PUBLIC OFFER AGREEMENT

Dear User! In case of your disagreement with the terms of this public offer, you must IMMEDIATELY LEAVE this site https://specialtycoffee.com.ua
Making an order on the website https://specialtycoffee.com.ua means that you fully agree with all the terms and conditions of this public offer and is equivalent to signing a contract by both parties.
1. GENERAL PROVISIONS
Basic concepts:
1.1. "Website" - a web page available on the Internet at the specified address https://specialtycoffee.com.ua/.
1.1.2. "User" (you) – an individual who has reached the age of 18, has full legal capacity, uses this site and/or its particular tools, has agreed to the terms of the Public Offer, and fulfilled all its conditions described below.
1.1.3. "Buyer" - a user who has made a purchase on the site https://specialtycoffee.com.ua/, having placed an order on the site.
1.1.4. "Seller" – an individual entrepreneur Penora Yuriy Yuriyovych, who acts on the basis of his own will, identification number - 3220320053, registered in EDRPOU - 02.06.2020, record number - 23190000000013704, which places the information about the goods sold by him on the Site.
1.1.5. "Product" - goods, services, other tangible and intangible objects, the information about which is posted on the Site.
1.1.6. "Proposal" – the data about the Product posted by the Seller on the Site, which includes the information about the Product, its price, methods of payment and delivery, information about discounts and promotional offers for the Goods, as well as other conditions of purchasing the Product. The terms of the Proposals posted on the Site are set by the Seller. The offer is the information about possible conditions of purchasing the Product.
1.1.7. "Order" - the User's application to the Seller through the Site with a request to sell the Product(s) specified in the User's order.
1.1.8. "Payer" - a person who pays for the Buyer's order.
1.1.9. "Recipient" - a person specified by the Payer in the order form as the person authorized by the Payer to receive the Product. Unless the other point is specified in the Order form, the Recipient is the Payer.
1.1.10. Parties - Seller, Buyer, User.
1.2. This Agreement regulates the procedure for the User's access to the information posted on the Site, the procedure for using the Site, as well as the procedure for Ordering Products in the online store on the Site.
1.3. By using the materials and tools of the Site, the User is considered to unconditionally and undoubtedly accept this Agreement. The User is obliged to fully read the terms of this Agreement before placing an Order on the Site. Placing an Order on the Site means full and unconditional acceptance of this Agreement (in accordance with Articles 641, 642 of the Civil Code of Ukraine).
1.4. The site is a platform for placing offers for the sale of Products by the Seller.
1.5. Information about the Product is displayed on the Site and is dynamic. The information may be updated, changed and supplemented by the Seller at any time without prior notice to the User. Any information about the Seller's Products, the terms of the promotion, the price of the Products, and any other rules of the Seller's services are displayed on the Site.
1.6. The Seller has the right to unilaterally change the terms of this Agreement at any time. The changes take effect from the moment a new version of the Agreement is posted on the Site.
1.7. The proposal on the Site is not an offer. The user after reading the proposal posted on the site 1.7. has the right to make an offer to the Seller by filling out the Order form on the Site. Completion of the Order form is considered as an offer of the User to the Seller for purchasing the Product by the User under the conditions specified in the relevant Proposal.
1.8. The Offer is considered to be accepted by the Seller if the Seller has performed actions that indicate acceptance of the User's offer, namely: started providing services according to the terms of the User's offer, providing an invoice for payment of the ordered Products.
1.9. The Seller has the right to offer to sell the Products on other terms after receiving the offer of the User. In this case, this offer is considered a counter-offer and must be accepted by the User. Acceptance of the counter-offer is considered to be the actual receipt by the User and/or the Recipient of the Product under the conditions stipulated in the counter-offer. The Seller has the right to withdraw the counter-offer until the Buyer receives the Products.
1.10. The Parties agree that sending any notifications by the Seller about the availability of the Product, acceptance of the order, delivery terms of the Product, its price, terms and forms of payment, status, changes in the status of the order, etc., by e-mail, SMS (including via Viber / Telegram / Whatsapp, etc.), by telephony, is solely the notice to the Buyer of receiving the offer by the Seller and can not indicate its acceptance by the Seller.
2. PRODUCT AND PROCEDURE OF PURCHASING
2.1. The photos of the Product on the Site are simple illustrations to it and may differ from the actual appearance of the Product. Accompanying Product descriptions/specifications do not claim to be exhaustive and may not contain a complete description. To clarify the information about the Product, the Buyer must contact the Seller for assistance.
