INDIVIDUAL ENTREPRENEUR DARIIA VOLODYMYRIVNA NAKONECHNA, acting on the basis of the record of state registration of an individual entrepreneur under No. 2010350000000061769 dated 08.10.2021 (hereinafter referred to as the "Seller"), as the First Party, and any individual and/or legal entity with full civil rights and legal capacity, which has accepted this proposal to conclude an agreement (offer) and by their actions has expressed their intention to accede to this Agreement (hereinafter referred to as the "Buyer"), as the Second Party, collectively further referred to as the Parties, and each individually – as a Party,  have concluded this Agreement (offer) for the sale of jewelry in the online store "DARIANI RINGS" (hereinafter referred to as the Agreement) about the following:

1. GENERAL PROVISIONS

1.1. This Agreement is concluded by providing full and unconditional consent (acceptance) of the Buyer to conclude the Purchase and Sale Agreement in full, without signing its written copy by the Parties.

1.2. By concluding this Agreement, the Buyer fully accepts the terms and conditions of placing an order, paying for the goods, delivery and return of the goods, liability for an unfair order and all other terms of the agreement and of the Seller's website.

1.3. The Agreement shall be deemed concluded from the moment the Buyer clicks the "Confirm Order" button on the checkout page in the "Cart" section, receives an order confirmation from the Seller in digital form and/or performs any action as a Buyer aimed at accepting the offer to conclude this Agreement or the actual use of services under this Agreement.

1.4. The Agreement is a contract of adhesion with all the consequences defined in Articles 634, 641, 642 of the Civil Code of Ukraine.

1.5. By accepting this Agreement, the Buyer confirms the fact of being aware of, agreeing and accepting all the terms of this Agreement as a whole (in full without exceptions).

1.6. Online store is the Seller's website at https://darianirings.com created to conclude retail and wholesale purchase and sale agreements based on the Buyer's acquaintance with the description of the Goods offered by the Seller via the Internet.

2. SUBJECT OF THE AGREEMENT

2.1. The subject of this Agreement is the conclusion of agreements for the wholesale or retail purchase and sale of goods (jewelry) posted on the Seller's website https://darianirings.com and the provision of supporting information and consulting services on the terms specified in the Agreement.

3. PROCEDURE FOR CONCLUDING THE AGREEMENT

3.1. The acceptance of the terms of the Agreement means the full and unconditional acceptance by the Buyer of the goods as well as informative and consulting services in accordance with all the terms of the Agreement, without any exceptions and/or restrictions and is equivalent to the conclusion of a bilateral written Agreement for the purchase and sale of jewelry, according to the selected list of Goods posted on the Seller's website, specified in clause 1.6 of this Agreement in the "Catalog" chapter. 

3.2. The Buyer accepts the Agreement after independently getting acquainted with its terms and conditions set out in a public place on the Seller's website by paying for the Goods intended for their own or a third party's needs, according to the tariffs and prices indicated on the website https://darianirings.com, in the section "Information" - "Payment and Delivery" - "Exchange and Return" or in the price list.

3.3. Making an upfront payment or paying for a gift certificate for certain Goods is a confirmation of the Buyer's consent to the purchase of the Seller's Goods.

3.4. The conclusion of the Agreement means that the Buyer:

• has familiarized himself with the functioning and rules of purchase and sale of jewelry in the online store "DARIANI RINGS" as well as of the provision of information and consulting services to the extent necessary for him;
• accepts all the terms of this Agreement without objections.

3.5. The date of the conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the date when the Buyer fills out the order form located on the website of the online store, provided that the Buyer receives an order confirmation from the Seller in digital form.

3.6. The Seller has the right to refuse to provide the order to the Buyer if the information given by the Buyer when placing the order is incomplete or raises suspicion about its authenticity.

3.7. When placing an order on the the online store website, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order: Buyer’s name and surname, address to which the Goods should be delivered (if delivery to the Buyer's address is chosen); contact phone number; identification code for a legal entity or an individual entrepreneur; while the name, quantity, article and price of the Goods selected by the Buyer are indicated in the Buyer's cart on the online store’s website.

