Terms of service

Dear User! 

Please read the text of the public offer carefully, and if you do not agree with any item of the offer, you have the right to refuse to purchase the Goods available in the online store and not to take the actions specified in this Offer.

PUBLIC OFFER AGREEMENT

This Public Offer Agreement (and / or Offer) is the Seller's proposal to sign an electronic contract of sale within the meaning of the Law of Ukraine "On E-Commerce" on the purchase of goods through the online store https://www.adelaida.ua with any interested person under the conditions set out below.

Definition:

Public offer agreement is a public agreement, the terms of which are the same for all Buyers according to Art. 633, 641 of the Civil Code of Ukraine, unconditional acceptance of the terms of which by the Buyer (payment for the Goods in accordance with Part 2 of Article 642 of the Civil Code of Ukraine) is considered acceptance of this Agreement between Seller and Buyer.

Offer is the Seller's offer to enter into this Public Offering Agreement on the terms set forth in this Agreement, addressed to an unlimited number of persons.

Online store and / or Website - the relevant software and functional complex, located on the official website at: https://www.adelaida.ua, through which the Seller offers for sale a list of Goods and which allows the User to view the Goods, their price, terms of payment, etc., make the appropriate order, etc.

Seller is a legal entity or individual entrepreneur who places information on the Site about the Goods and / or services that can be ordered. The Seller may be either the Administration or any person to whom the Administration has granted the right to post information about goods and / or services. The name of the Seller is indicated in the documents for the transfer of goods to the Buyer (acceptance certificate, bill of lading, goods receipt, fiscal check, etc., confirming the fact of transfer of goods to the Buyer).

Administration is the Seller, employees of the Seller, authorized to manage the online store by third parties.

Online Store User (hereinafter User) is any person who has access to the Online Store and uses its functionality and services.

Buyer is any person who has accepted this public offer.

Good(s) are products from the list provided on the Site, which the Seller offers for sale to Buyers.

Acceptance of the Offer is the full and unconditional consent of the Buyer to accept the terms of the Offer. The Offer is considered accepted by the Buyer, and the Purchase and Sale Agreement is concluded from the moment the Buyer places the Order on the Site and confirms acceptance of the terms of the Offer.

Order is the User's application for the purchase of goods presented in the online store, made by filling out the appropriate electronic form in the online store.

Confirmation of the order is a notification of the Seller about receipt of the Order from the Buyer and acceptance of such order for execution.

Parties are the collective name of the Seller and the Buyer.

Registration is the procedure of entering personal data of the User in a special form on pages of the Online Store in order to provide the User with access to personalized online store services.

1. GENERAL PROVISIONS

1.1. The Agreement concluded on the basis of the Buyer's acceptance of this offer is the Agreement the connection to which the Buyer joins without any exceptions and / or reservations. The Buyer accepts the Offer only with full agreement with all its terms and recognition of its terms fair and not restricting the rights of the Buyer.

1.2. To accept the offer to sign this agreement, the person must identify himself in the online store by registering and provide a response to the acceptance of the offer (acceptance) by placing an order, filling in all required data and details order. The fact of placing an order by the Buyer (by clicking on the link "Make order", or by placing an order through the operator of the Internet-store) in accordance with Part 2 of Article 642 of the Civil Code of Ukraine, is considered acceptance of this Contract by the Buyer.

1.3. The Administration of the Online Store may at any time, without notice, make any changes to this Agreement, materials and information contained in the Online Store. The Administration is not responsible for the irrelevance of information on Sites, any damages resulting from use, inability to use or the results of using the online store resource.

1.4. The public offer agreement, in the wording at the time of its acceptance by the Buyer may be sent to the Buyer, at his request, not later receipt of the Goods by e-mail and / or mail.

2. SUBJECT OF THE AGREEMENT

2.1. The Seller undertakes to transfer the Goods to the property under the terms of this Agreement of the Buyer, and the Buyer undertakes to accept the Goods / Services and to pay its value on terms of this Agreement. The Seller may fulfill the Order both in person and with involvement of third parties.

2.2. The Seller and the Buyer confirm that this Agreement is not a fictitious, a transaction committed under the influence of violence or deception.

3. TIME OF CONCLUSION OF THE AGREEMENT

3.1. Acceptance by the Buyer of the offer to conclude the Agreement (Acceptance) is carried out by placing an order for a Product / Service in an online store under the conditions specified in clause 1.2. of this Agreement. The moment of concluding this Agreement is the confirmation of the order The seller.

