1. GENERAL PROVISIONS

1.1. This Agreement is concluded between the Buyer and the Seller in the person of the Agent at the time of placing the order. The Buyer confirms his agreement with the terms of this Agreement when placing an order, which may be manifested in the consent, by placing the Goods and Products in the cart through the Service or by filling out the appropriate forms (applications) and confirming the order or payment for the Products. Services.

The Agent provides services to the User, which is a technological platform that allows users of mobile applications of the Service or Users of the Service provided as Services to organize and plan the provision and / or sale of products, goods and / or services with the participation of independent providers of such services. who act as third parties.

1.2. This Agreement, as well as information about the Products presented on the Service, is a public offer within the meaning of Art. 633 and 641 of the Civil Code of Ukraine.

1.3. The Agent is not a Seller of Products, in the sense of the Law of Ukraine "On Consumer Protection". Accordingly, all claims regarding the sale of the Products, quality, quantity and other conditions of sale may be made only to the Seller of such Products.

1.4. The Agent does not accept and / or transfer and / or consider claims from Users that are directly related to the Products, and does not refund Users for the Products and / or exchange Products.

1.5. The Agent reserves the right to amend this Agreement.

1.6. This Agreement shall be construed as it is published on the Site and shall be applied and interpreted in accordance with the legislation of Ukraine.


2. TERMS AND DEFINITIONS

2.1. "Service" - the activity of the executor to provide the consumer with a certain tangible or intangible good, carried out at the individual request of the consumer to meet his personal needs, or activities whose results have no material expression, are realized and consumed in the course of this activity needs through the provision of goods in accordance with this need, including commercial intermediation services and other services.

2.2. "Products" ("Goods") - any catering products that are subject to sale by the Seller under the terms of this Public Contract-Offer.

2.3. "Service" - Zerna website, a mobile application operated by Generics LLC and created for the conclusion of retail and wholesale purchase and sale agreements on the basis of the Buyer's acquaintance with the description of the Goods offered by the Seller in photographs, drawings, images, via the network The Internet, which excludes the possibility of direct acquaintance of the Buyer with the Goods - a remote means of selling goods.

2.4. "Seller" - a legal entity or natural person-entrepreneur, registered in accordance with the Legislation, which sells Products through the Agent specified in the Service, subject to the terms of this Public Contract-Offer.

2.5. "Buyer" ("User") - any able-bodied individual, legal entity, individual entrepreneur, is a registered user of the Service or who has placed an Order on the Service and entered into a Sales Agreement with the Service Seller's Products by acceptance (consent). proposal to enter into such an agreement).

2.6. "Agent" LLC "Generics", which has the right on behalf and at the expense of the Seller to place the Service offers the Seller to enter into a contract of sale of the Seller's Products.

2.7. The "Order" is duly executed and placed on the Buyer's Order for the purchase of the Seller's Products.

2.8. "Distance contract" means a contract concluded by the Seller with the Buyer by means of remote communication.

2.9. "Remote communication means" - telecommunications networks, postal services, television, information networks, in particular the Internet, which can be used to conclude contracts at a distance.

2.10. "Agreement" - Agreement-offer for the provision of services and purchase and sale of goods through the Service, which contains the Seller's offer to purchase the Goods, the range and detailed information about which is contained in the Service to an indefinite number of people


3. SUBJECT OF THE AGREEMENT

3.1. This Agreement is a public offer (offer) of the Seller to enter into an Agreement for the sale of Products on the terms specified on the Service and the Internet.

3.2. By registering on the Service, the User accepts this offer (offer), unconditionally agrees with the terms of orders, sales of Products on the Service, provided by this Agreement, and the obligations imposed on the User under this Agreement and is obliged to comply with them.


4. RIGHTS AND OBLIGATIONS OF THE AGENT

4.1. Agent's rights:

- in its sole discretion to change, supplement or delete any information from the Service, as well as video content, any elements and components of the Service, suspend, restrict or terminate the User's access to all or any of the sections of the Service at any time with any grounds or without explanation, also in case, but not exclusively, in case of violation by the User of this Agreement and / or the Legislation;

- to change and / or supplement this Agreement without notifying the User; Changes / additions take effect from the moment of their publication on the Service, unless otherwise established by the Agent;

- At any time to require the User to provide confirmation of the data specified during registration on the Service, to request supporting documents;

- The Agent may refuse to register the User on the Service and provide the Services without explanation;

- conduct marketing activities, in particular, by sending up-to-date information on the Seller's Products, promotions and bonus programs to the User's e-mail and / or in the form of sms-messages and / or publication in the mobile application of the Service;

- involve third parties in the provision of services in accordance with this Agreement;

- other rights of the Agent provided by this Agreement.

4.2. Responsibilities of the Agent:

- accept, process orders, inform the User about changes in the status of the order, time and cost.

- not to place on the Service any files that are viruses and / or phishing programs;

- accept funds to pay for the Products, if such a method of calculation is provided on the Service;

- other obligations of the Agent provided by this Agreement.



