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USER AGREEMENT
|
Kyiv |
Revision No. 02/26 |
January 26, 2026 |
Dear User, this Agreement establishes the procedure and terms for: using the DARKBYRIOR.UA Website, purchasing and selling Goods, and also regulates other relations provided for by the Agreement. In case of disagreement with its terms, you must immediately cease using this Website. You agree to all terms of the Agreement without exception, without the possibility of submitting proposals/amendments regarding individual provisions, if you: followed a link with the domain name DARKBYRIOR.UA or use the Website in any form, including, but not limited to, by filling out various forms, applications, as well as placing orders for Goods using this Website, or surfing the Website.
I. GENERAL PROVISIONS
1.1. The DARKBYRIOR.UA online service (platform) is a trading platform with an assortment of manicure and pedicure Goods, providing individual entrepreneurs and legal entities with the opportunity to sell them using the tools of this Website.
1.2. In accordance with Part 1 of Art. 213 of the Civil Code of Ukraine, exclusively the Website Administration, apart from a court, has the right to interpret the Agreement and the terms used therein. For a more precise understanding of the terms of the Agreement, terms are used herein with the following meanings:
1.2.1. Agreement refers to this document (User Agreement) posted at the following link: https://darkbyrior.ua/en/terms-of-use-for-darkbyriorcom
1.2.2. Website means the web page posted at darkbyrior.ua, including all subdomains (subfolders), owned by the Website Administration.
1.2.3. User means an individual who has full civil capacity and legal capability and who has agreed to the terms of this Agreement. The User may act as a Buyer, Payer, or Recipient.
1.2.4. Seller means a legal entity or individual entrepreneur who has the Goods in stock, information about which is contained on the Website.
1.2.5. Buyer means a User whose offer to purchase the Goods has been accepted by the Seller. The Buyer may act as a Payer and Recipient.
1.2.6. Payer means a User who makes the payment for the Order. The Payer may act as a Buyer and Recipient.
1.2.7. Recipient means a User designated by the Payer in the Order as the person authorized to receive the Goods. Unless otherwise specified in the Order, the Recipient is the Payer.
1.2.8. Parties mean the Seller, User, Buyer, Payer, and Recipient.
1.2.9. Website Administration refers to the Individual Entrepreneur Pospiekhova Mariia Vadymivna (RNOKPP: 3607610829; address: 49111, Dnipropetrovsk oblast, city of Dnipro, Zaporizke shose, building 28Ts, apartment 61, entry number in the Unified State Register 2002240000000150145 dated February 1, 2021), registered in accordance with the current legislation of Ukraine and/or persons authorized by her to manage the Website. The Website Administration may act as a Seller.
1.2.10. Goods mean material objects, information about which is posted on the Website.
1.2.11. Proposal means information contained on the Website regarding a specific Good that can be purchased by the Buyer. The Proposal is not an offer, but merely information about the possible conditions for purchasing the Good.
1.2.12. Order means the User's request through the Website, any messenger, or via a phone call to the Seller requesting to sell the Goods under the conditions specified in the offer.
1.2.13. Contract means the contract of purchase and sale of Goods.
1.2.14. Delivery Service means a carrier, transport and logistics company, postal institution, courier, as well as other persons delivering the Goods to the Buyer/Recipient.
1.2.15. Personal Account means the User's account on the Website. User registration is carried out by filling out a registration form, after which they gain access to the Personal Account. In case of registration via a social media profile, some personal data may be automatically specified in the User's profile, but the User is obliged to verify their completeness and accuracy before placing an order. The User undertakes not to use the Personal Account to commit actions that violate the legislation, as well as actions that violate the rights or interests of third parties. In case of violation of this rule, the User undertakes to compensate the Website Administration for all losses incurred in connection with such actions.
1.3. This Agreement is a public offer. The moment of concluding this Agreement is considered the moment of any interaction of the User with the Website. The Agreement can be concluded only by a person who has full civil capacity and legal capability. If a person does not meet the requirements specified in this paragraph, they are obliged to immediately cease using the Website in any form.
