Before viewing this website, please carefully read these terms.
If you do not agree with these terms, do not use this website. The use of this website, including filling out various forms, applications, as well as ordering goods/services using this website, signifies your agreement with the terms of this Agreement.
Terms used in this User Agreement:
- Administration - the administration of the website www.myfruit.com.ua, individual entrepreneur Stanislav Ihorovych Pyatyhora "Individual Entrepreneur Stanislav Ihorovych Pyatyhora" (located at 61000, Kharkiv, Chernyshevska Street, building 8).
- Site - the website of the online store www.myfruit.com.ua, including all web pages; the owner of the online store is Individual Entrepreneur Stanislav Ihorovych Pyatyhora.
- Agreement - this user agreement.
- Seller - a legal entity or individual entrepreneur who places information about the goods they sell and the services they offer on the Site. The seller can be both the Administration and any person to whom the Site Administration has given permission to post information about their goods/services. The name of the Seller is indicated in the documents for the transfer of the Goods to the Recipient (acceptance and transfer acts or other documents confirming the fact of transferring the Goods to the Recipient).
- Goods - products, services, works, property rights, other material and non-material objects for which information is posted on the Site.
- User - a person who views information on the Site and/or places orders and/or receives Goods using the Site's tools. The Recipient and the Payer are Users.
- Order - a request from the User to the Seller through the Site to sell the Goods, as well as the aggregate of Goods ordered by the User.
- Payer - a person who pays for the Order.
- Recipient - the person indicated by the Payer as the authorized person to receive the Goods according to the Order. Unless otherwise specified in the Order form, the Recipient is the same as the Payer.
- Offer - information posted on the Site about a specific Product that can be purchased by the consumer. The Offer includes information about the product itself, its price, payment and delivery methods, as well as other conditions of purchase of the Product by the consumer. The terms of the Offer are determined by the Seller. The Offer is not an offer, but only information about the possible conditions of purchasing the Product.
1.1. The Site is a platform for posting offers for the sale of Goods by Sellers.
1.2. This Agreement is a public offer. By accessing the materials of the Site, the User thereby agrees to this Agreement.
1.3. The Site Administration has the right to unilaterally change the terms of this Agreement at any time. Such changes come into effect from the moment the new version of the Agreement is posted on the site.
1.4. The Offer on the Site is not an offer. However, after familiarizing themselves with the Offer, the User has the right to make an offer to the Seller(s) by filling out the Order form. Filling out the Order form is considered an offer by the User to the Seller(s) to purchase the relevant Goods on the terms specified in the Offer.
1.5. The User understands that their offer is forwarded by the Site Administration to the Seller chosen by the Administration. This provision does not mean that the Administration acts as an agent of the Seller and/or is responsible for the fulfillment of the Order by the Seller.
1.6. The offer is considered accepted by the Seller when the latter takes actions that indicate the acceptance of the User's offer, namely: actually ships the goods, starts providing services, or performs work in accordance with the conditions provided by the User's offer.
1.7. Sufficient evidence of the Seller's acceptance of an offer or a counteroffer (i.e., the agreement of the Parties on all essential terms of the Product sale) is the actual receipt and acceptance of the Product by the Recipient.
1.8. The dispatch of messages by the Seller and/or the Administration confirming the receipt of the User's Order and/or the delivery schedule and/or the price of the Product through electronic means (such as SMS notifications, email, phone, and others) shall not be considered as the Seller's acceptance of the User's Offer. This message serves solely as a notification of the Seller's receipt of the User's offer (but not its acceptance) and reproduces the terms of the offer provided by the User.
1.9. The sole means of compensation granted to the User in case the actual terms of the sale do not match the offer is the right of the User (Recipient) to refuse to receive and accept the corresponding Product and demand a refund of the paid price, as well as the cost of delivering the Product to the pick-up point (if the amounts were actually paid by the Payer). The Recipient has the right to exercise this right until the moment of signing the documents confirming the receipt of the Product (including carrier documents on the delivery of the shipment containing the Product to the Recipient).
1.10. The moment of receipt and acceptance of the Product by the Recipient is determined by the earliest occurrence of the following:
- The Recipient's signing of the Product acceptance-transfer document (or any other equivalent document confirming the transfer of the Product to the Recipient), or
- The Recipient's signing of the carrier documents confirming the receipt of the shipment containing the Product, or
- The actual receipt of the Product by the Recipient and the actions of the Recipient indicating the acceptance of the Product (e.g., the Recipient receives the Product and leaves the pick-up point, etc.).
