Date of update (revision): 10/20/2021

This public offer, in accordance with Articles 633, 641, Chapter 63 of the Civil Code of Ukraine, is a proposal to conclude an Agreement, the essential conditions of which are set out below, according to which Limited Liability Company "ROMB PROMOTION" (EDRPOU code 44084844) addresses persons who have the intention use the "PMCLUB" Service.

By registering in the “PMCLUB” Application, the User accepts this public offer, unconditionally and unconditionally agrees with the conditions provided for by this Offer, and the obligations imposed on the User under this Offer, and undertakes to comply with them.

The User's acceptance of the Offer may also be evidenced by the payment of the cost of the Products in the manner specified in the “PMCLUB” Appendix. The cost of the Products (set by the Sellers) is determined at each Offer Acceptance for each order separately on the basis of the established prices, which the User has the right to familiarize with in the “PMCLUB” Application.

1. MAIN TERMS

1.1. Seller - a legal entity or individual entrepreneur registered in accordance with the Legislation of Ukraine, which offers to purchase and sell to Users through the mediation (assistance) of "PMCLUB" the Products specified in the Application "PMCLUB", subject to the terms of this Offer.

1.2. User - an individual who has reached 18 years of age, has full civil legal capacity and legal capacity, who is a user of the “PMCLUB” Application or placed an order through the “PMCLUB” Application and concludes a Purchase and Sale Agreement for Products with the Seller and an Agreement for it using the “PMCLUB” Application delivery to the User and / or payment for the Products (acceptance of the offer to conclude the following agreements).

1.3. "PMCLUB" - LLC "ROMB PROMOTION" (EDRPOU Code: 44084844), has the right on behalf and at the expense of the Seller to place in the Application "PMCLUB" the Seller's proposals to conclude a Product Sale and Purchase Agreement with the Seller and provide the opportunity for Users to pay and receive an order or products via the "PMCLUB" application. 1.4. The “PMCLUB” service is a software package that aims to create favorable conditions for the development of mutually beneficial relations between the Sellers and Users registered in the “PMCLUB” Application using the Internet.

1.5. Products - food and other processed and unprocessed food products, as well as other goods or services, information about which is published in the “PMCLUB” Application and is subject to sale by the Seller under the terms of this Offer.

1.6. The “PMCLUB” application is a mobile application with the names “PMCLUB”, PMClub, PMCLUB, “pmclub” and / or the site https://pmclub.ua/ on the Internet, which provide Users with ample opportunities to quickly and easily search, order the Goods or Products in real time via the Internet.

1.7. Order - an order duly executed and placed in the “PMCLUB” Application for the purchase of the Seller's Goods and Products.

2. SUBJECT OF THE CONTRACT

2.1. Under this agreement, PMCLUB provides services for providing Users with access to the PMCLUB Service through the PMCLUB Application and supporting its activities. Access to the “PMCLUB” Service for Users through the “PMCLUB” Application is provided free of charge. Using the functionality of the Application, the User can pay the Seller and the Courier for the cost of products and delivery.

2.2. The "PMCLUB" service allows the Seller to post information about his Goods and / or Products. At the same time, “PMCLUB” on behalf of the Sellers and from the agency agreements concluded with them offers the Users the opportunity to conclude a Sales and Purchase Agreement for the Goods and / or Products of the Seller placed in the “PMCLUB” Service by placing an order in the “PMCLUB” Application.

2.3. "PMCLUB" is not a Seller of the Goods and / or Products, including within the meaning of the Law of Ukraine "On Protection of Consumer Rights". Consequently, all claims regarding the sale of the Goods and / or Products, quality, quantity and other conditions of sale may be presented exclusively to the Seller of such Goods and / or Products.

2.4. "PMCLUB" does not provide services for the delivery of the Goods and / or Products. Consequently, all claims for the delivery of Products can be made exclusively to the relevant delivery services that delivered such Goods and / or Products.

2.5. "PMCLUB" is not a person who accepts and / or transfers and / or considers claims from Users related to the Goods and / or Products and the organization of delivery of the Goods and / or Products, as well as if the User has indicated an incorrect delivery address for the Goods and / or products.

2.6. "PMCLUB" does not refund the Users of funds for the Products after the payment by the Users.

2.7. Claims related to the Goods and / or Products and with questions of refund for the Goods and / or Products are considered by the Sellers of the relevant Goods and / or Products.

2.8. Prices for the Goods and / or Products are indicated in the Appendix including taxes and fees.

3. REGISTERING IN THE “PMCLUB” APP AND USING THE “PMCLUB” APP

3.1. To place orders and use the capabilities of the “PMCLUB” Service, the User must register in the “PMCLUB” Application (create an account). When filling out the registration form in the Application, the User agrees to the terms of this Offer by confirming the item "I accept the terms of the Agreement".

3.2. By filling out the registration form, the User agrees to provide accurate and reliable information about himself. If the User provides inaccurate information about himself, PMCLUB will have the right to refuse the User to place and accept his order and / or deny such person access to and / or registration in the PMCLUB Application.

