Public offer
PUBLIC OFFER
GENERAL CONDITIONS
These General Conditions for the Organization selling jewelry made of precious metals and precious and semiprecious stones (hereinafter, «Terms of Sale») determine the procedure and rules for the sale of jewelry made of precious metals and precious and semiprecious stones by «DA Stones» LLC to individuals, not related to the implementation of entrepreneurial activities, for personal needs.
1. GENERAL PROVISIONS
1.1. In accordance with the RA Civil Code, these Terms of Sale, addressed to an individual intending to purchase jewelry for personal needs (hereinafter, the «Buyer»), are an official, public and irrevocable offer (public offer) of the «DA Stones» LLC (hereinafter, the «Seller») to negotiate a contract of purchase of jewelry made of precious metals and precious and
1.2. The full and unconditional acceptance of this public offer, in accordance with the RA Civil Code, is the Buyer’s payment of the cost of the Product ordered by him, according to the procedure and within the timeframe specified in Section 5 and Section 9 of these Terms of Sale.
1.3. Acceptance of the offer means that the Buyer agrees with all the provisions of these Terms of Sale, he / she agrees to the processing of his personal data to the extent and in accordance with the procedure defined in Section 12 of these Terms of Sale, and equals to the conclusion of the contract of purchase of jewelry made of precious metals and precious and
1.4. This offer is permanent.
1.5. The Buyer of the Product can only be an individual who has reached the age of 18 years, who has a passport issued by the state of which he is a citizen.
2. SUBJECT OF THE CONTRACT
2.1. The Seller, acting on the basis of the Charter, is included in the special register of legal entities and individual entrepreneurs, and provides Services of making Jewelry, as well as of selling Jewelry made by any contractor at the discretion of the Seller. The Seller guarantees the conformity of the quality of the Jewelry to the requirements of OST 117-
2.2. Information on the characteristics of the Product and its price is posted on the official website of the Seller — www.da.style (hereinafter, the «Website») and is an integral part of these Terms of Sale.
2.3. The Buyer buys (purchases) the Product specified in the Order processed by the Buyer. Placement of an Order is carried out in the manner specified in Section 3 of these Terms of Sale.
3. OREDERING PROCEDURE
3.1. An order for the buying (purchase) of the Product is a voluntary performance of sequential actions using the functional of the Website by the Buyer, aimed at realizing the Buyer’s intention to buy the Product in accordance with the Terms of Sale.
3.2. Placement of an Order can be carried out with the preliminary registration of the Buyer on the Website.
3.2.1. Placement of an Order with the preliminary registration of the Buyer on the Website includes:
(1) preliminary registration which involves filling in the fields containing information about the Buyer’s
(2) receiving confirmation about the Buyer’s registration on the Website in the form of a message sent to the
(3) final registration, where it is necessary for the Buyer to fill in the required fields containing information about the Buyer’s personal data (name, mobile number, passport number and series, name of the issuing agency and date of issue, registration address, delivery address).
3.3. In the event that the Buyer transfers his/ her password data to the third parties, the Buyer is fully responsible for the consequences associated with the implementation of actions on his / her behalf using the functional of the Website, including actions for purchasing the Product.
3.4. The Buyer can purchase the Product in one of the following ways:
3.4.1. By choosing the Product presented on the Website;
3.4.2. By agreeing the details of the future Product with the Seller and drawing up a contract for its manufacture;
3.4.3. By choosing «Fitting Services» with regard to the Jewelry placed in the cart with the possibility of trying on the Jewelry upon receipt and purchase of the selected Jewelry (applies only to jewelry presented on the Website).
3.5. When deciding to purchase the Product in the manner specified in
3.6. When deciding to purchase the Product in the manner specified in
3.7. When deciding to purchase the Product in the manner specified in
3.8. Placement of an Order in all cases provided for in clause 3.4 is possible only if the Buyer agrees with these Terms of Sale and provides his / her consent to the processing of personal data, done by checking the corresponding box. In the absence of confirmation of the Buyer’s consent to these Terms of Sale and processing of personal data, the Order will not be processed.
