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Public agreement

Public contract (offer) for ordering, purchase and sale and delivery of goods.

This document is a public contract (offer) in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and determines the terms of ordering, purchase and sale and delivery of goods through the website https://favoritegardenfruits.com.

If you visit the website and/or place an order, you accept this Offer in full.

The contract is considered concluded from the moment the Buyer:

  • clicks the "Place order" / "Confirm" button on the website and
  • receives electronic confirmation of the order (email / message in the website interface).

1. Definition of terms

1.1. Seller – LLC “Sady Pidhaichyki” (EDRPOU code 43935132), location: 78256, Ukraine, Ivano-Frankivsk region, Kolomyia district, Pidhaichyki village, Silska street, building 20-ts, contact email: contact@favoritegardenfruits.com.

1.2. Site / Online store – the Seller’s website https://favoritegardenfruits.com, through which the Buyer can familiarize themselves with the Goods and place an Order.

1.3. Buyer – a legally capable individual who has reached the age of 18 and orders and purchases Goods for personal consumption, as well as a legal entity or an individual entrepreneur. Persons who have not reached the age of 18 may make purchases only with the participation or with the direct consent of their legal representatives (parents, guardians). The Seller is not responsible for Orders placed by minors without such consent.

1.4. Goods – food products and other goods presented on the Site, in particular juices, drinks, other garden products, which the Seller offers for sale.

1.5. Order – a properly executed request by the Buyer to purchase Goods via the Site, telephone or e-mail, indicating the selected items, their quantity and method of delivery/payment.

1.6. Delivery service (carrier) – a postal/courier service (for example, Nova Poshta LLC or another) that delivers Orders to the Buyer.

2. Subject of the Agreement

2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to accept and pay for the Goods under the terms of this Agreement.

2.2. The description, assortment, quantity and other characteristics of the Goods are determined based on the information posted on the Site at the time of placing the Order.

2.3. This Agreement is public and the same for all Buyers.

3. Placing an Order

3.1. The Buyer places the Order independently through the Site or using the contacts specified in the "Contacts" section (phone, email).

3.2. When placing an Order through the Site, the Buyer fills in the required form fields, including:

  • Full name;
  • contact phone number;
  • email;
  • address/delivery department;
  • payment method.

3.3. The Seller has the right to clarify information regarding the Order by calling or writing to the Buyer.

3.4. The Seller has the right to refuse to process/execute the Order in the event of:

  • the Buyer providing incorrect, incomplete or questionable data;
  • the Goods not being available in stock;
  • the Buyer's violation of the terms of this Agreement or the law.

3.5. By placing an Order, the Buyer confirms that:

  • has read and agrees to the terms of this Agreement;
  • has read the Privacy Policy posted on the Site;
  • provides the Seller with reliable data for the execution of the Order.

4. Price of the Goods and payment procedure

4.1. The price of the Goods is indicated on the Site in hryvnias, including taxes (if any).

4.2. The Seller has the right to change prices unilaterally. The price indicated on the Site at the time of placing the Order applies to the Buyer.

4.3. The cost of delivery may not be included in the cost of the Goods and is paid by the Buyer additionally according to the delivery service tariffs, unless otherwise indicated on the Site.

4.4. Payment is made by the methods available on the Site (online payment, cash on delivery, other options specified in the "Payment and delivery" section).

4.5. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are credited to the Seller's account.

When choosing payment by "post-payment" through a carrier, the Buyer agrees that the actual moment of payment for the purposes of this Agreement is the moment of crediting the funds to the Seller's account from the carrier. The risk of non-payment or delay in settlements between the Buyer and the carrier is borne by the Buyer.

5. Delivery and transfer of the Goods

<5.1. The Goods are delivered via delivery services, the list of which is specified on the Site, or in another way agreed upon by the Parties./p>

5.2. The Seller is not responsible for the actions, omissions, errors, delays of the delivery service, including, but not limited to: delays in delivery, loss or damage to the Goods after transfer to the carrier, incorrect execution of delivery instructions. The Buyer shall send claims regarding the operation of the delivery service directly to such service.

5.3. The risk of accidental loss or damage to the Goods shall pass to the Buyer from the moment the Goods are transferred to the delivery service or from the moment the Buyer actually receives the Goods upon pickup.

5.4. Upon receipt of the Goods, the Buyer is obliged to check:

  • the appearance of the packaging;
  • the quantity and assortment;
  • the absence of obvious damage/defects to the packaging.

In the event of damage or inconsistencies, the Buyer must record this in the carrier's act/document or refuse to receive the parcel.

6. Return of Goods and Warranty Terms

6.1. Food products (juices, drinks, other food products) are not subject to return and exchange if they are of proper quality, in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994 (as amended).

