Offerta

GENERAL PROVISIONS.

The online store https://mamma.com.ua/ (hereinafter – the Seller) publishes this contract, which is a public contract-offer (hereinafter the Contract) and has the appropriate legal force, on the sale of goods presented on the official website of the Seller to the address of both individuals and legal entities (hereinafter the Buyer).

In accordance with Articles 633, 641, 642 of the Civil Code of Ukraine (hereinafter referred to as the Civil Code of Ukraine) and the Rules for the sale of goods to order and outside retail or office premises, approved by the order of the Ministry of Economy of Ukraine dated 04.19.2007 No. 103, this document is an offer, and the fact of execution by the Buyer order, in oral (by phone or in a store, office) or in writing (via the website or e-mail) form and receipt of this order by the Seller – is full and unconditional acceptance of this public contract and the information presented on the website.

The use of services and the purchase of goods and services by the online store https://mamma.com.ua/ implies the consent of the person who uses the services or buys the goods with the rules, prices, terms, restrictions and other conditions of cooperation set forth in this document.

By accepting this contract, the Buyer confirms that:

A) he turned 18 years old at the time of purchasing the goods;
B) the information provided when ordering goods or services is correct and up-to-date;
C) the provided contact information can be used for the purpose of informing about changes in work, promotional offers or other information related to the activities of the seller.

Based on the above, please read this contract (public offer) carefully and if you do not agree with any of the clauses of the offer, please leave the site.

If the Buyer does not agree with the terms of the Agreement, he does not have the right to enter into this Agreement, and also does not have the right to use services and purchase goods under this Agreement.

In this Agreement, unless the content requires otherwise, the following terms should be interpreted as follows:

“Offer” is a public offer of the Seller, addressed to any natural or legal person, with the aim of concluding a sales contract on the existing conditions specified in the Contract.

“Product” is a list of names of the assortment presented on the official website of the Seller, but is not limited to the website.

“Seller” is a company that sells the Goods presented in the online store, but is not limited to the site.

“Buyer” is a natural or legal person who has entered into contractual relations with the Seller on the terms specified in the Agreement.

“Acceptance” means full and unconditional acceptance by the Buyer of the terms of the Agreement, without signing the Agreement in writing.

“Order” – individual items from the assortment list of Goods, specified by the Buyer when placing an application on the Seller’s website or ordered in any other way.

“Courier delivery” is the direct transfer of goods from the seller to the buyer by an independent contractor who provides services to the seller in accordance with a separate contract. The seller does not deliver the goods himself.

“Internet store” – the seller’s website https://mamma.com.ua/

“Place of sale of the Goods” is the Seller’s public catering establishment (restaurant).

SUBJECT OF THE AGREEMENT.

2.1. The Seller sells the Goods to the Buyer in accordance with the prices valid at the time of placing the order, and the Buyer pays for and accepts the Goods in accordance with the terms of this Agreement.

2.2. This contract is an official document of the Seller and is an integral part of the offer.

2.3. The goods are sold on the Seller’s website https://mamma.com.ua/ or in the Seller’s office.

MOMENT OF CONTRACT CONCLUSION.

3.1. The text of the contract is a public offer (in accordance with Articles 633, 643 of the Civil Code of Ukraine and the Rules for the sale of goods to order outside retail or office premises, approved by the order of the Ministry of Economy of Ukraine dated 04/19/2007 No. 103).

3.2. The fact of placing an order with the Seller, both independently and with the help of an operator, is an unconditional acceptance of the terms of this Agreement, and the Buyer further acts as a person who has acquired contractual relations. The buyer undertakes to familiarize himself with the terms of the contract, 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 the form of payment.

3.4. At the written request of the Buyer, the Seller draws up a contract with the signatures of the parties.

3.5. The buyer contacts the seller independently and at his own will, which means that the buyer has read this contract and agrees with it.

PRICE OF GOODS.

4.1. The prices in the online store are indicated in the national currency of Ukraine (hryvnia) per product unit according to the existing price list.

4.2. The seller reserves the right to change the price of the product before the order is placed without warning the buyer.

4.3. The price specified by the manager when placing the order is final.

4.4. The prices indicated on the website https://mamma.com.ua/ are informative.

PAYMENT FOR GOODS.

5.1. Payment for goods and services of the online store https://mamma.com.ua/ is made in the national currency of Ukraine in accordance with the prices and tariffs established at the time of purchase of goods or receipt of services.

