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User Agreement

The agreement of rights and liabilities of the parties is concluded between:

- Darkotik express gift delivery service, that deliver goods ordered at the site www.darkotik.com (further – Service) on the one hand,

- The customer who order the goods at the Service’s site (further - the Customer), on the other hand,

- The recipient who receive the goods ordered at the Service’s site (further - the Recipient) from the third party

and undertake to observe terms and conditions of the given Agreement.

In case of disagreement with the given Agreement, the Customer or the Recipient is obliged to stop using Service.

By using the website of Service for the order of the gifts or registration as a Customer or as a Recipient at the site of Service, you agree to be bound by this agreement.

1. Order Reception and Processing

1.1 Placing of the order

Orders are accepted from users only by means of the Service site (no orders are accepted by phone).

1.2 Processing of the order

After the Customer places the order in 5-10 minutes the user receives e-mail or telephone message, notifying that the order got to the orders base of the Service.
Within 10 minutes after the order the operator of the Service contacts the Recipient via contacts provided by the Customer (phone number of the Recipient).

1.3 Order correcting

Operator of Service has no right to make any changes in the list of the ordered goods and their prices without the coordination with the Customer. If an ordered good is out of stock, the Service is obliged to notify the Customer as soon as possible and to propose corresponding alternative good. Thus Service does not bear any liability for damages or lost profits of the Customer.

2. Payment and documents

2.1 Payment methods

The goods are paid cashless by the Customer while order registration by the methods specified in the Payment section of Darkotik Website. The customer can pay the order with the help of internal Service account at the site, preliminary having filled it up by one of offered ways.

1.2.1 Customer’s phone number

The customer has right not to specify his/her phone number at order registration. The customer understands that in this case he/she cannot:
- cancel the order;
- trace the status of gift delivery;
- be notified about gift change;
- be informed about the unperformed order;
- return money in case of nonperformance of the order;

2.2 Check of the delivered goods

The Recipient and the Service representative both are obliged to check conformity of names and quantity of the goods in sales check with really brought goods while order handing over.
Darkotik gifts service disavow obligations to prevent about possible change of the gift. Gift will be changed for the good with similar characteristics and price.
Darkotik gifts service disavow obligations to return money in case of nonperformance of the order.

3. Delivery

3.1 Company Representative

The courier of the Service (or of the express delivery service) is obliged to show to the Recipient the verification document, and the Recipient is obliged to check it.

3.2 Terms

Service deliver the gift to the Recipient during an 3 hours after finishing the order procedure by the Customer. But Customer and the Recipient should understand that Service can have some situation when delivery need more than 3 hours (force majeure circumstance of item # 7, no free cars delivering orders from Internet shop, etc.) or delivery can be temporarily impossible. Thus Service does not take up any obligations on compensation of any losses of the Customer connected with tardy delivery of the order. If the Customer does not accept delivery terms, he/she can just refuse the order.
From its part the Customer undertakes to entrust reception of the goods to the Recipient during an  3 hours after order registration to the address specified by the Recipient to the Service operator. If the Recipient is absent at the given address the order considers as executed, with all following financial obligations of the parties.
In any case, the operator of the Service and the Recipient try to co-ordinate delivery.

3.3 Order Cancellation

The Customer has the right to cancel the order at any moment, but considering the specificity of the Service work order cancellation cannot be guaranteed to the Customer.
If the order was not delivered to the Recipient in due time through his/her own fault or through the fault of the Customer the cost of the gift would not be refunded.

If the Recipient refuses three times to get the gift in the time set by the rules of Service or three times puts off the delivery time the order is considered as canceled.
Service can refuse to serve the Customer in the case of often changes of the order during delivery or repeating cases of cancellation of the order.

3.4 Returns Policy

You can return the goods within 14 days after receipt if the goods are unused and have its original packaging, are in perfect condition, have all seals, labels and accompanied with the corresponding documents.
Goods delivery to the central office of Service is carried out at the expense of the buyer. The cost of the gift is refunded to the Customer.

Returns (exchange) cannot be accepted for the product type (of proper quality) listed in the Decision of KM of Ukraine №172 from 19.03.1994.

3.5. Payment acknowledgement

If the registered at the Service site Customer make payment with help of internal account he/she will receive a special code at his/her telephone. The customer should enter this code in the corresponded field and press Send button. By this he/she acknowledge the payment. Payment acknowledgement is a measure that protects means at your internal account.

4. About legislative base

Relations between the Company and the Customer are regulated by the following acts:

«An order of trading and rules of trade services», confirmed by the Cabinet of Ministers of Ukraine from 08.09.95 № 108 (with changes and additions),
The law of Ukraine «About protection of consumers»,

«Rules of selling the goods by order and selling door-to-door» (Order of Ministry for foreign economic relations and trade of Ukraine from March, 29 1999 N 199. It is registered in the Department of Justice of Ukraine May, 21 1999 N 249/3542)

5. About technical characteristics, appearance, completeness of the goods
Service aspires to give the valid images of the goods, the full information about the goods and its completeness at the site. But the Customer should realize that there can be divergences in real and presented at the site characteristics as manufacturers can change these characteristics without notification of our Service. The customer should control himself the conformity of the ordered goods to the description at the Service site – for example, to check manufacturer’s site. The customer has right to refuse to buy the goods at discrepancy detection.

6. Warrantee

6.1 Documents

If the delivered goods have warranty periods, Service provides the Recipient with characteristics sheet or other document that replaces it. Sale date (day of delivery) is specified in this document and assured by the stamp and signature of the Service representative.

7. Force majeure circumstances

The parties shall not be held liable for nonperformance of their obligations under this Agreement if the non-performance was due to circumstances or factors beyond the control of the Parties such as acts of nature, extreme weather conditions, fire, war, public disorders, actions of government authorities etc.

The party experiencing the difficulty shall give the other prompt written notice. Certificate given out by Commercial and industrial Chamber of Ukraine, or its corresponding regional branch is the documentary acknowledgement of force majeure circumstances.

8. About the Agreements’ conditions

Service reserves the right to change the terms and conditions of this Agreement. Service undertakes to inform the Customer and the Recipient about all basic changes in the Agreement by the corresponding message in News section at the Service site. Service should place terms and conditions of the Agreement at the site.

 

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