3.2. The buyer confirms his consent to receive that e - mail address was specified by him when filling out the registration form on the website of the online store or when actual use of the online store, notifications, and indefinite consent to receiving commercial, advertising and other proposals from the Administration (about new products products, promotions, etc.), and if the Buyer does not want to receive the above information, he has the opportunity to unsubscribe at any time by contacting Online store administration in a way convenient for the Buyer.

4. MAKING AN ORDER

4.1. The order of the Goods / Services is carried out by the Buyer through the Online Store, or with the help of the Operator of the Online Store. To place an Order, the Buyer fills in the order form posted on the Seller's website. The form is considered completed if it contains all the sections marked as mandatory.

4.2. You can place an order through the online store after registration. In this case, the Buyer has the right to register on the site only 1 (one) time, i.e. may have only one personal account.

4.3. When registering in the online store, or when ordering goods / services through the operator of the online store, the buyer must provide the following information about yourself:

- Last name, first name, patronymic of the Buyer;

- contact phone of the Buyer;

- e-mail address for communication with the Buyer;

- address of delivery of the Goods (if necessary delivery of the Goods).

4.4. A customer who registers in the online store receives individual identification by providing a login and password. It is prohibited for the Buyer to transfer the login and password to third parties.

4.5. The Buyer places an order by clicking on the link that corresponds to the statement "Place an order", or by confirming the order to the operator of the online store.

Execution of the Order by the Buyer and its further transfer for execution, means sufficient and full acquaintance of the Buyer with the Goods, its price, information on terms deliveries.

4.6. The order is considered accepted by the Seller and is subject to execution after Confirmation of the last order (confirmation is the message of the Seller sent by means of communication to the Buyer). After that, the Offer is considered accepted, and the Agreement is considered concluded.

In case of absence of the ordered Goods in the Seller's warehouse, including for reasons beyond the control of the Seller, the Seller has the right to remove the specified Goods from the Buyer's Order and notify the Buyer.

4.7. Any information about the Product contained on the website of the Online Store is for informational purposes only and cannot be construed as fully conveying all, without exception, the properties and characteristics of the Product. In case the Buyer has questions about the Goods, before ordering he must consult the operator of the online store.

4.8. The Seller has the right to refuse the Buyer to fulfill the Order in full or in part, if all or part of the goods are not available or for other reasons that prevent its delivery. In case of refusal of the Buyer to fulfill the Order in full or in part, the Seller notifies the Buyer by sending him a letter to the e-mail address or telephone number specified by the Buyer when registering on the Site.

4.9. The Buyer has the right to cancel his Order by contacting the Seller at +380675518536. In this case, the Seller cancels the Order and returns

funds paid to the Buyer, if payment has been made. The order can be canceled only until it is handed over to the courier or postal operator.

5. PRICE OF GOODS AND TERMS OF PAYMENT

5.1. The price at which the Goods are sold / the Service is provided - is indicated in the documents for the transfer of the Goods / for the provision of the Service to the Buyer.

The Seller reserves the right to change the prices of the Goods / Services unilaterally. In this case, the prices for the Goods / Services ordered by the Buyer (after confirmation of the order by the Seller) are not subject to change, except for the conditions provided for in paragraph 3 of the Rules and conditions of use of the Online Store.

5.2. Payment for the Goods / Services is made by the Buyer in cash or non-cash form by transferring funds to the current account of the Seller. Currency of settlements (hryvnia).

5.3. The Buyer is obliged to pay for the ordered Goods / Services within the terms agreed by the Parties when placing the order.

5.4. In the case of non-cash form of payment, the Buyer's obligations to pay for the Goods / Services are considered fulfilled from the moment of crediting the funds to the current account of the Seller.

5.5. If the Goods are sold at a discount, information on the availability and amount of the discount is posted on the website of the Online Store, and is informative. The price at which the Goods / Services are sold is indicated in accordance with clause 5.1. Discounts are not added up or added to other discounts.

5.6. Together with the ordered Goods, the Seller provides the Buyer with a document confirming the electronic transaction (in the form of an electronic document, receipt, commodity or cash receipt, ticket, coupon or other document at the time of the transaction or at the time of the Seller's obligation to deliver the Goods).

6. TERMS OF DELIVERY OF GOODS

6.1. The Seller's obligations to deliver the Goods to the Buyer arise from the moment of confirmation of the relevant Order.

6.2. Terms of delivery of the Goods to the Buyer are agreed by the Parties in each case and recorded in the order confirmation. The date of delivery of the Goods is indicated in the invoices for the Goods.