3.9. After the Order is processed, a message pops out on the Website notifying about the successful processing of the Order, with the indication of the number, date, method of payment and the amount of the Order. Additionally, an
In case of choosing the payment method through the money transfer from the Buyer’s bank account to the Seller’s settlement account on the basis of the invoice received from the Seller, a file will be attached to the message containing an automatically
In case of an unsuccessful processing of the Order, a message pops out about the reasons and possible ways to eliminate the problems risen when placing the Order.
3.10. Within 1 (one) working day after the completion of the Order, an
3.11. The Seller informs the Buyer about each stage of the execution of the Order by sending
3.12. If the Buyer has any questions regarding the properties and characteristics of the purchased Product, the Buyer has the opportunity to directly contact the Seller using the feedback details indicated on the Website before placing the Order.
4. ADDITIONAL SERVICES
4.1. When placing an Order, the Buyer has the right to order the following types of additional services:
4.1.1. With regard to diamonds and other precious stones — additional certification
4.1.2. Individual selection of a stone for the order
4.1.3. Making of
4.1.4. With regard to jewelry — Seller’s special packaging is provided free of charge.
4.2. Certification of a diamond or a precious stone consists in the confirmation of the authenticity and conformity of the quality and color characteristics of the diamond or a precious stone by a specialized authorized organization. The Buyer can request to make a certificate for any stone. The initial certification is free for stones starting at 1000 US dollars, the cost of services for certification of stones up to 1000 US dollars corresponds to the tariffs of the laboratory chosen for the provision of this service. Any piece of jewelry can also go through the certification procedure if the Buyer wishes so. The Initial certification is free for jewelry starting at $ 3000 US dollars. Up to 3000 US dollars — agreed upon according to the tariffs of the laboratory chosen for the provision of this service.
4.3. The order of additional services (service) is carried out by the Buyer through selecting and filling in the appropriate sections in the block «Additional services» in the cart of the Website on his/ her own. The buyer has the right to order all of the listed additional services or one of them. The order of additional services provides for their implementation after 100% payment of the Order.
4.4. The cost and timing of implementation of additional services are discussed and set by the Seller’s representative and the Buyer separately before the payment of the Order.
5. LIABILITIES OF THE PARTIES
5.1. The Seller undertakes to sell to the Buyer the Product specified in the Order processed by the Buyer, fulfilling the following conditions:
5.1.1. upon delivery of the Product to the Buyer:
(1) transfer the Product to the Special carrier for delivery to the Buyer within a period of not more than 45 (forty five) working days from the date of receipt from the Buyer of funds as a payment of the cost of the Product, unless provided in otherwise in the description of the Product. Delivery of the Product to the Buyer is carried out in the manner and under the conditions set in Section 7 of these Terms of Sale, or transfer the Product to the issuing point of the order;
(2) on the date of transfer of the Product to the Special carrier, notify the Buyer of the arrival date of the Product at the issuing place, by sending an
5.1.2. when transferring the Product at the location of the Seller — not later than 45 (forty five) working days from the date of transferring the funds to the Seller’s settlement account as a payment of the cost of the Product, hand the Product over to the Buyer (his / her authorized representative), unless provided in otherwise by the characteristics of the Product.
5.2. Seller’s Warranties
5.2.1. The Seller guarantees that the Jewelry complies with the requirements of OST 117-
5.2.2. The deadline for detecting hidden defects in the Products is 6 months from the date of transfer of ownership in accordance with clause 10.1. of the Terms of Sale.
5.3. The Buyer undertakes to:
5.3.1. Make payment for the price of the Product within the time period specified in clauses 9.3 and 9.4 of these Terms of Sale.
5.3.2. Within the time period specified in clause 8.3 of these Terms of Sale, receive the Product from the Seller either from the Special carrier in person or through an authorized representative on the basis of a notarized power of attorney.
