Offer Contract

PUBLIC OFFER AGREEMENT
ABOUT SALE OF GOODS AND RENDERING SERVICES
PIZZERIA FAMIGLIA GRANDE

This document is an official proposal (public contract) in accordance with Article 633 of the Civil Code.

Kachur Vitalii Yaroslavovich, registered as an individual entrepreneur, which is contained in the USR (dated September 11, 2007 No. 21150000000002021) and is the owner of the FAMIGLIA GRANDE trademark, hereinafter referred to as the “Seller”, proposes to conclude this Public Offer Agreement for the provision of services through the website famigliagrande.ua to any competent adult person, hereinafter referred to as the “Buyer”, collectively referred to as the “Parties”.

The public offer agreement is public and, according to Art. Art. 633, 641 of the Civil Code of Ukraine, its conditions are the same for all consumers, the 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 an acceptance of this Agreement between the Buyer and the Seller and certifies the fact of its conclusion.

DEFINITIONS

PUBLIC OFFER AGREEMENT (Offer) – an agreement publicly concluded between the Seller and the Buyer on the conditions for the sale of goods and services.

BUYER – any competent individual over 18 years of age who, based on a public offer agreement concluded with the Seller, acquires goods, receives services, and pays for them.

SELLER – V. Y. Kachur, identification code 3034020790, registered as an individual entrepreneur, which is contained in the USR (September 11, 2007 No. 21150000000002021) and is the owner of the FAMIGLIA GRANDE trademark, location: Chernivtsi, O. Kobylianska str., 22.

DOCUMENT FOR GOODS AND SERVICES – settlement document (commodity or cash receipt,
Receipt, etc.), which the Buyer receives according to the results of payment for goods and services upon receipt of the order.

GOODS – ready-made meals and drinks that offered for sale, in accordance with the assortment and prices indicated on the website famigliagrande.ua.

ORDER – the “Place an order” form duly executed by the Buyer on the website famigliagrande.ua on the purchase of goods and services, which contains a list of ready-made meals and drinks that the Buyer has chosen to purchase and deliver the acquired, information about the Buyer (data that provide the opportunity to identify the Buyer, delivery address, etc.), the total price of the selected goods and the delivery price or message by the Buyer on the phone necessary to deliver data to the seller’s delivery service operator.

ACCEPTANCE – acceptance by the Buyer of the seller’s offer to purchase the Goods, the range and detailed information of which is available on the website famigliagrande.ua, by adding it to the virtual basket and sending the Order.

DELIVERY ORDER – delivery by the Seller selected and ordered for purchase
Buyer of ready meals and drinks from the assortment presented on the website
famigliagrande.ua, at certain website prices famigliagrande.ua.

DISHES – ready-to-eat meals and drinks.

