TERMS AND CONDITIONS

These Terms and Conditions (hereinafter referred to as the "Terms") govern the procedure and conditions of the sale of food products by Too Food on the website with the domain name [website address] and its associated mobile application, as well as all related sites or applications (hereinafter referred to as the "Application"). Too Food is the legal user of the Application and aims to ensure the most comfortable and quick shopping experience.

Before placing an order in the Application, you should familiarize yourself with these Terms, Terms of Use, the Privacy Policy, and the Refund Policy. Too Food takes all necessary measures to ensure that your personal data is protected and your rights are respected.

CONTENT:

1. Definitions;
2. General Provisions;
3. Procedure for the Sale of Goods and Receiving Orders;
4. Payment for Goods;
5. Promo Codes or Other Offers or Discounts;
6. Rights and Obligations of the Parties;
7. Dispute Resolution Procedure.

DEFINITIONS

1.1. In these Terms, the following terms are used with the following meanings:

1. Application – the website with the domain name [...] and the associated application, as well as all other related sites and applications.
2. Seller(s) – a business entity, regardless of its organizational and legal form, offering its goods for sale in the Application. In these Terms, "Seller" also includes the hired employees, contractors, or agents of the business entity, provided they perform the duties of such a business entity as prescribed by these Terms.
3. Buyer – an individual user of the Application who is at least 14 years old, possesses partial civil capacity, and has sufficient authority to purchase goods. In cases provided by law, goods may be sold to an individual under 14 years old, provided that the order placed by them on the site corresponds to their physical, spiritual, or social development and concerns goods of low value.
4. Goods – food products, either in their natural or processed form, intended for human consumption, bottled drinking water, as well as dietary supplements offered by Sellers for sale in the Application.
5. Unfit Food Product – a food product that contains foreign substances and/or objects, is otherwise damaged, and/or spoiled due to mechanical and/or chemical and/or biological factors.

GENERAL PROVISIONS

2.1. Too Food is a company whose primary activity is managing a technological platform that allows local establishments (hereinafter referred to as "Sellers") in certain regions of Ukraine to offer their products through the Application. Too Food acts as a commercial agent in its relationships with Buyers and sells goods on behalf of the Sellers. 

2.2. In the relationship between Buyers and Sellers, Too Food acts as an intermediary, whose duties and responsibilities are limited solely to managing the Application to facilitate interaction between the parties. Under no circumstances is Too Food responsible for the quality of the products offered in the Application, the conditions, or the procedures for their delivery.

2.3. By placing an order in the Application, the Buyer enters into a purchase and sale agreement with Too Food as a commercial agent under the terms defined by these Terms.

2.4. By accessing the Application and completing all necessary actions to start using the Application (whether by registration, authorization, etc.), all Buyers and Sellers fully and unconditionally confirm and unequivocally agree to these Terms, the Terms of Use, the Privacy Policy, the Refund Policy, and other documents published by Too Food. If a Buyer or Seller does not agree with these Terms, they must refrain from using the Application.

2.5. The Buyer fully understands and agrees that the descriptions, prices, or photographs of Goods available in the Application are published based on the information and documents provided by the Sellers. As such, Too Food cannot guarantee the accuracy of such descriptions, prices, and/or photographs. Nevertheless, Too Food takes all necessary measures to verify and control the accuracy of the provided data and to encourage Sellers to properly fulfill their obligations to the Buyers.

2.6. Too Food reserves the right to remove any Goods from the Application at any time, regardless of any breach by the Seller, and to modify the content of descriptions, images, and prices in the event of any detected violations.

2.7. The Buyer agrees that the availability of Goods listed in the Application depends on their availability with the Seller and the accuracy of the quantity provided by the Seller. In this regard, the Buyer acknowledges and agrees to the possibility that during the fulfillment of the order, the Goods may become unavailable. In such cases, Too Food will take measures to notify the Buyer of this fact within a reasonable time frame.

