Public Contract (OFFER)
The offer is the official proposal of the Seller to conclude a Contract of sale for Certificates that grant the right to purchase goods and services on the territory of the Entertainment complexes under the TM PAPASHON (PAPASHON), with the Licensees of TM PAPASHON (PAPASHON) remotely, i.e., through the Internet portal, hereinafter referred to as the “Contract,” and places the Public contract (Offer) on the official website of the Licensees of TM PAPASHON (PAPASHON) “http://newbowling.papashon.com” (hereinafter referred to as the “Internet site”).
General Provisions
1.1 In accordance with Articles 633, 641, 642 of the Civil Code of Ukraine (hereinafter referred to as the CCU) and the Rules for the sale of goods by order and outside trade or office premises, approved by the order of the Ministry of Economy of Ukraine dated 19.04.2007 No.103, this document is an offer, and the fact of placing an order by the Buyer through the site by filling out the corresponding form is a complete and unconditional acceptance of this public contract and the information provided on the site.
1.2 The parties to this transaction are governed by the Laws of Ukraine: “On Electronic Commerce,” “On Consumer Rights Protection,” “On Advertising,” “On Electronic Documents and Electronic Document Flow,” “On Information Protection in Information and Telecommunication Systems,” “On Telecommunications,” “On Electronic Digital Signature,” “On Payment Systems and Funds Transfer in Ukraine,” “On Financial Services and State Regulation of Financial Services Markets,” “On Personal Data Protection.”
1.3 “Seller” means an individual entrepreneur who, on behalf and in the interests of the Licensees of TM PAPASHON, PAPASHON, sells Certificates for goods and services provided on the territory of Entertainment complexes under the TM PAPASHON (PAPASHON).
1.4 “Buyer” means a capable individual who has reached the age of eighteen, purchasing Certificates from the Licensees of TM PAPASHON, PAPASHON, presented on the website of the Internet portal, for purposes not related to entrepreneurial activity.
1.5 “Goods” mean the list of certificates published on the website of the Internet portal with the corresponding denomination. After purchasing a certificate, the Buyer acquires the right to claim goods/services sold/provided by the Entertainment complexes under the TM PAPASHON (PAPASHON).
1.5.1 “Certificate Denomination” means the nominal value of the Certificate, which determines the maximum cost of the claim right for which the Certificate can be used.
Certificates with the following denominations are presented on the site: 100 (one hundred), 200 (two hundred), 500 (five hundred), 1000 (one thousand), and 2000 (two thousand) hryvnias.
1.5.2 “Claim Right” means the right of the Buyer under the certificate to demand the provision of goods/services by the Licensees of TM PAPASHON (PAPASHON), the content of which was agreed upon between the Seller and the Performer.
1.5.3 The Certificate is not valid for the purchase of alcoholic beverages.
1.6 Personal Account means the personal section of the Buyer on the Seller’s website, which the Buyer has access to, where his personal information, bonus account balance, list of purchased certificates, received coupons, and discounts, history of certificates, coupons, and discounts usage, and the ability to purchase certificates online and more are reflected. To use the personal account, the client must be an active user of the TM PAPASHON (PAPASHON) loyalty card.
1.7 All terms of the Contract outlined in this public offer are mandatory for the Seller and the Buyer. Before starting to use the Internet site and placing an order through it, each Buyer is obliged to familiarize themselves with the terms of this Contract.
1.8 “Performer” means the Licensees of TM PAPASHON, PAPASHON – an economic entity that, based on an agreement with the Seller, has provided the Seller with the right to claim the consumption of goods/services, has granted the Seller the right of assignment in favor of third parties of the claim rights for the consumption of goods/services, and directly provides services in exchange for certificates.
1.9 In case of any questions, please contact:
Call Center Phone: 048-705-80-70
Email for inquiries: backoffice@newbowling.papashon.com
Subject of the Contract
2.1 In the manner and on the terms defined by the Contract, the Seller undertakes to transfer to the Buyer’s ownership Certificates of the corresponding denomination, and the Buyer undertakes to pay for the specified certificates and accept them into ownership in accordance with the terms of this Contract.
2.2 The Seller guarantees that the claim right under which the certificates can be redeemed belongs to him and/or will belong to him in the future on the right of ownership, is not subject to prohibition of alienation, arrest, is not and will not be the subject of a pledge and other means of securing obligations before any individuals or legal entities, state bodies and the state, as well as is not and will not be the subject of any other encumbrance or restriction provided by the current legislation of Ukraine.
3. Price of Certificates and Total Contract Value
3.1 The price of certificates is determined by their denomination. The nominal value of the Certificate corresponds to the amount of the payment made, including VAT, and is indicated in hryvnias.
3.2 The total amount of the Contract is determined as the sum of all Certificates purchased and transferred to the Buyer’s ownership during the term of this Contract.
3.3 Payment for Certificates is made by the Buyer in non-cash funds using bank cards when placing an Order in the amount corresponding to the Order amount indicated on the Site.
