The online store https://poseidon-apart-otel.com/en/restaurant/ (hereinafter referred to as the Seller), publishes this agreement, which is a public offer agreement (hereinafter referred to as the Agreement) and having the appropriate legal force, on the sale of goods presented on the Seller's official website in the address of both individuals and legal entities (hereinafter the Buyer).
In accordance with Articles 633, 641, 642 of the Civil Code of Ukraine (hereinafter referred to as the CCU) and the Rules for the sale of goods to order and outside trade or office premises, approved by order of the Ministry of Economy of Ukraine dated 04.19.2007 No. 103, this document is an offer, and the fact of By the Buyer of the order, orally (by phone or in a store, office) or in writing (via the website or e-mail), and the receipt of this order by the Seller - is the full and unconditional acceptance of this public agreement and the information set forth on the website.
The use of services and the purchase of goods and services by the online store https://poseidon-apart-otel.com/en/restaurant/ provides for the consent of the person using the services or buying the goods with the rules, terms, restrictions and other terms of cooperation set forth in this document.
By accepting this agreement, the Buyer confirms that:
A) at the time of the purchase of the goods, he is 18 years old;
B) the information provided when ordering goods or services is correct and up-to-date;
C) the provided contact information can be used to inform about changes in work, promotional offers or other information related to the activities of the seller.
Based on the foregoing, carefully read this agreement (public offer) and if you do not agree with any of the points of the offer, please leave the site.
In this Agreement, unless the content requires otherwise, the terms should be interpreted as follows:
"Offer" - a public offer of the Seller, addressed to any individual and legal entity, in order to conclude a sale and purchase agreement, on the existing conditions specified in the Agreement.
"Product" - a list of assortment names presented on the official website of the Seller, but not limited to the website only.
"Seller" - a company that sells the Goods presented in the online store, but is not limited to the website only.
"Buyer" - a natural or legal person who entered into a contractual relationship with the Seller on the terms specified in the Agreement.
"Acceptance" - full and unconditional acceptance by the Buyer of the terms of the Agreement.
"Order" - individual items from the assortment list of the Goods specified by the Buyer when placing an order on the Seller's website or ordered in any other way.
"Courier delivery" is the direct transfer of goods from the seller to the Buyer by an independent contractor who provides services to the Seller in accordance with a separate concluded contract. The seller does not independently deliver the goods.
"Internet store" - the seller's web page https://poseidon-apart-otel.com/en/restaurant/
"Place of sale of the Goods" - catering establishment (restaurant) of the Seller.
2.1. The Seller sells the Goods to the Buyer in accordance with the prices in force at the time of the order, and the Buyer has the right to pay and accept the Goods in accordance with the terms of this Agreement.
2.2. This agreement is an official document of the Seller and is an integral part of the offer.
2.3. The sale of goods is carried out at the institution of the Seller.
3.1. The text of the agreement is a public offer (in accordance with Articles 633, 643 of the Civil Code of Ukraine and the Rules for the sale of goods to order outside of retail or office premises, approved by order of the Ministry of Economy of Ukraine dated April 19, 2007 No. 103).
3.2. The fact of placing an order with the Seller, both independently and with the help of the operator, is an unconditional acceptance of the terms of this Agreement, and the Buyer further acts as a person who entered into a contractual relationship. The Buyer undertakes to independently familiarize himself with the terms of the contract, the seller is not obliged to inform the Buyer about the existence of the contract.
3.3. The moment the Buyer enters into a contractual relationship with the Seller is the moment of ordering the Goods, regardless of the ordering method and the form of payment.
3.4. At the written request of the Buyer, the Seller draws up an agreement with the signatures of the parties.
3.5. The Buyer independently and of his own free will contacts the seller, which means that the Buyer has read this agreement and agrees with it.
4.1. Prices in the online store are indicated in the national currency of Ukraine (hryvnia) per unit of goods in accordance with the existing price list.
