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Public contract (offer)

1. GENERAL TERMS

1.1. This Agreement is a public offer (hereinafter referred to as the “Offer”, the “Agreement” or the “Contract”), which constitutes an official offer by made Mix Choice Restaurants Management LLC (hereinafter referred to as the “Vendor”), a company operating a business on sale of the Products, to unlimited number of legally capable individuals (hereinafter referred to as the “Buyer” or the “Consumers”) willing to join this Agreement and place on order for the Product delivery services (hereinafter referred to as the “Service”), in particular, by using the Internet website https://dubai.wesushi.ae

The Vendor shall hereby represent and warrant that it is willing to work with unlimited number of Buyers without putting any restriction on their access to Services provided using the website https://dubai.wesushi.ae

By ordering the Service, the Buyer acknowledges that he or she has carefully read the provisions of the Agreement and accepts the terms of service described herein.

1.2. This Agreement shall be deemed as properly executed and effective upon signup or placing an order at https://dubai.wesushi.ae

1.3. Acceptance of the Offer by the Buyer shall be construed to mean that the Buyer assumes a binding obligation to accept the ordered Product from the Vendor and pay the price thereof.

1.4. For the purpose of this Agreement, the following terms shall have the meaning as defined below:

  • The Acceptance shall mean the Buyer’s full and unconditional acceptance of the Public Offer terms and the consent to enter this Agreement;
  • The Product shall mean any of the product range items available at https://dubai.wesushi.ae
  • The Website shall mean the entirety of the Vendor’s electronic data available online at https://dubai.wesushi.ae
  • The Order shall mean an electronic order placed by the Buyer to purchase certain Product items from the product range available at the Website;
  • The Dashboard shall mean the locked section of the Website designed to manage the personal account created by the Buyer during the signup process.

2. SUBJECT MATTER OF AGREEMENT

2.1. Under this Agreement, based on the Buyer’s Order, the Vendor shall produce the Products with specifications as per the Order, and where applicable, deliver it to a specific address indicated in the Buyer’s Order, and the Buyer shall pay the full cost of services as per the price listed on the Website.

2.2. When placing an Order, the Buyer may select the product items, quantity, size and other specifications at his or her own discretion. The Vendor shall not influence the Buyer’s choice in any way.

3. ORDER PLACEMENT

3.1. The Buyer may order the Products by placing an Order at the Website

3.2. When placing the Order, the Buyer shall provide the Vendor with the following information and select the preferred specifications of the Product, and namely: customer’s name, customer’s contact phone number, delivery address, which shall be an exact address detailed enough to ensure that the delivery location can be properly identified identify, name and quantity of the Product item(s), preferred delivery time (as soon as possible or at a specified time), preferred payment method (cash or online payment by card), and any specific notes to the Order (such as food allergy status, etc.).

3.3. The Orders are accepted by the Vendor every day, including weekends and holidays, between 12:00 and 11:30 p.m.

3.4. Any product images and other information materials posted on the Website are provided only as a reference and may not fully convey information about certain properties and characteristics of the Products. If the Buyer has any questions regarding the properties and characteristics of the Products, Buyer may contact the Vendor to obtain any necessary information about the Products using the phone number available on the Website before placing the Order.

4. PRODUCT COST, DELIVERY AND RETURN TERMS

4.1. The cost and terms of the Order delivery are available on the Website. Before placing an Order, the Buyer shall make sure to understand the cost and delivery terms by reading the relevant information posted on the Website or by calling phone numbers available on the Website.

4.2. The Buyer assumes an obligation to fulfill the Order. The Products shall be delivered approximately within 60 (sixty) minutes after receipts (acceptance) of the Buyer’s Order by the Vendor. The Order delivery time depends on the availability of the ordered Product items at the Vendor’s location and the time required to process the Order. In exceptional cases Order delivery time may be individually agreed with the Buyer depending on the characteristics and number of ordered Product items. If some ordered items are not available at the Vendor’s location due to the reasons beyond the Vendor’s reasonable control, the Vendor shall be entitled to remove such Product items from the Buyer's Order with the prior notice to the Buyer.

4.3. The Order delivery time may be increased due to the Force Majeure events (poor weather conditions, traffic jams, road traffic accidents, et cetera).

4.4. Upon delivery, the Order shall be handed over to the Buyer, a person specified by the Buyer when placing the Order (hereinafter referred to the “Recipient”), or another person can provide the accurate information about the Order (the Recipient’s name and/or Order number) and makes full payment of the Order cost to the Vendor’s rider, unless the payment was made through the Website when placing the Order.

4.5. The Order shall be deemed as fulfilled after being handed over to the Buyer or a person specified by the Buyer. A delivery note or other document to certify the successful delivery and payment of the Order cost shall be provided to the Recipient by the Vendor’s rider as the Order fulfillment confirmation.

4.6. If the Buyer fails to provide accurate contact details or inaccurately indicates the Order content, the Vendor shall not be liable for improper execution of the Order.

4.7. If the Products are not delivered to the Buyer due to the Buyer's fault (unjustified refusal to accept the Products and/or pay for the ordered Products, false call, etc.), the Vendor shall have the right to block the Buyer's login (subscriber phone number, etc.) and to deny any future Orders placed by this Buyer.

