Public Offer Agreement
Last updated on September 7, 2020
Public offer agreement is to use the services of the website ninjawok.com.ua
Concepts and definitions
The Agreement — is an agreement between the Seller and the Buyer
The Website — is a website with the domain name ninjawok.com.ua
The Buyer — is a legally competent individual who has visited the website, selected at least one product item, and placed the order
Seller — is an individual entrepreneur Pilipenko Olena Sergivna
1. General Provisions
1.1. This document sets up the essential terms of sale, and it is a formal proposal for the use of a public offer agreement.
1.2. Starting to use the Website, selecting, and ordering the product, you (the Buyer) agree to all the terms of the Agreement free of total or partial exemptions. This right is personal and cannot be transferred to other individuals or corporate bodies.
1.3. The Seller may modify the terms of the Agreement at any time without restriction to modify the Agreement and specify the last updated date. The updated Agreement comes into force from the date of publication, unless otherwise stated in the Agreement.
1.4. As modifications may be introduced between visits to the Website, the Buyer undertakes to independently check the terms of the Agreement before placing an order.
1.5. The visitors to the Website and the Buyers use the Website solely on their own responsibility. The Website may be partially or completely unavailable during technical work or for other reasons without prior notice.
1.6. The Seller has the right to assign (or otherwise transfer their rights and obligations) to third parties.
1.7. In case of promotions or other activities to promote the product, the Seller has the right to establish special provisions of the Agreement. Such provisions will be considered an integral part of the Agreement and will apply to all individuals who will participate in the promotions. The order of the promotional product or the implementation of other promotional conditions means the consent of individuals to such conditions.
2.1. The Website provides basic information about the product and its photos.
2.2. The photos are product illustrations and may differ from the actual product appearance.
2.3. Product information (description) on the Website may contain errors, the Seller provides relevant information at the request of the Buyer. If such an error significantly affects the Customer’s order, they may make changes to the order or cancel it by notifying the Seller after checking the order.
2.4. The Seller has the right to change the description of the product, their prices, or to withdraw the product from sale at any time. If the Seller withdraws the already paid product, the Seller refunds the Buyer the full amount paid for the withdrawn and undelivered product.
2.5. The Website may contain information about the product range, including alcoholic beverages. It provides information to the Buyer about the product range and a manufacturer, and cannot be considered as advertising, therefore, the alcohol advertising requirements do not apply to that information.
3.1. The Buyer can request the purchase and delivery of the product that is available and posted on the Website. An order is placed by phone or online.
3.2. The Buyer can place an order by calling the phone numbers posted on the Website or provide their phone number. The Buyer selects the product and chooses the desired quantity, independently checks whether the product was chosen correctly, provides information about themselves, the delivery address, and the payment method.
3.3. The Buyer can place an order using the “Cart” on the Website. The Buyer selects the product and chooses the quantity, independently checks whether the product was chosen correctly, fills in information about themselves, the delivery address, and the payment method.
3.4. The Buyer is solely responsible for providing false information or fallacies, which made it impossible for the Seller to properly fulfill the obligations to the Buyer.
3.5. By confirming the order, the Buyer acknowledges that the Seller has provided information on the name of the Seller (provider), its location and the procedure for accepting the claim; key product characteristics; price, including a delivery fee, and terms of payment; warranty obligations and other services related to the product maintenance or repair; other terms of delivery or performance of the Agreement; period of proposal acceptance; the procedure for terminating the Agreement.
3.6. In case of the price or product range alteration, the Seller contacts the Buyer through the specified contacts to confirm the order with the updated price or cancel it. If it is impossible to contact the Buyer, the order may be considered canceled.
3.7. The Seller has the right to refuse to place an order if the Buyer previously rejected the product for reasons other than the product quality.
3.8. The Seller also has the right to cancel the order due to force majeure or in case of difficulties related to the performance of the Agreement. The Seller calls the Buyer at the specified contacts to notify them of the cancellation. If the Buyer has paid for the order, the Seller refunds the Buyer the full amount paid for the undelivered product.
4.1. The price of the product on the Website is in Ukrainian Hryvnia.
4.2. The price of the product does not include commission fees and additional fees of banks and payment systems. The Buyer pays such fees independently and at their own expense. The amount of the commission fee or additional fee is set by the relevant bank and payment system.
4.3. The price of the product is valid at the time of payment and without notice may be changed by the Seller unilaterally based on the conditions specified in the Agreement. If the price of the product changes during the processing of the order or the price on the Website does not correspond to the actual price, the Seller contacts the Buyer through the specified contacts to confirm the order with the updated price or cancel it.
4.4. When paying for the product online, the Buyer is redirected to the LiqPay that accepts payments, and the Buyer can pay for the order using Visa and Mastercard payment cards. In this case, payment is regulated by the rules of international payment systems, banks (including card-issuing banks), and other participants in the settlements.
