Public offer
PUBLIC OFFER AGREEMENT
on the implementation of sales through the Electronic Infrastructure
This public offer agreement for sales through the Electronic Infrastructure (hereinafter referred to as the "Terms") establishes the essential conditions for providing services in the production and sale of catering products and other goods.
Terms of the public offer - an offer to conclude a Retail Sale and Purchase Agreement for goods and the provision of catering services and their delivery by the Seller to the Buyer. The Buyer, having familiarized themselves with these Terms, agrees to them and expresses their consent by taking 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 Product, the address (location) of the seller, the place of manufacture of the product, the full official name (title) of the seller (manufacturer), the price and the terms of purchase of the product, its delivery, the payment procedure for the product, the shelf life, as well as the period during which the offer to conclude the Offer Agreement (hereinafter referred to as the Offer) is valid.
1. Definitions and terms
For the proper interpretation of the terms of the offer agreement, the following terms are used in the following meanings:
1.1. Offer - a public proposal by the Seller addressed to any individual or legal entity to enter into a sales contract (hereinafter referred to as the "Contract") under the existing terms contained in the Contract, including all its appendices;
1.2. Seller – the group of companies BibigonBox
1.3. The Product – goods in accordance with the assortment presented on the Seller's website at: bibigonbox.uz 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 the mobile application, or by phone numbers listed on the Website, and arranged for delivery to the address specified by the Buyer;
1.5. Site – the Seller's website bibigonbox.uz
1.6. Mobile application – the BibigonBox mobile application, available on GoogleMarket and AppStore;
1.7. Telegram bot – a program (bot) operating on the Telegram messenger with the username https://t.me/bibigon_box
1.8. Call center – a division of the Seller engaged in order processing and providing information through voice communication channels via the phone number +99878 113 03 06
1.9. Electronic infrastructure - Website, Mobile application, Telegram bot, and Call center taken together.
1.10. Delivery service – Seller's employees or Seller's representatives who deliver Goods to the Buyer.
1.11. Other terms not defined in this section may also be used in this offer. In this case, the interpretation of such a term is carried out in accordance with the text of the contract-offer. In the absence of an unambiguous interpretation of the term in the text, the interpretation defined on the website of the online store https://bibigonbox.uz/ru on the Internet should be followed, and in the part not regulated by it - the current legislation of the Republic of Uzbekistan, or the interpretation used in business circles.
2. General Provisions
2.1. These Terms, as well as information about the Goods and services presented in the Electronic infrastructure, constitute a public offer within the meaning of Article 367 and paragraph 2 of Article 369 of the Civil Code of the Republic of Uzbekistan for the conclusion of a Retail Sale Agreement for goods and services.
2.2. The relations between the Buyer and the Seller are governed by the provisions of the Civil Code of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan "On Consumer Rights Protection," the Rules for the Production and Sale of Food Products (Services) in the Republic of Uzbekistan, and other legal acts adopted in accordance with them.
2.3. Acceptance is the Seller's receipt of the Buyer's confirmation of the intention to purchase the goods on the terms proposed by the Seller, who agrees with these Terms, accepts them, and joins the terms of this Offer as follows:
- by clicking the "Place Order" button at the final stage of placing an Order on the Website, Mobile App, and Telegram bot,
- self-registration on the Website,
- confirming the order by phone through the Call Center.
2.4. The Order of the Goods, placed by the Buyer in the Electronic Infrastructure, serves as confirmation of the Agreement concluded between the Seller and the Buyer.
2.5. The ownership of the Ordered Goods transfers to the Buyer from the moment of actual delivery of the Goods to the Buyer and the payment of the full price of the Goods by the Buyer. The risk of damage to the Goods transfers to the Buyer from the moment of actual delivery of the Goods to the Buyer. By signing the receipt, the Buyer confirms the acceptance of the Goods in full.
