PUBLIC AGREEMENT (PUBLIC OFFER) FOR THE PURCHASE AND SALE OF

GOODS PRESENTED ON THE WEBSITE

haistergin.com

 

LIMITED LIABILITY COMPANY "HAISTER GIN" (a legal entity established and operating in accordance with the current legislation of Ukraine, located at: 79067, Ukraine, Lviv region, Lviv, Poetychna Str. 17; identification code: 44282607), hereinafter referred to as the "Seller", guided by Articles 633, 638 and 641 of the Civil Code of Ukraine, publicly and officially offers to unspecified number of persons, hereinafter referred to as the "Offer" or "Public Offer", to conclude a remote agreement for the sale and purchase of goods presented on the website haistergin.com, hereinafter referred to as the "Agreement", on the following terms and conditions:

 

1. DEFINITION OF TERMS

1.1. The terms used in this Agreement have the following meanings:

1.1.1. "Acceptance" is the complete, unconditional and unconditional acceptance by the Buyer of the terms of the Agreement in the form in which they are set forth in the text of this Offer.

1.1.2. “Gin Producer” is Limited Liability Company "Scientific and Production Enterprise "HETMAN" (EDRPOU code 31804036, address of location: Ukraine, 81555, Lviv region, Lviv district, urban-type settlement Velykyi Liubin (z), Lvivska street, building 176), which, by order of the Seller, produces Ukrainian dry gin “HAISTER”.

1.1.3. "Electronic catalog" is an electronic catalog of the Seller's goods, posted on the Site in the "Shop" section, which are offered for sale under the terms of this Offer.

1.1.4. "Order" is  the Buyer's application addressed to the Seller for the purchase of the Goods selected by the Buyer under the terms of this Offer, according to the form posted on the Site in the "Shopping Cart" section.

1.1.5. “Store” – a store where the Goods are stored and sold, located at the address: Lviv region, Lviv district, village of Zymna voda, Yavorivska st., building 48, building 1, apt. (office) 2. License for the right to retail trade in alcoholic beverages No. 13050308202500984 dated from February 21, 2025.

1.1.6. "Carrier" is a Limited Liability Company "NOVA POSHTA" (EDRPOU code 31316718, location address: 03026, Kyiv, Stolichne shose, 103, building 1, floor 9, official website: novaposhta.ua) and any business entity from a group of companies (business entities) that provide logistics services (delivery, transportation) of goods under the trademark "Nova Poshta".

1.1.7. "Buyer" is any legally capable person who, in accordance with the current legislation of Ukraine, has the right to purchase the Goods, has fully accepted all the terms of the Agreement and, in accordance with the procedure and on the terms provided for in this Agreement, has purchased the Goods of his own free will.

1.1.8. "Working time" is the time from 9:00 to 18:00 on any working day, except weekends and any holidays and non-working days established by the current legislation of Ukraine.

1.1.9. "Site" is a website owned and administered by the Seller, located on the Internet at the address: https://haistergin.com/, including all its web pages.

1.1.10. "Product” or “Goods” is Ukrainian Dry Gin "HAISTER", produced by the Gin Producer by order of the Seller, and/or the Seller's merchandise, for the purchase of which the Seller's offer is posted on the Site. The description of the Product on the Site is accompanied by its image, which may differ from the real appearance, which is not a violation of the terms of this Agreement. Any information about the Product contained on the Site is for informational purposes only and cannot be considered to fully convey all the properties and characteristics of the Product without exception. If the Buyer has any questions about the Product, he must consult the Seller before placing an order.

1.2. All other terms used in this Agreement shall have the meanings defined by the current legislation of Ukraine.

 

2. SUBJECT AND GENERAL PROVISIONS OF THE AGREEMENT (OFFER)

2.1. In accordance with the procedure and under the conditions established by this Agreement, on the basis of and in accordance with the Order, the Seller undertakes to transfer the Goods to the Seller's ownership, and the Buyer undertakes to pay for and accept the Goods.

2.2. The name, assortment, quantity and price of the Goods, which are the subject of this Agreement, are determined in Order and in the document confirming the transaction (settlement document and/or expense invoice).

2.3. The validity of this Offer as the Seller's offer to purchase the Goods (for a range of people, in space, in time, etc.):

2.3.1. This Offer is addressed to an unspecified group of persons. In this case, Buyers of alcoholic beverages as the Seller's Products in accordance with the terms of this Agreement cannot be persons who are prohibited from selling alcoholic beverages under the current legislation of Ukraine, including, but not limited to: minor individuals (under 18 years of age), military of the Armed Forces of Ukraine, the National Guard and other military formations, as well as law enforcement officers, etc.