3.3. "PMCLUB" provides the User with the ability to create a single personal account (profile). If the User creates more than one account, “PMCLUB” reserves the right to delete other accounts created by the User and / or deny the User access to the Application.

3.4. It is allowed to register in the “PMCLUB” Application of individuals who have reached the age of 18 and have full civil legal capacity and legal capacity. The user confirms that at the time of registration he was 18 years old and has full civil legal capacity and legal capacity. For certain types of Goods and Services, it is possible for a person to reach the age of 21.

3.5. The user is fully responsible for the security of his username and password, as well as for all actions performed under his account in the “PMCLUB” Application.

3.6. In the event that "PMCLUB" suspects the User of committing illegal actions, including: fraud with bank cards, spreading spam, malware, other acts that violate the terms of this Offer, "PMCLUB" has the right to apply to the relevant state authorities with a statement and / or block and / or delete the User's account.

3.7. By registering in the "PMCLUB" Application, the User grants "PMCLUB" full right (permission) to process his personal data in order to conclude civil agreements, provide and / or transfer personal data (including a phone number) to third parties in the manner and for grounds determined by the current legislation of Ukraine and internal documents of "PMCLUB", without the need to notify about such actions. In the event of a change in the specific purpose of processing personal data, the User does not object to the processing of his personal data, if such a need is determined by the current legislation of Ukraine and / or internal documents of PMCLUB, and also informs that he is familiar with the Law of Ukraine "On the Protection of Personal Data". In addition, the User confirms the fact of notification of the inclusion of his personal data in the corresponding database of personal data, the purpose of collecting data and the persons to whom his personal data is transferred.

3.8. The User, by registering in the “PMCLUB” Application, gives his consent to receive regular mailings with up-to-date information regarding the Goods and / or Products of the Sellers, promotions and bonus programs to his e-mail and / or via SMS and / or other push messages. The User confirms that the receipt by the User of information by e-mail and / or in the form of any SMS is not spam. The user has the right at any time to unsubscribe from the services of regular mailings by contacting the PMCLUB support service by phone or email PMCLUB specified in the Application. The basis for the termination of the User's access to regular mailing services is the User's application, drawn up in the form established by PMCLUB, which the User fills out and sends to PMCLUB's e-mail. The term for consideration of the User's application should not exceed 5 (five) business days from the date of receipt of the application by PMCLUB from the User.

3.9. The User independently selects the Goods and / or Products, information about which is posted in the Application, by creating an Order and is solely responsible for the type, quantity of the selected Goods and / or Products and the correctness of the specified delivery address for the Goods and / or Products.

3.10. By pressing the button “Proceed to payment” and “Order”, the User confirms the Order of the Goods and / or Products, confirms that he is familiar with and agrees with the terms of this Agreement, accepts (accepts) the offer to conclude a Sale and Purchase Agreement for the Goods and / or Products with the Seller on the terms specified in the "PMCLUB" Appendix.

3.11. The user has the right to delete his personal account (profile) at any time by accessing the appropriate menu in the “PMCLUB” Application.

3.12. When deleting a personal account (profile), the procedure for deleting the User's personal data is started. In this case, the removal of personal data can take up to 30 days.

4. RIGHTS AND OBLIGATIONS OF "PMCLUB"

4.1. Responsibilities of "PMCLUB"

4.1.1. Accept and process orders on behalf of the Seller, receive funds from the User, inform the User about changes in the status of the order;

4.1.2. not to post in the “PMCLUB” Application any information that violates the rights of third parties to the results of intellectual activity;

4.1.3. Accept funds on behalf of the Seller in payment for the Goods and Products; 4.1.4. Other obligations of "PMCLUB" provided for by this offer.

4.2. "PMCLUB" entitlement:

4.2.1. At its discretion, change, supplement or delete any information published within the “PMCLUB” Application, as well as video content and any elements and components of the Application, terminate, restrict or terminate the User's access to all or any of the sections of the Application at any time for any either for a reason or without explaining the reasons, including, but not exclusively, in case of violation by the Users of this Offer and / or the current legislation of Ukraine, among other things in the field of production and circulation of alcoholic beverages. 4.2.2. Change and / or supplement this Offer without special notice to the User. Changes / additions come into force from the moment they are posted (published) within the "PMCLUB" Application, unless otherwise expressly indicated by "PMCLUB";

4.2.3. Post comments on User reviews;

4.2.4. Conduct marketing activities, including by sending up-to-date information about the Goods and / or the Seller's Products, promotions and bonus programs to the User's e-mail and / or in the form of sms messages;

4.2.5. Involve any third parties in the provision of services in accordance with these Rules, while maintaining full responsibility to Users for the services provided through the “PMCLUB” Application.

4.2.6. Cancel the order in the following cases: a) if the User turns out to be a person under 18 years of age (confirmation of the User's age is carried out by any of the documents provided for by the Law of Ukraine "On the Unified Demographic Register" and documents confirming citizenship), in some cases, a person under the age of 21; b) if the order is made during the period when the state authorities and / or local authorities have established a ban on the sale and / or delivery of alcoholic beverages.

