Terms of Purchase

TERMS OF PURCHASE

TERMS OF PURCHASE
for the website aviant.shop

Effective date: “___” ________ 2025

1. General provisions

1.1. These Terms of Purchase (the “Terms”) govern the ordering and purchase of food products (packaged rusks and other crispy bakery snacks) via the website aviant.shop (the “Website”), as well as the rights and obligations of the Buyer and the Seller.

1.2. The Seller and contractual partner is:

PP VKF “AVIANT”
Company ID (EDRPOU): ________
Registered address: Pryvokzalna St. 15, 43000 Lutsk, Ukraine
E-mail: info@aviant.net.ua
Tel.: +38 (044) 240-42-05

1.3. These Terms are drawn up in accordance with the legislation of Ukraine. For consumers located in the European Union / European Economic Area (EU/EEA), mandatory consumer protection rules of their country of residence and of EU law (in particular, Directive 2011/83/EU on consumer rights and Directive 2000/31/EC on electronic commerce), as implemented in national laws, apply to the extent that they provide stronger mandatory protection.

1.4. By placing an order via the Website, the Buyer confirms that he/she:

• has read and agrees with these Terms;
• has the legal capacity to enter into a distance sales contract;
• provides correct and complete personal and contact details.

1.5. These Terms constitute a public offer. By clicking the relevant button (“Confirm order”, “Order”, “Buy now” or similar) and/or by ticking the checkbox indicating agreement with the Terms, the Buyer accepts this offer and enters into a distance contract of sale with the Seller.

2. Products and food safety information

2.1. The Website offers for sale food products, in particular packaged rusks and other crispy bakery snacks (the “Products”).

2.2. For each Product, the Website may display key information such as: product name, ingredients, net weight, nutritional values, possible allergens, shelf life, as well as the name and address of the producer and/or the responsible food business operator, where applicable.

2.3. The safety and quality of Products placed on the market comply with applicable Ukrainian food law and, where Products are supplied to the EU/EEA, with applicable mandatory requirements of EU and national food legislation (in particular with respect to labelling, safety and hygiene), to the extent required by such laws.

2.4. Actual packaging, design, colours or minor visual details of the Products may differ slightly from the images displayed on the Website, due to technical characteristics of devices and screens. Such differences do not in themselves constitute a lack of conformity.

2.5. Before consuming any Product, the Buyer must carefully read the information on the packaging, including the list of ingredients and allergens, storage conditions and expiry date. The Seller shall not be liable for any adverse health effects resulting from allergies or intolerances, if the Buyer disregarded the information provided on the packaging.

3. Prices, currency and payment terms

3.1. Product prices are indicated on the Website. Unless expressly stated otherwise, prices are shown in Ukrainian Hryvnia (UAH). For some destinations, prices may be shown or charged in another currency, in which case this will be indicated during the ordering process.

3.2. Unless clearly stated otherwise, Product prices do not include delivery costs. Delivery charges, if any, are displayed during the ordering process or determined according to the applicable tariffs of the selected carrier.

3.3. The Seller may change Product prices at any time. However, the price applicable to the Buyer is the price displayed on the Website at the moment the order is submitted.

3.4. Payment methods may include, in particular:

• online card payment or other non-cash payment methods;
• cash on delivery (if available for the Buyer’s location and chosen carrier);
• any other methods described on the Website at the time of ordering.

3.5. In case of advance non-cash payment, the Buyer’s payment obligation is fulfilled once the relevant amount has been credited to the Seller’s bank account or confirmed by a payment service provider.

4. Ordering process and conclusion of the contract

4.1. To place an order, the Buyer selects the desired Products, adds them to the shopping cart, proceeds to checkout, fills in all required fields (contact details, delivery method, payment method, etc.) and confirms the order.

4.2. The contract of sale between the Seller and the Buyer is concluded when the Seller confirms the order (for example by e-mail, SMS, phone call or another communication channel) and/or when the Buyer’s payment is successfully completed, depending on the operational model used by the Seller.

4.3. The Seller may contact the Buyer to verify or adjust the order, including regarding Product availability, quantities, delivery options or costs. If the Seller is unable to fulfil the order (in whole or in part), the Buyer will be informed and may agree to a replacement, modification of the order, or a refund of any amounts already paid.

