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Public offer agreement

The Public Offer Agreement is public, meaning that according to Article 633 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of their status (individual, legal entity, individual entrepreneur). By fully agreeing to the terms of this Agreement, the Buyer agrees to the terms and procedure for placing an Order, paying for Goods, delivering Goods, and bears responsibility for non-compliance with the terms of this Agreement.

The Seller proposes to conclude this Public Offer Agreement for the purchase and sale of Goods and provision of services through the Seller's Website to any person who accepts this offer (hereinafter - the Buyer), on the other hand, hereinafter together - the Parties, and each separately - a Party.

Terms and Definitions:

  • Acceptance - acceptance by the Buyer of the agreement in the form in which it is presented.
  • Website - the Seller's website containing the current list of Goods and their prices at the URL: www.luxor-ukraine.com.ua
  • Order - a properly completed electronic application form by the Buyer for the purchase of individual items from the assortment list, the total cost of Goods selected by the Buyer, the Goods themselves selected by the Buyer for purchase and delivery, as well as information about the Buyer (data that allows identifying the Buyer, delivery address, other notes).
  • Courier Delivery - a service for delivering Goods from the Seller to the Buyer within the stated timeframe.
  • Call Center Operator - a representative of the Seller who accepts Orders.
  • Buyer - an individual or legal entity, individual entrepreneur who has entered into contractual relations with the Seller under the terms specified in the Agreement.
  • Seller - a company that sells Goods presented on the Website.
  • Public Offer - a public proposal from the Seller addressed to any individual and legal entity with the purpose of concluding a purchase and sale agreement under certain conditions specified in the Agreement.
  • Goods - food products, dishes and beverages offered for sale according to the assortment and prices indicated on the Website, sold to the Buyer with delivery.
  • Third Parties - persons directly involved in the processing and fulfillment of Orders.

  1. General Provisions:

    1. This Agreement is concluded by providing full and unconditional consent of the Buyer to conclude the Agreement in full, without signing a written copy of the Agreement by the Parties.
    2. The Agreement has legal force in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine.
    3. The Buyer confirms the fact of familiarization and agreement with all terms of this Agreement in full through acceptance.
    4. This Agreement comes into effect from the moment of placing an Order. Thus, the Buyer agrees to purchase available Goods from the Seller and is valid until the Buyer receives the Goods from the Seller and full payment is made.
    5. The Seller's obligations under the Agreement are considered fulfilled from the moment the Seller issues the Goods to the Buyer.
    6. By concluding the Agreement, the Buyer confirms that they are fully familiar with and agree to the terms of the Agreement, and also, if the Buyer is an individual, gives permission to process their personal data for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, as well as receiving invoices, acts and other documents. Permission to process personal data is valid throughout the entire term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that they have been informed (without additional notification) about the rights established by the Law of Ukraine "On Personal Data Protection".

  2. Subject of the Agreement:

    1. The Seller undertakes to transfer ownership of Goods to the Buyer, the list of which is specified in the Buyer's order confirmed by the Seller, and the Buyer undertakes to pay for them and accept them in the manner and under the conditions provided by this Agreement.

  3. Rights and Obligations of the Parties

    1. According to the terms of this Agreement, the Seller undertakes to deliver Goods corresponding to the Buyer's order within the stated timeframe, and the Buyer undertakes to accept the goods and pay a certain amount of money for them.
    2. The Seller undertakes to:
      1. Not disclose any private information of the Buyer and not provide access to this information to third parties, except in cases provided by the current legislation of Ukraine.
      2. Sell goods and provide services provided by the terms of this Agreement.
      3. Provide consultations on website usage and Order placement issues.
      4. The Seller is not responsible for improper use of Goods by the Buyer who ordered them.
    3. The Seller has the right to:
      1. The Seller reserves the right to unilaterally terminate the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
      2. The Seller reserves the right to change this Agreement unilaterally before its conclusion.
      3. Make changes to information posted on the Website unilaterally and at its discretion.
      4. Involve third parties to fulfill its obligations to the Buyer.
      5. Change the delivery time of Goods ordered by the Buyer, after notifying the Buyer about such changes in advance.
    4. The Buyer undertakes to:
      1. Before placing an Order, familiarize themselves with the content of this Agreement, as well as payment and delivery terms on the Website.
      2. Comply with the terms of this Agreement.
      3. Accept Goods within the stated timeframe, pay for Goods before receiving them or at the moment of receiving them.
    5. The Buyer has the right to:
      1. Demand from the Seller the provision of services in accordance with the terms of this Agreement.

  4. Order Placement Procedure:

    1. The Buyer independently places an Order on the Website by adding Goods to the "CART" tab or verbally by phone at the numbers indicated on the Website, after familiarizing themselves with the Order Placement Rules.
    2. After selecting the list and quantity of Goods that the Buyer wants to purchase from the Seller on the Website, the Buyer fills in the data in the corresponding Order form, specifies the payment method and selects the "PLACE ORDER" option.
    3. The Buyer can receive Goods through delivery or pick up Goods independently.
    4. An Order is considered placed and accepted for execution only if:
      1. The Buyer completed the order placement actions on the Website, clicked the "Send" button, the Call Center Operator contacted the Buyer by phone to confirm the Order and informed the Buyer that the Order was accepted.
      2. The Buyer placed a Goods Order by phone through the call center and the Operator confirmed to the Buyer information that the Order was accepted for execution.
      3. In case the Call Center Operator does not confirm to the Buyer about accepting the order for work or the Buyer refuses to place the Order, such Order is considered unplaced and not subject to execution.
    5. The Buyer bears full responsibility for the accuracy of data they provide when placing a Goods Order.