1.11. Information about the Product.
1.11.1. Information about the Product is available on the website. Information about the Product may also be provided remotely (by phone or by placing information about the Product on the Website). The User confirms their consent to receive information about the Product through remote communication means +380095554505.
1.11.2. Upon receiving the Product, prior to signing the documents confirming the receipt of the Product, the Recipient is obliged to familiarize themselves with the information about the Product available on the website and/or in the accompanying documents. If additional information about the Product is required, the Recipient is obliged to contact the Seller and obtain the necessary information through remote communication means before accepting the Product.
1.11.3. The price of the Product indicated in the Offer is approximate. The price of the Product agreed upon by the Parties in accordance with Clauses 1.4–1.7 of the Agreement may be changed by the Seller until the moment of handing over the Product to the Recipient.
1.11.4. In case of a change in the price of the Product compared to the conditions agreed upon by the Parties in accordance with Clauses 1.4–1.7 of the Agreement, the Recipient does not have the right to refuse to receive and accept the Product. In this case, the Recipient (Payer) does not have the right to demand a refund of the paid amount for the Product or the amount paid for the delivery of the Product to the Recipient. No other compensations (including damages, penalties, and others) shall be provided by the Seller or the Administration.
1.12. Limitation of liability.
1.12.1. The website is a platform for Sellers to place their Offers. Therefore, the Administration (except in cases where the Administration is the Seller) is not responsible to Users (Payers, Recipients) for the fulfillment of Orders by Sellers and related issues, including but not limited to the compliance of the Offer's terms with the actual terms of the Product sale, the absence of the Product, delays in Product delivery, Product quality, and the proper fulfillment of warranty obligations by the Sellers and/or manufacturers.
1.12.2. The conditions stated in the Offer are preliminary conditions for the purchase of the Product. The conditions of the Offer may be changed by the Sellers, even after accepting the Order, but before the Product is handed over to the Recipient. The specific conditions of the Product sale by the Sellers may be determined and changed by the Sellers until the moment of handing over the Product to the Recipient.
1.12.3. In case of materials aging (including the terms of the Offer) on the Website, the Administration is not obliged to update them. Under no circumstances shall the Administration be liable for any damages (including but not limited to loss of profit, data, or business interruption) arising from the use, inability to use, or results of using this Website.
1.12.4. The Seller's liability for changes in the conditions of purchasing the Product compared to those stated in the Offer is limited to the right of the Recipient (User, Payer) to refuse the purchase of the Product and demand a refund of the paid amount (if already paid).
1.12.5. In any case, the amount of damages (both material and non-material) that may be paid to the User (Payer, Recipient) in connection with the violation of their rights while using the Website (including non-fulfillment or improper fulfillment of the Order and other violations of the User's rights) according to Article 22 of the Civil Code of Ukraine is limited to ten hryvnias.
1.12.6. Products that have a warranty period are subject to warranty obligations as specified in the warranty certificate and/or manufacturer's informational materials. If, according to the legislation of Ukraine, the Product is required to have a warranty period, but it is not specified by the manufacturer, the warranty period for such Product is one day.
1.3. The User is responsible for the accuracy of the data provided in the Order form. In case of any incorrect information provided in the order, resulting in additional expenses for the Seller related to the delivery of the Product to the wrong address or delivery of the Product not belonging to the Recipient, all associated losses and expenses shall be borne by the User. The Seller has the right to deduct the amount of such losses or expenses from the sums paid by the Payer as payment for the Product (offset counterclaims).
- Obligations of the Parties.
2.1. The User agrees to carefully read this Agreement. In case of disagreement with its terms, the User agrees to immediately cease using the Website.
2.2. The User agrees not to take actions that could be considered as a violation of Ukrainian legislation or international law, particularly in the field of intellectual property, copyright and/or related rights, as well as any actions that may lead to or result in the disruption of the normal operation of the Website and its services.
2.3. The use of materials from the Website without the consent of the right holders is not allowed. For lawful use of the materials of the Website, it is necessary to conclude license agreements (obtain licenses) from the right holders.
2.4. When quoting materials from the Website, including copyrighted works, which are protected, reference to the Website is obligatory.
2.5. The User's comments and other entries on the Website must not contradict the requirements of Ukrainian legislation and generally accepted norms of morality and decency.
2.6. The User is informed that the Website Administration is not responsible for visiting and using external resources that may be linked on the Website.
2.7. The User accepts that all materials and services of the Website or any part thereof may be accompanied by advertisements. The User agrees that the Website Administration is not responsible and has no obligations in connection with such advertisements.
2.8. The User understands that the Sellers are separate business entities not under the control of the Administration. The User acknowledges that the Administration has no authority to influence the performance of the Sellers' obligations regarding the acceptance and/or execution of the Order, as well as post-sale obligations.
