Public offer agreement
Terms of Use
1. General Provisions
1.1. This agreement defines the terms of use by Users (Buyers) of the materials and services of the website www.waily.com.ua (hereinafter referred to as the website, online store, seller).
1.2. This Public Offer Agreement is public, meaning that according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur). By fully agreeing with this Agreement, the User (Buyer) accepts the terms and procedures for ordering, paying for, and delivering goods and the responsibility for not fulfilling the conditions of this agreement.
1.3. The offer (proposal to conclude this agreement) is valid indefinitely, taking into account the conditions outlined in this offer, until the Administration of the site terminates its validity or replaces this proposal with a new version.
1.4. The site administration has the right to change the terms of this Agreement unilaterally at any time. The amended agreement comes into force from the moment it is published on the website. The User (Buyer) cannot propose their own terms and can only join the proposed offer.
1.5. According to the Civil Code of Ukraine, full and unconditional acceptance of the terms of the public contract (acceptance), i.e., the public offer of the site, is the fact of placing an order by clicking on the "Place Order" link in the cart, as well as in case of paying for the order in the amount of 100% under the terms of this agreement.
1.6. The public offer is also considered accepted (accepted by the Buyer) when the Buyer registers on the website of the online store. By registering on the Waily company's website, independently choosing a LOGIN and PASSWORD for access to the online store (website), the Buyer thereby confirms that they agree with:
- the terms of this public agreement;
- the contact details and requisites of the Seller;
- the provisions on the processing and protection of personal data in personal data databases owned by the Seller;
- the prices and pricing policy of the Seller;
- the terms of delivery of the goods;
- the warranty conditions and warranty obligations of the Seller.
2. Registration on the Website
2.1. To place an order and use the full range of services offered by the Waily company, the User (Buyer) can complete the registration procedure on the website and provide the necessary data in the form.
2.2. When registering on the website, the User (Buyer) is required to provide accurate and correct information about themselves and their contact details for the company to fulfill its obligations and deliver the ordered goods. The User (Buyer) is responsible for the consequences of providing false information.
2.3. During the registration process on the website, the User (Buyer) specifies a login and password, for the security of which they are responsible. The User (Buyer) is solely responsible for actions performed on their behalf and using their login and password.
2.4. By registering on the Waily company's website, independently choosing a login and password for access to the online store (website), the Buyer thereby confirms that they agree with:
- the terms of this public agreement;
- the contact details and requisites of the Seller;
- the provisions on the processing and protection of personal data in personal data databases owned by the Seller;
- the prices and pricing policy of the Seller;
- the terms of delivery of the goods;
- the warranty conditions and warranty obligations of the Seller.
3. Confidentiality and Personal Data
3.1. The information provided by the User (Buyer) is confidential. The site administration uses this information to fulfill the User's (Buyer's) order unless other purposes are specified in the agreement.
3.2. By registering on the Waily company's website, independently choosing a login and password for access to the online store (website), the User (Buyer) consents to the collection and processing of their personal data for the following purposes: processing and sending the order, receiving information about the order, sending advertising and special offers about promotions, giveaways, new products, and any other information about the marketing activities of the Waily company via telecommunications means (SMS, email, messages in Viber, Telegram, or Instagram).
3.3. For the purposes provided in this clause, the Waily company has the right to send emails, SMS messages, and make phone calls to the phone number specified when placing an order or registering on the website.
3.4. The User (Buyer) consents to the use of cookies. Cookies do not contain personal information and cannot read information from the User's (Buyer's) hard drive in any way. Cookies are used to improve service quality: quick identification of the User (Buyer), saving settings, personal preferences, etc. If the User disables the cookie technology, the administration does not guarantee the functioning of all site services.
3.5. The User (Buyer) grants the site administration permission to process their personal data, including: placing their personal data in a database and storing, updating, or changing it (without additional notification). The administration undertakes to protect the data from unauthorized access by third parties and not to transfer the data except when necessary for direct processing of this data and upon mandatory request by competent state authorities.
3.6. If the User (Buyer) does not wish to receive messages about promotional offers and new products from the company, they can opt out by notifying the Administration.
4. Order Placement Procedure
4.1. The Buyer places the order independently in the online store. The Buyer is responsible for the order placement procedure and product selection. After placing the order, the Buyer receives a confirmation email containing all the order details, including payment and delivery terms, and an SMS to the specified phone number with the order number and payment details. When placing an order via Facebook, Instagram, Telegram, or by phone, the notification is carried out through the respective communication channel.
5. Limitation of Administration's Liability
5.1. The administration is not responsible for possible inaccuracies and typographical errors in the materials on the website. The administration makes every effort to ensure the accuracy of the information. All materials are provided on an "as is" basis.
5.2. The administration is not responsible for any damage, loss, or expenses caused by the use or inability to use the website.
5.3. The website administration is not responsible for:
5.3.1. Delays or failures in the transaction process due to malfunctions in telecommunications, computer, or electrical systems.
5.3.2. Actions of transfer systems, banks, payment systems, and delays related to their operation.
5.3.3. Proper functioning of the website if the User does not have the appropriate technical means for its use.
6. Exclusive Rights
6.1. All objects available through the services of the website, including design elements, text, graphic images, videos, databases, and other objects or content posted on the website, are the property of the Administration and other Rightsholders.
6.2. The User is allowed to use the content elements of the services or content for personal non-commercial use, provided that the information about authorship is preserved, and the name/title of the Rightsholder and the corresponding object remain unchanged.
6.3. For any questions regarding rights, as well as other questions or proposals related to this Agreement, you can contact us by writing to waily.odessa@gmail.com.
7. Exchange and Return of Goods
7.1. According to the Resolution of the Cabinet of Ministers of Ukraine No. 172 dated 19.03.1994, food products of proper quality are not subject to exchange and return.
7.2. Upon receipt, check the (original) packaging for integrity and ensure that the product matches your order. If the (original) packaging is damaged, we will send a similar product and cover the delivery cost or refund the order amount at your choice. The product is not subject to exchange or return after you damage the packaging or use the product.
7.3. To submit a request for exchange/refund, please send us the following documents in any convenient way (Instagram, Viber, Telegram, email):
- a photo of the received product clearly showing the damage;
- a receipt of acceptance-transfer completed at the NP branch at the time of receiving the shipment.
7.4. The request submission period is one day from the time of receiving the product.
7.5. The request processing and refund period is two business days (excluding the time required by the intermediary bank for the money transfer).