User Agreement
Attention!
Please read these terms and conditions carefully before browsing this website. If you do not agree to these terms, do not use this website. The use of this website, including filling out various forms, applications, as well as ordering goods/services using this website, means your acceptance of the terms of this Agreement.
Terms used in this User Agreement:
Administration – the administration of the website of the online store https://dcac.group/ DC LINK EAST LIMITED LIABILITY COMPANY, identification code 44577747.
Contact details:
Location (correspondence address): 43, Saltivske Shose, Kharkiv, Kharkiv region, 61038.
Tel.: +38 (098) 219-81-20
E-mail: dclink.east@gmail.com
Website – the website of the online store https://dcac.group/ including all web pages; the owner of the online store is DC LINK EAST LIMITED LIABILITY COMPANY, identification code 44577747, Location: 43, Saltivske Shose, Kharkiv, Kharkiv region, 61038.
Agreement – this User Agreement.
Seller – a legal entity or an individual entrepreneur who posts information on the Website about the goods they sell and the services they offer. The Seller may be either the Administration or any person who has been authorized by the Website Administration to post information about such person's goods/services. The name of the Seller shall be indicated in the documents for the transfer of the Goods to the Recipient (in the acceptance certificate or other documents confirming the fact of transfer of the Goods to the Recipient).
Goods – goods, services, works, property rights, other tangible and intangible objects, information about which is posted on the Website.
User (Consumer) – a Consumer who browses the information on the Website and/or orders and/or receives the Goods using the Website tools. The Recipient and the Payer are Users.
Order – the User's request through the Website to the Seller to sell the Goods, as well as a set of Goods ordered by the User.
Payer – the person who pays for the Order.
Recipient – the person specified by the Payer as the one authorized to receive the Goods in accordance with the Order. Unless otherwise specified in the Order form, the Recipient is the Payer.
Offer – information posted on the Website about a specific Goods that can be purchased by the Consumer. The Offer includes: information about the Goods themselves, information about their price, payment and delivery methods, as well as other conditions for the purchase of the Goods by the Consumer. The terms of the Offer are determined by the Seller. The Offer is not an offer, but only information about possible conditions for the purchase of the Goods.
1. General terms of use of the Website.
1.1. The Website is a platform for posting offers for the sale of Goods by Sellers and the Administration.
1.2. This Agreement is a public offer. By accessing the materials of the Website, the User thereby joins this Agreement.
1.3. The Website Administration has the right to unilaterally change the terms of this Agreement at any time. Such changes shall come into force from the moment the new version of the Agreement is posted on the Website.
1.4. The Offer on the Website is not an offer. However, the User, after familiarizing himself with the Offer, has the right to make an offer to the Seller(s) by filling out the Order form. Filling out the Order Form is considered an offer of the User to the Seller (Sellers) for the purchase of the relevant Goods by the User on the terms specified in the Offer.
1.5. The User understands that his/her offer is redirected by the Administration to the Seller selected by the Administration. This provision in no way means that the Administration acts as an agent of the Seller and/or is responsible for the fulfillment of the Order by the Seller.
1.6. The Offer shall be deemed accepted by the Seller if the latter has taken actions that indicate acceptance of the User's offer, namely: actually shipped the goods, started providing services or performing work in accordance with the conditions provided for in the User's offer.
1.7. Upon receipt of the User's offer, the Seller has the right to offer to purchase the Goods on terms other than those provided for in the User's offer. In this case, such an offer is considered a counter offer and must be accepted by the User. Acceptance of a counteroffer is considered to be the actual receipt by the User (Recipient) of the Goods on the terms stipulated by the counteroffer. The Seller has the right to withdraw such a counteroffer until the goods are delivered to the Buyer.
1.8. Sufficient evidence of acceptance of the offer by the Seller or a counteroffer (i.e., the Parties' agreement on all essential terms of sale of the Goods) is the actual receipt and acceptance of the Goods by the Recipient.
1.9. The Seller's acceptance of the User's Offer shall not be deemed to be the sending by the Seller and/or the Administration by means of electronic (SMS, e-mail, telephone, etc.) or other communication of a message from the Seller/Administration about the receipt of the User's Order and/or the terms of its receipt and/or the price of the Goods. This message is exclusively a notification of receipt by the Seller of the User's offer (but not of its acceptance) and reproduces the terms of the offer provided by the User.
1.10. The only means of compensation provided to the User in case of non-compliance of the actual terms of sale with the offer is to grant the User (Recipient) the right to refuse to receive and accept the relevant Goods and to demand a refund of the price paid for it, as well as the cost of delivery of the Goods to the point of delivery (if the amounts were actually paid by the Payer). The Recipient shall have the right to exercise this right until the documents confirming receipt of the Goods (in particular, the carrier's documents on the delivery of the shipment with the Goods to the Recipient) are signed.
