on the Sale of Goods and Provision of Services

This Public Offer Agreement is public, meaning that under Article 633 of the Civil Code of Ukraine, its terms are the same for all Buyers, regardless of their status (individual, legal entity, or individual entrepreneur). By fully agreeing to this Agreement, the Buyer accepts the terms and conditions for placing an Order, paying for Goods, and the delivery service, and is responsible for failure to fulfill the terms of this Agreement.

The Seller offers to enter into this Public Offer Agreement for the purchase and sale of Goods and provision of services through the Seller’s Website to any person who accepts this offer (hereinafter – Buyer), on the other side, together – Parties, and each individually – Party.

TERMS AND DEFINITIONS

Acceptance – the Buyer’s acceptance of the offer in the form in which it is presented.

Website – the Seller’s site, containing an up-to-date list of Goods and their prices at the URL address: https://sfood.in.ua

Order – an electronic form duly completed by the Buyer for the purchase of specific items from the assortment list, the total cost of the Goods selected by the Buyer, the Goods themselves, selected by the Buyer for purchase and delivery, as well as information about the Buyer (data that allows identifying the Buyer, delivery address, and other notes).

Courier Delivery – the service of delivering Goods from the Seller to the Buyer within the declared time.

Call Center Operator – a representative of the Seller who accepts Orders.

Buyer – an individual or legal entity that has entered into contractual relations with the Seller under the terms set out in the Agreement. The Seller, in the context of this Agreement, is FOP Vakulenko K.O.

Seller – the company selling the Goods presented on the Website.

Public Offer – a public offer from the Seller to any individual or legal entity to conclude a purchase and sale contract on the terms specified in this Agreement.

Goods – food products, dishes, and drinks offered for sale according to the assortment and prices listed on the Website, sold to the Buyer with delivery.

Third Parties – individuals involved directly in the processing and fulfillment of the Order.

GENERAL PROVISIONS
1.1. This Agreement is concluded by the Buyer’s full and unconditional consent to the terms of the Agreement in full, without the signature of a written copy of the Agreement by the Parties.

1.2. The Agreement has legal force according to Articles 633, 641, and 642 of the Civil Code of Ukraine.

1.3. The Buyer confirms they have familiarized themselves with and agree to all the terms of this Agreement by accepting it.

1.4. This Agreement comes into force upon the completion of the Order. Thus, the Buyer agrees to purchase the Goods available from the Seller and continues to act until the Buyer receives the Goods from the Seller and settles the full payment.

1.5. The Seller’s obligations under the Agreement are considered fulfilled once the Seller hands over the Goods to the Buyer.

1.6. By entering into this Agreement, the Buyer confirms that they are fully aware of and agree to the terms of the Agreement and, if the Buyer is an individual, consents to the storage, transfer, and processing of their personal data for the purpose of fulfilling the terms of this Agreement, performing mutual settlements, and receiving invoices, acts, and other documents. The consent for processing personal data is valid throughout the duration of the Agreement. Furthermore, by entering into this Agreement, the Buyer confirms they have been informed (without additional notification) about the rights under the Law of Ukraine “On Protection of Personal Data.”

SUBJECT OF THE AGREEMENT
2.1. The Seller agrees to transfer ownership of the Goods listed in the Order confirmed by the Seller to the Buyer, and the Buyer agrees to pay for and accept the Goods under the terms set forth in this Agreement.

RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. According to the terms of this Agreement, the Seller agrees to deliver the Goods according to the Buyer’s Order within the declared time, and the Buyer agrees to accept the Goods and pay the specified amount.

3.2. The Seller is obligated to:
3.2.1. Sell Goods and provide services as stipulated in this Agreement.
3.2.2. Provide consultations on using the Website and placing an Order.
3.2.3. The Seller is not responsible for improper use of the Goods by the Buyer.
3.2.4. The Seller is not responsible for the deletion or loss of personal data or malfunctions in payment systems.

