public offer of piana vyshnia
Public Agreement of the Piana Vyshnia Online Store (Offer)
The text below constitutes an official public offer (in accordance with Articles 633, 639, and 641 of the Civil Code of Ukraine and Article 11 of the Law of Ukraine “On Electronic Commerce”) to enter into a Public Agreement for the sale and purchase of Goods available on the website of the Piana Vyshnia Online Store (hereinafter referred to as the “Agreement”).
The Buyer accepts (accedes to) the terms of this offer (public offer) at the time of placing an Order by clicking the “Place Order” button on the Online Store website, thereby confirming that the Buyer has read the text of this Agreement and agrees to its terms. If the Buyer has any objections to providing such consent, the Seller shall be released from any liability for failure to comply with the terms of this offer and shall have the right to cancel the Order unilaterally.
Before purchasing Goods and/or placing an Order for Goods on the Piana Vyshnia Online Store website, please read this Offer carefully.
1. DEFINITIONS
1.1. Piana Vyshnia Online Store means Limited Liability Company “PV UKRAINE”, identification code of the legal entity 45377189, registered address: 24–26 Staroznesenska Street, Lviv, Lviv Region, 79024, Ukraine.
1.2. Buyer means an individual who has fully and unconditionally accepted the terms of this Agreement (a person who has accepted the Offer) in accordance with the procedure established by this Agreement.
1.3. Parties means the Seller and the Buyer.
1.4. Piana Vyshnia Online Store Website means a collection of web pages accessible through a web browser and software modules integrated into a unified management system, located on the Internet at https://msf-strp-pv-prod.festcloud.ai/en and intended to provide information and allow the Buyer to place Orders pursuant to this Agreement.
1.5. Goods means the food products and/or other types of goods listed on the Piana Vyshnia Online Store Website, for which the price, name and description are provided. The Goods may also be accompanied by an image.
1.6. Order Web Page means a web page accessible through a web browser and software modules integrated into a unified management system, located on the Piana Vyshnia Online Store Website after clicking the “Place Order” button and intended to display information about the Goods (name, assortment, quantity and price) before an Order is placed.
1.7. Content means intellectual property objects published on the Piana Vyshnia Online Store Website in electronic (digital) format, including text, image, audio or other files, in respect of which the Seller owns the relevant proprietary rights. Such Content is provided in various formats and intended for the Buyer’s personal use by reproduction (viewing) on the Buyer’s equipment in order to ensure the Buyer’s right to information in accordance with Part 1 of Article 6 of the Law of Ukraine “On Consumer Protection”. The Content may vary depending on the settings of the browser, computer, mobile device or other technical equipment used by the Buyer to access the Piana Vyshnia Online Store Website.
1.8. Order means a duly completed request by the Buyer for the purchase and delivery of Goods to the address specified by the Buyer.
1.9. Buyer’s Representative means an individual who presents a printed Order or another document evidencing the conclusion of the Agreement with the Seller.
1.10. Carrier means a legal entity or individual entrepreneur who has assumed, under an agreement, the obligation to deliver the Goods to the destination specified by the Buyer..
2. SUBJECT MATTER OF THE AGREEMENT
2.1. The Seller undertakes, under the terms and in accordance with the procedure established by this Agreement, to transfer ownership of the Goods to the Buyer, while the Buyer undertakes to accept the Goods and pay their value.
2.2. The Goods are ordered by the Buyer exclusively for personal, family and household needs unrelated to entrepreneurial activities. The Buyer is the final consumer of the Goods.
