Public offer agreement
Edition of August 2, 2024
Public offer agreement for the use of the services of the website ninjasushi.com.ua
1.1. This document defines the essential conditions of sale and purchase and is a formal offer to enter into a public contract.
1.2. By starting to use the Website and choosing and ordering the products, you (the Customer) agree to all the terms and conditions of the Agreement without any full or partial exceptions. This right is personal and cannot be transferred to other individuals or legal entities.
1.3. The Contractor may revise the terms and conditions of the Agreement at any time without restrictions and indicate the date of the revision. The new version comes into force from the date of publication, unless otherwise specified in the Agreement.
1.4. Since revisions may be made between visits to the Website, the Customer shall independently check the terms of the Agreement before placing an order.
1.5. The Customer uses the Website solely at their own risk. The Website may be partially or completely unavailable due to technical work or for other reasons without prior notice.
1.6. The Contractor has the right to assign (or otherwise transfer) their rights and responsibilities to third parties.
1.7. For the purposes of promotional events, the Contractor has the right to establish special provisions of the Agreement. Such conditions shall be considered an integral part of the Agreement and shall apply to all persons participating in promotional events, and ordering the products or fulfilling other promotional conditions shall mean that the persons agree to such conditions.
2.1. The Website contains basic information about and photographs of the product.
2.2. Photographs are illustrations of the product and may differ from the actual appearance of the product.
2.3. The information about the product (description) on the Website may contain errors, the Contractor shall provide up-to-date information at the request of the Customer. If such an error significantly affects the Customer's order, the Customer may make changes to the order or cancel it by notifying the Contractor after verifying the order.
2.4. The Contractor has the right to change the description of the product and the price of the product or withdraw the product from sale at any time. If the Contractor withdraws the product that has already been paid for, the Contractor shall reimburse the Customer for the full amount paid for the withdrawn and undelivered product.
2.5. The Website may contain information about the assortment of products, including alcoholic beverages. Such information shall be considered as informing the Customer about the assortment and manufacturers of the products and shall not be considered as advertising; therefore, such information shall not be subject to the requirements for advertising of alcoholic beverages.
3.1. The Customer may place an order for the purchase and delivery of the available products that are displayed on the Website. The order placement is made by phone or via the Internet.
3.2. The Customer can place an order by calling the phone numbers indicated on the Website or provide their own phone number. The Customer specifies the products and their quantity that they wish to order, independently checks the correctness of the selection of products, provides information about themselves, the delivery address, and the method of payment.
3.3. The Customer can place an order using the "Cart" on the Website. The Customer selects the goods and their quantity, independently checks the correctness of the selection of products, fills in information about themselves, the delivery address, and the method of payment.
3.4. The Customer is solely responsible for providing false or misleading information that results in the impossibility of the Contractor's proper fulfillment of their obligations to the Customer.
3.5. By confirming the order, the Customer certifies that the Contractor has provided information on the following: the name of the Contractor, their location and the procedure for accepting the order; main characteristics of the products; price, including delivery charges, and payment terms; warranty obligations and other services related to the maintenance or repair of the products; other terms of delivery or fulfillment of the contract; period of acceptance of orders; procedure for termination of the agreement.
3.6. In the event of a change in the price or assortment of products, the Contractor shall contact the Customer using the contact information provided by the Customer to confirm the order with the updated price or cancel it. If it is impossible to contact the Customer, the order shall be considered canceled.
3.7. The Contractor has the right to decline an order placement if the Customer has previously rejected the products for reasons not related to the quality of the products.
3.8. The Contractor has the right to cancel an order due to force majeure circumstances or in case of difficulties related to the fulfillment of the Agreement. The Contractor shall call the Customer using the contact information provided by the Customer to notify the Customer of the cancellation. If the Customer has paid for the order, the Contractor shall reimburse the Customer the full amount paid for the undelivered goods.
4.1. The price of the product on the Website is indicated in UAH.
4.2. The price of the product does not include commissions and additional fees from banks and payment systems. The Customer shall pay such fees independently and at their own expense. The amount of the commission or additional fee is set by the relevant bank and payment system.
4.3. The price of the product is valid at the time of payment and may be changed by the Contractor unilaterally without notice on the terms specified in the Agreement. If the price of the product changes during the processing of the order or the price on the Website does not correspond to the current price, the Contractor shall contact the Customer using the contact information provided by the Customer to confirm the order with the updated price or cancel it.
4.4. While carrying out the payment for the product online, the Customer is redirected to the LiqPay payment processing website, where the Customer can pay for the order using Visa and Mastercard payment cards. In this case, the payment is governed by the rules of international payment systems, banks (including the bank of the Customer's card issuer), and other parties to the settlement.
4.5. The Contractor does not process bank card transactions. In case of errors or refusals to accept the payment, the Customer shall contact the card issuing bank or a representative of the payment system through which the payment was made.
4.6. Any payment made on behalf of the Customer using the Customer's personal data and means of payment is considered to be made by the Customer.
