The User Agreement is a public offer (one-side arrangement) to an unlimited number of persons to conclude a contract with the Seller for the sale of goods (further is Agreement) remotely on terms and conditions contained in this Agreement.
1. General provisions
1.2 The agreement is concluded between the Seller and the User at the moment of registration by the User of payment of the order on the trading floor of the online store ONLYWAY and determines all the essential conditions for the purchase of the Goods. The agreement can be accepted (accepted) by any person who will make payment for the goods.
1.3 The contract is considered concluded from the moment of receipt of money resources in full on the account of the Seller.
1.4 The Agreement can be changed by the Seller unilaterally without notification to the User / Buyer. The new version of the Agreement comes into force from the moment of its publication on the website of the Seller.
1.5 The term of the Agreement is not limited.
2. Subject of the agreement
2.1 The seller carries out the sale of the Goods through the service of the trading ground of the online store «ONLYWAY GBR Ltd».
2.2 The agreement covers all types of Goods and services currently on the Internet store.
3. Registration on a web-site
3.1 Registration on Web-site takes place trough by means of the User entering personal data into the registration form. The user provides the following data: Surname, Name, Patronymic, contact phone number, e-mail address, delivery address of the goods.
3.2 By registering on the Site, the User confirms thereby his acceptance of the terms of the purchase set out in the Agreement. The user can not change the terms of the Agreement. In case of disagreement with the terms of the Agreement, the User can not be considered a Buyer.
3.3 The Seller is not responsible for the accuracy and correctness of the information provided by the User / Buyer during registration.
3.4 The User undertakes not to disclose to the third parties the login and password specified during registration. In the event that the User has suspicions regarding the security of his login and password or the possibility of their unauthorized use by third parties, the User is obliged to immediately notify the Seller about this by sending a properly issued letter.
3.5 The interaction of the User / Buyer with the Seller’s representatives should be based on the principles of generally accepted morality and communication etiquette. It is strictly forbidden to use obscene words, abuse, abusive language, and threats and blackmail, no matter in what form and to whom they were addressed.
4. The goods and the order of fulfillment of purchase
4.1 A customer processes order in accordance with the formindicated on a trade ground in the internet shop of ONLYWAY.
4.2 The Seller provides the Buyer with reliable information about the Goods, including information on the main consumer properties and the warranty period of the Goods. Descriptions and characteristics of the Goods do not pretend to be maximally informative and may contain inaccuracies and misprints. The photos of the Goods are simple illustrations and may differ from the actual appearance of the Goods. Information about the availability of the Goods presented in the Internet store is updated periodically.
4.3 In the absence of ordered and paid by the Buyer of the Goods in the warehouse of the Seller, the Seller has the right to exclude the specified Goods from the Order, or to cancel the Buyer’s Order or offer reasonable terms of delivery, notifying the Buyer about it by sending an electronic message.
4.4. In case of the cancellation of a fully or partially prepaid Order / Goods, the amount received for a canceled Goods is returned by the Seller to the Buyer in the same volume and manner as the Goods were paid for or otherwise at the discretion of the Seller. The costs associated with the transfer of the party’s money are borne by itself.
4.5 In the absence of the Goods ordered by the Buyer, the Seller has the right to offer the Buyer a similar Product with different characteristics. In this case, this Agreement shall be deemed concluded on new terms of purchase of the Goods.
4.6 After processing order on Website Customer getsinformation about the supposed date of delivery by directionof electronic report to
address indicated by Customer during registration, or by phone. The seller specifies the details of the Order, agrees the delivery date, which depends on the availability of the Goods in the Seller’s warehouse and the time required to process and deliver the Order.
4.7 The buyer bears full responsibility for providing incorrect information, which resulted in the impossibility of the Seller’s proper performance of his obligations.
4.8 The goods in the Internet store are of a quality and suitably packed for further transportation, including relevant documents (certificates, etc.).
5. Delivery of the order
5.1 The methods of delivery of Commodities are indicated onWeb-site in a division «Delivery».
5.2 The delivery of the goods presented in the online store is carried out within the limits of postal opportunities on the basis of contracts concluded with third parties carrying out the delivery of the goods to the buyer.
5.3 Specific delivery times are agreed with the Buyer when completing or confirming the Order. The date of transfer of the Goods may be changed by the Seller unilaterally due to unforeseen circumstances that occurred not through the fault of the Seller.
5.4 Upon delivery, the Order shall be delivered to the Buyer and may also be delivered to third parties, namely: to the person whom the Buyer has specified in the Order as its recipient upon presentation of the passport, or to a person who can provide a power of attorney and a copy of the recipient’s passport specified by the Seller in the Order Hereinafter referred to as the Recipients). The order must be paid by the above mentioned persons in full.
5.5 In order to avoid fraud, as well as to fulfill the obligations mentioned in clause 5. of this Agreement, when delivering a paid Order, the Seller has the right to request a document certifying the identity of the Buyer / Recipient, as well as the type and number of the receipt for the Order. The Seller guarantees the confidentiality and protection of the personal data of the Buyer / Recipients (paragraph 9.3.).