1.4. Any interaction of the User with the Website (including, but not limited to, searching/purchasing Goods, following links on the Website) implies unconditional agreement of the User with all clauses of this Agreement. Such interaction with the Website constitutes full and unconditional acceptance of this Agreement, ignorance of which does not release the User from responsibility for failure to fulfill its terms.
1.5. If the User does not agree with any terms of this Agreement and/or does not agree to comply with the terms of this Agreement (or a new edition of the Agreement), they have no right to use the Website in any way, are obliged to cease using the Website and leave it. The User independently bears all risks associated with the continued use of the Website in case of disagreement with the provisions of the Agreement.
II. PROCEDURE FOR PLACING AN ORDER AND PRICE OF GOODS
2.1. The Seller posts a list of Goods with their descriptions on the Website. The Goods on the Website are of an informational nature and do not constitute an offer in any sense.
2.1.1. The price of each individual Good is determined by the Seller and indicated on the corresponding page of the Website. The Contract price is determined by summing the prices of all selected Goods placed in the virtual cart and the delivery price, which is determined depending on the delivery method according to the tariffs of the chosen Delivery Service. The price of the Good is indicated without taking into account the cost of its delivery.
2.1.2. The cost of the Order may be changed by the Seller depending on the price, quantity, or nomenclature of the Good.
2.2. After reviewing the information about the Good posted on the Website, the User has the right to make an offer to the Seller by filling out the Order form on the Website. Filling out the Order form is considered the User's offer to the Seller to order the Good under the terms defined by the corresponding Proposal. The offer may be expressed in any other convenient way for the Parties that allows fixing the Order.
2.2.1. The User is obliged to coordinate with the Seller all essential terms of the future Contract that they deem necessary before submitting the offer to the Seller. The User has no right to refer to improper performance by the Seller of the terms of the Contract if the User did not coordinate with the Seller the term of the Contract that became the basis for referring to improper performance.
2.2.2. The User who made the offer agrees that the Proposal contains an exhaustive and necessary list of information about the Good.
2.3. The Buyer agrees that their offer is redirected by the Website Administration to the Seller chosen by the Website Administration at its discretion. This provision in no way means that the Website Administration acts as an agent of the Seller and/or is responsible for the fulfillment of the order by the Seller. The Website Administration provides the Seller with services for using the Website.
2.4. The offer is considered accepted by the Seller after the latter performs one of the actions indicating acceptance of the offer, depending on which action occurs earlier, namely: issuing an invoice for payment of the Good (in any form, including via Website tools, messengers, Instagram, SMS message, email); generating a waybill for transfer to the postal operator; transferring the Good to the Buyer.
2.4.1. In connection with the acceptance of the offer by the Seller, a Contract is considered concluded between the parties, under which the Seller undertakes to transfer the Good into the ownership of the Buyer and/or organize the delivery of the Good to the Buyer (Recipient), and the Buyer undertakes to accept the Good and pay for it the monetary amount determined by the Seller. The Contract is concluded until its full performance by all Parties. The Contract is concluded on the terms defined by this Agreement.
2.5. The Seller has the right to offer to order the Good on other terms after receiving the User's offer (make changes to the User's Proposal). In this case, such Proposal is considered a counter-offer and must be accepted by the User. Acceptance of the counter-offer is considered the performance by the User of any action indicating acceptance of the counter-offer, depending on which action occurs earlier, in particular, but not limited to: oral or written confirmation of the purchase of the Good, expression of written agreement via electronic means of communication (messengers, Instagram, email, SMS message), full or partial payment for the Good, acceptance of the Good in full or in part, etc.
2.6. The Seller has the right to unilaterally withdraw the counter-offer, cancel its agreement to the terms of any offer, or refuse to fulfill an already agreed offer. In this case, the Seller is not obliged to compensate the User for any losses, pay a penalty or compensation under Art. 625 of the Civil Code of Ukraine, etc.
2.6.1. If the Buyer has not paid for the Good within the period specified by the Seller, the agreed offer is annulled, and the concluded Contract terminates its validity by decision of the Seller.
