Public Agreement (Offer)
on the sale of goods and provision of services
The Public Offer Agreement is public, meaning that according to Article 633 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of their status (individual, legal entity, individual entrepreneur). By fully agreeing to the terms of this Agreement, the Buyer accepts the terms and procedure for placing an Order, paying for the Goods, delivery of the Goods, and is responsible for non-compliance with the terms of this Agreement.
The Seller offers to conclude this Public Offer Agreement on the sale and purchase of Goods and provision of services through the Seller's Website to any person who accepts this offer (hereinafter - the Buyer), on the other side, hereinafter collectively - the Parties, and each individually - a Party.
TERMS AND DEFINITIONS
Acceptance - the Buyer's acceptance of the offer in the form in which it is presented.
Website - the Seller's site, which contains an up-to-date list of Goods and their cost at the URL: www.dynastia.fish
Order - a properly completed electronic application form by the Buyer for the purchase of individual items from the product range, the total cost of the Goods selected by the Buyer, the Goods themselves which the Buyer has chosen to purchase and have delivered, as well as information about the Buyer (data that allows for the identification of the Buyer, delivery address, other notes).
Courier Delivery - a service for delivering the Goods from the Seller to the Buyer within the stated period.
Call Center Operator - a representative of the Seller who accepts the Order.
Buyer - an individual or legal entity that has entered into a contractual relationship with the Seller on the terms specified in the Agreement.
Seller - the company that sells the Goods presented on the Website.
Public Offer - a public proposal from the Seller, addressed to any individual and legal entity, to conclude a purchase and sale agreement on certain terms specified in the Agreement.
Goods - food products, dishes, and drinks offered for sale, in accordance with the range and prices indicated on the Website, which are sold to the Buyer with delivery.
Third Parties - persons who are directly involved in the processing and execution of the Order.
1. GENERAL PROVISIONS
1.1. This Agreement is concluded by the Buyer providing full and unconditional consent to the conclusion of the Agreement in its entirety, without signing a written copy of the Agreement by the Parties.
1.2. The Agreement is legally binding in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine.
1.3. The Buyer confirms the fact of being acquainted with and agreeing to all the terms of this Agreement in full by means of acceptance.
1.4. This Agreement comes into force from the moment the Order is placed. Thus, the Buyer agrees to purchase the Goods available from the Seller and this agreement is valid until the Buyer receives the Goods from the Seller and full payment is made.
1.5. The Seller's obligations under the Agreement are considered fulfilled from the moment the Seller issues the Goods to the Buyer.
1.6. By concluding the Agreement, the Buyer confirms that he is fully acquainted and agrees with the terms of the Agreement, and also, if the Buyer is an individual, gives permission for the processing of his personal data for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and receiving invoices, acts, and other documents. The permission to process personal data is valid for the entire term of the Agreement. Furthermore, by concluding this Agreement, the Buyer confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection".
2. SUBJECT OF THE AGREEMENT
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, the list of which is specified in the order confirmed by the Seller, and the Buyer undertakes to pay for and accept them in the manner and on the terms provided for in this Agreement.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. In accordance with the terms of this Agreement, the Seller undertakes to deliver the Goods corresponding to the Buyer's order within the stated period, and the Buyer undertakes to accept the goods and pay a certain amount of money for them.
3.2. The Seller undertakes to:
3.2.1. Not to disclose any private information of the Buyer and not to provide access to this information to third parties, except as provided by the current legislation of Ukraine.
3.2.2. Sell goods and provide services as stipulated by the terms of this Agreement.
3.2.3. Provide advice on using the website and on placing an Order.
3.2.4. The Seller is not responsible for the improper use of the Goods by the Buyer that he ordered.
3.3. The Seller has the right to:
3.3.1. The Seller reserves the right to unilaterally terminate the provision of services under this Agreement in case of the Buyer's violation of the terms of this Agreement.
