1. GENERAL PROVISIONS
1.1. Limited Liability Company "Industrial Group of Companies""HE AND THE GROUP"» (hereinafter referred to as the “SELLER”), in person general director Victoria Marchenko, acting on the basis of the Charter, on the one hand, offers any individual or legal entity (hereinafter referred to as the “BUYER”) to conclude this Public Offer Agreement for the purchase and sale of goods on the website https://soya-nuts.comprovided for in this Agreement.
1.2. This Agreement is a public offer agreement, in accordance with Art. Art. 633, 641 of the Civil Code and is concluded in compliance with the requirements of the Law of Ukraine "On Electronic Commerce". The terms of this Agreement are the same for all Buyers regardless of status (individual, legal entity). In the case of ordering goods for entrepreneurial activity, the persons placing the order must agree on the essential terms of purchase and sale by concluding a separate agreement with the Seller.
1.3. The subject of this Public Offer Agreement is the legal relationship arising in connection with the purchase and sale of goods by the Buyer.
1.4. In this Agreement, the following terms are used in the following meaning:
1.4.1. "Seller" - a business entity, which, in accordance with the contract, sells goods to the buyer - Limited Liability Company "Industrial Group of the Company "VIN IN GROUP", legal address: 04053, Kyiv, Kyyanivskyi Avenue, building 3/7, other premises P-5A;
1.4.2. "Goods" - a list of goods published on the Seller's website;
1.4.3. "Online store" - the Seller's website on the Internet at the address: https://soya-nuts.com, which contains all the terms of the public offer for searching, completing and reserving the Goods selected by the Buyer on the website and which is used to present and sell the Seller's goods by concluding an electronic transaction;
1.4.4. "Site" - a set of pages accessed using a web browser and software modules united by a single management system, located on the Internet at https://soya-nuts.com;
1.4.5. “Buyer” – a duly identified individual and/or legal entity with the tax status of a resident of Ukraine who places an order on the website https://soya-nuts.com for their own consumption;
1.4.6. "Order" - a properly executed and placed application of the Buyer, addressed to the Seller, for the search, assembly and reservation of Goods for their subsequent purchase by the Buyer.
1.4.7. "Personal Account" - a space on the Site to which the Buyer has access and which displays his personal information and the history of Orders placed by him.
1.5. The Buyer agrees to the terms of this Agreement at the time of placing the Order by clicking on the "Confirm Order" button, which confirms the fact of familiarization with the text of this Agreement by the Buyer and expresses agreement with the terms specified in this Agreement. Further objection by the Buyer to providing his consent in this way relieves the Seller from any liability for failure to fulfill the terms of this Agreement and reserves the right for the Seller to cancel the Order unilaterally.
1.6. The public offer comes into effect from the moment it is posted on the website https://soya-nuts.com/publichna-oferta/ and is valid until the offer is withdrawn or changed by the Seller.
2. RULES FOR WORKING WITH THE SITE
2.1. The Buyer may view the content of the Site, place orders, and use its other services.
2.2. Registration and identification are required for the Buyer to access personalized information and provide additional opportunities for working with the Site, including additional payment options for the order.
2.3. When registering (identifying), the Buyer enters the following data:
2.3.1. Name and surname;
2.3.2. Telephone number;
2.3.3. Email address;
2.3.4. Password.
2.4. The Buyer undertakes to provide accurate and complete information about himself, guaranteeing that it is true and will be used to make payment for the order. The Seller is not responsible for the accuracy and correctness of the information left by the Buyer when registering and placing the Order, as well as for the consequences of inaccurate identification, including when refunding funds for a canceled order / returned goods.
2.5. After registering on the Site, the Buyer is given access to his/her Personal Account.
2.6. The Buyer undertakes not to disclose to third parties the access parameters specified during registration. If the Buyer suspects unauthorized use of such parameters by third parties, the Buyer is obliged to immediately notify the Seller by sending an e-mail to the following address: info@soya-nuts.com or by contacting the Seller by phone number +380444558528.
2.7. The Buyer is responsible for any actions taken on the Site under his account and on his behalf.
2.8. The Seller has the right to refuse the Buyer the use of services published on the Site (including regarding placing an order and payment) if he has reason to believe that the Buyer has provided inaccurate data, as well as in the event of dishonest behavior (for example, violation of the terms of this agreement, etc.).
2.9. It is prohibited to use the Site for illegal and prohibited activities. Buyers agree to comply with the laws of Ukraine and the norms of conduct adopted on the Internet, namely, but not limited to, posting on the Site materials of an extremist, pornographic or other nature that affect the honor, dignity and/or business reputation of third parties and violate generally accepted norms of morality, as well as posting advertising information without the Seller's permission.
3. ORDERING RULES
3.1. The Buyer places an Order on the Site independently by adding the selected Goods to the virtual cart and clicking the "Place Order" button.
3.2. Only registered/identified Buyers may place an Order for Goods.
4. PROCEDURE FOR PAYMENT OF GOODS
4.1. The Buyer purchases the Goods specified in the Order placed on the Site, and also pays for the Seller's services in accordance with the legislation of Ukraine regulating the procedure for making payments in the field of e-commerce and on the terms agreed upon by the Parties in the Buyer's order confirmed by the Seller:
4.1.1. On the terms of prepayment to the Seller's account specified in the order via the Internet acquiring service;
4.1.2. At the time of receipt of the Goods under the terms of the "payment control" service at the courier service branch of LLC "NOVA POSHTA".