2.3.2. This Offer applies to the entire territory of Ukraine, except for the temporarily occupied territories of Ukraine, and for alcoholic beverages - to territories where restrictions on the sale of alcoholic beverages imposed by the competent authorities of Ukraine are in effect (including, but not limited to: on the territory of educational and medical institutions, with the exception of restaurants located in sanatoriums; in stores selling children's goods or sport goods, as well as in specialized departments of universal trade organizations; at indoor sports facilities; through vending machines and on self-service shelves; from hands or places not intended for trade, etc.).

2.3.3. The competent authorities of Ukraine may introduce additional restrictions on the sale of the Goods, in particular, alcoholic beverages (to certain categories of persons, in certain territories, at certain times of the day, in certain ways, etc.). In such cases, this Offer is valid taking into account the specifics of the relevant legal regime.

2.4. This Agreement (Offer) is an official document of the Limited Liability Company "HAISTER GIN", has legal force and is posted for free access in the footer of the Site (the text is published on the Site at: https://haistergin.com/ukr/yuridichniy/ or https://haistergin.com/yuridichniy/).

2.5. The contractual relationship between the Seller and the Buyer is concluded remotely by the Buyer's Acceptance of the Agreement. The moment of Acceptance is considered the moment the Buyer purchases the Goods by adding them to the virtual cart, sending the Order to the Seller and making payment in the amount of the full cost of the Goods specified in the Order.

The absence of a copy of the Agreement signed between the Parties on paper, with the signatures of the Parties, and/or signed in electronic form with the imposition of qualified electronic digital signatures of the Parties in the event of actual payment by the Buyer, is not a reason to consider this Agreement not concluded.

The Buyer is obliged to independently familiarize himself with the terms of this Agreement and the Seller is not obliged to additionally or in any other way inform the Buyer about the existence of the Agreement other than by publishing it on the Site. By making the Acceptance, the Buyer confirms that he is fully and completely familiar with and agrees with the terms of this Offer.

2.6. This Agreement is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers, regardless of status (individual, legal entity, individual entrepreneur).

2.7. The Seller reserves the right to unilaterally amend this Agreement without any special notification to third parties. The new version of the Agreement shall enter into force from the moment the new text of the Agreement is posted on the Site, unless otherwise provided by the new version of the Agreement.

2.8. By making the Acceptance, the Buyer purchasing the Goods subject to the restrictions on purchase provided for by the current legislation of Ukraine confirms and guarantees that he is an adult capable person who has reached the age of 18 and is not subject to the restrictions on purchase of the relevant type of goods provided for by the current legislation of Ukraine. In case of reasonable doubts regarding the Buyer's fulfillment of the conditions specified in this clause, the Seller has the right to refuse to sell the Goods.

 

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Buyer is obliged to:

3.1.1. Provide the Seller with complete and accurate information regarding his/her/it data, which uniquely identifies him/her/it as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer;

3.1.2. By the time the Agreement is concluded, familiarize with the rules and conditions of use of the Site, the content and terms of the Agreement, including: information about the Goods, prices offered by the Seller on the Site, methods of payment and delivery of the Goods on the Site, etc.;

3.1.3. In accordance with the procedure and under the conditions established by this Agreement, pay for and accept the ordered Goods;

3.1.4. Upon receipt of the Goods, ensure the integrity and completeness of the Goods by inspecting the contents of the package;

3.1.5. Within the period provided for by the current legislation of Ukraine, and, in particular, by the Law of Ukraine "On Protection of Consumer Rights" for the return of the Goods, keep the relevant payment document confirming the sale of the Goods;

3.1.6. Perform other obligations stipulated by this Agreement and the current legislation of Ukraine.

3.2. The Buyer has the right:

3.2.1. In case of disagreement with any clause of the Offer, to refuse to conclude the Agreement and purchase the Goods, as well as - any other actions provided for by this Agreement;

3.2.2. To consult the Seller regarding the properties and characteristics of the Goods; 

3.2.3. To require the Seller to fulfill the Order in accordance with the terms of this Agreement;

3.2.4. To refuse to accept Goods that do not comply with the Order, poor-quality or incomplete Goods;

3.2.5. To exercise other rights provided for by this Agreement and the current legislation of Ukraine.

3.3. The Seller is obliged to:

3.3.1. Provide the Buyer with complete and accurate information about the Goods, as well as its cost by posting this information on the Site;

3.3.2. Under the terms established by the Agreement, transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the Site, the executed Order and the terms of the Agreement;

3.3.3. Check the characteristics of the Goods for compliance with the terms of the Order at the time its packaging in the Store. 

