Public contract for the provision of services for the preparation and delivery of culinary dishes and drinks
Babushka.kitchen, hereinafter referred to as the “Contractor”, on the one hand, offers this public offer to any individual (hereinafter referred to as the “Client”) to conclude an agreement on the provision of services for the preparation and delivery of culinary dishes and drinks, hereinafter referred to as the “Parties”. If the Client accepts the following conditions and submits the application, the person making the acceptance of this offer becomes the Client. Full and unconditional acceptance of this offer is the application by the Client.
1. The concepts used in the contract
“Artist” - Babushka.kitchen.
“Client” is any legally capable individual intending to issue or place an order for the delivery of the Contractor’s Products.
“Ordering Tool” - the official website of the Contractor on the Internet —Babushka.kitchen/
“Products” are culinary dishes and drinks sold by the Contractor through the Order Tool.
“Application” - Customer’s request for delivery of the Principal’s Products.
“Order” - agreed in accordance with the procedure established by this Public Agreement between the Client and the Contractor, an Application for the delivery of the Contractor’s Products.
2. General provisions
2.1. Under this Agreement, the Contractor provides the Customer with services for the preparation and delivery of culinary dishes and drinks, and the Customer undertakes to pay for the services of the Contractor.
2.2. Prior to the submission of the Application, the Client should be familiar with the terms of this Public Agreement. Submission of the Application by the Client confirms that the Client has read and agreed with all the terms of this Public Agreement. Contractor’s products shall be deemed sold to the Client from the moment of receipt of payment from the Client.
2.3. To submit an application, the Client must use the Ordering Tool.
2.4. The Contractor is entitled to make changes to information about the Products placed in the Ordering Tool. Information about the Products in the Ordering Tool may differ from the actual state of the delivered Products in terms of the properties and characteristics of the Products, including color, size and shape due to natural processes or properties of such Products.
2.5. The Contractor sells the Products and their delivery at the prices provided in the Ordering Tool. The price of the Products and deliveries in the Ordering Tools are determined by the Contractor unilaterally. The Contractor has the right to make changes in the price of the Products and delivery in the Ordering Tool.
2.6. The Contractor sets the minimum amount of the Order. The minimum order amount is determined by the Contractor unilaterally and specified in the Ordering Tool.
2.7. The following information shall be indicated in the Application sent by the Client to the Contractor:
name of the recipient of the Order;
contact phone of the recipient of the Order;
list of the Contractor’s Products;
Delivery address of the Order;
the desired delivery time of the Order.
2.8. Any actions performed by the Client within the framework of this Public Contract are deemed to be committed by the Client and are obligatory for the Client and impose obligations on it under this Public Contract.
2.9. Order approval procedure:
1) the Customer becomes acquainted with the Products of the Contractor using the means of placing an order;
2) the Client leaves the Application to the Contractor using the Ordering Tool;
3) The Contractor agrees the Order with the Client:
name of the recipient of the Order;
contact phone of the recipient of the Order;
Delivery address of the Order;
method of payment by the Client of the Order;
list of the Contractor's Products ordered by the Customer and its cost;
the desired time of delivery of the Order to the Client, taking into account its location, the Contractor’s workload with Orders, the current traffic situation and weather conditions.
4) the Client makes payment for the agreed Order (in the case of non-cash payment by the Client);
5) the Contractor delivers the agreed Order to the Client;
6) The Client pays for the delivered agreed Order (in the case of payment by the Client in cash or through the terminal by credit card).
2.7. The Client has the right to make changes to the Order only until such time as the Order is not transferred by the Contractor to the delivery to the Client.
2.8. The Contractor shall have the right to involve third parties in the execution of this Public Agreement. The Contractor shall be liable to the Client for the actions of third parties involved.
2.9. Services under this Public Agreement are provided by the Contractor in the following territory: the city of Pattaya.
