Public offer agreement
Under this Agreement, One Party Kraft Burger Delivery Service * – Seller, on the one hand,
and any person who has accepted the terms of this Contract of Public Offering – Buyer, on the other hand, hereinafter together – the Parties, have concluded this Agreement addressed to an unlimited circle of persons, which is the official public offer of the Seller to conclude with the Buyers the contract of sale of goods, assortment and detailed information on the site https://kraftburger.com.ua
Buyers upon purchase of the Goods, the range and detailed information contained on the site https://kraftburger.com.ua, accept the terms of this Agreement on the following.
1. GENERAL PROVISIONS
11.1. Contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement.
1.2. The contract of public offering is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, natural person – entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and procedure of ordering, payment and delivery of the goods by the Seller, responsibility for failure to comply with the terms of this Agreement.
2. TERMS AND DEFINITIONS
“Public Offer Agreement” means a public contract, a sample of which is posted on https://kraftburger.com.ua, containing the Seller’s offer to purchase the Product, the range and detailed information contained on https://kraftburger.com.ua, directed to an indefinite circle of persons.
Acceptance – the Buyer’s acceptance of the Seller’s offer to purchase the Product, the range and detailed information contained on the site https://kraftburger.com.ua, by adding it to the virtual basket and sending the Order.
“Site” is the site https://kraftburger.com.ua.
“Goods” – dishes and beverages offered for sale, in accordance with the range and prices listed on https://kraftburger.com.ua.
“Seller” – Kraft Burger delivery service.
“Buyer” – any capable individual, legal entity, entrepreneur who has visited the site https://kraftburger.com.ua and intends to purchase this or that Product.
“Order” – a duly executed application of the Buyer for the purchase of Goods addressed to the Seller.
3. SUBJECT OF THE CONTRACT
3.1. The Seller undertakes to sell the Goods on the terms and procedure specified in this Agreement on the basis of an Order issued by the Buyer, and the Buyer undertakes to purchase the Goods and to pay for the goods on the terms and procedures specified in this Agreement.
4. ORDER OF ORDERING OF ORDER
4.1. The buyer can place the order independently on the Site or by phone with the help of the operator.
4.2. Orders from the Seller are accepted daily without breaks and weekends from 12:00 to 00:00.
4.3. To place an Order through the Site the Buyer must:
– select the Goods presented on the Site, their number, and click “Add to Order”, the Goods will be automatically added to the “Cart” section;
– Click ‘Place order’ at the bottom of the site
– fill in the information in the appropriate electronic order form, choose the method of payment for the Goods;
– after the order is completed, select the “Confirm order” function.
4.4. The Order shall be considered executed and accepted for execution by the Seller if upon completion of the Buyer’s actions for placing an order on the Site, the operator of the Seller’s call center will contact the Buyer by telephone, if necessary, specify the details of the order and confirm the Buyer with the acceptance of the corresponding order in work;
4.5. The order is considered executed and accepted for execution by the Seller in case when during the actions on the ordering the buyer clicks the checkbox “do not call me” and press the button “confirm order”
4.6. The buyer is solely responsible for the accuracy and reliability of the information given to him when placing the order.
4.7. The Seller is obliged to provide the Buyer with all information related to the goods, registration and execution of the order, and is necessary for the selection and execution of the order.
5. ORDERING DELIVERY
5.1. The goods are delivered by the Seller, or by third parties involved, or by self-export (self-export) from the place of order. If it is impossible to contact the Buyer at the number specified by him during the execution of the order, the Order is considered to be canceled.
5.2. The Buyer shall self-withdraw from the place of delivery of the order specified by the Buyer when placing the order from the possible variants specified by the operator of the Seller’s call center when confirming the order.
5.3. The territory of delivery of the goods offered on the Site is limited, the detailed information about the delivery territory and the amount of the minimum order is posted on the Site at the link: https://kraftburger.com.ua/dostavka-ta-oplata/. To cities and / or districts of cities not specified in this section, delivery is not provided. Detailed information on delivery addresses is provided by 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 subject to the occurrence of unforeseen circumstances, which did not occur through the fault of the Seller.
