Public Offer

PUBLIC OFFER

The Present Offer, further Agreement with “FoodHouse” SRL, Foodhouse registered trademark (further Foodhouse) is considered concluded, from the moment of execution by the User of the one of explicit actions:
•    Registration on the website Foodhouse.md (further «Website»);
•    User order registration without authorization on the Website;
•    Order registration by phone of  Foodhouse Contact Center;

The present Agreement is equal with the agreement in writing. The conclusion of User agreement means, that the User has acquainted with the conditions of present Agreement, and fully and unconditionally accept them, including - he agrees the User personal data processing, on the conditions specified in the 12th part of present Agreement, as well as he agrees receiving e-mail, SMS and other types of dispatches with informational and promotional content.

1.    Subject of the User Agreement 

1.1. Foodhouse offers its services on the terms, which are the subject of present Agreement. 
1.2 Present Agreement can be modified by Foodhouse without any special notification, new edition of Agreement shall enter into force after 1 day from the moment of its placement if, another is not stipulated in the new edition of the Agreement. The current edition of Agreement can be find by the following link www.Foodhouse.md/agreement/

2.    Services description

2.1.    Foodhouse is an informational system of Orders and offers its users the large possibilities for quick and easy searching and Ordering the meals prepared by Foodhouse Parteners. 
2.2.    Foodhouse delivers all items, published on the Website, as well as receives funds for Orders from Users. Foodhouse is responsible for the delivery of goods.  
2.3.    The delivery service of goods (from Foodhouse Parteners), is not included in the cost of goods, and paid separately.  
2.4.    In order to use Foodhouse services, it is necessary to have computer, tablet, smartphone and access to the Internet (WWW).
2.5.    The User registers the Order on his own on the Website, or by calling the Foodhouse Contact Center. 
2.6.    Under the one Order, user can order products only from the one Partener. 

3.    Order registration

3.1.    The User registers his Order in the system by products and services selecting under the one Foodhouse Partener.
3.2.    After personal data introducing: Name/Surname, phone number, e-mail, delivery address, User complete his Order registration by selection of payment method. Conditions and methods of payment are, stipulated in the 4th part of Present Agreement. 
3.3.    After Order registration, User is obliged to wait until Contact Center operator call for Order confirmation. If the User does not answer the Operator calls or if the User phone is not available the Order is considered to be unconfirmed and will not be submitted for implementation. 

4.    Terms of payment

4.1.    The user pays Order by one of the following methods: 
4.1.1.    Cash payment to the courier upon receipt the Order;
4.1.2.    On-line payment by bank card VISA/MasterCard via the S.A. «MoldovaAgroindbank» payment system on Website. 
On-line payment is available only for registered Users in the authorized website zone.
Choosing on-line payment, after Order registration, the User will be re-directed to the protected payment page S.A. «MoldovaAgroIndBank» ecomm.maib.md, where it will be necessary to enter his credit card details. 
S.A. «MoldovaAgroindbank» protects and process User credit card details according to the PCI DSS security standard. The transmission of information to the payment gateway occurs with the use of SSL encryption technology. Further information transmission occurs via closed banking networks, which have the highest level of safety. S.A.«MoldovaAgroindbank» do not transmit Foodhouse User card details to the third parties. For additional cardholder authentication the 3D Secure protocol is used. If the User Bank supports this technology, User will be re- directed on the bank server for additional identification. User can clarify information about rules and methods of additional identification in the bank that issued the credit card. 
After on-line payment procedure completion, the User receive e-check by e-mail specified during his registration at Website.  
S.A. «MoldovaAgroIndBank» guarantees security of Internet payments processing. All operations with payment cards occurs in accordance with VISA International, MasterCard and other payment systems requirements. For data transfer special technologies of cards on-line payment security are used, data processing occurs on secure high-tech server of processing company. 

4.2.    If the User is not registered in the system he, can pay Order only by cash to the courier. 
4.3.    Foodhouse has a right to refuse User Order registration with method of payment "by cash to courier" if previously User Orders were not delivered due to Foodhouse fault. For example, if the User did not open the door, or did not answer on courier call, or if the User specified non-existent or invalid delivery address etc.    

