Public offer to conclude a charitable targeted donation agreement for the purpose of implementing a charitable program and carrying out the statutory activities of "Dāvā ēdienu" labdarības fonds
1. The meaning of this public offer

1.1 This public offer (hereinafter referred to as the "Offer") is an offer by "Dāvā ēdienu" labdarības fonds (hereinafter referred to as The Fund), the details of which are indicated in section 9 of the Offer, represented by President Alīna Kazačonoka, acting on the basis of the Charter, to conclude with any person, who accepts the Offer, donation agreement Law of the Cabinet of Ministers of Latvia No. 255 of May 20, 2014 "Regulations on distance contracts" (hereinafter referred to as the "Agreement"), on the terms and conditions provided below.

1.2 The invalidity of one or more terms of the Offer does not entail the invalidity of all other terms of the Offer.

1.3 The place of location of the Offer is the city of Daugavpils, Jātnieku iela 68 – 53.

1.4 By accepting the terms of this Offer, the Donor confirms the voluntary and gratuitous nature of the Donation.

2. Terms and definitions

Acceptance – has the meaning set forth in section 4.2 of this Offer;

Trustees of the Foundation are individuals or legal entities who collect, verify, process, record and deliver Donations to those in need, on the basis of separate agreements concluded with the Fund ;

Agreement – has the meaning set forth in section 1.1 of this Offer;

Monthly Subscription – a method of regular Donation provided for by the terms of this Offer;

Donor – an individual or legal entity who has voluntarily transferred a Donation to the Fund;

Prohibited products are products that are considered perishable and especially perishable, products that must be stored under special conditions in cold temperatures and intended for short-term sale, an approximate and illustrative list of which is given in Appendix 1 to the Offer;

Container – a container intended for collecting Food Products, installed by the Foundation or with the consent of the Fund by a third party;

A needy person is a person identified by the Foundation at its sole discretion in accordance with the Fund Program as being in a difficult life situation.

Fund – "Dāvā ēdienu" labdarības fonds, registration number Nr. 40008322672, Jātnieku iela 68 - 53, Daugavpils, LV-5410

Offer – has the meaning set forth in section 1.1 of this Offer;

Donation – voluntary transfer of any of the following:

(1) funds transferred by the Donor to the Fund on a voluntary basis;

(2) Food products donated by the Donor to the Fund;

Foundation Program – the Fund's charitable program posted on the Fund's Website;

Grocery set – Food products presented on the Fund's Website in an approximate set without indicating a specific brand of Food Product, but indicating the generic types and total cost of Food Products that will be included in such a Grocery Set;

Food products – products in natural or processed form, consumed by humans such as food, soft drinks, juices, waters, within a valid storage time , packed in undamaged factory packaging, with product barcodes and labels preserved, which ensures the preservation of quality and safety during storage and transportation, with the exception of Prohibited Products;

Website – the Fund's electronic resource on the Internet at https://davaedienu.lv;

Social assistance – provision of Social services to those in need;

Social service - an action or actions in the field of social services to provide constant, periodic, one-time assistance to a citizen in order to improve his living conditions and (or) expand his ability to independently provide for his basic life needs;

Social networks of the Fund – official pages of the Foundation on social networks:

https://www.facebook.com/DavaEdienu?mibextid=LQQJ4d

3. Essential terms of the Agreement

3.1 The parties to the agreement are the Donor and the Fund.

3.2 The composition and size of the Donation is determined by the Donor independently.

3.3 The Donor, being the owner of the Donation at the time of transfer, transfers the Donation as a voluntary charitable donation to the Foundation in any of the ways listed in sections 4.4 – 4.7 below.

3.4 The Fund, independently or through the Trustees of the Fund, accepts the Donation and uses it for its statutory purposes, as well as for the purposes of implementing the Fund's Program (namely, for the provision of Social assistance, as well as the free transfer of food products to socially vulnerable categories of the population or the organization of such transfer). For the avoidance of doubt, the organization of the free transfer of Food Products includes the purchase of sanitary and hygienic materials, packaging bags, other consumables, and payment for logistics services.

3.5 The fact of transfer of the Donation indicates the Donor's full agreement with the terms of the present Offer.

3.6 The donation transferred in accordance with this Offer does not provide for targeting. The territory for the provision of charitable assistance, the category and number of Needy Persons who will be provided with charitable assistance within the framework of the Fund's Program are determined by the Fund or the Trustees of the Fund independently or on the basis of the recommendation of the Foundation.

3.7 The terms of use and implementation of Donations by the Foundation are established by the Fund Program.

4. Procedure for concluding the Agreement

4.1 The Agreement is concluded by acceptance of the Offer by the Donor.

4.2 The Offer can be accepted by the Donor in any of the ways listed in sections 4.4 – 4.7 below. The performance of any of the specified actions by the Donor is considered acceptance of the Offer saskaņā ar Latvijas Republikas Ministru kabineta 2014. gada 20. maija noteikumiem Nr. 255 "Noteikumi par distances līgumu" (hereinafter referred to as "Acceptance").

