1. General
1.1. The contractual relationship between the Seller and the Buyer is executed in the form of a Public Offer Agreement.
1.2. The public offer agreement is public, i.e. in accordance with Articles 633, 641 of the Civil Code of Ukraine its conditions are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur). In full consent with this Agreement, the Buyer accepts the terms and conditions of ordering, payment and delivery of goods by the Seller, liability for failure to comply with the terms of this Agreement.
2. Terms and provisions of the definition
"Public offer agreement" - a public agreement, a sample of which is posted on the website https://panfruit.com.ua, which contains the Seller's offer to purchase the Goods, the assortment that is described in detail on the website https://panfruit.com.ua, aimed at an indefinite number of people.
"Acceptance" - acceptance by the Buyer of the Seller's offer to purchase the Goods, the assortment that is described in detail on the website https://panfruit.com.ua by adding it to the virtual basket and sending the Order.
"Site" - the site https://panfruit.com.ua
"Goods" - goods offered for sale, according to the assortment and prices listed on the website https://panfruit.com.ua
"Seller" FOP Stetsenko Nina Pavlovna.
"Buyer" - any able-bodied individual, legal entity, individual entrepreneur who visited the site https://panfruit.com.ua and intends to purchase a product.
"Order" - a properly executed application of the Buyer for the purchase of Goods addressed to the Seller.
3. Subject of the contract
3.1. The Seller sells the Goods to the Buyer in accordance with the prices, actual at the time of the order, and the Buyer has the right to pay for the Goods and accept the Goods in accordance with the terms of this Agreement.
3.2. This agreement is an official document of the Seller and is an integral part of the offer.
4. The moment of concluding the contract
4.1. The text of the agreement is a public offer (in accordance with Articles 633, 643 of the Civil Code of Ukraine and the Rules for sale of goods to order outside commercial or office premises, approved by the order of the Ministry of Economy of Ukraine from 19.04.2007 №103).
4.2. The fact of placing an order with the Seller, both independently and with the help of the operator, is an indisputable acceptance of the terms of this Agreement, and further the Buyer continues to act as a person who has entered into a contractual relationship. The Buyer is responsible for acquainting himself with the terms of the Agreement, the seller is not obliged to inform the Buyer about the existence of the Agreement.
4.3. The moment of the Buyer's entry into a contractual relationship with the Seller is the moment of ordering the Goods, regardless of the method of order and form of payment.
4.4. At the request of the Buyer, the Seller draws up the Agreement in two samples with the signatures of the parties.
4.5. The Buyer shall independently and voluntarily contact the Seller, which means that the Buyer has read this agreement and agrees to it.
5. The price of the goods
5.1. Prices in the online store are listed in the national currency of Ukraine (hryvnia) per unit of goods in accordance with the existing price list.
5.2. The Seller reserves the right to change the price of the Goods until the moment of the order, without notice to the Buyer.
5.3. The final price is the one specified by the manager when ordering.
6. Payment for goods
6.1. In the case of cash payment, the Buyer is obliged to pay the Seller the price of the goods when they are received, unless other is specified by agreement or contract between the parties.
6.2. Payment for goods and services of the online store is made in the national currency of Ukraine in accordance with the prices and tariffs set at the time of purchase of goods or services.
6.3. Payment for goods and services of the online store is made in accordance with the section "delivery, payment and prices" published on the site. Payment is credited only if the procedure published on the site is done accordingly.
6.4. In case of non-payment, incomplete or late payment, the online store reserves the right not to provide the goods as well as the right of suspension or complete non-fulfillment of obligations and is not responsible for the possible consequences of such decision/action.
6.5. Goods and services are guaranteed and provided only upon receipt of payment by the Buyer's online store. Until the payment is received, the online store does not have any obligations to the Buyer of goods and services ordered by the Seller.
6.6. In the case of the non-cash form of payment, the Buyer's obligation to pay the value of the goods is considered fulfilled from the moment of crediting the relevant funds to the Seller's current account.
6.7. In the case of the non-cash form of payment, the Buyer is obliged to present to the manager or courier a document confirming the fact of payment for the Goods (payment order, receipt of payment, etc.).
6.8. Prices for any items of the Goods may be changed by the Seller unilaterally. In case of a change in the price of the item of the Goods that was ordered before payment of the Order, the Seller is obliged to notify the Buyer of such changes as soon as possible. The buyer has the right to confirm or cancel the order. If there is no contact with the Buyer, the Order is considered canceled within 24 hours of the change in the price of the goods.