2.10. The Contractor does not guarantee permanent or unconditional access to the Ordering Tool. The functioning of the means of placing an order may be violated by actions of third parties, force majeure and other facts, the prevention or overcoming of which goes beyond the limits of the Contractor’s capabilities.
3. Rights and obligations of the parties
3.1. The Contractor undertakes to:
3.1.1. provide the Client with all the necessary information about the cost, terms and conditions of the provision of services for the preparation and delivery of culinary dishes and drinks.
3.1.2. ensure fulfillment of its obligations to the Client under the conditions established by this Public contract and in accordance with the requirements of current legislation.
3.1.3. post information about changes in the terms of this Public Agreement.
3.2. Contractor may:
3.2.1. unilaterally change the terms of this Public Agreement.
3.2.2. unilaterally change the cost of production in the checkout tool.
3.2.3. increase the cost of delivery by 50 baht, if the cost of the ordered Products does not exceed 5 00 (five hundred) baht.
3.2.4. refuse to unilaterally execute the Order, in the absence of the opportunity to provide the Customer with the Order. These cases include:
refusal of the Customer to pay for the Order or evasion of the Customer from payment for the Order;
refusal of the Customer or the person specified by the Customer as the recipient of the Order to receive the Order or evasion of the Customer or the person designated by the Customer as the recipient of the Order from receiving the Order;
in the absence of the opportunity for the Contractor to provide the Customer with the Products;
Client’s refusal to eliminate the shortcomings that hinder the Contractor in fulfilling the Order, including when the Client provided inaccurate data: incorrect address, contact telephone number;
The Client has previously been denied the provision of services by the Contractor, due to the unfair behavior of the Client, including fraudulent activities, violations of this Public Agreement, etc.
3.2.5. request from the Client all the information necessary for the execution of this Public Agreement.
3.2.6. change the delivery time, in case of an unforeseen situation, including the receipt by the Contractor of a large number of Orders, traffic jams and accidents, adverse weather conditions, vehicle breakdowns for delivery, etc. .
3.3. The client undertakes to:
3.3.1. prior to the submission of the Application, familiarize yourself with the content and terms of this Public Agreement, as well as the Products and its full membership, delivery conditions and the minimum cost of the Order in the Ordering Tool.
3.3.2. should the Client refuse to receive the Order, immediately notify the Contractor.
3.3.3. pay for the agreed and delivered Order to the Contractor in the manner prescribed by this Public Agreement. provide reliable data necessary for the Contractor to deliver the agreed Order to the Client.
3.3.4. do not use the ordered products for business purposes. not to use the Ordering Tool for purposes other than those specified in this Public Agreement.
3.4. The client has the right to:
3.4.1. execute an unlimited number of Orders through the Ordering Tool subject to the restrictions provided for in this Public Agreement.
3.4.2. receive from the Contractor the information necessary for ordering by the Customer of the Contractor’s Products.
3.4.3. receive information about the products of the Contractor.
4. Payment for the order
4.1. Payment for the Order is made by the Client in the currency of the Kingdom of Thailand - Thai Baht.
4.2. The client has the right to pay for the Order in the following ways:
cashless until the transfer of the Order to the delivery;
in cash immediately upon the actual receipt of the Order by the Client;
5. Return and exchange of products
5.1. The Contractor is obliged to transfer to the Customer Products that fully comply with the agreed Order, the quality of which corresponds to the information provided to the Customer.
5.2. Upon receipt of the Order, the Customer shall verify the compliance of the received Products with the agreed Order, the completeness and absence of claims to the appearance of the delivered Products. In the case of receiving poor-quality Products, or non-compliance of the received Products with the agreed Order, the Customer has the right to demand replacement of such Products with Products of adequate quality within 5 minutes after receiving the Order, notifying the Contractor thereof, or returning the Order of inadequate quality with the request return the previously paid cash to the Customer for this Product, or demand to reduce the cost of the Order by the amount of the cost of Rotatable Products.