GENERAL PROVISIONS
- 1.1. The seller sells the Goods through the website famigliagrande.ua, also ordering can be accepted by the Seller at the numbers indicated on the website as numbers delivery service phones (the cost of calls is set according to the tariffs of telecom operators).
- 1.2. When ordering goods and services through the website famigliagrande.ua and / or by phone, Buyer agrees to the terms of this Agreement. In case of disagreement, the Buyer is obliged to immediately stop using the service and form an Order on the website famigliagrande.ua and / or by phone of the delivery service indicated on the website famigliagrande.ua.
- 1.3. This Agreement, as well as product information presented on the site
  famigliagrande.ua, is a public offer in accordance with Art. 633 of the Civil Code of Ukraine.
- 1.4. The provisions of this Agreement may amended unilaterally by the Seller Order without notice to the Buyer. The new edition of the contract and / or its annexes shall enter into force from the moment of its publication on the website famigliagrande.ua, unless otherwise provided.
- 1.5. The Agreement considered concluded from the moment that the Seller sends the electronic confirmation of acceptance of the Order when the Buyer places an Order without registration / authorization on the website famigliagrande.ua or with registration / authorization, as well as from the moment of acceptance from the Buyer Order by phone 099 081 82 07.
- 1.6. Obligations under the Agreement considered fulfilled from the moment of issue by the Seller to the Buyer of a cash or sales receipt, or other settlement document, confirms the payment of goods and services.
- 1.7. Notifying the Seller his name, E-mail, phone number and place of delivery gives consent to the use of the specified means of communication and data by the Seller, as well as by third parties, attracted by him for the purpose of fulfilling obligations to buyers, in order to carry out advertising and informational mailings containing information about discounts, future and current promotions and other events of the Seller, on the transfer of the order to delivery, as well as other information directly related to the fulfillment of obligations by the Buyer in the framework of the Public Offer.
- 1.8. By agreeing to the terms of the Agreement, the Seller confirms its legal capacity and legal capacity, including achievement of 18 years of age, and recognizes responsibility for the obligations imposed on him because of the conclusion of this Agreement.
- 1.9. The buyer is a person who has agreed to the terms of this Agreement, ordered and paid the cost of the Order.
SUBJECT OF THE AGREEMENT, RIGHTS AND OBLIGATIONS OF THE PARTIES
- 2.1. Under this Agreement, the Seller undertakes to sell and deliver the goods.
  In addition, services offered for sale on the website famigliagrande.ua, according to the Buyer’s Order duly executed, and the Buyer agrees to accept and pay for the ordered goods and services.
- 2.2. This Agreement applies to all goods and services displayed on the website famigliagrande.ua at the time of the Buyer’s order.
- 2.3. Seller agrees:
  – 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 site famigliagrande.ua and placing an order;
  – provide information defined by the Law of Ukraine “On Protection of Consumer Rights” about: the name and address of the manufacturer of the finished dishes offered by the seller for sale; temperature conditions and shelf life of ready meals; procedure for filing a complaint.
- 2.4. The seller has the right:
  – refuse to sell and / or transfer ordered and delivered goods and provide services in connection with improper performance by the Buyer of his obligations in accordance with this Agreement;
  – make amendments to this Agreement unilaterally
  – make changes according to the information provided on the website famigliagrande.ua in unilaterally and at its discretion.
- 2.5. The buyer agrees:
  – comply with the terms of this Agreement.
- 2.6. The buyer has the right:
  – require the seller to sell goods and provide services in accordance with the terms of this Agreement.
ORDERING AND REGISTRATION ON THE SITE
- 3.1. To place an order, the Buyer must:
  – select a category tab on the site famigliagrande.ua
  – select the goods and services presented on the website famigliagrande.ua, their quantity, and Add to cart or Order;
  – after the end of the order, select the function “To order”;
  – Fill in the data in the “To order” form and click “Confirm the order”.
- 3.2. The buyer can make an order by personal use of the site famigliagrande.ua or phone numbers of the delivery service 099 081 82 07.
- 3.3. Registration on the site famigliagrande.ua carried out using a pop-up window “Registration”.
- 3.4. Registration on the site famigliagrande.ua is not required to place an Order.
- 3.5. The seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