7. Delivery of goods
7.1. The buyer has the right to receive the goods ordered by him by courier delivery in Kyiv or by delivery service of Nova Poshta LLC in Ukraine.
7.2. Courier delivery of the order to the Buyer is carried out in agreement with the Buyer and is delivered to the address specified by him. Delivery is free of charge, subject to ordering goods in the amount of 700 UAH, otherwise, delivery is paid by the Buyer in the amount of 70 UAH in Kyiv.
7.3. Delivery is done through the service of Nova Poshta LLC in Ukraine unless otherwise provided by prior agreement between the parties. Delivery is paid by the Seller under the condition of ordering goods in the amount of UAH 700, otherwise, delivery is paid by the Buyer in accordance with the delivery tariffs of Nova Poshta LLC in Ukraine.
8. The order of return of goods
8.1. The buyer has the right to refuse the received improper quality goods after their inspection at the time when the goods are received.
8.2. In case of refusal of the improper quality goods, the value of which was paid, the Seller returns the funds for the improper quality goods to the Buyer within 3 calendar days.
8.3. Cash paid by the Buyer is not refundable in the following cases:
- refusal of the client from the received service or goods after payment and receipt from the courier;
- by a court decision;
- if the product is of proper quality.
9. Liability to third parties
9.1. The online store is not responsible for the use or further use of goods and services purchased in the online store and with its help.
10. Rights and obligations of the Parties
10.1. The seller undertakes:
10.1.1. Do not disclose any private information of the Buyer and do not provide access to this information to third parties, except as provided by the current law of Ukraine.
10.1.2. Provide the Buyer with the opportunity to receive free telephone consultations on the telephone numbers listed on the website The scope of consultations is limited to specific questions related to the execution of the order.
10.1.3. The seller reserves the right not to fulfill the order in case of force majeure.
10.1.4. The Seller reserves the right to amend this Agreement unilaterally until it’s accepted.
10.2. The Seller is not responsible for the improper use of goods by the Buyer ordered in the online store.
10.3. The Seller has the right to transfer its rights and obligations to fulfill orders to third parties.
10.4 The Buyer undertakes:
- to read the contents of the Offer Agreement, terms of payment and delivery on the store's website before using the online store.
10.5. Ownership of the Order, as well as the risk of accidental damage or loss passes to the Buyer from the moment of receiving the goods.
11. Force majeure circumstances:
11.1. The Seller shall be released from liability for partial or complete non-performance of obligations under this Agreement if such non-performance is the result of force majeure. Force majeure means extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations under the terms of the contract, the origin and existence of which are beyond the control of the Seller. Force majeure circumstances include: the threat of war, armed conflict or serious threat of such conflict, acts of terrorism, sabotage, fire, explosion, long breaks in the work of transport, regulated by the terms of relevant decisions and acts of public authorities, embargo, prohibition (restrictions ) of export/import, etc., government decisions, changes in national legislation, failure of technical systems used by the Seller, criminal actions of third parties against the Seller, as well as caused by exceptional weather conditions and natural disasters, traffic jams, etc.
12. Copyright.
All textual information and graphics posted on the website of the online store are the property of the seller and/or its suppliers and manufacturers of the Goods.
13. Information and its use.
13.1. The buyer is obliged to provide accurate and truthful information in the amount that is necessary to provide services and/or purchase goods that he receives or buys. The information provided by the Buyer may, if necessary, be published in open sources.
13.2. The online store has the right at its discretion to require the Buyer to provide documentary evidence of the authenticity of the information provided.
13.3. Providing inaccurate information or not providing such information at the request of the online store may be a reason to suspend the provision of services or sale of goods.
13.4. The Seller collects and processes the personal data of the Buyers, namely:
- surname, name, patronymic of the Buyer;
- delivery address;
- contact numbers, e-mail address, etc.
For the purpose of:
- fulfillment of the terms of this Agreement;
- delivery of the products ordered by the Buyer;
- informing about news and special offers.
13.5. By ordering goods through the online store, the Buyer agrees to the collection and processing of such information.
13.6. Only individuals directly involved in the execution of the Order have access to the Buyer's personal data.
13.7. The Seller undertakes:
- to maintain the confidentiality of the Buyers' personal data:
- to prevent attempts of unauthorized use of personal data of Buyers by third parties;
- to exclude access to personal data of Buyers, individuals who are not directly related to the execution of the Order, except as provided by the current law of Ukraine.