2.8. The Buyer fully understands and agrees that ordering and delivering Goods may be unavailable in certain regions and settlements of Ukraine. Ordering Goods may also be unavailable in certain Seller's outlets. Before placing an order, the Buyer is obliged to familiarize themselves with the available locations for receiving the Goods.

2.9. The Buyer is responsible for the accuracy of the information provided when using the Application. If the improper performance of the Seller's or Too Food’s obligations is caused by the Buyer’s failure to provide accurate, complete, and truthful information, neither the Seller nor Too Food shall bear any responsibility.

2.10. These Terms are binding upon Sellers and Buyers and have full legal force from the moment of their publication. Too Food reserves the right to amend these Terms at its sole discretion without any prior agreement with the Sellers or Buyers. The legal relationships arising before the publication of a new version of the Terms are governed by the provisions of the Terms in effect at the time such relationships arose.

2.11. Sellers and Buyers are obliged to periodically review these Terms to check for updates. If Too Food makes significant changes to these Terms, it will notify Sellers and Buyers in advance within a reasonable time by posting an informational message in the Application. In such cases, Buyers and Sellers are obliged to familiarize themselves with the updates and, if they do not agree with them, in whole or in part, to stop using the Application.

ORDER OF SALE OF GOODS AND RECEIPT OF ORDER

3.1 The Buyer guarantees that before ordering the Goods, they have fully reviewed the characteristics of the Goods, including their size, composition, image, and price. The Buyer understands and agrees that the Goods listed in the Application may have a short shelf life.

3.2. To order Goods, the Buyer independently familiarizes themselves with the assortment of a particular Seller, the characteristics of the Goods, and adds the selected Goods to the virtual cart. Adding Goods to the virtual cart does not constitute a reservation, and therefore, until the Buyer fully completes the order, the selected Goods may become unavailable for purchase due to their absence from the Seller's stock.

3.3. The name, quantity, item number, and price of the Goods selected by the Buyer are displayed in the virtual cart.

3.4. Before placing the order, the Buyer is obliged to carefully review the list of Goods in the virtual cart, their prices, and quantities. By placing the order and making payment for the Goods, the Buyer confirms their choice and agrees to take ownership of the selected Goods.

3.5. After placing the order, the Buyer is provided with a [...]-digit code that confirms the order and subsequently allows the Seller to identify the order. The Buyer is obliged not to disclose the provided code to third parties, except in cases where the Buyer delegates the receipt of the order to such a third party.

3.6. Neither the Seller nor Too Food is responsible for handing over the order to a person who is not the Buyer and to whom the Buyer has not delegated the right to receive the order, if such a person provides the order code specified in the Application.

3.7. After placing the order, the Buyer has the right to review the available time for receiving the Goods. The Buyer is entitled to receive the order no earlier than the time specified in the Application. The Buyer is given no more than 6 (six) hours from the start of the time specified in the Application to receive the order. If there are fewer than 6 hours remaining until the end of the Seller's working day, the Buyer is obliged to receive their order before the end of that working day.

3.8. Sellers independently and at their own discretion determine their working hours. Sellers have the right to change their working hours at any time without any prior agreement with the Buyer. Sellers may also designate non-working days during which the Buyer cannot place orders or receive Goods. In such cases, Too Food will take measures to notify the Buyer of the nearest working day on which the order can be accepted and processed.

3.9. Sellers have the right not to hand over the ordered Goods during an "Air Raid" signal in the locality where the Seller's commercial establishment is located. In such cases, the Buyer is given additional time sufficient to receive the order.

3.10. The Buyer is obliged to independently collect the ordered Goods from the Seller's premises at the specified time. When receiving the order, the Buyer must provide the Seller with the [...]-digit code that confirms the order. If the appropriate code is not provided, the Seller has the right not to transfer the order to the Buyer.

