Public Offer

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PUBLIC OFFER AGREEMENT

on the sale through Electronic Infrastructure

 

    This offer agreement on the implementation of the sale through the Electronic Infrastructure (hereinafter referred to as the "Terms") establishes the essential conditions for the provision of services for the manufacture and sale of catering products and other goods.

   Terms of a public offer - a proposal to conclude an Agreement for the retail sale of goods and the provision of catering services and their delivery by the Seller to the Buyer. The Buyer, having read these Terms, joins them and expresses his consent to them by performing the actions specified in these Terms.

    On the Website, in the Mobile Application and in the Telegram Bot, information is provided about the main consumer properties of the Goods, the address (location) of the seller, the place of manufacture of the goods, the full brand name (name) of the seller (manufacturer), the price and terms of purchase the goods, their delivery, the procedure for paying for the goods, the expiration date, as well as the period during which the proposal to conclude the Offer Agreement (hereinafter referred to as the Offer) is valid.

 

1.Definitions and terms

  For the purpose of proper interpretation of the terms of the contract - offer, the terms below are used in the following meaning:

1.1. Offer - a public offer of the Seller, addressed to any individual or legal entity, to conclude a sale and purchase agreement with him (hereinafter - the "Agreement") on the existing conditions contained in the Agreement, including all its annexes; 

-Buyer - any natural or legal person with civil legal capacity who intends to order or order the Goods on the website yaponamama.uz (including through mobile applications or by phone call to the operator), using catering services exclusively for personal, family, household and other needs , not related to the implementation of entrepreneurial activity and agreed to purchase goods and provide catering services in accordance with these Terms. 

1.2. Seller - Fish and Bread group of companies  

1.3. Product - products in accordance with the assortment presented on the Seller's website at fishandbread . com and in the mobile application;  

1.4. Order - individual items (item) from the assortment list of Goods, selected and ordered by the Buyer on the Seller's website, via a mobile application or by phone numbers indicated on the Website and issued for delivery to the address indicated by the Buyer;  

1.5. Website - the website of the fishandbread Seller . com ;   

1.6. Mobile Application - FishandBread mobile application hosted in GoogleMarket and AppStore ;  

1.7. Telegram bot is a program (bot) running on the basis of the Telegram messenger with the username @fishandbreadbot .  

1.8. Call- center is a division of the Seller engaged in order processing and informing via voice communication channels via the telephone number +99871 202 02 02.  

1.9. Electronic infrastructure - Website, Mobile application, Telegram bot and Call center combined.  

1.10. Delivery service - the Seller's employees or the Seller's representatives delivering the Goods to the Buyer.  

1.11. In this offer, other terms that are not defined in this section may be used. In this case, the interpretation of such a term is made in accordance with the text of the contract - offer. In the absence of an unambiguous interpretation of the term in the text, one should be guided by the interpretation of the term defined on the website of the online store https: //fishandbread.com / on the Internet, and in the part not regulated by it - by the current legislation of the Republic of Uzbekistan, or used in business circles  

 

2. General provisions

2.1. These Terms and Conditions, as well as information about the Goods and services provided in the Electronic Infrastructure, are a public offer in the sense of Article 367 and paragraph 2 of Article 369 of the Civil Code of the Republic of Uzbekistan to conclude an Agreement for the retail sale of goods and services.

2.2. The relations between the Buyer and the Seller are subject to the provisions of the Civil Code of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan "On Protection of Consumer Rights", the Rules for the production and sale of catering products (services) in the Republic of Uzbekistan, and other legal acts adopted in accordance with them.

2.3. Acceptance is the receipt by the Seller of confirmation of the Buyer's intention to purchase the goods on the terms proposed by the Seller, who agrees to these Terms, accepts them and joins the terms of this Offer as follows:

- by clicking the "Place an order" button at the last stage of placing an Order on the Website, Mobile Application and Telegram Bot,

- self-registration on the Site,

- order confirmation by phone through the Call Center.

2.4. The order of the Goods placed by the Buyer in the Electronic Infrastructure is a confirmation of the Agreement concluded between the Seller and the Buyer.

2.5. The ownership of the Ordered Goods passes to the Buyer from the moment of the actual transfer of the Goods to the Buyer and the latter paying the full cost of the Goods. The risk of damage to the Goods passes to the Buyer from the moment of the actual transfer of the Goods to the Buyer. By signing on the receipt, the Buyer confirms the acceptance of the complete set.