1.11. The moment of receipt and acceptance of the Goods by the Recipient is the moment (depending on which has come earlier):
signing by the Recipient of the act of acceptance and transfer of the Goods (or other document of equivalent content confirming the fact of transfer of the Goods to the Recipient), or
signing by the Recipient of the carrier's documents confirming the receipt of the shipment containing the Goods, or
the actual receipt of the Goods by the Recipient and the Recipient's actions indicating acceptance of the Goods (the Recipient received the Goods and left the point of delivery of the Goods, etc.).
1.11.1. The moment of receipt and acceptance of the electronic activation key is the moment of receipt of an SMS message with the activation code to the phone number specified by the Payer (message to a mobile phone number or Viber), unless the Recipient declares in writing or orally (by the numbers of remote communication means for cooperation indicated on the Site in the Contacts section https://dcac.group/contactus (the cost of calls according to the tariffs of the operator of the person making the call) that he/she has not received a message with the activation code within 5 hours from the moment of payment.
1.12. The Seller may organize marketing and other promotions to popularize the Website and increase the demand for the Goods. By ordering the Goods on the Website, the User agrees to participate in all promotions that the Seller has at the time of ordering the Goods, unless otherwise provided by the terms of the promotion. The User undertakes to familiarize themselves in detail with all the terms and conditions of the promotion that are valid at the time of ordering. Detailed information is available on the Website in the “PROMOTIONS” section. The User who does not wish to participate in the current promotions shall clearly indicate when placing an order that he/she does not wish to participate in the current promotions. Such a User will be sold goods without promotional conditions.
1.13. Goods information.
1.13.1. Information about the Goods is contained on the Goods, their packaging, in the shipping documents for the Goods. Information about the Goods may also be provided remotely (by phone, by posting information about the Goods on the Website). The User confirms his/her consent to receive information about the Goods by means of remote communication indicated on the Website in the Contacts section https://dcac.group/contactus (the cost of calls according to the tariffs of the operator of the person making the call).
1.13.2. Upon receipt of the Goods, prior to signing the documents confirming receipt of the Goods, the Recipient is obliged to familiarize himself/herself with the information about the Goods contained on the Goods and/or its packaging and/or in the shipping documents. If it is necessary to obtain additional information about the Goods, the Recipient shall contact the Seller and obtain the necessary information by means of remote communication before the Recipient accepts the Goods.
1.13.3. The price of the Goods specified in the Offer is indicative. The price of the Goods agreed by the Parties in accordance with paragraphs 1.4 - 1.8. of the Agreement, may be changed by the Seller until the Goods are delivered to the Recipient.
1.13.4. Should the price of the Goods change compared to the price agreed by the Parties in accordance with paragraphs 1.4 - 1.8 the Recipient has the right to refuse to receive and accept the Goods. In this case, the Recipient (Payer) has the right to demand a refund of the funds paid for the Goods, as well as the funds paid for the delivery of the Goods to the Recipient. Any other compensation (including damages, penalties, etc.) shall not be provided by the Seller or the Administration.
1.14. Limitation of liability.
1.14.1. The Website is a platform for placing Offers by Sellers. In this regard, the Administration (unless the Administration is the Seller) shall not be liable to the Users (Payers, Recipients) for the fulfillment of the Order by the Sellers and related issues, in particular, but not exclusively: for the compliance of the terms of the Offer with the actual terms of sale of the Goods, for the absence of the Goods, for the delay in delivery of the Goods, for the quality of the Goods, for the proper fulfillment of warranty obligations by the Sellers and/or manufacturers, etc.
1.14.2. The terms and conditions specified in the Offer are the preliminary conditions for the purchase of the Goods. The terms of the Offer may be changed by the Sellers also after acceptance of the Order for execution. The specific conditions for the sale of the Goods by the Sellers may be determined and changed by the Sellers until the transfer of the Goods to the Recipient.
1.14.3. Should the materials (including the terms of the Offer) on the Website become outdated, the Administration does not undertake to update them. The Administration shall under no circumstances be liable for any damages (including, but not limited to, damages from loss of profit, data or business interruption) arising from the use, inability to use or results of the use of this Website.
1.14.4. The Seller's liability for changes in the terms of purchase of the Goods compared to those specified in the Offer is limited to the fact that the Recipient (User, Payer) has the right to refuse to purchase the Goods and demand a refund of the funds paid for them (if any).
