This contract is an official and public offer of the Seller to conclude a contract of sale of the goods presented on the website "wenergycoffee.com". This contract is public, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers regardless of their status (individual, legal entity, sole trader), without giving any advantage to one buyer over another. By concluding this contract, the Buyer fully accepts the terms and procedures for placing an order, payment for goods, delivery of goods, return of goods, liability for faulty order and all other terms of the contract. The contract is concluded from the moment of clicking the "Confirm Order" button on the order placement page in the "Shopping Cart" section and receipt of the order confirmation in electronic form by the Buyer from the Seller.
1. Definition of terms
The use of services and purchase of goods, services online store wenergycoffee.com implies the agreement of the person who uses the services or buys goods with the rules, conditions, restrictions and other terms of cooperation set out in this document.
By accepting this Agreement, the Buyer confirms that
a) He/she is at least 18 years old at the time of purchase;
b) the information provided when ordering goods or services is accurate and up to date;
c) the contact information provided may be used for the purpose of informing you of changes in operations, promotional offers, or other information related to the Seller's business.
Based on the above, please read this contract (public offer) carefully and if you do not agree with any of the clauses of the offer, please leave the site.
In this Agreement, unless the context otherwise requires, terms shall be construed as follows:
"Offer" - the Seller's public offer to any natural or legal person to enter into a contract of sale on the existing terms and conditions set out in the Contract.
"Goods" - a list of items of the assortment presented on the official website of the Seller, but not limited to the website.
"Seller" - a company that sells the goods presented in the online store, but not limited to the website.
"Buyer" - a natural or legal person who has entered into a contractual relationship with the Seller under the terms and conditions specified in the Agreement.
"Acceptance" - full and unconditional acceptance by the Buyer of the terms and conditions of the Contract.
"Order" - individual items from the range of Goods specified by the Buyer when placing an order on the Seller's website or ordered in any other way.
"Courier Delivery" - direct transfer of Goods from the Seller to the Buyer by an independent contractor providing services to the Seller under a separately concluded contract. The seller does not deliver the goods itself.
Online store - Seller's webpage wenergycoffee.com
2. Subject matter of the contract
2.1 The Seller undertakes to transfer the Goods to the Buyer's ownership, and the Buyer undertakes to pay for and accept the Goods under the terms of this Contract.
2.2 The moment of entering into the Contract - offer (acceptance of the offer) and the moment of full and unconditional acceptance of the Contract terms by the Purchaser is the moment of filling in the order form by the Purchaser on the web page of the e-shop, provided that the Purchaser receives an electronic order confirmation from the Seller.
3. Placing an order
3.1 The Buyer independently places an order in the online store using the "shopping cart" form.
3.2 The Vendor has the right to refuse to transfer the order to the Purchaser if the information provided by the Purchaser when placing the order is incomplete or its validity is doubtful.
3.3 When placing an order on the website of the online store, the buyer undertakes to provide the following mandatory information necessary for the seller to fulfill the order
3.3.1. the Buyer's name and surname
3.3.2. the address to which the goods should be delivered (in case of delivery to the Buyer's address)
3.3.3. contact telephone number.
3.4 The name, quantity, article number and price of the Goods selected by the Purchaser are indicated in the Purchaser's shopping cart on the web page of the Online Shop.
3.5 If one of the parties needs additional information, it has the right to request it from the other party. In case the Buyer does not provide the necessary information, the Seller is not responsible for providing the Buyer with a quality service during the purchase of goods in the e-shop.
3.6 Acceptance of the terms and conditions of this offer by the Purchaser is done by entering the relevant data in the registration form on the webpage of the online shop.
3.7 The Buyer is responsible for the accuracy of the information provided when placing an order.
3.8 By concluding the contract, i.e. by accepting the terms and conditions of this offer (proposed terms of purchase of goods) by placing an order, the Purchaser confirms that
a) the Buyer is fully and completely acquainted with and agrees with the terms and conditions of this offer (quotation);
b) he/she authorizes the collection, processing and transfer of personal data, the authorization to process personal data is valid for the entire term of the Contract, as well as for an unlimited period after its termination. In addition, by signing the Contract, the Buyer confirms that he/she has been informed (without further notice) about the rights established by the Law of Ukraine "On Protection of Personal Data", about the purpose of data collection, as well as that his/her personal data will be transferred to the Seller in order to be able to fulfill the terms of this Contract, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to access and transfer his personal data to third parties, without any further notification to the Buyer, in order to fulfill the Buyer's order. The Buyer is aware of the scope of his rights as the subject of personal data in accordance with the Law of Ukraine "On Protection of Personal Data".
4. Price and delivery of goods
4.1 Prices for goods and services are set independently by the Seller and are indicated on the Website of the Online Shop. All prices for goods and services are indicated on the website in UAH.
4.2 Prices for goods and services may be unilaterally changed by the Seller depending on market conditions. At the same time, the price of a separate unit of the Goods, the cost of which has been fully paid by the Buyer, cannot be unilaterally changed by the Seller.