4.4. The Buyer is responsible for the accuracy of the data provided during the ordering process. The Seller shall not be liable for non-performance or improper performance of its obligations if caused by incorrect or incomplete data provided by the Buyer.

5. Delivery of Products

5.1. Delivery is carried out by independent postal operators and courier services according to their conditions and tariffs.

5.2. Available delivery options, indicative delivery times and estimated costs are shown on the Website or communicated to the Buyer when confirming the order.

5.3. Risk of accidental loss or damage to the Products passes to the Buyer in accordance with applicable law and the terms of the chosen carrier, typically at the moment when the Products are handed over to the carrier or to the Buyer, whichever is provided by the contractual and legal framework.

5.4. Upon receipt, the Buyer must inspect the external condition of the shipment (including the integrity of the packaging) and check the quantity of Products received. In case of visible damage to the packaging or discrepancies in quantity, the Buyer should, where possible, record the issue in a damage report with the carrier’s representative and promptly notify the Seller.

6. Transfer of ownership and storage

6.1. Ownership of the Products typically passes to the Buyer upon full payment of the purchase price, unless otherwise required by mandatory law or agreed by the parties.

6.2. After delivery, the Buyer is responsible for proper storage of the Products in accordance with the instructions indicated on the packaging (temperature, humidity, shelf life, and other conditions). The Seller shall not be liable for any deterioration resulting from improper storage or handling after delivery.

7. Withdrawal, returns and complaints

7.1. In many jurisdictions, including Ukraine and the EU, food products of satisfactory quality are generally not suitable for return for health and hygiene reasons once delivered, in particular if their packaging has been opened. For EU/EEA consumers, this is in line with Article 16(c) of Directive 2011/83/EU, which excludes the right of withdrawal for sealed goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

7.2. The Buyer may, however, submit a complaint regarding Products which:

• have manufacturing defects;
• were delivered with damaged packaging or are otherwise clearly not in conformity upon delivery;
• have expired shelf life at the time of delivery; or
• have other substantial defects that make them unfit for consumption.

7.3. In such cases the Buyer should contact the Seller as soon as reasonably possible after discovering the defect (preferably before the expiry date), providing, where possible, photo/video documentation and proof of purchase.

7.4. The Seller may request additional information or conduct verification (including, where appropriate, expert assessment) to determine the cause and nature of the defect.

7.5. If non-conformity of the Product is confirmed, the Seller will, in agreement with the Buyer and in accordance with applicable consumer protection law, provide one of the following remedies:

• replacement of the defective Product with a Product of satisfactory quality; or
• refund of the purchase price (in whole or in part); or
• another lawful remedy agreed with the Buyer.

7.6. Products whose packaging was opened by the Buyer and which are otherwise of satisfactory quality are, as a rule, not eligible for return or exchange, unless mandatory consumer law provides otherwise in a specific case.

8. Liability

8.1. The Seller and the Buyer are liable for non-performance or improper performance of their obligations in accordance with these Terms and applicable law.

8.2. The Seller is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control (force majeure), including, without limitation, natural disasters, war, strikes, failures of payment systems or carriers, or interruptions of telecommunication services.

8.3. To the maximum extent permitted by applicable law, the Seller is not liable for any indirect or consequential damages, loss of profit or other non-direct losses, unless such liability cannot be excluded under mandatory consumer protection rules.

9. Personal data processing

9.1. Personal data of the Buyer are processed in accordance with the Privacy Policy available on the Website and in compliance with applicable data protection laws, including, where relevant, the GDPR.

9.2. By placing an order, the Buyer confirms that he/she has read and agrees with the Privacy Policy.

10. Applicable law and dispute resolution

10.1. Unless mandatory consumer protection rules of the Buyer’s country of residence provide otherwise, the contractual relationship between the Seller and the Buyer is governed by the substantive law of Ukraine.

10.2. The parties will first seek to resolve any disputes amicably. If an amicable solution cannot be reached, the dispute may be submitted to the competent court having jurisdiction under applicable procedural and consumer protection rules.

11. Final provisions

11.1. The Seller may amend these Terms from time to time. The updated version becomes effective upon its publication on the Website, unless stated otherwise.

11.2. The Buyer is encouraged to regularly review the current version of the Terms on this page of the Website aviant.shop.

11.3. In the event of any inconsistency between these Terms and an individual written agreement concluded between the Seller and a specific Buyer, the provisions of such individual agreement shall prevail to the extent of the inconsistency.