2.6. By accepting these Terms, the Buyer confirms their consent and allows the Seller to process their data, including: name, delivery address, phone number, email address. The processing of personal data in these Terms includes: collection of the aforementioned data, systematization, accumulation, storage, clarification (updating, modification), 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 technical means, consents to receive SMS messages, to participate in marketing promotions and events, and to receive advertising messages.
2.8. The Seller undertakes to ensure the confidentiality of the personal data provided by the Buyer and to protect it from copying and dissemination. At any time, the Buyer has the right to request a list of their personal data and/or demand to change, block, or delete their personal data by calling the Seller at +998 88 000 88 66, providing their name, phone number, email address, and delivery address, or by sending a notification electronically to info@bibigonbox.uz.
2.9. In cases of promotions conducted by the Seller, the Buyer, if necessary, must provide their personal data to the Seller's employees in person or by sending it via email, through Telegram, or through another communication channel, which automatically confirms the Buyer's full consent to the processing of their personal data and agreement with this Offer.
2.10. The Seller has the right to change or supplement these Terms at any time, with or without notifying Buyers (depending on the seriousness of the changes). The current version of the offer agreement is always available 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 above, the Buyer must carefully review the text of the offer agreement, and if they disagree with any condition, they are invited to inform the Seller's employees of the disputed points of the offer agreement in oral or written form, or to refuse to purchase the Goods provided by the Seller.
2.12. The electronic infrastructure is the property of the Seller and is intended for organizing a remote method of selling goods through the internet.
3. Order processing and delivery timelines
3.1. The order can be placed by the Buyer in one of the following ways:
- by placing an Order on the Website,
- by placing an Order through the Call Center,
- with the help of the Mobile application
- with the help of a Telegram bot.
3.2. When placing an Order through the Electronic Infrastructure, the Buyer confirms that they are familiar with these Terms and provides the Seller with all the information necessary for the proper processing and fulfillment of the Order.
3.3. To place an Order using the Mobile application, Telegram bot, or Website, the Buyer must select the appropriate product from the "Menu" sections, choose the quantity of the product, and add the Product(s) to the cart. When ordering two or more items, the described operations must be repeated for each product. Next, the Buyer must go to the "Cart" section, check the quantity and list of the ordered Product(s) in the "Cart" (if necessary, modify the relevant information), and then click the "Place Order" button. On the opened page, fill in the mandatory fields regarding personal data and the Buyer's delivery address, choose the delivery time, payment method, and click the "Place Order" button. By clicking the "Place Order" and "Order" buttons, the Buyer completes the Order placement. After that, the Seller's employees may contact the Buyer, if necessary, to confirm the provided information or to adjust the order.
3.4. When placing an Order through the Electronic Infrastructure, the Buyer must provide the following information:
-name;
-contact phone;
- email address (optional);
- information about the delivery location (including city, street, house, building/structure, apartment/office number, entrance, floor, intercom code, comments for the delivery address);
- comments and promo code (if necessary);
3.5. After placing an order, the Client is provided with information about the status of order fulfillment, including the delivery time of the Goods.
3.6. Delivery of orders is carried out only within the territory of the city of Tashkent, under the conditions in effect on the website at the time of order placement:
Mon-Sat: from 09:00 to 22:00
Sun: 09:00 to 22:00
3.7. The responsibility for the content and accuracy of the information provided by the Buyer when placing an Order lies with the Buyer. If incorrect information was provided by the Buyer when placing the Order, including incorrect address, incorrect phone numbers, email addresses, and other data, the Seller is not responsible for the consequences arising from these circumstances, such as the inability to fulfill the Order, deliver it to the specified address, or the Buyer not receiving the Order confirmation at the specified address.
3.8. All information about the Product presented in the Electronic Infrastructure is for informational purposes only and cannot fully convey all the properties and characteristics of the Product.
3.9. Photos, diagrams, drawings, and video images of the Product samples in the catalog are the property of the Contractor. Each sample image is accompanied by textual information about the Product.
3.10. In case the ordered Goods are unavailable with the Seller (including for reasons beyond their control), the Seller has the right to exclude the specified Goods from the Order and notify the Buyer by phone within 20 minutes from the moment of such actions.
