The text below is a public agreement (offer) between the online store whose website available on the Internet at https://artwinery.com.ua/, hereinafter referred to as “Online Store”, and the user of Online Store, hereinafter referred to as “Customer”, which defines the terms and conditions of purchase of alcoholic beverages via the Online Store website.

1. General Provisions

1.1. This agreement is a public offer and a public agreement in the meaning of Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine. Terms and conditions of this agreement are the same for all customers.

1.2. According to Part 2 of Article 642 of the Civil Code of Ukraine, if Customer places Order on the Online Store website, this shall mean that he/she accepted this offer, which is equivalent to signing the agreement on the terms set out below.

1.3. Customer acknowledges that he/she purchases Alcoholic Beverages exclusively for personal non-commercial use and he/she is the end consumer.

2. Terms and Definitions

2.1. Online Store shall mean Artwinery Private Joint-Stock Company (EDRPOU code 00412168), a legal entity registered under the laws of Ukraine, which is the owner of the website available online at https://artwinery.com.ua/. Address of the legal entity: 87 P. Lumumby Str., Bakhmut, Donetsk region, 84500

2.2. Alcoholic Beverages shall mean the list (range) of wine products (still wines, sparkling wines, etc.) made of grapes, where alcohol content is achieved through alcohol fermentation of crushed berries or fresh juice and ranges between 9 and 13.5 percent alcohol by volume, published on the website of the Online Store.

2.3. Customer shall mean an individual who has reached the age of eighteen, who receives information from the Online Store, who places an order and buys Products or instructs to purchase Alcoholic Beverages presented on the website of the Online Store, for non-commercial purposes.

2.4. Commission Agreement shall mean an agreement executed on the basis of the current Civil Code of Ukraine by and between Customer and Online Store, on the basis of which Online Store shall select, purchase and deliver (subject to the terms and conditions of purchase) Alcoholic Beverages selected by Customer on the Website for, on behalf and at the expense of the Customer, and Customer shall accept and pay for the services provided by Online Store and reimburse the costs of the Online Store to execute the Customer’s order.

2.5. Order shall mean Customer’s order completed and addressed to the Online Store.

2.6. Website shall mean web pages accessible through a web browser, and software modules put together by a single management system, available online at https://artwinery.com.ua/ and having all features of a public offer for the services to select, purchase and deliver (subject to the terms and conditions of purchase) of Alcoholic Beverages selected by Customer on the website.

2.7. Personal Account shall mean the space on the Website that can be accessed by the Customer, which displays his/her personal information and the history of his/her Orders.

2.8. Authorization Procedure shall mean a set of actions performed by Customer that allow to identify Customer based on the data entered by him/her.

3. Subject Matter of the Agreement

3.1. This agreement defines the procedure for interaction and terms and conditions of the services provided to Customer by Online Store based on his/her will, need and ability to use the services to purchase Alcoholic Beverages for and on behalf of the Customer and have them delivered (subject to the terms and conditions of purchase), and on the will of the Online Store to provide relevant information to Customer, select, purchase and deliver (subject to the terms and conditions of purchase) Alcoholic Beverages on behalf of the Customer.

3.2. Online Store shall provide services to Customer to search and register orders to select, purchase and deliver (subject to the terms and conditions of purchase) of Alcoholic Beverages for, on behalf and at the expense of the Customer.

3.3. Online Store does not sell Alcoholic Beverages, but provides services to select, purchase and deliver (subject to the terms and conditions of purchase) Alcoholic Beverages on behalf and at the expense of the Customer on the basis of Commission Agreement concluded with Customer. Prices for Alcoholic Beverages listed on the Website include the cost of services under the Commission Agreement and delivery (subject to the terms and conditions of purchase) of Alcoholic Beverages to the Customer.