2.3. The Content may be used by the Buyer exclusively for personal purposes by reproducing (viewing) it solely on the Buyer’s equipment in order to ensure the Buyer’s right to information in accordance with Part 1 of Article 6 of the Law of Ukraine “On Consumer Protection”. When using the Content, the Buyer shall not:
- use the Content in any manner for the purpose of transferring it to third parties or providing third parties with access to the Content;
- use the Content for business purposes or for the purpose of obtaining any benefit or profit from its use;
- process, modify, arrange, adapt, which includes making changes, including but not limited to changes made for the purpose of ensuring the operation of the Content on specific technical equipment of the Buyer; alter, distribute, publicly display, publish the Content and/or any fragments and/or components or other parts of the Content on the Internet; import, lease and/or commercially rent, publicly perform, broadcast or transmit by cable, or otherwise make the Content available to the public;
- place the Content on any resources in a manner that allows third parties to access the Content, or take any other actions that provide such access.
2.4. The Buyer warrants to the Seller that the Buyer has the necessary legal capacity and all rights and powers required and sufficient to enter into and perform this Agreement in accordance with its terms.
3. PROCEDURE FOR ORDERING GOODS
3.1. The Buyer may place an Order independently on the Website subject to the terms of this Agreement.
3.1.1. The Buyer places an Order on the Piana Vyshnia Online Store Website by adding the selected Goods to the virtual “Cart” and clicking the “Place Order” button. The name, assortment, quantity and price of the Goods that are the subject matter of this Agreement are specified in the Buyer’s Order placed through the Order Web Page, which becomes available after clicking the “Place Order” button. If the Buyer wishes to place an Order (accept the Offer), the Buyer clicks the “Order” button, thereby confirming the placement of the Order.
3.2. When placing an Order on the Piana Vyshnia Online Store Website, the Buyer shall provide the following information:
● first name, patronymic and surname;
● email address;
● delivery address;
● contact telephone number;
● other necessary information.
3.3. The Buyer shall be responsible for the accuracy of the information provided when placing an Order. In the event of errors and/or incomplete information provided in the “First Name”, “Surname”, “Telephone Number” or other fields, the Seller shall be fully released from liability for improper performance of the Order.
3.4. The Buyer may place an Order for any Goods presented on the Piana Vyshnia Online Store Website. Each item of Goods may be ordered in any quantity. Exceptions to this rule may be specified in the description of individual Goods in cases such as promotional campaigns, discontinuation of Goods, and other circumstances.
3.5. After the Order is placed as specified in Clause 3.1.1 of this Agreement, the Seller’s representative shall send a notification to the Buyer’s contact email address confirming acceptance of the Order. Receipt of the email notification by the Buyer constitutes confirmation of acceptance of the Order. Subsequently, the Seller’s representative may contact the Buyer by telephone or email to clarify information regarding the terms of the Order and delivery. Receipt by the Buyer of an SMS notification and/or email notification regarding the placed Order constitutes confirmation of acceptance of the Order.
If the Buyer selects the option “Do not call regarding the order, everything is OK”, the Seller’s representative shall have the right not to contact the Buyer by telephone or email to clarify information regarding the terms of the Order and delivery. Such selection shall constitute the Buyer’s confirmation of the accuracy of the information provided when placing the Order. The Order(s) may be dispatched only after the Buyer has made full payment for the Goods.
3.6. Detailed information about the Order, including the name, price and quantity of the selected Goods, as well as the total amount payable, is displayed on the Order Web Page and/or sent to the Buyer’s email address after the Order is placed and/or sent to the Buyer by SMS.
3.7. If the Goods cannot be ordered, purchased and/or delivered, the Seller’s representative shall notify the Buyer by telephone or email.
3.8. If the Goods are unavailable, the Buyer may choose other Goods of the same value or cancel the Order.
4. PRICE OF GOODS AND PAYMENT PROCEDURE
4.1. The price of the Goods displayed on the Website is indicated in Ukrainian hryvnia per unit of Goods and is for informational purposes.
4.2. The price of the Goods indicated on the Website may be changed by the Seller unilaterally. The price of the Goods included in an Order shall not be changed after confirmation of acceptance of the Order in accordance with Clause 3.5 of this Agreement.
4.3. The total cost of the Order consists of:
- the cost of the Goods (from all sections of the Website);
- the cost of delivery services.