6.3. Delivery of the Goods to the Buyer is carried out on the terms published on the website of the Online Store.

6.4. Ownership of the Goods and / or the risk of accidental destruction or damage passes from the Seller to the Buyer at the time of the actual transfer of the ordered (paid) Goods to the Buyer, which is confirmed by the relevant invoice.

6.5. Receipt of Goods in quantity and quality takes place at the place of transfer of Goods from the Seller (carrier) to the Buyer. Upon receipt by the Buyer of the Goods, claims to the quantity, completeness and type of Goods are not accepted.

7. PROCEDURE FOR RETURN OF GOODS AND FUNDS

The online store guarantees a refund of the funds paid by the Buyer for the purchased goods in case of purchase of goods of improper quality.

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7.1. Return of the Goods is possible only on the grounds directly established by law. Food products of proper quality, not subject to exchange (return) (according to the Resolution of the Cabinet of Ministers of Ukraine of March 19, 1994 ÿ172 (On the implementation of certain provisions of the Law of Ukraine "On Consumer Protection"). Goods of improper quality, at the option of the Buyer, may either be replaced by similar Goods of proper quality, or money paid for the Goods returned to the Buyer.

7.2. Consideration of the Buyer's requirements, incl. regarding the return / replacement of the Goods, is carried out within the shelf life of the Goods and subject to the provision by the Buyer of the original payment document for the Goods.

7.3. In case of claims / complaints from the Buyer to the quality of the Seller's Goods ordered on the Site, or other issues arising from the Buyer in obtaining Goods ordered on the Site, the Buyer may contact us by sending a written request / complaint / claim to : Ukraine, Kherson region, Holoprystan district, Dorozhna street, 1-a, and / or to the e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it. and / or by calling the phone number: 0675518536.

7.4. The Buyer has the right to refuse to receive the Goods:

- upon receipt of the Goods from the courier or at the point of issue

- when notifying the online store through the call center about the receipt of goods of improper quality.

7.5. If the Buyer refuses to receive the Goods of improper quality, he undertakes to transfer the Goods from which he refuses and the settlement document confirming its purchase on the Site:

- courier (if improper quality is established during the inspection of the Goods in the presence of the courier);

- or the Seller's representative at the Goods Return Point by filling in the relevant documents, namely: applications for the return of the Goods and the Refund Act. If the Buyer for any reason refuses to fill in the documents for the return of the Goods, the Seller has the right to refuse the Buyer to return the Goods.

7.6. Return point of improper quality is the appropriate station listed on the website of the online store, in the section "Contacts" through which, as a point of self-pickup, the Seller issued the Buyer ordered on the site of the Goods / Goods or from which the Goods were delivered by courier. specified in the settlement documents that accompanied the Goods, in which the Buyer may return the Goods / Goods of improper quality and receive a refund, in case of cash payment for the goods received, during business hours of such station, as defined in the "Contacts".

7.7. The Seller has the right to refuse the Buyer to return the Goods purchased through the online store, if the Buyer violates the requirements of current legislation of Ukraine on the specifics of returning goods or return rules specified on the website and in this Public Offer.

7.8. The Seller refunds the amount of the value of such Goods, except for the cost of delivery of the returned goods. The Buyer understands and agrees that the delivery of the Goods is a separate service, which in no way relates to the sale of the Goods and is not an integral part of the Goods purchased by the Buyer, which ends at the time of receipt by the Recipient. Claims to the quality of the purchased Goods, which arose after receipt and payment for the Goods, are considered in accordance with the Law of Ukraine "On Consumer Protection". In this regard, the purchase of the Goods with delivery does not give the Buyer the right to demand the return of the Goods by visiting the Buyer by courier and does not provide for the possibility of refunding the cost of delivery of the Goods in case of return.

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7.9. Refund of funds paid for the goods, in case of its return to the address of the station from which the goods were delivered, is carried out simultaneously with the return of the goods, after the Buyer fills in the relevant documents.

7.10. In case of non-cash payment for the Goods, the Seller refunds the Buyer to the Buyer's bank card from which the funds were debited for payment for the Goods or by transferring the amount to the VISA \ MASTERCARD card specified by the customer within the deadlines established by current legislation of Ukraine and relevant payment system.