4.5. The Seller does not process bank card transactions. In case of errors or refusals to pay, the Buyer must contact the card-issuing bank or the representative of the payment system through which the payment was made.
4.6. Any payment made on behalf of the Buyer using the personal data and means of payment of the Buyer is considered to have been made by the Buyer.
5.1. The delivery is carried out according to the area specified on the Website.
5.2. The delivery is carried out according to the date, time, and address specified by the Buyer while placing the order. The Seller’s representative may contact the Buyer to verify the date, time, and address, and offer to change the date and time. If the Seller and the Buyer have not agreed on the date, time, and delivery address, the Seller may refuse to fulfill the order.
5.3. The Buyer undertakes to provide a delivery person with the most accurate information about the location and the address and to provide free access if there is an intercom, passage control devices, security, concierge, and the like.
5.4. Upon the delivery of the product, it is handed over to the Buyer or to a person at the address specified by the Buyer who can confirm the information about the order and pay for the product if it has not been paid in advance.
5.5. The risk of accidental damage or change in the properties of the product passes to the Buyer at the time the product is received. Upon receipt, the Buyer checks the products in the order. If discrepancies are detected, the Buyer together with the delivery person records these discrepancies. The Buyer has the right to accept the product or part thereof that matches the one in the order.
5.6. Alcoholic beverages are delivered only to persons over 18 years of age. Age is confirmed by a document that can confirm the age of the Buyers and the identity. In case a relevant document is absent, the Seller’s representative does not hand over alcoholic beverages and deducts their cost. If alcoholic beverages make up most of the order, the Seller does not hand them over, and the Buyer pays (compensates) the cost of delivery.
6.1. The Buyer has the right to reject the product and terminate the Agreement within 14 (fourteen) calendar days starting from the date the product is received, except for products that are not subject to exchange and return under the Resolution of the Cabinet of Ministers of Ukraine No. 172 of March 19, 1994 about products that are not subject to exchange (return) including food items.
6.2. If the Buyer finds defects, they have the right to demand the elimination of defects, including replacing the product provided that the defects appeared before the product was handed over to the Buyer.
6.3. The refund is carried out in liaison with the payment operator and is regulated by the rules of international payment systems, banks (including card-issuing banks), and other participants in the settlement process.
6.4. In case of unilateral withdrawal from the Agreement, the prepaid money refunded to the Buyer the same method the product was paid for, no later than 30 days from the date of unilateral withdrawal was received.
7. Intellectual property
7.1. The copyright to works, including, but not limited to, photographs, images, texts, the design of the website as a whole and in details, belongs to the owner of the Website and other right holders, with whose consent works are posted on the Website.
7.2. The NINJA WOK verbal trademark, the NINJA WOK combined trademark with the logo, and the FOR TRUE CONNOISSEURS verbal trademark belong to the trademark owners.
7.3. Third parties shall not use in any way works and trademarks posted on the Website, copy in whole or in part, distribute, modify, reproduce, or use in any other way without the prior permission of the copyright holder.
7.4. Any use of works and trademarks without the permission of the copyright holders is a violation of intellectual property law.
8. Dispute resolution
8.1. If the product cannot be delivered, the Seller cancels the order and notifies the Buyer. The Buyer has the right to agree on new terms of the order if such a product is offered for sale.
8.2. The delivery person is not an individual authorized to accept claims about the quality, quantity, or product range on the Website. All claims must be addressed to the Seller.
9.1. The Seller collects and processes personal information that the Buyer provides independently during registration or placing an order under the Law of Ukraine of June 1, 2010 No. 2297-VI “Protection of Personal Data” and the Agreement.
9.2. Personal data are collected and processed to provide buyers with access to the Website, process the Buyers’ orders, inform (and provide advertising materials), as well as other actions related to these purposes.
9.4. The Buyer provides the surname and name, an e-mail, and phone number. The rest of the information is provided by the Buyer of their choice in the comments to the order. The Buyer independently checks the accuracy of the information provided.
9.5. The Seller has the right to send advertising messages, promote the product, provide information materials about products and services of the Seller, events, and promotions.
9.6. The Seller has the right to disclose the Buyers’ personal data to third parties if such disclosure is required to fulfill the Seller’s commitments under the Agreement and protect the rights and freedoms of the Seller or third parties if the Buyer violates the terms of the Agreement.
9.7. The Buyer has the right to reject advertising and other information via the e-mail posted on the Website. The Buyer has the right to request information on whether their data are processed by the Seller. The Seller responds within 30 calendar days.
10. The Seller details
IE Pilipenko Olena Sergivna
Taxpayer registration card number 3207216527
44442969 ТОВ "Мятний кінь"