- Exchange and Returns
3.1. The exchange and return of the Product (including the termination of the sales contract) is not possible in accordance with the Law of Ukraine "On Consumer Rights Protection."
3.2. When receiving the Product by mail, the return of such Product (including the termination of the sales contract) is carried out by mail, to the following address:
Kyiv, Post Office 181
Recipient: Pyatyhora Stanislav
Payer: 2nd person by non-cash payment.
3.3. In case of exchange and return, the Product must be sent in complete packaging, along with the following documents:
- Application for exchange or refund of money, indicating the reasons;
- Acceptance and transfer report (inventory sheet).
- Personal Data
4.1. By placing an Order on the Website myfruit.com.ua and/or checking the appropriate box on the website myfruit.com.ua before filling in their personal data, the User gives their consent to the Administration for the collection and processing (accumulation, storage, adaptation, restoration, use, dissemination, depersonalization, and destruction) of the provided data, namely: last name, first name, patronymic, email address, phone number, address, date and place of birth, identification number, citizenship; information about privileges, information about registration as an individual entrepreneur, information about marriage, information about income and expenses; phone number, place of work and position, work experience, date and reasons for dismissal from previous jobs, information about receiving pensions; marital status, property status (presence of real and/or movable property), actual place of residence, place of residence according to state registration, passport data (number, series, issued by whom and when), data about children and adopted children, and other data - for the purpose of ensuring the implementation of the purchase-sale relations, relations in the field of consumer rights protection, in the field of advertising and marketing research, as well as gives their consent to the transfer (distribution) of their data to TOV "NOVA POSHTA" (EDRPOU 31316718), other transport and forwarding organizations, any Banks and/or financial institutions, and other third parties (without limitation) at the discretion of FOP Pyatyhora S.I. This provision is valid indefinitely.
4.2. The source of the collection of personal data is the information directly and voluntarily provided by the User.
4.3. The owner of the provided personal data by the User is FOP Pyatyhora S.I. Address: 61000, Kharkiv, VULYTSIA CHERNYSHEVSKA, building 8.
4.4. The subject of personal data, in accordance with the Law of Ukraine "On Personal Data Protection," has the right to: know the sources of data collection, the location of their personal data, the purpose of their processing, the location or place of residence (stay) of the owner or controller of personal data or give appropriate authority to obtain this information to authorized persons, except as provided by law; receive information about the terms of providing access to personal data, in particular information about third parties to whom his personal data are transferred; access their personal data; not later than thirty calendar days from the date of receipt of the request, except as provided by law, receive an answer regarding whether their personal data are processed or stored, as well as receive the content of their personal data stored; make a reasoned request to the owner of personal data to object to the processing of their personal data; make a reasoned request for the change or destruction of their personal data by any owner and controller of personal data if this data is processed illegally or is inaccurate; protect their personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, non-provision or untimely provision, as well as protection from the provision of information that is inaccurate or discredits the honor, dignity, and business reputation of an individual; appeal to the authorities of state power and officials who are authorized to protect personal data, or to the court, with complaints about the processing of their personal data; apply means of legal protection in case of violation of legislation on personal data protection; make reservations about the restriction of the right to process their personal data during the provision of consent; revoke consent to the processing of personal data; know the mechanism of automatic processing of personal data; protect against automated decision-making that has legal consequences for them.
5.1. The User has the right to appoint a third party as the Recipient of the purchased Product. In this case, the Recipient must provide the necessary data for identifying the recipient and delivering the Product in the Order form. In this case, the relations between the parties are governed by the provisions of Article 636 of the Civil Code of Ukraine.
5.2. To receive the Product, the Recipient must provide a document confirming their identity (passport) upon receipt.
5.3. Upon receiving the Product, the Recipient is obliged to sign the documents, confirming the receipt of the Product.
5.4. All possible disputes arising from this Agreement or related to it shall be resolved in accordance with the current legislation of Ukraine.
5.5. Nothing in the Agreement can be construed as establishing agency relations, partnership relations, joint activity relations, personal employment relations, or other relations between the User and the Website Administration, not explicitly provided for in the Agreement.
5.6. If any provision of the Agreement is recognized as invalid or unenforceable by a court decision, it does not affect the validity and enforceability of other provisions of the Agreement.
5.7. Inactivity on the part of the Website Administration in the event of a breach of the Agreement by any user does not deprive the Website Administration of the right to take subsequent appropriate actions to protect its interests and protect the copyright of the materials on the Website, which are protected according to the applicable legislation. The User confirms that they have read all the provisions of this Agreement and unconditionally accepts them.