2.6. By accepting (accepting) these Terms, the Buyer confirms his consent and permits the Seller to process his data, including: name, delivery address, telephone, e-mail address. The processing of personal data in these Terms means: collection of the above data, their systematization, accumulation, storage, clarification (update, change), use, blocking, destruction, transfer to third parties for the purpose of conducting marketing activities and research.

2.7. By accepting these Terms, the Buyer agrees and permits the Seller and its services to process the Buyer's personal data using automated database management systems, as well as other software and hardware, agrees to receive sms messages, to participate in marketing promotions and events, and also to receive promotional messages.

2.8. The Seller undertakes to ensure the confidentiality of the personal data provided by the Buyer, their protection from copying, distribution. At any time, the Buyer has the right to request a list of his personal data and / or demand to change, block or destroy his personal data by calling the Seller at +99897 333 85 75 , indicating the name, phone number, Email address, and delivery address, or by sending electronic notification at: info@fishandbread . com 

2.9 In cases of holding promotions on the part of the Seller, the Buyer, if necessary, must provide his personal data to the Seller's employees in person either by sending an email \ via telegrams or through another communication channel, which automatically confirms the Buyer's full consent to the processing of his personal data and consent to this Offer.

2.10. The Seller has the right to change or supplement these Terms at any time, both with and without notice to the Buyers (depending on the severity of the changes). The current version of the offer agreement is always on the Seller's website. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.

2.11. Based on the foregoing, the Buyer must carefully read the text of the contract - the offer, and if he does not agree with any condition, he is invited to inform orally or in writing about the controversial clauses of the contract - the offer to the employees of the Seller or refuse to purchase the Goods provided by the Seller ...

2.12. The electronic infrastructure is the property of the Seller and is designed to organize a remote way of selling goods via the Internet. 

 

3. Registration and terms of execution of the Order

3.1. The order can be placed by the Buyer in one of the following ways:

- by placing an Order on the Site,

- by placing an Order through the Call Center,

- using the Mobile application

- using the Telegram bot. 

3.2. When placing an Order through the Electronic Infrastructure, the Buyer confirms that he is familiar with these Terms and Conditions and provides the Seller with all the information necessary for the proper execution and execution of the Order.

3.3. To place an Order by the Buyer using the Mobile Application, Telegram Bot or Website, it is necessary to select the appropriate product from the “Menu” sections, select the quantity of the product and add the Product (s) to the basket. When ordering two or more items of the Goods, the described operations must be repeated for each item. Next, you need to go to the "Basket" section, in the "Basket" check the quantity and list of the ordered Goods (if necessary, change the relevant information), then click the "Checkout" button. On the page that opens, fill in the required fields regarding personal data, as well as the Buyer's delivery address, select the delivery time, payment method for the order and click the "Checkout" button. By clicking the "Place an order" and "Order" button, the Buyer completes the order. After that, the Seller's employees, if necessary, can contact the Buyer to confirm the specified information or to adjust the order.

3.4. When placing an Order through the Electronic Infrastructure, the Buyer must indicate the following information:

-name;

-contact number;

- email address (optional);

- information about the place of delivery (including the city, street, house, building / structure, apartment / office number, entrance, floor, intercom code, comments on the delivery address);

- comments and promo code (if necessary);

3.5. After placing the order, the Client is provided with information about the status of the Order, including the delivery time of the Goods.

3.6. Delivery of orders is carried out only within the territory of the city of Tashkent, on the terms of the website at the time of ordering:

Mon-Sat : from 09:00 to 00:00

Sun : 09:00 to 00:00

3.7. The Buyer is responsible for the content and accuracy of the information provided by the Buyer when placing the Order. If, when placing the Order, the Buyer provided incorrect information, including the wrong address, wrong phones, e-mail addresses and other data, the Seller is not responsible for the consequences arising from these circumstances in the form of the impossibility of fulfilling the Order, its delivery to the specified address, non-receipt by the Buyer of confirmation of ordering to the address indicated by him

3.8. All information about the Goods presented in the Electronic Infrastructure is for informational purposes and cannot fully convey all information about the properties and characteristics of the Goods.