5.1. Delivery is carried out within the area indicated on the Website.
5.2. Delivery is carried out in accordance with the date, time, and address specified by the Customer when placing the order. The Contractor's representative may contact the Customer to clarify the date, time, and address and offer to alter the date and time. If the Contractor and the Customer do not reach an agreement on the date, time, and address of delivery, the Contractor may refuse to fulfill the order.
5.3. The Customer undertakes to provide the courier with the most accurate information about the location at the address of the order and to ensure unimpeded access, including in the presence of an intercom, access control devices, security, concierge, etc.
5.4. Upon delivery, the products shall be handed over to the Customer or to a person who is at the address specified by the Customer and who can confirm the order information and pay for the products, if the order has not been paid in advance.
5.5. The risk of accidental damage or change in the properties of the products shall be borne by the Customer upon receipt of the products. Upon receipt of the products, the Customer shall check the assortment in the order. If discrepancies are found, the Customer and the courier shall record such discrepancies. The Customer has the right to accept the products in the part that corresponds to the order.
5.6. Alcoholic beverages are delivered only to persons over 18 years of age. The age is confirmed by a document that can verify the age and identity of the Customer. In the absence of an appropriate document, the Contractor's representative does not deliver alcoholic beverages and deducts their cost. If most of the order consists of alcoholic beverages, the Contractor's representative does not deliver the order, and the Customer pays (compensates) the delivery cost.
5.7. When placing an order that includes alcoholic beverages, the Customer agrees that they have the right to refuse only the entire list of ordered alcoholic beverages, and not part of them.
6.1. The Customer has the right to refuse the products and terminate the Agreement within 14 (fourteen) calendar days from the date of receipt of the products, except for products that are not subject to exchange and return in accordance with CMU Resolution 172 of March 19, 1994. Products that are not subject to exchange and return include food products.
6.2. Alcoholic beverages of proper quality are not subject to return after payment in accordance with the requirements of the current legislation of Ukraine.
6.3. If the Customer finds defects, he/she has the right to demand the elimination of defects, including by replacing the products, provided that the defects arose before the delivery of the products to the Customer.
6.4. The return procedure is carried out with the participation of the payment processing operator and is governed by the rules of international payment systems, banks (including the bank of the Customer's card issuer), and other parties to the settlement.
6.5. In case of unilateral withdrawal from the Agreement, the prepaid amount shall be returned to the Customer in the method by which the Customer paid for the goods, no later than 30 days from the date of receipt of the request for unilateral termination.
7.1. The copyrights to the works, including, but not limited to, photographs, images, text, website design in general and in particular details, belong to the owner of the Website and other copyright holders with whose consent the works are placed on the Website.
7.2. The verbal trademark NINJA SUSHI, the combined trademark NINJA SUSHI with the logo, the visual trademark, and the verbal trademark ДЛЯ ИСТИННЫХ ЦЕНИТЕЛЕЙ belong to the owners of those trademarks.
7.3. Third parties are not entitled to use the works and trademarks posted on the Website in any way, copy in whole or in part, distribute, modify, reproduce, or use in any other way without the prior permission of the copyright holders.
7.4. Any use of works and trademarks without the permission of the copyright holders is a violation of intellectual property law.
8.1. If the products cannot be delivered, the Contractor shall cancel the order and notify the Customer thereof. The Customer has the right to negotiate new order conditions if such products are available for sale.
8.2. Couriers are not authorized to accept claims regarding the quality, quantity, or assortment of products on the Website. All such claims shall be addressed to the Contractor.
9.1. The Contractor collects and processes personal data that the Customer provides independently during registration or placing an order in accordance with the Law of Ukraine No. 2297-VI "On Personal Data Protection" dated June 1, 2010, and the Agreement.
9.2. Personal data is collected and processed in order to provide the Customer with access to the Website, process the Customer's orders, inform the Customer (including advertising materials), as well as other related actions.
9.3. The privacy and personal data policy under the Agreement applies exclusively to the Website. When the Customer visits the websites of third parties (including third-party services), the Customer shall be guided by the privacy policy of the relevant service.
9.4. The Customer shall provide their full name, e-mail address, and telephone number. The rest of the information is provided by the Customer at their discretion in the comments to the order. The Customer shall independently verify the accuracy of the information provided.
9.5. The Contractor has the right to send advertising messages, promotional materials for products, and information materials about the Contractor's products, services, events, and sale offers.
9.6. The Contractor has the right to disclose the Customer's personal data to third parties if such disclosure is required for the Contractor to fulfill their obligations under the Agreement and to protect the rights and freedoms of the Contractor or third parties if the Customer violates the terms of the Agreement.
9.7. The Customer has the right to refuse to receive advertising and other information by sending a message to the e-mail address specified for contact on the Website. The Customer has the right to request information about whether their data is being processed by the Contractor. The Contractor shall provide such information within 30 calendar days.
9.8. The Customer has the right to delete all their personal data by deleting their account through the mobile application in the "Profile" section or by sending a request to info@ninjasushi.pl