3.4 The Seller has the right to provide discounts on Goods/services and establish a bonus program. The types of discounts, bonuses, the procedure, and conditions for their accrual are determined by the Seller independently and indicated on the Site and can be changed by the Seller unilaterally.
3.5 The Seller keeps statistics of orders placed by the Buyer.
4. Terms of Use of Certificates
4.1 To use the Certificate(s), the Buyer is obliged to inform the Performer’s service personnel about the intention to use the certificate before paying for the goods/services. The Performer’s staff deducts the certificate(s) from the loyalty card of the regular customer when calculating with the certificate.
4.2 The Seller is not responsible for the quality of goods/services provided by the Performer using the certificate. Acceptance, consideration, and/or satisfaction of complaints, claims, and demands for goods/services consumed using the certificate are carried out by the Performer in the general order provided by the current legislation of Ukraine. At the Buyer’s request, the Seller provides information about the details of the Performers providing goods/services.
4.3 The certificate cannot be used partially. The certificate’s nominal value is not subject to division. The certificate is not subject to partial exchange for the Performers’ services.
4.4 The Performers independently determine the conditions for providing services/goods and are responsible to the Buyer for the quality of the provided goods/services.
4.5 The certificate is not subject to exchange for cash. The certificate and the funds paid in payment for its value are not subject to return, except in cases provided by the current legislation of Ukraine and conditions defined on the website.
4.6 Certificates have a limited validity period of 1 (one) year and can be used at any convenient time in the Entertainment complexes under TM PAPASHON (PAPASHON).
4.7 The certificate cannot be used under other conditions than those defined by the Contract.
4.8 The Seller accepts and considers complaints, claims, and demands regarding the non-performance and/or improper performance of the Seller’s obligations under the Contract by the phone numbers and/or email specified in paragraph 9.1 of this Contract.
4.9 The Buyer has the right to terminate the Contract and demand a refund of the paid funds by notifying the Seller within fourteen days from the moment of concluding the Contract or from the moment of the first receipt of Certificates. The return of paid funds stipulated by this paragraph of the Contract is carried out in the manner in which they were transferred for the certificate, excluding the Bank commission, which is borne by the Buyer.
5. Term of the Public Offer
5.1 This Public Offer comes into force from the moment of its acceptance by the Site Visitor / Buyer and is valid until the moment of withdrawal of the acceptance of the Public Offer.
5.2 The Seller’s obligations under the Contract do not terminate and cannot be terminated regarding Certificates whose validity period has not expired.
5.3 The termination of the Contract and the notification of the termination of the Contract are carried out by the Seller by publishing such data on the website no earlier than 3 (three) calendar days before the termination date of the Contract. The Contract is terminated from the date specified in the notification of the termination of the Contract.
5.4 Changes to this Contract are made by setting forth this contract in a new edition.
6. Privacy Policy
6.1 You can familiarize yourself with the privacy policy at the link “Privacy Policy.”
Liability and Dispute Resolution Procedure
7.1 The parties are responsible for non-performance or improper performance of their obligations under this Contract in accordance with the current legislation of Ukraine.
7.2 The Buyer, placing an order, is responsible for the accuracy of the information provided to the Seller about themselves and also confirms that they have read the terms of this Contract and agree with them. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
7.3 The Seller is not responsible for the inability to fulfill the Buyer’s order if such inability arose as a result
7.4 The total liability of the Seller for non-performance or improper performance of the terms of this Contract is limited to the amount of the Buyer’s payment made based on this Contract.
Force Majeure
8.1 Force majeure circumstances are circumstances arising from extraordinary events that could not be foreseen and which the Parties could not prevent: fires, floods, storms, dust storms, earthquakes, droughts, or other natural phenomena, as well as wars, restrictions or sanctions of any states, which occurred de jure or de facto, actions of state authorities, blockades, strikes, sabotage, anarchy, riots, flight delays under conditions that these circumstances affect the fulfillment of Contractual obligations and the fault of the Party to whom such circumstances prevented the performance of their obligation under this Contract is absent.
8.2 After the termination of the force majeure circumstances, the term for the fulfillment of obligations is resumed. The Party that has suffered from their action must notify the other Party in writing about the termination of the force majeure circumstances.
8.3 If the force majeure circumstances last for more than 30 (thirty) consecutive calendar days, the Parties have the right to terminate this Contract and make final settlements. In this case, the losses caused by the termination of the Contract are not compensated, and no penalties are paid.
Additional Conditions
9.1 The Seller has the right to assign or in any other way transfer their rights and obligations arising from their relationship with the Buyer to third parties.
9.2 In the case of payment for the Order in the manner specified in clause 3.3 of the Offer, an additional commission may be charged by the issuing bank.
Seller’s Details:
Limited Liability Company “MAJESTIC TRADE MARK”
65058, Odesa, Shampanskyi Lane, 9
EDRPOU Code 44193286
Account No. UA 613071230000026001010944390
at PJSC Bank “Vostok”, MFO 307123, Dnipro
Single tax payer of the 3rd group.