1. General Provisions.
1.1. The online store PokeWay (www.pokeway.in.ua), including:
- Individual Entrepreneur Sorokopud S.O. (address: Tsentralnyi 160, Mykolaiv),
- Individual Entrepreneur Sorokopud V.O. (address: Tsentralnyi 78a, Mykolaiv),
- Sorokopud Maya Dmytrivna (address: Bohoiavlenskyi, Mykolaiv),
- Borodata O.F. (address: Poshtovyi 19, Kryvyi Rih),
- PokeWay (address: Hretska Square 3/4, Odessa),
(hereinafter referred to as the Seller) publishes this contract, which is a public offer agreement (hereinafter referred to as the Agreement) and has the corresponding legal force, regarding the sale of goods presented on the official website of the Seller, to both individuals and legal entities (hereinafter referred to as the Buyer).
1.2. In accordance with Articles 633, 641, 642 of the Civil Code of Ukraine (hereinafter – CCU) and the Rules for the sale of goods on order and outside trading or office premises, approved by the order of the Ministry of Economy of Ukraine dated 19.04.2007 №103, this document is an offer, and the fact of the Buyer placing an order orally (by phone or directly in the restaurant) or in writing (through the website or email) and the receipt of this order by the Seller constitutes full and unconditional acceptance of this public contract and the information stated on the website.
1.3. The use of services and purchase of goods provided by the online store www.pokeway.in.ua implies the person’s consent to the rules, terms, limitations, and other conditions of cooperation set out in this document.
1.4. By accepting the terms of this contract, the Buyer confirms that:
- А) The information provided during the ordering of goods or services is correct and up-to-date;
- B) The provided contact information may be used for the purpose of notifying about changes in operations, promotional offers, or providing other information related to the Seller’s activities.
1.5. Based on the above, please carefully review this contract (public offer), and if you do not agree with any of the terms of the offer, please leave the site. In this Contract, unless the context requires otherwise, terms shall be interpreted as follows:
1.6. “Offer” – a public proposal of the Seller, addressed to any individual or legal entity, to enter into a sales contract under the existing conditions specified in the Contract.
1.7. “Goods” – a list of assortment names presented on the official website of the Seller, but not limited only to the website.
1.8. “Seller” – a company that sells Goods presented in the online store, but not limited only to the website.
1.9. “Buyer” – a physical or legal person who has entered into contractual relations with the Seller under the terms specified in the Contract.
1.10. “Acceptance” – the full and unconditional acceptance of the Contract terms by the Buyer.
1.11. “Order” – individual items from the assortment list of Goods, indicated by the Buyer when placing an order on the Seller’s website or ordered by any other means.
1.12. “Courier delivery” – direct transfer of Goods from the Seller to the Buyer by an independent contractor providing services to the Seller in accordance with a separate concluded contract.
1.13. “Online store” – the Seller’s webpage www.pokeway.in.ua.
1.14. “Place of sale of Goods” – the public catering establishment (restaurant) of the Seller.
1.15. For the purposes of this offer, terms and definitions in singular also apply to terms and definitions in plural.
2. Subject of the Contract.
2.1. The Seller sells the Goods to the Buyer in accordance with the prices valid at the time of ordering, and the Buyer has the right to pay for and accept the Goods according to the terms of this Contract.
2.2. This contract is the official document of the Seller and an integral part of the Offer.
2.3. The sale of Goods is carried out at the Seller’s establishment.
3. The Moment of Conclusion of the Contract.
3.1. The text of the contract is a public offer (according to Articles 633, 643 of the Civil Code of Ukraine and the Rules for the sale of goods on order and outside trading or office premises, approved by the order of the Ministry of Economy of Ukraine dated 19.04.2007 № 103).
3.2. The act of placing an order with the Seller, either independently or with the help of an operator, is an unconditional acceptance of the terms of this Contract, and the Buyer henceforth acts as a party that has entered into contractual relations. The Buyer is obliged to familiarize themselves with the terms of the contract on the website, the Seller is not obliged to inform the Buyer about the existence of the contract.
