Public offer agreement
This Agreement is the official offer of TM FOODEX (hereinafter referred to as the “Seller”) to any legal entity, individual entrepreneur or individual, user of the services of the online store (hereinafter referred to as the “Buyer”), which includes all the essential conditions for organizing the purchase and sale of goods remotely (that is, through the online store).
The terms of this Agreement regulate the relationship between the Seller and the Buyer and are determined by the Law of Ukraine “On Protection of Consumer Rights” No. 1023-XII dated May 12, 1991.
The use of the services and the purchase of goods provided by the Internet store/Application implies the consent of the person using the services or buying the goods with the rules, terms, restrictions and other terms of cooperation set forth in this document.
By accepting the terms of this Agreement, the Buyer confirms that:
– at the time of purchase of the goods he has full civil capacity and capacity;
– the information provided during the order of goods or services is correct and relevant;
-provided contact information can be used to report changes in work, promotional offers or provide other information related to the activities of the Seller.
Based on the above, carefully read this Agreement (public offer), and if you do not agree with any of the offer points, please immediately stop using the Online Store/Application
1. GENERAL PROVISIONS
1.1. This Agreement is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for organizing the purchase and sale of Goods remotely, that is, through the Online Store/Application.
1.2. In accordance with Article 642 of the Civil Code of Ukraine, a complete and unconditional acceptance of the terms of this Agreement, that is, a public offer, is the fact of placing an Order with the Seller, both independently and with the help of the operator, and the Buyer further acts as a person who entered into contractual relations. The Buyer shall familiarize himself with the terms of the Agreement.
1.3. The public offer is also accepted when registering the Buyer in the Internet store/Application.
1.4. Concluding the Contract, the Buyer confirms that he is fully acquainted and agrees with its terms, and also, if the Buyer is an individual, gives permission to process his personal data in order to be able to fulfill the terms of this Contract, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. In addition, by concluding this Agreement, the Buyer confirms that he knows (without additional notice) about the rights established by the Law of Ukraine “On the Protection of Personal Data” on the purposes of data collection. The scope of the Buyer’s rights 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.
Terms and definitions
Offer “- a public offer of the Seller addressed to any individual and legal entity in order to conclude a contract of sale on the existing conditions specified in the Agreement.
Online Store “- in accordance with the Law of Ukraine” On Electronic Commerce, “a means for submitting or selling goods, work or services by performing an electronic transaction on the basis of the Buyer’s familiarization with the information offered by the Seller, which is presented in electronic form on the Seller’s website (” foodexhub.com.ua “), which excludes the possibility of direct familiarization of the buyer with the Goods or with samples of the Goods during the conclusion of such an Agreement.
Application “- any application software of the Seller is implemented in the hardware and software environment of the mobile phone or other wireless device of the Buyer, and is intended for orders of the Seller’s Goods.
Product “- a list of names of the range of goods and services presented in the online store/Application.
Seller “- TM FOODEX service delivery of healthy food.
Buyer “-a legal or natural person who has full civil legal capacity and legal capacity and entered into a contractual relationship with the Seller on the terms specified in the Agreement.
Personal data “is any personal information that allows a third party to identify an individual (data subject).
Processing of personal data “is any operation or set of operations that are performed with personal data or arrays of personal data using or without the use of automatic procedures, such as collection, recording, systematization, structuring, storage, change, ordering, revision, use, distribution (distribution, implementation, transfer), depersonalization, destruction of personal data.
Acceptance “- full and unconditional acceptance by the Buyer of the terms of the Agreement.
Orders “- individual items from the assortment list of the Goods specified by the Buyer when placing an application in the Online Store/Seller’s Application or ordered in any other way.
Courier delivery “- direct transfer of the Goods from the Seller to the Buyer by an independent contractor who provides services to the Seller in accordance with a separate concluded contract.
2. SUBJECT OF CONTRACT
2.1. The Online Store undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for such Goods in accordance with the prices in force at the time of the Order, and accept the Goods under the terms of this Agreement.
2.2. This Agreement regulates the purchase and sale in the Online Store/Application, including:
a) the Buyer’s voluntary choice of the Goods in the Online Store/Application by category;
b) independent execution by the Buyer of the Order on the site in the Internet store/Application;
c) payment by the Buyer of the Order issued in the Online Store/Application;
d) execution and transfer of the Order to the Buyer under the terms of this Agreement.