5.6. Delivery of the Order to the Buyer is carried out by the Seller at the address specified in the order.
5.7. The ownership of the Goods, as well as the risk of accidental damage or loss, shall pass to the Buyer from the moment of delivery of the Goods.
5.8. When accepting the Order, the Buyer is obliged to check the Goods for compliance with the order and the integrity of the packaging. In the absence of claims to the delivered Goods, the Buyer pays the Order. Payment by the Buyer indicates that no claims have been made for the Goods and the Seller has fully and properly fulfilled its obligation to deliver the Goods.
6. PAYMENT OF GOODS
6.1. The price of the Goods is indicated in UAH.
6.2. The total cost of the order shall consist of the cost of all the Goods specified in the Buyer’s Buyer Order confirmed by the operator of the Buyer, taking into account the relevant taxes and fees as of the time of ordering the value of these Goods indicated on the Site, as well as the cost of completing the order.
6.3. The total cost of the order is reported by the seller’s Call Center operator to the Buyer when placing the order.
6.4. Payment for the Goods is made by courier cash upon receipt of the order, or by non-cash payment, by making a payment using bank cards on the site or upon receipt of the order, or online by electronic payment.
6.5. Payment for the Goods is made in the national currency of Ukraine.
6.6. In case the Buyer has chosen a non-cash form of payment for the order value, the Goods shall be transferred to the Buyer only if the full value of the Goods has been paid. In such a case, payment for the value of the Goods shall be deemed to have been made at the time the relevant funds were credited to the Seller’s account.
6.7. The Seller has the right to suspend the execution of the order and / or cancel the order unilaterally in case of non-fulfillment or improper fulfillment by the Buyer of the obligation to pay the relevant order until the time of delivery of the Goods by courier at the delivery address specified by the Buyer (in case of courier delivery as delivery method) or until the time when the Buyer submits a request for the delivery of the Goods at the place of delivery of the order (in case of picking a shipment from the place of delivery of the order).
6.8. The cost and range of goods on the Site may be changed by Seller at its sole discretion at any time without the need to notify Buyer. In this case, the cost of goods indicated on the Site at the time of placing a particular order is relevant to the order.
6.9. If the amount of the order is more than UAH 2,000, the preparation of the order begins on condition of payment of 10% of the amount of the order, but not less than UAH 500.
7. PROCEDURE OF RETURN OF GOODS
7.1. The buyer has the right to refuse the received goods of improper quality after their inspection at the moment of receiving the goods.
7.2. In case of rejection of goods of poor quality, the price of which was paid by the Buyer by non-cash payment, the Seller shall refund the Buyer for the goods of inadequate quality within 5 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 Buyer’s Purchase Order and the terms of this offer duly executed, 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 the Buyer’s order.
8.3. The seller agrees to:
– sell the Goods provided for in the terms of this Agreement;
– ensure the possibility of ordering and paying for the Goods;
– to advise on the use of the Site and processing the Order;
8.4. The seller has the right to:
– refuse to sell and / or transfer the ordered Goods in connection with the Buyer’s improper performance of their obligations under this Agreement;
– amend this Agreement unilaterally;
– to amend the information posted on the Site unilaterally and at its discretion;
– involve third parties to fulfill their obligations to the Buyer;
– change the terms and / or delivery time of the Goods to the Buyer, provided the Buyer is notified of such changes upon the specified by him when making the order by telephone number;
8.5. The buyer undertakes:
– comply with the terms of this Agreement;
– to accept the Good quality Goods that correspond to the Buyer’s order;
– to pay for the Goods prior to their receipt or at the time of receipt;
– check the quantity and name of the Goods ordered upon receipt.
8.6. The Buyer shall have the right to: – require the Seller to sell the Goods in accordance with the terms of this Agreement.
9. RESPONSIBILITY OF THE PARTIES
9.1. In the event of non-performance or improper performance of their obligations under the Contract, the Parties shall be liable as provided by the current legislation and this Agreement.
9.2. The Seller shall not be liable for any 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 Treaty, the Parties shall bear the responsibility established by the current legislation of Ukraine.
9.4. Seller will review Buyer’s claims within 30 (thirty) business days of receiving such claims.
9.5. The buyer is responsible for the correctness of the entered information in the Order Form.
10. DISPUTE SETTLEMENT PROCEDURE
10.1 All disputes that may arise in connection with this Agreement or in connection with its implementation Buyer and Seller resolve through negotiations. Pre-trial dispute settlement is mandatory.
