User agreement
1. INTRODUCTION
These conditions and the agreement regulate the use of our website in force between us and you (hereinafter referred to as the «Conditions»).
These Conditions (together with any other documents specified in these Conditions) establish the rights and obligations of all users (hereinafter referred to as «You», «Your») and OOO DARIMIR (Private Company) (hereinafter referred to as «us», «our», «we», «Seller») in relation to the use of this website and the services and/or items offered by us through this website.
Please read these Conditions carefully. By using our website or placing an order, you accept the obligations specified in these Conditions.
In case of disagreement with all the Conditions from your side, please do not use this website.
These Conditions are subject to change, so we advise you to check them regularly for relevance, since at the time of your use of the website or placing an order, legally binding Conditions must be applicable to such use or placing an order.
If you have any questions about these Conditions, you can visit our website or contact us via the feedback form on the website.
OOO DARIMIR (Private Company), which carries out trading activities under the trademark DARIMIR, individual taxpayer number 4632291231.
2. USE OF OUR WEBSITE
These Conditions are the only conditions applicable to the use of this website and supersede all other terms, except in cases where the Seller has provided prior written express consent.
These Terms and Conditions are important both for you and for us, as they were developed in order to conclude an agreement between you and us that is legally binding and protects your rights as a valuable customer and our rights that we have as an enterprise.
You undertake to read these Terms and Conditions and agree that by placing an order, you unconditionally accept these Terms.
You agree to the following provisions:
2.1. You have the right to use the website only for the purpose of placing legitimate requests or orders.
2.2. You have no right to place speculative, false orders or orders for the purpose of committing fraud.
If we have reason to believe that you have marked such an order, we have the right to cancel such an order and notify the relevant authorities about it.
2.3. You also undertake to provide us with a correct email address, postal address and/or other contact information and acknowledge that we have the right to use such data to contact you if necessary.
2.4. If you have provided us with an incomplete amount of information that we need, we will not be able to fulfill your order.
2.5. By placing an order on the website, you guarantee that you are at least 18 years old, or, if you are under 18, you guarantee that the right to place an order is granted to you by law and you have the legal capacity to conclude binding contracts.
3. ESTABLISHMENT OF CONTRACTUAL RELATIONS
The information specified in these Terms and Conditions and contained on this website is not an offer.
Contractual relations between you and us arise only after we receive a correctly executed order and send you a Confirmation of shipment.
If the order was placed by you incorrectly or was not received by us, and at the same time funds were debited from your account, such funds will be refunded to you in full.
To place an order, you need to complete all the procedures for making a purchase online and click on the «Place an order» button to place an order.
After that, an email will be sent to your email confirming that we have received your order («Order Confirmation»).
Next, we will confirm the acceptance of your order by sending a letter to your email confirming the shipment of the goods («Shipment Confirmation»).
The Product Purchase Agreement (the «Agreement») between us and you is concluded only after we have properly identified you as the person who placed the relevant order and sent you a Confirmation of Shipment.
The Contract is valid exclusively for products whose shipment is confirmed in the Shipment Confirmation.
You agree that the Contract is valid only for products whose shipment is confirmed in the Shipment Confirmation.
4. REFUSAL TO PROCESS THE ORDER
We reserve the right to remove any products from the website at any time and/or delete or edit any materials or content of this website.
Despite the fact that we are obliged to make every possible effort to process all orders, exceptional circumstances may arise, which means that we may need to refuse to process the order after sending you a Shipment Confirmation.
We reserve the right at any time at our sole discretion to refuse to process the order in the event of the above circumstances.
We do not bear any responsibility to you or any third party due to the removal of any products from the website, regardless of whether such products have been sold, the removal or editing of any materials or content of this website, refusal to process or accept an order after sending you Confirmation shipments.
5. THE RIGHT TO REFUSE THE ORDER/TERMINATION OF THE CONTRACT
If you enter into a contract as a consumer, you have the right to terminate the Contract.
In this case, you are entitled to receive a full refund of the cost paid in respect of the products, in accordance with our Refund Policy.