3.3.4. Transfer the Goods to the Buyer in accordance with the terms of this Agreement and the relevant Order of the Buyer.

3.3.5. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except in cases provided for by the legislation of Ukraine and in connection with the fulfillment of the Buyer's Order.

3.3.6. Perform other obligations stipulated by this Agreement and the current legislation of Ukraine.

3.4. The Seller has the right:

3.4.1. At any time, make changes to this Agreement, materials and information (including about the Goods) offered on the Site;

3.4.2. Refuse to conclude the Agreement if it is not possible to sell the relevant Goods to the Buyer;

3.4.3. Require the Buyer to fulfill the obligations imposed on the Buyer under the terms of this Agreement;

3.4.4. Unilaterally suspend the execution of the Order in the event of the Buyer's violation of the terms of this Agreement. 

3.4.5. Exercise other rights provided for by this Agreement and the current legislation of Ukraine.

 

4. ORDER FORMATION (PLACEMENT) AND ACCEPTANCE IT FOR EXECUTION

4.1. Information about the Goods is posted on the Site in order to provide a potential Buyer with the opportunity to pre-familiarize, select, reserve and order the relevant Goods. Subsequently, the Goods are sold by the Seller to such Buyer with the issuance of a document confirming the transaction (settlement document and/or invoice) at the time of shipment of the Goods to the Buyer under the Order placed through the Site, and after payment for such Goods.

4.2. The Buyer has the right to purchase any Goods that are in the Electronic Catalog and in stock with the Seller on the date of formation (placement) the Order.

4.3. In order to purchase the Goods, the Buyer independently places an Order using the Site by filling out the appropriate form located in the "Shopping Cart" section, and confirming the Order or with the help of a representative of the Seller by contacting the email address or phone number specified on the Site.

4.4. When placing an Order, the Buyer have to provide the following information necessary for the Seller to fulfill the Order:

• Name and Surname of the Buyer;
• Contact phone number and email address of the Buyer;
• Number and address of the branch/post office of the Carrier's delivery service;
• Payment method (LiqPay - payment by Visa, Mastercard, Google Pay, Privat24, etc.);
• Name, quantity and cost of the selected Product.

The Seller has the right to request additional information from the Buyer, not specified in clause 4.4 of this Agreement, to ensure the execution of the Order or in connection with a compliance check for compliance and observance of the current legislation of Ukraine regarding restrictions on the purchase of the relevant type of the Goods.

4.5. When placing an Order, the Buyer undertakes to provide complete and accurate information as provided for in clause 4.4 of the Agreement. All responsibility for the consequences of the Buyer providing incomplete/inaccurate/inaccurate data lies with the Buyer. The Seller has the right to withhold the transfer of the Goods under the Order to the Buyer if the information specified by the Buyer in the Order is incomplete or raises suspicions as to its validity, until the Buyer eliminates the relevant deficiencies in the Order or confirms their validity.

4.6. If the Seller does not have the Goods, the Seller is obliged to notify the Buyer by phone or e-mail specified in the Order. In such a case, either Party has the right to replace the missing Goods with the similar Goods, refuse the Goods or cancel the Order.

4.7. The Order is considered accepted by the Seller for execution after the Seller confirms the Order (confirmation is the Seller's message sent by means of communication to the Buyer to the Buyer's phone number or email address specified in the Order) and the Buyer makes payment in the amount of the full cost of the Goods specified in the Order. After that, the Offer is considered accepted, and the Agreement is considered concluded.

4.8. The Buyer has the right to cancel the Order by contacting the Seller at the contact phone numbers indicated on the Site. In such a case, the Seller cancels the Order and returns the paid funds to the Buyer, if the payment has been made. The Order can be canceled only before the transfer of the Goods to the Carrier.

 

5. PRICE OF GOODS, ORDER COST AND PAYMENT PROCEDURE

5.1. The price of the Goods is set by the Seller independently, by sole decision, in the national currency of Ukraine (hryvnia) per unit of the Goods.

5.2. The price of the Goods is published by the Seller in the Electronic Catalog. The price of the Goods is indicated including VAT.