4.2. The Seller reserves the right to change the price of the Goods before placing the order without warning the Buyer.
4.3. The final price is the price indicated by the manager when placing the order.
4.4. The prices indicated on the website https://poseidon-apart-otel.com/en/restaurant/ are for informational purposes only.
5.1. In the case of cash payment, the Buyer is obliged to pay the Seller the price of the goods at the time of their transfer, unless otherwise provided by the agreement or contract between the parties.
5.2. Payment for goods and services of the online store https://poseidon-apart-otel.com/en/restaurant/ is carried out in the national currency of Ukraine in accordance with the prices and tariffs established at the time of purchasing goods or receiving services.
5.3 Payment for goods and services of the online store https://poseidon-apart-otel.com/en/restaurant/ is carried out in accordance with the section "delivery, payment and prices" published on the website https://poseidon-apart-otel.com/en/restaurant/. Payment is credited only subject to the order published on the website.
5.4. In case of non-payment, incomplete or untimely payment, the online store https://poseidon-apart-otel.com/en/restaurant/ reserves the right not to provide goods, suspend or completely fail to fulfill its obligations and at the same time is not responsible for the possible consequences of such a decision / action ...
5.5. Goods and services are guaranteed and provided only upon receipt of payment by the online store https://poseidon-apart-otel.com/en/restaurant/ (if the goods are available at the time of fixing the payment by the Seller from the importer, the physical availability of the goods in the seller's warehouse, the possibility of its delivery to the Seller's warehouse or to the address indicated by the Buyer). By the time payment is received, the online store https://poseidon-apart-otel.com/en/restaurant/ does not bear any obligations to the Buyer of the goods and services ordered by the Seller.
5.6. In the case of a non-cash form of payment, the Buyer's obligation to pay the cost of the goods is considered fulfilled from the moment the corresponding funds are credited to the Seller's account.
5.7. In the case of a non-cash form of payment, the Buyer is obliged to present to the manager or courier a document confirming the fact of payment for the Goods (payment order, receipt of payment, etc.).
5.8. Prices for any items of the Goods can be changed by the Seller unilaterally. In the event of a price change on ordering a position of the Goods to be paid for the Order, the Seller is obliged to notify the Buyer of such changes as soon as possible. The buyer has the right to confirm or cancel the order. In the absence of communication with the Buyer, the Order is considered canceled within 24 hours from the moment the price of the goods changes.
6.1. The Buyer has the right to receive the goods ordered by him by means of self-pickup (self-pickup) from the catering establishment (restaurant) of the Seller, or use courier delivery services. The Seller does not independently deliver the ordered Goods to the Buyer.
6.2. Pickup is carried out by the Buyer from the catering establishment (restaurant) of the Seller, which will be indicated in the order.
6.3. Courier delivery of the order to the Buyer is carried out in agreement with the Buyer and at the address indicated by him.
6.4. Delivery of the ordered goods is carried out within the city of Kiev, unless otherwise provided by a preliminary agreement between the parties.
7.1. The online store https://poseidon-apart-otel.com/en/restaurant/ does not guarantee unconditional order fulfillment. All services and goods are provided on an "as is" basis. The technical systems involved (the web page and the site itself https://poseidon-apart-otel.com/en/restaurant/) may include undetected technical errors, the consequence of which is the impossibility of fulfilling an order, purchasing a product, or its untimely execution. In addition, human factors or force majeure circumstances may lead to the impossibility of fulfilling the order or its untimely execution.
7.2. In case of impossibility or untimely fulfillment of the assumed obligations under the circumstances set forth in clause 7.1 (excluding "force majeure"), the online store https://poseidon-apart-otel.com/en/restaurant/ is liable within the amounts received from customers as payment for goods or services.
7.3. The online store https://poseidon-apart-otel.com/en/restaurant/ does not bear and under no circumstances can bear any material responsibility that goes beyond the amounts received from the client as payment for goods and services.
7.4. The online store https://poseidon-apart-otel.com/en/restaurant/ reserves the right to refuse to provide services or sell goods to the Buyer at its sole discretion.