3.8. If any of the Parties or representatives of the Parties to the contract need additional information, they have the right to request it from the other Party. In case the Buyer fails to provide necessary information, the Seller shall not be responsible for the quality of service provided to the Buyer when purchasing goods in the online store. 

3.9. The Buyer shall be refunded for the cost of the Goods of good quality within 30 (thirty) calendar days from the date of receipt of such Goods from the Seller, provided that the requirements stipulated in clause 6.1. of the Agreement and the current legislation of Ukraine are met.

3.10. The cost of the Goods shall be refunded to the Buyer's account via bank transfer. 

3.11. Goods of proper quality shall be returned to the Seller's address at the expense of the Buyer and the return shall not be compensated to the Buyer by the Seller.

3.12. In case a defect is found in the Goods during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to make a claim to the Seller as provided for by the Law of Ukraine "On Consumer Protection".  When a claim for free defect elimination has been filed, the period for the elimination is calculated from the date  when the Seller received the Goods at their disposal and gained physical access to such Goods.

3.13. The claims filed as provided for by the Law of Ukraine "On Consumer Protection" shall be considered by the Seller if the Buyer provides the documents required by the current legislation of Ukraine. The Seller has no responsibility for defects of the Goods that arose after their delivery to the Buyer as a result of the Buyer violating the rules of use or storage of the Goods, actions of third parties, or force majeure.

3.14. The Buyer has no right to refuse the goods of good quality, which have individually defined properties, if the specified goods can be used exclusively by the Buyer who purchased it, (including Buyer requests for non-standard sizes, characteristics, appearance, components, etc.). The fact that the Goods have individually defined properties is confirmed by the difference of the Goods’ size or other characteristics from those indicated in the online store.

3.15. In cases provided by law and this Agreement, the Goods shall be returned to the address indicated on the website in the section "Information" - "Contacts".

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Seller is obliged to:

4.1.1. Provide the Buyer with the goods in accordance with the terms of this Agreement and the Buyer's Order;

4.1.2. Not disclose any private information about the Buyer and not to provide access to this information to third parties, except if required by law and during the processing of the Buyer's Order;

4.2. The Seller has the right to:

4.2.1. Change the terms of this Agreement, as well as prices for Goods and Services, unilaterally, depending on market conditions, by posting them on the website of the online store. All changes come into force from the moment of their publication;

4.2.2. Require the Buyer to fulfill the requirements of this Agreement;

4.2.3. Provide other informative and consulting services.

4.3. The Buyer is obliged to:

4.3.1. Get acquainted with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the online store prior to the conclusion of the Agreement;

4.3.2. In order to fulfill the Seller's obligations to the Buyer, the latter must provide all the necessary details that unambiguously identify him as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer;

4.3.3. Timely and fully pay for the Seller's services;

4.3.4. Demonstrate mutual respect for the Seller's personnel, the Seller's administration and other persons;

4.4. The Buyer has the right to:

4.4.1. Use the services in accordance with the terms of this Agreement and receive the Goods of proper quality and as per the order;

4.4.2. Require the Seller to fulfill the requirements of this Agreement;

4.4.3. Return non-food goods of good quality to the Seller, if the goods did not meet their expectations in terms of shape, dimensions, style, color, size or for other reasons cannot be used for their intended purpose. The Buyer has the right to return the goods of good quality within 14 (fourteen) days, excluding the day of purchase. The return of good quality goods can be made if they have not been used and if their presentation, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer upon the purchase are preserved. The list of goods that are not subject to returns on the grounds provided for in this paragraph shall be approved by the Cabinet of Ministers of Ukraine.

5. PAYMENT PROCEDURE

5.1. The cost of services does not include the commission of banks and payment systems charged from the Buyer when making a payment.

5.2. Payment for the services shall be made by the Buyer or another person, in the national currency of Ukraine, in a non-cash form by transferring funds to the Seller's account specified in this Agreement. The payment system under the terms of this Agreement is the Fondi system https://fondy.ua/uk/ 

5.3. The date of payment for the services is the date when the funds are credited to the Seller's account.

5.4. Upon payment, the Buyer shall inform the Seller of the fact of the payment, his contact details (phone, e-mail) and other information necessary for the Seller to provide services under this Agreement in any convenient way. If the Buyer fails to provide the specified information, the Seller shall not be liable for failure to provide services under this Agreement.