10.2. All contentious issues are considered in the presence of a written claim sent by registered mail by means of postal communication.
10.3. Should the Buyer and Seller fail to reach an agreement on disputed issues through negotiation, these issues shall be resolved in accordance with the current legislation of Ukraine.
11. CONFIDENTIALITY AND PROTECTION OF INFORMATION
11.1. The Buyer consents to the Seller to collect, process, accumulate, store and use his personal data (name, mobile phone number and other personal data), as well as transfer it to third parties solely for the purpose and within the limits of ensuring the Seller’s fulfillment of obligations assigned to it in accordance with the terms of this offer. The Buyer’s personal data are processed in accordance with the Law of Ukraine of June 01, 2010 No. 2297-VI “On Personal Data Protection”. Buyers’ personal information is stored in the Seller’s database. Buyers’ personal information is collected solely for the purpose of fulfilling the terms of this offer, compliance with regulations in the field of tax relations, accounting and advertising relations.
11.2. The Seller has the right to send information, including promotional 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 the refusal by sending a written request to refuse to receive advertising and other information to the Seller at the address indicated on the Site. Service messages informing the Buyer of 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 Website in a publicly accessible form.
11.4. The Seller may record telephone conversations with the Buyer by notifying the Buyer in advance of such record. In doing so, the Seller undertakes: to prevent unauthorized access to information obtained during telephone conversations and / or transfer it to third parties who are not directly related to the execution of the Orders, in accordance with the Law of Ukraine of 26.10.1992 № 2657-XII About Information.
12. DURATION OF THE CONTRACT
12.1. This Agreement shall be deemed concluded at the time of completion of the order completion by the Buyer and confirmation of acceptance of the order for execution by the Seller.
12.2. The Agreement shall remain in force until the parties fully comply with all the terms of this Agreement.
13. COPYRIGHT
13.1. All text information and graphics displayed on https://kraftburger.com.ua are the property of the Kraft Burger Delivery Service.
14. FORCE MAJOR CIRCUMSTANCES
14.1. The Seller shall be released from liability for partial or complete default under this Agreement, if such default is due to circumstances of indelible force. Circumstances of force majeure mean extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations of the terms of the contract, the occurrence and existence of which are beyond the control of the Seller. The circumstances of force majeure include: threat of war, armed conflict or serious threat of such conflict, acts of terrorism, sabotage, fire, explosion, long interruptions in the work of transport, regulated by the terms of relevant decisions and acts of state authorities, embargoes, embargoes ) export / import, etc., decisions of the authorities, changes in national legislation, failure of the technical systems used by the Seller, criminal acts of third parties against the Seller, as well as caused by exceptional weather and conditions and natural disasters, traffic congestion, and more.
15. ADDITIONAL CONDITIONS
15.1. Seller may assign or otherwise transfer its rights and obligations arising from its relationship with Buyer to third parties.
15.2. The site may be temporarily partially or completely inaccessible due to technical, preventative or other work, or for any other technical reasons.
15.3. The Buyer and the Seller shall be governed by the laws of Ukraine for all matters not covered by the terms of this offer.
15.4. In case of establishing special conditions regarding the assortment, value of Goods, other conditions of order in connection with the holding of shares, etc. – such actions shall not be considered a violation of item 2 of Art. 633 of the Civil Code of Ukraine.
15.5. When placing an order regardless of the method of registration (orally by phone or electronic form on the Site), the Buyer confirms the following:
– The buyer is familiar with the terms of this offer (offer) to conclude the Agreement and accepts them in full and unconditionally;
– The buyer is acquainted with and agrees with the range and value of the Goods, the terms of their payment and delivery, other conditions of sale and purchase of the Goods indicated on the Site;
– All information provided by the Buyer at checkout (List of Goods, personal data, delivery address, telephone number, etc.) is up-to-date and complete. The buyer provided all the necessary details of the order regarding the assortment, the number of Goods, etc., which he intended to provide at the time of placing the order. Modifying the order or canceling the order after confirming it is not allowed.
* Kraft Burger delivery service works on a case-by-case basis on a case-by-case basis