3.4. Customer accepts the terms and conditions of this agreement at the time of placing the Order by confirming the selected action in the Order form by clicking the “Place Order” button, which shall mean that Customer has read and understood the text of this agreement and accepts its terms and conditions. If Customer objects granting of his/her consent in the manner above, Online Store shall not be liable for non-performance of the terms and conditions of this Agreement and reserve the right to cancel the Order unilaterally.

3.5. Online Store shall have the right to engage third parties to perform its obligations under the Commission Agreement without prior notice to Customer.

4. Website Rules 

4.1. Whether the Customer is registered on the Website or not, Customer may view the content of the Website, place Orders for Alcoholic Beverages, as well as use other services of the Website.

4.2. Registration is required for the Customer to have access to personalized information and enjoy additional functions of the Website.

4.3. When registering, the Customer shall provide the following data:

4.3.1. First name and surname;

4.3.2 Contact telephone number;

4.3.3 E-mail;

4.3.4 Secret word (password) used by the Customer to access his/her Personal Account.

4.4. Customer shall provide correct, accurate and complete information about him/her. Online Store shall not be responsible for the accuracy and correctness of information provided by Customer when registering and placing Orders.

4.5. After registration on the Website, Customer shall be granted access to his/her Personal Account.

4.6. Customer shall not disclose the access parameters specified during registration to any third parties. If Customer suspects unauthorized use of such parameters by third parties, Customer shall immediately notify Online Store thereof by sending an e-mail to https://artwinery.com.ua/ or by contacting Online Store operator by phone number indicated in the “Contacts” section of the Website.

4.7. Upon authorization, Customer shall be responsible for any and all actions made on the Website via his/her account and on his/her behalf.

4.8. Online Store shall have the right to refuse Customer to use the services of Online Store if the latter reasonably believes that Customer provided inaccurate data, as well as in case of misconduct (e.g., violation of this agreement, etc.).

4.9. Website shall not be used for illegal and prohibited activities. Customer of Online Store shall undertake to comply with the laws of Ukraine and online ethics, in particular, but not limited to, not to post extremist, pornographic or other materials that affect and/or assault on the honour, dignity and/or business reputation of others persons and violate universal moral principles, as well as not to post any advertising information on the Website.

5. Ordering Procedure 

5.1. Customer shall individually place Orders on the Website by adding preferred Alcoholic Beverages to the virtual cart and confirming such actions in the Order form by clicking “Place order” button.

5.2. Customers may place Orders for Alcoholic Beverages regardless of whether they are registered on the Website or not.

5.3. If Customer is not registered on the Website, he/she may place an Order for Alcoholic Beverages by filling in a certain form offered by Online Store.

6. Payment Procedure

6.1. Customer shall pay for Alcoholic Beverages and/or services of Online Store to select, purchase and deliver (subject to the terms and conditions of purchase) Alcoholic Beverages features in the Customer’s Order on the Website, and shall reimburse actual costs of the Online Store for executing Customer’s order hereunder.

6.2. Total amount of the Order, which includes full cost of Alcoholic Beverages, cost of services of the Online Store and reimbursement of actual costs for executing Customer’s order, shall be the amount payable and is shown on the Website when making an Order.

6.3. When placing an Order for Alcoholic Beverages, Customer shall individually select the method of payment for the Order which he/she shall use to make payment. Payments shall be in UAH, the national currency of Ukraine.

6.4. Customer may pay for the Orders as follows:

6.4.1. Advance payment when placing the Order, the payment shall be made by a wire transfer using WeyForPay payment system;

6.4.2. Pay at the time of collecting the Order from retail chain stores (bars) in cash after the Customer checked all items of Alcoholic Beverages ordered.

7. Methods and Terms of Delivery of Orders

7.1. When placing Order for Alcoholic Beverages, Customer shall indicate place of delivery (city/town) and select the best preferred method of delivery of the Order.