The right to terminate the Contract applies only to products that have been returned in the same condition in which such products were received by you.
At the same time, you must also return all instructions, documents and packaging provided with the products.
In respect of products that have been damaged or are not in the condition in which they were received by you, or have lost their original appearance before opening the package, the amount paid is non-refundable.
Thus, during the period of product ownership, you are obliged to treat such products as carefully as possible.
We ask you to treat the products properly and carefully during the period of your ownership of such products, and keep the original boxes, instructions and documents, labels and packaging and use them to return the products whenever possible.
This provision does not affect your legal rights that you have as a buyer.
6. DELIVERY
We undertake to make every possible effort to fulfill your order for the products specified in the Shipment Confirmation no later than the date specified in the Shipment Confirmation, or, if the planned delivery date is not specified, no later than 15 working days after the date of Shipment Confirmation.
If for any reason we are unable to deliver on the specified date, we will notify you of the situation and give you the opportunity to choose a new delivery date or cancel the order with a refund of the amount paid in full.
For the purposes of these Terms and Conditions, delivery is considered completed or the order is considered delivered at the time of signing the documents on receipt of the order at the agreed delivery address.
7. RISK OF ACCIDENTAL DEATH AND TRANSFER OF OWNERSHIP
The risk of accidental death in relation to the products passes to you from the moment of delivery.
The ownership of the products passes to you at the time we transfer the cargo to the transport company.
8. PRICE AND PAYMENT
The price of the products is the price published on our website at the appropriate time, except in cases of obvious errors.
Although we make every effort to ensure that all prices listed on the website are accurate, there is a possibility of errors.
If we find an error in the price of any product, we will immediately inform you about it and give you the option of re-confirming the order at the correct price or canceling the order.
If we are unable to contact you, the order is considered canceled, and if you have made a payment, you are entitled to receive a refund of the amount paid in full.
We are not obligated to sell you products at an incorrect (lower) price (even after sending you a Shipment Confirmation) if the price error is obvious and not doubtful, and also if we have every reason to believe that this error could have been noticed by you.
The prices shown on our website do not include the shipping cost, which is added to the total amount to be paid as a refund of our shipping costs in accordance with our Shipping Cost Guide.
The price is valid at the time you place the order.
Prices can be changed at any time, but (except for the conditions provided above) any potential change does not affect the order for which the Shipment Confirmation was sent.
After completing the purchase, all the items you wish to purchase are added to your shopping cart.
The next step is to place an order and pay.
9. INTELLECTUAL PROPERTY
You acknowledge that all copyrights, trademarks and other intellectual property rights in respect of all materials or content that are part of this website are retained by us or our licensors at any time.
You may use this material in accordance with the authority expressly granted by us or our licensors.
At the same time, this provision does not restrict you from using this website in the event that it becomes necessary to copy any order or information about the Contract.
All certificates of conformity and declarations of conformity are available upon request.
10. VIRUSES, HACKS AND OTHER CYBERCRIMES
You may not make improper use of this website by intentionally introducing viruses, Trojans, worm viruses, logic bomb programs or other materials that are malicious or malicious from a technical point of view.
You agree not to attempt to gain unauthorized access to this website, the server on which this website is located or any other server, computer or database related to our website.
You agree not to commit attacks through network attacks and distributed denial of service attacks.
By violating this provision, you may commit a criminal offense in accordance with the relevant legislation.
We are obliged to report any such criminal offense to the competent law enforcement agency, while we will interact with the appropriate authority to disclose the identity of the attacker.
In addition, in the event of such a violation, your right to use this website will immediately terminate.
We are not responsible for any loss or damage incurred as a result of a network attack, virus or other software or materials that are malicious and technically harmful to your computer, equipment, data or materials obtained as a result of using this website or downloaded from this website, as well as from the fillings, the link to which is posted on this website.
11. LINKS TO OTHER SITES
Our website may contain links to third-party websites and materials, such links are placed solely for informational purposes, and we cannot control the content of such websites or materials.