5.    Terms and cost of delivery 
5.1.    The delivery is, carried out within the Chisinau and its suburbs. 
5.2.    Possibility and cost of delivery in suburbs should be clarify with operator on each Order separately. 
5.3.    On the Order confirmation, Foodhouse operator informs about Terms of Order delivery.
5.4.    Terms of delivery may depend on the number and/or on the degree of complexity of preparing the ordering dishes, as well as on functioning capacity of restaurant or shop where User made the Order. Terms of delivery may depend on weather and/or other circumstances, which not depend on Foodhouse and his Parteners.  
5.5.    You can find the cost of delivery within the Chisinau and its suburbs by the link: http://Foodhouse.md/ru/delivery 
5.6.    After order registration and prior to its transmission into work (preparation ) the User has the right to reject his Order without penalties. 
5.7.    If the User reject Order after its transmission to work (preparing) or the Order is in the direction of User address, the User pay cost of delivery fully.  
5.8.    Foodhouse is responsible for the Order safety (integrity and completeness) during the transportation.

6.    Order receiving

6.1.    The User is obliged to take the Order delivered by Foodhouse courier. 
6.2.    If the User select mode of payment "by cash to courier" the User is obliged to pay by cash the cost of Order and delivery to courier. 
6.3.    The User is obliged to verify Order integrity and completeness in the presence of Foodhouse courier. 
6.4.    Foodhouse is not responsible for Order integrity and completeness in case when the User do not verify his Order in presence of courier.

7.    Conditions of refund

7.1.    The refund is made in the same way the payment was made.
7.2.    The refund is made instantly, fully or partially, if the Foodhouse Partener could not deliver fully or partially the products/services, ordered by the User. 
7.3.    In case of “on-line” payment the refund for order and its delivery is not made if the Order was not delivered not by Foodhouse fault (the user did not answer Operator when checking the Order, did not open the door, did not answer courier call, or if the User specified incorrect or nonexistent address of delivery etc.) The refund is, not made in case if the User did not verify Order integrity and completeness on Order receipt etc. 
7.4.    In case if the User reject the Order, or in case of violation by the Foodhouse Parteners of conditions of goods and/or services realization, including but not limited by: in case of unilateral rejection of goods and services realization, violation of conditions of delivery, or if the quality of goods and/or services does not correspond, including harmful effects on health etc. The User is obliged to inform Foodhouse about his Order rejection in writing by e-mail office@Foodhouse.md within 24 hours from the moment of delivery. 
In the letter must be indicated the next information: the reason for the return of funds, Order number, documents that confirm payment for Order, bank details, passport data: Name, Surname in the state language and IDNO, postal address (necessary with index). The proofs shall be provide (certificates, photos etc.) 
7.5.    The refund is made within 1-5 working days from the moment of request receiving from the User. The refund is made only after being proven fact of violation. Foodhouse is not responsible for the bank delays on refund. 
7.6.    The user must take into account the fact that the bank may charge the omission as payment for funds transfer. There are refund only funds paid for products and corresponding delivery. 

8.    Obligations under registration and Site using

8.1.    In order to use the service of on-line payment , the user should be registered in the system.
8.2.    In order to use Foodhouse services, the User express consent to present truthful, exact and full information about himself, under the questions from registration form, to pass the registration procedure on the Website by completing registration form and expressing consent with Agreement conditions by the point «I accept conditions of agreement » confirmation. 
8.3.    If the User presents incorret information or if the Foodhouse has serious reasons to consider that presented information is incorrect, not complete or not exact, Foodhouse has the right to suspend or to cancel user registration and to refuse him in the use of its services.  
8.4.    If in Foodhouse opinion the User violate any conditions of Present Agreement, Foodhouse may suspend, limit or cancel access to services.  Canceling services provision does not limits Foodhouse in other rights. 
9.    Registration, password and security 

9.1.    The User is responsible for his login and password security, as well as for everything that will be done on the Foodhouse under his login and password. 
9.2.    The user agrees  that he is obliged immediately to inform Foodhouse about case of unauthorized (unallowed) access with his login and password and/or any violation of security. 

