PUBLIC OFFER AGREEMENT
Public Offer Agreement for the Sale of Goods and Services of TAKISUSHI LLC
This document is an official proposal (public Agreement) in accordance with art.633 of the Civil Code
TAKISUSHI Limited Liability Company, which is registered and operates in accordance with the current legislation of Ukraine, hereinafter referred to as The Seller, represented by its Director-General, Yaroslav Surname, acting on the basis of the Articles of association, proposes to conclude this public Offer for purchase and sales of Goods and the provision of services through the takisushi.com.ua. Seller’s Website to any adult and legally capable persons, hereinafter referred to as the buyer, collectively referred to as the parties.
The Agreement of a public Offer is public and, according to art. 633, 641 of the Civil Code of Ukraine, its terms are the same for all consumers, unconditional acceptance of the terms of which (payment by any means in accordance with part 2 of Article 642 of the Civil Code of Ukraine) is considered acceptance of this Agreement between the buyer and Seller and certifies the fact of its conclusion.
Public Offer Agreement (Offer) is an agreement, publicly concluded between the Seller and the buyer on the terms of sale of Goods and provision of services.
buyer is any adult and legally capable person who, at the time of the conclusion of the Agreement, is 18 years old and who, on the basis of a public Offer concluded with the Seller, purchases Goods and receives services and pays for them.
Document for Goods and services is a payment document (cash or commodity check, receipt, etc.) received by the buyer as a result of payment for Goods and services upon receipt by the Seller.
Goods is foods, dishes and beverages offered for sale in accordance with the assortment and prices stated on the Website, Alcoholic beverages, at prices according to approved Restaurant Lists sold by the buyer at the Seller’s delivery restaurants.
Order is a duly executed buyer e-order form for the purchase of Goods and services containing a list of Goods selected by the buyer for the purchase and Delivery of the purchased, buyer information (for identifying the buyer, Delivery address, etc.), total cost of the selected Goods.
Delivery of the Order is delivery by the Seller of the selected and ordered for purchase by the buyer of the Goods from the range of restaurants, presented on the Website at the prices set by the Sellers at the date of the Order. Delivery of the Goods acquired in the restaurants of the Goods is carried out by the Seller or by third parties involved with the Seller, on the conditions and in the terms specified on the Website in the section "Delivery" and under this Agreement.
Website is the Sellers’ website, which contains the current list of products and their cost in restaurants, on the URL: takisushi.com.ua.
1. General provisions
1.1. The Seller sells the Goods in restaurants by means of telecommunication technology, including the Website, the Order can also be accepted by the Seller by means of the phone numbers indicated on the Website as the phone numbers of the delivery service (the cost of calls is set according to the tariffs of telecommunication operators).
1.2. by ordering the Goods and Services through the Website and/or by phone, the buyer agrees to the terms of this Agreement. In the event of disagreement, the buyer shall immediately stop using the Website and forming an Order.
1.3. This Agreement, as well as information about the Goods presented on the Website, are a public Offer in accordance with art. 633 of the Civil Code of Ukraine.
1.4. The provisions of this Agreement may be amended unilaterally by the Seller without prior notice to the buyer. The new version of the contract and/or its annexes shall enter into force from the moment of its publication on the Website, unless otherwise provided by the Seller.
1.5. The Agreement is considered concluded from the moment the buyer contacts via the Seller’s Website or by the numbers indicated on the Website in the “Contacts” section.
1.6. Obligations under the Agreement are deemed fulfilled from the moment the Goods are transferred to the buyer and the Seller issues the cash or commodity check or other payment document confirming the payment of the Goods to the buyer.
1.7. by informing the Seller of his name, e-mail, phone number and place of Delivery, the buyer agrees to the processing of his personal data and the specified means of communication by the Seller, as well as by third parties engaged by him for the purpose of fulfilling the obligation “obligations to the buyer, with the purpose of the implementation of advertising and informational mailings containing information on discounts, future and current promotions and other events of the Seller, on transferring an Order for Delivery, as well as other information directly related to the implementation of duties to the buyer under this Offer.