4.3 The price of the Goods indicated on the webpage of the Online Store does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the goods shall be paid by the Buyer directly to the delivery service (carrier) chosen by the Buyer in accordance with the valid tariffs of the delivery service (carrier).
4.4 Payments between the Seller and the Purchaser for the Goods are made in the manner specified in the "Payment and Delivery" section of the e-shop website.
4.5 Upon receipt of the goods, the Purchaser shall check the goods for compliance with qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date) in the presence of a representative of the delivery service (carrier).
4.6 The ownership and the risk of accidental loss or damage of the Goods shall be transferred to the Buyer or its representative at the moment of receipt of the Goods by the Buyer in the city of delivery of the Goods in case of independent delivery of the Goods by the Seller, or at the moment of delivery of the Goods by the Seller to the delivery service (carrier) chosen by the Buyer.
5. Rights and obligations of the parties
5.1 The Seller shall
5.1.1. Deliver the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer's Order.
5.1.2 Not to disclose any private information about the Buyer and not to provide access to such information to third parties, except as required by law and in the course of fulfilling the Buyer's order.
5.2 The Seller has the right to
5.2.1 Unilaterally change the terms and conditions of this Agreement, as well as the prices for the Goods and Services, by posting them on the Website of the Online Shop. All changes are effective from the moment of their publication.
5.3 The Buyer undertakes to
5.3.1 Before concluding the Contract, to acquaint himself/herself with the content of the Contract, its terms and conditions, as well as the prices offered by the Seller on the website of the e-shop.
5.3.2 In order to fulfill the Seller's obligations to the Purchaser, the Purchaser shall provide all necessary information that will unambiguously identify the Purchaser and is sufficient for the delivery of the ordered goods to the Purchaser.
6. Return of goods
6.1 The return of goods to the Internet shop is made according to the current legislation of Ukraine.
6.2 The return of goods to the Internet shop is made at the expense of the buyer.
6.3 If the Buyer returns the goods of proper quality, the Internet shop returns to him the amount of money paid for the goods on the fact of returning the goods minus the compensation of the costs of the Internet shop associated with delivery of goods to the Buyer.
6.4 The return of the goods, in the cases provided by the law and this agreement, is carried out at the address specified on the site in the "Contacts" section.
7. Liability
7.1 The Seller shall not be liable for improper, untimely fulfillment of orders and its obligations in case the Buyer provides inaccurate or false information.
7.2 The Seller and the Buyer shall be responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.3 The Seller or the Buyer shall be exempt from liability for full or partial failure to perform their obligations if the failure is a consequence of force majeure circumstances, such as: war or hostilities, earthquake, flood, fire and other natural disasters, occurring independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The party unable to perform its obligations shall immediately notify the other party.
8. Confidentiality and protection of personal data.
8.1 By providing his personal data on the web site of the online store during registration or placing an order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as to the performance of other actions provided by the Law of Ukraine "On Protection of Personal Data", without limiting the validity of such consent.
8.2 The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation if the Seller provides information to the counterparties and third parties acting on the basis of an agreement with the Seller, including for the purpose of fulfilling obligations to the Buyer, as well as in cases when disclosure of such information is required by the current legislation of Ukraine.
9. Force Majeure.
9.1 The parties shall be exempt from liability for failure to perform or improper performance of their obligations under this Agreement for the duration of the force majeure event. Force majeure means extraordinary circumstances which are insurmountable under the circumstances and which prevent the parties from fulfilling their obligations under this Agreement. They include natural phenomena (earthquakes, floods, etc.), public circumstances (military actions, states of emergency, major strikes, epidemics, etc.), prohibitive measures by public authorities (transport bans, currency restrictions, international sanctions, trade bans, etc.). During this period, the parties have no mutual claims and each party assumes the risk for the results of force majeure.
10. Copyrights.
All text information and graphic images published on the website of the online store (wenergycoffee.com) are the property of the seller and / or its suppliers and manufacturers of the goods.
11. information and its use.
11.1 The Buyer is obliged to provide accurate and truthful information to the extent necessary for the provision of the Services and/or the purchase of the Goods received or purchased. The information provided by the Buyer may be published in public sources.
11.2 Online store wenergycoffee.com has the right, at its discretion, to demand from the Buyer a documentary confirmation of the authenticity of the information provided.
11.3 Providing inaccurate information or providing such information at the request of the online store wenergycoffee.com may be a reason to suspend the provision of services or sale of goods. In this case, the online store wenergycoffee.com is not responsible for any losses incurred by the Buyer in case of suspension/non-performance of services or sale of goods in case of failure to comply with paragraph 12.1.
11.4 The Seller collects and processes the Buyer's personal data (namely Buyer's surname, first name, middle name, delivery address; contact phone numbers, e-mail address, etc.) in order to
- Fulfill the terms and conditions of this Agreement;
- Deliver the Products ordered by the Buyer to the Buyer.
11.5. By ordering the goods through the online store wenergycoffee.com, the Buyer consents to the collection and processing of such information.
11.6. Access to the Buyer's personal data is restricted to persons directly involved in the execution of the order.
11.7 The Seller undertakes: to maintain confidentiality of personal data of the Buyer; not to allow attempts of unauthorized use of personal data of the Buyer by third parties; to exclude access to personal data of the Buyer, persons not directly involved in the execution of the Order, except as provided by the current legislation of Ukraine.