5.6 The risk of accidental damage or loss of the Goods passes to the Buyer from the moment of transferring the Order to him and affixing the Buyer / Recipients of the signature in the documents confirming the delivery of the Order. If the Order is not delivered due to the fault of the Seller, the Seller refunds to the Buyer the cost of the Order paid by the Buyer in full after receiving confirmation of the loss / damage of the Order from the Delivery Service.
5.7 The cost of delivery of each Order is calculated individually, based on information about the weight and cost of the Goods, region and method of delivery, as well as (if necessary) the form of payment, and is indicated on the Site in the process of completing the Order. Delivery can be absolutely free within the limits of the action specified on a site.
5.8 The duty of the Seller to transfer the goods to the Buyer, the Buyer is obliged to accept and pay for the goods, the order is considered executed at the moment of transfer of the goods to the postal service to the courier. Buyer / Recipient or receipt of the Goods by the specified persons in the post office, or at a pre-agreed place of issue of the Order (including at the point of self-delivery).
5.9 Upon acceptance of the Order from the Courier, the Buyer / Recipients are obliged to inspect the delivered Goods and check it for compliance with the declared quantity, assortment and completeness of the Goods, and also check the integrity of the package. In the absence of claims to the delivered Goods, the Buyer / Recipients in the «Order Delivery Form» or other similar document provided by the Courier shall pay the Order (in the absence of a 100% prepayment). The signature of these persons in the delivery documents shows that the Buyer / Recipient has not claimed any claims to the Goods and the Seller has fully and properly fulfilled its obligation to transfer the Goods.
5.10 The period of the Courier’s stay at the address of the Recipient is limited to 5 minutes.5.11 The Buyer agrees that the delivery is not an integral part of the Purchased Goods, the performance of this service ends when the Goods are received by the courier of the postal service and payment is made for it. Acquisition of the Goods with delivery does not give the Buyer the right to demand the delivery of the purchased Goods for warranty service or replacement, does not provide an opportunity to carry out warranty service or replace the Goods by leaving the Buyer and does not imply the possibility of returning the cost of delivery of the Goods.5.12 Claims to the quality of the Purchased Goods that arose after the receipt and payment of the Goods are considered in accordance with the Seller’s warranty obligations, except for the shares published on the site at the time of payment of the goods.
6. Payment for goods
6.1 The price of the Goods is indicated in Euros and includes the value added tax.
6.2 The price of the Goods may be differentiated by region. The Seller has the right to change the price of the Goods unilaterally. In the event that the Order has been paid and the price for the purchased / issued Goods has changed, the Seller informs the Buyer thereof to confirm the Order at the corrected price or cancel the Order. If it is not possible to contact the Buyer, the Order is considered to be canceled. Upon cancellation of the Order, the Seller returns to the Buyer the amount paid for the Order in the same way as it was paid or otherwise at the discretion of the Seller.
6.3 Features of payment of the Goods:
6.3.1 In accordance with the payment system, which provides tools for payment for goods using payment cards and electronic money, transactions on bank cards are made by the card holder or by a person authorized by him. Payment can be made in any accessible way using the integrated payment system on the website of the Seller.
6.3.2 Authorization of transactions using electronic / digital money, including bank cards, is carried out by the bank / payment system. If the bank has reason to believe that the transaction is fraudulent, then the bank has the right to refuse to carry out this operation, the payment system will not accept a suspicious payment.
6.3.3 In order to avoid cases of various kinds of misuse of bank cards in payment, all orders placed on the Site and paid for are checked by the Seller. In order to verify the identity of the owner and his eligibility for using the card, the Seller has the right to demand from the Buyer who issued the Order the presentation of an identity document.
6.4 The seller has the right to provide discounts on the Goods and install a bonus program, to conduct shares, including on a no-charge basis (without payment). Shares, types of discounts, bonuses, procedure and terms of accrual are determined by the Seller independently and can be changed by the Seller unilaterally.In the case of an action when a discount / bonus is applied, the recalculated value of the Goods includes the balance of funds, such a value of the Goods shall be rounded down to a multiple of 1 (One).
6.5 When delivering the goods, the total value of the Goods is subject to an increase in the cost of delivery in the amount indicated in the «Basket» tab when completing the Order, except for the action «free delivery around the world», in which case the goods are delivered free of charge (without payment of shipping costs of the postal service) However, the buyer has to pay taxes and customs fees at his own expense.
6.6 The seller keeps statistics of the orders purchased by the Buyer. The Seller has the right to unilaterally determine the payment methods available to the relevant Buyer, based on the statistics of actions taken by the Buyer in the relationship with the Seller.
7. Return of goods and money
7.1 Return of the Goods is carried out in accordance with the «Return Conditions» indicated on the Site, with the exception of the valid promotion «indisputable return» at the time of payment of the goods.