1.8. by agreeing to the terms of the Agreement, the Seller confirms its legal capacity and dispositive capability, including his/her reaching the age of 18 at the time of conclusion of the Agreement, and also recognizes responsibility for the obligations imposed on him / her as a result of the conclusion of this Agreement.
1.9. The buyer is considered an adult who has agreed to the terms of this Agreement and has made an Order for the Goods.
2. Rights and obligations of parties:
2.1. Under this Agreement, the Seller undertakes to sell and deliver the Goods offered for sale on the Website in accordance with the properly prepared buyer's Order and the conditions of this Offer, and the buyer undertakes to accept and pay for the Goods and services ordered by him/her.
2.2. This Agreement applies to all Goods and services displayed on the Website at the time the buyer made the Order.
2.3. Seller undertakes to:
- sell Goods and provide services provided for by the terms of this Agreement;
- provide the ability to order and pay for Goods and services;
- provide advice on the use of the Website and placing an Order;
- provide information defined by the Law of Ukraine “On protection of Consumer Rights”, in particular about the name and address of the manufacturer of the Goods offered by the Seller for sale, their price, composition, weight, expiry date, information from the Seller for complaints.
2.4. The Seller has the right to:
- refuse to sell and/or transfer ordered Goods and/or services due to improper performance by the buyer of its obligations in accordance with this Agreement;
- make amendments to this Agreement unilaterally;
- make changes according to the information posted on the Website unilaterally and on Seller’s own.
- attract third parties to fulfill their obligations to the buyer;
- change the conditions and/or the Delivery time of the Goods to the buyer, provided the buyer with notification of such changes by the phone specified by him when making the Order;
- to refuse the request for the return of Goods, since according to the Decree No. 172 of March 19, 1994 of the Cabinet of Ministers of Ukraine “On the implementation of certain provisions of the Law of Ukraine “On protection of Consumer Rights”, in particular clause 1 of Annex 3, food products are not subject to exchange. In accordance with part 8 of Article 8 of the Law “On protection of Consumer Rights”, in the case of purchase of unsuitable food by the consumer, the Seller is obliged to replace it with a similar food that is fit for consumption, or to return the money paid to the consumer.
2.5. The buyer undertakes to:
- comply with the terms of this Agreement
- accept the Goods of good quality corresponding to the Order of the buyer;
- pay for the Goods before they are received or at the time of their receipt;
- check the quantity and name of the Goods ordered upon receipt.
2.6. The buyer has the right to:
- require the Seller to sell the Goods and provide services in accordance with the terms of this Agreement.
- pay for the Goods in one of the ways offered by the Seller, including online using VISA/MasterCard.
3. Ordering and registration on the Website.
3.1. To place an Order, the buyer should:
- select the menu tab on the Website;
- select the Goods presented on the Website, their quantity, and click “Order”, the Goods will be automatically added to the “Cart” section;
- after the end of the order, select the function "Checkout”;
- in the “Checkout” section, select the method of `receiving the Goods from those proposed - “Deliver” (the Delivery of the Goods is carried out when ordering Goods in the amount of UAH 150.00 (one hundred and fifty hryvnas 00 kopiyok) or “pickup”.
- fill in the data in the appropriate line in the electronic order form, choose the method of payment for the Goods: when delivered or online using VISA/MasterCard;
- confirm the acquaintance and consent to the processing of the personal data by the Seller and click "Order".
3.2. The buyer may place an Order by filling in the appropriate Order form on the Website or by the phone numbers specified on the Website in the “Contacts”section.
3.3. You can register on the Website using the “Registration” pop-up window.
3.4. Registration on the Website is not a prerequisite for ordering.
3.5. The buyer is responsible for the accuracy and/or reliability of the information provided by the Seller at registration, which caused the Seller to fail to properly fulfill his obligations to the buyer.