3.3. The moment the Buyer enters into contractual relations with the Seller is considered the moment of ordering the Goods, regardless of the method of ordering and form of payment.
3.4. At the written request of the Buyer, the Seller formalizes the contract with the signatures of the parties.
3.5. The Buyer independently and of their own will contacts the Seller, which means that the Buyer has familiarized themselves with this contract and agrees with it.
4. Price of Goods.
4.1. Prices in the online store are indicated in the national currency of Ukraine (hryvnia) per unit of goods according to the existing price list.
4.2. The Seller reserves the right to change the price of Goods until the order is placed without prior notice to the Buyer.
4.3. The final price is the price indicated by the manager during the order placement.
4.4. Prices stated on the website www.pokeway.in.ua are for informational purposes.
5. Payment for Goods.
5.1. In case of cash payment, the Buyer is obliged to pay the Seller the price of the goods at the moment of their transfer unless otherwise provided by agreement or contract between the parties.
5.2. Payment for goods and services provided by the online store www.pokeway.in.ua is made in the national currency of Ukraine according to the prices and tariffs set at the time of purchasing the goods or receiving the services by one of the following methods:
5.3. Payment for goods and services provided by the online store www.pokeway.in.ua is made according to the “Delivery” section published on the website www.pokeway.in.ua. Payment is credited only provided the procedure published on the website is followed.
5.4. In case of non-payment, incomplete payment, or late payment, the online store www.pokeway.in.ua reserves the right not to provide goods, to suspend or completely fail to fulfill its obligations and in this case bears no responsibility for possible consequences of such decision/actions.
5.5. Goods and services are guaranteed and provided only upon receipt of payment by the online store www.pokeway.in.ua. Until the payment is received, the online store www.pokeway.in.ua has no obligations to the Buyer regarding the goods and services ordered by the Seller.
5.6. In case of non-cash payment, the Buyer’s obligation to pay the cost of the goods is considered fulfilled from the moment the corresponding funds are credited to the Seller’s account.
5.7. In the case of non-cash payment, the Buyer is obliged to present the manager or courier with a document confirming the payment of the Goods (payment order, payment receipt, etc.).
5.8. Prices for any items of Goods may be unilaterally changed by the Seller. In case of a change in the price of the ordered items of Goods before payment of the Order, the Seller is obliged to inform the Buyer of such changes as soon as possible. The Buyer has the right to confirm or cancel the Order. In case of no contact with the Buyer, the Order is considered canceled within 24 hours from the moment of the change in the price of the Goods.
6. Placing Orders for Goods
6.1. The Buyer’s order can be placed by phone and/or by filling out the electronic order form on the website or in the corresponding software of the mobile application.
6.2. The Buyer undertakes to provide accurate data necessary and sufficient for the execution of the retail purchase-sale contract of Goods by distance means.
6.3. In case the Buyer has additional questions concerning the Goods before placing the Order, the Buyer should contact the Seller by Phone to obtain the necessary information, according to the working hours specified on the website.
6.4. The Buyer can order only those Goods that are available at the Seller at the time of placing the order for Goods with the Seller.
6.5. The Buyer has no right to change the composition of the order.
6.6. When placing an order by Phone, the seller has the right to record the telephone conversation with the user if such actions are necessary for the seller to fulfill the obligations provided by this offer, and to assess the quality of the services provided, without obtaining consent from the User for such actions.
6.7. When placing an order by filling out the electronic order form on the Website, the Buyer may create an account according to the User Agreement specified on the website.
6.8. If the Seller lacks the necessary quantity or assortment of Goods ordered by the Buyer, the Seller informs the Buyer by phone within 30 minutes after receiving the order for Goods from the Buyer. The Buyer has the right to agree to accept the Goods in a different quantity or assortment, or to cancel their order for goods. If no response is received from the Buyer, the Seller has the right to cancel the Buyer’s Order in full.
