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1.1. In accordance with Article 633 of the Civil Code of Ukraine, this Agreement constitutes an official offer by BIG WINES LLC (hereinafter referred to as the «Seller») to enter into a Purchase and Sale Agreement under the terms and conditions set forth in this Public Offer.
1.2. This proposal is a Public Offer Agreement (hereinafter referred to as the «Agreement») and has full legal force regarding the provision of services for the selection, assembly, and purchase of goods presented in the relevant section of the Website: https://bigwines.com.ua, addressed to an unlimited number of persons (hereinafter referred to as the «Buyer»).
1.3. The provisions of this Agreement govern the relationship between the Seller, on the one hand, and the Buyer, on the other hand (hereinafter collectively referred to as the «Parties»).
1.4. All users of the Website https://bigwines.com.ua may access this Agreement (Public Offer) at any time by clicking the «Public Offer» link available on the Website.
1.5. By this Agreement, the Parties confirm that they have reached full mutual understanding regarding the rules, terms, limitations, and other conditions of cooperation set forth herein.
1.6. From the moment this Agreement is concluded, it supersedes all previous warranties, covenants, and any other agreements (whether written or oral) between the Parties and shall be legally binding upon them.
1.7. By entering into this Agreement (i.e., accepting the terms of this Public Offer), the Buyer confirms that:
1.7.1. The Buyer has fully read, understood, and agrees to all terms and conditions of this Public Offer;
1.7.2. The Buyer is at least 18 years of age;
1.7.3. The information provided by the Buyer when placing an order is accurate and up to date.
1.8. The Buyer consents to the collection, processing, and transfer of personal data for the purposes of fulfilling this Agreement, processing payments, delivering the Goods, and for other purposes directly related to the execution of this Agreement. Such consent shall remain valid for the entire duration of this Agreement.
2.1. Unless the context requires otherwise, the following terms shall have the meanings set forth below:
2.1.1. «Offer» means the Seller's public proposal addressed to any individual to conclude a purchase and sale agreement under the terms specified in this Agreement.
2.1.2. «Goods» means the assortment of products presented on the Website https://bigwines.com.ua.
2.1.3. «Buyer» means any individual who has accepted this Offer and purchases the Goods for personal, non-commercial use.
2.1.4. «Acceptance» means the Buyer's full and unconditional acceptance of the terms and conditions of this Agreement.
2.1.5. «Website» means the automated information system available on the Internet at https://bigwines.com.ua, including all subdomains related to this address and used by the Seller.
2.1.6. «Order» means a duly completed and submitted request by the Buyer via the Seller's Website for the purchase of Goods.
2.1.7. «Personal Account» means an information and telecommunication system through which the Buyer may place an Order for Goods.
2.1.8. «Payment System» means a bank, payment system participant, or payment infrastructure service provider that, under an agreement with the Seller, processes and transfers payments made by the Buyer using payment card details for the Goods purchased.
3.1. Under this Agreement, the Seller undertakes to transfer the Goods selected by the Buyer on the Website to the Buyer, and the Buyer undertakes to accept and pay for such Goods.
3.2. The Seller confirms that it possesses all permits, licenses, and authorizations required to conduct business activities related to the legal relations arising from and performed under this Agreement.
4.1. This Agreement shall be deemed concluded at the moment the Buyer places an Order on the Website.
4.2. The Buyer shall independently review the terms of this Agreement. The Seller is under no obligation to notify the Buyer of the existence of this Agreement.
4.3. This Agreement is concluded through the Buyer's acceptance of its terms. The absence of a paper copy signed and sealed by both Parties shall not invalidate this Agreement, provided that the Buyer has made payment under it.
4.4. The Seller shall provide a paper version of this Agreement only upon the Buyer's written request.
5.1. To purchase Goods, the Buyer selects the desired products by browsing the assortment available on the Website and placing an Order.
5.2. The Buyer may register on the Website by completing the registration form on the relevant webpage. The information provided during registration must be accurate, complete, and up to date.
5.3. The Seller shall not be liable for any unauthorized use of the Buyer's registration credentials by third parties if such unauthorized use occurred through no fault of the Seller.