8. RIGHTS AND OBLIGATIONS OF THE SELLER

8.1. The seller has the right to:

- at any time to make changes to this Agreement, materials and information (including about the Goods) offered in the online store;

- refuse to enter into a Public Offer Agreement if it does not have the opportunity to sell the relevant Goods to the Buyer;

- record telephone conversations with the Buyer;

- suspend the sale of Goods to the Buyer in case of breach by the Buyer of its obligations (in particular, but not limited to, non-payment for the ordered Goods) under this Agreement;

- require the Buyer to perform its obligations under this Agreement in good faith;

- without the consent of the Buyer, transfer their rights and obligations to perform the Agreement to third parties.

8.2. The seller must:

- send the Buyer a confirmation of the order or inform him of the impossibility of fulfilling the Buyer's order;

- transfer the Goods to the Buyer after payment for such Goods;

- check the quality and quantity of the Goods when they are handed over to the Buyer;

- not to disclose any private information of the Buyer and not to provide access to this information to third parties, except as provided by law of Ukraine (not considered a violation of the Seller's information to contractors and third parties acting under the Agreement with the Seller, including to fulfill obligations to the Buyer);

- prevent attempts at unauthorized access to information and / or transfer of it to persons who are not directly related to the execution of Orders; timely detect and terminate such facts;

- properly comply with the terms of this Agreement.

The seller uses cookies to ensure that the most complete information is provided so that buyers get the best experience on the website https://www.adelaida.ua.

None of these cookies store personally identifiable information and their content is not disclosed to any third party.

If the Buyer continues to use the site, it means his consent to the use (cookies) and receipt by the Buyer of all cookies, and the ability to send the Buyer the latest information about the latest offers and promotions. Buyer at any time??????? ????????????may refuse to send information and prohibit the use of cookies through the personal settings of his device, with which he uses the site https://www.adelaida.ua.

9. RIGHTS AND OBLIGATIONS OF THE BUYER

9.1. The buyer has the right to: - register in the online store;

- in case of disagreement with any item of the offer, refuse to purchase the Goods, register in the online store, and any other actions provided for in this Agreement;

- seek advice from the Seller on the properties and characteristics of the Goods; - require the Seller to perform its obligations under this Agreement in good faith; - other rights provided by the current legislation of Ukraine

9.2. The buyer must:

- before concluding the Agreement to get acquainted with the content and terms of the Agreement, rules and conditions of use of the Online Store, terms of delivery, prices for Goods / Services offered by the Seller in the Online Store;

- provide all necessary data identifying him as a buyer and necessary for registration in the online store by entering data when registering in the online store, or by communicating the necessary information to the operator of the online store, and maintain their relevance;

- timely pay for the ordered Goods (and its delivery, if necessary delivery of the Goods);

- duly formalize the acceptance of the Goods (including signing and handing over to the Seller the relevant documents for receipt of the Goods), present an identity document (person authorized to receive the Goods);

- check the quality and quantity of the Goods upon receipt from the Seller;

- not to disclose any private information of the Seller and not to provide access to this information to third parties, except as provided by the laws of Ukraine; not to transfer the login and password received during registration to third parties, and to be responsible for non-fulfillment of this obligation;

- properly comply with the terms of this Agreement.

10. RESPONSIBILITY OF THE PARTIES AND PROCEDURE FOR RESOLUTION OF DISPUTES 

10.1. The Parties shall be liable for non-performance or improper performance of their obligations under this Agreement in accordance with the current legislation of Ukraine.

10.2. By placing an order, the Buyer is responsible for the accuracy of the information provided to the Seller about himself (including, but not limited to, the information specified in paragraph 4.3. Of the Agreement), and confirms that he is familiar with the terms of this Agreement and agrees with them. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.

10.3. The Seller shall not be liable for the inability to fulfill the Buyer's order, if such impossibility arose as a result of circumstances beyond the Seller's control,??????? ??????? ??including, but not limited to, communication line failures, equipment failures, etc.

10.4. The Seller's general liability for non-performance or improper performance of the terms of this Agreement is limited to the amount of the Buyer's payment made on the basis of this Agreement.

11. FORCE MAJOR

11.1. The period of fulfillment by the Parties of their obligations under this Agreement may be suspended only in case of force majeure, namely: fire, natural disaster, armed conflict, significant change in the legislation of Ukraine, which complicates or prevents the Party from fulfilling its obligations. under this Agreement, or in other circumstances beyond the control of the Parties.

11.2. A Party that has been subject to force majeure shall notify the other Party in writing within 5 (five) calendar days.

11.3. In the event of force majeure, the Party that has undergone their actions, subject to the requirements of paragraph 11.2 of this Agreement, for the period of such circumstances shall be released from liability under this Agreement.