10.     Terms of use of the materials placed on Foodhouse 

10.1.    Website contains the materials which are protected by copyright, trademarks or other materials protected by legislation, including but not limited: texts, photos, graphic images. 
10.2.    All Website content is protected by copyright as product created by collective creative work, in accordance with the Law of the Republic of Moldova on Copyright and Related rights.
10.3.    Foodhouse owns the copyright to use the content of the Website (including the right for selection, placement, systematization and transformation of data contained on the Foodhouse website, as well as initial data), except cases specified in the content of materials published on the website. 
10.4.    The User is obliged to use Website only for legal purposes. 
10.5.    The User is obliged not to place on the Website and not to send anywhere through the Website any materials with following content: 
•    Which violate the law, which contain threats and offences, which discredit other persons, which violate human rights for private life of public order, which have character of obscenity; 
•    Which violate in a varying degree honor and dignity, other persons rights and interests protected by the law; 
•    Which contribute or contain incitement of religious, racial or ethnic hatred, which contain attempts to instigate hatred or incitements to violence; 
•    The other materials which contribute other persons to illegal behavior, which entail criminal, right-civic or other responsibility or which in any mode violate legislative provisions. 
10.6.    The User is obliged not to place on Foodhouse and not to send anywhere through the Website materials which are advertisement of goods or services, without Foodhouse agreement.  
10.7.    The User is obliged not to use Foodhouse for advertising or other sale of goods and services promotion, including but not limited, users stimulation to subscribe to a different system of interactive services, which is Foodhouse rival. 

11.    Responsibility

11.1.    Foodhouse is not responsible for quality of goods provided. 
11.2.    Foodhouse is responsible for Order safety (integrity and completeness) during its transportation to the User.

12.    Foodhouse property rights

12.1.    The user recognizes and accepts that Foddhouse services and all necessary programs associated with them contain confidential information, protected by the Republic of Moldova legislation on intellectual property and other international rights. The user agrees not to modify, not to sell, not to distribute this content and programs, fully or partially.
 
13.    Confidentiality

13.1.    User personal data are processed in accordance with the Law of the Republic of Moldova «on personal data protection » №133 from 08.07.2011 and Provision on Foodhouse Client personal data protection. 
13.2.    On Foodhouse website registration, the User presents the following information: Name, e-mail address, phone number, delivery address. 
13.3.    Presenting his personal data on Order registration, the user agrees their processing by Foodhouse in order to fulfill Foodhouse obligations to the User under present Agreement, to inform Users about its services, Foodhouse goods and services promotion,  electronic and sms survey, marketing actions control, customer support, delivery of goods to User, hold prize raffle, User contentment control, as well as Foodhouse services quality. It is not considered as violation information presentation by Foodhouse to Parteners, agents and third parties acting on the basis of agreement with Foodhouse for execution of obligations to User. 
13.4.    Under the processing of personal data is understood any action (operation) or cumulative action, performed with using of means of automatization or without use of such means with personal data, including collecting, recording, systematization, storage, clarifying (updating, modification), extraction, use, transmission (including third parties, trans-border transmission if the need for it arose in the course of performance of obligations), depersonalization, blocking, elimination, destruction of personal data. 
13.5.    Foodhouse has the right to send informational, advertising messages by e-mail and/or phone by User agreement. The user has the right to reject receiving of such information without explaining the reasons of refusal. Services messages, which inform User about Order and processing steps are sending automatically and can not be rejected by the User. 
13.6.    Foodhouse has the right to use the technology «cookies». «Cookies» does not contain confidential information, and Foodhose has the right to transmit information about «cookies» to Parteners, agents and third parties, which have signed agreements with Foodhouse, for the fulfillment of obligations to User and for purposes of statistics and optimization of advertising messages.  
13.7.    Foodhouse receives information about Foodhouse (www.Foodhouse.md) visitor ip-address. Present information, is not used for identification of visitor. Foodhouse is not responsible for information, presented by User on the Website in accessible form. 
13.8.     Foodhouse has the right to carry out the recording of phone conversations with the User. Foodhouse is obliged: to prevent unauthorized access to the information, obtained during phone conversations, and/or its transmission to the third parties, who are not relate directly to Orders execution.    

14.    General provisions

14.1.    Present Agreement, is regulated by the Legislation of the Republic of Moldova.  
14.2.    All possible disputes concerning the Agreement are resolved according to the norms of current legislation of the Republic of Moldova. 
14.3.    Nothing in the Agreement can, be taken as establishment between User and Foodhouse agent relations, relationship, partnership, relations for mutual activity, relations of own hire or other relations, which are not stipulated by present Agreement. 

15.    Requisites and contacts 
“FOODHOUSE” SRL
c/f  nr. 1017600001840 TVA: 0209577 
mun. Chişinău, str. Gheorghe Tudor 2b
IBAN MD36AG000000022513069240
BC “Moldova Agroindbank” SA 
filiala nr. 25 Chisinau
BIC: AGRNMD2X472
Call Centre: +373 22 88 88 22
E-mail: office@foodhouse.md

English