1. GENERAL PROVISIONS
1.1. The following text is an Agreement between the online store perfettofood.com.ua, hereinafter referred to as the "Seller", and the user of the online store services, regardless of status (individual, legal entity, individual entrepreneur), hereinafter referred to as the "Buyer".
1.2. This Agreement defines the conditions for the purchase of food products, hereinafter "Product", by the buyer through the Seller's online store.
1.3. The contract is public according to Art. 633 and Art. 641 of the Civil Code of Ukraine and is the equivalent of an "oral agreement" and has due legal force.
1.4. According to Art. 642 of the Civil Code of Ukraine by full and unconditional acceptance of the terms of this contract-offer, which confirms the conclusion of the Contract on the proposed terms, the fact that the Buyer has paid the price of the goods ordered on the website of the online store (or by other means).
1.5. In this offer, unless the context otherwise requires, the following terms have the following meanings:
"Internet store" - the Seller's website, created for the conclusion of retail and wholesale sales contracts, after the Buyer has familiarized himself with the Seller's offered Goods, in photographs, remotely.
"Seller" is an organization, regardless of its organizational and legal form, and/or an individual entrepreneur who sells goods.
"Product" - products offered for sale and posted on the website perfettofood.com.ua.
"Buyer" - a natural and/or legal entity that places an order on the perfettofood.com.ua website. "Recipient" - a natural and/or legal entity defined by the Buyer, who must receive the ordered Goods.
"Acceptance" means full and unquestionable acceptance by the Buyer of the terms of the Agreement.
"Order" - individual items from the assortment list of Goods specified by the Buyer during the registration of the application on the website.
2. SUBJECT OF THE AGREEMENT
2.1. The Seller sells and delivers the Goods in accordance with the current price list published on the website perfettofood.com.ua, and the Buyer pays for and accepts the Goods in accordance with the terms of this Agreement.
3. ORDER PROCEDURE
3.1. Forming an order.
3.1.1. Orders are accepted through the perfettofood.com.ua website during the Seller's working hours.
3.1.2. The price of the food order includes delivery to the Recipient, if the value of the order exceeds UAH 1,000, and is not paid separately.
3.1.3. The cost of all types of delivery is indicated in the "Delivery" section on the Seller's website.
3.1.4. However, the Seller does not provide services for the purchase and delivery of goods purchased from third parties on the order of the Buyer.
3.1.5. If the order has been completed and paid for by the Buyer, the order is assembled a few hours before delivery.
3.1.6. If the order was placed after 21:00, the possibility of such delivery is additionally agreed with the administrator of the online store, and is paid according to the delivery rates specified on the Seller's website.
3.1.7. When placing an order, the Buyer must specify the details of the Recipient as accurately as possible. Incorrect information provided by the Buyer may prevent the execution of the order at the specified time. In this case, delivery is delayed until the Recipient's correct data is clarified, but no more than 12 hours from the moment the Buyer pays for the order.
3.2. Order payment procedure.
3.2.1. Payment of the order means the consent of the Buyer to enter into this Agreement with the Seller.
3.2.2. The Buyer pays the cost of the order under the Contract by transferring funds to the Seller's current account. The date of payment is considered the date of receipt of funds to the Seller's account.
3.2.3. The prices for any item of the Product specified on the perfettofood.com.ua website are valid at the time of placing the order.
3.2.4. The buyer has the right to confirm or cancel the order until it is paid.
3.2.5. Orders are accepted for execution only after receipt of funds to the Seller's account, with the exception of choosing the payment method "Cash on delivery".
3.2.6. The buyer is notified of the payment of the order to the e-mail address that was specified when placing the order.
3.2.7. Services of payment systems, terminals are paid additionally by the Buyer.
3.3. Terms of order delivery.
3.3.1. When placing an order, the Buyer must clearly indicate the requirements for its delivery. One order can be issued for one date, time, and address. If you need several Goods at different addresses, or at different times at the same address, you must place the appropriate number of orders.
3.3.2. Delivery of the order is carried out upon prior agreement with the Recipient at the phone number specified by the Buyer in the order.
3.3.3. Fast execution of the order, performed within 2 hours after payment of the order, upon agreement with the Recipient.
3.3.4. Payment of the order by non-cash payment must be made at least one hour before the selected delivery time interval.
3.3.5. The Buyer can make changes to the order no later than 1 hour before the time of delivery of the order. If the order has already been placed, it cannot be canceled. The Buyer can place and pay for a new order, while the previous order can be picked up at the pick-up point or, at the Buyer's request, can be forwarded to another address.
4. TERM FOR EXECUTION OF THE ORDER
4.1. The order fulfillment period depends on the location of the Recipient - within the city of Vinnytsia from 1 hour. Outside the city, the term of order fulfillment and delivery is agreed with the administrator of the online store separately. Everything depends on the complexity of the order: the quantity of the product and its availability, on unforeseen events that do not depend on the Seller (road accidents, weather conditions, traffic jams, etc.).
4.2. In case of improper delivery of the order due to the fault of the Seller (the order does not meet the Buyer's requirements or the product is not in the proper form), further actions will be coordinated with the administrator of the perfettofood.com.ua store.
4.3. The order is considered fulfilled at the moment of its transfer to the Recipient/Buyer and/or his authorized persons.
4.4. The agreement between the Seller and the Buyer is valid from the moment of its conclusion until the moment of delivery of the order to the Recipient/Buyer or his authorized representatives.
5. ORDER CREATION. REPLACEMENT OF MISSING COMPONENTS
5.1. The Seller creates an order according to the Buyer's requirements.
5.2. If the Seller does not have certain elements for placing an order for any reason (seasonality, lack of the desired taste of the product or variety), the Seller, upon agreement with the Buyer, can make a replacement.