4.4. Payment shall be made on the basis of 100% advance payment. Payment may be made in another manner not specified in this Clause by separate agreement between the Seller and the Buyer.
4.5. Payment for the Goods shall be made through the electronic payment service “WAYFORPAY” (using a bank card, Google Pay or Apple Pay) or by transferring funds in accordance with an invoice issued by the Seller. Payment for the Goods may be made in another manner not specified in this Clause by separate agreement between the Seller and the Buyer.
5. DELIVERY OF GOODS
5.1. The procedure, terms, methods and delivery period for the ordered Goods shall be agreed between the Buyer and the Seller’s representative.
5.2. Delivery of Goods ordered and purchased by the Buyer shall be carried out by the Seller or a third party (Carrier). Upon delivery, the Goods shall be handed over directly to the Buyer or the Buyer’s Representative.
5.3. To fulfil its delivery obligations, the Seller shall have the right to engage third parties (legal entities and/or individual entrepreneurs) under agency, commission, carriage or other agreements.
5.4. The delivery cost for each Order shall be calculated based, among other things, on the weight of all Goods ordered and the delivery address.
5.5. The Parties agree that the Seller shall be deemed to have fulfilled its obligations under this Agreement upon transferring the ordered Goods to the Carrier and/or to a third party engaged by the Seller (legal entity and/or individual entrepreneur) under an agency, commission, carriage or other agreement (in the case of delivery), or upon the transfer/receipt of the ordered Goods by the Buyer (in the case of collection by the Buyer from a designated collection point).
5.6. The date of transfer of the Goods shall be the date of acceptance and transfer of the Goods indicated in the fiscal receipt documenting the sale of the Goods. Acceptance and transfer of the Goods shall be carried out by representatives of the Parties in accordance with the applicable legislation of Ukraine and shall be documented by the Seller issuing a fiscal receipt.
5.7. The risks and title to the Goods shall pass from the Seller to the Buyer at the time of acceptance and transfer of the Goods.
6. LIABILITY OF THE PARTIES
6.1. The Parties shall be liable as provided by this Agreement and the applicable legislation of Ukraine.
6.2. The Seller shall not be liable for:
- discrepancies in the colour scheme of the Goods, which may differ from the original Goods due to differences in colour reproduction between computer monitors of different models and/or the settings of the browser, computer, mobile device or other technical equipment used by the Buyer to access the Piana Vyshnia Online Store Website;
- the content and accuracy of the information provided by the Buyer when placing an Order;
- delays and interruptions in the processing of an Order by the Seller and/or delivery of the Goods by the Carrier and/or a third party engaged by the Seller (legal entity and/or individual entrepreneur) under an agency, commission, carriage or other agreement, where such delays or interruptions arise from circumstances beyond their control;
- the transfer by the Buyer of their network identifiers, including IP address, MAC address, login and password, to third parties.
6.3. The Seller shall not be liable for any damage caused to the Buyer as a result of improper use of the Goods ordered on the Piana Vyshnia Online Store Website.
6.4. The Parties shall not be liable in the event of non-performance or improper performance of their obligations under this Agreement and shall not be deemed to have breached this Agreement or have the right to demand compensation for losses caused by such breach if such non-performance or improper performance resulted from circumstances of force majeure (“force majeure circumstances”).
6.5. In the event of late payment for the Goods, the Buyer shall pay the Seller a penalty in the amount of twice the discount rate of the National Bank of Ukraine applicable to the outstanding amount for each day of delay.
6.6. Всі спори та/або суперечки, які виникають при виконані Сторонами зобов’язань по цьому Договору, вирішуються шляхом переговорів. У випадку неможливості вирішення спору та/або суперечки протягом 60 (шістдесяти) днів з моменту початку переговорів, Сторони мають право звернутися за захистом своїх прав та інтересів в судовому порядку.