5.3. If the deadline specified in clause 4.2 of this Public Contract is missed, the Customer’s claims are not accepted by the Contractor.
5.4. The product is exchanged by the Contractor for similar products of good quality, or upon agreement with the Customer, other Products as selected by the Customer. In this case, the previously paid cash goes to offset the newly selected products. The exchange and delivery of products is carried out at the expense of the Contractor.
5.5. The Contractor shall have the right to refuse to the Customer in the exchange of Products, if illegal actions on the part of the Customer, damage to the Products, fraudulent actions, etc. are established.
5.6. Refunds to be paid to the Client are made on the basis of a written statement from the Client. In case of recognition of the application for the return of funds to the Client justified, the Contractor shall refund the funds. Refunds are refunded by the Contractor in accordance with the method of payment previously selected by the Client.
5.7. The refund by the Contractor is carried out in the terms established by the current legislation of the Kingdom of Thailand.
6. Force Majeure
6.1. Any of the Parties shall be released from liability for complete or partial non-fulfillment of its obligations under this Public Agreement, if this non-performance was caused by force majeure. Circumstances of force majeure mean extraordinary events and circumstances that the Parties could neither foresee nor prevent by reasonable means. Such extraordinary events or circumstances include, inter alia: strikes, floods, fires, international sanctions, earthquakes and other natural disasters, wars, military actions, etc.
7. Validity of a public contract
7.1. This Public Contract is valid from the moment of receipt of the Application from the Client until the Parties fully fulfill their obligations under such an Order.
8.1. In the event of the Client’s refusal to receive the Order, the Client is obliged to pay the Contractor the costs incurred, except in the case of receiving defective Products, or if the received Products do not comply with the agreed Order. The Contractor is entitled to credit the funds received from the Client on the Order against the expenses incurred.
8.2. The Client is responsible for the actions of the persons indicated by them as recipients of the Order.
8.3. In the event of non-fulfillment or improper fulfillment of their obligations under this Public Contract, the Parties shall be liable in accordance with the current legislation of the Kingdom of Thailand.
8.4. The Contractor shall not be liable for damage caused to the Client or to third parties as a result of improper use of the Products by the Client or third parties, including not for its intended purpose.
8.5. The Contractor shall not be liable for the losses of the Client arising from the provision of incorrect, false information and data by the Client.
8.6. The Client is responsible and all losses for actions, inaction of the recipient of the Order specified by the Client in the agreed Order.
9. Dispute Resolution
9.1. Disputes and disagreements that may arise during the execution of this Public Agreement will, if possible, be resolved through negotiations between the Parties. Claims for the quality and timing of the Order are sent by the Client to the Contractor within the time limits established by law.
9.2. If the Parties do not come to an agreement on controversial issues, disputes will be referred to the court at the location of the Contractor, claims for the protection of consumer rights may be filed to the court at the place of residence of the Client. Before filing a lawsuit in court, the Parties are entitled to file a claim. If a different deadline is not established by law, the response to the submitted claim must be given within fourteen calendar days from the moment it is received by the Party, and if the claim is sent by registered mail, within fourteen calendar days from the moment it is received by the post office Parties.
10. Final provisions
10.1. This Public Agreement is posted by the Contractor on the website: www.babushka.kitchen
10.2. The Contractor has the right to unilaterally make changes and additions to this Public Agreement by publishing such changes on the Internet site www.babushka.kitchen, and such changes become effective and become binding for the Parties after three calendar days from the date of publication of such changes. Online.
10.3. Statements, notifications, notices, requirements or other legally significant messages with which this Public Contract links civil law consequences for the Parties entail such consequences for the person from the moment the message is delivered to the Party, and such notifications can be sent by mail, an e-mail to the e-mail address, telephone number using the details specified in this Public Agreement and in the Ordering Tool.
10.4. In all other respects that are not stipulated by this Public Contract, the Parties are guided by the current legislation of the Kingdom of Thailand.