1.1. This offer is an official offer of the online store “damirli.com”, hereinafter referred to as the “Seller”, to conclude a contract for the sale of goods remotely, that is, through the online store, hereinafter referred to as the “Agreement”, and places a public offer (offer) for the official website of the Seller "https://damirli.com/ (hereinafter - the "Website").
1.2. Pressing the Buy button in the website on the Shopping Cart page means that the buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current Ukrainian legislation, accepted the terms of the public offer agreement specified below.
1.3. The public offer agreement is public, that is, according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur). With the full agreement with this Agreement, the buyer accepts the conditions and procedure for placing an order, payment for goods, delivery of goods, responsibility for an unfair order and for failure to comply with the terms of this agreement.
1.4. The contract is considered concluded from the moment you click the Buy button on the checkout page and confirm its purchase. If necessary, at the request of the buyer, the contract can be drawn up in the simple written form.
1.5. Online store damirli.com sells and delivers goods throughout Ukraine. Attention! Due to the situation in the country, delivery to the Crimea, as well as to some cities and towns of Lugansk and Donetsk regions is not possible!
1.6. Online store damirli.com sells goods at retail. The procedure for the return of goods is carried out in accordance with the law of Ukraine "On Protection of Consumer Rights".
1.7. By placing an order on the site, the client unconditionally agrees to follow the terms of this Agreement and confirms that he is familiar with them.
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” - in accordance with 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 on 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 and accept the goods under the terms of this Agreement.
This Agreement governs the sale of goods in the online store, including:
- voluntary selection by the Buyer of goods in the online store;
- independent registration by the Buyer of order in the online store;
- payment by the Buyer of the order placed in the online store;
- processing and delivery of the order to the Buyer in the ownership of the terms of this Agreement.
4.1. The buyer has the right to place an order for any product presented on the website of the online store and available.
4.2. Each item can be represented in the order in any quantity.
4.3. In the absence of goods in the warehouse, the Company Manager is obliged to inform the Buyer (by phone or e-mail).
4.4. In the absence of goods, the Buyer has the right to replace it with goods of a similar model.
4.5. Ordering is carried out by the Buyer by adding goods to the "Cart".
4.6. An order is deemed to have been duly executed if:
4.6.1. the client has filled in all the fields of the form, allowing to identify the client and contact him:
220.127.116.11. Personal name/name;
18.104.22.168. delivery address;
22.214.171.124. contact number;
126.96.36.199. Email address
188.8.131.52. desired payment procedure (payment methods are listed in clause 5.1.)
184.108.40.206. desired type of delivery of goods.
ACCEPTANCE OF THE ORDER BY THE ONLINE STORE gasanova.shop
5.1. The manager of the online store gasanova.shop, upon receipt of the order, checks the availability of goods and, if the order is placed in accordance with paragraph 4.6. of this Agreement, accepts orders and contacts the client to confirm the details.
5.2. From the moment the order is accepted by the gasanova.shop online store, the client has the right to refuse the order or make changes to the order (delete/add goods to the order, change the characteristics of the goods (colour, size, quantity, etc.). After payment of the invoice, the removal of goods by order not allowed.
6.1. Employees of the online store damirli.com form an order. Orders with the status “PROCESSED”, formed and confirmed before 14-00, are sent on the same day. In the event that you placed an order on a weekend or holiday, its dispatch is shifted to the first business day following the day of placing the order. Sender's city - Kyiv.
6.2. In the absence of any product in the online store damirli.com, the employee checks the availability of the entire network and draws up an internal movement after agreeing on the terms with the customer. If the product is not available throughout the network, the manager of the online store damirli.com can offer the client to replace the missing product with any other product. With the consent of the client, another offered item is added to the order.
6.3. At the end of the formation of the order on the website of the online store damirli.com, the client receives a message about the status of the order and the selected payment method by e-mail specified at checkout.
ORDER PAYMENT PROCEDURE
7.1. Payment for the order is carried out in the following ways:
7.1.1. Payment upon receipt (cash on delivery) at any branch of Nova Poshta
7.1.2. Pay by card online
7.1.3. Payment via liqpay system
7.1.4. Cash payment in case of pickup.
Attention! The fee for sending funds using the services of the carrier company Nova Poshta is paid by the buyer. The cost of transferring cash on delivery is 20 UAH + 2% of the amount (the amount of the fee is set by the Nova Poshta tariffs). When paying for an order with a Visa or MasterCard on the site immediately after placing the order through the liqpay system, payment takes place directly on the site’s page and is protected by security certificates. You pay only the cost of goods, the commission when paying online is not charged.
RIGHTS AND OBLIGATIONS OF THE PARTIES:
8.1. The seller has the right:
- unilaterally terminate the provision of services under this agreement in case the Buyer violates the terms of this agreement.
8.2. The buyer must:
- timely pay and receive the order on the terms of this agreement.
8.3. The buyer has the right:
- place an order in the online store;
- draw up an electronic contract;
- require the seller to fulfil the terms of this Agreement.
RESPONSIBILITY OF THE PARTIES
9.1. The parties are responsible for non-compliance or improper fulfilment of the terms of this agreement in the manner prescribed by this agreement and the current legislation of Ukraine.
9.2. The seller is not responsible for:
- the appearance of the Goods changed by the manufacturer;
- for a slight discrepancy in the colour gamut of the product, which may differ from the original product solely due to the different colour rendering of individual computer monitors of certain models;
- for the content and accuracy of the information provided by the Buyer when placing the order;
- for delays and interruptions in the provision of services (order processing and delivery of goods) that occur for reasons beyond the scope of its control;
- for unlawful illegal acts committed by the Buyer using this access to the Internet;
- for the transfer by the Buyer of its network identifiers - IP, MAC address, login and password to third parties;
9.3. The buyer, using the Internet access granted to him, is independently liable for harm caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles.
9.4. In the event of force majeure circumstances, the parties are exempted from fulfilling the terms of this agreement. Force majeure for the purposes of this agreement means events of an extraordinary, unforeseen nature that exclude or objectively impede the implementation of this agreement, the occurrence of which the Parties could not have foreseen and prevented in reasonable ways.
9.5. The parties make every effort to resolve any differences exclusively through negotiations.
10.1. The online store reserves the right to unilaterally amend this agreement provided that it is published on the website https://damirli.com/.
10.2. The online store was created to organize a remote way of selling goods via the Internet.
10.3. The buyer is responsible for the accuracy of the information specified when placing the order. At the same time, when making an acceptance (placing an order and subsequent payment for the goods), the Buyer provides the Seller with his unconditional consent to the collection, processing, storage, use of his personal data, in the understanding of the Law of Ukraine "On Protection of Personal Data".
10.4. Payment by the Buyer of the order placed in the online store means the Buyer's full agreement with the terms of the contract of sale (public offer)
10.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce"
10.6. Using the resource of the online store to view the product, as well as to place an order for the Buyer is free.
10.7. The information provided by the Buyer is confidential. The online store uses information about the Buyers solely for the purpose of processing the order, sending messages to the Buyer, delivering goods, making settlements, etc.
11.1. An electronic contract shall be deemed concluded upon receipt by the person who sent the proposal to conclude such an agreement of a response to the acceptance of this proposal in the manner determined by part six of Article 11 of the Law of Ukraine "On Electronic Commerce".
11.2. Until the expiration of this Agreement may be terminated by mutual agreement of the parties until the payment of the goods, after payment, the agreement cannot be terminated.
11.3. The parties have the right to terminate this agreement unilaterally if one of the parties does not comply with the terms of this Agreement and in cases provided for by the current legislation of Ukraine.