5.4. Registration on the Website is completed only once. Subsequent use of the Website and placement of Orders shall be carried out through the Buyer's Personal Account without the need for repeated registration.
5.5. At the Buyer's request, the purchased Goods may be packaged using the Seller's packaging materials. The cost of such packaging shall be included in the total price of the Goods.
5.6. If the selected Goods are unavailable, the Seller shall notify the Buyer using the contact details provided by the Buyer.
5.7. The Buyer is obliged to inspect the quality and assortment of the Goods upon receipt.
5.8. The Seller has the right to verify the Buyer's legal capacity and age. The Buyer shall confirm eligibility by presenting an identity document or by any other means provided for under the laws of Ukraine. If the Buyer is under the age of 18, the Seller has the right to refuse delivery of the Goods.
5.9. The Seller reserves the right, at its sole discretion, to refuse the sale of Goods if the Buyer fails to comply with the terms of this Agreement. Any funds received from the Buyer shall be refunded using the same payment method by which the payment was made.
6.1. The prices of the Goods are determined by the Seller and displayed in the relevant section of the Website. All prices are indicated in the national currency of Ukraine (UAH) per unit of Goods and include VAT.
6.2. The total price of the Goods does not include any fees that may be charged by third parties in connection with the payment method and/or delivery method selected by the Buyer. Any bank fees incurred by the Buyer shall be borne by the Buyer.
6.3. If the selected Goods are unavailable, the Seller shall notify the Buyer in order to amend or cancel the Order. If the Seller is unable to contact the Buyer, the Order shall be deemed cancelled. If payment has already been made, the Seller shall refund the Buyer using the same payment method.
6.4. Payment for the Goods shall be made by bank transfer through advance payment to the Seller's current account.
6.5. Payments shall be processed through a third-party payment service using Visa and Mastercard payment cards.
6.6. In the event of non-payment, partial payment, or late payment, the Seller reserves the right to cancel the Order and shall not be liable for any consequences arising from such cancellation.
6.7. The Buyer's payment obligation shall be deemed fulfilled upon crediting the full amount of the purchase price to the Seller's current account.
7.1. Goods of proper quality are not subject to exchange or return, as food products are included in the list of goods that are not subject to exchange or return pursuant to Article 9 of the Law of Ukraine «On Consumer Protection.»
7.2. Goods of improper quality may be returned in accordance with the Law of Ukraine «On Consumer Protection» if defects are identified.
8.1. Delivery of the purchased Goods may be carried out by the Seller or through third-party carriers.
8.2. The Buyer agrees to reimburse the cost of delivery services provided by third-party carriers, where applicable.
8.3. The Seller shall not be liable for any delays in delivery caused by the carrier where the delivery method has been agreed with the Buyer and depends on the actions of the third-party carrier.
8.4. Upon delivery of the Goods, the Seller shall provide the Buyer with the required accompanying documentation (delivery note, fiscal receipt, etc.) in accordance with the legislation of Ukraine.
8.5. The Seller and/or the carrier reserves the right to refuse delivery of alcoholic beverages to any Buyer under the age of 18.
9.1.1. Verify the quality and quantity of the Goods during packaging and prior to delivery to the Buyer.
9.1.2. Provide the Buyer with all information required by applicable law and this Agreement.
9.1.3. Notify Buyers of amendments to this Agreement by publishing the updated version on the Website.
9.1.4. Ensure the confidentiality of the Buyer's personal data and comply with the legislation of Ukraine on personal data protection.
9.1.5. Perform any other obligations provided for by applicable law and this Agreement.
9.2.1. Terminate this Agreement unilaterally if the Buyer breaches its terms.
9.2.2. Refuse to perform this Agreement in the event of force majeure circumstances.
9.2.3. Amend this Agreement unilaterally prior to its conclusion by publishing the updated version on the Website.
9.2.4. Assign its rights and obligations under this Agreement to third parties.
9.2.5. Verify that the Buyer has reached the legal age of 18.
9.2.6. Fully or partially refuse to fulfill an Order if the Goods are unavailable at the time the Order is placed.
9.2.7. Refuse to perform this Agreement if it is discovered that the Buyer has provided false or inaccurate information, including information regarding the Buyer's age.