2.7. The Parties agree that the coordination of all essential terms of the Contract is the performance of one of the actions, depending on which action was performed earlier, namely: full or partial payment for the Good, full or partial acceptance of the Good, transfer of the Good by the Seller to the Buyer or delivery service (carrier, transport and logistics company, postal institution, courier, etc.), expression of written agreement via electronic means of communication (messengers, Instagram, email, SMS message). Upon the performance of one of these actions, the Contract is considered concluded.
2.8. Payment for the Good according to the Order may be carried out, including using payment solutions of the payment institution EUROPEAN PAYMENT SYSTEM LIMITED LIABILITY COMPANY (EDRPOU code 39269220). When the Buyer/Payer initiates a payment transaction using the services of the specified payment institution, the Seller receives payment for the Order to its current account in accordance with the contractual terms and requirements of the current legislation of Ukraine. The list of Sellers may be contained in Appendix No. 1 to this Agreement and may be unilaterally changed by the Website Administration (link to the list of Sellers - https://darkbyrior.ua/en/index.php?route=information/information&information_id=29). If the User wishes to become a Seller on the website, they must apply to the Website Administration in the manner established by the Public Agreement on the procedure for attracting Sellers and conditions of using the Marketplace (https://darkbyrior.ua/en/offer).
2.9. The Buyer is strictly prohibited from purchasing Goods for the purpose of resale. If the Website Administration establishes that the Buyer is reselling the Goods, the Website Administration shall have all rights to take measures to bring the guilty persons to criminal liability. At the same time, the Buyer shall be obliged to compensate the Website Administration for all expenses incurred in connection with the Buyer's violation of this clause, including the costs of involving lawyers.
III. TERMS REGARDING ORDER FULFILLMENT
3.1. The Seller has properly fulfilled its obligation to transfer the Good to the Buyer at the moment of transferring the Good to the delivery service (carrier, transport and logistics company, postal institution, courier, etc.). If the Good is picked up by the Buyer via pickup, the obligation to transfer the Good is considered fulfilled from the moment of actual transfer of the Good toសម្រេច the Buyer.
3.2. The risk of accidental destruction/damage of the Good passes to the Buyer at the moment of transfer of the Good by the Seller to the delivery service (carrier, transport and logistics company, postal institution, courier, etc.) or from the moment of actual receipt of the Good by the Buyer/Recipient, depending on which event occurs earlier.
IV. DELIVERY TERMS
4.1. The Buyer/Recipient receives the Good via the Delivery Service, personally or through an authorized representative. The Buyer/Recipient pays for delivery in full to the Seller's account or, if the Seller has explicitly notified thereof, to the carrier's account (cash on delivery). The Seller has the right to demand payment for the delivery of the Good prior to the transfer of the Good to the carrier. If the Buyer does not pay the delivery cost, the Seller has the right not to ship the Good until the Buyer pays for delivery, and this shall not be considered a delay by the Seller. If the Buyer has paid for the Good but has not paid for the delivery of the Good, the Seller has the right to unilaterally terminate the Contract without paying any penalties, but with the mandatory refund of the cost of the Good, for which the Buyer is obliged to provide the Seller with bank details for the refund (IBAN, identification code, full name, bank name). The Seller refunds funds within 10 (ten) working days from the moment of receiving all bank details for the refund from the Buyer specified in this clause.
4.1.1. The Buyer/Recipient fully and unconditionally agrees with all Rules for Cargo Transportation of the Delivery Service if the method of receiving the Good via delivery was chosen.
4.2. The Buyer is obliged to provide the Seller with the correct full delivery address of the Good, the name of the postal operator through which delivery will be carried out, the post office branch, full name, phone number, and email (if necessary) of the Recipient of the Good. If the Buyer does not provide the Seller with the data for cargo shipment specified in this clause, the Seller has the right, upon expiration of 2 (two) days from the moment of payment for the order by the Buyer, to unilaterally refuse the Contract and return the funds paid for the Good. The Seller refunds funds within 10 (ten) working days from the moment of receiving all bank details for the refund from the Buyer specified in this clause.
4.3. The Buyer/Recipient has the right to authorize another person to receive the Good (including via third-party Delivery Service applications (e.g., changing the Recipient in the Nova Poshta application)). In this case, it is considered that the Seller has properly fulfilled its obligation to transfer the Good to the Buyer/Recipient.
