Edition of May 01, 2024
Public agreement (offer) for the use of the services of the website sushiman.kiev.ua
Terms.
Agreement – a public agreement for the use of the Website services
Website – a website with the domain name sushiman.kiev.ua
The Buyer is a legally capable individual, a visitor to the Website, who has selected at least one product and placed an order for it.
1. General provisions
1.1. This document sets out the essential terms of the sale and purchase and is a formal offer to enter into a public contract.
1.2. By starting to use the website and choosing and ordering the Goods, you (the Buyer) agree to all the terms of the Agreement without full or partial exceptions. This right is personal and cannot be transferred to other individuals or legal entities.
1.3. The Seller may amend the terms of the Agreement at any time without limitation to amend the Agreement and indicate the date of amendment. The new version shall enter into force on the date of publication, unless otherwise specified in the Agreement.
1.4. Since changes may be made between visits to the site, the Buyer undertakes to independently check the terms of the Agreement before placing an order.
1.5. Visitors to the Website and Buyers use the Website solely at their own risk. The site may be partially or completely unavailable in case of maintenance or for other reasons without prior notice.
1.6. The seller has the right to assign (or otherwise transfer) its rights and obligations to third parties.
1.7. In the event of promotions or other events to promote the goods, the Seller has the right to establish special provisions of the Agreement. Such terms and conditions shall be deemed an integral part of the Agreement and shall apply to all persons participating in the promotion, and the ordering of promotional goods or the fulfillment of other promotional conditions shall mean that the persons agree to such terms and conditions.
2. Product.
2.1. The Website contains basic product information and photos.
2.2. Photos are illustrations of the product and may differ from the actual appearance of the product.
2.3. The information about the product (description) on the Site may contain errors, the Seller provides up-to-date information at the request of the Buyer. If such an error significantly affects the Buyer’s order, the Buyer may amend 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 goods, the price of the goods, or withdraw the goods from sale at any time. If the Seller withdraws the goods already paid for, the Seller shall reimburse the Buyer for the full amount paid for the withdrawn and undelivered goods.
2.5. The Website may contain information on the range of goods, including alcoholic beverages. Such placement is to inform the Buyer about the range and manufacturer of the goods, and cannot be perceived as advertising, so the requirements for advertising of alcoholic beverages do not apply to such information.
3. Ordering.
3.1. The Buyer may place a request for the purchase and delivery of goods that are in stock and presented on the Website. Registration is carried out by phone or via the Internet.
3.2. The Buyer can place an order by calling the phone numbers indicated on the Website or leave his/her own phone number. The buyer specifies the goods and their quantity that he or she wishes to order, independently checks the correctness of the choice of goods, provides information about himself or herself, the delivery address, and the payment method.
3.3. The Buyer can place an order using the “Shopping Cart” on the Website. The buyer chooses the goods and their quantity, independently checks the correctness of the choice of goods, fills in information about himself, the delivery address and payment method.
3.4. The Buyer shall be solely responsible for the provision of false or misleading information that has resulted in the impossibility of the Seller’s proper fulfillment of its obligations to the Buyer.
3.5. The Buyer confirms the order by certifying that he has received information from the Seller regarding: the name of the seller (contractor), its location and the procedure for accepting a claim; main product characteristics; price, including delivery fees, and payment terms; warranty obligations and other services related to the maintenance or repair of products; other terms of delivery or performance of the contract; the period for accepting offers; the procedure for terminating the contract.
3.6. In the event of a change in the price or range of goods, the Seller shall contact the Buyer through the contacts specified by the Buyer 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 has previously refused the goods for reasons not related to the quality of the goods.
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 shall call the Buyer at the contact information provided by the Buyer to notify of the cancellation. If the Buyer has paid for the order, the Seller shall reimburse the Buyer for the full amount paid for the undelivered goods.
4. Payment.
4.1. The price of goods on the Website is indicated in UAH.
4.2. The price of the Goods does not include commissions and additional fees of banks and payment systems. The Buyer shall pay such fees at its own expense. The amount of the commission or additional fee is set by the respective bank and payment system.
4.3. The price of the goods is valid at the time of payment and may be changed by the Seller unilaterally without notice on the terms specified in the Agreement. If the price of the goods changes during the order processing or the price on the Website does not correspond to the current price, the Seller shall contact the Buyer through the contacts provided by the Buyer to confirm the order with the updated price or cancel it.
4.4. When paying the price of the Goods online, the Buyer is redirected to the LiqPay payment acceptance website, where the Buyer can pay for the order using Visa and Mastercard payment cards. In this case, the payment is governed by the rules of international payment systems, banks (including the bank of the Buyer’s card issuer) and other participants in the settlement.