3. COST AND PROCEDURE FOR PAYMENT OF GOODS
3.1. The price of each individual Product is determined by the Seller and indicated in the Online Store/Seller’s Application. The Order price is determined by adding the price of all Goods included in the Order and the delivery price, as well as the availability of discounts and discounts from the Buyer. The Contract Price shall be equal to the Order Price.
3.2. Prices in the Online Store/Seller’s Application are indicated in the national currency of Ukraine (hryvnia) per unit of goods in accordance with the existing price list.
3.2. Prices for the Goods may vary depending on the market conditions, which is reflected in the prices in the online store/Application. In case of a change in the price for the ordered items of the Goods for payment of the Order, the Seller is obliged to notify the Buyer of such changes as soon as possible. The Buyer has the right to confirm or cancel the Order. If there is no communication with the Buyer, the Order shall be considered canceled within 24 hours from the moment of the change in the price of the Goods. The Seller may not change the price for a particular Buyer, if he has already accepted the terms of the Seller and made payment for the Goods in the manner prescribed by this Agreement.
3.3. Payment for the Goods by the Buyer may be made as follows:
3.3.1. the Buyer pays for the Goods before the day of the first delivery by transferring funds to the Seller’s current account;
3.3.2. The Buyer pays the full cost of the Goods directly at the time of its transfer by transferring the corresponding amount of funds to the Courier.
3.4. Payment for the Goods takes place in the national currency of Ukraine hryvnia.
3.5. In case of non-cash payment, the Buyer is obliged to send the manager a document confirming the fact of payment for the Goods (screen/copy/photo of the receipt, payment order, etc.) by e-mail info@foodexhub.com.ua or viber or TG +38 (096) -315-13-38, while the Order number must be indicated.
3.6. In case of non-payment, incomplete payment or late payment, the Seller reserves the right not to provide the Goods, suspension or full failure to fulfill its obligations and is not responsible for the possible consequences of such a decision/action.
3.7. Goods are guaranteed and provided only upon receipt of payment by the Seller. Until payment is received, the Seller has no obligations to the Buyer in respect of the Goods ordered by the Buyer.
3.8. The issue of a refund for the Goods in the form of a nutrition program, after its beginning, is considered individually within 3 working days.
3.9. The funds paid by the Buyer shall not be returned in the following cases:
3.9.1. Refusal of the Buyer to receive the Goods after receiving the Goods from the courier, unless the Goods are unsuitable for consumption;
3.9.2. If the Buyer informed about the postponement/postponement/cancellation of the next delivery date after 11:00 o’clock of the previous day of the planned delivery date of the Goods.
4. FEATURES OF ORDERING CERTAIN TYPES OF GOODS
4.1. The product in the form of “Nutrition programs for weight loss” was developed by a nutritionist, taking into account moderate and safe rates of weight loss. The program is chosen individually on the basis of information provided in a personal questionnaire or in the format of a telephone consultation. Full responsibility for providing reliable and complete information about your physical condition, the presence of chronic diseases, a special condition (such as pregnancy, breastfeeding), allergies, food intolerance, taking medicines that may affect your condition and the desired result is borne by the Buyer.
4.2. The Seller informs the Buyer that intentionally or accidentally hidden information, an independent decrease in the recommended caloric content (malnutrition), a disregard for the rules and recommendations of the dietitian can have consequences in the form of a sharp decrease in weight, an eating disorder, a deterioration in emotional and physical condition. The seller does not bear any responsibility for such consequences.
5. DELIVERY OF GOODS.
5.1. The Buyer has the right to receive the ordered Goods using the services of courier delivery.
5.2. Courier delivery of the Goods to the Buyer is carried out in agreement with the Buyer and at the address indicated by him.
5.3. Delivery of the ordered Goods within the city of Kyiv is free of charge (within the limits stipulated by the delivery card on the site https://foodexhub.com.ua/
5.4. Delivery outside the city of Kyiv is calculated individually and paid separately depending on the region and the distance to the Buyer’s address.
5.5. Delivery of the Goods ordered by 11:00 o’clock is carried out the next day.
5.6. Delivery of the Goods ordered after 11:00 hours is carried out every other day.
5.7. Delivery of the Goods takes place at the agreed time with the client manager from 6:00 to 10:00 o’clock in the time range of 1 hour. “Accurate delivery” is carried out in a pre-agreed with the client manager time from 6:00 to 10:00 hours in the time range of 15 minutes. The service “Exact delivery” is paid additionally.
