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Public Offer Agreement

ENTUZIAST Online Store

By placing an order in the ENTUZIAST Online Store, the Buyer confirms that they have read, understood and accepted this Agreement in full.

By placing an order for alcoholic beverages, the Buyer also confirms that they have reached the age of 18.

1. GENERAL PROVISIONS

1.1. This Public Offer Agreement (hereinafter referred to as the Agreement) defines the terms and conditions for the retail sale of goods through the ENTUZIAST Online Store available on the Internet at https://entuziast.shop/en/, hereinafter referred to as the Online Store.

This Agreement constitutes a public offer in accordance with Articles 633, 641 and 642 of the Civil Code of Ukraine and is concluded electronically in accordance with the Law of Ukraine “On Electronic Commerce”.

1.2. ENTUZIAST is a trademark registered in Ukraine and used to identify the Online Store.

The ENTUZIAST trademark and the ENTUZIAST Online Store are not separate legal entities. The direct Seller of the goods is the legal entity specified in Clause 1.3 of this Agreement.

1.3. The Seller is:

Товариство з обмеженою відповідальністю «Торговий дім Ентузіаст»
EDRPOU code: 45219565
Tax identification number: 452195604232
Legal address: 51284, Дніпропетровська область, Самарівський район, с. Новоселівка, Осіння, будинок № 59Б
Licence for the retail sale of alcoholic beverages: registration number 04360318202500620, registration date: 24 July 2025
Telephone: +380935668382
Email: entuziast-td@ukr.net

hereinafter referred to as the Seller.

1.4. The Buyer is a legally capable individual who has reached the age of 18 and has placed an order in the Online Store, hereinafter referred to as the Buyer.

1.5. The terms of this Agreement are the same for all Buyers, except where Ukrainian law permits particular benefits or special conditions for certain categories of persons.

1.6. The Buyer accepts this offer by placing an order in the Online Store. From the moment the order is placed, the Agreement is deemed concluded between the Seller and the Buyer under the terms set out in this Agreement.

1.7. By placing an order, the Buyer confirms that, before concluding the Agreement, they had the opportunity to review its terms, information about the Seller and the goods, prices, payment and delivery methods, and other information published in the Online Store.

2. SUBJECT OF THE AGREEMENT

2.1. The Seller undertakes to transfer ownership of the alcoholic beverages specified in the Buyer’s order to the Buyer, and the Buyer undertakes to accept and pay for those goods under the terms of this Agreement.

2.2. The name, price and available characteristics of each product are provided on the relevant product page in the Online Store. The final contents of an order are determined by the order placed by the Buyer.

2.3. The Buyer independently selects goods from the range presented in the Online Store and forms their order.

3. AGE RESTRICTIONS

3.1. The sale of alcoholic beverages to persons under the age of 18 is prohibited.

3.2. By placing an order for alcoholic beverages, the Buyer confirms that they have reached the age of 18.

3.3. When receiving the order, the Buyer must, upon request, present a passport or another document confirming their age.

3.4. If the Buyer refuses to present such a document or the Buyer’s age cannot be confirmed, the alcoholic beverages shall not be handed over to the Buyer.

4. ORDERING PROCEDURE

4.1. An order is placed by the Buyer independently through the Online Store or through the Seller’s manager.

4.2. To place and fulfil an order, the Buyer provides the information required to process, pay for and deliver the order.

4.3. The Buyer is responsible for the accuracy and completeness of the information provided when placing the order.

4.4. After the order has been placed, the Seller confirms it by email or telephone.

4.5. The Seller may refuse to fulfil an order in the following cases:

  • the ordered goods are unavailable;
  • the information required to fulfil the order is incorrect or incomplete;
  • the Seller is unable to contact the Buyer when such contact is required to confirm or fulfil the order;
  • the Buyer’s age of 18 or older cannot be confirmed.

5. PRICE, PAYMENT AND DELIVERY

5.1. The price of each product is stated in Ukrainian hryvnias in the Online Store. The total price of the goods included in the order is displayed during checkout.

5.2. The Seller may change product prices before the Buyer places an order. The price of a product included in an order that has already been placed shall not be changed.

5.3. The Online Store provides the following payment methods:

  • online payment by bank card through the WayForPay payment service;
  • payment on delivery when receiving the order.

The payment methods available for a particular order are displayed during checkout.

5.4. For online payments, the Buyer’s payment obligation is deemed fulfilled after the payment service confirms that the payment was successful. For payment on delivery, the Buyer’s payment obligation is fulfilled when the order is received.

5.5. Delivery is carried out by Nova Poshta throughout Ukraine, except for temporarily occupied territories, to settlements and addresses that are actually served by the carrier.

Delivery availability for a particular address is determined during checkout, subject to the carrier’s current restrictions.

The delivery charge is determined according to the carrier’s tariffs and is paid by the Buyer, unless otherwise expressly stated during checkout.

5.6. The retail sale of alcoholic beverages through the Online Store is carried out by the Seller under the licence specified in this Agreement.

5.7. Alcoholic beverages are handed over exclusively to persons who have reached the age of 18.

5.8. Ownership of the goods and the risks associated with the goods pass from the Seller to the Buyer when the goods are physically handed over to the Buyer.

6. RETURNS, EXCHANGES AND REFUNDS

6.1. Alcoholic beverages of proper quality cannot be exchanged or returned.

The legal basis for this restriction is the List of goods of proper quality that cannot be exchanged or returned, approved by Resolution No. 172 of the Cabinet of Ministers of Ukraine dated 19 March 1994, which includes food products.

6.2. Under the Law of Ukraine “On the Basic Principles and Requirements for Food Safety and Quality” No. 771/97-VR, food products include beverages. Alcoholic beverages therefore constitute food products.