3.11. The Buyer is responsible for verifying the name, quantity, and quality of the Goods upon receipt of the order. If the Buyer neglects this point, they lose the right to claim any discrepancies between the Goods and the order in the future.

3.12. Before transferring the Goods to the Buyer, the Seller is obliged to comply with the sanitary and epidemiological requirements for the storage of food products established by Ukrainian law, including but not limited to temperature control, permissible humidity levels, and storage duration. The Seller guarantees that the food products transferred to the Buyer are fit for consumption and that their expiration date has not passed.

3.13. If the Seller transfers an unfit food product to the Buyer, the Buyer has the right to replace it with a product fit for consumption or to receive a refund.

3.14. The Buyer has no right to exchange or return Goods of proper quality that are fit for consumption.

3.15. If the Buyer does not receive the Goods within the specified time, the Seller will take steps to determine the reasons for the non-receipt of the Goods. If the Seller considers the reasons for the delayed receipt of the order to be valid, they may grant the Buyer additional time, deemed sufficient by the Seller, for the order to be received.

3.16. If the Buyer does not provide a response regarding the reasons for not collecting the order, or if the Seller considers the reasons invalid, the order will be canceled by the Seller. From that moment, the Buyer loses the right to receive the order.

PAYMENT FOR GOODS

4.1. The price of each specific item available for order is determined by the Seller in the Application. Too Food takes measures to ensure that the prices of Goods in the Application are up-to-date and accurately reflect the actual price charged by the Seller. However, in certain circumstances beyond the control of Too Food, the price listed by the Seller in the Application may differ from the actual price. In such cases, the Seller bears sole responsibility for the price discrepancy. Any related claims by the Buyer should be directed to the Seller.

4.2. The total order price is determined by summing the cost of each item added by the Buyer to the virtual cart in the Application. 

4.3.The Buyer agrees that the prices of products listed by the Sellers in the Application do not include the cost of packaging. Specifically, if the Buyer requests packaging (plastic, paper, or other bags), a separate fee for such packaging will be charged.

4.4. Payment for the ordered Goods is made under the terms of a full 100% prepayment by transferring cashless funds to the account details specified in the informational notice in the Application. Payment for the Goods is made in the national currency of Ukraine—hryvnia.

4.5. The Buyer’s obligation to pay for the Goods is considered fulfilled once the corresponding amount of funds is credited to the Too Food account. 

4.6. The order is considered properly placed only after payment for the Goods has been made. Only after payment is made will the Buyer be provided with the available time to receive the order.

4.7. By using the Application and providing the necessary bank details, the Buyer gives their consent and authorization for Too Food to issue payment receipts for the ordered Goods. The Buyer agrees to receive receipts for purchased Goods from Too Food via the email address provided during the use of the Application and/or during the order placement.

4.8. Payment by the Buyer for the Goods in the application, made according to the specified details, releases the Buyer from the obligation to pay the Seller for such Goods upon receiving the order. 

4.9. Too Food accepts payments exclusively in cashless form through the payment system connected to the Application.

4.10. In case of any problems with payment through the payment system used in the Application, the Buyer has the right to contact Too Food's support service. Too Food, in turn, will make every effort to resolve the issue. However, under no circumstances is Too Food liable for problems caused by interruptions, errors in the payment system, or issues with the Buyer's bank or another financial institution.

4.11. When making payments for Goods, the Buyer is required to provide up-to-date card details, including the card number, expiration date, and CVV (CVC) code. With the Buyer's consent, the card will be saved as a payment method linked to the Buyer's account. Too Food does not store card numbers on its servers and can only view the last four digits of the card. Full information is stored exclusively on the servers of the payment system used for transactions.

PROMO CODES OR OTHER OFFERS OR DISCOUNTS

5.1. Too Food reserves the right to unilaterally decide to grant certain Buyers discounts or other bonuses in the Application (hereinafter referred to as "Discounts") at any time. Such Discounts can be revoked by Too Food at any time, unilaterally.