2.2. In case of the absence of the Product ordered by the Buyer from the Seller, the latter has the right to exclude the specified Product from the Order and / or cancel the Buyer's Order by notifying the Buyer via sending an e-mail to the address specified by the Buyer.
2.3. In case of cancellation of the whole or the part of the prepaid Order, the cost of the canceled Product shall be returned by the Seller to the Buyer in the way the Product was paid for, within 14 days from the date of the Order cancellation.
3. DELIVERY OF THE ORDER
3.1. Delivery of the Product within the territory of Ukraine is carried out with the help of the transport company "Nova Poshta". By default, the delivery is made to the delivery point of the transport company in the settlement of the User. At the request of the Buyer, the address delivery of the Product may be arranged. In case of impossibility to deliver the Product by the transport company "Nova Poshta", the Seller, in agreement with the User, may deliver the Product by any other transport company operating in Ukraine.
3.2. Delivery of the Product purchased by the Buyer is carried out at the expense of the Buyer. The cost of the delivery by the transport company is calculated according to the tariffs of the transport company and depends on the weight and dimensions of the Product, the region and the method of delivery. The Seller does not affect the cost of delivery of the Product by the transport company.
3.3. The territory of the Product delivery presented on the Site is limited by the borders of Ukraine. The seller does not deliver to the occupied territories of Ukraine (ARC, Luhansk and Donetsk regions), as well as other settlements that are not provided with branches by the carrier company.
3.4. In the absence of circumstances beyond the control of the Seller, delivery of the Product to the Buyer is carried out within 5 (five) working days from the date of the Order confirmation by both parties. Delivery delays are possible due to unforeseen circumstances that occurred through no fault of the Seller.
3.5. Upon receipt of the Order in the branch of the transport company, the Recipient is obliged to inspect the delivered Product and check it for compliance with the declared quantity, range and completeness of the Product, as well as check the integrity of the package. In case of deviations/shortcomings, the Recipient is obliged to make a claim to the delivery service on the spot and not to pick up the Product from the branch of the transport company.
3.6. The moment of receiving the Product by the Recipient is the signing of a document by the Recipient confirming the acceptance of the Product ordered by the User (acceptance certificate, declaration of shipment, etc.) or the actual receipt by the Recipient of the Product and his actions indicating the acceptance of the Product. The receipt of the Product by the Recipient indicates that no Product claims have been made by the Recipient and the Seller has fully and properly fulfilled his obligations to transfer the Product.
4. PAYMENT FOR PRODUCT.
4.1. Price of the Product on the website is indicated in Hryvnia.
4.2. In the case, when the incorrect price is indicated on the Website of the Seller on the Product, ordered by the Buyer, Seller informs the Buyer for confirming the Order with the corrected price or cancelling the Order.
4.3. The price of Product can be changed on the Website by the Seller at any moment unilaterally. At the same time, the price on the already finalized and confirmed Order is not subjected to changes.
4.4. The following ways of payment for the Product are available to the Buyer:
4.4.1. Monetary cash funds during the delivery of the post order companies afterpay during the receipt of the Product in the brunch of the transporting company or from the courier of the transporting company.
4.4.2. Cashless monetary funds on the account of the Seller on the base of provided bill. The bill is valid for paying within 3 working days from the date of the bill being provided.
4.4.3. Cashless monetary funds through the payment tool LIQPAY located on the Website.
4.5. During the payment of the Product by afterpay (delivery/consignment note), transporting company takes additional cost for transfer (return) of the monetary funds to the Seller. These costs are the payment for the services of the transporting company on the collection and transfer of the monetary funds to the Seller. The cost of this service is calculated in accordance with the rates of the transporting company. Seller does not affect the amount of this cost.
4.6. Seller has the right to provide discounts for the Product and to assign bonus programs. Types of discounts, bonuses, the order and conditions for providing them are set by the Seller independently and are indicated on the Website. Their amount and terms of provision can be changed by the Seller at any moment unilaterally.
4.7. In some cases Seller can ask the Buyer to make a partial or full prepayment for the Product. The amount of the prepayment is determined by the Seller unilaterally. If the Buyer does not agree to make a prepayment, Seller has the right to cancel the Order.
5. THE RETURN OF THE PRODUCT AND MONETARY FUNDS
5.1. Buyer has the right to return the Product to the Seller in accordance with the Law of Ukraine regarding the Protection of Consumer Rights.
5.2. In the case, when the Product was received by the Recipient (in accordance with statement 3.6. of this offer) and after that the defects were noticed, one must inform the Seller regarding this via telephone. Such Product can be returned to the Seller.