3.3. The Seller has the right to:
3.3.1. The Seller reserves the right to unilaterally suspend the provision of services under this Agreement in case of a breach of its terms by the Buyer.
3.3.2. The Seller reserves the right to unilaterally change this Agreement before its conclusion.
3.3.3. Make changes to the information on the Website unilaterally and at their discretion.
3.3.4. Involve third parties to fulfill their obligations to the Buyer.
3.3.5. Change the delivery term of the Goods ordered by the Buyer, notifying the Buyer in advance about such changes.
3.3.6. The Seller reserves the right to change some recipe ingredients due to seasonality.
3.3.7. The Seller reserves the right to change the weight of the final product by +/- 10% from the announced weight on the Seller’s Website.
3.3.8. The Seller has the right to refuse service to the Buyer if the Buyer fails to fulfill their obligations during a prior agreement (for example, if the Buyer unjustifiably refuses to accept and/or pay for the Goods).
3.3.9. The Seller reserves the right to change the appearance of the product, and hereby informs that the images on the Seller’s Website are for illustrative purposes only, and the final product may differ in both visual appearance and composition.

3.4. The Buyer is obligated to:
3.4.1. Familiarize themselves with the content of this Agreement and the terms of payment and delivery on the Website before placing an Order.
3.4.2. Abide by the terms of this Agreement.
3.4.3. Accept the Goods within the declared period, and pay for the Goods before or at the time of receipt.
3.4.4. Treat the Seller’s staff with respect.

3.5. The Buyer has the right to:
3.5.1. Demand that the Seller provides services according to the terms of this Agreement.
3.5.2. Demand the replacement of the Goods if their quality is significantly below the general standards for such goods.

ORDERING PROCEDURE
4.1. The Buyer independently places an Order on the Website by adding Goods to the “CART” tab or verbally by phone using the phone numbers listed on the Website, after familiarizing themselves with the Order placement rules.

4.2. After selecting the list and quantity of Goods that the Buyer wishes to purchase from the Seller’s Website, the Buyer completes the Order form, specifies the payment method, and selects the “PLACE ORDER” option.

4.3. The Buyer can receive the Goods either by delivery or pick them up in person.

4.4. The Order is considered placed and accepted for execution only when:
4.4.1. The Buyer completes the actions for placing the Order on the Website, clicks the “Submit” button, the Call Center Operator contacts the Buyer to confirm the Order and informs the Buyer that the Order has been accepted.
4.4.2. The Buyer places the Order over the phone through the call center, and the Operator confirms that the Order has been accepted.
4.4.3. If the Call Center Operator does not confirm the acceptance of the Order or the Buyer refuses to place the Order, the Order is considered unfulfilled and will not be executed.

4.5. The Buyer is fully responsible for the accuracy of the data they provide when placing an Order.

SALE OF GOODS AND PROVISION OF SERVICES
5.1. The Seller may provide the Buyer with information related to the Goods, Order processing, and fulfillment.

5.2. The Seller is not responsible for the accuracy of the information about the Goods provided by the manufacturer of the Goods, which is not produced by the Seller.

5.3. The Seller ensures the availability of Goods listed on the Website but may exclude an unavailable item from the Order, notifying the Buyer in advance, even if the item remains visible on the Seller’s Website as available.

5.4. The Seller reserves the right to refuse to sell and/or transfer the ordered Goods and/or provide services due to the Buyer’s improper performance of their obligations under this Agreement.

ORDER FULFILLMENT
6.1. The Buyer has the right to receive the ordered Goods by self-pickup or use the courier delivery service.

6.2. Self-pickup is done by the Buyer from the location indicated by the Buyer when placing the Order.

6.3. The working hours of the Seller and delivery times are listed on the Website. The delivery term may be changed unilaterally by the Seller. Circumstances beyond the Seller’s control or due to human factors may prevent the fulfillment of the Order or cause delays.

6.4. Delivery of the Order by a courier is done according to the Buyer’s agreement and the address provided during Order placement.

6.5. Ownership of the Goods, as well as the risk of accidental damage or loss, passes to the Buyer once the Goods are handed over. The Buyer’s payment for the Goods indicates that they have no claims to the Goods and that the Seller has duly fulfilled their obligation regarding the delivery of the Goods.