6. RESPONSIBILITY OF THE PARTIES. COMPENSATIONS

6.1. The Parties shall be liable for non-fulfillment and/or improper fulfillment of the terms of this Agreement in accordance with the current legislation and this Agreement.

6.2. The Seller bears no responsibility for the non-conformity of the services provided and the appearance of the Goods to the Buyer's expectations based on their subjective assessment.

6.3. The Seller shall not be responsible if the Buyer could not use the Goods for reasons beyond the Seller's control. In this case, the paid cost of services is not refundable.

7. PERSONAL DATA PROCESSING

7.1. By accepting this Agreement, the Buyer, in accordance with the Law of Ukraine "On Personal Data Protection", provides the Seller and their representative (operator, manager, administrator, etc.) with their irrevocable consent to the processing of the Buyer's personal data, as well as consents to the transfer of such data to third parties for the purpose of this Agreement.

8. CIRCUMSTANCES OF INSUPERABLE FORCE (FORCE MAJEURE)

8.1. The Parties shall be released from liability for full or partial failure to fulfill their obligations under this Agreement, if such failure was the result of force majeure circumstances that arose after the conclusion of this Agreement and which the Parties could neither foresee nor prevent by reasonable measures.

8.2. Force majeure circumstances (circumstances of insuperable force) under this Agreement are extraordinary and inevitable circumstances that objectively make it impossible to fulfill the obligations under the terms of this Agreement and obligations under legislative and other regulations, namely: the threat of war, armed conflict or a serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargoes, actions of a foreign enemy, general military mobilization, war actions, declared and undeclared war, actions of a domestic enemy, riots, acts of terrorism, subversions, piracy, riots, invasion, siege, revolution, rebellion, insurrection, mass riots, imposition of a curfew, quarantine established by the Cabinet of Ministers of Ukraine, expropriation, compulsory withdrawal, takeover of enterprises, requisition, public demonstration, lockdown, strike, accident, illegal actions of third parties, fire, explosion, long interruptions in the work of transport, regulated by the terms of the relevant decisions and acts of state authorities, posing a threat to the life, health and personal safety of people beyond the control of the Parties, etc.

8.3. The Party, for which it is impossible to fulfill its obligations due to force majeure (circumstances of insuperable force), shall immediately, by any available means, notify the other Party of such circumstances as soon as possible: the time of occurrence, possible duration and probable date of termination of these circumstances and, as a result, termination or postponement of the provision of services.

8.4. In the event of force majeure (circumstances of insuperable force), the obligations under this Agreement shall be postponed for the duration of such circumstances. The amount paid by the Buyer to the Seller shall not be refunded.

8.5. The presence and duration of force majeure (circumstances of insuperable force) must be confirmed by a certificate issued by the Chamber of Commerce and Industry of Ukraine.

9. OTHER TERMS AND CONDITIONS

9.1. The Seller reserves the right to make changes to the terms of this Agreement. In case of amendments to this Agreement, they come into force from the moment of publication of the new version of the Agreement.

9.2. All disputes arising from the fulfillment of this Agreement shall be resolved by the Parties through negotiations. If disputes are not settled through negotiations, they shall be resolved in accordance with the current legislation.

9.3. The Buyer guarantees that all the terms of the offer are comprehensible to them and that they accept them unconditionally and in full, without any condition, exception or reservation.

9.4. In the event not regulated by this Agreement, the Parties undertake to be guided by the norms established by the current legislation of Ukraine.

9.5. The provisions of the legislation of Ukraine shall apply to this Agreement.

10. DETAILS OF THE SELLER (CONTRACTOR):

DARIANI RINGS

FOP* NAKONECHNA DARIIA VOLODYMYRIVNA

*individual entrepreneur under Ukrainian law

78 Red Lane, Coventry, CV6 5EQ, United Kingdom

EDRPOU (National State Registry of Ukrainian Enterprises and Organizations) 3424213305

Current account UA 08305299000002600300011363

at JSC CB PRIVATBANK

Tel. +447575842837