This Agreement is a public offer (hereinafter referred to as the “Offer”) by Sole Proprietor Yana Vyacheslavivna Hatsa (address: 03056, Kyiv, Borshchahivska Street, building 145, apartment 36, phone: +38 (093) 848-05-63, email: yanahatsa93@gmail.com, EDRPOU 3404600960) and sets the terms for providing food delivery services from a restaurant through the website https://nam.ua/kyiv (hereinafter referred to as the “Website”). By agreeing to the terms of this Agreement, any individual has the right to accept this Offer and acquire the status of Customer.
1. General Provisions
1.1. This Agreement is a public offer in accordance with Article 633 of the Civil Code of Ukraine and other applicable legal acts of Ukraine. The Agreement does not require signing in paper form and has the same legal force as an agreement signed in writing. The Customer accepts the terms of the Agreement (acceptance) by placing an order on the Website.
1.2. Information about the dishes, their price, delivery, and payment terms posted on the Website is an official offer to enter into an Agreement under the terms set forth in this Offer. The Restaurant reserves the right to change the terms of the offer without prior notice to the Customer, with the new terms taking effect upon their publication on the Website.
1.3. By placing an order, the Customer confirms full agreement with the terms of this Offer. If the Customer disagrees with the terms of the Agreement, they are not entitled to place an order. By entering into this Agreement, the Customer confirms that they have familiarized themselves with and agree to all the terms.
2. Definitions
2.1. Restaurant – a business entity that owns the website https://bao.ua/kyiv and prepares food and provides its delivery through this online service. The Restaurant is obliged to ensure the proper quality of the dishes, their delivery, and compliance with the terms of this Agreement.
2.2. Customer – a natural or legal person who accepts the terms of this Agreement by placing an order on the Website and paying for the dishes. The Customer agrees to comply with the terms of this Agreement and is responsible for the accuracy of the data provided.
2.3. Dish – prepared food presented on the Website, which the Customer may order for delivery. Each dish is accompanied by a description containing information about its key characteristics, price, ingredients, and other relevant details.
2.4. Delivery – a service provided by the Restaurant or a delivery service, which includes the transportation of ordered dishes to the Customer’s specified address.
3. Subject of the Agreement
3.1. The Restaurant undertakes to prepare and deliver the dishes selected by the Customer on the Website, and the Customer agrees to accept and pay for the dishes under the terms outlined in this Offer. Delivery is carried out according to the terms of this Agreement and the current legislation of Ukraine.
3.2. The terms of this Agreement apply to all dishes presented on the Website at the time the order is placed. The Customer agrees that the appearance of the dishes may slightly differ from the images on the Website due to the nature of preparation, ingredients, or other technical reasons.
3.3. The Restaurant reserves the right to refuse to fulfill an order in case of inaccurate information provided by the Customer or in case of unforeseen circumstances preventing the fulfillment of obligations under this Agreement.
4. Order Procedure
4.1. The Customer independently selects dishes on the Website, familiarizes themselves with their description and order conditions, and then places an order through the electronic form. The Customer agrees to provide accurate and up-to-date data when placing the order, such as contact information, delivery address, the number of dishes, and other necessary details.
4.2. The order is considered accepted after being confirmed by the Restaurant by phone or email, depending on the communication method chosen by the Customer. Upon confirmation, the Restaurant provides the Customer with information regarding the delivery, payment, and preparation times for the order.
4.3. In the event of errors or incorrect data during the order process, the Customer agrees to immediately inform the Restaurant to correct the information and clarify the order details.
4.4. If the selected dish is temporarily unavailable or its preparation is not possible due to technical or logistical reasons, the Restaurant agrees to promptly inform the Customer and offer alternative dishes or a refund.
5. Price and Payment
5.1. The price of the dishes is indicated on the Website and may be changed by the Restaurant unilaterally before the Customer places the order. All prices on the Website are in Ukrainian currency – hryvnia, and include taxes as required by law.
5.2. The Customer agrees to pay for the ordered dishes in full, according to the selected payment method available on the Website. Payment can be made via payment systems, bank transfer, or other methods specified on the Website. Payment is considered complete when the funds are credited to the Restaurant’s account.
5.3. In case of a price change after the order has been placed, the Restaurant agrees to inform the Customer. If the new price does not suit the Customer, they have the right to cancel the order or modify it accordingly.