6.2. In case of detection of Goods of inadequate quality (with obvious signs of spoilage, delay, damage to the packaging, which affected the quality of the Goods), the Buyer has the right to contact the Seller with a claim.

6.3. The procedure for considering claims regarding Goods of inadequate quality is carried out in accordance with the Law of Ukraine "On Protection of Consumer Rights".

6.4. A claim regarding quality is accepted for consideration only if the Buyer provides high-quality photo/video materials that clearly identify the Goods (labeling, batch) and the defect. The Seller has the right to demand the return of the entire volume of the inadequate Goods for its own examination at its own expense. The Buyer shall bear the costs of returning the Goods for examination, if the examination results do not confirm the presence of a manufacturing defect (defect).

6.5. Warranty periods. Food products are subject to an expiration date indicated on the packaging of the Goods. The guarantee of quality is the Buyer's compliance with the conditions of storage and consumption of the Goods specified on the label. The Seller is not responsible for the Buyer's violation of these conditions.

7. Rights and obligations of the Parties

7.1. The Seller is obliged to:

7.1.1. Transfer the Goods to the Buyer in accordance with the placed Order.
7.1.2. Ensure the proper quality of the Goods in accordance with the requirements of the law.
7.1.3. Process the Buyer's personal data in accordance with the Privacy Policy.

7.2. The Seller has the right:

7.2.1. Change the terms of this Agreement, prices for the Goods, payment and delivery methods by publishing changes on the Site.
7.2.2. Refuse to process the Order in case of violation by the Buyer of the terms of the Agreement, provision of inaccurate data or for other reasons stipulated by law.
7.2.3. Temporarily restrict access to the Site for technical work.

7.3. The Buyer is obliged to:

7.3.1. Before placing the Order, familiarize yourself with the terms of this Agreement, prices and characteristics of the Goods.
7.3.2. Provide reliable data for placing the Order and delivery.
7.3.3. Accept and pay for the Order on time.

7.4. The Buyer has the right:

7.4.1. Receive the Goods in accordance with the placed Order.
7.4.2. Contact the Seller with complaints, suggestions, claims.
7.4.3. Exercise other rights provided for by the legislation of Ukraine.

8. Confidentiality and personal data

8.1. All issues related to the collection, storage and processing of the Buyer's personal data are regulated by the Privacy Policy of Sady Pidhaychiky LLC, posted on the Site.

8.2. By placing an Order, the Buyer confirms that he has read the Privacy Policy and agrees to its terms.

9. Liability of the Parties

9.1. The Parties are liable for failure to fulfill or improper fulfillment of obligations in accordance with the current legislation of Ukraine and this Agreement.

9.2. The Seller is not liable for:

9.2.1. consequences of improper storage of the Goods by the Buyer;
9.2.2. losses caused by improper use of the Goods;
9.2.3. delays and errors in the operation of delivery services;
9.2.4. technical failures in the operation of the Site, payment systems, hosting and other services that the Seller cannot directly influence;
9.2.5. any indirect, incidental or consequential damages, including lost profits, moral damages or damages arising from the use or inability to use the Goods.

9.3. In the event of disputes, the Seller and the Buyer undertake to make every effort to resolve the dispute through negotiations.

9.4. The Seller's liability to the Buyer is in any case limited to the amount of actual damages, but not more than the amount of funds actually paid for the relevant Order, unless otherwise expressly provided for by the legislation of Ukraine.

10. Force Majeure

10.1. The Parties are exempt from liability for full or partial failure to fulfill obligations if this was a consequence of force majeure circumstances (war, hostilities, terrorist acts, strikes, fires, floods, other natural disasters, power outages, blockades, decisions of government bodies, etc.) that the Party could not foresee or prevent.

10.2. The Party for which force majeure circumstances have occurred must notify the other Party, if possible.

11. Final provisions

11.1. This Agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.

11.2. All disputes arising between the Parties shall be resolved through negotiations, and in the event of failure to reach an agreement - in accordance with the procedure established by the legislation of Ukraine.

11.3. This Agreement is a public agreement of accession. Using the Site and placing an Order means the Buyer's accession to its terms without any reservations.

11.4. This Agreement is the main document regulating the relations of the Parties regarding the order, purchase and sale and delivery of Goods through the Site. It is applied together with the Privacy Policy posted on the Site. In case of any contradictions between the text of this Agreement and the Privacy Policy (except for mandatory provisions of law), the terms of this Agreement shall prevail.

11.5. The current version of the Agreement is always available on the Site. The Seller has the right to change the terms of this Agreement by publishing a new version on the Site. Continued use of the Site and placing Orders after the changes are published means the Buyer's agreement with the updated version of the Agreement.