4.4. The moment of receipt and acceptance without comments of the Good by the Buyer/Recipient is the moment, depending on which occurred earlier:
4.4.1. Actual receipt of the Good by the Buyer/Recipient in any manner or performance of any actions indicating acceptance of the Good;
4.4.2. Signing by the Buyer/Recipient of the certificate of acceptance and transfer of the Good, expense invoice, or other equivalent document confirming the fact of transfer of the Good;
4.4.3. Signing by the Buyer/Recipient of Delivery Service documents confirming the fact of receipt of the Good;
4.4.4. Payment for the Good with cash on delivery.
4.5. The Buyer/Recipient is obliged to inspect the Good (its appearance, quantity, quality, completeness, etc.) together with the settlement document upon receipt of the order (parcel) in the presence of a representative of the Delivery Service. Claims of the Buyer against the Seller regarding the Good received through the Delivery Service regarding improper commercial or external appearance (damage) detected upon receipt of the Good must be recorded by the Buyer/Recipient together with a representative of the Delivery Service by drawing up a written document reflecting the detected damage, signed by the Buyer (Recipient) and an authorized representative of the Delivery Service.
4.5.1. Acceptance of the Good by the Buyer/Recipient without drawing up a written document with a representative of the Delivery Service regarding improper commercial or external appearance (damage) detected upon receipt of the good is confirmation of the absence of any claims by the Buyer/Recipient against the Seller and the Website Administration regarding the quality or quantity of such Good, or any other characteristics (color, dimensions, etc.).
4.6. In the absence of the Buyer/Recipient at the delivery address specified by the Buyer/Payer or refusal of the Buyer/Recipient to receive the Good for unjustified reasons upon delivery by the Delivery Service, the Good is returned to the dispatch warehouse. Payment for the Delivery Service is withheld (deducted) from the amount transferred by the Buyer for the Good. The remaining amount is returned to the Buyer upon request.
4.6.1. If, after the return of the Good to the Seller's warehouse, the Buyer requests to resend the Good, the Seller has the right to receive from the Buyer as a deposit the amount of funds necessary to cover operating expenses for re-delivery and potential repeated refusal of the Good.
4.7. In the event of transporting the Good outside of Ukraine, exclusively the Buyer bears full responsibility for customs clearance, compliance with the legislation of transit countries and the destination country, risks of accidental destruction or damage to property, disposal of the Good, detention of the Good by regulatory authorities, as well as other events that may occur during the transportation of the Good outside of Ukraine. The Seller does not compensate the Buyer for any losses in connection with the detention of the Good, its seizure, or disposal.
V. INFORMATION ABOUT THE GOODS
5.1. Information about the Good is contained on the Good itself, its packaging, label, marking, shipping documents for the Good, or provided to the User/Buyer in another way (in an accessible visual form). Information about the Good may also be provided remotely (by phone, by posting information about the Good on the Website, etc.). The Buyer confirms their consent to receive information about the Good via remote or mobile communication means.
5.2. The User/Buyer agrees that the information about the Good posted on the Website is dynamic. This means that the information may be updated, changed, and supplemented by the Website Administration/Seller at any time without prior notice to the User/Buyer.
5.3. When ordering the Good and upon receipt of the Good, until signing the documents confirming receipt of the Good, the Buyer/Recipient is obliged to review the information about the Good contained on the Good, on the packaging, and in the shipping documents. If necessary to obtain additional information about the Good, the Buyer/Recipient is obliged to contact the Seller and obtain the necessary information before accepting the Good. Otherwise, the Buyer/Recipient has no right to refer to the absence of any information or defects of the Good.
5.4. The Buyer confirms their awareness that the Good may contain an additional label on the container indicating up-to-date information about the composition of the Good. Information contained under such an additional label is not up-to-date and should not be applied by the Buyer. The Buyer is obliged to contact the Seller before purchasing the Good to obtain clarifications regarding the additional label if the Buyer has questions in this regard.
5.5. Goods without TPO content are marked on the website with a special sign "TPO free", however, this is not a guarantee of the absence of TPO, as complete and accurate information about the composition of the Good is indicated on the label of the Good itself.