6. REQUIREMENTS FOR THE PACKAGNG AND LABELING OF THE PRODUCT
6.1. The Supplier is obliged to ensure the following requirements for the labeling and packaging of the Product:
(a) Jewelry must have an imprint of the manufacturer’s nameplate and be marked in accordance with the Rules for Marking the Products from Precious Metals, approved by the RA Ministry of Finance;
(b) Jewelry must have a description containing the mandatory details of the Jewelry;
© Jewelry must be packed in an individual packaging that ensures the safekeeping of the Product from loss and / or damage during transportation;
6.2. When delivering the Product to the Buyer through a Special carrier, the Product must be properly packed.
7. Terms of delivery of the Product
7.1. Delivery of the Product to the Buyer is carried out through a Special carrier selected by the Seller, delivery to the issuing point of the order, which is located at Moscow city, Blagoveshchensky lane, building 1a, is also possible.
International delivery outside of EurAsEC is carried out by FEDEX with the registration of all necessary customs documentation. In case of international delivery, all costs of receiving the Product in the country of location are paid by the Buyer. The Buyer also pays all the arising import payments.
7.3. Information about the delivery method is provided to the Buyer when placing an Order.
7.4. When delivering the Product to the Buyer’s place of residence (location), the delivery time is agreed by the Buyer with the Special carrier.
7.5. On the date of transferring the Product to the Special carrier, the Seller undertakes to notify the Buyer by sending him / her a message to the
7.6. The cost of expenses related to the transportation and insurance of the Product is included in the price of the Product agreed upon by the Parties when placing the Order.
Delivery is free of charge, unless otherwise provided in the Order.
7.7. Other delivery conditions are determined by the rules of the Special carrier upon the agreement between the Seller and the Buyer.
8. Terms of issuing the product
8.1. The issuing of the Product to the Buyer (Recipient) (authorized representative of the Buyer (Recipient)) can be made at the issuing point of the order at the address Moscow city, Blagoveshchensky lane, building 1a, or at the address specified in the Order by the Buyer, and it is carried out according to the invoice of the Special carrier, on condition that the Buyer (Recipient) presents his/ her passport.
The issuing of the Product to the Buyer (Recipient) (authorized representative of the Buyer (Recipient)) at the location of the Seller is carried out according to the Seller’s invoice, on condition that the Buyer (Recipient) presents his/ her passport.
8.2. Upon receiving the Product, the Buyer (authorized representative of the Buyer) must check the packaging of the Product in the presence of the authorized representative of the Seller or the authorized representative of the Special carrier, and then sign the invoice about receiving the Product or the invoice of the Special carrier.
8.2.1. If, during the issuing of the Product from the authorized representative of the Special carrier to the Buyer, a violation of the package integrity (opening, tearing, other damages affecting the tightness) is found, the Special carrier, with the participation of the Buyer (authorized representative of the Buyer), must draw up a carrier’s statement in which the identified violations will be described, and return the Product to the Seller.
8.2.2. In case there are no signs of integrity violation, upon receiving the Product from the Special carrier, the Product is considered delivered and issued to the Buyer in accordance with these Terms of Sale, and the Buyer loses the right to further make claims to the Seller related to the quantity, quality, completeness of the Product.
8.3. The Buyer undertakes to receive the Product:
from the Special carrier upon delivery of the Product to the place of residence (location) of the Buyer — on the date agreed with the Special carrier, but no later than 5 (five) working days from the date of arrival of the Product at the location of the territorial (regional) division of the Special carrier;
at the issuing point — on the date agreed with the Seller, but not later than 5 (five) working days from the date the payment of the cost of the Product is transferred to the Seller’s account.
8.4. In case if the storage period of the Product at the Special carrier or in the Organization exceeds 5 (five) working days, the Special Carrier or the Seller will return the Product to the Seller. At the same time, deductions from the amount paid by the Buyer for the Product, will be made by the Seller without additional notification and / or the Buyer’s consent, related to:
— payment for the services of the Special carrier for the delivery, insurance, storage and return of the Product based on the invoice of the Special carrier;
— compensation to the Seller of the costs associated with the labeling, certification, engraving, special packaging of the Product, if the services were provided.
The amount remaining after the calculations, is to be returned to the Buyer on his / her bank card or bank account according to the specified details. The funds will be sent to the Buyer’s bank account within 10 days. Cash refunds are not allowed.
8.6. The return of the Product and the calculation of the amount to be returned to the Buyer is made based on the cases and in the manner provided for by the current legislation.