3.11. The Buyer can receive the completed Order through delivery by the Seller's delivery service or by personally arriving at the Seller's restaurant, receiving the completed Order, and making the payment.
4. Delivery of Goods
4.1. The Seller will make every effort to meet the delivery times specified on the Website; however, delays in delivery are possible due to unforeseen circumstances not caused by the Seller.
4.2. In the absence of the Buyer (or Recipient) at the designated place and time of delivery, the Delivery Service employee will wait for 10 minutes, after which they will leave.
4.3. Order transfer
- The Buyer agrees to check the completeness of the entire Order (assortment) and each Product individually;
- In the absence of any claims regarding the Goods, the Buyer pays the delivery service employee or the restaurant employee their cost (if payment has not been made earlier) and receives a fiscal receipt.
- When making an advance payment for the Order (using electronic payment systems, etc.), the Buyer (or the designated Recipient) is required to present an identification document.
4.4. In case of non-delivery of the Goods, the Seller reimburses the Buyer the cost of the prepaid but undelivered 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 designated as the Recipient.
4.6. To avoid cases of fraud when delivering prepaid Goods, the Delivery Service employee has the right to request an identification document from the Recipient. The Seller guarantees the confidentiality and protection of the personal information received from the Recipient.
4.7. In case of non-receipt of the Order by the buyer due to their fault, the cost of the Product and its delivery will not be compensated. The funds for it will not be refunded.
4.8. If the Buyer has paid and has not picked up the goods within the agreed timeframe, the Seller has the right not to refund the payment for the Goods to the Buyer.
4.9. The Contractor has the right to change the time of delivery of goods, notifying the customer of the service no later than the agreed time of order shipment, upon receiving confirmation of the Customer's agreement to the changes. The Customer has the right to refuse to make changes to the ordered service, in which case the service will be considered canceled with a subsequent refund to the card used for payment.
4.10 Delivery within the city of Tashkent at the customer's discretion.
4.11. Discounts and promotions do not accumulate with the order.
5. Payment for Goods
5.1. The price of the Goods is indicated in the Electronic Infrastructure.
5.2. The price of the Product may be changed by the Seller. However, the cost of the Order, as agreed upon at the confirmation of its placement, is not subject to unilateral change.
5.3. Payment methods for the Goods:
- Cash (in the national currency, sum) to the courier upon receipt of the Order;
- By bank payment card in the national currency, sum;
- through payment systems like PayMe.
At the same time, the Seller is not responsible for the inability to accept payments through bank card payment terminals and/or through payment systems PayMe, Click, due to technical malfunctions or preventive maintenance conducted by the operators of the payment systems mentioned in this clause (including payment methods in the form of bank cards) or the telecommunications 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 takeout. In case the customer requests to pack leftovers, the cost of the container is determined by the Seller's current prices per unit at the time of the order.
6. Return of Goods
6.1. Upon receipt of the Goods, the Buyer checks the conformity of the received Goods with the Order, completeness, and absence of claims regarding the external appearance of the delivered Goods. Claims by the Buyer regarding the external appearance of the Goods and their completeness, after the acceptance of the Goods, are not accepted.
6.2. Food products of proper quality are non-returnable.
6.3. Return of defective goods:
6.3.1. The Buyer has the right to return the Product of inadequate quality to the Seller or refuse to accept it and demand a refund of the paid price for such Product. The Client may also demand a replacement of the Product of inadequate quality.
6.3.2. In the event of the Buyer's refusal to accept the Goods and their demand for a refund of the amount paid for the Goods, if the specified amount has already been paid, the amount shall be refunded to the Buyer within 10 (ten) days from the moment the Seller receives the specified demand in written form.
6.4. Refunds:
6.4.1. Funds shall be refunded to the Buyer in a manner similar to the method used for payment of the Goods: if the Order was paid for in cash, the refund will be made in cash from the Seller's cash register; if the payment was made by credit card, the refund will be credited back to the credit card.