5.3. The price of the Goods indicated on the Site does not include the costs associated with the delivery of the Goods (the cost, in accordance with the Carrier's current tariffs, of delivering the Goods to the Buyer, storing the delivered Goods and/or delivering the Goods to the Seller that were not received by the Buyer, etc.). The cost of the relevant costs associated with the delivery of the Goods is paid by the Buyer. 

5.4. The Seller reserves the right to unilaterally change the prices of the Goods presented in the Electronic Catalog at any time, without notice to the Buyer, by publishing new prices. In this case, the price of a single unit of the Goods under the relevant Order, the cost of which has already been paid in full by the Buyer, cannot be changed unilaterally by the Seller.

5.5. The total price of the Goods to be paid by the Buyer consists of the sum of the prices for the units of the Goods selected by the Buyer and specified by the Buyer in the relevant Order (Order Price). The Order Price may vary depending on the price, quantity, nomenclature of the Goods and the availability of a discount on the relevant Goods.

5.6. Payment for the cost of the ordered Goods (Order Cost) can be made by the Buyer exclusively on the terms of advance payment of the full amount of the Order Cost. 

5.7. Payment for the cost of the ordered Goods (Order Cost) can be made in one of the following ways:

• by non-cash payment using payment systems posted on the Site;
• by transferring the relevant amount of money by the Buyer to the Seller's bank account in accordance with the bank details specified in the invoice for payment for the relevant Goods provided/sent to the Buyer by the Seller;
• in another way, by additional agreement of the Parties.

5.8. In the case of non-cash payment, the Buyer's obligations to pay the cost of the ordered Goods (Order Cost) are considered fulfilled from the moment the funds in the amount of the full Order Cost are credited to the Seller's current account. 

5.9. The Buyer shall pay additionally for the services of payment systems, terminals, and banks used by the Buyer to pay for the Order Cost.

5.10. After payment from the Buyer for the full amount of the Order Cost will be received, the Seller provides the Buyer with a document confirming the completion of the electronic transaction (electronic settlement document and/or electronic expense invoice). An electronic billing document and/or an electronic invoice for the Goods under the relevant Order are provided to the Buyer by electronic means to the email address and/or telephone number specified when placing the Order.

5.11. The Seller has the right to provide discounts on the Goods, including through promotional codes (in any case, prices for alcoholic beverages cannot be lower than the relevant minimum retail prices established by the state).

Discount terms are specified by the Seller on the Site and may be changed unilaterally by the Seller. If the Goods are sold at a discount, information about the availability and amount of the discount is posted on the Site and is for informational purposes only. The price at which the Goods are sold is indicated in accordance with clause 5.2. of the Agreement. Discounts using promotional codes are not cumulative and are not added to other discounts.

 

6. QUALITY, MARKING AND PACKAGING OF THE GOODS

6.1. The quality of the Goods must meet the requirements of the current in Ukraine regulatory and technical documentation and be confirmed by the relevant documents established by the current legislation for the relevant type of product.

6.2. Product marking must meet the requirements established by current legislation for the relevant type of product.

6.3. The alcoholic beverage (in particular, Ukrainian dry gin "HAISTER") as the Goods sold by the Seller is transferred to the Buyer in the Gin Producer's packaging. The quality of this Product is guaranteed by the Gin Producer.

6.4. The Buyer's rights in case of purchase of the Goods of inadequate quality are determined by the current legislation of Ukraine.

 

7. DELIVERY AND PROCEDURE FOR ACCEPTANCE AND HANDOVER OF THE GOODS. RIGHT OF PROPERTY AND RISK OF ACCIDENTAL LOSS OR DAMAGE TO THE GOODS

7.1. The place of sale of the Goods is the Store.

7.2. The Seller organizes the delivery of the Goods by the Carrier at the expense of the Buyer to the address specified by the Buyer in the Order.

7.3. As a general rule, the Seller shall ship the Goods to the Buyer during Working time, in particular:

• If the Order was paid for by the Buyer on a business day (Monday to Friday) before 11:00 a.m., the Goods may be shipped by the Seller on the same day;
• If the Order was paid for by the Buyer on a business day (Monday to Friday) after 11:00 a.m., the Goods may be shipped by the Seller on the next business day; 
• If the Order was paid for by the Buyer on Friday after 11:00 a.m. or on a weekend (Saturday or Sunday), the Goods may be shipped by the Buyer on the next business day. 