Accordingly, we are not responsible of any kind for any loss or damage that may arise as a result of the use of such links.
12. WRITTEN COMMUNICATIONS
In accordance with the current legislation, some information or messages that we send to you must be submitted in writing.
By using this website, you agree that most of the messages are sent by us electronically.
We undertake to provide you with information by sending letters to your email address or posting notifications on our website.
In order to conclude a contract, you agree to these electronic means of sending messages and acknowledge that all contracts, notifications, information and other messages that we provide to you electronically comply with the requirements of the legislation providing for the written execution of such messages.
This provision does not affect your legal rights.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract concluded between us and you is binding on you, us, our respective legal successors and assignees.
You may not transfer, assign, encumber or otherwise alienate the Agreement or any rights and obligations arising from such Agreement without our prior written consent.
We have the right to transfer, assign, encumber, subcontract or otherwise alienate the Contract at any time during the term of the Contract.
For the avoidance of doubt, any such transfer, assignment, encumbrance or other type of alienation does not affect your rights granted to you by law as a buyer, and does not cancel, reduce or otherwise limit in any way any warranty that may have been provided to you by us, whether express or implied warranty
14. CIRCUMSTANCES BEYOND OUR CONTROL
We are not responsible for any non-fulfillment or delay in the fulfillment of any of our obligations under the Contract due to events beyond our reasonable control (hereinafter referred to as «Force Majeure»).
A force majeure circumstance includes any action, event, non-occurrence of an event, an act of inaction or an unforeseen situation beyond our reasonable control and, in particular, includes, without limitation, the following circumstances:
– Strikes, blockages or other industrial conflicts.
– Popular unrest, mass riots, invasions, terrorist attacks or the threat of terrorist attacks, military actions (whether with or without a declaration of war), the threat of military action or preparation for military action.
– Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.
– The impossibility of using railways, ships, air vehicles or automobiles, as well as other public and private vehicles.
– Inability to use public or private telecommunication networks.
– Acts, legislative decrees, regulations or restrictions of any government.
– Any strike of employees of transport companies, mail or other types of strikes in transport companies, non-provision of services by transport companies or accidents. In case of Force Majeure, the relations between the parties are regulated by the relevant legislation of the Russian Federation.
15. WAIVER OF RIGHTS
If at any time during the term of the Agreement we do not enforce any of your obligations under the Agreement or these Terms, or do not exercise any rights or remedies to which we are entitled under the Agreement, such non-exercise does not constitute a waiver of such rights or remedies and they do not release you from responsibility for non-fulfillment of such obligations.
The refusal to recognize any violation does not constitute a refusal to recognize any subsequent violation.
A waiver of rights with respect to any provisions of these Terms shall take effect only if such waiver is expressly stated as a waiver of rights and is sent to you in writing in accordance with the «Notice» clause above.
16. DIVISIBILITY OF PROVISIONS
If any of the provisions of these Terms and Conditions or the provisions of the Contract are recognized by the relevant authority as invalid, illegal or invalid to any extent, such condition or provision is separated from the remaining terms and conditions to the appropriate extent, while the remaining terms and conditions remain in effect in all cases provided for by law.
17. OUR RIGHT TO CHANGE THESE TERMS
We have the right to revise and change these Terms.
You are obliged to comply with the rules and conditions in force at the time you place an order for products, except in cases where such rules, Conditions and a Statement regarding the rules for the protection of personal data are subject to change of any nature in accordance with the requirements of legislation or any government authority, in which case such changes also apply to orders, posted by you earlier.
18. LEGISLATION AND JURISDICTION
The use of this website and Contracts for the purchase of products through this website are governed by the legislation of the Russian Federation.
In case of any dispute arising from such Agreements or related to such Agreements, the parties, in accordance with Article 32 of the Civil Procedure Code of the Russian Federation, have agreed on the exclusive contractual territorial jurisdiction of these disputes to the district court of Kursk, Russia or to the magistrates (courts) of Kursk, Russia (depending on the price of the claim).
If you are a party to the contract as a buyer, nothing in this clause affects your rights granted to you by law.