PUBLIC CONTRACT (TENDER)

to order, purchase and sale and delivery of goods

PUBLIC CONTRACT (TENDER)to order, purchase and sale and delivery of goods
This contract is an official and public offer of the Seller to enter into a purchase contract
sale of the Goods presented on the Fathers-wine website
This contract is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and conditions of placing an order, paying for the goods, delivering the goods, returning the goods, responsibility for an unscrupulous order and all other terms of the contract.
The contract is considered to be concluded from the moment the "Checkout" button is pressed and the Buyer receives an order confirmation from the Seller in electronic form.


1. Definition of terms
1.1. Public offer (hereinafter - the "Offer") - a public offer of the Seller, addressed to an unspecified circle of persons, to conclude a contract for the sale of goods remotely with the Seller (hereinafter - the "Agreement") on the terms contained in this Offer.
1.2. The product is the object of the agreement of the parties, which was selected by the buyer on the website of the online store and placed in the basket, or already purchased by the buyer from the seller remotely.
1.3. Online store - the Seller's website at the address Fathers-wine.com.ua is created for the conclusion of retail sales contracts based on the Buyer's familiarization with the description of the Goods proposed by the Seller using the Internet.
1.4. The buyer is a legally competent natural person who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the Internet store website for purposes not related to the implementation of entrepreneurial activities, or a legal entity or an individual entrepreneur .
1.5. The seller is "Tatove vyno VB" farm, trading location: 48201 Ternopil region, Husyatinsky district, village Husyatyn, B. Lepkogo str., 41 a.
1.6. Order - the selection of individual items from the list of goods specified by the Buyer when placing the order and making payment.


2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of complete and unquestionable acceptance by the Buyer of the terms of the Contract shall be considered the date when the Buyer fills out the order form located on the website of the online store, provided that the Buyer receives an electronic confirmation of the order from the Seller.


3. Placement of the Order
3.1. The buyer independently places an order in the online store through the "Order" form, or by placing an order by e-mail or at the phone number indicated in the contact section of the online store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer in the event that the information provided by the Buyer at the time of placing the order is incomplete or raises suspicions about their validity.
3.3. When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. last name, first name of the Buyer, email;
3.3.2. the address to which the Goods should be delivered (if delivery to the Buyer's address);
3.3.3. contact phone
3.4. The name, quantity, and price of the Product selected by the Buyer are indicated in the Buyer's basket on the Internet store website.
3.5. If any of the Parties to the contract needs additional information, it has the right to request it from the other Party. If the Buyer does not provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller's operator (clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 - 3.4. of this Offer.
3.7. The Buyer's acceptance of the terms of this Offer is carried out by entering the relevant data into the registration form on the website of the online store or when placing the Order through the operator. After placing the Order through the Operator, the Buyer's data is entered into the Seller's database.
3.8. The buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By concluding the Agreement, i.e. accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing the Order, the Buyer confirms the following:
a) The buyer is fully and completely acquainted with and agrees with the terms of this offer (offer);
b) he gives permission for the collection, processing and transfer of personal data, the permission for the processing of personal data is valid throughout the term of the Agreement, as well as after its expiration no more than is necessary in accordance with their legal purpose, unless otherwise provided by law. In addition, by concluding the contract, the Buyer confirms that he has been notified (without additional notification) of the rights established by the Law of Ukraine "On Protection
Article of personal data", about the purposes of data collection, as well as about the fact that his personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. The buyer also agrees that, that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notices from the Buyer for the purpose of fulfilling the Buyer's order. .
3.10. Personal data is deleted or destroyed in accordance with the procedure established in accordance with the requirements of the law.
3.11. Personal data shall be deleted or destroyed in case of:
1) expiration of the data storage period determined by the consent of the subject of personal data to the processing of this data or by law;
2) termination of the legal relationship between the subject of personal data and the owner or manager, unless otherwise provided by law;
3) issuance of the relevant order of the Commissioner or officials of the Secretariat of the Commissioner designated by him;
4) entry into legal force of a court decision on the removal or destruction of personal data.