4.8. The delivery service is available only if the value of the Order placed by the Buyer is higher than the minimal order value. The minimum order value is determined unilaterally by the Vendor and is indicated on the Vendor’s website.

4.9. Upon receiving the Products, the Buyer shall make sure that the received Products actually match the Order, check the contents of the Order and the appearance of the delivered Products. If the delivered Order is lacking items, contains poor-quality items and does not match the specifications, the Buyer shall be entitled to claim either replacement of the non-confirming Order or refund of its cots.

5. PAYMENT TERMS AND COST OF PRODUCTS

5.1. Under the terms of this Agreement, the Buyer shall be entitled to choose one of two payment options: either cash payment directly upon receipt of the Order or wire transfer from bank card when placing the Order online.

5.2. The Buyer may also be charged with commission fees and other bank expenses, which may be added to the cost of Order processing, if the wire transfer option is used.

5.3. All settlements between the Vendor and the Buyer shall be made in local currency.

5.4. A price of each Product item available on the Website is indicated in local currency.

5.5. If the Buyer fails to pay the full cost of the Products in timely manner, the Vendor reserves the right to cancel the delivery and suspend fulfillment of the Order without incurring any liability for it.

5.6. The Vendor reserves the right to unilaterally change the price of any Product items available on the Website. The Product item price may not be changed after the Buyer has already placed the Order.

5.7. The Vendor may to implement bonus programs, promotional campaigns and gifts giveaways. Types of bonuses, promotions and gifts, the procedure and terms of participation will be available on the Website and maybe unilaterally changed by the Vendor.

6. RIGHTS AND OBLIGATIONS OF PARTIES

6.1. The Buyer shall be entitled to:

· Receive services under the terms of this Agreement within the scope of the properly paid Order.

6.2. The Buyer shall be obliged to:

· Provide accurate information when placing the Order;

· Pay for the Order using any available payment method.

6.3. The Vendor shall be entitled to:

· Cancel the delivery and suspend fulfillment of the Order without incurring, the Buyer fails to pay the full cost of the Products in timely manner;

· Delegate performance of its obligations assumed before the Buyer to third parties.

6.4. The Vendor shall be obliged to:

· Fulfill the Buyer's order in a timely manner and in full in accordance with the Buyer's Order;

· Not to disclose any personal data received from the Buyer to third parties that are not involved in the fulfillment of the Order and/or the Vendor’s activities related to the provision of services.

7. CONSENT TO PERSONAL DATA PROCESSING

7.1. When placing an Order on the Website, the Buyer shall provide the Vendor with his/her personal data, including, but not limited to: phone number, name, delivery address, e-mail address, date of birth and other data provided by the Buyer on the Website.

7.2. By submitting personal data to the Vendor, the Buyer consents to the use and processing of such personal data by the Vendor’s automated database management systems, as well as other software specially developed for the Vendor’s need, including, but not limited to:

  • Transfer of personal data to third parties that are related to this Agreement or involved in the fulfillment of the Order;
  • Giving additional Order status notifications to the Buyer;
  • Further processing of the Buyer's Orders;
  • Offering service and sending advertising messages, including information on current promotions, bonus program and discounts.

7.3. The Vendor shall disclose any personal data received from the Buyer to third parties that are not involved in the fulfillment of the Order and/or the Vendor’s activities related to the provision of services, except for cases expressly listed in the Privacy Policy.

8. LIABILITY OF THE PARTIES

8.1. In one of the Parties fails to properly fulfill its obligations under this Agreement, the Party in default shall reimburse the opposite Party of any losses caused due to such actions in accordance with the current legislation and terms of this Agreement.

8.2. The Buyer shall be liable for the accuracy of the data provided by him/her during the Order placement and processing.

8.3. The Vendor shall not be liable for improper service provision, if such improper performance is due to the Buyer's violations of the terms of this Agreement.

8.5. The Vendor shall be released from liability for full or partial failure to properly perform its obligations under this Agreement, if such failure is due to the Force Majeure circumstances emerging after the effective date of the Agreement as a result of emergency events of extraordinary nature, which could not have been reasonably foreseen or prevented by the Parties (the “Force Majeure”).

8.6. All disputes arising between the Parties from or in relation to this Agreement shall be settled by negotiations. If the Parties fail to reach an agreement, the dispute shall be referred to the court in accordance with the current legislation and the terms of this Agreement.

9. FINAL PROVISIONS

9.1. This Agreement shall become effective upon signup or placing an order at the Website and shall continue in force for unlimited period of time.

9.2. The Vendor may send promotional newsletters or informational messages to the Consumer's e-mail address specified by the Consumer during signup at the official Website, or to his/her cell phone or appropriate messenger. Such communications and messages may include, but not be limited to: promotional offers, information about new products, giveaways, discounts, etc. The Buyer may at any time unsubscribe from the newsletter using the link in automatic newsletter or by calling the contact phone number.

9.3. This Agreement shall become effective upon public posting at the website www.wesushi.ae. The Vendor reserves the right to make changes to the Offer. If the Vendor changes the terms and conditions of the Offer, these changes shall take effect immediately upon posting of the updated Offer on the Website, therefore, we strongly encourage Consumers to periodically review this page and review the current version of the Offer.