3.9. Photos, diagrams, drawings, video images of the Product samples in the catalog are the property of the Contractor. Each sample image is accompanied by text information about the Product. 

3.10. In the absence of the ordered Goods from the Seller (including for reasons beyond his control), the Seller has the right to exclude the specified Goods from the Order and notify the Buyer about it by phone within 20 minutes from the moment of such actions.

3.11. The Buyer can receive a completed Order by delivering the Goods by the Seller's delivery service or personally arrive at the Seller's restaurant, receive the completed Order and make payment.

 

 4. Delivery of the Goods

4.1. The Seller will make every effort to comply with the delivery times indicated on the Site, however, delays in delivery are possible due to unforeseen circumstances that occurred through no fault of the Seller.

4.2. In the absence of the Buyer (or the Recipient) at the appointed place and time of delivery, the Delivery Service employee waits 10 minutes, after which he leaves. 

4.3. Order transfer

- The Buyer undertakes to check the complete set of the entire Order (assortment) and each Product separately;

- In the absence of claims to the Goods, the Buyer pays the delivery service employee or the restaurant employee for their cost (if the payment was not made earlier) and receives a fiscal receipt.

- In case of advance payment for the Order (using electronic payment systems, etc.), the Buyer (or the Recipient appointed by him) must present an identity document.

4.4. In case of non-delivery of the Goods, the Seller refunds to the Buyer the cost of the prepaid but not received Goods after confirmation of this circumstance by the Delivery Service.

4.5. Upon delivery, the Goods are handed over to the Buyer or to the person indicated as the Recipient.

4.6. In order to avoid cases of fraud when delivering a prepaid Product, an employee of the Delivery Service has the right to request an identity document of the Recipient. The Seller guarantees the confidentiality and protection of personal information received from the Recipient.

4.7. If the Buyer does not receive the Order through his fault, the cost of the Goods and its delivery will not be compensated. Money for it will not be returned.

4.8. If the Buyer paid for and did not take the goods within the agreed time frame, the Contractor has the right not to return the payment for the Goods to the Buyer.

4.9. The Contractor has the right to change the time of transfer of goods by notifying the buyer of services no later than the agreed time of shipment of the order, having received confirmation of the Buyer's consent to the changes. The buyer has the right to refuse to make changes to the data of the ordered service, on the basis of which the services will be considered canceled with a subsequent refund to the card from which the payment was made.

4.10 Delivery in the city of Tashkent At the discretion of the buyer. 4.11 . Discounts and promotions are not cumulative when ordering 

 

5. Payment for the Goods

5.1. The price of the Goods is indicated in the Electronic Infrastructure.

5.2. The price of the Goods can be changed by the Seller. At the same time, the cost of the Order, agreed upon when confirming its execution, cannot be changed unilaterally.

5.3. Payment methods for the Goods:

- Cash (in national currency, soums ) to the courier upon receipt of the Order;
- Bank payment card in the national currency of the sum ;
- through m payment systems PayMe . At the same time, the Seller is not responsible for the impossibility of accepting payment through payment terminals of bank cards and / or through payment systems PayMe , Click , due to technical problems or preventive maintenance by the payment system operators specified in this paragraph (including payment means in the form bank cards) or the telecommunication systems they use.

5.4. In connection with the decree of the President of the Republic of Uzbekistan, all packages are provided for a fee.

5.5 Packaging is considered free for delivery and take-away. In case the client asks to pack leftovers, cost of the container is determined by the current Seller's price per unit at the time of order. 

 

6. Return of goods

6.1. Upon receipt of the Goods, the Buyer checks the compliance of the received Goods with the Order, completeness and absence of claims to the appearance of the delivered Goods. The Buyer's claims regarding the appearance of the Goods and their completeness, after acceptance of the Goods, are not accepted.

6.2. Food products of good quality cannot be returned.

6.3. Return of goods of inadequate quality:

6.3.1. The Buyer has the right to return to the Seller or not accept the Goods of inadequate quality and demand the return of the paid price of such Goods. The client may also demand replacement of the goods of inadequate quality.

6.3.2. If the Buyer refuses to accept the Goods and demands to return the amount paid for the Goods, if the specified amount has already been paid, the amount shall be returned to the Buyer within 10 (ten) days from the moment the Seller receives the specified request in writing.