5. ORDER PROCEDURE

5.1. The user independently places an order on the corresponding page of the "PMCLUB" application, by adding the Goods and / or Products to the virtual cart by pressing a button and / or completing the order using the phone number specified in the "Contacts" section.

6. COST OF THE CONTRACT AND PAYMENT PROCEDURE

6.1. The cost of each individual Product and Product is determined by the Seller and indicated on the corresponding page of the Website. The cost of the Agreement is determined by compiling the cost of all selected Goods / Products moved to the virtual basket and the cost of delivery, which is determined depending on the delivery method specified in the appropriate section "PAYMENT AND DELIVERY".

6.2. The cost of an order may vary depending on the value, quantity or nomenclature of the Goods.

6.3. The cost of goods and / or products can be reduced due to the fact that the user has a discount from the "PMCLUB" application or participation in bonus programs.

6.4. The user can pay for the Goods in the following ways: - by bank transfer to the Seller's account. - by cash payment in case of targeted delivery. - by bank transfer to the Seller's account and / or in cash directly at the premises of the delivery service on the territory of Ukraine (except for the temporarily occupied territory of the Autonomous Republic of Crimea and the city of Sevastopol, certain areas of Donetsk and Lugansk regions and the ATO (OOS) zone). The user has the right to pay with the following credit cards: - Visa - Visa Electron - Mastercard - Mastercard Electronic - Maestro - In other ways, as agreed with the Seller. Note: when the User pays for the order with a payment card, it is possible to collect an additional commission by the issuer of this card. When you click in the “PMCLUB” application, in the corresponding section, the mark “Pay” means that the User is aware of the possible collection of an additional commission when paying and has no objection to such collection.

7. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION

7.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by the Agreement and the current legislation of Ukraine. 7.2. In the event of any disputes related to the execution of the Agreement by the Parties, the Parties undertake to resolve through negotiations in compliance with the claim procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt.

7.3. All disputes, disagreements or claims arising from or in connection with this Agreement, including those concerning its execution, violation, termination or invalidation, are subject to resolution in the appropriate court, in accordance with the substantive and procedural law of Ukraine.

7.4. Application “PMCLUB” - LLC “ROMB PROMOTION” does not bear any responsibility for the quality of the Goods and / or Products sold by the Sellers in the “PMCLUB” application. 7.5. The “PMCLUB” application is not responsible for technical failures that degrade the quality of use of the Application, caused by problems and malfunctions of the Internet.

8. FORCE MAJEURE CIRCUMSTANCES

8.1. The parties are not liable for failure to fulfill any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, that is, events or circumstances really beyond the control of such a party that occurred after the conclusion of this The contracts are unpredictable and inevitable. Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or unfavorable weather conditions, hazards and accidents at sea, embargoes, wrecks, restrictions, epidemics, pandemics imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the implementation of this Agreement.

8.2. The Party for which it became impossible to fulfill obligations under this Agreement due to the occurrence of force majeure must immediately inform the other Party in writing about the occurrence of the above circumstances, and also within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure circumstances.

8.3. The time required for the Parties to fulfill their obligations under this Agreement will be extended for any period during which the execution was postponed due to the listed circumstances.

8.4. If, due to force majeure circumstances, non-fulfillment of obligations under this Agreement continues for more than 3 (three) months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing. Despite the onset of force majeure, before the termination of this Agreement as a result of force majeure, the Parties make final settlements.

9. OTHER CONDITIONS OF THE CONTRACT

9.1. The information provided by the User is confidential. Information about the User is used exclusively within the scope of the Order (providing information to the order delivery service, sending advertising messages by the "PMCLUB" Application or its partners, etc.).

9.2. By his own acceptance of the Agreement or by registering in the “PMCLUB” Application (filling out the registration form), the User voluntarily, realizing his actions, agrees to the collection and processing of his own personal data for the following purposes: the data that became known to the Seller can be used for commercial purposes. Numbers for processing Orders and purchasing Goods and / or Services, receiving information about Orders, sending out advertising and special offers by telecommunication means (e-mail, mobile communications, other applications providing communication services), information about promotions, sweepstakes, loyalty programs or any other activities related to the "PMCLUB" application or its partners.

9.3. The User grants the right to process his personal data, including: to place and store the User's personal data in the database (without additional notification about it), to carry out an indefinite storage of the data of their accumulation, updates, change (if necessary). The "PMCLUB" Application, in turn, undertakes to protect data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the "PMCLUB" Application). To carry out direct data processing for the specified purposes, as well as to an official request from the competent state authorities).

9.4. In case of unwillingness to receive the newsletter (advertising information), the User has the right to refer to the appropriate section of the “PMCLUB” application and write a statement of refusal to receive advertising materials by sending it to the mailing address or email address specified in the “PMCLUB” application in the “Contacts ".

9.5. The "PMCLUB" application is not responsible for the content and accuracy of the information provided to the User when placing an order, the User is responsible for the accuracy of the specified information when placing an order.