Public offer agreement

General Provisions

1.1. This offer is an official proposal from foodzy.com.ua, hereinafter referred to as the "Seller" (responsible persons: FOP Pivovarova Marina Serhiyivna, FOP Zolotaryova Valentina Mykolaivna, FOP Dubov Mykhailo Dmytrovych, FOP Solomatina Larysa Yuriyivna), to conclude a distance sales agreement for goods, i.e., through the online store, hereinafter referred to as the "Agreement", and places a Public Offer (proposal) on the official website of the Seller https://foodzy.com.ua/ (hereinafter referred to as the "Website").

1.2. The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic sales agreement is the fact of payment by the Buyer for the order under the terms of this Agreement, within the timeframes and at the prices specified on the Seller's Website.

Terms and Definitions

2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:

"Goods" – models, accessories, components, and accompanying items.

"Online store" – according to the Law of Ukraine "On Electronic Commerce", a means for presenting or selling goods, works, or services through an electronic transaction.

"Seller" – the company that sells goods presented on the Website.

"Buyer" – an individual who has entered into an Agreement with the Seller under the terms set forth below.

"Order" – the selection of individual items from the list of goods specified by the Buyer when placing the order and making payment.

Subject of the Agreement

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

This Agreement governs the sale of goods in the Online Store, including:

The voluntary choice of goods by the Buyer in the Online Store;

The Buyer's independent placement of the order in the Online Store;

Payment by the Buyer for the order placed in the Online Store;

Processing and delivery of the order to the Buyer under the terms of this Agreement.

Order Placement Procedure

4.1. The Buyer has the right to place an order for any product available on the Website.

4.2. Each item can be included in the order in any quantity.

4.3. If the product is out of stock, the Company's Manager must notify the Buyer (by phone or email). The Manager will also clarify all details and parameters of the ordered product, make corrections and recalculations if necessary.

4.4. If the product is unavailable, the Buyer has the right to replace it with a similar product, cancel the order, or refuse the product.

Order Payment Procedure

Cash on Delivery

5.1. In case of payment by cash, the Buyer must pay the Seller the price of the goods at the time of delivery, unless otherwise agreed or stipulated in the agreement between the parties.

5.2. Payment for goods and services of the online store https://foodzy.com.ua/ is made in the national currency of Ukraine according to the prices and rates set at the time of purchase or receipt of services.

5.3. In case of non-payment, partial, or late payment, the online store https://foodzy.com.ua/ reserves the right to withhold the goods, suspend, or fully refuse to fulfill its obligations and will not be liable for any consequences of such actions/decisions.

5.4. Goods and services are guaranteed and provided only upon receipt of payment by the online store https://foodzy.com.ua/ (if the goods are available at the time of payment).

5.5. For cashless payment, the Buyer's obligation to pay for the goods is considered fulfilled when the corresponding funds are credited to the Seller’s account.

5.6. In case of cashless payment, the Buyer must present the manager or courier with a document confirming payment for the Goods (payment order, receipt, etc.).

Rights and Obligations of the Parties

6.1. The Seller has the right to:

Unilaterally terminate the shipment of goods under this agreement in case of the Buyer’s breach of the terms of this agreement.

6.2. The Buyer undertakes to:

Timely pay for and receive the order under the terms of this agreement.

6.3. The Buyer has the right to:

Place an order in the Online Store;

Demand that the Seller fulfill the terms of this Agreement.

Liability of the Parties

7.1. The Parties are liable for non-fulfillment or improper fulfillment of the terms of this agreement in accordance with this agreement and the current legislation of Ukraine.

7.2. The Seller is not liable for:

Changes in the appearance of the Goods made by the manufacturer;

Minor discrepancies in the color of the goods that may differ from the original only due to different color rendering by the monitors of personal computers of specific models;

The content and accuracy of the information provided by the Buyer when placing the order;

Delays and interruptions in the provision of services (order processing and delivery of goods) due to reasons beyond the Seller's control;

Illegal actions committed by the Buyer using access to the Internet;

The transfer of the Buyer’s network identifiers – IP, MAC address, login, and password to third parties.

7.3. The Buyer, by using the provided access to the Internet, is solely responsible for any harm caused by his actions (personally, even if another person was under his login) to individuals or their property, legal entities, the state, or moral principles of morality.

7.4. In case of force majeure, the parties are released from performing the terms of this agreement. Force majeure for the purposes of this agreement refers to events of an extraordinary, unforeseen nature that prevent or objectively hinder the fulfillment of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.

7.5. The Parties will make every effort to resolve any disputes exclusively through negotiations.

Other Terms

8.1. The online store reserves the right to unilaterally amend this agreement, provided that the changes are published on the website https://foodzy.com.ua/

8.2. The online store is created to organize the remote sale of goods through the Internet.

8.3. The Buyer is responsible for the accuracy of the information provided when placing the order. By accepting (placing the order and making the payment), the Buyer gives the Seller unconditional consent to collect, process, store, and use their personal data in accordance with the Law of Ukraine "On Personal Data Protection".

8.4. Payment by the Buyer for the order placed in the Online Store means the full agreement of the Buyer with the terms of the purchase and sale agreement (public offer).

8.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms according to Article 11 of the Law of Ukraine "On Electronic Commerce".

8.6. The use of the Online Store resource for previewing goods and placing orders is free of charge for the Buyer.

8.7. The information provided by the Buyer is confidential. The online store uses the information about the Buyer exclusively for order processing, sending notifications to the Buyer, delivering goods, making settlements, and other related purposes.

Confidentiality

10.1. The Seller collects and processes the personal information provided by the Buyer during order placement in accordance with the Law of Ukraine No. 2297-VI "On Personal Data Protection" and the Agreement.

10.2. Personal data is collected and processed to give Buyers access to the Site, process orders, inform (including with promotional materials), and other related actions. The Seller collects user data, including technical information (IP address, browser), behavioral data (interaction with the site), cookies, and contact information voluntarily provided by the Buyer. For analytics and advertising purposes, we use third-party tools such as Google Analytics and Meta Pixel. The collected data is used for mailings, content personalization, remarketing, and improving the website’s functionality. The Buyer’s data is protected by modern methods, is not sold to third parties, and is only used for cooperation with partners in analytics and advertising. The Buyer has the right to learn, change, or delete their data and opt out of mailings at any time by contacting us. Any changes to the policy will be published on this page.

10.3. The Privacy and Personal Data Policy under the Agreement applies solely to the Site https://foodzy.com.ua/. When the Buyer transitions to third-party sites (including external services), they are governed by the privacy policy of the respective service.

10.4. The Buyer provides their name, address, and phone number. Other information is provided by the Buyer at their discretion in the order comments. The Buyer is responsible for the accuracy of the provided information.

10.5. The Seller has the right to send promotional messages, promote goods, and send informational materials about the Seller’s goods, services, events, and promotions.

10.6. The Seller has the right to transfer the personal data of Buyers to third parties if such transfer is required to fulfill the Seller’s obligations under the Agreement and protect the Seller’s rights and freedoms or those of third parties, especially if the Buyer violates the terms of the Agreement.

10.7. The Buyer has the right to refuse to receive promotional and other information by sending a message to the email address foodzydelivery@gmail.com. The Buyer has the right to request information about whether their data is processed by the Seller. The Seller will respond to such a request within 30 calendar days.