VI. TERMS OF RETURN (EXCHANGE) OF GOODS. GROUNDS FOR REFUNDS
6.1. In accordance with Art. 9 of the Law of Ukraine "On Consumer Protection", the Buyer has the right to exchange a non-food Good of proper quality for a similar one if the Good did not satisfy the Buyer in form, dimensions, style, color, size, or for other reasons cannot be used for its intended purpose within fourteen days from the moment of receipt of the Good.
6.1.1. Exchange of a Good of proper quality is carried out if it has not been used and if its commercial appearance, consumer properties, seals, tags, as well as the settlement document issued to the Buyer along with the sold Good are preserved.
6.1.2. Goods specified in the List approved by Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994 "On implementation of certain provisions of the Law of Ukraine 'On Consumer Protection'", in particular perfume and cosmetic products, are not subject to exchange (return).
6.1.3. Exchange and return of the Good (including upon termination of the Contract) under the procedure of the Law of Ukraine "On Consumer Protection" is carried out at the address notified by the Seller (including the Delivery Service notified by the Seller). The User, in particular, is obliged to properly and securely pack the shipment externally and internally so that the Good is not damaged during transportation. To minimize the risks of accidental damage to the Good when resending to the Seller, the Buyer is obliged, before such dispatch, to describe the external appearance of the Good together with a representative of the Delivery Service by drawing up a corresponding act.
6.2. Upon exchange and return, the Good must be sent in full completeness, attaching the following documents to it:
6.2.1. Application for exchange or return of the Good, with mandatory indication of justified and motivated reasons for exchange or return;
6.2.2. Evidence confirming the circumstances set forth in the application for exchange or return of the Good.
6.2.3. Certificate of acceptance and transfer of the Good / invoice (except for the invoice issued by the Delivery Service) / receipt from the Seller (document confirming the fact of purchase of the Good).
6.3. If the Good is sent for exchange or return without the documents provided for in this section, the Seller has the right to refuse the exchange or return of the Good.
6.4. Due to the absence of a ban on TPO (full chemical name Trimethylbenzoyl Diphenylphosphine Oxide) on the territory of Ukraine, Goods purchased on the Website containing TPO are not subject to return. The Buyer has no right to transport Goods containing TPO to the territory of the EU or other countries where TPO is prohibited.
6.5. The presence of an additional label about the up-to-date composition of the Good cannot be grounds for returning the Good.
6.6. Refunds to the Buyer are carried out in cases provided for by this Agreement and the current legislation of Ukraine, namely:
6.6.1. In case of satisfaction of the Buyer's claim regarding a Good of inadequate quality, if the Buyer refused an exchange for a similar Good of proper quality;
6.6.2. In case of excessive payment for the cost of the Good or delivery (erroneous or double debiting of funds);
6.6.3. If the Seller has not transferred the ordered Good to the delivery service within 5 (five) working days in case of delivery within Ukraine and within 15 (fifteen) working days in case of delivery abroad from the moment of order confirmation (except for cases of delay through the Buyer's fault). The term may be extended by the Seller by notifying the Buyer in the messenger through which communication with the Buyer is carried out;
6.6.4. In case of absence of the Good in the warehouse after placing and paying for the order;
6.6.5. In case of the Buyer's refusal of the Good before its dispatch, if such return was agreed with the Seller.
6.7. To initiate a refund, the Buyer submits a written application (in electronic or paper form) indicating: full name; RNOKPP; order number; reason for return; bank account details (IBAN, bank name) from which the payment was made.
6.8. The Seller considers the application within 5 (five) working days from the moment of its receipt. In case of making a positive decision, the Seller initiates a refund with the bank within 5 (five) working days.
6.9. The actual term for crediting funds to the Buyer's account depends on the issuing bank and can be up to 10 (ten) banking days from the moment of initiating the refund. The Seller can provide the Buyer with confirmation of initiating the refund with the bank, which is proper confirmation of the fulfillment by the Seller of its obligation to refund funds to the Buyer.
6.10. Refunds are made in the same form in which the payment was made (to the same bank card or account) unless otherwise agreed between the Parties in writing.