- 3.6. The Buyer agrees not to disclose to third party the login and password specified by the Buyer during registration. If the Buyer has suspicions regarding the security of his username and password or the possibility of unauthorized use by third parties, the Buyer undertakes to immediately inform the Seller about this by sending an appropriate email by filling out the form “Leave a review”.
- 3.7. Buyer’s communication with delivery service operators / managers and others representatives of the Seller should base on the principles of generally accepted morality and communication etiquette. It strictly forbidden to use obscene words, abuse, abusive language, as well as threats and blackmail, no matter in what form and to whom they were addressed.
ORDER OF PURCHASE AND SALE OF GOODS AND SERVICES
- 4.1. The seller ensures the availability of goods offered on the website famigliagrande.ua.
  The accompanying photos of the product are simple illustrations to it and may differ from the actual appearance of the product. Accompanying goods / characteristics do not claim to be exhaustive and may contain typos.
- 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 indicated by the Buyer at registration (or by calling the seller’s delivery service operator).
- 4.3. The Buyer is fully responsible for providing incorrect information, which entailed the impossibility of the Seller properly fulfill its obligations to the Buyer.
- 4.4. After placing the Order on the website famigliagrande.ua, the Buyer provided information on the expected delivery time by sending an electronic message to the email address provided by the Buyer during registration and / or placing an order, or by phone. Service operator before bids / the manager serving this Order clarifies the details of the Order, agrees the delivery time.
- 4.5. Delivery time can changed by the Seller unilaterally in case of the presence of objective, according to the seller, reasons.
DELIVERY ORDER
- 5.1. The goods delivered by the courier of the seller’s delivery service.
- 5.2. The territory of delivery of goods offered on the famigliagrande.ua website is limited. We divide Chernivtsi into delivery zones – green and red. Information on delivery areas is contained in the Delivery section.
- 5.3. The delivery hours indicated on the website famigliagrande.ua.
- 5.5. Delays in delivery are possible due to unforeseen circumstances that did not occur due to the seller’s fault.
- 5.5. The courier of the Seller’s delivery service delivers the Order to the Buyer at the address specified in the Order.
- 5.6. The delivery cost of each Order calculated individually, based on the total price of the ordered goods and the delivery area and indicated on the website famigliagrande.ua at the last stage of placing the Order.
- 5.7. The seller’s obligation to transfer the goods to the buyer considered fulfilled at the time of delivery of the settlement document to the Buyer.
- 5.8. When accepting an order from a courier, the buyer must check the goods on compliance with the ordered and packaging integrity. In the absence of claims to the delivered goods, the Buyer accepts the goods and pays for the Order, if they have not previously paid in cashless form through the seller’s website.
  In case of non-communication by the Buyer to the Seller (operators / managers of the delivery service of the Seller) about claims for the Goods at the time of receipt of the Goods within 10 minutes after its delivery, it is considered that there are no claims to the goods and the Seller has properly and fully fulfilled its obligation to transfer the goods.
- 5.9. The Buyer understands and agrees that: delivery is a separate service, 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 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 shipping cost is not refundable.
PAYMENT OF GOODS
- 6.1. The price of the goods indicated in hryvnias and includes value added tax.
- 6.2. The order amount is the sum of the price of the goods ordered.
- 6.3. The price of the goods indicated on the website famigliagrande.ua. In case of incorrect price indication, 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, this Order considered canceled.
- 6.4. The price of goods on the website famigliagrande.ua can changed by the Seller in unilaterally. At the same time, the price of the goods ordered by the Buyer is not subject to change.
- 6.5. Payment for the Goods shall made in cash to the courier upon receipt of the order or by bank transfer by making a payment using the Liqpay service.
- 6.6. If the Buyer has chosen a non-cash form of payment for the cost of the order, the goods transferred to the buyer only upon payment of the full cost of the goods. In this case, payment of the cost of the Goods considered perfect at the time of crediting the relevant funds to the Seller’s account.
- 6.7. The seller has the right to stop the execution of the order and / or cancel the order unilaterally in case of non-fulfillment or improper fulfillment by the Buyer of the obligation to pay for the relevant order until the delivery of the goods by the courier to the delivery address specified by the Buyer (in the case of choosing courier delivery as a delivery method) or until the presentation by the Buyer of the requirement to provide the Goods at the place of issue of orders (in the case of pickup at the place of issue of the order).