7.5. The funds paid by the Buyer are not returned in the following cases:
A) the client's refusal from the received service or goods after payment and receipt from the courier;
B) by a court decision;
C) if this product is of proper quality.
7.6. The place of sale of the Goods is a catering establishment (restaurant) of the Seller.
8.1. The online store https://poseidon-apart-otel.com/en/restaurant/ does not bear any responsibility for the use or further use of goods and services purchased in the online store https://poseidon-apart-otel.com/en/restaurant/ and with its help.
8.2. The online store https://poseidon-apart-otel.com/en/restaurant/ is not responsible for the content and quality of the goods sold, provided that the importer's certificates and documents confirming the purchase of these products from the importer are available.
9.1. The seller undertakes:
9.1.1. Do not disclose any personal information of the Buyer and do not provide access to this information to third parties, except as provided by the current legislation of Ukraine.
9.1.2. Provide the Buyer with the opportunity to receive free telephone consultations by the phones indicated on the website (http://poseidon-apart-otel.com/en/restaurant). The scope of consultations is limited to specific issues related to the execution of the order.
9.1.3. The seller reserves the right to default on the order in the event of force majeure.
9.1.4. The Seller reserves the right to change this Agreement unilaterally until its conclusion.
9.2. The Seller is not responsible for the improper use of the goods by the Buyer ordered in the online store.
9.3. The seller has the right to transfer his rights and obligations to fulfill Orders to third parties.
9.4 The Buyer undertakes:
9.4.1. By the time you contact the online store https://poseidon-apart-otel.com/en/restaurant/, familiarize yourself with the content of the Offer Agreement, the terms of payment and delivery on the store's website.
9.5. The ownership of the Order, as well as the risk of accidental damage or loss, passes to the Buyer from the moment of transfer of the goods.
10.1 The parties are released from liability for non-fulfillment or improper fulfillment of obligations under the terms of the contract for the duration of the force majeure. Force majeure means extraordinary and insurmountable circumstances under these conditions that prevent the parties from fulfilling their obligations under this Agreement. These include natural phenomena (earthquakes, floods, etc.), circumstances of public life (military operations, states of emergency, major strikes, epidemics, etc.), prohibiting measures of state bodies (prohibition of transportation, currency restrictions, international sanctions , trade bans, etc.). During this time, the parties have no mutual claims and each of the parties assumes its own risk as a result of force majeure.
All text information and graphics posted on the website of the online store (http://poseidon-apart-otel.com/en/restaurant) are the property of the seller and / or his suppliers and manufacturers of the Goods.
12.1. The buyer is obliged to provide accurate and truthful information in the amount necessary to provide the services and / or purchase the goods that he receives or purchases. The information provided by the Buyer, if necessary, can be published in open sources.
12.2. The online store poseidon-apart-otel.com/en/restaurant has the right, at its discretion, to require the Buyer to document the authenticity of the information provided.
12.3. Providing inaccurate information or failure to provide such information at the request of the online store poseidon-apart-otel.com/en/restaurant may serve as a reason to suspend the provision of services or the sale of goods. At the same time, the online store poseidon-apart-otel.com/en/restaurant is not responsible for any damage caused by the Buyer in case of suspension / non-performance of services or non-sale of goods, provided that clause 12.1 is not met.
12.4. The Seller collects and processes the personal data of the Buyers (namely: the last name, first name, patronymic of the Buyer, delivery address; contact numbers, email address, etc.) in order to:
- fulfill the terms of this Agreement;
- delivery to the Buyer of the products ordered by him.
12.5. By ordering the Goods through the online store https://poseidon-apart-otel.com/en/restaurant/, the Buyer consents to the collection and processing of such information.
12.6. Only persons who are directly involved in the execution of the Order have access to the Buyer's personal data.
12.7. The Seller undertakes to: maintain confidentiality with respect to the personal data of the Buyers; prevent attempts of unauthorized use of Buyers' personal data by third parties; exclude access to the personal data of the Buyers, persons not directly related to the execution of the Application, except as otherwise provided by the current legislation of Ukraine.