6.9. The Seller has the right to temporarily suspend the acceptance of orders for goods in case of technical malfunctions that do not allow accepting orders for goods, or the absence of ingredients necessary for the production of goods.
7. Notifications to the Buyer
7.1. The Seller has the right to send notifications about promotions and advertising materials to the User via telecommunication networks, provided that the User consents to such actions, as defined by the privacy policy.
7.2. The Buyer has the right to unsubscribe from the notifications mentioned in clause 7.1. of this offer at any time, and to subscribe to the notifications again.
7.3. The Seller has the right to make calls to the User’s address for the purpose of conducting marketing research among the Buyers and studying the preferences of the Buyers; conducting prize draws among the buyers; analyzing the services provided by the seller; resolving conflict situations without obtaining consent from the User for all the above-mentioned actions.
7.4. The Seller has the right to send Service messages informing the Buyer about the order they have placed, its composition, stages of its processing, and about the readiness of the order; such service messages are sent automatically, cannot be rejected by the Buyer, aimed at controlling the quality of services provided to the Buyer and informing them about the proper fulfillment of the Seller’s obligations under the distance sales contract.
8. Return and Exchange of Goods
8.1. Return of goods of proper quality is not allowed.
8.2. The Seller is obliged to transfer to the buyer goods that fully correspond to his order, the quality of which corresponds to the information presented to the buyer when concluding the distance retail sale contract, as well as the information brought to his attention when transferring goods (on the label or insert attached to the goods or their packaging, or by other means, for certain types of goods).
8.3. Upon receiving the goods, the buyer checks the conformity of the received goods to their order, completeness, and the absence of claims to the external appearance of the delivered Goods within 5 (Five) minutes after receiving the Goods. The external appearance of goods may differ from their advertising image.
8.4. In case of receiving poor-quality Goods, or non-conformity of the received Goods to the ordered (absence of declared ingredients in the Goods), the Buyer has the right to demand replacement of such Goods with Goods of proper quality immediately within 5 (Five) minutes after receiving the Goods.
8.5. In case of non-compliance with the procedure for presenting the buyer’s claims regarding the external appearance of goods and their completeness, as provided by clause 8.3, clause 8.4 of this offer, claims are not accepted.
9. Delivery of Goods.
9.1. The Buyer has the right to receive the ordered Goods by self-pickup from the public catering establishment (restaurant) of the Seller or to use courier delivery services.
9.2. Self-pickup is carried out by the Buyer from the public catering establishment (restaurant) of the Seller, specified in the order.
9.3. Courier delivery of the order to the Buyer is carried out by agreement with the Buyer and to the address specified by them.
9.4. Delivery of the ordered Goods is carried out within the cities of Mykolaiv, Odesa, Kryvyi Rih, unless otherwise provided by prior agreement between the parties.
10. Sale of Goods and Provision of Services.
10.1. The online store www.pokeway.in.ua does not guarantee unconditional fulfillment of the order. The technical systems involved (the web page and the site www.pokeway.in.ua itself) may include undetected technical errors, the consequence of which is the impossibility of fulfilling the order, purchasing goods, or untimely fulfillment of the order. In addition, circumstances beyond the Seller’s control, or force majeure circumstances, may lead to the impossibility of fulfilling the order or its untimely fulfillment.
10.2. In case of impossibility or untimely fulfillment of the obligations taken for reasons outlined in clause 7.1 (excluding force majeure), the online store www.pokeway.in.ua is responsible within the amounts received from clients as payment for goods or services.
10.3. The online store www.pokeway.in.ua does not bear and under no circumstances can bear any material liability that goes beyond the amounts received from the client as payment for goods and services.
10.4. The online store www.pokeway.in.ua reserves the right to refuse to provide services or sell goods to the Buyer at its own discretion.