  5. Sale of Goods and Provision of Services:

    1. The Seller may provide the Buyer with information related to Goods, Order placement and execution.
    2. The Seller is not responsible for the accuracy of information about goods provided by the manufacturer of such Goods and which is not produced by the Seller directly.
    3. The Seller ensures the availability of Goods indicated on the Website, but in the absence of Goods, the Seller may exclude it from the order after notifying the Buyer about this in advance.
    4. The Seller reserves the right to refuse the Buyer the sale and/or transfer of ordered Goods and/or provision of services due to improper performance by the Buyer of their obligations in accordance with this Agreement.

  6. Order Execution:

    1. The Buyer has the right to receive ordered Goods through self-pickup or use Courier Delivery services.
    2. Self-pickup is carried out by the Buyer from the Order pickup location specified by the Buyer when placing the Order.
    3. The Seller's working hours and delivery time are indicated on the Website. Delivery time may be changed by the Seller unilaterally. Circumstances related to human factors or force majeure circumstances may lead to the impossibility of Order execution or its untimely execution.
    4. Order delivery by courier is carried out by agreement with the Buyer and at the address specified by them when placing the Order.
    5. Ownership rights to Goods, as well as the risk of its accidental damage or loss, pass to the Buyer from the moment of Goods transfer. Payment for Goods by the Buyer indicates that there are no claims to the Goods and the Seller has properly fulfilled its obligation to transfer the Goods.
    6. Delivery to remote areas of the city is limited. Detailed information about the delivery area is indicated on the Website in the "Payment and Delivery" section.

  7. Payment for Goods:

    1. The Order amount consists of the total cost of ordered Goods.
    2. The price of Goods indicated on the Website may be changed by the Seller unilaterally. However, the price of Goods ordered by the Buyer is not subject to change.
    3. Payment for Goods is made by the Buyer in cash or by transferring funds to the Seller's current account, upon receiving the Order or by prepayment in an amount corresponding to the Order price.
    4. The Seller has the right to provide discounts on goods and establish a bonus program. Types of discounts, bonuses, procedure and conditions for accrual are indicated on the Website and may be changed by the Seller unilaterally.
    5. In case of introduction of taxes and fees that are not included in the cost of Goods (works, services) and are subject to payment by the Buyer, the amounts of such taxes and fees will be included as a separate line in the Order and are subject to payment by the Buyer together with the cost of ordered Goods.

  8. Liability of the Parties:

    1. For non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties bear responsibility in accordance with the current legislation of Ukraine.
    2. The Seller is not responsible for damage caused to the Buyer as a result of improper use of purchased Goods.

  9. Dispute Resolution Procedure:

    1. All disputed issues that may arise under this Agreement or in connection with its execution are resolved by the Buyer and Seller through negotiations. Pre-trial dispute resolution procedure is mandatory.
    2. In case the Buyer and Seller cannot reach agreement on disputed issues through negotiations, these issues are subject to resolution in accordance with the current legislation of Ukraine.

  10. Use of Information:

    1. By placing a Goods Order, the Buyer gives their consent to the Seller for the collection and processing (accumulation, storage, adaptation, recovery, use, distribution, depersonalization and destruction) of the personal data specified by them in accordance with the Law of Ukraine "On Personal Data Protection" dated 01.06.2010 No. 2297-VI. Only persons directly involved in the processing and execution of such Order have access to the Buyer's personal data, except in cases and within the limits provided by the current legislation of Ukraine.
    2. Personal data processing means any action (operation) or set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, blocking, deletion, destruction of personal data.
    3. The Buyer is obliged to provide accurate and truthful information when placing an Order in the volume necessary for purchasing Goods and providing services. Providing inaccurate information or not providing such information upon the Seller's request may be grounds for refusing to sell Goods.
    4. The Seller is not responsible for information provided by the Buyer on the Website in publicly accessible form.
    5. The Seller has the right to record telephone conversations with the Buyer, after notifying the Buyer in advance about recording this conversation. The Seller guarantees prevention of attempts of unauthorized use of the Buyer's personal data by third parties not related to order execution, except in cases provided by the current legislation of Ukraine.
    6. The Seller has the right to send informational, including advertising messages to the Buyer's email and mobile phone with their consent. The Buyer has the right to refuse receiving advertising and other information without explaining the reasons for refusal by sending a written statement about refusal to receive advertising and other information to the Seller at the address indicated on the Website. Service messages informing the Buyer about orders and stages of their processing are sent automatically and cannot be rejected by the Buyer.

  11. Intellectual Property

    1. All textual information and graphic images posted on the Website are the property of the Seller.

  12. Additional Terms:

    1. This agreement comes into force from the day of Order placement and is valid until all terms of the Agreement are fulfilled.
    2. The Website may temporarily suspend operation in connection with preventive or technical work.
    3. The Seller reserves the right to change prices and composition of goods at its discretion, after notifying the Buyer about this in advance.
    4. The Agreement is public and indefinite and is valid until its termination by any of the Parties in the manner established by this Agreement or current legislation, but in any case until the moment of its final execution by the Parties.
    5. This version of the Public Agreement is current.