Public offer agreement

TERMS AND CONDITIONS

https://order.bestwayfoods.com.ua
Terms and Conditions of the website
https://order.bestwayfoods.com.ua Version 1.0 dated August 8, 2024

1. GENERAL PROVISIONS

1.1. These Terms of Use (hereinafter referred to as the “Agreement”) constitute a public offer governing the use of the website https://order.bestwayfoods.com.ua (hereinafter referred to as the “Website”) between the Website owner (hereinafter referred to as the “Website Administration”) and third parties — individuals and/or legal entities (hereinafter referred to as the “User”).

1.2. The User undertakes to fully review this Agreement prior to using the Website and registering on it, as well as prior to providing any information to the Website Administration by any means, including but not limited to: telephone communication, mobile applications, submission of information for feedback purposes, etc.

1.3. Registration on the Website or submission of personal information by the User through any of the methods specified in clause 1.2 of this Agreement constitutes the User’s full and unconditional acceptance of the terms of this Agreement.

1.4. If the User does not agree with the terms of this Agreement, the use of the Website must be immediately discontinued.

2. INTELLECTUAL PROPERTY RIGHTS

2.1. All results of intellectual activity and means of individualization published on the Website, including but not limited to design elements, graphic images (including illustrations), photographic works, text, audiovisual works, and other works, as well as trademarks and industrial designs, are protected in accordance with the applicable legislation of Ukraine. All such intellectual property objects, individually and collectively, constitute protected content (hereinafter referred to as the “Content”).

2.2. The Website and all materials published on it, including all Content, are the property of the Website Administration.

2.3. Use of the Website, including its Content, is permitted solely for informational purposes and for the purpose of obtaining goods, works, or services (hereinafter referred to as “Goods”) provided by the Website Administration. Commercial use of the Website or its Content is prohibited unless otherwise expressly agreed in writing with the Website Administration.

2.4. Quotation of textual materials published on the Website is permitted provided that an active hyperlink to the Website or to the relevant section containing the quoted Content is included.

2.5. The User agrees not to reproduce, duplicate, or copy any parts of the Website, except in cases where such permission has been expressly granted by the Website Administration.

3. WEBSITE USE PROCEDURE

3.1. The Website allows Users to view and download information for personal or commercial use. Modification of Website materials or distribution of Content for public and/or commercial purposes is prohibited.

3.2. Registration on the Website is carried out through a regional sales manager (information available at https://bestwayfoods.com.ua/regionalni-menegery/), who is authorized by the Website Administration to collect information and perform User registration.

When registering or providing information to a regional manager or the Website Administration by any means (including but not limited to telephone communication, mobile applications, submission of information for feedback purposes, etc.), the User consents to providing accurate and reliable information about themselves and their contact details for the stated purposes. During registration, the User receives a login and password, for the security of which the User bears personal responsibility.

3.3. After registration, the User may review the assortment and prices of Goods and, upon conclusion of a purchase and sale / supply agreement with the Website Administration, place orders via the Website at https://order.bestwayfoods.com.ua/login, by phone (as indicated on the Website), through feedback forms, or by other methods offered on the Website. Payment and delivery terms are governed by the agreement concluded between the Website Administration and the User.

3.4. The Website prohibits direct or indirect insults toward third parties, calls for violent change of the constitutional order or seizure of state power, calls for changes to administrative or state borders of Ukraine, violation of the constitutional order of Ukraine, offensive behavior, statements intended to provoke sharp and/or negative reactions from other Users, as well as any actions or messages prohibited under the legislation of Ukraine.

4. CONFIDENTIALITY, PERSONAL DATA, AND SECURITY

4.1. Information provided by the User to the Website Administration is considered confidential.

4.2. By accepting this Agreement, the User gives full and unconditional consent to the collection, processing, and use of their personal data in accordance with the Law of Ukraine “On Personal Data Protection”.

4.3. The User consents to the collection, use, processing, and storage of personal data for the purpose of providing services via the Website, processing and fulfilling orders, sending order-related information, as well as sending marketing and promotional communications (via SMS, email, Viber, Telegram, WhatsApp, Instagram, Facebook, etc.) regarding promotions, new products, and other marketing activities of the Website Administration.

By agreeing to this Agreement, the User confirms that they are of legal age and consents to receiving service messages through verified communication channels (including but not limited to Viber, Telegram, WhatsApp, Instagram, Facebook, email, and SMS), and does not object to receiving phone calls.

The User also consents to the use of cookie technology. Cookies do not contain personal data and cannot access information from the User’s hard drive. Cookies allow the Website Administration to personalize the Website and advertising and to analyze how users interact with the Website. Disabling cookies may affect the availability of certain Website functions.

4.4. The Website Administration collects only such personal data as is voluntarily provided by the User and is necessary to provide and/or improve services or sell Goods.

4.5. The Website Administration takes appropriate measures to prevent unauthorized access to Users’ personal data.

4.6. The Website Administration is not responsible for the actions of third parties (including Internet service providers) regarding the security of communication channels used to transmit information to or from the Website.

4.7. The Website Administration does not transfer personal data to third parties except as required by Ukrainian law. Upon written request sent to the Website Administration’s email, the User has the right to access, update, or request deletion of their personal data.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The User has the rights and obligations provided for by this Agreement and applicable Ukrainian law.

5.2. The User shall use the Website, services, materials, and Content in compliance with this Agreement.

5.3. The User shall not:

·        copy, distribute, upload, transmit, sell, or otherwise use the intellectual property of the Website Administration without consent;

·        publish knowingly false information;

·        impersonate another person or organization without authorization;

·        engage in any unlawful actions contrary to Ukrainian law or this Agreement.

5.4. The Website Administration shall make reasonable efforts to maintain Website functionality but does not guarantee uninterrupted operation.

5.5. The Website Administration may remove any User content or restrict access if it violates applicable law or this Agreement.

5.6. The Website Administration may send informational and/or promotional messages via verified communication channels, which shall not be considered spam.

6. DISCLAIMER OF WARRANTIES

6.1. The Website, Content, and all materials are provided “AS IS” without any warranties, express or implied, to the extent permitted by Ukrainian law.

6.2. Disclaimer of warranties applies only within the limits permitted by applicable legislation.

7. LIMITATION OF LIABILITY

7.1. The Website Administration is not liable for errors, inaccuracies, or omissions on the Website, though reasonable efforts are made to ensure accuracy.

7.2. The Website Administration shall not be liable for any damages resulting from the use or misuse of Goods and/or services.

7.3. The Website Administration is not responsible for inaccurate personal data provided by the User.

7.4. The Website Administration is not liable for unlawful actions of Users or third parties.

7.5. The Website Administration is not liable for losses incurred due to inability to use the Website.

7.6. The Website Administration and its communication channels (including Telegram, WhatsApp, Viber, etc.) bear no liability for any messages sent to Users.

8. EFFECTIVE TERM OF THE AGREEMENT

8.1. This Agreement enters into force upon User acceptance and remains effective for the entire period of Website use.

9. AMENDMENTS

9.1. The Website Administration may amend this Agreement at any time. Amendments are published on https://order.bestwayfoods.com.ua.

9.2. Amendments apply to all Users and take effect immediately upon publication.

 

WEBSITE OWNER INFORMATION

Limited Liability Company “BEST WAY FOODS”
Company Identification Code: 40582973
Registered Address: Ukraine, 03067, Kyiv,
Mashynobudivna Street, Building 41
IBAN: UA193209840000026009210403913
ProCredit Bank JSC
Phone: +38 044 360 23 74
Email: order@bestwayfoods.com.ua