5.3. In case of non-payment, incomplete or untimely payment, the online store https://mamma.com.ua/ reserves the right not to provide the goods, to suspend or completely fail to fulfill the obligations assumed, and at the same time is not responsible for the possible consequences of such a decision / Action

5.4. In the case of non-cash payment, the Buyer’s obligation to pay the price of the goods is considered fulfilled from the moment the relevant funds are credited to the Seller’s current account.

5.5. In the case of non-cash payment, the Buyer is obliged to present to the manager or courier a document confirming the fact of payment for the Goods (payment order, payment receipt, etc.).

5.6. Prices for any item of the Product may be changed unilaterally by the Seller. In the case of a change in the price of the order of the item of the Product before the payment of the Order, the Seller is obliged to notify the Buyer of such changes as soon as possible. The buyer has the right to confirm or cancel the order. If there is no communication with the Buyer, the Order is considered canceled within 24 hours from the moment the price of the product changes.

DELIVERY OF GOODS.

6.1. The buyer has the right to receive the goods he ordered by means of independent removal (self-delivery) from the public catering establishment (restaurant) of the Seller, or to use the services of courier delivery by means of a taxi service. The Seller does not deliver the ordered Goods to the Buyer on his own.

6.2. Self-pickup is carried out by the Buyer from the public catering establishment (restaurant) of the Seller, which will be specified in the order.

6.3. Courier delivery of the order to the Buyer is carried out upon agreement with the Buyer and to the address specified by him at taxi service rates.

6.4. Delivery of the ordered goods is carried out within the city of Dnipro, unless otherwise provided by prior agreement between the parties.

SALE OF GOODS AND SERVICES.

7.1. Online store https://mamma.com.ua/ “> https://mamma.com.ua/ “> https://mamma.com.ua/ “> https://mamma.com.ua/ ” > https://mamma.com.ua/ “> https://mamma.com.ua/ “> https://mamma.com.ua/ “> https://mamma.com.ua/ “> https ://mamma.com.ua/ “> https://mamma.com.ua/ “> https://mamma.com.ua/ “> https://mamma.com.ua/ “> https:/ /mamma.com.ua/ “> https://mamma.com.ua/ “> https://mamma.com.ua/ “> https://mamma.com.ua/ “> https://mamma .com.ua/ does not guarantee order fulfillment. All services and goods are provided on an “as is” basis. The technical systems involved (web page and site https://mamma.com.ua/) may include undetected technical errors, the consequence of which is the impossibility of fulfilling an order, purchasing a product, or its late fulfillment. In addition, circumstances caused by the human factor or force majeure may lead to the impossibility of fulfilling the order or its late fulfillment.

7.2. In the event of impossibility or untimely fulfillment of the obligations assumed under the circumstances set forth in clause 7.1 (with the exception of “force majeure”), the online store https://mamma.com.ua/ is liable within the limits of the amounts received from customers as payment for goods or services.

7.3. The online store https://mamma.com.ua/ does not bear and under no circumstances can bear any material responsibility that goes beyond the sums received from the client as payment for goods and services.

7.4. The online store https://mamma.com.ua/ reserves the right to refuse the provision of services or the sale of goods to the Buyer if he does not have the opportunity to provide the relevant goods and/or services.

7.5. Funds paid by the Buyer are not returned in the following cases:

A) refusal of the client from the received service or product after payment and receipt from the courier;
B) by court decision;
C) if this product is of proper quality.

7.6. The place of sale of the Goods is a public catering establishment (restaurant) of the Seller.

LIABILITY TO THIRD PARTIES.

8.2. The online store https://mamma.com.ua/ bears no responsibility in the event of the occurrence of any circumstances that did not arise due to the fault of the online store, namely, the occurrence of circumstances that occurred due to the fault or carelessness of the Buyer and / or the occurrence of circumstances arising from the fault or negligence of any third party (any third parties) and/or the occurrence of force majeure circumstances.

RETURN OF GOODS.

9.1. Claims regarding the quality or shortage of products are accepted at the time of delivery of the order in the presence of the courier. Claims regarding the quality or lack of quality of products when issuing an order at the point of issue are accepted in the presence of the Administrator. In other cases, claims are considered individually.

9.2. According to clause 8 of Article 8 of the Law of Ukraine “On the Protection of Consumer Rights”, if a consumer purchases an unsuitable food product, the seller is obliged to replace it with a food product that is suitable for consumption, or to return to the consumer the funds paid by him.