6.11. In cases where the refund occurs through no fault of the Seller (e.g., refusal of the good without justified grounds or after dispatch), delivery, packaging costs, and payment system commissions may be withheld from the Buyer.
6.12. Refunds under a claim are possible only after inspecting the good and establishing the fact of its manufacturing defect or non-compliance with the order.
6.13. The Seller reserves the right to refuse a refund in case of:
6.13.1. Absence of payment confirmation or order number;
6.13.2. Violation by the Buyer of the conditions of operation or storage of the good;
6.13.3. Failure to provide complete information or documents necessary for the return.
VII. PRODUCT QUALITY WARRANTY
7.1. The Seller guarantees that all goods presented on the site are new and comply with the requirements of the current legislation of Ukraine.
7.2. The expiration date of the Good is indicated on the packaging or label. The Seller is not responsible for the reduction in quality of the Good in case of violation by the Buyer of storage, use, or transportation conditions established by the manufacturer and which may be indicated on the Website.
7.3. Cosmetic products belonging to the category of cosmetics are not subject to return or exchange after opening the packaging, except for cases of manufacturing defects (in accordance with CMU Resolution No. 172 dated March 19, 1994). The fact of a manufacturing defect in each specific case is established by the manufacturer.
7.4. In case of detecting defects or a flaw in the Good, the Buyer is obliged not to use the Good or cease its use and apply to the Website Administration in the manner established by this Agreement for claims.
7.5. The warranty does not apply to:
7.5.1. "Natural" wear and tear of instruments (scissors, nippers, files, etc.);
7.5.2. Damage resulting from improper use, dropping, contact with aggressive substances, or exposure to high temperatures;
7.5.3. Changes in the appearance of the packaging that do not affect the quality of the good itself.
7.6. The Seller reserves the right to update or change warranty terms in accordance with changes in legislation or manufacturer policy.
VIII. CLAIMS
8.1. The Buyer has the right to file a claim against the Seller in case of detecting defects regarding the quality or quantity of the Good (except for cases of shortages or defects of the Good that occurred during transportation of the Good related to the carrier's responsibility).
8.2. Claims regarding the quality of the Good may be filed in writing within 10 (ten) calendar days from the date indicated in the expense invoice, and regarding the quantity of the Good - only upon receipt of the Good. If the Buyer has not filed a claim within the period specified in this clause, they lose the right to file a claim, and the Good is considered accepted by the Buyer of proper quality and in sufficient quantity according to the shipping documents for the Good.
8.3. The Buyer must provide originals of documents proving the content of the claim: originals of acts drawn up with the participation of experts from an independent inspection (expert) organization and two third-party independent persons, originals of waybills and expense invoices, originals of payment documents proving the fact of paying for the cost of the Good, etc.
8.4. The term for responding to a claim is 30 calendar days from the date of its receipt by the Seller. The date of receipt of the claim is considered the date of registration of the claim by the Seller.
8.5. Claims regarding the quality of the Good are considered only in relation to the quantity of the Good held by the Buyer at the time of joint inspection by the Buyer and the Seller, the supply of which is confirmed by expense invoices.
8.6. The Buyer has no right to dispose of or use the Good for which a claim has been filed until the claim is settled with the Seller. The Good cannot be returned by the Buyer to the Seller until the Seller conducts an inspection or gives permission for this, and until the Buyer receives written instructions on transporting the Good.
8.7. In all cases when damage or spoilage of cargo, packaging damage, mismatch of cargo name and weight or number of packages with data specified in the transport or shipping document is established upon acceptance of cargo from the carrier, as well as in all other cases provided for by the rules in force in transport, the Buyer is obliged to demand from the carrier the drawing up of a commercial act or drawing up an act and photographs of cargo damage.
8.8. Claims filed by the Buyer in violation of the requirements specified in cl. 8.1. - 8.3, 8.5-8.7 of this Contract are not accepted for consideration by the Seller.
8.9. The cost of re-weighing the Good, sampling, and other work related to checking the quality and quantity of the Good is fully paid by the Buyer in case of the Buyer's fault, regardless of where this work was performed.