5.2. Sellers have the right to set discounts on specific Goods unilaterally. These discounts can also be revoked by Sellers at any time.

5.3. The Buyer acknowledges and agrees that any Discounts provided may be used only within the validity period established by Too Food or the Seller for each Discount.

5.4. Any Discounts offered may apply only to specific Goods available in the Application or only under certain circumstances (including but not limited to the first order, orders in a specific region, orders at a particular time of day, orders for specific items, etc.).

5.5. If a Buyer is provided with a promo code for a discount, such a promo code must be entered according to the instructions provided in the Application. The Buyer agrees that if the promo code is entered incorrectly, the corresponding discount will not be applied.

5.6. Each individual Buyer may use each specific Discount only once. Therefore, Discounts may be subject to restrictions based on various characteristics, including but not limited to the device, credit/debit card, email address, or phone number, unless otherwise explicitly stated in the Discount terms by Too Food or the Seller.

5.7. Too Food reserves the right to unilaterally cancel and withdraw any previously granted Discount if it becomes known that the Discount was used fraudulently.

RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. The Buyer has the right to:

6.1.1. Require the Seller and Too Food to fully and properly fulfill the terms of these Terms.

6.1.2. Demand that the Seller provides the Goods in accordance with the order and these Terms after presenting the code.

6.1.3. File complaints regarding the quality of the Goods in accordance with the Law of Ukraine "On Consumer Rights Protection" and these Terms.

6.1.4. Return Goods that are unfit for consumption or request a replacement if such unfitness is discovered by the Buyer when receiving the Goods from the Seller.

6.1.5. Exercise other rights provided by these Terms And the current legislation of Ukraine.

6.2. The Buyer is obliged to:

6.2.1. Provide all information necessary for the Seller to properly fulfill the terms of these Terms аnd process the order, including but not limited to:

• A valid and current email address;
• A current mobile phone number;
• The address of the Seller’s retail outlet where the Buyer wishes to receive their order.

6.2.2. Carefully read the content of these Terms, the cost of Goods, and the methods and procedures for payment before placing an order.

6.2.3. To carry out or ensure the acceptance of the Goods from the Seller in accordance with the conditions set forth in these Terms.

6.2.4. Verify the quantity, integrity, and other characteristics of the Goods when receiving them at the Seller's retail outlet.

6.2.5. Fulfill other obligations provided by the current legislation of Ukraine and/or directly or indirectly arising from the terms of these Terms.

6.3. The Seller has the right to:

6.3.1. Require the Buyer to properly fulfill the obligations that directly or indirectly arise from the terms of these Terms.

6.3.2. Refuse to transfer the Goods to the Buyer in case the deadline for receiving the order expires if the reasons for such non-receipt are considered invalid by the Seller.

6.3.3. Review and change the prices and the assortment of Goods offered for sale in the Application at any time and at their discretion.

6.3.4. Conduct sales and offer promotional deals, including temporary opportunities to purchase Goods at a lower price.

6.3.4. Exercise other rights provided by these Terms and the current legislation of Ukraine.

6.4. The Seller is obliged to: 

6.4.1. Provide the Goods of proper quality, quantity, and assortment, as agreed with the Buyer, to the address of the retail outlet selected and accessible to the Buyer in the Application.

6.4.2. Fulfill other obligations provided by the current legislation of Ukraine and/or directly or indirectly arising from the terms of these Terms.

DISPUTE RESOLUTION PROCEDURE

7.1. Any disputes that may arise during the processing and issuance of orders to the Buyer may be resolved by submitting a corresponding claim, detailed in writing, to the party that has breached its obligations under these Terms. Any claims related to the quality of the goods and other characteristics thereof are addressed by the Sellers.

7.2. The Parties shall make every effort to resolve any disputes through negotiations. In the event that the Parties do not reach an agreement on the resolution of the dispute, such disputes and disagreements shall be resolved in court in accordance with the current legislation of Ukraine.