4. Price and Delivery of the Goods
4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the website of the online store. All prices for goods and services are indicated on the website in hryvnias, including VAT.
4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of the Product, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.
4.3. Orders in the amount of _____________ hryvnias and more in the city of _________ are delivered free of charge.
4.4. Orders for less than _______ hryvnias are delivered for a separate fee, which is __________ within the city of ___________.
4.5. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller on his account.
4.6. The Seller, after receiving the Buyer's payment, sends an electronic check to his e-mail address, the original check is provided to the Buyer together with the Goods.
4.7. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the website of the online store in the "Delivery and payment" section.
4.8. When receiving the goods, the Buyer must check the conformity of the Goods with the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date) in the presence of the representative of the delivery service (carrier).
4.9. The buyer or his representative, during the acceptance of the goods, confirms with his signature on the goods receipt / or in the order / or in the transport invoice for the delivery of the goods that he has no complaints about the quantity of the goods, appearance and completeness of the goods.
4.10. The right of ownership and the risk of accidental loss or damage to the Goods shall be transferred to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer in the city of delivery of the Goods upon independent delivery of the Goods by the Seller, or during the handover by the Seller of the goods to the delivery service (carrier) chosen by the Buyer.


5. Rights and obligations of the Parties

5.1. The seller is obliged to:
5.1.1. Deliver the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except for cases provided by law and during the execution of the Buyer's Order.
5.2. The seller has the right to:
5.2.1 Change the terms of this Agreement, as well as the prices of Goods and services, unilaterally, by placing them on the website of the Internet store. All changes take effect from the moment of their publication.
5.3 The buyer undertakes:
5.3.1 Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the online store.
5.3.2 In order for the Seller to fulfill his obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.


6. Return of the Goods


6.1. Food products available on the Website for Ordering are not subject to exchange or return in accordance with the Resolution of the CMU N172 dated 19.03.1994 "On the Implementation of Certain Provisions of the Law of Ukraine "On the Protection of Consumer Rights" as amended and supplemented.
6.2. When receiving the Order, the Buyer inspects the assortment for compliance, completeness and quality, and the presence of defects on the packaging. In case of non-conformity, the Buyer may refuse the Goods.
6.3. The procedure for exchange and return, in the event that the Buyer discovers the Goods of inadequate quality, is regulated by Article 8 of the Law of Ukraine "On the Protection of Consumer Rights".


7. Liability

7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper use or storage of the Goods purchased from the Seller.
7.2. The seller does not carry veresponsibility for improper, untimely fulfillment of Orders and obligations in the event that the Buyer provides inaccurate or erroneous information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer is released from responsibility for full or partial non-fulfillment of their obligations, if the non-fulfillment is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Seller and/or The buyer after concluding this contract. A Party that cannot fulfill its obligations shall immediately notify the other Party thereof.


8. Confidentiality and protection of personal data.
8.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as taking other actions provided for by the Law of Ukraine "On the Protection of Personal Data ", without limiting the validity period of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of a contract with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
8.3. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or non-fulfilment of its obligations due to the irrelevance of information about the Buyer or its inconsistency.


9. Other conditions
9.1. This contract is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally, provided for in clause 5.2.1. Agreement. In addition, changes to the Agreement can also be made by mutual consent of the Parties in the manner provided by the current legislation of Ukraine.


SELLER'S ADDRESS
Legal address: 48201 Ukraine, Ternopil Region,
town Gusyatyn str. B. Lepkogo, 41, building A, office 2
Address for correspondence: 48201 Ukraine, Ternopil region.
town Gusyatyn str. B. Lepkogo, 41, building A, office 2
EDRPOU code 3195201943FOP Buyachok Oksana Vololodymyrivnahttps://fathers-wine.com.ua/