Public Offer Agreement

1. General provisions

1.1. This offer is the official proposal of ТОВ «БРЕНДБАР УА» (the «brandbar.com.ua» online store), hereinafter the «Seller», to conclude a retail purchase and sale agreement remotely, i.e. through the Online Store (the «Agreement»). The offer is published on the Seller's official website «https://brandbar.com.ua» (the «Website»).

1.2. Placing and paying for an order on the terms of this Agreement, within the timeframes and at the prices stated on the Website, constitutes full and unconditional acceptance of the Seller's proposal by the Buyer.

1.3. By accepting the terms of this Agreement, the Buyer confirms that:

a) they are at least 18 years old at the time of acceptance;

b) the information provided when placing the order is correct and up to date;

c) the contact details provided may be used to communicate about the status of the order and other matters related to performance of this Agreement.

1.4. The Seller carries out retail trade in alcoholic beverages under a valid retail alcohol licence. Place of retail trade: м. Київ, вул. Шолуденка, 30.

2. Definitions

2.1. Unless the context requires otherwise, the following terms have the meanings set out below:

«Online Store» — within the meaning of the Law of Ukraine «On Electronic Commerce», a means of presenting or selling goods by concluding an electronic transaction.

«Seller» — the legal entity selling the goods presented on the Website.

«Buyer» — a legally capable natural person aged 18 or over who has entered into an agreement with the Seller on the terms set out below.

«Goods» — the products presented on the Website, including alcoholic beverages.

«Order» — a duly placed request by the Buyer to purchase selected Goods.

«Acceptance» — full and unconditional acceptance by the Buyer of the terms of this Agreement.

3. Subject of the Agreement

3.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to accept and pay for the Goods on the terms of this Agreement.

3.2. This Agreement governs the procedure for placing orders, payment, transfer of the Goods to the Buyer, and the resulting rights and obligations of the parties.

3.3. Title to the Goods passes to the Buyer upon actual transfer of the Goods.

4. Age restrictions and sale of alcoholic beverages

4.1. The sale of alcoholic beverages to persons under 18 years of age is prohibited.

4.2. By placing an order containing alcoholic beverages, the Buyer confirms that they are at least 18 years old.

4.3. The Seller, or the person handing over the order, is entitled to require an identity document confirming the Buyer's age. If such a document is not produced, or if the person is under 18, the alcoholic beverages will not be handed over and the amounts paid for them will be refunded to the Buyer.

4.4. Alcoholic beverages are not handed over to persons showing evident signs of intoxication.

4.5. Excessive alcohol consumption is harmful to your health.

5. Placing an order

5.1. The Buyer places an order on the Website independently, selecting the Goods, the method of receipt and the method of payment.

5.2. The Seller may refuse to accept or fulfil an order if the terms of this Agreement, in particular the requirements of section 4, are breached.

6. Price and payment

6.1. Prices for the Goods are stated on the Website in the national currency of Ukraine and include all mandatory charges.

6.2. The Seller may change prices unilaterally; the price of an order already placed and paid for is not subject to change.

6.3. Payment methods: online card payment, payment on receipt, and bank transfer against an invoice for legal entities and private entrepreneurs.

6.4. A settlement document confirming payment is provided to the Buyer in accordance with applicable law.

7. Receiving the Goods

7.1. Self-pickup is available at the Seller's place of retail trade during the business hours stated on the Website.

7.2. Delivery is carried out by the delivery services listed on the Website, on the terms of the relevant service. Detailed terms and timeframes are set out in the «Delivery» section.

7.3. An order is deemed fulfilled upon actual transfer of the Goods to the Buyer.

7.4. The Buyer must check the completeness and integrity of the Goods upon receipt.

8. Returns and exchanges

8.1. The Buyer may return Goods of proper quality within 14 days of receipt, provided that their presentation, consumer properties and packaging are preserved and a settlement document is available.

8.2. Under the laws of Ukraine, food products, including alcoholic beverages, of proper quality are not subject to exchange or return.

8.3. The restriction in clause 8.2 does not apply to Goods of improper quality, incomplete Goods, or Goods delivered in error. In such cases the Seller arranges replacement or refunds the full value at its own expense.

8.4. The detailed returns procedure is set out in the «Returns and exchanges» section of the Website and forms an integral part of this Agreement.

9. Rights and obligations of the parties

9.1. The Seller undertakes to transfer Goods of proper quality to the Buyer within the agreed timeframe and to provide complete and accurate information about the Goods.

9.2. The Seller may suspend performance of this Agreement if the Buyer breaches its terms.

9.3. The Buyer undertakes to pay for and accept the order in good time and to provide accurate information when placing the order.

9.4. The Buyer may require the Seller to perform the terms of this Agreement and may submit complaints regarding the quality of the Goods and the service.

10. Liability of the parties

10.1. The parties are liable for non-performance or improper performance of this Agreement as provided by this Agreement and by the applicable laws of Ukraine.

10.2. The Seller is not liable for minor differences between the colour of the Goods and their image on the Website caused by screen colour rendering, nor for changes made by the manufacturer to the appearance of the packaging.

10.3. The Seller is not liable for the accuracy of information provided by the Buyer when placing an order, nor for delays caused by circumstances beyond its control.

10.4. In the event of force majeure, the parties are released from performance of this Agreement for the duration of such circumstances.

10.5. The parties will make every effort to resolve any disagreements through negotiation.

11. Miscellaneous

11.1. The Seller may amend this Agreement unilaterally, provided that the amendments are published on the Website.

11.2. By accepting this offer, the Buyer consents to the collection, processing, storage and use of their personal data within the meaning of the Law of Ukraine «On Personal Data Protection», solely for the purpose of fulfilling the order and related settlements.

11.3. The date of the electronic transaction between the parties is the date of acceptance of the terms under Article 11 of the Law of Ukraine «On Electronic Commerce».

11.4. The Agreement is deemed concluded from the moment the party that sent the proposal receives a response accepting it, in the manner set out in part six of Article 11 of the Law of Ukraine «On Electronic Commerce».

11.5. The Agreement may be terminated by mutual consent of the parties prior to actual transfer of the Goods by way of a refund, and unilaterally in the cases provided by the applicable laws of Ukraine.

11.6. This Agreement is governed by the laws of Ukraine. In the event of any discrepancy between the English and Ukrainian versions, the Ukrainian version prevails.

12. Seller's details

ТОВАРИСТВО З ОБМЕЖЕНОЮ ВІДПОВІДАЛЬНІСТЮ «БРЕНДБАР УА»

Registration code (EDRPOU): 45502599

Registered address: Україна, 02092, м. Київ, вул. Алматинська, буд. 14А

Place of retail trade: м. Київ, вул. Шолуденка, 30

Phone: +38 (050) 368-46-04

E-mail: info@brandbar.com.ua

Bank account: UA233052990000026006016232342 at JSC CB «PRIVATBANK», MFO 305299

Registered in the Unified State Register: record No. 1000671020000037710 dated 20.03.2024