5. RIGHTS AND OBLIGATIONS OF THE USER

5.1. User rights:
to obtain reliable information about the Products contained in the Service;
to receive the Products in the agreed quantity and at the agreed time;
terminate the use of the Service and cancel the created account by sending a request to the Seller;
other rights of the User are provided in this Agreement and the current legislation of Ukraine.


5.2. Responsibilities of the User:

use the Service only for lawful purposes, comply with current legislation of Ukraine, as well as the terms of this Agreement;

receive and pay for the ordered Products, according to the Seller's tariffs specified on the Service;

periodically get acquainted with the information presented on the Service, including this Agreement, in order to get acquainted with changes and / or additions in a timely manner. The User's use of the Service after any changes and / or additions shall indicate the User's consent to such changes and / or additions;

refrain from actions aimed at destabilizing the Service, attempting unauthorized access to the Service, the results of intellectual activity contained therein, as well as from taking any other actions aimed at violating the rights of the Agent and / or third parties;

not to reproduce, not to repeat, not to copy, not to sell, not to resell, as well as not to use otherwise for any commercial purposes the Service and / or any parts of the content of the Service without the prior consent of the Seller;

during registration (creation of an account) on the Service, provide valid, up-to-date and complete information about yourself, which may be requested by the registration forms of the Service;

periodically update the information specified during registration on the Service, in order to ensure the relevance of such information, its accuracy and completeness;

While using the Service, the User is prohibited from downloading, storing, posting, distributing or otherwise using any information that: contains threats, discredits, degrades honor or dignity or business reputation or violates the privacy of other Users or other third parties; infringes intellectual property rights; contains obscene language, pornographic materials, scenes of violence, extremist materials, advertising, links to other resources; promotes and / or promotes incitement to racial, religious, ethnic intolerance or hostility;

other obligations of the User provided by this Agreement.


6. ORDERING PROCEDURE

6.1. The buyer can place an order independently through the Service.

6.2. To be able to place orders and use the capabilities of the Service, the User must register on the Service (create an account). By filling in the registration form on the Service, the User accepts and agrees with the terms of this Agreement by confirming the item "I accept the terms of the Agreement".

6.3. To place an Order in the Service, you need to select the Goods, their quantity, and click "Add to Cart", the Product will be automatically added to the "Cart";

- fill in the data in the appropriate electronic order form;
- after completing the order, select the "Pay" function.

6.4. If the Buyer has not confirmed the payment, such order is considered unformed and is not subject to execution by the Seller.

6.5. The buyer is fully responsible for the correctness and accuracy of the data specified by him when placing an order.

6.6. The Seller undertakes to provide the Buyer with all information related to the goods, execution and execution of the order, and is necessary for the selection and execution of the order.


7. ORDER DELIVERY

7.1. Self-pickup is carried out by the Buyer from the place of issuance of the order specified by the Buyer when placing an order from the possible options specified in the Service during order confirmation

7.2. The mode of operation of the Seller and the time of self-pickup are specified in the Service.

7.3. Delays in the preparation of Goods are possible in the event of unforeseen circumstances that occurred through no fault of the Seller.

7.4. Ownership of the Goods, as well as the risk of accidental damage or loss passes to the Buyer from the moment of transfer of the Goods.

7.5. Upon acceptance of the Order, the Buyer is obliged to check the Goods for compliance with the ordered and the integrity of the packaging. In the absence of claims to the delivered Goods, the Buyer withdraws the Order.


PAYMENT FOR GOODS

8.1. The price of the Goods is indicated in hryvnias.

8.2. The total cost of the order consists of the cost of all Goods specified in the Buyer's order, taking into account the current at the time of ordering the value of these Goods, specified in the Service, all taxes and fees, as well as the cost of ordering.

8.3. The total cost of the order is displayed in the Service to the Buyer when placing an order.

8.4. The User is obliged to pay for the Products using a bank card in accordance with the instructions provided on the Service. The User confirms his consent to the payment of services (commissions) to third parties (banks and / or payment systems) that provide payments using a payment card.

8.5. Payment for Goods is made in the national currency of Ukraine.

8.6. In the case of non-cash form of payment for the value of the order, the Goods are transferred to the Buyer only on condition of payment of the full value of the Goods. In this case, payment for the value of the Goods is considered made at the time of crediting the relevant funds to the account of the Seller.

8.7. The Seller has the right to suspend the order and / or cancel the order unilaterally in case of non-fulfillment or improper fulfillment by the Buyer of the obligation to pay the relevant order until the Buyer submits a request to provide Goods at the place of order (in case of self-pickup from the place of issue order).

8.8. The cost and range of goods in the Service may be changed by the Seller at its discretion at any time without the need to notify the Buyer. In this case, the cost of goods specified in the Service at the time of placing a specific order is relevant for the execution of this order.


9. PROCEDURE FOR RETURN OF GOODS

9.1. The buyer has the right to refuse the received goods of improper quality after its inspection at the time of acceptance of the goods.