If an alcoholic beverage is of proper quality, corresponds to the order and has no defects, it cannot be returned or exchanged for reasons unrelated to the quality of the product.

This restriction is established by Ukrainian law and is not a separate restriction introduced by the ENTUZIAST Online Store.

6.3. The restriction applicable to the return of goods of proper quality does not deprive the Buyer of their rights if they receive an unfit food product or a product that does not correspond to the order.

Under Part 8 of Article 8 of the Law of Ukraine “On Consumer Rights Protection” No. 1023-XII, if a consumer purchases an unfit food product, the Seller must:

  • replace it with a food product that is fit for consumption; or
  • refund the amount paid for that product.

6.4. Claims concerning the improper quality of goods or a discrepancy between the received goods and the order shall be reviewed according to the circumstances of the claim and the requirements of applicable Ukrainian law.

6.5. To request a return, replacement or refund, the Buyer may contact the Seller:

Telephone: +380935668382
Email: entuziast-td@ukr.net

6.6. If the improper quality of the product is confirmed, the Buyer may request a replacement or a refund of the amount paid for the product in accordance with applicable Ukrainian law.

6.7. The return or replacement of a product whose improper quality has been confirmed shall be carried out at the Seller’s expense.

6.8. The Seller refunds the payment to the Buyer on the day the Agreement is terminated. If the payment cannot be refunded that day, the Seller agrees a refund date with the Buyer — no later than 7 calendar days from the date the Agreement is terminated.

7. LIABILITY OF THE PARTIES

7.1. The Parties are liable for a failure to perform or improper performance of this Agreement in accordance with this Agreement and applicable Ukrainian law.

7.2. The Seller is not liable for the Buyer’s actions involving the goods after the goods have been properly handed over to the Buyer, provided that those actions or their consequences are unrelated to improper product quality or a breach of the Seller’s obligations.

7.3. The Buyer is responsible for the accuracy of the information provided when placing the order, including information concerning the Buyer’s age.

7.4. The Parties shall attempt to resolve any disputes or disagreements arising in connection with this Agreement through negotiations.

7.5. If the Parties fail to reach an agreement, the dispute shall be resolved in accordance with the procedure established by Ukrainian law.

8. TERM OF THE AGREEMENT

8.1. This Agreement enters into force when it is accepted by the Buyer. The Buyer’s placement of an order constitutes acceptance of this public offer and the conclusion of the Agreement between the Seller and the Buyer.

8.2. The Agreement relating to a particular order remains in force until the Parties have fully performed their obligations.

8.3. The Agreement may be terminated early by mutual agreement of the Parties or on other grounds provided by Ukrainian law.

9. PRIVACY AND PERSONAL DATA PROTECTION

9.1. When placing an order, the Buyer provides the Seller with personal data required to conclude and perform this Agreement.

Personal data is processed in accordance with the Law of Ukraine “On Personal Data Protection” and the Online Store’s Privacy Policy.

9.2. Personal data may be processed to the extent necessary for:

  • placing and fulfilling an order;
  • communicating with the Buyer;
  • arranging payment and delivery;
  • providing customer service;
  • accounting and tax compliance;
  • complying with other requirements of Ukrainian law;
  • ensuring the operation of the Online Store.

9.3. The Seller shall not disclose personal data received from the Buyer except where such disclosure is required by law or necessary to perform this Agreement.

9.4. The transfer of necessary information to carriers, payment services and other persons involved in fulfilling the order shall not be considered a breach, provided that the information is transferred only to the extent necessary to perform the relevant operations.

9.5. The Buyer has the rights concerning their personal data established by Ukrainian law and may contact the Seller using the contact details specified in this Agreement.

9.6. The Seller may send the Buyer messages required to place and fulfil the order.

9.7. Advertising and other commercial messages shall only be sent if the Buyer has provided the appropriate consent. The Buyer may withdraw their consent to receive such messages.

10. TRADEMARK AND ONLINE STORE MATERIALS

10.1. ENTUZIAST is a trademark registered in Ukraine and protected in accordance with Ukrainian law.

10.2. The Online Store may contain trademarks, trade names, texts, photographs, graphic images and other intellectual property.

10.3. Materials published in the Online Store belong to their respective rights holders or are used on lawful grounds.

10.4. Any use of the ENTUZIAST trademark or other Online Store materials that infringes the rights of their lawful rights holders is prohibited.

11. OTHER TERMS

11.1. By placing an order in the Online Store, the Buyer confirms that they have reviewed and accepted the terms of this Agreement.

11.2. The date on which the Agreement is concluded is the date on which the Buyer places the relevant order.

11.3. The Seller may amend this Agreement by publishing an updated version in the Online Store. The current version of the Agreement is available at https://entuziast.shop/en/terms.html.

11.4. An order is governed by the version of the Agreement that was in effect when that order was placed.

11.5. The absence of a separate paper copy of the Agreement bearing handwritten signatures of the Parties shall not constitute grounds for treating the Agreement as unconcluded if the Buyer accepted it in the manner established by this Agreement.

11.6. Legal relations between the Seller and the Buyer that are not regulated by this Agreement shall be governed by applicable Ukrainian law.

12. SELLER DETAILS

Товариство з обмеженою відповідальністю «Торговий дім Ентузіаст»
EDRPOU code: 45219565
Tax identification number: 452195604232
Legal address: 51284, Дніпропетровська область, Самарівський район, с. Новоселівка, Осіння, будинок № 59Б
Current account: UA073052990000026001050595341
Bank: АТ КБ «ПриватБанк», м. Київ
MFO: 305299
Licence for the retail sale of alcoholic beverages: registration number 04360318202500620, registration date: 24 July 2025
Telephone: +380935668382
Email: entuziast-td@ukr.net