IX. INTELLECTUAL PROPERTY RIGHTS
9.1. Any information about the Good, including, but not limited to, the product description, images of the Good, images or names of the brand (trademark) "RIORNAILS", "DARK BY RIOR", any text, images posted on the Website belong to the Website Administration and are objects of intellectual property rights, protected by the intellectual property legislation of Ukraine, as well as relevant international treaties and conventions. Any use of texts, elements, symbols, texts, graphic images, programs, and other objects included in the Website without the permission of the Website Administration is illegal and may cause litigation and bringing violators to civil, administrative, and criminal liability in accordance with the legislation of Ukraine.
9.1.1. The Website Administration confirms that it does not own intellectual property rights to Goods that are objects of intellectual property rights of another entity.
9.2. When citing materials of the Website, including protected copyright works, a reference to the Website is mandatory.
X. LIABILITY
10.1. The User of the Website undertakes not to commit any actions that violate the legislation of Ukraine, norms of international law, and actions that may disrupt the normal functioning of the Website. The Website Administration has the right to demand from the User compensation for losses caused in connection with the violation of this clause. The preliminary amount of losses is determined in accordance with a certificate drawn up by the Website Administration.
10.2. Any disputes are subject to resolution through negotiations. If the Parties fail to resolve the dispute through negotiations, such dispute is subject to resolution in the courts of Ukraine in accordance with the legislation of Ukraine.
10.3. All claims regarding the Good must be sent to the Seller. The Website Administration bears no responsibility to Buyers for the execution of Orders by Sellers and related issues, including, but not limited to:
10.3.1. Compliance of the Proposal terms with the actual conditions of sale of Goods (except for cases when the Website Administration is the Seller);
10.3.2. Absence of the Good;
10.3.3. Delay in delivery of the Good;
10.3.4. Quality of the Good (except for cases when the Website Administration is the Seller);
10.3.5. Proper fulfillment of warranty obligations by Sellers and/or manufacturers of the Good.
10.4. The terms specified in the Proposal are preliminary terms for purchasing the Good. The terms of the Proposal may be changed by Sellers, including after accepting the Order for execution. Specific conditions of sale of the Good may be determined and changed by Sellers until the moment of transferring the Good to the Buyer/Recipient.
10.5. In case of aging of materials (including the terms of the Proposal) on the Website, the Website Administration is not obliged to update them. The Website Administration under no circumstances bears responsibility for any losses (including, but not limited to, loss of profit, data, or business interruption, etc.) arising from the use, inability to use, or results of use of this Website.
10.6. The Seller's liability for changes in the terms of purchasing the Good compared to those indicated in the Proposal is limited to the fact that the Buyer has the right to refuse to purchase the Good and demand a refund of the funds paid for it (if paid, excluding funds spent on the delivery of the Good, including return delivery).
10.6.1. In any case, the Parties have agreed that the amount of any losses (both material and non-material) that may be paid to the User in connection with the violation of their rights when using the Website, in accordance with Art. 22 of the Civil Code of Ukraine, must be reduced to 100 (one hundred) hryvnias.
10.7. Responsibility for money transfers made by Payers lies entirely with banks and payment systems whose services the Payer decided to use. The Seller assumes no responsibility for the actions of processing centers. When paying for an order by bank card, payment processing (including card number entry) takes place on a secure page of the processing system. This means that confidential data (card details, registration data, etc.) of the Payer are not received by the Seller or the Website Administration, their processing is completely protected, and no one can obtain the Payer's personal and bank details. When working with card data, the information security standard developed by international payment systems Visa and MasterCard - Payment Card Industry Data Security Standard (PCI DSS) is applied, which ensures secure processing of the Payer's bank card details. The data transmission technology used guarantees security in transactions with bank cards through the use of Secure Sockets Layer (SSL) protocols.
10.8. For Goods for which a warranty period is established, warranty obligations apply in accordance with the conditions specified in the manufacturer's informational materials. If, in accordance with the legislation of Ukraine, a warranty period must be established for the Good, but it is not established by the manufacturer, the warranty period for such Good is considered equal to three calendar days.
