Public Offer Agreement

This Agreement is an official public offer of Seller (hereinafter — the Seller) to conclude a contract for the sale of goods and/or provision of catering services, in accordance with Art. 633 of the Civil Code of Ukraine.

According to Art. 641 of the Civil Code of Ukraine, this Agreement is a public offer. Acceptance of the offer is the placement of an Order through the Website, mobile Application, or AI Assistant, which constitutes the Buyer's full agreement with all terms of this Agreement.

The Agreement is concluded in accordance with the Law of Ukraine "On Consumer Protection" dated 12.05.1991 No. 1023-XII and the Law of Ukraine "On Electronic Commerce" dated 03.09.2015 No. 675-VIII.

Definitions:

• Seller — a business entity engaged in the sale of goods and provision of catering services.
• Buyer — a natural person who has reached the age of 16, or a legal entity that has placed an Order through the Service.
• Order — a properly executed application of the Buyer for the purchase of Goods through the Website, mobile Application, AI Assistant, or by phone.
• Goods — dishes, drinks, and other catering products presented in the establishment menu.
• Service — the website demo.vitrina.cafe, mobile application, and AI assistant of café "Demo Cafe".

The Buyer confirms that they have reached the age of 16 and have full legal capacity to enter into this Agreement.

The Seller undertakes to provide catering services and/or sell prepared dishes and drinks, and the Buyer undertakes to accept and pay for the Order under the terms of this Agreement.

The Buyer independently places an Order through the Website, mobile Application, AI Assistant, or by phone, specifying: name, phone number, delivery address (if applicable), payment method.

An Order is considered accepted only after confirmation by the Seller (in-app notification or call). Prior to confirmation, the Seller reserves the right to reject the Order.

The Seller reserves the right to refuse an Order without explanation.

Prices and dish availability may change. The applicable price is the one at the time of Order confirmation by the Seller.

In case of a pricing error on the website (e.g., technical glitch), the Seller reserves the right to cancel the Order and inform the Buyer of the correct price.

Prices for Goods are indicated in Ukrainian hryvnias (₴) inclusive of all taxes.

Payment is made by one of the following methods:

• online card payment (Visa, MasterCard);
• card on delivery via courier terminal or at the establishment;
• cash on delivery.

The Seller is not responsible for any fees charged by the Buyer's bank or payment system.

When paying in cash, the Buyer is required to prepare the amount as close as possible to the Order total.

Delivery is made within Kyiv and its suburbs within the delivery zone indicated on the "Delivery and Payment" page.

Delivery time is calculated at checkout from the distance and kitchen load: usually from 20 minutes next to the café to 60–90 minutes on the outskirts, but no more than 90 minutes. The time shown at checkout is approximate: the actual time depends on weather conditions and other circumstances.

If the Buyer is absent at the specified address within 15 minutes after the courier's arrival, the Order is considered delivered. Re-delivery is subject to an additional charge.

The risk of accidental damage or spoilage of the Goods passes to the Buyer upon delivery of the Order.

The Seller is not responsible for delivery delays caused by force majeure (section 11).

Detailed delivery terms are available on the "Delivery and Payment".

Seller's Obligations:

• ensure proper quality of dishes in accordance with catering standards;
• process the Order within a reasonable timeframe;
• provide accurate information about the Goods and terms of purchase.

Buyer's Obligations:

• provide accurate contact information and delivery address;
• verify the completeness and appearance of the Order upon receipt;
• report quality issues within the deadlines specified in the Return Policy;
• pay for and accept the Order in a timely manner;
• not use the Service in a way that violates this Agreement or applicable law.

It is prohibited to use the Service for:

• fraud, providing deliberately false information;
• automated requests (bots, scraping, parsing);
• creating fictitious orders;
• abusing the loyalty program (multiple accounts, fake referrals, promo code manipulation).

The Seller reserves the right to block an account without warning and without compensation in case of violation of these terms.

The Service is provided "as-is". The Seller does not guarantee uninterrupted operation of the Website, mobile Application, or AI Assistant.

The Seller is not liable for:

• temporary unavailability of the Service for technical reasons;
• failures in third-party payment systems;
• delivery delays due to reasons beyond the Seller's control.

The Seller's maximum liability for any Order is limited to the cost of that Order.

The Seller is not liable for indirect damages, lost profits, or moral damages, except in cases directly provided by Ukrainian law.

11.1. The parties are released from liability for non-fulfillment or improper fulfillment of obligations if caused by force majeure circumstances.

11.2. Force majeure circumstances include, but are not limited to:

• military actions, shelling, missile strikes, air raid threats;
• curfew and transport restrictions;
• power, water supply, or internet outages;
• decisions by state or military authorities restricting activity;
• natural disasters, pandemics, epidemics;
• failures of payment systems, delivery services, or other third parties.

11.3. In the event of force majeure, the Seller notifies the Buyer by available means and offers:

• rescheduling the Order to another time;
• canceling the Order with a full refund.

11.4. The Seller is not liable for delivery delays, inability to fulfill an Order, or temporary Service unavailability caused by force majeure.

Disputes are resolved through negotiation. If no agreement is reached — in accordance with Ukrainian law.

Jurisdiction — courts at the Seller's location (Kyiv), unless otherwise provided by law.

The invalidity of any provision of this Agreement does not affect the validity of the remaining Agreement.

The Seller's non-exercise of any right under this Agreement does not constitute a waiver thereof.

This Agreement together with the Privacy Policy, Return Policy, Loyalty Program Terms and the Delivery and Payment Terms constitutes the entire agreement of the parties.