6.4.2. In the event that the cash refund is not made simultaneously with the return of the goods by the Client, the refund of the specified amount is made by the Seller with the Client's consent in one of the following ways:
a) in cash at the Seller's location;
b) by transferring the corresponding amount to the Client's bank or other account,
6.5. Procedure of actions in case of the Seller's violation of the assortment condition (in case of mix-up):
6.5.1. In case of discovering a Product in the Order that does not correspond to the ordered assortment, the Buyer has the right to refuse this Product upon delivery and demand a replacement with the Product specified in the Order, or a refund for the Product that was not actually delivered.
6.5.2. The product delivered to the Buyer in violation of the assortment condition is subject to return to the Seller. If the Buyer accepts this Product, the Seller has the right to demand payment from the Buyer for this Product at the price set by the Seller for this Product on the Website at the time of delivery. If the actually delivered Product is not part of the Seller's assortment presented on the Website at the time of delivery, this Product is paid for at the price agreed upon with the Seller.
6.5.3. In case it is impossible to replace the Product, the Seller notifies the Buyer by the phone number provided by the Buyer when placing the Order, and the funds actually paid for the undelivered Product are refunded.
6.5.4. Funds paid by the Buyer for the actually undelivered Goods shall be refunded within 10 (ten) days from the moment of receipt of the Buyer's written request for their return and confirmation by the Seller's employees. The refund of the amount paid for the Goods shall be made in a manner similar to that used for the payment of the Goods.
6.6. Procedure of actions in case of the Seller's violation of the quantity condition.
6.6.1. Upon receipt of the Goods, the Buyer is obliged to check the quantity against the Order. If the Buyer discovers discrepancies in the quantity of the Goods, they are obliged to document this fact in the presence of a delivery service employee (courier).
6.6.2. If the Seller delivered a smaller quantity of Goods to the Buyer than specified in the Order, the Buyer, upon delivery of the Order, has the right to accept the Goods in the amount corresponding to the Order and demand the delivery of the missing quantity of Goods, or (if the missing Goods were paid for) refuse the Order in the part of the missing Goods and demand a refund for the missing Goods.
6.6.3. In case of inability to deliver the missing Product, the Seller notifies the Buyer at the phone number provided during the Order placement, and the funds actually paid for the missing Product are refunded.
6.6.4. The funds paid by the Buyer for the missing Goods shall be refunded within 10 (ten) days from the moment the Seller receives the Buyer's notification of the refund along with a copy of the Order marked with the non-delivery of part of the Goods. The refund of the amount paid for the Goods shall be made in a manner similar to that used for the payment of the Goods, or in another manner agreed upon with the Client, taking into account the provisions of paragraph 6.6 regarding the procedure for refunding funds to a bank card.
6.6.5. In the event that the Order form (invoice) lacks a mark from the Buyer and the delivery service employee regarding the missing Goods, the Seller has the right to refuse the Buyer in satisfying claims regarding the quantity or quality of the delivered Goods.
7. Warranties and Liability
7.1. The Seller guarantees that the Goods to be delivered are of proper quality and comply with the main requirements of the legislation applicable to the Goods. The Goods are not subject to storage, except for factory-made food products.
7.2. The Seller is not liable for any damage that may be caused to the Buyer due to improper use of the Goods ordered on the Website. The Goods are to be used immediately after delivery.
7.3. The Buyer agrees not to use the ordered Goods for entrepreneurial purposes.
7.4. The Seller has the right to assign or otherwise transfer its rights and obligations arising from its relationship with the Client to third parties.
7.5. The Seller is not responsible for the consequences of using his Goods when the Buyer, ordering the Seller's Goods for personal use or for third parties, assumes responsibility and understands the possible consequences for himself or for third parties depending on the individual characteristics of the body or existing contraindications (individual intolerance to certain products, chronic diseases, allergic reactions, etc.).
