Limited Liability Company “ФІАБЕСКО”, code according to USREOU 44257814 (hereinafter referred to as the “Restaurant”), on one side, and any individual who has accepted this offer (hereinafter referred to as the “User”), on the other side. Together, they are referred to as the Parties, and individually as a Party. This Agreement concerns the provision of restaurant services remotely (hereinafter referred to as the “Agreement”), which is an official public offer from the Restaurant to enter into an agreement with any User regarding the following:
1. DEFINITION OF TERMS
1.1. Public offer (hereinafter referred to as the “Offer”) – a public offer of the Restaurant, addressed to an unspecified group of persons, to conclude an Agreement with the Restaurant on the terms and conditions contained in this Offer.
1.2. User – any adult capable person who has accepted (accepted) the Agreement, and/or on whose behalf the Order was placed (the Agreement was accepted).
1.3. Acceptance – the User’s full and unconditional consent to conclude this Agreement in full.
1.4. Website – https://alfresco.com.ua/
1.5. Order – items specified by the User from the range of Restaurant services offered for sale when placing an application for the purchase of Restaurant services on the Website.
1.6. Restaurant services – the object of the agreement between the parties, a service, product and/or service that was selected by the User on the Site and placed in the cart, or already purchased by the User at the Restaurant remotely.
2. SUBJECT OF THE OFFER
2.1. The subject of this agreement is to provide the opportunity to receive the services of the Site, receive the content of the Site, and also to purchase for personal, family, household and other needs, as well as for needs related to the implementation of entrepreneurial activities, Restaurant services presented in the Site catalogue, as well as other services and services.
2.2. This agreement applies to all services, goods, services presented on the Site.
3. GENERAL PROVISIONS
3.1. The User’s order of Restaurant Services posted on the Site means that the User agrees with all the terms of this Offer in full and that the User has accepted (accepted) the Offer.
3.2. Any of the following actions is considered full and unconditional agreement (acceptance) with the terms of this Agreement:
3.2.1. registration by the User on the Site;
3.2.2. ordering by the User of Restaurant Services posted on the Site (application for the purchase of a service, product or service);
3.2.3. using the Site by viewing the materials and/or information posted on it.
3.3. The Site Administration has the right to make changes to the Offer without notifying the User.
3.4. Information about Restaurant Services is posted on the Site. By accepting the Offer, the User confirms that he is familiar with the information about Restaurant Services in full.
4. PRICE
4.1. Prices for each item of Restaurant Services are determined by the Restaurant independently and indicated on the Site.
4.2. The Restaurant has the right to unilaterally change the price for any item of Restaurant Services.
4.3. The User’s obligations to pay for Restaurant Services are considered fulfilled from the moment the Restaurant receives funds.
4.4. Settlements between the Restaurant and the User for Restaurant Services are made by the methods specified on the Site.
5. Оформлення замовлення
5.1. The User shall order Restaurant Services through the Site.
5.2. When registering on the Site and/or Ordering Restaurant Services at the Restaurant, the following registration information may be requested, which the User undertakes to provide:
5.2.1. last name, first name, patronymic/given name of the User;
5.2.2. User’s email address;
5.2.3. User’s contact phone number;
5.2.4. address to which the Restaurant Services should be delivered (if delivery is to the User’s address).
5.3. The Restaurant shall not be liable for the content and accuracy of the information provided by the User during registration.
5.4. The User shall be fully liable for the accuracy of the information provided during registration.
5.5. If any of the Parties to the Agreement requires additional information, it shall have the right to request it from the other Party. In case of failure to provide the necessary information by the User, the Restaurant is not responsible for providing quality Restaurant services to the User.
5.6. In case of cancellation of a fully or partially prepaid Order, the cost of the cancelled Restaurant services may be refunded by the Restaurant to the User upon agreement of the Parties.
6. RIGHTS AND OBLIGATIONS OF THE RESTAURANT
6.1. Provide the User with Restaurant services after confirming the payment and identifying the User as the payer of the payment.
6.2. Do not disclose to third parties the User’s personal data that he/she indicates during registration.
6.3. Accept and fulfil Orders during the Restaurant’s working hours.
6.4. The Restaurant has the right to temporarily suspend the operation of the Site for technical, technological or other reasons – for the time of elimination of such reasons with prior notice to the Users or without such notice.
6.5. The Restaurant has the right to assign or in any other way transfer its rights and obligations arising from its relations with the User to third parties.
6.6. In the event of a violation by the User of the terms of this agreement, the Restaurant has the right to suspend cooperation and/or Use of the Site for this User until the User eliminates the violations committed and compensates (compensates) the losses caused to the Restaurant by such violations in full.
6.7. The Restaurant reserves the right to terminate access to the personal account and block and/or cancel the registration without prior notice to the User, and bears no responsibility for termination of access to its services. In this case, the User’s information is destroyed, and the User’s registration is cancelled.
7. USER OBLIGATIONS
7.1. To receive Restaurant Services, pay its cost in a timely manner in accordance with the procedure provided for in this Agreement.