- 6.8. The seller has the right to provide discounts on goods and establish a bonus program, the types of discounts, bonuses, the procedure and conditions for charging indicated on the website famigliagrande.ua and can changed unilaterally by the Seller.
- 6.9. 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 (customer), the amount of such taxes and fees will be are included as a separate line in the Order and are payable by the Buyer along with the cost Ordered and delivery.
ORDER RETURN OF GOODS
- 7.1. The buyer has the right to refuse the received goods of inadequate quality after inspection at the time of receipt of the goods.
- 7.2. In case of refusal of goods of inadequate quality, the cost of which paid by the Buyer by bank transfer, the Seller returns the funds to the Buyer for the goods of inadequate quality within three banking days.
RESPONSIBILITY OF THE PARTIES
- 8.1. In the event of failure to fulfill or improper performance of their obligations under the Agreement, the Parties shall be liable under the laws and this Agreement.
- 8.2. The seller is not responsible for damage to the buyer due to misuse of goods purchased on the website famigliagrande.ua.
- 8.3. In cases not provided for by this Agreement, the Parties shall be liable, established by the current legislation of Ukraine.
- 8.4. The seller considers the claims of the Buyers within 30 working days from the receipt of such claims.
- 8.5. The buyer is responsible for the correctness of the data entered in the order form or reported to the delivery service operator when making an order by phone.
DISPUTE RESOLUTION PROCEDURE
- 9.1. All disputes that may arise under this Agreement or in connection with its implementation, the Buyer and Seller shall be resolved through negotiations. Before the trial dispute settlement procedure is mandatory.
- 9.2 All controversial issues considered in the presence of a written claim sent by registered mail by post.
- 9.3 In the event that the Buyer and Seller are unable to reach agreement on contentious issues through negotiations, these issues are subject to resolution in accordance with the current legislation of Ukraine.
_ PRIVACY AND PROTECTION OF INFORMATION
- 10.1. The Buyer gives its consent to the Seller to use its data (name, email, address, mobile phone number) specified when placing the Order through the website or by informing the operator of the delivery service over the phone in the manner provided for in clause 1.7. of this Agreement, as well as in order to ensure that the Seller properly performs the duties assigned to it in accordance with the terms of the Agreement.
- 10.2. When registering on the site famigliagrande.ua, the Buyer indicates: name, email address, delivery address, contact phone number and password for accessing the site famigliagrande.ua. When placing an order, the Buyer indicates the name, email address, contact phone number, delivery address.
- 10.3. The data of the Buyer specified in paragraph 1.7, 9.1, 9.2 is not personal data in the understanding of the Law of Ukraine “On the protection of personal data”.
- 10.4. 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 to receive advertising and other information without explaining the reasons for the refusal by notifying the operator of the telephone delivery service about his refusal. Service messages informing the Buyer about the order and the stages of its processing sent automatically and cannot rejected by the Buyer.
- 10.5. Seller has the right to use the technology of cookies. Cookies do not contain confidential information and not transferred to third parties.
- 10.6. The seller can receive information about the IP address of a site visitor famigliagrande.ua. This information is not used to identify the site visitor.
- 10.7. The seller is not responsible for the information provided by the Buyer on the website famigliagrande.ua in a public form.
- 10.8. The seller is entitled to record telephone 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 telephone conversations, and / or transfer it to third parties not directly related to the execution of Orders, according to the Law of Ukraine dated 02.10.1992 No. 2657-XII “On Information” .
_ ADDITIONAL TERMS
- 11.1. The seller has the right to cede or in any other way transfer his rights and obligations arising from its relations with the Buyer, to third parties.
- 11.2. The site famigliagrande.ua may be temporarily partially or completely unavailable because of preventive or other work, or for any other technical reasons.
- 11.3. For all issues unresolved in the text of this Agreement, the Buyer and Seller guided by the current legislation of Ukraine.
- 11.4. The contract comes into force from the moment of its acceptance – in accordance with clauses 1.2 and 1.5. of this Agreement and is valid until the execution of the Agreement.

Seller:
Name: FAMIGLIA GRANDE Pizzeria
Location: Chernivtsi, O. Kobylianska str., 22
Tel. 099 081 82 07
Email: pizza@famigliagrande.ua

Working hours:
Daily from 10:00 to 22:00.