4.3 By accepting the Offer, the Donor agrees that the Foundation may entrust further execution of the Agreement to the Trustees of the Foundation or other third parties, while remaining responsible for its liability to the Donor.

4.4 Transfer of funds to the Fund

4.4.1 The Offer can be accepted by the Donor by transferring funds to the Fund using the details specified in section 9 of the Offer, (i) by payment order to a bank account or (ii) using payment terminals, plastic cards, electronic payment systems and others means or systems that allow the transfer of funds to the Fund, without establishing a time limit for using the Donation.

4.4.2 When transferring funds by the Donor to the Fund in accordance with this section 4.4, the Donor undertakes not to indicate the purpose of the payment that does not correspond to the Fund Program and/or the statutory goals of the Fund. The Donor agrees that if the purpose of the payment specified by the Donor does not comply with the Fund Program and/or the Fund Charter, it is considered that the Donation was made for the implementation of the Fund Program and/or the statutory purposes of the Fund.

4.4.3 After receipt of funds to the Fund's current account, the Fund accumulates funds and uses them in accordance with the intended purpose of the Donation for the implementation of its statutory activities and the implementation of the Fund's Program.

4.4.4 When accepting the Offer in the manner described in this section 4.4, the date of Acceptance (and, accordingly, the date of conclusion of the Agreement) is the date of receipt of funds from the Donor to the Fund's current account.

4.4.5 When transferring a Donation through an electronic payment system, the Donor may be charged a commission depending on the chosen payment method (electronic money, SMS payments, money transfers).

4.4.6 The amount of money received by the Fund will be equal to the amount of money transferred as a Donation by the Donor, minus the commissions charged by the payment system.

4.5 Purchasing Food Products on the Fund's Website

4.5.1 The Offer can be accepted by the Donor purchasing a Grocery Set or Food Products on the Fund's Website by clicking the "Pay", "Donate", "Help" button at the last stage of the Donation.

4.5.2 Payment is made using electronic payment systems and other means or systems.

4.5.3 When the Offer is Accepted in the manner described in this section 4.5, the date of Acceptance (and, accordingly, the date of conclusion of the Agreement) is the date of receipt of funds from the Donor to the Fund's current account.

4.5.4 When the Donor purchases Products on the Site, the Fund reserves the right to independently and without notifying the Donor change the specific type, type and brand of the Food Product.

4.5.5 Funds are transferred to the Fund's current account. The Fund has the right to accumulate the funds received in its current account for the purchase of food products or food sets and periodically, at its discretion, in accordance with the Fund's Program, purchase food products or food sets. The frequency of purchasing sets is determined by the Fund independently. Delivery and distribution of food products and food packages is carried out by the Fund and the Trustees of the Fund.

4.6 Registration of a Monthly Subscription on the Fund's Website

4.6.1 The Offer can be accepted by the Donor purchasing a Monthly Subscription on the Fund's Website by clicking the "Pay" button at the last stage of the Donation.

4.6.2 When registering a Monthly Subscription, the Donor agrees to the automatic debiting of funds from a bank card to pay for the Monthly Subscription; the debiting of funds from the Donor's bank card will occur automatically and will not require additional consent or any action on the part of the Donor.

4.6.3 The Donor has the right to suspend, cancel or change the Monthly Subscription at any time, in the Donor's personal account or by notifying the Fund by email or through a message to the official social networks of the Fund. In the event of cancellation, suspension or change of the Monthly Subscription by the Donor, such cancellation or suspension does not entail the cancellation of Donations debited from the bank card in accordance with the terms of this Offer on the date of notification of suspension or cancellation and before such date.

4.6.4. The Foundation has the right to suspend, cancel or change the Donor's Monthly Subscription at any time, upon instructions from the Donor, having received such an instruction by email or through a message on the official social networks of the Foundation. In case of cancellation, suspension or change of the Monthly Subscription, such cancellation or suspension does not entail the cancellation of Donations debited from the bank card in accordance with the terms of this Offer on the date of notification of suspension or cancellation and before such date.

4.6.5 The provisions of section 4.5, in the relevant part, are applicable when registering a Monthly Subscription on the Fund's Website.

4.7 Transfer of Food Products to the Fund

4.7.1 The Offer can be accepted by the Donor by placing Food Products in a Container for collecting Donations established by the Fund or third parties in the interests of the Fund in public places.

4.7.2 When the Offer is Accepted in the manner described in this section 4.7, the date of Acceptance (and, accordingly, the date of conclusion of the Agreement) is the date when the Donor placed the Food Products in the Container.

5. Donor's rights

5.1 The Donor has the right to control the intended use of the Donation by writing a request to the Fund for information about the use of the Donation.

6. Obligations and responsibilities of the Foundation

6.1 The Fundn undertakes to distribute (including, in relation to funds, spend) received Donations strictly in accordance with current legislation, the Charter of the Fund and the terms of the Fund Program.

6.2 If the use of the Donation in accordance with the Foundation Program is impossible, then the Donation can be used to conduct the statutory activities and maintenance of the Foundation (to the extent permitted by the Donation made and current legislation).

