Public Offer Agreement
General Provisions
1.1. This offer is an official offer of the online store dforiginal.ua, represented by Sole Proprietor Anton Evgenovich Danilov, hereinafter referred to as the “Seller”, to enter into the Sales and Purchase Agreement remotely, i.e. through the online store, hereinafter referred to as the “Agreement”, and place the Public Offer (Offer) on the Seller’s official website https://dforiginal.ua (hereinafter referred to as the “Website”).
1.2. The time of full and unconditional acceptance by the Buyer of the Seller’s offer (acceptance) to enter into an electronic sales and purchase agreement shall be the time of payment for the order by the Buyer on the terms of this Agreement, within the term and at prices indicated on the Seller’s Website.
Terms and Definitions
2.1. In this offer, unless the context requires otherwise, the following terms shall have the following meanings:
* “Goods” - clothing and accessories provided on the Website;
* “Online Store” – according to the Law of Ukraine On Electronic Commerce, a facility presenting or selling the Goods, works or services through an electronic transaction.
* “Seller” – a company selling the Goods presented on the Website.
* “Buyer” - an individual who has concluded the Agreement with the Seller on the terms set forth below.
* “Order” – the selection of particular items from the list of the Goods specified by the Buyer when placing an order and making payment.
Subject of the Agreement
3.1. The Seller undertakes to transfer the Goods into the Buyer’s ownership, and the Buyer undertakes to pay and accept the Goods under the terms of this Agreement.
This Agreement shall govern sales and purchase of the Goods in the Online Store, in particular:
- voluntary selection of the Goods by the Buyer in the Online Store;
- independent registration of the Order by the Buyer in the Online Store;
- payment of the Order placed in the Online Store by the Buyer;
- processing and delivery of the Order into the Buyer’s ownership under the terms of this Agreement.
Ordering Procedure
4.1. The Buyer has the right to place the Order for any available Goods presented on the Website of the Online Store.
4.2. The full cost of the Goods shall be indicated on the pages of the Online Store of the Seller.
4.3. Each item may be represented in the Order in any quantity.
4.4. In the absence of the Goods at the warehouse, the Company’s Manager shall inform the Buyer (by phone or e-mail).
4.5. In the absence of the Goods, the Buyer has the right to replace them with the Goods of a similar model, refuse the Goods, and cancel the Order.
Payment Procedure
5.1. The Buyer shall pay for the Order using a bank card through the Liqpay payment service or by cash on delivery.
5.2. Upon payment and receipt of positive response (confirmation) about payment from the Bank server, a page with the relevant information is displayed on the screen.
5.3. Payment by cash on delivery shall be made upon receipt of the Goods at the shipping company’s office on a cash basis in UAH. Payment must be received within five calendar days upon arrival of the Order at the shipping company’s office. Otherwise, the Order is automatically returned to the Seller.
5.4. If funds are not received, the Online Store reserves the right to cancel the Order.
Order Delivery Terms
6.1. The Goods purchased in the Online Store shall be delivered to the warehouses of shipping companies, where the Orders are issued.
6.2. Along with the Order, the Buyer shall be provided with documents in accordance with the law of Ukraine.
Rights and Obligations of the Parties:
7.1. The Seller shall have the right to:
- unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
7.2. The Buyer shall be obliged to:
- timely pay and receive the Order on the terms of this Agreement.
7.3. The Buyer shall have the right to:
- place the Order in the Online Store;
- draw up an electronic agreement;
- require the Seller to fulfill the terms of this Agreement.
Liabilities of the Parties
8.1. The Parties shall be liable for failure to fulfill or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the applicable law of Ukraine.
8.2. The Seller shall not be liable for:
- changes in the appearance of the Goods made by the manufacturer;
- slight discrepancy in the color range of the Goods, which may differ from the original Goods solely due to the different color rendering of PC monitors of particular models;
- the contents and accuracy of the information provided by the Buyer when placing the Order;
- delays and interruptions in the provision of services (order processing and delivery of the Goods) that occur due to the reasons beyond control;
- unlawful actions of the Buyer using this access to the Internet;
- transfer by the Buyer of network identifiers – IP, MAC address, login and password to third parties.
8.3. The Buyer, using the Internet access granted to him, shall bear sole liability for harm caused by his actions (personally, even if another person entered his login) to persons or their property, legal entities, the state or moral principles.
8.4. In the event of force majeure circumstances, the Parties shall be exempted from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure means events of an extraordinary, unforeseen nature that exclude or objectively impede the execution of this Agreement, which could not be foreseen and prevented by the Parties in reasonable way.
8.5. The Parties shall make every effort to resolve any differences solely through negotiations.
Miscellaneous
9.1. The Online Store reserves the right to unilaterally amend this Agreement subject to prior publication of the Agreement on its Website https://dforiginal.ua.
9.2. The Online Store was created to organize remote sales of the Goods on the Internet.
9.3. The Buyer shall be liable for the accuracy of the information specified when placing the Order. At the same time, when making an acceptance (placing the Order and subsequent payment for the Goods), the Buyer shall provide the Seller with his unconditional consent to the collection, processing, storage, use of his personal data, within the meaning of the Law of Ukraine On Protection of Personal Data.