9.3. Funds in the form of non-cash settlement are returned to the card specified by the consumer within 3 days or as agreed by the parties, but no later than 7 days after the moment of payment for the goods.

9.4. Goods of proper quality cannot be returned or exchanged. Goods of inadequate quality are accepted for return and exchange in accordance with rule No. 219, clause 3.7, as well as in accordance with the Law of Ukraine “On the Protection of Consumer Rights”.

RIGHTS AND OBLIGATIONS OF THE PARTIES.

10.1. The seller undertakes:

10.1.1. Not to disclose any private information of the Buyer and not to provide access to this information to third parties, except for cases provided for by the current legislation of Ukraine.

10.1.2. Provide the Buyer with the opportunity to receive telephone consultations at the telephone numbers indicated on the website ( https://mamma.com.ua/ ). The scope of consultations is limited to specific issues related to order fulfillment.

10.1.3. The seller reserves the right not to fulfill the order in case of force majeure.

10.1.4. The seller reserves the right to change this Agreement unilaterally before the moment of its conclusion.

10.2. The seller is not responsible for improper use by the buyer of goods ordered in the online store.

10.3. The seller has the right to transfer his rights and obligations regarding the fulfillment of Orders to third parties.

10.4 The buyer undertakes:

10.4.1. Before contacting the online store https://mamma.com.ua/, familiarize yourself with the content of the Offer Agreement, payment and delivery conditions on the store’s website.

10.5. Ownership of the order, as well as the risk of its accidental damage or loss, passes to the Buyer from the moment of delivery of the goods.

FORCE MAJEURE CIRCUMSTANCES.

11.1. The parties are released from responsibility for non-fulfillment or improper fulfillment of obligations under the terms of the contract during force majeure. Force majeure means extraordinary and irresistible circumstances under these conditions that prevent the parties from fulfilling their obligations under this Agreement. These include natural phenomena (earthquakes, floods, etc.), circumstances of social life (military operations, emergency situations, major strikes, epidemics, etc.), which prohibit the actions of state bodies (transport bans, currency restrictions, international sanctions, trade bans, etc.) . During this time, the parties have no mutual claims and each of the parties assumes the risk of force majeure.

12.1. All text information and graphic images posted on the website of the online store ( https://mamma.com.ua/ ) are the property of the seller and/or its suppliers and manufacturers of the Goods.

Information and its use

12.1. The buyer is obliged to provide accurate and truthful information in the amount necessary for the provision of services and/or the purchase of goods that he receives or buys. Information provided by the Buyer may be published in open sources.

12.2. The online store https://mamma.com.ua/ has the right, at its own discretion, to demand from the Buyer documentary confirmation of the authenticity of the information provided.

12.3. Providing inaccurate information or not providing such information at the request of the online store https://mamma.com.ua/ “> https://mamma.com.ua/ “> https://mamma.com.ua/ “> https: //mamma.com.ua/ “> https://mamma.com.ua/ “> https://mamma.com.ua/ “> https://mamma.com.ua/ “> https:// mamma.com.ua/ “> https://mamma.com.ua/ “> https://mamma.com.ua/ “> https://mamma.com.ua/ “> https://mamma. com.ua/ “> https://mamma.com.ua/ “> https://mamma.com.ua/ “> https://mamma.com.ua/ “> https://mamma.com. ua/ “> https://mamma.com.ua/ may be a reason to suspend the provision of services or the sale of goods. At the same time, the online store https://mamma.com.ua/ is not responsible for any damages caused by the Buyer in case of suspension/failure to perform services or sale of goods in case of non-fulfillment of clause 12.1.

12.4. The Seller collects and processes personal data of Buyers (namely: last name, first name, patronymic of the Buyer, delivery address; contact numbers) for the purpose of:

– fulfillment of the terms of this Agreement;

– Delivery of products ordered by the Buyer to the Buyer.

12.5. By placing an Order for Goods through the online store https://mamma.com.ua/, the Buyer consents to the collection and processing of the information provided to them.

12.6. Only persons directly involved in the execution of the Order have access to the Buyer’s personal data.

12.7. The Seller undertakes to: observe confidentiality regarding the personal data of the Buyers; prevent unauthorized use of Buyers’ personal data by third parties; to exclude access to personal data of Buyers, persons who are not directly related to the execution of the Application, except for cases provided for by the current legislation of Ukraine.