Public offer agreement
GENERAL PROVISIONS
1.1. Public Offer – a public proposal made by the Seller, addressed to an indefinite number of persons, to enter into a purchase and sale agreement for goods by remote means through the online store on the website: https://damirli.com/uk-ua under the terms contained in this Offer.
1.2. Goods or Services – the object of the parties' agreement, selected by the Buyer on the online store's website and placed in the shopping cart, or already purchased by the Buyer from the Seller through remote means.
1.3. Online Store – the Seller's website at https://damirli.com/uk-ua , created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer's review of the Goods' description offered by the Seller through the Internet.
1.4. Buyer – any competent individual who, following this Agreement, has voluntarily fully accepted (agreed to) all its terms without exception.
1.5. Seller – individual entrepreneur FOP Nasalska K.V. (3539710869), whose registered address is: 20300, Ukraine, Cherkasy region, Uman district, Uman city, Malofontanna Street, building 52.
The Seller's name is specified in the product card on the website and in the documents for the transfer of Goods to the Buyer.
1.6. All other terms not specifically defined in this Agreement are interpreted in their literal grammatical sense, based on the provisions of the current legislation of Ukraine, business customs, as well as the purpose and subject matter of this Agreement.
CONCEPTS AND DEFINITIONS
2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings: “Goods” - clothing, accessories, components, and related items; “Online store” - following the Law of Ukraine “On Electronic Commerce,” a means for presenting or selling a product, work, or service through an electronic transaction. "Seller" - a company that sells products presented on the website. “Buyer” - an individual who has concluded an agreement with the Seller under the conditions set forth below. “Order” - the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
THE SUBJECT OF THE CONTRACT
3.1. The Seller undertakes to transfer the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods under the terms of this Agreement.
This Agreement governs the sale of goods in the online store, including:
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voluntary selection of goods by the Buyer in the online store;
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independent registration of orders by the Buyer in the online store;
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payment by the Buyer for the order placed in the online store;
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processing and delivery of the order to the Buyer under this Agreement.
ORDERING PROCEDURE
4.1. The Buyer has the right to place an order for any product presented on the website of the online store and available in stock.
4.2. Each item can be included in the order in any quantity.
4.3. In the absence of goods in stock, the Company Manager is obliged to inform the Buyer (by phone or email).
4.4. If the goods are unavailable, the Buyer has the right to replace them with goods of a similar model.
4.5. Orders are placed by the Buyer by adding goods to the "Cart."
4.6. An order is deemed to be properly executed if:
4.6.1. The client has filled out all the form fields, allowing them to be identified and contacted:
4.6.1.1. Personal name;
4.6.1.2. Delivery address;
4.6.1.3. Contact number;
4.6.1.4. Email address;
4.6.1.5. Desired payment method (payment options are listed in clause 5.1.);
4.6.1.6. Desired delivery type.
ORDER ACCEPTANCE BY damirli.com/uk-ua ONLINE STORE
5.1. The manager of Demirli receives the order, the online store checks for goods availability, and if the order meets paragraph 4.6. of this Agreement, accepts the order and contacts the client to confirm the details.
5.2. From the moment the order is accepted by damirli.com/uk-ua, the client has the right to cancel the order or make changes to it (delete/add goods to the order, change product characteristics (color, size, quantity, etc.). After invoice payment, items in the order cannot be changed.
ORDER FORMATION
6.1. damirli.com/uk-ua staff process orders. Orders with the “PROCESSED” status, formed and confirmed before 14:00, are sent on the same day. If an order is placed on a weekend or holiday, dispatch is deferred to the first business day following the order placement. The sending city is Kyiv.
6.2. In the absence of any product in the damirli.com/uk-ua store, an employee checks availability in the entire network and coordinates a transfer with the customer if available elsewhere. If the item is unavailable in the network, the damirli.com/uk-ua manager may offer an alternative product. The suggested item is added to the order with the client's consent.
6.3. Upon completion of order formation on damirli.com/uk-ua, the client receives an order status update and selected payment method details via email.
ORDER PAYMENT PROCEDURE
7.1. Payment options for orders include:
7.1.1. Payment upon receipt (cash on delivery) at any Nova Poshta branch;
7.1.2. Online card payment;
7.1.3. Payment via the liqpay system;
7.1.4. Cash payment if picked up directly.
Attention! The buyer pays the shipping fee with the Nova Poshta carrier service. A cash-on-delivery transfer costs 20 UAH + 2% of the amount (fees set by Nova Poshta). When paying for an order with a Visa or MasterCard on the website through liqpay, the transaction is secure and only the cost of goods is charged, without any online payment fees.
ORDER DELIVERY TERMS
8.1. The Nova Poshta delivery service carries out the delivery of goods throughout the territory of Ukraine.
8.2. The Ukrposhta delivery service carries out the delivery of goods outside Ukraine. WE DO NOT DELIVER TO RUSSIA AND BELARUS.
8.3. The online store warehouse damirli.com/uk-ua is considered to have fulfilled its duty to deliver the order at the time of transfer to the delivery service. The client bears the risk of loss or damage to the goods after they are transferred to the delivery service.
8.4. Free delivery is available within Ukraine if the ordered goods are purchased at full retail price, meaning no discount is applied to the cost of goods. Personal discount conditions apply. Attention! In cases where promotional offers of 5% or more are valid, delivery is charged to the buyer at the carrier company’s rates.