6.4. A refund:

6.4.1. Funds are subject to return to the Buyer in a manner similar to that used by him when paying for the Goods: when paying for the Order in cash, the refund is made in cash from the Seller's cash desk; when making a payment by bank card, the money is returned to the bank card;

6.4.2. If the return of cash is carried out at the same time as the return of the goods by the Client, the return of the specified amount is carried out by the Seller with the consent of the Client in one of the following ways:

a) in cash at the location of the Seller;

b) by transferring the appropriate amount to a bank or other account of the Client,

6.5. Procedure if the Seller violates the terms of the assortment (in case of re-grading):

6.5.1. If a Product is found in the Order that does not correspond to the assortment ordered, the Buyer has the right, upon transfer, to refuse this Product and demand replacement for the Product provided for by the Order, or a refund for the Product that was not actually transferred.

6.5.2. The goods transferred to the Buyer in violation of the assortment conditions are subject to return to the Seller. If the Buyer accepts this Product, the Seller has the right to demand from the Buyer payment for this Product at the price set by the Seller for this Product on the Site at the time of transfer of the Product. If the actually transferred Product is not in the Seller's assortment presented on the Site at the time of the transfer of the Product, this Product is paid at the price agreed with the Seller.

6.5.3. If it is impossible to replace the Goods, the Seller notifies the Buyer about this by the phone number specified by the Buyer when placing the Order, and the funds actually paid for the not transferred Goods are returned.

6.5.4. The funds paid by the Buyer for the actually not transferred Goods are subject to return within 10 (ten) days from the date of receipt of the Buyer's written request for their return and confirmation of the Seller's employees. The refund of the amount paid for the Goods is carried out in a manner similar to that used when paying for the Goods.

6.6. Procedure if the Seller violates the terms of quantity.

6.6.1. When transferring the Goods, the Buyer is obliged to check its quantity for compliance with the Order. If the Buyer finds discrepancies in the quantity of the Goods, he is obliged to record the indicated fact in the presence of an employee of the Delivery Service (courier).

6.6.2. If the Seller has transferred to the Buyer a smaller quantity of the Goods than specified in the Order, the Buyer, upon transfer of the Order, has the right to accept the Goods in the part corresponding to the Order and demand to transfer the missing amount of the Goods, or (if the missing Goods have been paid for) refuse the Order in terms of the missing Goods and demand a return funds for the missing Product.

6.6.3. If it is impossible to transfer the missing Product, the Seller notifies the Buyer about this by the phone number specified by him when placing the Order, and the money actually paid for the missing Product is returned.

6.6.4. The funds paid by the Buyer for the missing Goods are subject to return within 10 (ten) days from the moment the Seller receives the Buyer's notification of the return of funds together with a copy of the Order with a mark on non-delivery of part of the Goods. The refund of the amount paid for the Goods is carried out in a manner similar to that used when paying for the Goods, or in another way as agreed with the Client, taking into account the provisions of clause 6.6. Regarding the procedure for returning funds to a bank card.

6.6.5. In the event that the Buyer's and the delivery service employee's mark about the missing Goods is absent in the Order form (invoice), the Seller has the right to refuse to satisfy the Buyer's claims for the quantity or quality of the transferred Goods.

 

7. Warranties and liability

7.1. The Seller guarantees that the Goods to be delivered are of good quality and comply with the basic legal requirements applicable to the Goods. The goods are not subject to storage, with the exception of prefabricated food products.

7.2. The Seller is not responsible for damage that may be caused to the Buyer as a result of improper use of the Products ordered on the Site. The goods are to be consumed immediately after delivery.

7.3. The Buyer undertakes not to use the ordered Goods for business purposes.

7.4. The Seller has the right to assign or in any other way transfer his rights and obligations arising from his relationship with the Client to third parties.

7.5. The Seller is not responsible for the consequences of the use of his Goods, when the Buyer, when ordering the Goods of the Seller, for use personally or for third parties, takes responsibility and understands the possible consequences for him or for third parties, depending on the personal characteristics of the organism or available to him. they have contraindications (individual intolerance to certain foods, chronic diseases, allergic reactions, etc.)

