Public agreement (offer)

Version dated August 29, 2019

Public agreement (offer) for using the services of the website dipfood.com.ua

Agreement means this public agreement for using the Site services.

Site means the website with the domain name dipfood.com.ua.

Seller means sole proprietor Andrieieva K.A., taxpayer number 3267115323. Sales are made from the Seller’s warehouse. Details and contacts are provided at the end of the Agreement.

Buyer means an individual visitor of the Site who has placed an Order for Goods for personal needs.

Order means a properly completed request by the Buyer to purchase and deliver Goods.

Goods means consumer goods, prepared dishes, and drinks offered for sale on the Site.

1.1. Acceptance of the Agreement terms is equivalent to an agreement signed between the Seller and the Buyer. By ordering Goods, the Buyer accepts the Site rules and terms of use set out in the Agreement. If the Buyer does not agree with the rules and terms, the Buyer must stop using the Site.

1.2. Relations between the Buyer and the Seller are governed by Ukrainian law. The Goods presented on the Site and this Agreement constitute a public offer under Articles 633 and 634 of the Civil Code of Ukraine.

1.3. The Seller may amend the Agreement unilaterally by publishing a new version of the Agreement on the Site without additional notice to the Buyer. The new version takes effect from the date of publication on the Site unless otherwise stated in the Agreement.

1.4. The Seller may assign or otherwise transfer its rights and obligations to third parties.

1.5. The Site may be temporarily, partially, or completely unavailable due to maintenance or for any other technical reasons without prior notice to the Buyer.

1.6. If individual provisions or clauses of the Agreement are found invalid or illegal, such provision may be excluded from the Agreement and replaced with a new provision. Such replacement does not lead to revision of the Agreement or recognition of the entire Agreement as invalid.

2.1. The Site offers goods for sale, including but not limited to consumer goods, prepared dishes, and drinks. If Goods are unavailable, the Seller may exclude such Goods from the Order and notify the Buyer via the email address or phone number provided by the Buyer.

2.2. The Site provides basic information about goods and photographs. Photographs are illustrations of the Goods and may differ from the actual appearance of the Goods. Information about the Goods may contain typographical errors; the Seller may provide additional available information about the goods at the Buyer’s request.

2.3. The Seller may unilaterally change the price of Goods shown on the Site. This right does not apply to Goods that have already been ordered and paid for under the terms of the Agreement.

3.1. The Buyer may submit a request to purchase and deliver Goods that are available and presented on the Site. The order may be placed by providing a phone number, after which a Seller representative calls and accepts the order, or by placing the order electronically.

3.2. Electronic ordering is carried out through the “Cart” on the Site. After reviewing information about the goods on the Site, the Buyer selects the Goods at their discretion and clicks “Buy”. In the “Cart”, the Buyer independently checks the selected Goods, fills in personal information, delivery address, delivery method, and payment method, and places the order by clicking “Order”.

3.3. The Buyer is fully responsible for providing erroneous or false information that makes it impossible for the Seller to properly fulfill its obligations to the Buyer.

3.4. If the price of Goods changes, the Seller contacts the Buyer using the provided contacts to confirm or cancel the order. If it is impossible to contact the Buyer, the order may be considered canceled.

3.5. The Order may be canceled by the Buyer before payment and actual transfer of the Goods if the Buyer has not received the goods and payment for the Goods has not been made within the agreed period.

4.1. The price of Goods is stated in hryvnias on EXW terms (INCOTERMS 2010).

4.2. The price of goods does not include commissions and additional fees of banks and payment systems. The Buyer pays such fees independently and at their own expense. The amount of the commission or additional fee is communicated by the relevant bank or payment system.

4.3. The price of Goods may be changed by the Seller unilaterally under the terms set out in the Agreement.

4.4. The Buyer may pay for Goods online or at the moment of receiving the goods from the courier. The payment option is selected when placing the Order.

4.5. When paying online, the Buyer receives an invoice in personal messages or by e-mail for the LiqPay payment service, through which the Buyer can pay for the Order using Visa and Mastercard payment cards.

4.6. The Seller may provide discounts on Goods. Discount terms are determined by the Seller and may be changed by the Seller unilaterally.

5.1. Goods are delivered by courier within Kyiv and its suburbs.

5.2. Upon receiving the Goods, the Buyer checks compliance with assortment, completeness, quality, and the presence of packaging defects. In case of non-compliance, the Buyer may refuse the Goods.

5.3. Ownership of the Goods transfers at the moment the Goods are handed over to the Buyer or to the person specified in the Order as the recipient. At the moment ownership transfers, the Seller is deemed to have fulfilled its obligations under the Agreement.

5.4. Delivery of Goods is a separate service and is not an integral part of the Goods.

6.1. Food products available for ordering on the Site are not subject to exchange or return in accordance with Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994 “On implementation of certain provisions of the Law of Ukraine ‘On Consumer Rights Protection’”, as amended.

7.1. The Seller collects and processes personal information that the Buyer provides independently during registration or when placing an Order, in accordance with the Law of Ukraine dated June 1, 2010 No. 2297-VI “On Personal Data Protection” and this Agreement.

7.2. Personal data is collected and processed to provide Buyers with access to the Site, process Buyers’ Orders, provide information including advertising materials, and perform other actions related to these purposes.

7.3. The confidentiality and personal data policy under the Agreement applies exclusively to the Site. When the Buyer navigates to third-party websites, including third-party services, the Buyer follows the privacy policy of the respective service.

7.4. The Buyer provides last name and first name, e-mail address, phone number, and delivery address. Other information is provided by the Buyer at their discretion in the Order comment. The Buyer independently verifies the accuracy of the provided information.

7.5. The Seller may send advertising messages, promote Goods, and send informational materials about the Goods, Seller’s services, events, and promotions.

7.6. The Seller may transfer 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 Agreement terms.

7.7. The Buyer may opt out of receiving advertising and other information by sending a message to the contact e-mail specified on the Site. The Buyer may request information on whether the Seller processes their data. The Seller provides such response within 30 calendar days.