5.8. The Buyer has the right to postpone/postpone/cancel the date of the next delivery of the Goods, subject to the prior agreement of this issue with the client manager no later than 11:00 o’clock of the previous day of the planned delivery date. The Seller is not able to postpone/postpone/cancel the date of the next delivery of the Goods if the Buyer has notified of such delay/postponement/cancellation after 11:00 o’clock of the previous day of the planned delivery date of the Goods. The cost of such Goods is not refundable and must be paid in full.
5.9. The buyer has the right to change the time, delivery address or recipient, subject to prior agreement of this issue with the client manager, but no later than 18:00 of the previous day of the planned delivery date.
5.10. Delivery of the Goods for which it is necessary to comply with the conditions of the “cold chain” is carried out in Thermo-bags equipped with cold accumulators, which are the property of the Seller and are to be returned to the courier the next day or another day, agreed with the client manager. In case of loss or damage to the bag, the Buyer is obliged to reimburse its cost in the amount of 350.00 UAH. Each such case can be considered individually.
5.11. The buyer has the right to choose delivery in a non-refundable paper bag. In this case, the Seller is not responsible for the safety and quality of the delivered Goods.
5.12. Responsibility for the proper storage and safety of the Goods after its transfer to the Buyer is transferred exclusively to the Buyer. The seller strongly recommends storing the Goods in the refrigerator. The thermo bag is only used for safe delivery. The decision to store or transport the Goods in a thermo bag during the day is made by the Buyer independently at its own discretion solely under the personal responsibility of the Buyer. In this case, the Seller is exempt from liability for any negative consequences caused to the Buyer in connection with such a decision and improper storage of the Goods.
5.13. Food containers in which the Goods are packed can be used in a microwave oven only if the top cover/film is removed.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The seller has the right to:
6.1.1. Unilaterally terminate the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
6.2. The Seller shall:
6.2.1. In case of delivery of Goods unsuitable for consumption, replace such Goods with Goods that are suitable for consumption, or return the funds paid;
6.2.2. Ensure the confidentiality of the Buyer’s data and compliance with the legislation of Ukraine on the protection of personal data;
6.2.3. Place up-to-date contact information and possible means of communication on the Online Store/Application.
6.3. The buyer has the right to:
6.3.1. Place an Order in the Online Store/Seller’s Application;
6.3.2. Require the Seller to comply with the terms of this Agreement;
6.3.3. Require the Seller to replace the unusable Goods with Goods that are fit for consumption or return the funds paid.
6.4. The Buyer shall:
6.4.1. Read the information about the Product, which is available in the Online Store/Seller’s Application;
6.4.2. Provide the Seller with all necessary reliable, truthful and correct information.
6.4.3. Timely pay and receive the Order under the terms of this Agreement.
6.4.5. Do not reproduce, repeat, copy, sell, resell, or use in any way for any commercial purposes the Internet store/Application and/or any part thereof without the consent of the Seller.
7. RESPONSIBILITY OF THE PARTIES
7.1. The Seller shall not be liable for damage caused to the Buyer as a result of improper storage and use of the Goods.
7.2. the Seller shall not be liable for damage caused in cases specified in clause 4.2. this Agreement.
7.2. The Seller shall not be liable for improper, untimely execution of the Orders and its obligations hereunder in case the Buyer provides inaccurate or erroneous information.
7.3. The Buyer is responsible for the accuracy of the information specified when placing the Order.
7.4. The Seller and the Buyer are responsible for the fulfillment of obligations under this Agreement in accordance with the current legislation of Ukraine.
7.5. The Seller and/or the Buyer shall be exempt from liability for full or partial failure to fulfill their obligations if the failure is the result of such insurmountable circumstances as: war or military actions, earthquake, flood, fire and other natural disasters, acts or actions of public authorities, changes in customs rules, import and export restrictions that arose regardless of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party thereof and provide documents confirming the existence of such circumstances issued by the authorized bodies.
7.6. The parties make every effort to resolve any disagreements exclusively through negotiations.
8. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
8.1. By placing an Order in the Online Store/Application, the Buyer voluntarily gives his consent to the collection and processing (accumulation, storage, adaptation, recovery, use and destruction) of his own personal data indicated by him, namely: name, email, telephone, address, as well as data specified in clause 4.1. this Agreement, and also gives its consent to the transfer (distribution) of its data necessary for the proper organization of the delivery of the Goods to third parties (freight forwarding and courier organizations).