Physical person entrepreneur
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Personal data processing policy
1. General provisions
This policy of personal data processing is made in accordance with the requirements of the Law of VR of Ukraine of 01.06.2010 № 2297-VI "On Personal Data" and determines the order of personal data processing and measures to ensure the security of personal data FLP (hereinafter - Operator).
Operator sets its main goal and condition for the implementation of its activities to respect the rights and freedoms of man and citizen in the processing of his personal data, including the protection of the right to privacy, personal and family secrecy.
The present policy of the Operator on the processing of personal data (hereinafter - the Policy) applies to all information that the Operator may obtain about the visitors of the https://www.wenergycoffee.com/ website.
2. Basic concepts used in the policy
Automated processing of personal data - processing of personal data with the help of computer equipment;
Blocking of personal data - temporary cessation of processing of personal data (except for cases when processing is necessary to clarify personal data);
Website - a set of graphic and informational materials, as well as computer programs and databases, ensuring their availability on the Internet at the network address https://www.wenergycoffee.com/;
Personal data information system - a set of personal data contained in databases and information technologies and technical means ensuring their processing;
Depersonalization of personal data - actions when it is impossible to determine, without the use of additional information, whether personal data belong to a particular user or other subject of personal data;
Processing of personal data - any action (operation) or set of actions (operations) performed with or without the use of automated means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, communication (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data;
Operator - a state authority, local authority, legal entity or natural person who, independently or jointly with others, organizes and (or) carries out the processing of personal data, as well as determines the purposes of personal data processing, the composition of personal data subject to processing, actions (operations) performed with personal data;
Personal data - any information directly or indirectly relating to a specific or identified user of the https://www.wenergycoffee.com/ website;
User - any visitor to the https://www.wenergycoffee.com/ website;
Disclosure of Personal Data - any action taken to disclose Personal Data to a specific person or a specific group of persons;
Dissemination of personal data - any actions aimed at disclosure of personal data to an unlimited number of persons (transfer of personal data) or making personal data known to an unlimited number of persons, including publication of personal data in mass media, placement in information and telecommunication networks or providing access to personal data in any other way;
Cross-border transfer of personal data - transfer of personal data to the territory of a foreign state to the authority of a foreign state, a foreign natural person or a foreign legal entity;
Destruction of personal data - any actions as a result of which personal data are irretrievably destroyed with the impossibility of further recovery of the content of personal data in the personal data information system and (or) as a result of which material carriers of personal data are destroyed.
3 The Operator may process the following personal data of the User
Name, first name, patronymic;
E-mail address;
Telephone numbers;
The website also collects and processes anonymous visitor data (including cookies) using Internet statistics services (Google Analytics and others).
The data referred to in the text of this Policy are collectively referred to as "Personal Data".
4. Purpose of processing the user's personal data
The purpose of processing the User's personal data is to inform the User by sending e-mails; to provide the User with access to services, information and/or materials contained on the Website.
The Operator also has the right to send the User notifications about new products and services, special offers and various events. The User may at any time opt-out of receiving such information by sending an e-mail to the Operator at support@wenergy.coffee with the subject line "Opt-out of notifications about new products and services and special offers".
The anonymous data of users, collected by means of Internet statistical services, are used to gather information about users' actions on the website in order to improve the quality of the website and its content.
5. Legal basis for processing personal data
The Operator processes the User's personal data only if it is filled in and/or sent by the User himself/herself through special forms placed on the website https://www.wenergycoffee.com/. By filling in the relevant forms and/or sending personal data to the Operator, the User expresses his/her consent with this Policy.
The Operator processes anonymous data about the User if this is allowed in the User's browser settings (cookies and JavaScript technology enabled).
6. Procedures for collection, processing, transfer and other types of processing of personal data
The security of personal data processed by the Operator is ensured by implementing legal, organizational and technical measures necessary for full compliance with the requirements of applicable legislation in the field of personal data protection.
The Operator guarantees the safety of personal data and takes all possible measures to prevent unauthorized persons from accessing personal data.
The User's personal data will never be transferred to third parties, except in cases related to the execution of the current legislation.
If the User finds any inaccuracies in his/her personal data, he/she may update them by sending a message to the Operator at the e-mail address support@wenergy.coffee with the note "Personal data update".
The period of processing personal data is unlimited. The User may withdraw his/her consent to the processing of personal data at any time by sending a message to the Operator at the Operator's e-mail address support@wenergy.coffee with the note "Withdrawal of consent to the processing of personal data".
7. Cross-border transfer of personal data
At the beginning of the transborder transfer of personal data, the operator is obliged to make sure that the foreign state, to the territory of which the transfer of personal data is to be carried out, provides reliable protection of the rights of personal data subjects.
Transborder transfer of personal data to the territory of foreign countries that do not meet the above requirements may be carried out only in the presence of written consent of the data subject to the transborder transfer of his/her personal data and/or fulfillment of the agreement to which the data subject is a party.