8. Privacy Policy and Data Protection
8.1. The Seller has the right to process and store the Buyer's personal data provided to the Seller, with the Buyer's consent expressed by joining the terms of this Offer, ensuring their confidentiality and not granting access to this information to third parties, except in 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 their consent and permits the Seller to process their personal data, including: name, delivery address, phone number, email address. The processing of personal data in this Offer includes: collection of the aforementioned data, systematization, accumulation, storage, clarification (updating, modification), transfer to third parties for the purposes of conducting marketing, advertising activities, and research, use, blocking, destruction. The Seller has the right to delegate the processing of Buyers' personal data to third parties. The Buyer agrees that their consent for the processing of personal data by a third party is not required.
8.4. By accepting the offer agreement, the Buyer expresses consent 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 technical means.
8.5. The Seller uses personal data and information obtained from the Buyer:
- to fulfill its obligations to the Buyer;
- for evaluating and improving the performance of the Website;
- for communication with the Buyer, including sending notifications, requests for the purpose of providing services, as well as for processing requests and applications from the Buyer;
- with the aim of improving service quality, ease of use, and developing new services and dishes;
- statistical and marketing research, including those related to the operation of the Site, product quality, and service quality;
- for sending informational SMS messages, as well as for sending emails and other forms of information delivery/receipt via phone or email to the Buyer;
- for conducting marketing activities, sending advertising messages and offers to participate in special promotions and events;
8.6. Disclosure of information obtained by the Seller:
8.6.1. The Seller agrees not to disclose the personal data received from the Buyer.
8.6.2. It is not considered a disclosure of information to assign its processing by the Seller to agents and third parties acting under a contract with the Seller, for the fulfillment of obligations to the Buyer, as well as for the purposes of conducting marketing, advertising events, and research. 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 publicly accessible form.
8.7. The Seller has the right to record telephone conversations with the Buyer for the purpose of improving the quality of the services provided. At the same time, the Seller undertakes to prevent attempts of unauthorized access to the information obtained during the telephone conversations and/or its transfer to third parties who are not directly involved in the execution of orders.
8.8. At any time, the Buyer has the right to request a list of their personal data and/or demand to change, block, or delete their personal data by calling the Seller at +998 88 000 88 66, providing their name, phone number, email address, and delivery address, or by sending a notification electronically to info@bibigonbox.uz.
8.9. The Seller guarantees that during the collection and subsequent use of the obtained information, he will adhere to all provisions of the current legislation of the Republic of Uzbekistan regarding the inviolability of personal information and the protection of personal data. Providing information to other parties is possible only on the grounds and in the manner defined 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 a court order.
8.11. If there is a change in our privacy policy, we will post a notice about the corresponding change.
9. Force Majeure
9.1. The Parties are exempt from liability for non-fulfillment or improper fulfillment of obligations under the Agreement during the period of force majeure. Force majeure refers to extraordinary and insurmountable circumstances that prevent the PARTIES from fulfilling their obligations under this Offer Agreement. These include natural disasters; military actions, military-related activities; mass riots, epidemics (quarantine), epizootics, weather conditions, terrorist actions, strikes, seizures, confiscations, requisitions, nationalizations, etc. Publicly known events do not require any confirmation, while for other events, the submission of relevant supporting documents is necessary, which may include, but are not limited to, documents issued by competent state authorities.
10. Other conditions
10.1. All disputes arising between the parties will be attempted to be resolved through negotiations. If an agreement is not reached, the dispute will be submitted to the court for consideration in accordance with the current legislation of the Republic of Uzbekistan.
10.2. The court's recognition of the invalidity of any provision of this Offer does not entail the invalidity of the other provisions.
12. Conducting promotions by the Seller
12.1. The purpose of conducting promotions is to advertise the products manufactured by the Seller, increase sales volume, and promote their products in the markets of the Republic of Uzbekistan.
12.2. The duration of the Promotion may be specified or extended at the initiative of the Seller. In case of an extension of the Promotion period, Buyers will be additionally notified by posting the relevant information on the Seller's website.