6.6. Delivery to remote areas of the city is limited. Detailed information regarding the delivery area is provided on the Website in the “Payment and Delivery” section.

PAYMENT FOR THE GOODS
7.1. The Order amount consists of the total cost of the ordered Goods.

7.2. The price of the Goods indicated on the Website may be changed by the Seller unilaterally. However, the price of the Goods ordered by the Buyer is not subject to change.

7.3. Payment for the Goods is made by the Buyer in cash or by transferring funds to the Seller’s current account, upon receipt of the Order or by prepayment in an amount corresponding to the Order price. Full prepayment is required if the total amount of the Order exceeds 1500.00 UAH.

7.4. The Seller has the right to offer discounts on Goods and establish a bonus program. The types of discounts, bonuses, the procedure, and conditions for accrual are stated on the Website and may be changed unilaterally by the Seller.

7.5. In the event of taxes and fees being introduced that are not included in the cost of the Goods (works, services) and must be paid by the Buyer, the amounts of such taxes and fees will be separately listed in the Order and must be paid by the Buyer along with the cost of the ordered Goods.

RESPONSIBILITY OF THE PARTIES
8.1. For non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties are liable in accordance with the current legislation of Ukraine.

8.2. The Seller is not responsible for damage caused to the Buyer due to improper use of the Goods purchased by them.

DISPUTE RESOLUTION PROCEDURE
9.1. Any disputed issues that may arise regarding this Agreement or its performance shall be resolved by the Buyer and the Seller through negotiations. Pre-trial dispute resolution is mandatory.

9.2. In case the Buyer and the Seller cannot reach an agreement on disputed issues through negotiations, such issues will be resolved in accordance with the applicable legislation of Ukraine.

USE OF INFORMATION
10.1. By placing an Order for Goods, the Buyer consents to the collection, transmission, and processing (accumulation, storage, adaptation, recovery, use, distribution, anonymization, and destruction) of the personal data provided by them in accordance with the Law of Ukraine “On Personal Data Protection” dated 01.06.2010, No. 2297-VI. Access to the Buyer’s personal data is granted only to those individuals directly involved in processing and fulfilling the Order, except in cases and within the limits provided by the current legislation of Ukraine.

10.2. Personal data processing refers to any action (operation) or set of actions (operations) performed using automation means or without using such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, blocking, deletion, or destruction of personal data.

10.3. The Buyer is required to provide accurate and truthful information necessary for the purchase of Goods and provision of services when placing an Order. Providing inaccurate information or failing to provide such information upon the Seller’s request may be grounds for refusal to sell the Goods.

10.4. The Seller is not responsible for information provided by the Buyer on the Website in publicly accessible form.

10.5. The Seller has the right to record phone conversations with the Buyer, after informing the Buyer about the recording. The Seller guarantees not to allow unauthorized use of the Buyer’s personal data by third parties not involved in fulfilling the Order, except in cases provided by the current legislation of Ukraine.

10.6. The Seller has the right to send informational, including advertising messages, to the Buyer’s email and mobile phone with the Buyer’s consent. The Buyer has the right to refuse to receive advertising and other information without explanation by sending a written refusal to the Seller at the address indicated on the Website. Service messages informing the Buyer about the Order and its processing stages are sent automatically and cannot be rejected by the Buyer.

INTELLECTUAL PROPERTY
11.1. All textual information and graphic images posted on the Website are the property of the Seller.

ADDITIONAL TERMS
12.1. This Agreement enters into force on the day the Order is placed and remains in effect until all terms of the agreement are fulfilled.

12.2. The Website may temporarily suspend its operation due to preventive or technical maintenance.

12.3. The Agreement is public and indefinite and remains in effect until terminated by either Party in accordance with this Agreement or applicable law, but in any case, until it is fully performed by the Parties.

12.4. This version of the Public Agreement is the current version.

12.5. The storage of electronic documents is not provided.