10.1.1. Read and understand the contents of this Agreement.
10.1.2. Provide the Seller with accurate and complete information necessary for the proper performance of this Agreement.
10.1.3. Exercise the rights granted under this Agreement in good faith, comply with the terms of this Agreement, and adhere to the applicable legislation of Ukraine.
10.1.4. Fulfill any other obligations provided for by this Agreement and the applicable legislation of Ukraine.
10.2.1. Place an Order through the relevant page of the Website.
10.2.2. Require the Seller to duly perform the obligations set forth in this Agreement.
10.2.3. Request from the Seller all necessary information regarding the Goods in accordance with the applicable legislation and the provisions of this Agreement.
10.2.4. Exercise any other rights provided for by this Agreement and the applicable legislation of Ukraine.
11.1. The Seller shall not be liable for the use or further use of the Goods sold to the Buyer under this Agreement.
11.2. By entering into this Agreement, the Buyer is solely responsible for the accuracy of the information provided and confirms that they have read, understood, and accepted the terms of this Agreement.
11.3. The Buyer shall bear full responsibility for providing inaccurate or false information that results in the Seller's inability to properly fulfill its obligations under this Agreement.
11.4. The Buyer is solely responsible for the accuracy and timeliness of payments made. Any amounts mistakenly transferred by the Buyer to third-party accounts shall not be reimbursed or compensated by the Seller.
11.5. The Seller shall not be liable for any losses incurred by the Buyer as a result of refusing the Goods in accordance with the provisions of this Agreement.
11.6. The Seller shall not be responsible for the integrity or preservation of the Goods if the delivery is carried out by a third-party carrier rather than by the Seller.
11.7. The Seller shall not be liable to any party for any direct, indirect, incidental, consequential, special, or other damages resulting from the use of information available on the Seller's Website or on any third-party website linked from the Website.
11.8. The Seller shall be released from liability for partial or improper performance of this Agreement if such failure results from the Buyer's non-compliance with any provision of this Agreement.
11.9. The Seller shall not be liable if the Buyer's expectations regarding the characteristics or consumer properties of the Goods are not met.
11.10. The Seller's total liability under this Agreement, regardless of the nature of any claim, including claims made by the Buyer, shall be limited to the total value of the Goods purchased by the Buyer.
11.11. The Parties shall bear any other liability for failure to perform or improper performance of their obligations under this Agreement in accordance with the provisions of this Agreement and the applicable legislation of Ukraine.
12.1. The Parties shall be released from liability for full or partial failure to perform, or improper performance of, their obligations under this Agreement if such failure results from force majeure circumstances, namely extraordinary and unavoidable events beyond the reasonable control of the Parties that objectively prevent the performance of their obligations. Such circumstances include, but are not limited to: threat of war, armed conflict or serious threat thereof, including hostile attacks, blockades, military embargoes, actions of a foreign enemy, general military mobilization, military operations, declared or undeclared war, acts of a public enemy, civil unrest, terrorist acts, sabotage, piracy, riots, invasion, revolution, rebellion, insurrection, mass disturbances, imposition of curfew or quarantine established by the Cabinet of Ministers of Ukraine, expropriation, compulsory seizure, occupation of enterprises, requisition, public demonstrations, strikes, accidents, unlawful acts of third parties, fire, explosion, prolonged interruptions in transport operations resulting from governmental decisions or regulations, closure of sea straits, embargoes, export or import restrictions, as well as exceptional weather conditions and natural disasters, including epidemics, severe storms, cyclones, hurricanes, tornadoes, windstorms, floods, heavy snowfall, ice storms, hail, frost, freezing of seas, straits, ports or mountain passes, earthquakes, lightning, fires, droughts, land subsidence, landslides, and any other natural disasters.
12.2. If force majeure circumstances prevent the Parties from performing this Agreement, the time for performance of the obligations under this Agreement shall be extended for the duration of such circumstances.