6. Dish Delivery
6.1. The ordered dishes are delivered to the address specified by the Customer when placing the order. Delivery costs and terms may vary depending on the Customer’s geographical location and the chosen delivery method.
6.2. Delivery times depend on the Customer’s location and the current workload of the delivery service. The estimated delivery time is indicated during the order process, and the Customer has the right to obtain additional information about the order status by contacting the Restaurant’s support service.
6.3. The Restaurant is not responsible for delivery delays caused by third parties (courier service) or circumstances beyond the Restaurant’s control, such as weather conditions, traffic, or accidents. In such cases, the Restaurant will make every effort to expedite the delivery process.
7. Rights and Obligations of the Parties
7.1. The Restaurant has the right to:
7.1.1. Require the Customer to comply with the terms of this Agreement, timely payment for the dishes, and provide accurate delivery information.
7.1.2. Refuse to fulfill an order if the Customer violates the terms of this Agreement or provides inaccurate information.
7.1.3. Make changes to the information about the dishes and their sale conditions, without violating the Customer’s rights regarding already placed orders.
7.2. The Customer has the right to:
7.2.1. Receive the ordered dishes in accordance with the terms of this Agreement.
7.2.2. Request complete and accurate information from the Restaurant about the dishes, their ingredients, delivery, and payment conditions.
7.2.3. Cancel the order before receiving the dishes but agrees to compensate the Restaurant for the costs incurred in preparing the dishes and organizing delivery if provided by the Agreement.
7.2.4. File a claim or request a refund in case of defects in the dishes, delivery conditions, or other justified reasons.
7.3. The Customer agrees to:
7.3.1. Provide accurate and up-to-date data when placing the order necessary for its fulfillment.
7.3.2. Timely pay for the ordered dishes in accordance with the terms of this Agreement.
7.3.3. Ensure the possibility of receiving the order at the specified address within the agreed timeframe. If the Customer is absent or delivery is impossible due to inaccurate data provided, the Customer agrees to cover the costs of a repeat delivery.
7.3.4. In case of dissatisfaction with the quality of the dishes or delivery conditions, promptly notify the Restaurant to resolve the situation.
8. Liability of the Parties
8.1. The Restaurant is responsible for the quality of the prepared dishes, their compliance with the description on the Website, and the timely organization of delivery according to the terms of this Agreement. In case of defects or violations in delivery terms, the Restaurant agrees to compensate for the losses or replace the dishes.
8.2. The Customer is responsible for the accuracy of the contact and payment data provided during the order process. In case of incorrect information that results in the inability to deliver or delay in fulfilling the order, the Customer takes responsibility for additional costs.
8.3. The Restaurant is not responsible for delivery delays related to circumstances beyond its control, including but not limited to force majeure, traffic jams, weather conditions, technical failures, or third-party actions. In such cases, the Restaurant makes every effort to resolve the situation promptly.
8.4. All claims regarding the quality of dishes or delivery conditions must be submitted by the Customer within 24 hours of receiving the order. After this period, claims regarding food quality are not accepted.
9. Dispute Resolution
9.1. Any disputes and disagreements that may arise in the course of executing this Agreement are resolved through negotiations between the parties. The Customer can contact the Restaurant’s support service to resolve any disputes.
9.2. If the parties cannot reach an agreement through negotiations, the dispute is referred to the court in accordance with the current legislation of Ukraine. Jurisdiction is determined by the location of the Restaurant or the Customer, unless otherwise stipulated by law.
9.3. Claims to the Restaurant must be submitted in writing or through electronic communication channels. The Restaurant agrees to review the claim and provide a response within 5 business days from the date of receipt.
10. Final Provisions
10.1. This Agreement enters into force upon acceptance by the Customer and remains in effect until the parties fulfill their obligations.
10.2. The Restaurant reserves the right to amend this Agreement unilaterally without prior notice to the Customer. The new terms take effect upon their publication on the Website, except for already placed orders, for which the terms in force at the time of ordering
Details of the Contractor:
Sole Proprietor Yana Vyacheslavivna Hatsa
EDRPOU 3404600960
Address: 03056, Kyiv, Borshchahivska Street, building 145, apartment 36
Phone: +38 (093) 848-05-63
Email: yanahatsa93@gmail.com
Mailing Address: 03056, Kyiv, Borshchahivska Street, building 145, apartment 36