7.2. Online Store offers the following methods of delivery of Orders:

7.2.1. By Nova Poshta or Ukrposhta to the delivery office or by courier of the carrier to the specified address (nationwide);

7.2.2. By courier of Ipost service to the specified address (within Kyiv);

7.2.3. Customer pick-up from the branded retail chain stores (bars) whose addresses listed on the Website.

7.3. Orders above UAH 1000.00 (one thousand hryvnias 00 kopecks) are delivered at the expense of the Online Store, in which case the latter shall have the right to choose a carrier.

7.4. Orders below UAH 1000.00 (one thousand hryvnias 00 kopecks) are delivered at the Customer's expense, in which case the latter shall have the right to choose a carrier.

7.5. Together with the Order, Customer shall be provided with a payment document, i.e. a fiscal check that proves that Customer paid for Alcoholic Beverages and/or services of Online Store.

8. Confidentiality and Personal Data Protection

8.1. When registering on the Website, Customer discloses his/her personal data specified in Clause 4.3. hereof.

8.2. In addition to the data specified in Clause 4.3. hereof, Online Store receives the following data from the Customer:

8.2.1.Delivery address;

8.2.2. Information about Customer's tastes, interests, preferences;

8.2.3. Other information necessary for proper and timely performance of the Order.

8.3. By disclosing his/her personal data on the Website when registering or placing an Order, Customer grants his/her voluntary consent to processing and use (including transfer) of his/her personal data for an indefinite term in accordance with the Law of Ukraine “On Personal Data Protection” No. 2297-VI dated 1 June 2010 (as amended).

8.4. Online Store shall use obtained personal data for the purposes of sale of Alcoholic Beverages and provision of services set out in this Agreement, promotion of services provided by Online Store, including through automated processing of personal data.

8.5. Online Store shall not disclose information obtained from the Customer on its own initiative. Provision of information by Online Store to agents and third parties contracted by Online Store, including to perform obligations to the Customer, as well as in cases where disclosure of such information is required by Ukrainian law, shall not be deemed a violation.

8.6. If Customer does not want Online Store to proceed with processing his/her personal data, Customer shall contact its support service. In this case, Customer will not be able to continue to enjoy services of Online Store.

8.7. Customer shall be responsible for maintaining his/her personal data up to date. Online Store is not be liable for improper performance or non-performance of its obligations due to information about the Customer being outdated or inaccurate.

9. Information Messages

9.1. By registering on the Website or placing an Order without registration, Customer grants Online Store his/her consent to receive informational messages from the Online Store via the short messages service (SMS) and/or e-mail.

9.2. Customer shall have the right to refuse to receive such messaging at any time by adjusting relevant settings in his/her Personal Account.

10. Website Material Usage Policy 

10.1. Website contains materials, trademarks, trade names and other legally protected materials, including, but not limited to, texts, photos, graphics, music and sound.

10.2. All content of the Website is protected by the legislation of Ukraine.

10.3. Customer shall not have the right to use materials posted on the Website, namely: to change, publish, copy and transfer to third parties, participate in the sale or assignment, create derivative works, etc.

11. Cookies Policy

11.1. The artwinery.com.ua website uses the cookie technology.

11.2. Users/Customers may adjust their browser settings and refuse to save cookies. Please note that disabling cookies may restrict access to materials posted on the Website.

11.3. Customer uses services owned by other third-party companies, such as Instagram, Facebook, Google Analytics, etc. Such companies may use cookies on Users’/Customers’ devices when they visit the Website. Vendor cannot influence cookie usage by such services. Cookie usage policy may be found on a relevant resource.

11.4. Vendor does not sell or distribute (including publicly) information about Users/Customers that was obtained using cookies.

12. Final Provisions

12.1. This agreement is executed on the territory of Ukraine and is subject to the substantive law of Ukraine.

12.2. Invalidity of any clause or part of this agreement shall not invalidate the agreement as a whole.

12.3. All disputes between Customer and Online Store shall be settled through negotiations. If a dispute cannot be settled, Customer or Online Store may apply to the courts in accordance with the applicable legislation of Ukraine.

12.4. Online Store shall have the right to make any amendments hereto at its sole discretion at any time and without prior notice to the Customer.