Terms of purchase and confidentiality
Terms of purchase and confidentiality
Agreement with the user
This document "Agreement with the User" is a proposal of FOP Saratovsky Valery Vladimirovich (hereinafter - "Administration"), to enter into an agreement on the terms of the Agreement set out below.
1. General provisions of the Agreement
1.1. In this document and the relations of the Parties arising from or related to it, the following terms and definitions are used:
a) Website - the website of the online store valeocoffee.shop, including all web pages.
b) User (Recipient) - an individual who has reached 18 years of age, has full civil capacity and legal capacity, who is a registered user of the site or has placed an order on the site.
c) The Service is a service section located at valeocoffee.shop on the Internet, which provides Users with ample opportunities to quickly and easily search, order and deliver Products in real time via the Internet.
d) Seller - a legal entity or a natural person-entrepreneur who places information on the Site about the goods / services sold by him. The seller can be either the Administration or any person to whom the Site Administration has given permission to post information about the goods / services of such a person. The name of the Seller is indicated in the documents for the transfer of the Goods to the Recipient (acceptance-transfer act or other documents confirming the fact of transfer of the Goods to the Recipient).
e) Offer - information posted on the Site about a specific Product that can be purchased by the consumer. The offer includes: information about the product itself, information about its price, methods of payment and delivery, as well as other conditions of purchase of the Product by the consumer. The terms of the Offer are determined by the Seller. The offer is not an offer, but only information about possible conditions of purchase of the Goods.
f) Goods - goods, services, works, property rights, other tangible and intangible objects, information about which is posted on the Site.
g) Order - properly designed and posted on the site valeocoffee.shop. User's order to purchase the Seller's Products.
h) Agreement - this agreement with all additions and changes.
1.2. By using each of the above opportunities to use the Service, you confirm that:
1.2.1. Familiarize yourself with the terms of this Agreement in full before using the Service.
1.2.2. You accept all the terms of this Agreement in full without any exceptions and limitations on your part and undertake to comply with them or terminate the use of the Service. If you do not agree with the terms of this Agreement or do not have the right to enter into an agreement under them, you must immediately terminate any use of the Service.
1.2.3. The Agreement (including any part thereof) may be amended by the Administration without any special notice. The new version of the Agreement shall enter into force from the moment of its posting on the Administration Site or notifying the User in another convenient form, unless otherwise provided by the new version of the Agreement.
1.2.4. The offer on the Site is not an offer. However, after reading the Offer, the User has the right to make an offer to the Seller (Sellers) by filling out the Order form. Completion of the Order form is considered an offer of the User to the Seller (Sellers) for the purchase by the User of the relevant Goods under the conditions specified in the Offer.
1.2.5. The offer is considered accepted by the Seller if the latter has performed actions that indicate acceptance of the User's offer, namely: actually shipped the goods, began to provide services or perform work in accordance with the conditions provided by the User
1.2.6. Upon receipt of the User's offer, the Seller has the right to offer to purchase the Goods on terms other than those provided by the User's offer. In this case, such an 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 (Recipient) of the Goods on the terms stipulated by the counter-offer. The Seller has the right to withdraw such counter-offer until the moment of delivery of the goods to the Buyer.
1.2.7. Sufficient proof of acceptance of the offer by the Seller or counter-offer (ie agreement by the Parties of all essential conditions of sale of the Goods) is the actual receipt and acceptance of the Goods by the Recipient.
1.2.8. The only means of compensation provided to the User in case of non-compliance with the actual conditions of sale of the offer is to give the User (Recipient) the right to refuse to receive food and accept the goods and demand a refund of the cost paid for delivery. the amounts were actually paid by the Payer). The Recipient has the right to exercise this right until the moment of signing the documents confirming the receipt of the Goods (including the carrier's documents on delivery of the shipment with the Goods to the Recipient).
1.2.9. The moment of receipt and acceptance of the Goods by the Recipient is the moment (depending on which came earlier):
- signing by the Recipient of the act of acceptance-transfer of the Goods (or another document equivalent in content, confirming the fact of transfer of the Goods to the Recipient), or
- signing by the Recipient of the carrier's documents confirming the fact of receipt of the shipment containing the Goods, or
- the actual receipt by the Recipient of the Goods and the Recipient's actions indicating acceptance of the Goods (the Recipient received the Goods and left the point of delivery of the goods, etc.).
1.3. Product information.
1.3.1. Information about the Goods is contained on the Goods themselves, its packaging, in the accompanying documents for the Goods. Information about the product can also be provided remotely (by phone, by posting information about the product on the Site).