9. TERMS AND PROCEDURE OF PAYMENT FOR THE PRODUCT
9.1. The price of the Product specified in the Order is final and cannot be changed after the Order is confirmed by the Seller. Confirmation of the Order is done by the Seller within 3 (three) working days from the date of placing the Order by the Buyer, by sending a letter to the email address specified by the Buyer.
9.2. The price of the Product includes the cost of all the used stones, precious metals, the cost of manufacturing the Jewelry, the cost of packaging, the amount of all taxes.
If the Buyer has included the provision of additional services, specified in Section 4 of these Terms of Sale, in the Order, the price of the Product also includes the cost of the ordered additional services.
If the Buyer chooses the delivery service to the issuing point or to the Buyer’s address, the price of the Product will include the cost of transportation and insurance of the valuable cargo according to the tariffs of the Special carrier.
9.3. Payment for the Product is carried out by the Buyer in advance, in full, in a
Payment in cash by depositing funds at the Seller’s cash desk within 3 (three) working days from the date of receiving Seller’s confirmation about accepting the Order for processing in accordance with clause 3.10 of these Terms of Sale.
Payment for the Product is made in the currency indicated on the Website with subsequent conversion into AMD.
9.4. In the absence of confirmation of the payment, the Buyer is obliged to notify the Seller about the payment within 1 (one) working day from the date of payment, indicating the amount and date of payment. Notification must be sent to info@da.style electronic address.
9.5. The costs, associated with the payment for the Product in a
The processing costs of the payment are covered by the Seller.
9.6. At the moment of payment for the Product, the Buyer receives a cash voucher — a primary registration document generated in an electronic form and (or) printed using CRE (cash register equipment) at the moment of settlement between the Buyer and the Seller, which contains information about the settlement, confirms the fact of its implementation and complies with the requirements of the RA legislation on the application of cash register equipment and invoice or bill.
9.7. When purchasing the Product, the Buyer provides the Seller with a copy of the passport upon request.
10. TRANSFER OF PROPERTY RIGHTS
10.1.The risk of an accidental loss of the Product, as well as the property rights of the Product pass from the Seller to the Buyer on the date the Buyer signs the Special carrier’s invoice or the Seller’s invoice, or at the moment of receiving the Product at the issuing point.
11. CONSEQUENCES OF
11.1. In case if the Buyer fails to pay the agreed price of the Product specified in the Order within the time period specified in clauses 9.3, 9.4 of these Terms of Sale, or makes payment in violation of the specified time period, the contract of purchase is not recognized as concluded in accordance with clause 1.2 of these Terms of Sale. In such a case, the Seller will notify the Buyer about the cancellation of the Order.
11.2. In case if the Seller sells the Product in violation of the terms established by clauses 5.1.1, 5.1.2 of these Terms of Sale, the Buyer has the right to refuse to receive the Product and demand a refund of the sum paid for the Product from the Seller.
11.3. In case if the events, specified in clause 8.5 of these Terms of Sale, occur, the Seller is released from the obligation to recoup the Buyer for any losses (including lost profits), as well as to pay the interest set by the Civil Code of the Republic of Armenia.
11.4. If the Buyer refuses to receive the Product, including when the Product is transferred by the Special carrier (except for the case provided for in clause 8.2.1 of these Terms of Sale), the Product remain with the Seller (subject to be returned to the Seller’s address).
11.4.1. If during the execution of the Order the Seller has not provided the additional service ordered in accordance with section 4 of these Terms of Sale, in accordance with the Buyer’s request, the Seller undertakes to return the amount paid by the Buyer for the provision of the additional service to him / her.