The terms of shipment of the Goods specified in this clause are approximate and may be extended in the event of failures in the Carrier's work, the occurrence of emergencies of a natural, man-made and anthropogenic nature, prolonged air alert and in other exceptional situations.

7.4. The Seller's obligations regarding the delivery of the Goods shall be deemed to have been fulfilled from the moment of handing over the Goods to the Carrier for delivery to the Buyer. 

7.5. All responsibility for the timely receipt of the delivered Goods lies with the Buyer. To this end, the Buyer undertakes to carefully check the correctness of the specified information when placing the Order and to monitor the receipt of messages/notifications from the Carrier at reasonable intervals. In this case, the Buyer is obliged to receive the Goods from the Carrier within 5 (five) business days from the date of receipt of the notification from the Carrier about the arrival of the Goods. 

7.6. If the Buyer, through the Buyer’s own fault, does not collect the Goods delivered to the Buyer under the relevant Order (in the event of the Buyer's absence at the delivery address specified by the Buyer in the Order, or the Buyer's refusal to receive the Goods for unjustified reasons upon delivery), the Goods are returned to the Seller and the Buyer is responsible for all costs associated with paying the cost of storage and return delivery of the Goods to the Seller (at the Carrier's rates).   

If the Buyer expresses a desire to re-receive the Goods that were not received due to the Buyer's fault and which were therefore returned by the Carrier to the Seller, the Seller has the right to demand compensation from the Buyer for all costs incurred by the Seller for the previous unsuccessful delivery, storage and return delivery of the Goods. In this case, the re-shipment of the Goods under the relevant Order is carried out by the Seller after receiving the specified compensation. 

In the event that the Buyer did not collect the delivered Goods due to the Buyer unilateral refusal of the Order, which is not related to the Seller's violation of the terms of the Agreement (poor quality of the Goods, etc.), the Seller has the right to return to the Buyer the money paid by the Buyer for the Goods, minus the commission of the relevant payment service and compensation in the amount of all costs incurred by the Seller for delivering the Goods to the Buyer, its storage and return delivery to the Seller (at the Carrier's rates).   

7.7. The acceptance and transfer of the Goods is carried out in accordance with the procedure established by the current legislation of Ukraine and is formalized by the Seller issuing a document confirming the conclusion of the transaction (settlement document and/or expense invoice, etc.). The date of transfer of the Goods is considered to be the date of acceptance and transfer of the Goods specified in the relevant document confirming the conclusion of the transaction.

7.8. Upon receipt of the Goods, the Buyer must, in the presence of a representative of the Seller or Carrier, check the conformity of the Goods with the qualitative and quantitative characteristics (name of the Goods, quantity, completeness, expiration date). In the event of non-compliance of the Goods with the relevant qualitative and quantitative characteristics, the Buyer has the right to refuse to receive the Goods upon receipt of the Goods from the Seller's representative or at the point of delivery. The fact of receipt of the Goods by the Buyer confirms that the Buyer has no claims to the quantity of the Goods, appearance, shelf life and completeness of the Goods.   

7.9. The transfer of risks of accidental loss or damage and ownership of the Goods from the Seller to the Buyer occurs at the time of acceptance and transfer of the Goods. In the case of delivery of the Goods by the Carrier, ownership of the Goods and associated risks are transferred from the Seller to the Buyer at the time of transfer of the Goods to the Carrier for delivery to the Buyer.

7.10. If the recipient of the Goods is a person who, according to the current legislation of Ukraine, does not have the right to purchase the Goods, the Seller, the Carrier or other authorized person has the right to refuse to transfer the Goods.

 

8. RETURN AND EXCHANGE (REPLACEMENT) OF THE GOODS

8.1. The Buyer has the right to exchange (replace) and/or return to the Seller a non-food Goods of proper quality if the relevant Goods did not satisfy the Buyer in terms of shape, dimensions, style, color, size or for other reasons cannot be used for its intended purpose. The Buyer has the right to return such Goods within 14 (fourteen) days, excluding the day of purchase. After the expiration of 14 (fourteen) days, the Seller decides whether to accept the return of the Goods at its sole discretion. The return of the Goods of proper quality is carried out if it has not been used and if its presentation, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for payment for the Goods have been preserved. 

The Buyer shall be refunded the cost of non-food Goods of proper quality within 7 business days from the date of receipt of such Goods by the Seller from the Buyer, provided that the Buyer complies with the requirements stipulated in this clause and the current legislation of Ukraine.

The list of goods that are not subject to return on the grounds provided for in this paragraph approved by the Cabinet of Ministers of Ukraine.