1.3.2. Upon receipt of the Goods, prior to signing the documents confirming receipt of the Goods, the Recipient is obliged to read the information about the goods contained in the Goods and / or packaging and / or in the accompanying documents. If it is necessary to obtain additional information about the goods, the Recipient is obliged to contact the Seller and receive the necessary information by means of remote communication until the Recipient accepts the Goods.
1.3.3. In the event of a change in the price of the Goods, the Recipient has the right to refuse to receive and accept the Goods. In this case, the Recipient (Payer) has the right to demand a refund of the amounts paid for the Goods. Any other compensation (including damages, penalties, etc.) - is not provided by the Seller or the Administration. Also, if the incorrect price of the goods or the cost of delivery is erroneously indicated on the website, the Seller has the right to cancel the User's order.
1.3.4 Discounts and promotional offers for goods are not summed up. If, for technical reasons, the discount on the product or the amount of delivery was incorrectly calculated in the basket, the seller undertakes to notify the buyer of the change in the amount of the order by phone or e-mail.
1.4. Limitation of liability.
1.4.1. The conditions specified in the Offer are preconditions for the purchase of the Goods. The terms of the Offer may be changed by the Sellers, including after acceptance of the Order for execution. Specific conditions of sale of the Goods by the Sellers may be determined and changed by the Sellers until the moment of transfer of the Goods to the Recipient.
1.4.2. In case of obsolescence of materials (including the terms of the Offer) on the Site, the Administration does not undertake to update them. Under no circumstances shall the Administration be liable for any damages (including, but not limited to, damages from loss of profits, data or interruption of business activity) resulting from the use, inability to use or results of use of this Site.
1.4.3. The Seller's liability for changes in the terms of purchase of the Goods in comparison with those specified in the Offer is limited by the fact that the Recipient (User, Payer) has the right to refuse to purchase the Goods and demand a refund (if paid).
1.4.4. Goods for which the warranty period is set are subject to warranty obligations in accordance with the conditions specified in the warranty card and / or in the information materials of the manufacturer. If, in accordance with the legislation of Ukraine, a warranty period is set for the Goods, but it is not set by the manufacturer, the warranty period for such Goods is considered equal to three working days from the date of receipt of the goods.
1.4.5. The User is responsible for the accuracy of the data specified in the Order form. If the inaccurate (incorrect) indication of data in the order has led to additional costs of the Seller related to delivery of the Goods to the wrong address or delivery of the Goods to the wrong Recipient, all related losses and costs are borne by the User. The Seller has the right to deduct the amount of such losses or expenses from the amounts paid by the Payer as payment for the Goods (to offset counterclaims).
2. Obligations of the Parties.
2.1. The User undertakes to carefully read this Agreement. In case of disagreement with its terms, the User undertakes to immediately stop using the Site.
2.2. The user agrees not to take actions that may be considered as violating Ukrainian law or international law, including in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to infringement. normal operation of the Site and site services.
2.3. Use of site materials without the consent of the copyright holders is not allowed. For the lawful use of the materials of the Site it is necessary to conclude license agreements (obtaining licenses) from the right holders.
2.4. When quoting materials from the site, including protected copyrighted works, reference to the Site is required.
2.5. Comments and other records of the User on the Site must not contradict the requirements of the legislation of Ukraine and generally accepted norms of morality and ethics. User Comments / Feedback posted on the Site are not confidential information and may be used by the Site Administration without restrictions.
2.6. The user is warned that the Site Administration is not responsible for visiting and using external resources, links to which may be contained on the site.
2.7. The User accepts the provision that all materials and services of the Site or any part of them may be accompanied by advertising. The User agrees that the Administration of the Site does not bear any responsibility and has no obligations in connection with such advertising.
8. By registering on the Site, the user agrees to provide reliable and accurate information about himself and his contact details. As a result of registration you receive a login and password to enter the Personal Account, for the security of which you are responsible. You are also responsible for all actions under your login and password on the Site. In case of loss of registration data, you agree to notify us. The site administration reserves the right to send our promotional offers to the user number specified in the order. In case of refusal, we undertake to exclude your e-mail address from the SMS.
2.9. The site administration has the right to unilaterally cancel the account (Personal account) of the User, if it has not been used for more than 12 calendar months in a row without notifying the User.
3. Personal data.
3.1. By placing an Order on the Site, the User gives his consent to the Administration to collect and process (accumulation, storage, adaptation, recovery, use, distribution, depersonalization and destruction) of the data specified by him, namely: surname, name, patronymic, e-mail, telephone , address, in order to ensure the implementation of sales relations, relations in the field of consumer protection, in the field of advertising and marketing research, as well as agrees to the transfer (dissemination) of its data LLC "NEW POST" (USREOU 31316718), other transport -forwarding and courier organizations, and other third parties (without limitation) at the discretion of the Site Administration. This provision is valid without limitation of validity.
