Public offer contract
Kyiv сity
The limited liability company "TRADING COMPANY PARITET", in the person of the director Svitlana Yevgenivna Malynytska, acting on the basis of the Company's Charter, hereinafter referred to as the "Executive", on the one hand, and any natural person who joins this contract by concluding a contract joining, in the manner defined by this contract, hereinafter referred to as the "Customer", on the other hand, hereinafter referred to as the "Parties", in accordance with the requirements of Art. 633 of the Civil Code of Ukraine, concluded this agreement on the following:
1. TERMS AND CONCEPTS
1.1. A public offer contract for the provision of physical comfort services is a contract according to which the Contractor undertakes to provide physical comfort services to anyone who applies to him, while the terms of this contract are set to be the same for all Customers.
1.2. Joining the contract of the public offer for the provision of physical comfort services is the joining of the Customer to the proposed contract of the public offer for the provision of physical comfort services as a whole, through the payment of the Contractor's services. The customer cannot offer its terms of joining.
1.3. The moment of conclusion of the joining agreement is the moment when the Customer pays the invoice for the provision of services issued by the Contractor and credits the specified funds to the Contractor's current account.
1.4. The customer is a person who intends to use or has actually used physical comfort services.
1.5. A guest is a person who intends to use or has used the services of the Contractor, the cost of which has been paid by another person (the Customer).
1.6. Physical comfort services are services aimed at improving the physical condition and ensuring the comfort of individuals.
2. SUBJECT OF THE AGREEMENT
2.1. Under this contract, the Contractor undertakes to provide physical comfort services, namely: rest using the Natural Adjuster Capsule device, massage services with massage chairs, etc., to the Customer or the Guest(s) specified by the Customer in the order.
3. SERVICE PROCEDURE AND RULES OF CONDUCT
3.1. Services under this contract are provided to Customers and/or Guests, provided they observe the following rules:
3.1.1 It is possible to visit places of provision of services only if there are no signs of respiratory and (or) viral diseases;
3.1.2. Observe established hygiene rules;
3.1.3. Do not consume food and drinks other than those offered by the Performer;
3.1.4. In order to avoid injuries, be extremely careful when using the services, as well as observe safety rules;
3.1.5 It is allowed to visit the places of service provision on the days and times specified in the price list (certificate).
3.1.6. It is strictly forbidden to be in places where physical comfort services are provided:
- to be drunk and under the influence of drugs, as well as to bring and consume alcoholic and low-alcohol beverages;
- bring food, alcoholic and non-alcoholic beverages;
- visit the facility with animals;
- leave valuables unattended;
- It is prohibited to bring firearms, gas, pneumatic and cold weapons, piercing and cutting objects, as well as explosives and flammable substances to the territory;
- it is prohibited to interfere with the operation of devices and equipment available at the places of service provision.
3.1.7. In order to ensure the safety of visitors and their compliance with the rules of safety for life and health, the Customer and/or the Guest is obliged to notify the staff of the institution that he intends to use to receive physical comfort services of any illnesses that may have contraindications for receiving services.
3.1.8. If the Customer and/or the Guest did not inform about any illnesses and the provision of physical comfort services caused any damage, including but not limited to worsening the physical condition of the Customer and/or the Guest or causing more serious consequences, the Contractor shall not be liable.
3.1.9. The Contractor shall not be responsible for the safety of personal belongings and jewellery left unattended.
3.2. Services under this Agreement shall be provided to Customers and/or Guests over 18 years of age in accordance with the price list (certificate). Services shall be provided to Customers and/or Guests aged 14 to 18 years in the presence of a responsible person (parents, adoptive parents, guardians, trustees). Services are not provided to children under 14 years of age due to warnings from device manufacturers.
3.2.1.The Contractor does not accept guests under the age of 14 due to the lack of a specially equipped room and a qualified childcare worker, which makes it impossible to ensure proper safety.
Translated with DeepL.com (free version)
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Customer and/or the Guest are obliged to:
4.1.1. Observe the rules of conduct for visiting institutions providing physical comfort.
4.1.2. Notify the Contractor of the necessary information that may affect the performance of the latter's obligations under this contract.
4.1.3. Timely payment for services within the terms and in the order specified by this contract.
4.3. The executor is obliged to:
4.3.1. Be responsible for the quality of the services provided in accordance with the terms of this contract and the current legislation of Ukraine.
4.4. The executor has the right to:
4.4.1. Refuse the Customer and/or Guest to provide services in cases of non-compliance with the rules stipulated in this contract, as well as if the Customer and/or Guest repeatedly violates the internal rules of the establishment, which leads or may lead to material losses or creates inconvenience for other visitors.
5. MUTUAL CALCULATIONS OF THE PARTIES
5.1. Prices for physical comfort services offered by the Contractor are determined in the national currency of Ukraine - hryvnias and are payable within the terms specified in the contract, by payment by bank transfer, in cash or using payment cards.
6. RESPONSIBILITY OF THE PARTIES
6.1. In case of violation of their obligations under this contract, the Parties are responsible in accordance with the current legislation of Ukraine. A breach of an obligation is its non-performance or improper performance, i.e. performance in violation of the conditions determined by the content of performance.
6.2. In the event that the parties to this agreement do not voluntarily reach an agreement on disputed issues, this agreement may be challenged by the interested party in court.
7. FORCE MAJEURE
7.1. The Parties are not responsible under this contract, if the impossibility of their fulfillment of their obligations arose due to circumstances of uncontrollable force (force majeure circumstances), which do not depend on the will of the Parties and are outside their competence, which is subject to proof by the Party that refers to such circumstances . Such circumstances include, in particular, military events, natural disasters, strikes and other similar circumstances. The document confirming the circumstances of force majeure is a certificate of the Chamber of Commerce and Industry at the place of residence of the relevant Party.
8. OTHER TERMS
8.1. The relations of the Parties, not regulated by this contract, are subject to the norms of the current legislation of Ukraine.
8.2. The parties reserve the right to prematurely terminate this agreement in accordance with the terms of this agreement.
8.3. The parties acknowledge that all terms of this agreement are confidential information, and neither party undertakes to disclose the terms of this agreement to any third parties.
8.4. The term of validity of this contract is determined by the Parties until the moment of full fulfillment of the obligations assumed, and in the part of settlement - until the moment of full settlement between the Parties.
8.5. The moment of conclusion of this contract is the moment when the Customer pays for the Contractor's services. At the same time, full or partial payment of the cost of services is confirmation by the Customer of unconditional acceptance of the terms and conclusion of the contract, the text of which is located on the official website of the institution on the Internet https://amospring.com
for the provision of physical comfort services