10.5. Money paid by the Buyer is not refundable in the following cases:
- A) The client’s refusal to receive the service or goods after payment and receipt from the courier;
- B) By court decision;
- C) If the goods of proper quality are provided.
10.6. The place of sale of the Goods is the public catering establishment (restaurant) of the Seller.
11. Liability to Third Parties.
11.1. The online store www.pokeway.in.ua bears no responsibility for the use or further use of goods and services purchased in the online store www.pokeway.in.ua and with its help.
11.2. The online store www.pokeway.in.ua is not responsible for the content and quality of the sold goods provided that there are certificates from the importer and documents confirming the purchase of this product from the importer.
12. Rights and Obligations of the Parties.
12.1. The Seller undertakes to:
12.1.1. Not disclose any private information of the Buyer and not provide access to this information to third parties, except in cases provided by the current legislation of Ukraine.
12.1.2. Provide the Buyer with the opportunity to receive free telephone consultations at the numbers specified on the site www.pokeway.in.ua. The scope of consultations is limited to specific questions related to the execution of the order.
12.1.3. The Seller reserves the right not to fulfill the order in case of force majeure circumstances.
12.1.4. The Seller reserves the right to unilaterally change this Agreement until its conclusion.
12.2. The Seller is not responsible for improper use of the Goods ordered in the online store by the Buyer.
12.3. The Seller has the right to transfer its rights and obligations to execute Orders to third parties.
12.4. The Buyer is obliged to:
12.4.1. Before applying to the online store www.pokeway.in.ua, familiarize themselves with the content of the Offer-agreement, payment and delivery conditions on the store’s website.
12.5. The right of ownership of the Order, as well as the risk of its accidental damage or loss, passes to the Buyer from the moment of transferring the Goods.
13. Force Majeure.
13.1. The Parties are exempt from liability for non-performance or improper performance of obligations under the terms of the Agreement for the duration of force majeure. Force majeure means extraordinary and insurmountable under these conditions circumstances that prevent the Parties from fulfilling their obligations under this Agreement. These include natural disasters (earthquakes, floods, etc.), circumstances of public life (military actions, emergency states, major strikes, epidemics, pandemics, etc.), prohibitive measures of state authorities (transportation bans, currency restrictions, international sanctions, trade bans, etc.). During this time, the Parties have no mutual claims, and each of the Parties assumes its own risk for the consequences of force majeure circumstances.
14. Copyrights.
All textual information and graphic images posted on the website of the online store www.pokeway.in.ua are the property of the Seller and/or its suppliers and manufacturers of Goods.
15. Information and Its Use.
15.1. The Buyer is obliged to provide accurate and truthful information in the volume necessary for providing services and/or purchasing goods they receive or purchase. The information provided by the Buyer, if necessary, may be published in open sources.
15.2. The online store www.pokeway.in.ua has the right at its discretion to require the Buyer to provide documentary confirmation of the authenticity of the provided information.
15.3. Providing inaccurate information or not providing such information at the request of the online store www.pokeway.in.ua may serve as a reason for suspending the provision of services or the sale of goods. In this case, the online store www.pokeway.in.ua is not responsible for any damage caused to the Seller in the event of suspension/non-performance of services or non-sale of goods in case of non-compliance with clause 12.1.
15.4. The Seller collects and processes the personal data of Buyers (namely: the surname, name, patronymic of the Buyer; delivery address; contact phones, email address, etc.) for the purpose of: – fulfilling the terms of this Agreement; – delivering the ordered products to the Buyer.
15.5. By placing an Order for Goods through the online store www.pokeway.in.ua, the Buyer consents to the collection and processing of such information.
15.6. Access to the personal data of the Buyer is available only to persons directly involved in the execution of the Order.
15.7. The Seller undertakes to: maintain confidentiality regarding the personal data of Buyers; prevent attempts at unauthorized use of Buyers’ personal data by third parties; exclude access to the personal data of Buyers to persons who are not directly related to the execution of the Order, except in cases provided by the current legislation of Ukraine.