3.2. The source of personal data collection is information provided directly and voluntarily by the User.
3.3. The owner of the personal data provided by the User is the Site Administration.
3.4 The personal data subject, in accordance with the Law of Ukraine "On Personal Data Protection", has the right to: know the sources of collection, location of their personal data, the purpose of their processing, location or residence (stay) of the owner or controller of personal data or give appropriate instructions to receive this information to the persons authorized by him, except in cases established by law; receive information on the conditions for granting access to personal data, in particular information on third parties to whom his personal data is transferred; to access their personal data; receive no later than thirty calendar days from the date of receipt of the request, except as provided by law, an answer as to whether his personal data are processed or stored, as well as receive the content of such personal data; make a reasoned request to the owner of personal data with an objection to the processing of their personal data; make a reasoned request to change or destroy their personal data by any owner and controller of personal data, if this data is processed illegally or is inaccurate; to protect their personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, non-provision or untimely provision, as well as to protect against the provision of information that is inaccurate or discredits the honor, dignity and business reputation of an individual ; to file complaints about the processing of their personal data to the Commissioner or to the court; apply legal remedies in case of violation of the legislation on personal data protection; make reservations regarding the restriction of the right to process their personal data during the consent; withdraw consent to the processing of personal data; know the mechanism of automatic processing of personal data; to protect against an automated decision that has legal consequences for him.
4.1. Data collected and processed: the company collects and processes the following data: Surname, Name, Phone, Email, Address.
4.2. The purpose of data collection and processing: transfer of personal data to the logistics company for delivery of parcels; formation of CRM client base for consumer communications and analysis; sending information using software (SMS, MMS, Viber, Facebook, Push, emailing Mailchimp, 1C, Instagram, GA).
4.3. Privacy settings: The company gives you the ability to access, correct, transfer and delete your data. The user has the right to withdraw his consent to data processing by contacting the feedback form or contacting support by email: email@example.com. When you delete an account on your request, the Company deletes all of your data and you will not be able to recover this information later. Upon request of the User, the Company will provide detailed information about the functional features of the site.
4.4. Age restrictions: it is forbidden to accept consent to the processing of personal data of users under 16 years of age. In case the User does not reach 16 years of age, the consent to the processing of personal data is possible by the parents of such User with reliable confirmation. Otherwise, such User will be denied registration.
4.5. Retention period of personal data: the company stores personal data of the user as long as it is necessary for the purposes of processing. Personal data will be stored no longer than is necessary for the purposes for which the personal data was collected.
4.8. Storage of personal data. Location of personal data: Kharkiv, Ukraine
4.9. Rights of the User: the right to know all information about who and for what purpose processes personal data; the right to receive information about recipients of personal data, including recipients in third countries or international organizations; the right to access your personal information; the right to request the correction, deletion, restriction of the processing of personal data or to object to the processing provided by the Company without any unreasonable delays; the right to clear data ("right to be forgotten"); the right to restrict or block data processing; the right to transfer personal data from one service to another; the right to object to data processing; the right to withdraw your consent to the processing of your personal data at any time; the right to be informed of the appropriate guarantees in case of transfer of personal data to a third country or to an international data transfer organization; the right to object and automated individual decision-making.
5. Other conditions.
5.1. The User has the right to appoint a third party as the Recipient of the purchased Goods. In this case, the Recipient is obliged to indicate in the Order form the data necessary for the identification of the recipient and delivery of the Goods to him. The relations of the parties, in this case, are subject to the provisions of Art. 636 of the Civil Code of Ukraine.
5.2. To issue the Goods to the Recipient, the latter is obliged to present an identity document (passport) upon receipt of the Goods.
5.3. Upon receipt of the Goods, the Recipient is obliged to sign the documents confirming receipt of the Goods.
5.4. All possible disputes arising from or related to this Agreement shall be resolved in accordance with the current legislation of Ukraine.
5.5. Nothing in the Agreement shall be construed as establishing between the User and the Site Administration an agency relationship, a partnership relationship, a joint venture relationship, a personal employment relationship, or any other relationship not expressly provided for in the Agreement.
5.6. The recognition by a court of any provision of the Agreement as invalid or not subject to enforcement shall not invalidate other provisions of the Agreement.
5.7. Inaction on the part of the Site Administration in case of violation of the provisions of the Agreement by any user does not deprive the Site Administration of the right to take appropriate actions later to protect their legitimate interests and protect the copyrights of the Site materials protected by law. The User confirms that he is familiar with all clauses of this Agreement and unconditionally accepts them.
5.8. This Agreement is governed by and construed in accordance with the laws of Ukraine. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of Ukraine.
5.9. Feedback address: FOP Saratovsky Valerii Volodymyrovych, 61109, Kharkiv, Morshanska Street, bldg. 36.