12.3. If the force majeure circumstances continue for more than one (1) month and prevent the performance of obligations under this Agreement, either Party shall have the right to terminate this Agreement unilaterally by providing written notice to the other Party. Notwithstanding the occurrence of force majeure, the Parties shall make final settlements of all outstanding obligations prior to the termination of this Agreement.
12.4. The occurrence of force majeure circumstances shall not release the Buyer from the obligation to pay for the Goods already received.
13.1. By accepting this Offer, the Buyer gives consent to the collection and processing of their personal data in accordance with the Law of Ukraine No. 2297-VI «On Personal Data Protection» dated June 1, 2010. The Buyer's personal data shall be processed in compliance with the applicable legislation of Ukraine on personal data protection.
13.2. The data provided by the Buyer when placing an Order shall be used for processing Orders, delivering Goods, providing information regarding Orders, and sending marketing communications via electronic means (including email and mobile communications), such as promotional offers, information about campaigns, prize draws, special offers, and other information regarding the Seller's or its partners' activities, as well as for other legitimate commercial purposes.
13.3. The Seller guarantees the confidentiality and protection of the Buyer's personal data.
13.4. The Buyer authorizes the Seller to process their personal data, including, but not limited to, incorporating such data into databases (without additional notification), storing such data for an unlimited period, accumulating, updating, and modifying the data where necessary.
13.5. The Seller undertakes to protect the Buyer's personal data against unauthorized access by third parties and shall not disclose or transfer such data to third parties, except where such transfer is necessary to commercial partners or persons authorized by the Seller to process personal data for the purposes specified herein, including mobile network operators, postal and courier service providers, contact centers, advertising agencies, or where disclosure is required by competent public authorities in accordance with applicable law.
13.6. The Seller undertakes to:
13.7. The Buyer has the right to opt out of receiving promotional or other marketing information by sending an appropriate request to the Seller's email address specified on the Website.
13.8. The Buyer has the right to request information regarding whether the Seller processes their personal data. The Seller shall provide a response within thirty (30) calendar days.
13.9. Personal data collected under this Agreement shall be deleted once it is no longer necessary for the purposes for which it was collected.
13.10. The Buyer has the right to request access to or deletion of their personal data processed or stored by the Seller. Such request shall be submitted by sending a notice to the Seller's email address or by mailing a written request to the Seller's registered address.
13.11. The Seller may record telephone conversations with the Buyer, provided that the Buyer is informed in advance of such recording. The Seller undertakes to prevent unauthorized access to information obtained during such telephone conversations and to prevent disclosure of such information to persons not directly involved in the fulfillment of the Order.
14.1. This Agreement shall become effective upon the Buyer's acceptance of this Offer and shall remain in force until both Parties have fully fulfilled their respective obligations.
14.2. This Agreement may be terminated in accordance with the procedure and on the grounds provided by the applicable legislation of Ukraine.
14.3. The Seller shall fulfill the Order and deliver the Goods to the Buyer no later than seven (7) calendar days from the date of the Buyer's acceptance of this Offer and receipt of full (100%) payment for the ordered Goods.
14.4. Any disputes or disagreements arising out of or in connection with the performance of this Agreement shall first be resolved through negotiations based on a written claim submitted by the Buyer. Upon receipt of such claim, the Seller shall, within twenty (20) calendar days, either satisfy the Buyer's claims or provide a reasoned written refusal. If the dispute cannot be resolved through the claims procedure, the Buyer shall have the right to refer the dispute to the competent court at the Seller's registered location.
14.5. All notices and other documents under this Agreement shall be sent to the addresses specified herein.
14.6. The Seller's Website may be temporarily unavailable, either partially or entirely, due to maintenance, technical works, or other technical reasons.
14.7. The Seller shall have the right to assign its rights and obligations under this Agreement to third parties.
14.8. The Buyer confirms that all terms and conditions of this Agreement are clear and understandable and accepts them unconditionally and in full.
14.9. Any matters not expressly regulated by this Agreement shall be governed by the applicable legislation of Ukraine.
BIG WINES LIMITED LIABILITY COMPANY
Identification Code: 42890892
Registered Address:
Office 2B, 1/8 Igorivska Street,
Kyiv 04070, Ukraine
Retail Alcohol Sales License:
No. 26560308202400380
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