Public Offer Agreement

This Agreement is an official public offer of Seller (hereinafter the “Seller”) to conclude a contract for the sale of goods and/or provision of catering services, in accordance with Art. 633 of the Civil Code of Ukraine.

According to Art. 641 of the Civil Code of Ukraine, this Agreement is a public offer. Acceptance of the offer is the placement of an Order through the Website, mobile Application, or AI Assistant by pressing the “Order with obligation to pay” button, which constitutes the Buyer’s full agreement with all terms of this Agreement and the obligation to pay for the Order, including when payment is made on receipt.

The Agreement is concluded in accordance with consumer protection law and the Law of Ukraine "On Electronic Commerce" dated 03.09.2015 No. 675-VIII.

Definitions:

• Seller: a business entity engaged in the sale of goods and provision of catering services.
• Buyer: a natural person who has reached the age of 16, or a legal entity that has placed an Order through the Service.
• Order: a properly executed application of the Buyer for the purchase of Goods through the Website, mobile Application, AI Assistant, or by phone.
• Goods: dishes, drinks, and other catering products presented in the establishment menu.
• Service: the website poligon.vitrina.cafe, mobile application, and AI assistant of the cafe "Полігон".
• AI Assistant: an automated assistant powered by artificial intelligence for help with selecting dishes and placing orders.

The Buyer confirms that they are at least 16 years old; alcoholic drinks are sold only to persons aged 18 or over.

The Seller undertakes to provide catering services and/or sell prepared dishes and drinks, and the Buyer undertakes to accept and pay for the Order under the terms of this Agreement.

The Buyer independently places an Order through the Website, mobile Application, AI Assistant, or by phone, specifying: name, phone number, delivery address (if applicable), payment method.

An Order is considered accepted only after confirmation by the Seller (in-app notification or call). Prior to confirmation, the Seller reserves the right to reject the Order.

The Seller may refuse an Order only when it cannot fulfil it, and tells the Buyer the reason: dishes or ingredients are unavailable, the address is outside the delivery area, the venue is closed or overloaded, no courier is available, force majeure, the Order could not be confirmed or looks fraudulent, the Buyer breaks the rules of the venue, alcohol without age confirmation.

Prices and dish availability may change. The applicable price is the one at the time of Order confirmation by the Seller.

In case of a pricing error on the website (e.g., technical glitch), the Seller reserves the right to cancel the Order and inform the Buyer of the correct price.

Prices for Goods are indicated in Ukrainian hryvnias (₴) inclusive of all taxes.

Payment is made by one of the following methods:

• online card payment (Visa, MasterCard);
• card on delivery via courier terminal or at the establishment;
• cash on delivery.

The Seller is not responsible for any fees charged by the Buyer's bank or payment system.

When paying in cash, the Buyer is required to prepare the amount as close as possible to the Order total.

Delivery is made within the delivery zone indicated on the "Delivery and Payment" page.

Delivery time is calculated at checkout from the distance and kitchen load. The time shown at checkout is approximate: the actual time depends on weather conditions and other circumstances.

A delivery order counts as not accepted by the Buyer if the courier arrived at the address given at the agreed time, called the Buyer and waited at least 10 minutes, and the Buyer neither came out nor answered. The agreed time is the delivery time shown to the Buyer at checkout: for delivery as soon as possible, the approximate window from placing the Order; for delivery at a set time, the time chosen by the Buyer ±15 min. If the courier did not arrive at the agreed time, this is not the Buyer’s fault, and such an order does not count as not accepted. The Seller keeps an order that was not accepted for 30 min and then disposes of it: the Seller has performed its obligations, and the Buyer is in delay of acceptance (Art. 613 of the Civil Code of Ukraine). Amounts paid online for the prepared dishes are not refunded. A repeat delivery, if the Buyer asks for it within the holding time, is charged separately at the delivery rate. If the Buyer did not accept an order to be paid on receipt, the Seller may accept the Buyer’s next orders with online payment only.

The risk of accidental damage or spoilage of the Goods passes to the Buyer upon delivery of the Order.

The Seller is not responsible for delivery delays caused by force majeure (section 11).

Detailed delivery terms are available on the "Delivery and Payment".

6.1. The AI Assistant is intended solely for help with selecting dishes and placing orders. AI responses are informational (advisory) in nature.

6.2. The AI Assistant is NOT an official representative of the cafe. Final prices, order composition, dish availability, and promotional terms are determined by the cafe's confirmation, NOT by the AI Assistant's response.

6.4. The AI Assistant can make mistakes, so please check a dish's ingredients with the staff. This does not limit the Seller's liability for harm to health caused by defects of a dish or by inaccurate information about its ingredients.

6.5. A Buyer with allergies or dietary restrictions is OBLIGATED to independently verify the full dish composition with the cafe staff before ordering.

6.6. Usage limits: maximum 50 messages per day, 10 messages per minute per user.

6.7. The Seller reserves the right at any time to modify, restrict, or completely discontinue the AI Assistant without prior notice and without any compensation.

6.8. The AI Assistant operates on third-party technology. The Seller is not responsible for failures, errors, or unavailability of AI caused by third parties.