9.4. Payment by the Buyer of the Order placed in the Online Store means the Buyer’s full consent to the terms of sales and purchase agreement (public offer).
9.5. The actual date of electronic agreement between the Parties shall be the date of acceptance of the terms, in accordance with Article 11 of the Law of Ukraine On Electronic Commerce.
9.6. Using the resource of the Online Store to preview the Goods, as well as to place the Order for the Buyer is free.
9.7. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for the purpose of processing the Order, sending notifications to the Buyer, delivering the Goods, making mutual settlements, etc.
Return of the Goods of Proper Quality
10.1. Return of the Goods to the Online Store shall be made in accordance with the applicable law of Ukraine.
10.2. Return of the Goods to the Online Store shall be made at the Buyer’s expense.
10.3. When the Buyer returns the Goods of proper quality, the Online Store shall return an amount paid for the Goods upon return of the Goods, less compensation for costs of the Online Store associated with the delivery of the Goods to the Buyer.
Term of the Agreement
11.1. An electronic agreement shall be deemed concluded upon receipt by a person who sent the proposal to conclude such agreement of a response about acceptance of this proposal in the manner specified in part six of Article 11 of the Law of Ukraine On Electronic Commerce.
11.2. Prior to expiration date, this Agreement may be terminated by mutual agreement of the Parties until actual delivery of the Goods, by way of refund.
11.3. The Parties shall have the right to terminate this Agreement unilaterally, if one of the Parties fails to comply with the terms of this Agreement and in cases provided for by the applicable law of Ukraine.
Please note that the Online Store dforiginal.ua on the official Website https://dforiginal.ua has the right, in accordance with the law of Ukraine, to provide the right to use the online platform to Sole Proprietors and legal entities for sale of the Goods.
Details of the Parties
Seller: Sole Proprietor Anton Evgenovich Danilov
Individual taxpayer number: 2933218951
Kharkiv region, Kharkiv city, Profesorska street, building 34, apartment 24
PRIVACY POLICY
Please kindly contact our customer service to get additional information.
This privacy policy provides insight into the ways in which personal information collected through the website is being used. Term “personal information” implies your identity information such as name, phone number and email address.
1. How the personal information is collected and what it is used for?
We collect personal information to place and deliver your orders. For example, we collect the following personal data: name, address, phone number, email address, personal preferences, orders information, vital information and the answers to the questions provided in our questionnaires.
This information is collected in different sections of our website. It is mainly done when you place order online, subscribe to the newsletters, click to the links provided in our emails, take part in our polls, competitions or sweepstakes, or interact with specific enterprises.
We can also collect information you provide us with about people you know. For example, we collect your gift recipient’s contact information to process your order. We can also collect contact information of your friends and family members when you take part in one of our referral programs. In this case, we can send message to your friend or family member on your behalf. Please kindly make sure that you provide the email addresses of these persons only whom you have friendship or family relationship with as well as those people which wish to get a gift from you.
2. Information about what kind of technologies we are using to collect personal information
A.Browsing data. We are collecting such browsing data as browser type and version, service provider, and IP-address of the device you are logging in from when you are visiting this website.
B. COOKIES. To gain better understanding of what you are visiting our website for, we are using the browser feature called cookies. This is a small file that contains the data which are stored in your web browser and computer. It is used to see and understand the ways you are browsing our website and which links you are following to. It helps us to improve our website features and provide a better customer care. We also use Clear GIFs or so-called web beacons in this website and in our emails. We use obtained information to deliver our products and render our services in order to improve our business and bring our products and services to the market via this and other Internet resources. For instance, we use cookies to track which products you’ve placed to your shopping cart. Personalized experience along with due consideration of your needs and preferences is the final outcome of such procedures.
3.Collecting information by means of the technologies provided by the unaffiliated companies
Which technology is used to place ads in the other websites?
We make contracts with such unaffiliated companies as Google Analytics in order to efficiently interact with online resources. Information collected via cookies helps us to choose personalized ads to place them in these websites based on the client’s preferences, his orders history and hands-on experience with us.
We can let you turn to the third party websites and services or reproduce content of the third party manufacturers in other ways. We do so for the sake of your convenience. We neither encourage nor have anything to do with these third parties. And so we do not control or bear responsibility for their actions in Internet. It is quite possible that the third party representing content via our website may collect or observe an information by means of using own in-house technologies. Please kindly familiarize yourself with their terms and conditions as well as privacy policy should you have any questions regarding their actions.
We can disclose some certain information about our website visitors if we have some proof that such actions should be done in accordance with law in order to protect our clients, society or our business.
In case of selling or transferring one or all the parts of our business assets including brands or the business line, consumer-related information can serve as a one of the business assets, which are transferred in conjunction with transaction.
Nothing in this policy restricts our right to share aggregated or anonymized information which does not identify you directly.
4. How to update personal information?
We prefer your personal information to be accurate and up-to-date. Therefore, you can update or change your personal information provided in your account at any time.
5. How do we ensure safety of your information in our website?
Our website undertakes the following safety-related measures: restricted access to the data centers; use of the firewall technologies and SSL certificate. SSL is the encryption technology which ensures safety of information that is transferred via Internet.
This Confidentiality Provision became effective on the 1st of April of 2016.