8.2. The Seller uses the received personal data of the Buyer solely for the purpose of proper organization of fulfillment of the terms of this Agreement.
8.3. Seller undertakes to protect data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, in order to fulfill obligations to the Buyer, as well as to persons authorized by the Seller to carry out direct processing of data for these purposes, as well as in cases where the disclosure of these data is established by the requirements of the current legislation of Ukraine.).
8.4. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for the poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or the inconsistency of its validity.
8.5. By subscribing to the online store and/or registering in the Application, the Buyer agrees to the Seller to receive information messages from the Seller and its partners acting on the basis of an agreement with the Seller through short message services (SMS), e-mail and messages in the Application. At any time, the Buyer has the right to refuse to receive such mailing.
9.DURATION OF THE CONTRACT
9.1. This Agreement comes into force from the date of placing the Order in the Online Store/Application and is valid until all the conditions of the Agreement are fulfilled.
9.2. Execution by the Buyer in the online store/Application of the Order means the Buyer’s full consent to the terms of this Agreement.
9.3. The Parties have the right to terminate this Agreement unilaterally, in case of non-fulfillment by one of the parties of the terms of this Agreement and in cases provided for by this Agreement, as well as the current legislation of Ukraine.
10. OTHER CONDITIONS
10.1. This Agreement is concluded on the territory of Ukraine and it is valid within the framework of the legislation of Ukraine.
10.2. The invalidity of any clause or part of this Agreement does not lead to the invalidity of the Agreement as a whole.
10.3. The Seller has the right to amend the text of this Agreement at its own discretion at any time and without prior notice to the Buyers. The current (current) version of the Agreement is always available on the pages of the online store/Seller’s Application
10.4. The absence of a hard copy of this Agreement signed between the Seller and the Buyer, with the signature of the Parties, is not the basis for recognizing this Agreement as not concluded. Making an Order in the Online Store/Seller’s Application is considered an acceptance of the Buyer (in accordance with Article 642 of the Civil Code of Ukraine) and is the moment of entry into force of the Agreement.
10.5. The Seller guarantees that the production of the Goods is carried out using the HACCP system and the Goods fully meet the safety requirements and individual quality indicators determined by the Law of Ukraine “On Basic Principles and Requirements for the Safety and Quality of Food Products.”
10.6. The seller guarantees that the menu of all food programs is balanced in its composition and meets the food and energy needs of a person. Information about the full list of dishes, their weight, calorie content, BJV is indicated in the paper application “Menu for today,” delivered together with the diet. The weight of an individual dish may differ from that stated in the appendix-Menu (+/-10%), which is due to the peculiarities of the dish or individual product and the inability to separate the portion with the exact weight. Tray weight is not included in the total weight of the dish. The difference is compensated by another dish on the menu with the appropriate nutritional value. The name of a separate dish may differ slightly from the actually delivered one, which is due to the replacement of a certain component with a seasonal product with an appropriate nutritional value without changing the main recipe from the technological map.
10.5. In case of claims, the Buyer must contact the Seller’s Support Service by phone specified in the contacts section of the Online Store/Application or by e-mail info@foodexhub.com.ua.
10.6. All text information and graphic images posted in the Internet store/Seller’s Application are the intellectual property of the Seller and/or its suppliers and manufacturers of the Goods and are protected by the intellectual property legislation of Ukraine, as well as by relevant international agreements and conventions. Any use of the results of intellectual activity posted in the Online Store/Application (including elements of the visual design of the Service, symbols, texts, graphic images, illustrations, photos, videos, programs, music, trademarks and other objects) without the written permission of the Seller or the rightholder is illegal and may cause litigation and bring violators to civil, administrative and criminal liability, respectively to the current legislation of Ukraine.
10.7. The use of the Online Store/Application in illegal and prohibited activities is prohibited. The buyer agrees to comply with the laws, including not to distribute spam, not to distribute malicious software, links to WEB resources that can harm anyone. If the Seller suspects the Buyer of committing illegal actions, including: fraud with bank cards, distribution of spam, malware, other acts that violate the terms of this Offer, the Seller has the right to apply to the relevant state authorities.