3.3.2. The Seller reserves the right to amend this Agreement unilaterally until it is concluded.
3.3.3. Make changes to the information posted on the Website unilaterally and at its discretion.
3.3.4. Involve third parties to fulfill its obligations to the Buyer.
3.3.5. Change the delivery time of the Goods ordered by the Buyer, by notifying the Buyer of such changes in advance.
3.4. The Buyer undertakes to:
3.4.1. Familiarize himself with the content of this Agreement, as well as the terms of payment and delivery on the Website before placing an Order.
3.4.2. Comply with the terms of this Agreement.
3.4.3. Accept the Goods within the stated period, pay for the Goods before or at the time of its receipt.
3.5. The Buyer has the right to:
3.5.1. Demand that the Seller provide services in accordance with the terms of this Agreement.
4. ORDER PLACEMENT PROCEDURE
4.1. The Buyer independently places an Order on the Website by adding Goods to the "CART" tab or orally by phone at the numbers listed on the Website, after having familiarized himself with the Order Placement Rules.
4.2. After selecting the list and quantity of Goods that the Buyer wants to purchase from the Seller on the Website, the Buyer fills in the data in the corresponding Order form, specifies the payment method, and selects the "PLACE ORDER" option.
4.3. The Buyer can receive the Goods by delivery or pick up the Goods himself.
4.4. An order is considered placed and accepted for execution only if:
4.4.1. The Buyer has completed the order placement process on the Website, pressed the "Submit" button, the Call Center Operator has contacted the Buyer by phone to confirm the Order and has informed the Buyer that the Order has been accepted.
4.4.2. The Buyer placed an order for the Goods by phone through the call center and the Operator confirmed to the Buyer that the Order has been accepted for execution.
4.4.3. In the event that the Call Center Operator does not confirm to the Buyer the acceptance of the order for work or the Buyer refuses to place the Order, such an Order is considered not placed and is not subject to execution.
4.5. The Buyer bears full responsibility for the accuracy of the data he provides when placing an Order for Goods.
5. SALE OF GOODS AND PROVISION OF SERVICES
5.1. The Seller may provide the Buyer with information related to the Goods, placing and executing the Order.
5.2. The Seller is not responsible for the accuracy of information about the product provided by the manufacturer of such a product which is not produced by the Seller itself.
5.3. The Seller ensures the availability of the Goods listed on the Website, but in the absence of the Goods, the Seller may exclude it from the order, having notified the Buyer in advance.
5.4. The Seller reserves the right to refuse to sell and/or deliver the ordered Goods and/or provide services to the Buyer due to the Buyer's improper fulfillment of his obligations under this Agreement.
6. ORDER EXECUTION
6.1. The Buyer has the right to receive the ordered Goods by self-pickup or to use Courier Delivery services.
6.2. Self-pickup is carried out by the Buyer from the Order pickup point specified by the Buyer when placing the Order.
6.3. The Seller's operating hours and delivery times are indicated on the Website. The delivery time may be changed by the Seller unilaterally. Circumstances caused by human factors or force majeure may lead to the impossibility of executing the Order or its untimely execution.
6.4. Courier delivery of the Order is carried out in agreement with the Buyer and to the address specified by him when placing the Order.
6.5. Ownership of the Goods, as well as the risk of its accidental damage or loss, passes to the Buyer from the moment the Goods are transferred. Payment for the Goods by the Buyer indicates that there are no claims to the Goods and the Seller has duly fulfilled its obligation to transfer the Goods.
6.6. Delivery to remote areas of the city is limited. Detailed information about the delivery area is indicated on the Website in the "Payment and Delivery" section.
7. PAYMENT FOR GOODS
7.1. The Order amount consists of the total cost of the ordered Goods.
7.2. The price of the Goods indicated on the Website may be changed by the Seller unilaterally. However, the price of the Goods ordered by the Buyer is not subject to change.
7.3. Payment for the Goods is made by the Buyer in cash or by transferring funds to the Seller's current account, upon receipt of the Order or by prepayment in an amount corresponding to the price of the Order.