3.6. The buyer undertakes not to disclose to third parties the login and password specified by the buyer at registration. In the event of the buyer suspects that the security of his login and password or there is the possibility of their unauthorized use by third parties, the buyer is obliged to immediately notify the Seller, by phone numbers specified on the Website in the "Contacts" section, or by sending an e-mail to the Seller email@example.com, or by sending a message via the TAKISUSHI Contact Center on the Website.
3.7. The buyer's communication with the Seller should be based on the principles of conventional morality and communication etiquette. It is strictly forbidden to use obscene words, swearing, offensive language, threats and blackmail, regardless of the form and to whom they were addressed.
4. The procedure for the sale of the Goods and services
4.1. The Seller ensures the availability of the Goods indicated on the Website. The images accompanying the product may be different from the actual appearance of the product. Accompanying Goods/characteristics do not claim to be exhaustive and may contain typos. The Seller is not responsible for the accuracy of the information about the Goods that he does not produce, and provided by the manufacturer of such Goods.
4.2. In the absence of the Goods ordered by the buyer, the Seller has the right to exclude the specified Goods from the Order/cancel the buyer's Order by notifying the buyer of this by sending an appropriate electronic message to the address provided by the buyer at registration or by the phone specified by the buyer.
4.3. After placing the Order on the Website, the buyer is provided with information about the expected Delivery time by sending an electronic message to the address indicated by the buyer during registration and/or placing an Order, or by phone specified by the buyer. The Seller clarifies the details of the Order, agrees the Delivery time.
4.4. Delivery time can be changed by the Seller unilaterally if there are objective reasons, according to the Seller.
5. Delivery of the Order
5.1. The Goods are delivered by the Seller or by third parties involved. If it is impossible to contact the buyer at the phone number indicated by him when placing the Order, the Order is considered canceled.
5.2. The territory of Delivery of Goods offered on the Website is limited, detailed information on the territory of Delivery is available on the Website: https://takisushi.com.ua/ua/dostavka. In cities and/or districts of cities that are not specified in this section, Delivery is not carried out. Detailed information on Delivery addresses is provided by the phones indicated on the Website in the "Contacts" section.
5.3. The Seller’s working hours and Delivery times are indicated on the Website.
5.4. Delays in the Delivery of Goods are possible subject to unforeseen circumstances that occurred not through the fault of the Seller.
5.5. Delivery of the Order to the buyer is carried out by the Seller at the address specified in the Order.
5.6. The Seller’s obligation to transfer the Goods to the buyer is considered fulfilled at the time of Delivery of the Goods and the payment Document to the buyer.
5.9. The buyer understands and agrees that: the Delivery is a separate service that is not an integral part of the Goods purchased by the buyer, the execution of which ends when the buyer receives the Goods and their payment. Claims for the quality of the purchased Goods arising after receipt and payment of the Goods are considered in accordance with the Law of Ukraine "On protection of Consumer Rights".
5.10. In the event of a dispute regarding the quality of the Goods, the cost of Delivery to the buyer is not compensated.
6. Payment for the Goods
6.1. The price of the Goods is indicated in UAH and includes value added tax
6.2. The Order amount consists of the total cost of the ordered Goods.
6.3. The price of the Goods is indicated on the Website. In case of an error in certain prices of the Goods ordered by the buyer, the Seller informs the buyer about this during the confirmation of the Order. If it is impossible to contact the buyer at the phone number indicated by him when placing the Order, this Order is considered to be canceled.
6.4. The price of the Goods indicated on the Website may be changed unilaterally by the Seller. In case, the price of the Goods ordered by the buyer is not a subject to change.
6.5. If the buyer did not pay the Order before the Delivery of the Goods, then the payment is made by the buyer in cash upon receipt of the Order in the amount corresponding to the cost of the ordered Goods.
6.6. The Seller has the right to provide discounts on Goods and establish a bonus program. The types of discounts, bonuses, the procedure and terms of accrual are indicated on the Website and can be changed unilaterally by the Seller.
