this Agreement.
9.2. The Seller is not responsible for damage caused to the Buyer as a result of improper use of the Goods purchased by him.
9.3. In cases not provided for in this Agreement, the Parties bear the responsibility established by the current legislation of Ukraine.
9.4. The Seller considers the claims of the Buyers within 30 (thirty) working days from the moment of receipt of such claims.
9.5. The buyer is responsible for the correctness of the data entered in the order form.
10. DISPUTE RESOLUTION PROCEDURE
10.1 All disputed issues that may arise in relation to this Agreement or in connection with its implementation shall be resolved by the Buyer and the Seller through negotiations. The pre-trial dispute settlement procedure is mandatory.
10.2. All disputed issues are considered in the presence of a written claim sent by registered mail by means of postal communication.
10.3. In the event that the Buyer and the Seller cannot reach an agreement on disputed issues through negotiations, these issues shall be resolved in accordance with the current legislation of Ukraine.
11. CONFIDENTIALITY AND PROTECTION OF INFORMATION
11.1. The Buyer gives his consent to the Seller for the collection, processing, accumulation, storage and use of his personal data (name, mobile phone number and other personal data), as well as their transfer to third parties solely for the purpose and within the scope of ensuring the Seller’s performance of duties entrusted to him in accordance with the terms of this offer. The Buyer’s personal data is processed in accordance with the Law of Ukraine dated June 1, 2010 No. 2297-VI “On the Protection of Personal Data”. Personal data of Buyers are stored in the Seller’s database. Buyers’ personal data are collected exclusively for the purpose of fulfilling the terms of this offer, compliance with regulations in the field of tax relations regulation, relations in the field of accounting and relations in the field of advertising.
11.2. The Seller has the right to send informational messages, including advertising messages, to the Buyer’s mobile phone with his consent. The Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal, by sending a written statement about the refusal to receive advertising and other information to the Seller at the address indicated on the Site. Service messages informing the Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the Buyer.
11.3. The Seller is not responsible for the information provided by the Buyer on the Site in a publicly available form.
11.4. The Seller has the right to make recordings of telephone conversations with the Buyer, having previously informed the Buyer about such a recording. At the same time, the Seller undertakes to: prevent attempts of unauthorized access to information received during telephone conversations and/or its transfer to third parties who are not directly related to the execution of Orders, in accordance with the Law of Ukraine dated October 2, 1992 No. 2657-XII “About information”.
12. DURATION OF THE AGREEMENT
12.1. This Agreement is considered concluded at the moment of completion of the order by the Buyer and confirmation of acceptance of the order for execution by the Seller.
12.2. The Agreement is valid until all the terms of this Agreement are fully fulfilled by the parties.
13. COPYRIGHT
13.1. All text information and graphic images posted on the website https://akhali.lviv.ua are the property of Kaplun Volodymyr Yuriyovych FOP.
14. FORCE MAJEURE CIRCUMSTANCES
14.1. The Seller is released from responsibility for partial or complete non-fulfillment of obligations under this Agreement, if such non-fulfillment is the result of force majeure. Circumstances of force majeure are extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations stipulated in the terms of the contract, the occurrence and existence of which are beyond the control of the Seller. Circumstances of force majeure include: the threat of war, armed conflict or a serious threat of such a conflict, acts of terrorism, sabotage, fire, explosion, long interruptions in the operation of transport, regulated by the terms of relevant decisions and acts of state authorities, embargoes, prohibitions (restrictions ) of export/import, etc., decisions of authorities, changes in national legislation, failure of technical systems used by the Seller, criminal actions of third parties against the Seller, as well as caused by exceptional weather conditions and natural disasters, traffic jams, etc.
15. ADDITIONAL TERMS
15.1. The Seller has the right to assign or in any other way transfer his rights and obligations arising from his relationship with the Buyer to third parties.
15.2. The site may be temporarily partially or completely unavailable as a result of technical, preventive or other works, or for any other reasons of a technical nature.
15.3. For all issues that are not provided for in the terms of this offer, the Buyer and the Seller are governed by the current legislation of Ukraine.
15.4. In the case of establishing special conditions regarding the range, cost of Goods, other conditions of the order in connection with the held
purchase of shares, etc. – such actions will not be considered a violation of clause 2 of Article 633 of the Civil Code of Ukraine.
15.5. By placing an order, regardless of the method of placing it (verbally by phone or electronically on the Site), the Buyer confirms the following:
– The buyer is familiar with the conditions of this proposal (offer) to conclude the Agreement and accepts them fully and unconditionally;
– The buyer is familiar with and agrees with the assortment and cost of the Goods, their payment and delivery terms, other terms of sale of the Goods specified on the Site;
– all data provided by the Buyer when placing the order (list of Goods, personal data, delivery address, phone number, etc.) are current and complete. The Buyer provided all the necessary details of the order regarding the assortment, quantity of Goods, etc., which he intended to provide, during the placing of the order. Making changes to the order or canceling the order after its confirmation is not allowed.