7.4. The Seller has the right to provide discounts on Goods and to establish a bonus program. The types of discounts, bonuses, the procedure and conditions for their accrual are indicated on the Website and can be changed by the Seller unilaterally.
7.5. In the case of the introduction of taxes and fees that are not included in the cost of Goods (works, services), and are payable by the Buyer, the amounts of such taxes and fees will be included as a separate line in the Order and are payable by the Buyer along with the cost of the ordered Goods.
8. LIABILITY OF THE PARTIES
8.1. For non-performance or improper performance of their obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine.
8.2. The Seller is not liable for damage caused to the Buyer as a result of improper use of the Goods purchased by him.
9. DISPUTE RESOLUTION PROCEDURE
9.1. All disputes that may arise under this Agreement or in connection with its execution shall be resolved by the Buyer and the Seller through negotiations. The pre-trial dispute resolution procedure is mandatory.
9.2. 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.
10. USE OF INFORMATION
10.1. By placing an Order for Goods, the Buyer gives his consent to the Seller for the collection and processing (accumulation, storage, adaptation, restoration, use, distribution, depersonalization, and destruction) of the personal data provided by him in accordance with the Law of Ukraine "On Personal Data Protection" of 01.06.2010 No. 2297-VI. Access to the Buyer's personal data is granted only to persons who are directly involved in the processing and execution of such an Order, except in cases and within the limits provided by the current legislation of Ukraine.
10.2. The processing of personal data means any action (operation) or set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, blocking, deletion, destruction of personal data.
10.3. When placing an Order, the Buyer is obliged to provide accurate and truthful information in the amount necessary for the purchase of the Goods and the provision of services. Providing inaccurate information or failing to provide such information at the Seller's request may be grounds for refusal to sell the Goods.
10.4. The Seller is not responsible for the information provided by the Buyer on the Website in a publicly accessible form.
10.5. The Seller has the right to record telephone conversations with the Buyer, having previously warned the Buyer about the recording of this conversation. The Seller guarantees the prevention of attempts of unauthorized use of the Buyer's personal data by third parties not related to the execution of the order, except as provided by the current legislation of Ukraine.
10.6. The Seller has the right to send informational, including advertising messages to the Buyer's email and 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 of refusal to receive advertising and other information to the Seller at the address indicated on the Website. 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. INTELLECTUAL PROPERTY
11.1. All text information and graphic images posted on the Website are the property of the Seller.
12. ADDITIONAL CONDITIONS
12.1. This agreement comes into force from the date of placing the Order and is valid until all the terms of the Agreement are fulfilled.
12.2. The Website may temporarily suspend its operation due to preventive or technical work.
12.3. The Seller reserves the right to change the prices and composition of dishes at its discretion, by notifying the Buyer in advance.
12.4. The Agreement is public and indefinite and is valid until its termination by either of the Parties in the manner prescribed by this Agreement or current legislation, but in any case until its final execution by the Parties.
12.5. This version of the Public Agreement is the current one.
13. RETURN POLICY
Exchange and return of goods are carried out in accordance with the Law of Ukraine on Consumer Rights Protection and the Resolution of the Cabinet of Ministers of Ukraine of 19.03.1994 No. 172, which defines the list of goods of proper quality that are not subject to return. This list includes food products. In accordance with these regulations, only food products of inadequate quality are subject to exchange or return. At the buyer's request, an exchange or a refund of the paid funds can be made. The return period is up to 1.5 hours from the moment the buyer addresses this issue.
- Funds paid by the Buyer are not returned in the following cases:
1) the client's refusal to accept the received goods after receiving them from the courier if the goods are of proper quality.
2) the goods of proper quality are received on the store's premises.
DYNASTIA Spółka z ograniczoną odpowiedzialnością
KRS: 0001027326
NIP: 7011135983
REGON: 524835940
Adres siedziby: Kalwaryjska 69 / 9, 30-504 Kraków, Polska
Osoba kontaktowa: Dmytro Osypov