The Buyer shall not have the right to refuse the non-food Goods of proper quality that has individually defined properties if the specified Goods can be used exclusively by the Buyer who purchased it, (including non-standard sizes, characteristics, appearance, equipment, etc. at the request of the Buyer). Confirmation that the Product has individually defined properties is the difference in the dimensions of the Product and other characteristics specified on the Site.

8.2. Food products of proper quality are not subject to exchange (return) (in accordance with the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172 “On the Implementation of Certain Provisions of the Law of Ukraine “On Protection of Consumer Rights”).

In accordance with the current legislation of Ukraine (clause 28 of the Rules for the Retail Trade of Alcoholic Beverages, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 854 of July 30, 1996, etc.), alcoholic beverages of proper quality are not subject to exchange or return. In this regard, the possibility of exchanging (replacing) and/or returning any alcoholic beverages that are Goods of proper quality is not provided for by the terms of this Public Offer. At the same time, if there is a request from the Buyer to return alcoholic beverages that are Goods of proper quality, the Seller reserves the right at its sole discretion to decide whether to satisfy or not to satisfy such a request from the Buyer. 

8.3. Exchange (replacement) and/or return of the Goods of inadequate quality is carried out in accordance with the current legislation of Ukraine.

The inadequate quality of the Goods is understood as any non-compliance with the requirements established for the relevant product category in the regulatory legal acts of Ukraine and this Public Offer.

The Goods of inadequate quality, at the Buyer's choice, may either be replaced with a similar Goods of adequate quality, or the money paid for the Goods shall be returned to the Buyer. In the event of detection and return of the Goods of inadequate quality, the Buyer is obliged to transfer such Goods to the Seller, and provide the Seller's representative with information (document) confirming the fact of its purchase on the Site. Consideration of the Buyer's claims regarding the improper quality of the Goods, including resolving the issue of returning/replacing the Goods, is carried out within 14 (fourteen) calendar days from the date of receipt by the Seller of the relevant application from the Buyer.

The Buyer has the right to return the Goods of inadequate quality or replace it with the same or similar Goods of adequate quality available in the Store - within the expiration date of the Goods.

Requirements for the exchange (replacement) and/or return of the Goods of inadequate quality are satisfied by the Seller or the manufacturer of the Goods (the Gin Producer).

To process an exchange (replacement) and/or return of the Goods, the Buyer must provide, together with the Goods to be exchanged (replaced) or returned, an appropriate application, a payment document, and also present a passport or other identification document.

To refund the money, the Buyer must provide a payment document, present an identity document, and if the purchase of the Goods was paid for by bank card, also the details of the corresponding bank card from which the payment was made.

8.4. If the Buyer has any claims/complaints regarding the quality of the Seller's delivered Goods ordered on the Site, or other issues that arise for the Buyer in the context of receiving the Goods ordered on the Site, the Buyer may contact:

8.4.1. Sending a written request/complaint/claim to the address: Lviv region, Lviv city, Shevchenkivskyi district, Volynska st., 10; or

8.4.2. Sending a written request/complaint/claim to the email address: hello@haistergin.com; or

8.4.3. By contacting a consultant of LLC "HAISTER GIN" by phone: +380678856768.

8.5. The Seller has the right to refuse the Buyer to return the Goods purchased through the Site, if the Buyer violates the requirements of the current legislation of Ukraine regarding the features of returning goods or the rules for returning goods specified on the Site and in this Agreement.

8.6. The Seller shall refund the amount of the value of the returned Goods, excluding the costs of storage and delivery by the Carrier of the returned Goods. The Buyer understands and agrees that the storage and delivery of the Products by the Carrier is a separate service that is in no way related to the sale of the Goods and is not an integral part of the Goods purchased by the Buyer, the performance of which ends at the moment the Buyer receives the Goods.

Claims regarding the quality of the purchased Goods that arise after receipt and payment for the Goods are considered in accordance with the Law of Ukraine "On Protection of Consumer Rights". In this regard, the purchase of the Goods with delivery does not give the Buyer the right to demand the return of the Goods by means of a visit to the Buyer by a representative of the Seller and does not provide for the possibility of a refund of the cost of delivery of the Goods in the event of its return.    

8.7. Refund of funds paid for the Goods, in the event of its return or cancellation of a paid Order, is carried out in accordance with current legislation, within 7 business days.