8.5. Free delivery does not apply to categories: accessories, toys, promotions, and charity events.
8.6. Separate deliveries of each item from one order are also paid separately.
8.7. The buyer is also responsible for any money transfer fees associated with purchased goods, including “cash on delivery” through the carrier company. To avoid additional commissions when paying for an order, we recommend secure payment directly on the site through the electronic payment system Interkassa (some banks may charge additional fees).
8.8. Orders within Ukraine are dispatched within 1-3 business days from the receipt of the order. This time frame depends on product availability in the online store's warehouse and the retail network in Kyiv.
RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1. The seller has the right to:
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unilaterally terminate service provision under this agreement if the Buyer violates its terms.
9.2. The buyer must:
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pay for and receive the order as per the terms of this agreement.
9.3. The buyer has the right to:
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place an order in the online store;
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create an electronic contract;
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request fulfillment of this Agreement’s terms by the seller.
RESPONSIBILITY OF THE PARTIES
10.1. The parties are responsible for non-compliance or improper fulfillment of this agreement as per the current legislation of Ukraine.
10.2. The seller is not responsible for:
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any changes to the product's appearance made by the manufacturer;
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slight color discrepancies, which may differ from the original product due to color rendering on different computer monitors;
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the accuracy of information provided by the Buyer during order placement;
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delays or interruptions in service (order processing and delivery) beyond its control;
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illegal acts by the Buyer while accessing the Internet;
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any transfer by the Buyer of network identifiers (IP, MAC address, login, and password) to third parties.
10.3. The buyer is independently liable for harm caused by their actions (or those of another person using their login) to individuals, legal entities, the state, or moral principles.
10.4. In the event of force majeure, both parties are exempt from fulfilling the terms of this agreement. Force majeure includes extraordinary, unforeseen events that prevent the agreement's fulfillment and that the Parties could not have reasonably foreseen or avoided.
10.5. The parties make every effort to resolve any disputes exclusively through negotiation.
OTHER CONDITIONS
11.1. The online store reserves the right to unilaterally amend this agreement, provided it is published on the website https://damirli.com/uk-ua/.
11.2. The online store was created to enable the remote sale of goods via the Internet.
11.3. The buyer is responsible for the accuracy of information provided during order placement. By accepting (placing an order and paying for goods), the Buyer consents to the Seller collecting, processing, storing, and using their personal data per the Law of Ukraine "On Protection of Personal Data".
11.4. Payment for the order placed in the online store constitutes full acceptance of the terms of this public offer agreement.
11.5. The electronic agreement date between the parties is the date of acceptance as per Art. 11 of the Law of Ukraine "On Electronic Commerce".
11.6. Using the online store's resources to view products or place orders is free for the Buyer.
11.7. Information provided by the Buyer is confidential. The online store uses this information solely for order processing, communication, delivery, settlements, etc.
RETURN POLICY
12.1. Returns are only accepted at the same address where the purchase was made.
12.2. Good quality goods ordered on damirli.com/uk-ua that do not fit for any reason (style, size, color) are eligible for return or exchange within 14 days from the purchase date, provided:
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there are no signs of wear or use;
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presentation and consumer properties are preserved;
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the original packaging and labels are intact.
Return/exchange shipping costs are borne by the buyer.
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Exception: manufacturing defects or mismatch (incorrect size, color, or article). In this case, the return cost is covered by us. Items of inadequate quality (with damaged or altered labels) ordered on damirli.com/uk-ua cannot be returned or exchanged.
RETURN PROCESS
12.3.1. Complete the return form (provided by the manager on request via messenger or email).
12.3.2. Send the goods and completed form to the specified address.
12.3.3. Receive a refund to a bank card or cash if purchased on a pick-up basis.
Refunds are processed within 7 business days after receipt by the online store manager.
PRODUCT EXCHANGE PROCESS
12.4.1. Complete the exchange form (provided by the manager on request via messenger or email).
12.4.2. Send the goods and completed form to the specified address.
12.4.3. Contact the manager to reserve goods for the exchange. The exchange request is processed after receipt and inspection by the online store manager.
Return Addresses
Returns are accepted only (!) via Nova Poshta courier service to the following address: 31a Shota Rustaveli Street.
If the item was purchased via self-pickup, contact the online store manager at damirli.com/uk-ua to arrange the return.
Notify the online store manager of the TTN number (bill of lading) by calling +38073 000 6400 after sending the return.
12.5. Items not eligible for exchange or return:
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children’s toys (soft, rubber, inflatable);
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hosiery.
The complete list of non-returnable items and the Law of Ukraine "On Protection of Consumer Rights" is available at: https://zakon.rada.gov.ua/laws/show/1023-12
If items cannot be exchanged or returned, they are sent back at the buyer's expense. If the conditions specified in this paragraph are not met, damirli.com/uk-ua reserves the right to deny claims related to shortages or defects.
CONTRACT TIME
13.1. An electronic contract is deemed concluded when the person who sent the proposal receives an acceptance response per part six of Article 11 of the Law of Ukraine "On Electronic Commerce".
13.2. This Agreement may be terminated by mutual consent of the parties before payment. After payment, the agreement cannot be terminated.
13.3. The parties may unilaterally terminate this agreement if one party fails to comply with its terms or in cases provided by Ukrainian law.
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