6.3 The Fund independently determines the frequency of purchases of Food Products and other related expenses in order to optimize logistics and transportation of Food Products to those in need.

6.4 The Fund independently determines the frequency and volume of provision of Social Services in order to optimize internal resources and logistics.

6.5 The provision of Social Services, as well as the removal of Food Products from Containers, inspection, transportation and delivery of Food Products may be carried out by the Trustees of the Fund.

7. Dispute resolution

7.1 The parties take all reasonable measures to resolve through negotiations all disputes and disagreements that may arise from this Offer or in connection with it.

7.2 The claim procedure for resolving disputes is mandatory for the Donor and the Fund. A claim for which a response has not been received and/or the requirements of which have not been met within a period of more than 30 (thirty) calendar days from the date of its receipt by the other party shall be interpreted as considered and rejected.

7.3 The proper procedure for submitting a claim is any of the following methods:, email, postal or courier service.

7.3.1 for the Fund – the address specified in section 9 of this Offer;

7.3.2 for the Donor – the address specified upon acceptance of the Offer (if such an address is specified).

7.4 The claim is considered delivered if there is dishonest obstruction or evasion of its receipt.

7.5 If the Parties do not come to an agreement, then, at the choice of the plaintiff, disputes arising from or in connection with the Offer (including non-contractual ones) are subject to resolution in court at the place of registration of the Fund.

8. Other conditions

8.1 By performing the actions provided for by this Offer, the Donor confirms that he is familiar with the terms and text of this Offer, the goals of the Fund, is aware of the significance of his actions, has every right to perform them and fully accepts the terms of this Offer.

8.2 The Donor, when accepting the Offer in accordance with clauses 4.4 – 4.6 of the Offer, for identification purposes indicates his details - last name, first name, date of birth, address, place of residence, email address and consents to processing by the Fund, as well as third parties, attracted by the Fund to fulfill obligations, within 5 (five) years from the date of the last Donation, his personal data, namely to perform the following actions: collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (provision, access), cross-border transfer, depersonalization, blocking, deletion and destruction, for the purpose of concluding and executing this Offer, for the purpose of implementing the Fund's Program and for subsequent reporting to authorized bodies. The donor may revoke this consent in writing by sending a response to the legal address of the Fund.

8.3 The Fund undertakes not to disclose information received from the Donor and his personal data, except in cases where it is necessary to provide it to third parties in order to fulfill their obligations to the Donor, as well as disclosure upon requests/demands of government authorities.

8.4 The Fund has the right to conclude Donation Agreements with reference to the Offer in a manner other than that provided for in the Offer. In this case, the meaning and application of the Offer is determined by the terms of such agreements. The Fund has the right to enter into donation agreements in a different manner and (or) on other terms than those provided for in the Offer.

8.5 This Offer comes into force from the date of posting on the Site or Container (depending on what is applicable) and is valid indefinitely. The Fund has the right to cancel the Offer at any time without giving reasons by posting a corresponding notice on the Site or on the Container (whichever is applicable).

8.6 The Fund has the right to unilaterally make changes to the terms of this Offer at any time without prior notice. The new version of the Offer comes into force from the date of posting on the Fund's Website or from the day it is posted on the Container (depending on what is applicable) and applies to relations arising after the entry into force of changes to the Offer.

8.7 This Offer is governed by and construed in accordance with the laws of the Republic of Latvia

9. Fund details

"Dāvā ēdienu" labdarības fonds

Registration number Nr. 40008322672,

Address: Jātnieku iela 68 - 53, Daugavpils, LV-5410

President: Alina Kazačonoka

Registration date: 02/27/2023

Account number: LV58HABA0551054646930

Bank: "SWEDBANK" AS

BIC/S.W.I.F.T.: HABALV22

Reg. Number (TIN): 40008322672

Annex 1

Prohibited products for donation through Containers installed by the Fund.

1. It is prohibited for the Donor to transfer the following food products to the Fund:

1.1 expired;

1.2 with damaged, broken or missing original packaging (including those without indicating the manufacturer, expiration dates, storage conditions);

1.3 requiring special temperature conditions to ensure safety, the absence of which results in harm to human health; considered perishable and especially perishable; products that are subject to cold storage and intended for short-term sale, including, but not limited to:

1.3.1 chilled semi-finished products from meat, poultry, fish, seafood, raw and cooked vegetables;

1.3.2 catering dishes;

1.3.3 freshly squeezed juices;

1.3.4 cream confectionery products made using manual operations;

1.3.5 processed products of milk, fish and non-fishery products, eggs, meat, poultry, incl. boiled sausages; flour cream confectionery products with a moisture content of more than 13%; creams and finishing semi-finished products, incl. mayonnaise, margarines; quick-frozen ready meals and semi-finished products; all types of preserves; thermised fermented milk products and sterilized dairy products.

1.4 If Prohibited Products are discovered by the Foundation or the Foundation Trustees, such Prohibited Products will be disposed of.