8.8. In the case of non-cash payment for the Goods, the Seller shall refund the Buyer to the Buyer's bank card from which the funds were debited in payment for the Goods or by transferring the amount of money to the VISA\MASTERCARD card specified by the client within the terms established by the current legislation of Ukraine and the relevant payment system.

 

9. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE

9.1. The Parties are responsible for non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with the procedure provided for by this Agreement and the current legislation of Ukraine.

9.2. The Seller is not liable for non-fulfillment or improper fulfillment of the Order in the absence of the Seller's fault, including, but not limited to, for actions of third parties beyond the Seller's control (due to disruptions in the operation of communication lines, general interruptions in the operation of computer networks, interruptions in the operation of the Carrier and/or improper fulfillment by the Carrier of its obligations, etc.), as a result of the Buyer providing inaccurate/incomplete data when placing an Order, etc.

9.3. The Seller is not responsible for any discrepancy in the appearance of the Goods depicted on the Site, in the event of its change by the manufacturer (the Gin Producer), and for any minor discrepancy in the color scheme of the Goods, which may differ from the original Goods solely due to different color rendering of personal computer monitors of individual models.

9.4. All disputes arising as a result of this Agreement or in connection with it shall be resolved through negotiations. Any complaint or claim of the Buyer must be justified, in writing and submitted in accordance with the current legislation of Ukraine.

9.5. In case of impossibility of resolving the dispute through negotiations, it may be referred to a competent court in accordance with the current legislation of Ukraine.

 

10. FORCE MAJEURE (FORCE MAJEURE)

10.1. The Parties are exempt from liability for partial or incomplete non-performance or improper performance of obligations (obligations) under this Agreement if the relevant Party proves that the non-performance or improper performance was a consequence of force majeure (force majeure).

10.2. The Parties consider external and extraordinary events as force majeure: which did not exist at the time of signing the Agreement; which the Parties could not foresee and (or) avoid; which arose through no fault and beyond the Party's control; the occurrence and action of which the Party could not prevent by means of measures and means, the application of which can be fairly demanded and expected from the Party that was subjected to force majeure circumstances.

Circumstances of force majeure include: natural disasters (earthquakes, floods, hurricanes, destruction as a result of lightning, etc.), disasters of man-made and anthropogenic origin (explosions, fires, breakdown of machines, equipment, etc.), circumstances of public life (military actions, public unrest, epidemics, strikes, boycotts, etc.), as well as the issuance of acts by state authorities or local governments, legal or illegal prohibitive measures of the said bodies and other actions that do not depend on the will of the Party and make it impossible for the Party to fulfill its obligations under the Agreement or prevent their proper fulfillment. The following are not force majeure circumstances: financial and economic crisis, default, increase in the official and commercial exchange rates of foreign currency to the national currency, failure/violation of its obligations by the debtor's counterparty, absence of goods on the market necessary to fulfill the obligation, absence of the debtor's necessary funds, etc.

The Parties confirm their awareness of the introduction of martial law on the territory of Ukraine in connection with the aggression of the Russian Federation against Ukraine (hereinafter referred to as “martial law”) and accept the risks associated with this. In conditions of martial law, the relevant Party is exempted from liability under the Agreement if non-fulfillment or improper fulfillment of its terms is a consequence of specific circumstances related to martial law that make it impossible to properly fulfill obligations (occupation, military operations, explosions, fires at the location of the relevant Party; prohibitive and restrictive acts adopted by state authorities or local governments that directly affect the possibility of fulfilling the Agreement, etc.).

10.3. The fact of the occurrence of force majeure circumstances (force majeure) may be confirmed by: an individual official document (certificate, certificate, etc.) issued by the Chamber of Commerce and Industry or other authorized body/institution; a relevant act of a state authority or local government body introducing prohibitive or restrictive measures; an official notification of a state authority or local government body in the media about the occurrence of the relevant circumstances; other documents by agreement of the Parties.

10.4. In the event of the occurrence and effect of force majeure circumstances, the Party affected by them shall be obliged to take all appropriate and dependent measures for the proper and timely performance of its obligations under the Agreement and to make good faith efforts to minimize the potential adverse consequences of failure to perform its obligations under the Agreement due to force majeure.

10.5. In the event of the occurrence and effect of force majeure circumstances (force majeure), the Party affected by them shall be obliged to notify the other Party thereof by any means within 5 (five) calendar days from the date of the occurrence of the relevant circumstances, and in the absence of the possibility to provide such information - immediately from the moment such an opportunity arises. Failure to notify in accordance with clause 10.5 of the Agreement deprives the relevant Party of the right to refer to force majeure circumstances (force majeure) in the event of a dispute between the Parties.