6.7. 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 amount of such taxes and fees will be included in a separate line in the Order and payable by the buyer along with the cost of the ordered Goods.
7. Responsibilities of the parties
7.1. In the event of non-performance or improper performance of their obligations under the Agreement, the parties have the responsibility as provided for by the laws and this Agreement.
7.2. The Seller has not the responsibility for the damage caused to the buyer as a result of improper use of the Goods purchased by him and/or due to delay of the use of the Goods.
7.3. In cases not provided for in this Agreement, the parties have the responsibility established by the current legislation of Ukraine.
7.4. The Seller will review buyer's claims within 30 (thirty) business days of receiving such claims.
7.5. The buyer is responsible for the correctness of the entered information in the Order form.
8. The procedure of settling disputes
8.1. All disputes that may arise under this Agreement or in connection with its execution, the buyer and Seller shall be resolved through negotiations. pre-trial dispute resolution is mandatory.
8.2 All disputed issues are considered in the presence of a written claim sent by registered mail by post.
8.3 In case the buyer and the Seller cannot reach agreement on disputed issues through negotiations, these issues are subject to resolution in accordance with the current legislation of Ukraine.
9. Confidentiality and security of information
9.1. The buyer gives his consent to the Seller to collect, process, accumulate, store and use his personal data (surname, name, address, mobile phone number and other personal data), as well as transfer them to third parties solely for the purpose and within the framework of the Seller fulfillment of duties assigned to him in accordance with the terms of this Offer. The buyer's personal data is processed in accordance with the Law of Ukraine of June 01, 2010 No. 2297-VI “On the protection of personal Data”.
The personal data of the buyers are stored in the database of the Seller at the address: 44 Evgeniya Konovaltsa Str., Kyiv. The personal data of buyers is collected solely for the purpose of fulfilling the conditions of this Offer, observing the norms in the field of regulation of tax relations, relations in the field of accounting and relations in the field of advertising.
9.2. When registering on the Website, the buyer provides the following information: Surname, first name, date of birth, e-mail address, Order Delivery address, contact phone number and password for accessing the Website. When placing an Order, the buyer indicates the name, e-mail address, contact phone number, Delivery address.
9.3. The Seller has the right to send informational, including advertising messages to the buyer's e-mail and mobile phone with his consent. The buyer has the right to refuse receiving advertising and other information without explaining the reasons for the refusal by sending a written statement about the refusal for receiving 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.
9.4. The Seller has the right to use the technology of “Cookies”. “Cookies” do not contain confidential information and are not transferred to third parties.
9.5. The Seller may receive information about the Ip-address of visitors of the Website. This information is not used to identify the visitor.
9.6. The Seller is not responsible for the information provided by the buyer on the Website in a public form.
9.7. The Seller has the right to record phone conversations with the buyer, having previously notified the buyer of such a recording. In this case, the Seller undertakes to: prevent attempts of unauthorized access to information obtained during phone conversations, and/or transfer it to third parties not directly related to the execution of the Orders, according to the Law of Ukraine of October 2, 1992 No. 2657-XII “On Information”.
10. Additional conditions
10.1. The Seller is entitled to assign or in any other way transfer his rights and obligations arising from his relationship with the buyer to third parties.
10.2. The Website may be temporarily, partially or completely unavailable as a result of technical, preventive or other work or for any other technical reasons.
10.3. For all issues that are not provided for by the terms of this Offer, the buyer and the Seller are guided by the current legislation of Ukraine.
10.4. The Agreement comes into force from the moment of its acceptance – in accordance with clause 1.2 and 1.5. of this Agreement and is valid until the parties fulfill their obligations in full.
Legal address: 26 Novomistenska Street, apt 12, Sumy, Sumy region, 40004.
Actual address: 12 Voskresenska Street, Sumy, 40000
Phone: +380 (99) 285 86 44