11.4. After the cessation of force majeure, the term of performance is resumed. The Party that has been subject to force majeure shall notify the other Party in writing of the termination of the force majeure circumstances.

11.5. If the force majeure lasts for more than 30 (thirty) calendar days in a row, the Parties have the right to terminate this Agreement and make final settlements. In this case, the losses caused by the termination of the Agreement are not reimbursed and penalties are not paid.

12. OTHER TERMS OF THE AGREEMENT

12.1. This Agreement shall enter into force upon receipt by the Buyer of the order confirmation from the Seller. The Agreement is valid until the Parties fully fulfill their obligations.

12.2. This Agreement is concluded on the territory of Ukraine and operates within the current legislation of Ukraine.

12.3. The online store contains materials, trademarks, brand names and other materials protected by law. The buyer or any other third parties may not use the materials posted on the online store (including making changes, copying, publishing, transmitting to third parties, etc.). Use of site materials without the consent of the copyright holders is not allowed. When quoting materials from the site, including protected copyrighted works, a link to the site of the Internet - shop is required.

12.4. All disputes related to non-performance or improper performance of their obligations under this Agreement, the Parties will seek to resolve during negotiations. In case of disagreement during the negotiations, disputes will be resolved in the manner prescribed by current legislation of Ukraine.

12.5. By accepting the offer to enter into the Agreement (Acceptance) (in accordance with paragraph 3.1. Of this Agreement) the Buyer accepts the Privacy Policy of the Contractor, which is posted on the Site, and agrees to collect, organize, accumulate, store, clarify (update, change) and use it personal data and personal information of al in the ways provided by the applied legislation, for the purpose of performance of obligations under the Agreement.

12.6. In cases not regulated by this Agreement, the Parties shall be governed by the current legislation of Ukraine.

12.7. Any notice required or desired under this Agreement shall be made in writing and sent by one Party to the other Party by e-mail and / or fax and / or valuable letter with notice of service.

12.8. The contract is a full agreement between the Seller and the Buyer. The Seller does not assume the fulfillment of any conditions and obligations not specified in the Agreement. Exceptions may be cases where such conditions or obligations are recorded in writing and signed on behalf of the Seller and the Buyer.

13. PERSONAL DATA

13.1. The provision of personal data when filling out the registration form on the Site, as well as their placement by the User / Buyer voluntarily on the Site during the use of the Site, is regulated in accordance with the legislation of Ukraine on personal data protection.

13.2. In order to order goods, participate in promotions, research or otherwise interact with the Administration, the User / Buyer must carefully read the rights and obligations regarding the processing of personal data, which are specified in Art. 8 of the Law of Ukraine "On Personal Data Protection", carefully read this Agreement and accept its terms.

13.3. Personal data of the User / Buyer are stored in the personal database, which is the property of the Administration of the Online Store.

13.4. By agreeing to the terms of this Agreement, the User / Buyer certifies and confirms that he is acquainted with and fully agrees with the terms of use of the Online Store Site, will abide by this Agreement, that he is aware of the rights to his personal data and that his voluntarily provided personal data is consent to their inclusion in the personal database of the Administration, processing, amendments, additions by the Administration in any manner not prohibited by current legislation of Ukraine, including, but not limited to, in order to comply with Ukrainian legislation on advertising, taxes, and in the field of accounting, marketing, promotions, preparation of statistical information.

13.5. Personal data of the User / Buyer are stored in the personal data base of the Administration, until their revocation at the written request of the User / Buyer. In case of withdrawal of consent to the processing of personal data, the Administration has the right to restrict the User / Buyer in the use of certain resources, servers and capabilities of the Online Store.

13.6. Dissemination of information provided by the User / Buyer is carried out in accordance with the current legislation of Ukraine at the request of the court, law enforcement agencies, as well as in other cases provided by the legislation of Ukraine.

13.7. The Buyer confirms his consent to the processing, making changes, additions to his personal data without his written notice to the Administration.

13.8. The location of the personal database containing personal data of the User / Buyer is the location of the Administration.

 

13.9. The Administration has the right to process the personal data of the User / Buyer both independently and by entrusting the processing of personal data to third parties on the basis of a written agreement, subject to confidentiality.

14. TERMINATION OF THE AGREEMENT

14.1 The Agreement may be terminated by either Party in cases provided by the current legislation of Ukraine or by mutual agreement of the Parties.

14.2. Termination of the Agreement by the Buyer or revocation of the Acceptance of the Offer does not impose on the Seller the obligation to return the funds actually spent on the execution of the relevant order of the Buyer.