7. TERM OF THE AGREEMENT
7.1. The Agreement shall take effect from the moment it is concluded, i.e. from the moment the Buyer accepts the Agreement in accordance with the procedure established by this Agreement. Acceptance of the Agreement shall be the Buyer’s performance of actions evidencing the Buyer’s intention to enter into the Agreement and provided for by the terms of the Agreement, namely receipt of the Goods by the Buyer, as confirmed by the fiscal receipt issued by the Seller at the time the Goods are dispatched.
7.2. The Agreement shall remain in force until the Parties have fully performed their respective obligations under the Agreement.
7.3. The Parties may terminate the Agreement early by mutual consent.
7.4. In the event of early termination of the Agreement at the initiative of one of the Parties, the initiating Party shall reimburse the other Party for the expenses incurred by the other Party in connection with the performance of this Agreement.
8. OTHER TERMS
8.1. This Agreement shall have the same legal force as an agreement concluded in simple written form.
8.2. The Agreement shall be automatically dated according to the actual time at which the Buyer accepts the Offer.
8.3. All relations arising from or related to this Agreement, including matters concerning its validity, conclusion, performance, amendment, termination, interpretation of its terms, determination of the consequences of its invalidity or breach, shall be governed by this Agreement and the legislation of Ukraine.
8.4. This Agreement constitutes the entire agreement between the Parties regarding its subject matter and supersedes any previous agreements, all prior negotiations, correspondence, letters of intent and any other agreements between the Parties concerning matters related in any way to this Agreement, whether written or oral. Each Party irrevocably and unconditionally waives any right it may have to claim damages and/or terminate this Agreement due to a breach of any warranty not contained in this Agreement or any misrepresentation, regardless of whether such warranty or representation is contained in this Agreement. The Parties agree that they have reached agreement on all material terms of this Agreement.
8.5. Each Party acknowledges and agrees that, when entering into this Agreement, it relied on the representations and warranties of the other Party set out in this Agreement. Nothing in this Agreement shall exclude liability for fraud or intentional misrepresentation.
8.6. The Seller shall have the right to unilaterally amend the terms of this Agreement without prior notice to the Buyer. The new version of this Agreement shall enter into force upon its publication on the Website.
8.7. All informational materials and/or Content presented on the Piana Vyshnia Online Store Website are for reference purposes only and may not fully convey information about the properties and characteristics of the Goods, including, but not limited to, their colour, size and shape. The Content and/or informational materials may differ due to differences in colour reproduction between computer monitors of different models and/or the settings of the browser, computer, mobile device or other technical equipment used by the Buyer to access the Piana Vyshnia Online Store Website. If the Buyer has any questions regarding the properties, characteristics or other aspects of the Goods, the Buyer may, before placing an Order, contact the Seller using the telephone numbers indicated on the Website in order to obtain complete information about the Goods.
8.8. All SMS and/or email messages sent in the course of performing this Agreement shall be deemed official correspondence, shall be binding and constitute admissible evidence, and may be taken into account when resolving any claims and/or disputes arising from or in connection with the performance of this Agreement.
8.9. Information provided by the Buyer shall be treated as confidential. By accepting this Agreement or registering on the Piana Vyshnia Online Store Website (completing the registration form), the Buyer voluntarily consents to the collection and processing of their personal data in accordance with the Law of Ukraine “On Personal Data Protection” for the following purposes: the data obtained may be used for commercial purposes (for the Seller’s direct and/or indirect marketing), including processing Orders, providing information about Orders, and sending advertising and special offers, information about promotions, prize draws or any other information about the activities of the Piana Vyshnia Online Store, the Piana Vyshnia Online Store and/or partners acting under an agreement with the Seller via telecommunications means (email and mobile communications).
8.10. If the Buyer does not wish the Seller to continue processing their personal data, the Buyer shall submit a written application to the Seller. In such case, the Buyer will not be able to continue purchasing Goods from the Seller.
8.11. By registering on the Piana Vyshnia Online Store Website (completing the registration form), the Buyer gives the Seller consent to receive informational messages from the Seller and its partners acting under an agreement with the Seller via short message service (SMS) and email.