10.9. The User is responsible for the accuracy of the data specified in the Order form. If the data in the Order is incorrectly (erroneously) specified and this led to additional expenses of the Seller associated with delivering the Good to the wrong address or issuing the Good to an inappropriate Recipient, all related losses and expenses are borne by the Buyer in full. The Seller has the right to withhold the amount of such losses or expenses from amounts paid by the Payer as payment for the Good (to perform a set-off of counter-claims).
10.10. The Website Administration is not responsible for the performance of equipment on which the Website is hosted, availability of the Website, operation of data transmission channels, and other technical means for Users to access the Website. The Website Administration is not responsible for visiting and using external resources by the User, links to which may be contained on the Website.
10.11. The Seller is not responsible for the actions of the Delivery Service, including transportation terms, safety of the Good, changes in the cost of Delivery Service services, as well as other actions/omissions of the Delivery Service.
10.12. By registering on the Website, the User agrees to provide reliable and accurate information about themselves and their contact details. As a result of registration, the User receives a login and password to enter the Personal Account, for the security of which the User is responsible. The User is also responsible for all actions under their login and password on the Website. In case of loss of registration data, the User undertakes to immediately notify the Website Administration. The Website Administration has the right to send informational messages to the User's addresses specified in the Personal Account/Order. In case of the User's refusal to receive the newsletter, the Website Administration undertakes to cease such mailing to the User.
10.13. The User understands that the image of the Good on the Website may differ from the Good that will be sent to the Buyer. In this regard, the Buyer/Recipient is obliged to perform the actions provided for in cl. 4.5. of the Agreement, and in case of non-fulfillment, bear the risk of consequences provided for in cl. 4.5.1. of the Agreement.
10.14. The Website Administration does not bear any responsibility for errors and typographical inaccuracies that may be found in the Proposal and other materials contained on the Website. All information, Proposal, and materials are provided on an "AS IS" basis, without warranties, either express or implied.
10.15. The Buyer agrees that all materials, Proposals, and services of the Website may be accompanied by advertising. Sellers and the Website Administration bear no responsibility and have no obligations in connection with such advertising.
10.16. The User/Buyer consents to the recording of their conversation with the Seller or Website Administration in order to improve the quality of service, Goods, or the Website.
XI. FINAL PROVISIONS
11.1. The Agreement and Contract are valid until the full fulfillment of obligations by all Parties.
11.2. The User consents to the use, processing, and transfer of their personal data in accordance with the current legislation of Ukraine. By accepting the terms of the Agreement, the User also confirms that they are familiar with and agree to the Privacy Policy of the Website, the terms of this Agreement, as well as the cookie policy.
11.3. The User consents to receiving electronic messages to the email address specified by them and/or via mobile communication means and/or via messengers (WhatsApp, Telegram, Viber, etc.) linked to the phone number specified by the User in the Order, offer, application, or other document or provided to the Delivery Service. Such messages are considered proper informing of the User.
11.4. The current version of the Agreement is available at the web link https://darkbyrior.ua/en/terms-of-use-for-darkbyriorcom. The Agreement may be changed by the Website Administration without prior notice to the User. The User is considered notified of the new edition of the Agreement after its publication on the Website. Continued use of the Website by the User (any further interaction with the Website) means their consent to the changes in the Agreement.
11.5. The Website Administration has the right at any time to refuse use of the Website to any User.
11.6. The Website Administration has the right unilaterally, without notifying the User, to cancel their account (Personal Account) if it has not been used for more than 12 consecutive calendar months.
11.7. The Buyer agrees that Sellers are separate business entities not controlled by the Website Administration. The Buyer also accepts that the Website Administration has no authority regarding the acceptance and execution of the Order, as well as obligations arising after the sale of the Good, except for cases when the Website Administration acts as the Seller.
11.8. All relations arising from this Agreement in connection with its conclusion, interpretation, execution, or termination are governed by the law (legislation) of Ukraine.
11.9. Recognition by a court of any provision of the Agreement as invalid does not indicate the invalidity of other provisions of the Agreement.
11.10. In case of discrepancies between the text of the Agreement in different languages, the text of the Agreement in Ukrainian shall prevail.