10.6. In the event of force majeure circumstances, the term for the performance of the Parties' obligations under the Agreement shall be extended for the period during which such circumstances and their consequences continue. In cases where the force majeure circumstances continue for one or more months or when it becomes obvious that such circumstances will continue for the aforementioned period, either Party has the right to terminate this Agreement unilaterally.

 

11. TERM OF THE AGREEMENT AND TERMINATION OF THE AGREEMENT

11.1. This Agreement enters into force from the moment of Acceptance until the Parties fully fulfill their obligations under the Agreement.

11.2. The Agreement may be terminated early:

11.2.1. by agreement of the Parties;

11.2.2. in the event of unilateral refusal of a Party from the Agreement on the basis of non-fulfillment or improper fulfillment by the other Party of its obligations under the Agreement;

11.2.3. on other grounds provided for by the legislation of Ukraine and/or this Agreement.

11.3. In the event of early termination of the Agreement at the initiative of one of the Parties, which is not related to the failure or improper performance by the other Party of its obligations under the Agreement, the initiating Party shall reimburse the other Party for the costs incurred by it related to the performance of this Agreement.

 

12. CONFIDENTIALITY. PROTECTION OF PERSONAL DATA

12.1. Any information received by the Parties in connection with the performance of the Agreement is confidential and shall not be disclosed to third parties without the written consent of the other Party, except in cases that do not require the written consent of the other Party, namely, if such disclosure is carried out in accordance with this Agreement or is provided for by the legislation of Ukraine.

12.2. The Buyer's personal data is processed in accordance with the Law of Ukraine dated June 1, 2010 No. 2297-VI "On Personal Data Protection". By accepting this Agreement, the Buyer gives his consent to the collection and processing of personal data in accordance with this Law of Ukraine. The Buyer gives his unequivocal consent to the Seller to collect, process and transfer, in any way and by any means, all personal data of the Buyer that become known to the Seller in the process of concluding and fulfilling the terms of this Agreement. The consent to the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that he is informed (without additional notice) of the rights established by the legislation on personal data protection, of the purposes of data collection, and that his personal data is transferred to the Seller in order to be able to fulfill the terms of this Agreement, to be able to make mutual settlements, as well as to receive invoices and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer's Order. The extent of the Buyer's rights as a personal data subject in accordance with the legislation on personal data protection is known and understood by him.

12.3. The information provided by the Buyer is used to process the Order, as well as to provide the Buyer with the Seller's commercial offers. In order to provide the Buyer with information regarding the Products posted on the Site, the Seller may send informational messages to the Buyer's e-mail address specified during registration.

12.4. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

12.5. The Buyer is responsible for keeping his/her personal data up to date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the outdated or inaccurate information about the Buyer.

 

13. USE OF ELECTRONIC CATALOG MATERIALS

13.1. Electronic Catalog contain materials (including, but not limited to, original photographs, graphic images, logos, texts, etc.) that are objects of intellectual property rights.

13.2. The entire content of the Electronic Catalog is the intellectual property of the Seller and is protected in accordance with current legislation of Ukraine.

13.3. The Buyer has no right to use the materials posted in the Electronic Catalog in any way without obtaining the prior written consent of the Seller.

 

14. FINAL PROVISIONS

14.1. All legal relations arising from or related to this Agreement, including those related to the validity, conclusion, execution, amendment and termination of this Agreement, the interpretation of its terms, the determination of the consequences of the invalidity or violation of the Agreement, are regulated by this Agreement and the relevant norms of the legislation in force in Ukraine, as well as by the business practices applicable to such legal relations based on the principles of good faith, reasonableness and fairness.

14.2. In the event of the invalidity of a certain clause of this Agreement, all other clauses shall remain in force, and the Agreement shall continue in force, but without taking into account the clause whose validity has been invalidated.

 

15. ADDRESS AND DETAILS OF THE SELLER:

 

LIMITED LIABILITY COMPANY "HAISTER GIN" ("HAISTER GIN" LLC)

 

Ukraine, 79067, Lviv region, Lviv city, Poetychna str., building 17

EDRPOU code 44282607

VAT taxpayer code 442826013060

Bank details:

IBAN UA373204780000026009924906528

in JSB "UKRGASBANK"

MFO code 320478

Tel.: +380678856768

E-mail: hello@haistergin.com