7.2 Return of the Goods of appropriate quality:
7.2.1 Goods of appropriate quality are returned and exchanged under the law in force at the time of return or exchange.
7.3. Return of the Goods of improper quality:
7.3.1. Under the goods of inadequate quality is meant a product that is defective and can not provide the performance of its functional qualities. The received Goods must correspond to the description on the Site. The difference in design or design elements from the description on the Site is not a sign of inadequate quality.
7.3.2. The appearance and completeness of the Goods, as well as the completeness of the entire Order, must be checked by the Buyer / Recipients at the time of delivery of the Goods. The Buyer / Recipient, when taking the Goods, marks the delivery receipt in the column: «The order has been accepted», or in another similar document stipulating the Buyer / Recipients to note that there are no claims to completeness, quantity and quality of the Goods.
7.3.3 Claims for the return of the monetary amount paid for the goods are subject to satisfaction within 30 days from the date of presentation of the relevant demand.
7.4 Refunds are made by returning the value of the paid Goods to the bank account by bank transfer to the extent that the Seller received.
8.1 The Seller shall not be liable for any damage caused to the Buyer as a result of improper use of the Goods.
9. Confidentiality and protection of information
9.1 The personal data of the User / Buyer shall be processed in accordance with the applicable legislation in the territory of the Seller.
9.2 When specifying its personal data when registering on the Site, the User / Buyer agrees to use the data specified by the Seller and third parties involved in fulfilling obligations to the User / Buyer, including for transferring the order to the delivery and other other information directly related to the performance Obligations of the Seller within the framework of this Agreement, as well as customer support, promotion of goods and services by the Seller, electronic and sms surveys, marketing results monitoring Shares, raffles, prizes among Users / Buyers, control of the User / Buyer’s satisfaction with the quality of services provided by the Seller.
9.3 The use of personal data means any action (operation) or a set of actions (operations) performed using automation tools or without using such means with personal data, including collection, recording, systematization, accumulation, storage, updating (updating, modification) extraction , Use, transfer (including transfer to third parties, not excluding transboundary transfer, if the need arose in the course of performance of obligations), depersonalization, blocking, removal, uni tozhenie personal data.
9.4 The Seller has the right to send information, including advertising messages, to the User’s / Buyer’s e-mail and mobile phone with his consent, expressed through his actions, uniquely identifying this subscriber and allowing to establish reliably his will to receive the message. The User / Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal by informing the Seller of his refusal by sending the relevant application to the e-mail address of the Seller.
9.5 Service messages informing the User / Buyer about the order and the stages of its processing are sent automatically and can not be rejected by the User / Buyer.
9.7 The Seller is not responsible for the information provided by the User / Buyer on the Site in a public format.
9.8 The Seller has the right to record telephone conversations with the User / Buyer. At the same time, the Seller undertakes: to prevent attempts to unauthorized access to information obtained during telephone conversations and / or transfer it to third parties not directly related to the execution of Orders.
9.9 The User / Buyer refuses to process personal data by canceling the acceptance of this Agreement or directly by sending a written application to the address of the Seller.
10. Additional conditions
10.1 The online store and the services provided may temporarily be partially or completely inaccessible due to preventive or other works, or for any other technical reasons. The Technical Service has the right to periodically conduct the necessary preventive or other works without prior notice to the Buyers.
10.2 The applicable law within the jurisdiction of the Seller applies to the relationship between the User / Buyer and the Seller.
10.3 In case of questions and complaints from the User / Buyer, he must apply to the Seller in writing with proper registration of the application including documents and facts. The parties will try to resolve all disputes arising by negotiation, if the agreement is not reached, the dispute will be referred to the judicial body at the location of the Seller.
10.4 The court’s recognition of the invalidity of any provision of the Agreement does not entail the invalidity of the remaining provisions.
11. Other conditions
11.1 The user / purchaser confirms that he / she is legally capable and has reached the age required in accordance with the legislation for the performance of transactions provided for in these Terms.
11.2 In the framework of the user agreement, this public offer warns Buyers about the punishability of consumer extremism and explains the illegality of abuse of consumer rights in relation to the Seller, open or hidden actions / motives may be regarded as fraud and improper tools for enrichment, such persons will be prosecuted.
11.3 This consumer agreement governs commercial relationships, the agreement between the seller and the buyer and can not be regarded as fraudulent carriers intentional fraud.
11.4 The terms of the public offer describe certain legal rights, but you may have additional rights under the laws of your country. This agreement does not change your rights under the laws of your country, but regulates and clarifies the rules agreed between us. If any interactions are not allowed by the laws of your country, then you are obliged to comply with them, without violating our agreements.
ONLYWAY GBR Ltd | Company number 8491764 | 88 Wood Street, London, EC2V 7RS | United Kingdom (UK) | E-mail: firstname.lastname@example.org | PHONE: +44(0)20-3519-8779 London