4.2. The total cost of the Order, which includes the full cost of the Seller's Goods and services, is equal to the amount payable and is indicated on the Site when placing and processing the Order.
5. ORDER DELIVERY PROCEDURE
5.1. Delivery of the Goods is carried out via the courier service of LLC "NOVA POSHTA".
5.2. The delivery area of the Goods sold by the Seller is limited to the territory of Ukraine. Delivery is not carried out to the temporarily uncontrolled and occupied territories of Ukraine, which are defined by the Law of Ukraine "On Ensuring the Rights and Freedoms of Citizens in the Temporarily Occupied Territory of Ukraine" dated 15.04.2014, No. 1207-VII, as well as regulatory documents on temporary features of the legislation of Ukraine in certain settlements in the Donetsk and Luhansk regions, the Autonomous Republic of Crimea, including those defined on the basis of Decrees of the President of Ukraine on the enactment of decisions of the National Security and Defense Council of Ukraine. By placing an order on the website, Buyers guarantee that they do not directly and/or indirectly carry out any activity and do not pay taxes on this activity in the above-mentioned temporarily uncontrolled and occupied territories of Ukraine.
5.3. During delivery, delays may occur due to unforeseen circumstances that may occur through no fault of the Seller.
5.4. Upon receipt of the Order, the Buyer is obliged to inspect the delivered Goods and check them for completeness and integrity in accordance with the Order. Receipt of the Goods from the courier service indicates that the Buyer has not made any claims to the Goods and the Seller has fully and properly fulfilled its obligation to deliver the order and transfer it to the Buyer's ownership. The time of transfer of ownership of the goods is the time of receipt of the goods by the Buyer from the courier service.
6. RETURN CONDITIONS
6.1. The return and exchange of goods by the end consumer that are not included in the list of the Resolution of the Cabinet of Ministers of Ukraine No. 172 of March 19, 1994 is carried out in accordance with the procedure provided for by the current legislation of Ukraine.
7. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
7.1. When registering on the Site, the Buyer leaves personal and contact data specified in clause 2.3. of this Agreement, but not limited to it.
7.2. By providing their personal data on the Site during registration or placing an Order, the Buyer gives their voluntary consent to the processing and use (including transfer) of their personal data without limiting the validity period of such consent in accordance with the Law of Ukraine "On Personal Data Protection".
7.3. The Seller uses the received personal data to provide services specified in this agreement, to perform services provided by the Seller, including through automated processing of personal data.
7.4. The Seller undertakes not to disclose information received from the Buyer. It is not considered a violation for the Seller to provide information to agents and third parties acting on the basis of a contract with the Seller, including to fulfill obligations to the Buyer, as well as in cases where the disclosure of such information is determined by the requirements of the legislation of Ukraine.
7.5. If the Buyer does not want the Seller to continue processing his personal data, the Buyer must contact the support service with a request. In this case, the Buyer will not be able to continue using the Seller's services posted on the Site.
7.6. The Buyer is responsible for keeping his/her personal data up to date. The Seller is not responsible for poor performance of its obligations due to the outdated or inaccurate information about the Buyer.
8. INFORMATION MESSAGES
8.1. By registering on the Site, the Buyer gives the Seller consent to receive information messages from the Seller and its partners, acting on the basis of an agreement with the Seller, using the short message service (SMS) and e-mail.
8.2. At any time, the Buyer has the right to refuse to receive such mailings by changing the relevant settings in the Personal Account.
9. RULES FOR USE OF MATERIALS POSTED ON THE SITE
9.1. The Site contains materials, trademarks, brand names and other legally protected materials, including, but not limited to: texts, photographs, graphic images, musical and sound works.
9.2. All content of the Site is protected by the relevant legislation of Ukraine.
9.3. The Buyer does not have the right to use the materials posted on the Site, namely: to make changes, publish, transfer to third parties, participate in the sale or assignment, create secondary documents, etc.
9.4. The Online Store may be partially and/or completely unavailable due to preventive or other technical work on the Site. The Seller's technical service has the right to periodically carry out the necessary preventive and/or technical actions in order to improve the operation of the Site and/or update information on the Site with prior notice to Buyers or without notice if necessary.
10. TERM OF THE AGREEMENT
10.1. This Agreement shall enter into force from the moment the Buyer places the Order (acceptance) and shall remain in effect until the Parties fully fulfill their obligations, except in cases of its early termination.
10.2. This Agreement may be terminated before the expiration of its term by mutual consent of the Parties.
10.3. The Parties have the right to terminate this Agreement unilaterally, in the event of failure by one of the Parties to fulfill the terms of this Agreement and in cases provided for by the legislation of Ukraine.
11. OTHER TERMS
11.1. This Agreement is concluded on the territory of Ukraine and is subject to the substantive law of Ukraine.
11.2. The invalidity of any clause or part of this Agreement shall not result in the invalidity of the Agreement as a whole.
11.3. All disagreements and disputes that may arise between the Parties in connection with the implementation of legal relations governed by this Agreement shall be resolved through negotiations.
11.4. On all issues not regulated in the text of this Agreement, the Parties shall be guided by the current legislation of Ukraine.
11.5. If, as a result of negotiations, the Parties were unable to reach a mutual agreement on the differences that have arisen, as well as if one of the Parties evades negotiations, the dispute shall be resolved in court in accordance with the current legislation of Ukraine.
Seller details: 04053, Kyiv, Kyyanivskyi Ave., building 3/7, other premises P-5A; EDRPOU code 3993550; phone number – +380444558528, e-mail info@soya-nuts.com