 

8. Privacy policy and protection of personal data

8.1. The Seller has the right to process and store the Buyer's personal data provided to the Seller, with the consent of the Buyer, expressed by joining the terms of this Offer, to ensure their confidentiality and not provide access to this information to third parties, except for the cases provided for by this Offer and the current legislation of the Republic of Uzbekistan ...

8.2. By accepting the offer agreement, the Buyer confirms his consent and allows the Seller to process his personal data, including: name, delivery address, phone number, e-mail address. The processing of personal data in this Offer means: the collection of the above data, their systematization, accumulation, storage, clarification (update, change), transfer to third parties for the purpose of marketing, advertising and research, use, blocking, destruction. The Seller has the right to entrust the processing of the Buyers' personal data to third parties. The buyer agrees that his consent to the processing of personal data by a third party is not required.

8.4. By accepting the offer agreement, the Buyer agrees and permits the Seller and its services to process the Buyer's personal data using automated database management systems, as well as other software and hardware.

8.5. The Seller uses personal data and information received from the Buyer:

- to fulfill its obligations to the Buyer;

- to evaluate and improve the work of the Site;

- to communicate with the Buyer, including sending notifications, requests for the provision of services, as well as for processing requests and applications from the Buyer;

- in order to improve the quality of services, ease of use, develop new services and dishes;

- statistical and marketing research, including those related to the operation of the Site, product quality, quality of service;

- for sending informational sms- messages, as well as for sending e-mails and other forms of sending / receiving information by phone or e-mail to the Buyer;

- to conduct marketing activities, send advertising messages and offers for participation in special promotions and events;

8.6. Disclosure of information received by the Seller:

8.6.1. The Seller undertakes not to disclose the personal data received from the Buyer.

8.6.2. It is not considered the disclosure of information to entrust its processing by the Seller to agents and third parties acting on the basis of an agreement with the Seller to fulfill obligations to the Buyer, as well as for the purpose of conducting marketing, promotional activities and research. The disclosure of personal data in cases provided for by the current legislation of the Republic of Uzbekistan is not considered a violation of obligations.

8.6.3. The Seller is not responsible for the information provided by the Buyer on the Site in a public form.

8.7. The Seller has the right to record telephone conversations with the Buyer in order to improve the quality of the services provided. At the same time, the Seller undertakes to prevent attempts of unauthorized access to information obtained during telephone conversations and / or its transfer to third parties not directly related to the execution of orders.

8.8. At any time, the Buyer has the right to request a list of his personal data and / or demand to change, block or destroy his personal data by calling the Seller on +998 97 333 85 75 , indicating the name, phone number, Email address, as well as the delivery address, or by sending a notification electronically at zoho @ fishandbread . com  

8.9. The seller guarantees that during the collection and subsequent use of the information received, he will adhere to all the provisions of the current legislation of the Republic of Uzbekistan regarding the inviolability of personal information, protection of personal data. Providing information to other persons is possible only on the grounds and in the manner determined by the current legislation of the Republic of Uzbekistan.

8.10. The seller reserves the right to disclose your personal information if required by law or court order.

8.11. If there is a change to our privacy policy, we will post a notice of the change.

 

9. Force majeure

9.1 The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement for the duration of the force majeure. Force majeure means extraordinary and insurmountable circumstances that prevent the PARTIES from fulfilling their obligations under this Offer Agreement. These include natural phenomena; military operations, military measures; riots, epidemics (quarantine), epizootics, weather conditions, terrorist actions, strikes, seizure, confiscation, requisition, nationalization, etc. At the same time, well-known events do not need any confirmation; for other events, it is necessary to attach appropriate supporting documents, which may be, including, but not limited to, documents emanating from competent state bodies.

 

10. Other conditions

10.1. The parties will try to resolve all arising disputes through negotiations. If an agreement is not reached, the dispute will be referred to the court in accordance with the current legislation of the Republic of Uzbekistan.

10.2. The recognition by the court of the invalidity of any of the provisions of this Offer does not entail the invalidity of the remaining provisions. 

 

 

12. Carrying out promotions by the Seller 

12.1. The purpose of the campaign is to advertise the products manufactured by the Seller, increase sales and promote their products in the markets of the Republic of Uzbekistan.

12.2. The term of the Promotion may be specified or extended at the initiative of the Seller. When extending the term of the Promotion, Buyers will be additionally notified by posting relevant information on the Seller's website.