9.2. In case of refusal of the goods of improper quality, the value of which was paid by the Buyer by non-cash payment, the Seller returns the amount of the order to the bonus account of the buyer.


10. RESPONSIBILITY OF THE PARTIES

10.1. The Agent provides the User with the opportunity to use the Service without any guarantees of quality, safety, the possibility of using the Seller's Products presented on the Service, permanent and unconditional access to the Service.

10.2. The powers of the Agent are limited to posting on the Service on behalf of and at the expense of the Seller information about the Product. Rights and obligations arise directly from the Seller and the User and all claims are made exclusively to the Seller.

10.3. The User understands and agrees that the Agent is not liable to the User and / or third parties.

10.4. In case the User orders the Goods and chooses cash payment to the Seller's representative as a method of payment, and subsequently refuses to pay for the Goods and / or fails to appear before the Seller's representative to purchase the ordered Goods, the User is personally liable for the above actions. In addition, in this case, the Agent has the right to suspend, restrict or terminate the User's access to the Service. Suspension, restriction or termination of the User's access to the Service does not release the User from liability for the above actions.

10.5. The service may contain links to other Internet resources. The User acknowledges and agrees that the Agent does not control and is not responsible for the availability of these resources and their content, as well as for any consequences associated with the use of such resources. Any reference to the links made by the User, the latter makes aware that the responsibility for the action / inaction rests solely with him.

10.6. The User is responsible for the accuracy and reliability of the information provided by him when filling out the registration form on the Service, for the safety of his account and password, and for actions performed on the Service under his account and password.

10.7. In case of claims by third parties against the Agent related to the User's actions on the Service, the User is obliged to settle these claims with his own and at his own expense with third parties, thereby protecting the Agent from possible disputes, damages and compensations.

10.8. In the event that claims from third parties to the Agent will cause losses and / or the Agent will pay such persons penalties, compensations, losses, expenses, etc., the Agent has the right to demand, and the User is obliged to reimburse the Agent (penalties, compensation, losses, expenses, etc.) in full.

10.8. The Agent is not responsible for the appearance of the Products changed by the Seller.

10.9. The Parties shall make every effort to resolve any differences solely through negotiations.


11. DISPUTE RESOLUTION PROCEDURE

11.1 All disputes that may arise in connection with this Agreement or in connection with its implementation, the Buyer and Seller resolve by negotiation. The pre-trial procedure for settling the dispute is mandatory.

11.2. All disputes are considered in the presence of a written claim sent by registered mail by mail.

11.3. In the event that the Buyer and the Seller are unable to reach an agreement on the disputed issues through negotiations, these issues shall be resolved in accordance with applicable law of Ukraine.


12. CONFIDENTIALITY AND INFORMATION PROTECTION

12.1. The Buyer consents to the Seller to collect, process, accumulate, store and use his personal data (name, mobile phone number and other personal data), as well as transfer them to third parties solely for the purpose and within the limits of providing the Seller with duties imposed on him in accordance with the terms of this offer. The Buyer's personal data are processed in accordance with the Law of Ukraine of June 1, 2010 № 2297-VI "On Personal Data Protection". Buyers' personal data is stored in the Seller's database. Buyers' personal data is collected solely for the purpose of fulfilling the terms of this offer, compliance with the rules in the field of tax relations, relations in the field of accounting and relations in the field of advertising.

12.2. The Seller has the right to send information, including advertising messages, to the Buyer's mobile phone with his consent. The Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal, by sending a written statement of refusal to receive advertising and other information to the Seller at the address specified in the Service. Service messages informing the Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the Buyer.

12.3. The Seller is not responsible for the information provided by the Buyer in the Service in a publicly available form.

12.4. The Seller has the right to record telephone conversations with the Buyer, having previously notified the Buyer of such recording. In this case, the Seller undertakes: to prevent attempts of unauthorized access to information obtained during telephone conversations, and / or its transfer to third parties not directly related to the execution of Orders, in accordance with the Law of Ukraine of 02.10.1992 № 2657-XII "About information".


13. ADDITIONAL CONDITIONS

13.1. This agreement is concluded for an indefinite period and applies to all Users who have registered on the Service (created an account), starting from the moment of such registration.

13.2. If for any reason any of the terms of this Agreement are invalid or have lost their legal force, this circumstance in no way affects the validity and / or validity of other terms of the Agreement.

13.3. The Agent does not take part in possible disputes (including litigation) between the Seller and the Buyer.

13.4. This Agreement shall enter into force upon publication on the Service.

13.5. The Agent reserves the right to unilaterally amend this Agreement with its prior publication on the Service.

13.6. The buyer is responsible for the accuracy of the information specified in the order.


Agent:
Generics LLC
39600, Ukraine
Poltava region, Kremenchuk
quarter 287, bldg. 23
tel: +380959289503


Seller:
FOP Skalko VO
39600, Ukraine
Poltava region, Kremenchuk
Velykokokhnivskyi Ave., building 28
tel: +380683990707

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