12. PROCESSING OF PERSONAL DATA
12.1. Hereby, the Buyer gives his/ her consent to the processing by the Seller of his / her personal data received both from the Buyer and from any third parties in accordance with the requirements of the current legislation of the Russian Federation, and confirms that, giving such consent, he / she acts of his / her own free will and in his / her own interest. Consent is given by the Buyer for the purpose of concluding a contract of purchase with the Seller in accordance with these Terms of Sale and its further execution, making decisions or taking other actions that give rise to legal consequences in relation to the Seller or persons authorized by the Seller. Personal data, the consent to the processing of which is given by the Buyer, includes: surname, name, patronymic, date and place of birth, details of the Buyer’s identity document (series, number, date of issue, name of the issuing agency), Buyer’s registration address, address to which the Product will be delivered, phone number,
12.2. The consent specified in clause 12.1 of the Terms of Sale is given by the Buyer to the Seller for a period of 5 (five) years or until the expiration of the storage period for the relevant information or documents containing the above mentioned information, defined in accordance with the legislation of the Russian Federation, after which it can be withdrawn by sending a corresponding written notice by the Buyer to the Seller at least 3 (three) months prior to the withdrawal of consent.
12.3. The consent specified in clause 12.1 of the Terms of Sale is provided for implementing any actions with respect to the Buyer’s personal data that are necessary to achieve the goals specified in these Terms of Sale, including, but not limited to: collection, systematization, accumulation, storage, clarification (update, change), use, depersonalization, destruction, as well as the implementation of any other actions in accordance with the current legislation of the Republic of Armenia.
12.4. The processing of personal data is carried out by the Seller using the following methods (but not limited to them): storage, recording on electronic media and their storage, compilation of lists, marking.
13. FORCE MAJEURE CIRCUMSTANCES
13.1. The Seller and the Buyer are exempted from liability for a partial or complete failure to fulfill the obligations established by these Terms of Sale if this failure was a result of a force majeure circumstance, arising after the receipt of the Buyer’s acceptance by the Seller as a result of emergency events that neither the Seller nor the Buyer could foresee or prevent, such as flood, fire, earthquake and other natural phenomena, as well as war, hostilities, blockade, prohibitive actions of the authorities and acts of government agencies.
13.2. Upon the occurrence of the circumstances specified in clause 13.1 of these Terms of Sale, the party, for which it was impossible to fulfill the obligation, must immediately notify the other party in writing. The notification must contain information about the nature of the circumstance and must also be accompanied by a link to official documents certifying the existence of these circumstances, and, if possible, giving an assessment of their impact on the ability to fulfill their obligations set by these Terms of Sale.
13.3. If a party fails to send a notification or does not send a timely one provided for in clause 13.2 of these Terms of Sale, it is obliged to compensate the other party for the losses caused by the failure to fulfill the obligations.
13.4. In case the circumstances, provided for in clause 13.1 of these Terms of Sale, occur, the deadline for the fulfillment of obligations by the party is postponed taking into account the time during which the specified circumstances and their consequences have an effect.
13.5. If force majeure circumstances and their consequences continue for more than two months, the parties conduct additional negotiations to identify acceptable alternative ways of fulfilling the obligations.
14. PROCEDURE FOR THE SETTLEMENT OF DISPUTES
14.1. Any disputes and disagreements that may arise between the Seller and the Buyer are resolved through negotiations in order to settle such disagreements and disputes. The procedure for conducting negotiations is determined by agreement between the Seller and the Buyer based on the principles of efficiency, authority and loyalty.
14.2. In case if the arisen dispute is not settled through negotiations, the party in interest will have the right to apply to the court of general jurisdiction in the manner determined by the Code of civil procedure of the RA.
15. OTHER TERMS
15.1. The schematic images,
15.2. The values of the weight of jewelry frames presented on the Website are indicated approximately based on the technological peculiarities of the Product manufacturing. The exact weight values of the jewelry frame are indicated on the Product label.
15.3. The Seller reserves the right to develop, conduct and stop promotions and discount programs. Information on the conditions and terms of promotions and discount programs is posted in the relevant sections of the Website.
15.4. The execution, interpretation, application of these Terms of Sale is regulated by the norms of the Civil legislation of the RA.
15.5. These Terms of Sale may be modified and / or amended at any time at the initiative of the Seller. Information on the modifications / amendments to the Terms of Sale shall be posted on the Website by the Seller in a timely manner.
15.6. In case if the Parties have deviated from the provisions of these Terms of Sale during the sale and purchase of the Product, and the rules established by these Terms of Sale are not applicable, the Parties will take measures to reach additional agreements in order to settle the legal relations arisen.