Seller's Obligations:

• ensure proper quality of dishes in accordance with catering standards;
• process the Order within a reasonable timeframe;
• provide accurate information about the Goods and terms of purchase.

Buyer's Obligations:

• provide accurate contact information and delivery address;
• verify the completeness and appearance of the Order upon receipt;
• report quality issues within the deadlines specified in the Return Policy;
• pay for and accept the Order in a timely manner;
• not use the Service in a way that violates this Agreement or applicable law.

It is prohibited to use the Service for:

• fraud, providing deliberately false information;
• automated requests (bots, scraping, parsing);
• creating fictitious orders;
• abusing the loyalty program (multiple accounts, fake referrals, promo code manipulation).

The Seller may block an account in case of violation of these terms, stating the reason; money in the refund wallet is paid back, and only bonuses obtained through the violation are voided.

The Service is provided "as-is". The Seller does not guarantee uninterrupted operation of the Website, mobile Application, or AI Assistant.

The Seller is not liable for:

• temporary unavailability of the Service for technical reasons;
• failures in third-party payment systems;
• AI Assistant errors (see section 6);
• delivery delays due to reasons beyond the Seller's control.

The Seller's maximum liability for any Order is limited to the cost of that Order, except for harm to life and health and the consumer's rights regarding quality.

The Seller is not liable for indirect damages, lost profits, or moral damages, except in cases directly provided by Ukrainian law.

11.1. The parties are released from liability for non-fulfillment or improper fulfillment of obligations if caused by force majeure circumstances.

11.2. Force majeure circumstances include, but are not limited to:

• military actions, shelling, missile strikes, air raid threats;
• curfew and transport restrictions;
• power, water supply, or internet outages;
• decisions by state or military authorities restricting activity;
• natural disasters, pandemics, epidemics;
• failures of payment systems, delivery services, or other third parties.

11.3. In the event of force majeure, the Seller notifies the Buyer by available means and offers:

• rescheduling the Order to another time;
• canceling the Order with a full refund.

11.4. The Seller is not liable for delivery delays, inability to fulfill an Order, or temporary Service unavailability caused by force majeure.

Disputes are resolved through negotiation. If no agreement is reached, they are resolved in accordance with Ukrainian law.

Jurisdiction: courts at the Seller's location (Kyiv), unless otherwise provided by law.

The invalidity of any provision of this Agreement does not affect the validity of the remaining Agreement.

The Seller's non-exercise of any right under this Agreement does not constitute a waiver thereof.

This Agreement together with the Privacy Policy, Return Policy, Loyalty Program Terms and the Delivery and Payment Terms constitutes the entire agreement of the parties.

A ready click-and-collect order waits for the Buyer for 30 min. The time runs from the later of two moments: when the order card shows the status “Ready”, or when the agreed pickup time comes. The agreed time is the pickup time the Buyer chose when placing the Order, and for pickup as soon as possible, the end of the window within which the Seller promises to prepare the order (the “Delivery and Payment” page). If the Buyer has not collected the order within that time, it counts as not accepted by the Buyer, and the Seller disposes of it: the Seller has performed its obligations, and the Buyer is in delay of acceptance (Art. 613 of the Civil Code of Ukraine). If the order was not ready on time through the Seller’s fault, this is not the Buyer’s fault.

Amounts paid online for the prepared dishes are not refunded. If the Buyer did not collect an order to be paid at the venue, the Seller may accept the Buyer’s next orders with online payment only.

Under consumer protection law, the Buyer may withdraw from a distance contract within 14 days of receiving the goods without giving a reason. This right applies to goods that do not perish and were not prepared for the Buyer (for example, water or drinks in sealed packaging, souvenirs), provided the goods are unopened and in their original condition. It does not apply to dishes and drinks prepared for the Buyer or to food that perishes quickly.

To withdraw, press “Withdraw from contract here” in the footer of the site or in the order card, fill in the form and confirm it: a confirmation with the date and time comes by e-mail. You may also send the statement to hello@poligon.vitrina.cafe. Return the goods to the Seller within 14 days of the statement; the Seller refunds them by the same payment method within 14 days.

Anyone can leave a review, even without an order: on their order page, on the "Reviews" page, in the app or in the Telegram bot. A moderator looks at every review before it is published. We do not publish, or we remove, spam, insults and threats, advertising, other people's personal data, reviews that are not about the venue, fake reviews and other illegal content; we never remove a review just because it is negative. We do not edit reviews and do not write them on behalf of guests. The "Reviews" page shows every review that has passed moderation or, if the venue has chosen so, only reviews of orders (the page itself says which); the average rating is calculated from those same reviews. A review of a specific order is marked "Verified order": it can only be left after the order has been received, from the account that placed the order or through its tracking link. We do not check whether the author of a review without this label bought anything. You can report a review with the flag on its card. If we do not publish a review or remove it, the author gets the reason in their account, in the Telegram bot or on the order page.

We may show a review that has passed moderation not only on the "Reviews" page but also on other pages of the website, in the app and in our own advertising (social media, leaflets, the venue's window), together with the rating and the name as shown on the website, without changing its content. By leaving a review you allow this free of charge and without time limit. At your request, sent to the contacts in this offer, we will remove the review from the website and will not use it in new advertising.