5.3. The price of the Product delivery during the return or exchange is decided in accordance to the terms stated in the statement 3.2. of this offer.
5.4. In the case when the defects of the Product have been discovered during the receipt of the Product by the Recipient, the Recipient has to refuse to receive the Product on the spot. In this case the Product will be returned to the Seller. During the refusal of the Product receipt, the Recipient does not pay for the delivery of the Product.
5.5. In the case of the Product return, the refund to the Buyer is carried out within 14 days from the moment of the Product receipt by the Buyer.
5.6. The refund of monetary costs to the Buyer is done by the method that was used to purchase the Product by the Buyer.
5.7. Seller bears no responsibility for the defects of the Product, if they appeared after the receipt by the Buyer due to the Buyer breaching the rules of use or storage of the Product, acts of third parties of excessive force.
6. RESPONSIBILITY OF THE PARTIES
6.1. User gives their consent for using and processing personal data in accordance with the Law of Ukraine "Regarding Protection of Personal Data" № 2297-VI from 2010 and other acting legislature of Ukraine.
6.2. By accepting the terms of this Public Offer, the User confirms that they acknowledge and agree with the terms and that they are 18 years old.
6.3. Responsibility for funds transfers that are carried out by the Buyers is fully on the banks and payment systems, whose services are chosen by the User.
6.4. Seller has no responsibility for the efficiency of the equipment, that the Website is located on, accessibility of the Website, the work of the data transfer channels and other technical ways for accessing the Website for the Users.
6.5. Seller has no responsibility for the actions of the Transporting company, including the dates of delivery by the transporting company and also for the safety of the cargo.
6.6. Responsibility of the Buyer after changing the terms of sale of Product is limited by the right of the Recipient (Buyer, User, Payer) to refuse the purchase of the Product and to receive the refunds (If the funds have been paid).
6.7. User bears the responsibility for the truthfulness of the data, indicated during forming of the Order. If incorrect, inaccurate or/and wrong information in the Order led to the additional expenses of the Seller, connected with the delivery of the Product to the wrong address or receipt of the Product by the wrong Recipient, all the connected expenses and losses are the responsibility of the Recipient. Seller has the right to receive the sum of such expenses and losses, paid by the Payer as payment for the Product. User is obliged to provide all the needed information for creating an electronic agreement.
6.8. Seller does not bear responsibility for the losses, dealt by the Buyer during inappropriate use of the Product, purchased from the Seller.
7. OTHER CONDITIONS
7.1. User has the right to assign a third party of the recipient of the Product. In this case the Recipient has to specify the information in the Order form, needed for identifying the Recipient and for the delivery of the Product to them, and also to draw the Buyers attention to it in the comments for the order.
7.2. All possible debates and disputes that arise between Parties within this Agreement are regulated by negotiations between Parties. In the case of inability to regulate them by negotiations, they are to be decided by the acting legislature of Ukraine solely by the place of registration of the Seller. If the Recognizing one of the statements of this Agreement invalid by the court does not cancel this Agreement in another part and does not lift the commitments from the User of the Website, accepted during the forming of the Order.
7.3. By indicating the mobile phone number and also the email address during the forming of the Order, the User automatically agrees to receive SMS-messages, Viber-messages and email-messages from the Website/Seller, including the sale ones. When intention to stop such messaging appears, the User has to connect with the Seller.
7.4. By creating an Order on the Website, the User willfully gives their content to the Seller for gathering and processing (accumulation, saving, adaptation, renewal, usage, distribution, deletion) of their data, namely: surname, name, patronymic, email, phone number, address) with the aim of providing relations in the sales area, sphere of consumer rights, advertising and marketing research, and also gives their content for transferring (distribution) of their data to the transporters, forwarding and courier organizations.
7.5. Seller has the right to use "Cookies" technology. "Cookies" do not contain confidential information and are not distributed to third parties.
7.6. The Seller is obliged to prevent unsanctioned attempts to access the information received during forming the orders and/or distribution of the data to the third parties, that are not directly related to carrying out Orders, in accordance to the Law of Ukraine "Regarding information" from 02.10.1992 № 2657.
7.7. Seller is not responsible for usage of Product by third parties that bought the Product on the Website.
8. TERMS OF PUBLIC OFFER
8.1. This Agreement is valid from the moment of it being published on the Website and is termless.
9. OTHER CONDITIONS
9.1. All debates and disputes are decided by negotiations. If the dispute cannot be decided by negotiations, it is forwarded to court in accordance with acting legislature of Ukraine.