4.5. The seller does not process bank card transactions. In case of errors or refusals to pay, the Buyer shall contact the card issuing bank or a representative of the payment system through which the payment was made.
4.6. Any payment made on behalf of the Buyer using the Buyer’s personal data and payment means shall be deemed to have been made by the Buyer.
5. Delivery
5.1. Delivery is carried out in accordance with the zone indicated on the Website.
5.2. Delivery is carried out in accordance with the date, time and address specified by the Buyer when placing the order. The Seller’s representative may contact the Buyer to clarify the date, time and address and offer to change the date and time. If the Seller and the Buyer do not agree on the date, time and address of delivery, the Seller may refuse to fulfill the order.
5.3. The buyer undertakes to provide the courier with the most accurate information about the location at the order address and to ensure free access, including in the presence of an intercom, access control devices, security, concierge, etc.
5.4. Upon delivery, the Goods shall be handed over to the Buyer or to a person who is at the address specified by the Buyer and who can confirm the order information and pay for the Goods if they have not been paid for in advance.
5.5. The risk of accidental damage or change in the properties of the goods shall be transferred to the Buyer upon receipt of the goods. Upon receipt of the goods, the Buyer checks the assortment in the order. If discrepancies are found, the Buyer and the courier shall record such discrepancy. The buyer has the right to accept the goods in the part corresponding to the order.
5.6. Alcoholic beverages are delivered only to people over 18 years old. The age is confirmed by a document that can confirm the age of the Buyer and confirm his/her identity. In the absence of the relevant document, the Seller’s representative shall not transfer such goods and deduct their value. If the majority of the order consists of such beverages, the Seller shall not transfer such goods, and the Buyer shall pay (compensate) the cost of delivery.
5.7. When placing an order that includes alcoholic beverages, the Buyer agrees that he/she has the right to refuse only the entire list of ordered alcoholic beverages, and not part of them.
6. Refund of payment
6.1. The Buyer shall have the right to refuse the goods and terminate the Agreement within 14 (fourteen) calendar days from the date of receipt of the goods, except for goods that are not subject to exchange and return in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 172 of March 19, 1994. Goods that cannot be exchanged (returned) include food products.
6.2. Alcoholic beverages of proper quality are not subject to return after payment in accordance with the requirements of the current legislation of Ukraine.
6.3. If the Buyer finds defects, he has the right to demand the elimination of defects, including by replacing the goods, provided that the defects arose before the transfer of the goods to the Buyer.
6.4. The refund procedure is carried out in conjunction with the payment acceptance operator and is governed by the rules of international payment systems, banks (including the bank of the Buyer’s card issuer) and other participants in the settlement.
6.5. In case of unilateral withdrawal from the Agreement, the prepaid funds shall be returned to the Buyer in the manner in which the Buyer paid for the goods, no later than 30 days from the date of receipt of the request for unilateral termination.
7. 7. intellectual property
7.1. The copyrights to the works, including, but not limited to, photographs, images, text, website design in general and in particular details, belong to the owner of the Website and other copyright holders with whose consent the works are posted on the Website.
8. 8. Dispute resolution
8.1. If the goods cannot be delivered, the Seller shall cancel the order and notify the Buyer thereof. The buyer has the right to agree on new order conditions if such goods are offered for sale.
8.2. The courier is not a person authorized to accept claims regarding the quality, quantity, or range of goods on the website. All claims should be sent to the Seller’s address.
9. Confidentiality.
9.1. The Seller collects and processes personal information that the Buyer provides independently during registration or ordering in accordance with the Law of Ukraine No. 2297-VI “On Personal Data Protection” dated June 1, 2010 and the Agreement.
9.2. Personal data is collected and processed in order to provide Buyers with access to the Website and to process Buyers’ orders, inform (including with advertising materials), and to perform other actions related to such purposes.
9.3. The Privacy and Personal Data Policy under the Agreement applies exclusively to the Website. When the Buyer goes to the websites of third parties (including third-party services), the Buyer is guided by the privacy policy of the relevant service.
9.4. The buyer specifies the last name and first name, e-mail, and phone number. The rest of the information is provided by the Buyer at his/her option in the comments to the order. The Buyer shall independently verify the accuracy of the information provided.
9.5. The Seller has the right to send advertising messages, promotion of goods, information materials about the Seller’s goods, services, events and promotions.
9.6. The Seller shall have the right to transfer the Buyers’ personal data to third parties if such transfer is required for the Seller to fulfill its obligations under the Agreement and to 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 refuse to receive advertising and other information by sending a message to the e-mail address specified for contact on the Website. The Buyer has the right to request information about whether his/her data is processed by the Seller. The seller shall provide such a response within 30 calendar days.
10. Seller’s data