7.2. To comply with the terms of the Agreement.
7.3. The User agrees not to reproduce, repeat or copy, sell or resell, or use for any commercial purposes any parts of the site, use of services or access to them, except in cases where such permission is granted to the User by the Restaurant.
7.4. The Restaurant undertakes not to take actions aimed at causing damage to the software or hardware part of the site (distribution of virus programs, hacking of servers, etc.), and also to notify the Restaurant of any situations known to it that pose a potential threat to the safe functioning of the Site. The User undertakes to strictly comply with the terms of this Agreement and any amendments thereto.
8. RETURN OF RESTAURANT SERVICES
8.1. The return of the goods is carried out in accordance with the Law of Ukraine “On Protection of Consumer Rights”. Within 14 days, excluding the day of purchase, it is possible to return the goods under the following conditions:
• the goods were not in use;
• the integrity of the set and packaging is not broken;
• a document confirming payment is saved;
• the product does not belong to the list of goods of inadequate quality, the return of which is limited by the decision of the Cabinet of Ministers of Ukraine (resolution of March 19, 1994 No. 172).
8.2 The refund is carried out by returning the cost of the paid Restaurant services to a bank card, by postal order or in cash at the company’s office at the address specified on the Site in the “Contacts” section. The method of refund is agreed between the User and the Restaurant by phone or e-mail.
9. OTHER CONDITIONS
9.1. Any use of materials from the Site is not permitted without the written consent of its copyright holder. In the event of use of materials from the Site contrary to the above and/or violation of copyright and related rights of the Site owner, the guilty party shall be liable under the current legislation of Ukraine.
9.2. The Agreement shall be legally binding in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and shall have the same force as if it had been signed by the Parties.
9.3. The invalidity of individual provisions of this Agreement shall not result in the invalidity of its other provisions and the Agreement as a whole, if it can be assumed that the Agreement would have been concluded without the inclusion of the invalid provision.
9.4. In the event of any questions or complaints from the User, he must contact the Restaurant by phone or in another available way. All disputes arising between the parties will be resolved through negotiations; if no agreement is reached, the dispute will be referred for consideration to a judicial body in accordance with the current legislation of Ukraine.
9.5. In all matters not stipulated by this Agreement, the Restaurant and the User have agreed to be guided by the current legislation of Ukraine.
9.6. The Agreement is public. The Agreement is considered concluded at the location of the Restaurant from the date of acceptance. Information about the Restaurant (including location) and other details are publicly available information posted in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations.
9.7. The Agreement is valid until the obligations specified in it are fully fulfilled.
9.8. The Restaurant is not responsible:
– for the consequences of the application, use or non-use of the information obtained on the site.
– for the possible inconsistency of the results obtained when using the site with the user’s expectations.
– for any damage to the user’s equipment or software that occurred as a result of using the site.
– for the inability to use the site for any reason.
In the event of loss or disclosure of Personal Information, the Site Administration and the Restaurant are not liable if this information:
1) became or was public at the time of loss or disclosure;
2) became or was posted in Publicly Available Information Sources;
3) was received from a third party before its receipt by the Site Administration;
4) was disclosed with the User’s consent;
5) was disclosed by the User;
6) was disclosed by another party to the User.
9.9. The Restaurant is not liable to the User or third parties for any harm, losses or expenses that arose in connection with the use or non-use of the site, including lost profits or unearned income.
9.10. The User agrees that any information and images posted on the site may be used by the Restaurant at its sole discretion without paying the User any compensation.
9.11. The Restaurant does not bear any obligations to ensure confidentiality of information provided to its Users. The Restaurant is not responsible for any discrepancy between the services expected by the User and the services actually received/purchased by the Restaurant.
9.12. By accepting the Agreement, the User confirms that he has reached the appropriate age, which allows him to independently conclude this Agreement. By accepting the Agreement, the User voluntarily consents to the collection and processing of his personal data for the following purpose: the data that becomes known will be used for commercial purposes, including to obtain information about the order, fulfill this Agreement and process information about the order, determine the amount of payment, send advertising and special offers, information about promotions by means of communication (e-mail, mobile communication, via the Internet). The User guarantees that the provision of personal data of a person other than him/her when the User places an Order and/or registers and/or pays for Restaurant Services is carried out exclusively after obtaining the consent of such person other than the User.
9.13. The Parties are exempt from liability for violation of the terms of this Agreement if such violation is caused by force majeure circumstances, including: actions of state authorities (including adoption of legal acts, restrictions on work), fire, flood, earthquake, other natural disasters, lack of electricity and/or computer network failures, strikes, civil unrest, declaration of martial law, riots, any other circumstances, not limited to the above, that may affect the Parties’ performance of their obligations.
9.14. A mandatory condition for using the Site and its services is the User’s full and unconditional acceptance of the terms of the Privacy Policy and the Cookie Policy posted on the Site, thus, by accepting this Agreement, the User accepts and agrees with the Privacy Policy and the Cookie Policy posted on the Site.
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