5.3. If the appearance of the goods differs from the image on the Seller's website, this cannot be a defect or cause for a refund or replacement of the order.
5.4. All informational materials presented on the website perfettofood.com.ua are of a reference nature and cannot fully convey reliable information about certain properties and characteristics of the product. If the Buyer has questions about the properties and characteristics of the Product, before placing the order, he must contact the administrator of the online store for advice by phone, or send a request to the site according to the usual order procedure.
6. REPLACEMENT OF GOODS. RETURN OF GOODS. CASH BACK.
6.1. According to the company's rules, food products and other goods cannot be returned or exchanged.
6.2. The Recipient/Buyer can refuse or return the order immediately upon receipt, indicating the reason for the return to the courier.
6.3. The buyer has the right to issue a letter with a complaint using the Viber and Telegram messengers at the number 099 500 08 80, indicating the reason and providing the relevant description and confirming photos.
6.4. In case of replacement or return of the product, the Buyer or Recipient must return the previous product in the form in which it was delivered.
6.5. The Seller may refuse to replace or compensate the value of the gift, if the Recipient has personal reasons for returning the goods (allergy, taste, etc.) about which the Seller was not informed.
6.6. If the Recipient rejects the order during the previous call, the Buyer can receive the money paid for this order, if it has not yet been prepared by the chefs.
6.9. If due to the fault of the Seller the order was not delivered on the specified day by the Buyer or the Recipient, the Buyer has the right to demand compensation, the amount of which cannot exceed the amount of the order.
7. INTELLECTUAL PROPERTY COPYRIGHT.
7.1. The seller is the sole owner of the PerfettoFood trademark, according to the Certificate of Ukraine.
7.2. Clause 2, 4 of Article 16 of the Law of Ukraine "On Protection of Rights to Marks for Goods and Services" establishes that the certificate entitles its owner to use the mark and other rights specified by this Law.
7.3. According to Art. 20 of the Law of Ukraine "On the Protection of Rights to Marks for Goods and Services" any encroachment on the rights of the owner of the certificate provided for in Art. 16 of this Law, including taking actions without the consent of the holder of the certificate, which require his consent, and preparing to commit such actions, is considered a violation of the rights of the holder of the certificate, which entails responsibility in accordance with the current legislation of Ukraine.
7.4. A violation of the rights of the owner of the certificate is also considered to be used without his consent in domain names, signs and designations specified in clause 5 of article 16 of this Law.
7.5. For the legal use of the TM - applying it to any product for which the mark is registered, hereinafter referred to as the "Product", the package containing such Product, sign, label, patch, tag or other item attached to the product, storage of such goods marked with the specified sign for sale, offering it for sale, sale, import (import) and export (export), its use in business documentation or in advertising, and on the Internet, including in domain names, you must obtain a separate permission.
7.6. If business entities wish to use the TM in their activities with permission to use it, they can contact the site administrator.
7.7. The seller is the owner of exclusive property copyrights for a number of photographic works, graphic images on the site and is their sole author. The seller uses photographic works by publishing on the website perfettofood.com.ua to illustrate goods and services.
7.8. Given the presumption of originality of copyright objects, all photographic works are original, therefore protected by copyright without registration and formalities from the moment of their creation in all countries of the world in accordance with the "Bern Convention for the Protection of Literary and Artistic Works" of 1886 and the Law of Ukraine "On copyright and related rights" of 1993.
7.9. The subject of exclusive property copyright for photographic works may give permission for the use of these works to third parties and prohibit their use, if this takes place without obtaining permission. The owner of the photos posted on the website perfettofood.com.ua gives permission to use his photo only if the photo is posted with a backlink to the original source.
8. DURATION OF THE AGREEMENT. PROCEDURE FOR IMPLEMENTING CHANGES
8.1. Acceptance of the Offer by the Buyer is confirmation of the conclusion of the Agreement under the terms of the Offer.
8.2. The Agreement enters into force from the moment of payment of the order by the Buyer and is valid until the moment the Seller fulfills its obligations under this Agreement.
8.3. The Seller has the right to make changes to the text of this Agreement at its discretion at any time and without prior notice to the Buyer. The current (current) version of the Agreement is always available on the website.
8.4. The Buyer agrees and acknowledges that making changes to the Offer causes these changes to be made to the already valid Contract concluded between the Buyer and the Seller, and these changes in the Contract become effective with such changes in the Offer.
9. CONFIDENTIALITY
9.1. The Seller guarantees the confidentiality of the information provided by the Buyer during registration or placing an order.
9.2. The seller guarantees that personal data will not be used for selfish purposes, on third-party resources or for spreading spam.
9.3. When placing an order, the Buyer consents to the processing of his personal data, which are stored in the Seller's database exclusively for the identification of the Buyer/Recipient in case of repeated orders and for correct execution. If the Buyer refuses, the Seller will not be able to carry out the order accordingly.
10. LIABILITY
10.1. The Seller bears all risks related to the loss or damage of the goods until the moment of their transfer to the Buyer.
10.2. The Recipient or the person who accepted the goods at the time of the Recipient's absence bears all the risks associated with the loss or damage of the goods from the moment of their acceptance.
10.3. The seller has the right to transfer his rights and obligations regarding the fulfillment of orders to third parties, without releasing himself from responsibility.
10.4. The Seller is not responsible for improper use or storage of goods ordered by the Buyer on the website www.perfettofood.com.ua.
10.5. The responsibility of the Parties in other cases is determined in accordance with the legislation of Ukraine.
10.6. The parties agree that any disputed situations, the resolution of which could not be reached through negotiations, are resolved in accordance with the current legislation of Ukraine.