1.14.5. In any case, the amount of damages (both pecuniary and non-pecuniary) that may be paid to the User (Payer, Recipient) in connection with the violation of his rights when using the Website (in particular, in connection with the non-fulfillment of the Order or its improper fulfillment, other violations of the User's rights) in accordance with Article 22 of the Civil Code of Ukraine is limited to ten hryvnias.
1.14.6. The Goods that have a warranty period shall be subject to warranty obligations in accordance with the conditions specified in the warranty certificate and/or in the manufacturer's information materials. If, in accordance with the legislation of Ukraine, the Goods must have a warranty period, but it is not established by the manufacturer, the warranty period for such Goods is 3 days.
1.14.7. The User is responsible for the accuracy of the data specified in the Order form. In case the inaccurate (incorrect) indication of data in the Order has led to additional costs of the Seller related to the delivery of the Goods to the wrong address or the delivery of the Goods that do not belong to the Recipient, all related losses and expenses shall be borne by the User. The Seller has the right to deduct the amount of such losses or expenses from the amounts paid by the Payer as payment for the Goods (to offset counterclaims).
2. Obligations of the parties.
2.1. The User undertakes to read this Agreement carefully. In case of disagreement with its terms, the User undertakes to immediately stop using the Website.
2.2. The User agrees not to take any actions that may be considered as a violation of Ukrainian legislation or international law, in particular, in the field of intellectual property, copyright and/or related rights, as well as any actions that lead or may lead to a violation of the normal operation of the Website and its services.
2.3. The use of the materials of the Website without the consent of the copyright holders is not allowed. For the legitimate use of the materials of the Website, it is necessary to conclude license agreements (obtain licenses) with the copyright holders.
2.4. When quoting the materials of the Website, including protected copyrighted works, a link to the Website is required.
2.5. Comments and other entries of the User on the Website shall not contradict the requirements of the legislation of Ukraine and generally accepted norms of morality and ethics.
2.6. The User is warned that the Website Administration is not responsible for visiting and using external resources, links to which may be contained on the Website.
2.7. The User accepts the provision that all materials and services of the Website or any part thereof may be accompanied by advertising. The User agrees that the Website Administration is not responsible and has no obligations in connection with such advertising.
2.8. The User understands that the Sellers are separate business entities that are not under the control of the Administration. The User realizes that the Administration does not have any authority to influence the fulfillment by the Sellers of their obligations to accept and/or fulfill the Order, as well as obligations arising after the sale of the Goods.
3. The procedure for exchange and return of the Goods by the Recipient (User, Payer).
3.1. The exchange and return of goods (including upon termination of the purchase and sale agreement) in accordance with the Law of Ukraine "On Protection of Consumer Rights" may be carried out at the following address:
43, Saltivske Shose, Kharkiv, Kharkiv region, 61038
+38 (097) 700 1640
+38 (097) 018 8334
MON-FRI: 09:00 - 18:00,
SAT-SUN: day off
In particular, the user is also obliged to properly and securely pack the shipment, both inside and outside, so that the goods are not damaged during transportation.
3.2. Upon receipt of the Goods by mail, such Goods may be returned (including upon termination of the purchase and sale agreement) to the following address:
43, Saltivske Shose, Kharkiv, Kharkiv region, 61038
+38 (097) 700 1640
+38 (097) 018 8334
Payer: 3rd party by bank transfer.
Delivery: Warehouse – Door.
The user is also obliged to properly and securely pack the shipment inside and outside so that the goods are not damaged during transportation.
The details of the exchange or return in all cases of exchange or return are agreed in advance (before sending the goods) by means of remote communication (the cost of calls according to the tariffs of the operator of the person making the call):
+38 (097) 700 1640
+38 (097) 018 8334
MON-FRI: 09:00 - 18:00,
SAT-SUN: day off
Details of exchange or return in all cases of exchange or return are agreed in advance as follows:
1. by contacting the call center by phone:
+38 067 4900395 (according to the tariffs of your operator)
MON-FRI: 09:00 - 18:00,
SAT-SUN: day off
2. by contacting the Returns Department by phone or via Viber:
Phone: +380676720877,
Viber: +380675720683 (according to the tariffs of your operator)
MON-FRI: 09:00 - 18:00,
SAT-SUN: day off
3.3. When exchanging or returning the Goods, they must be sent in their complete set, with the following documents attached:
- Application for exchange or refund, indicating the reasons for the exchange or refund;
- Acceptance certificate / invoice / check from the Seller (a document confirming the fact of purchase of the goods);
- Warranty Certificate.
3.4. In case the User (Consumer) sends the goods (which were purchased through the website and the terms of the Seller provide for the possibility of sending such goods to the latter by targeted delivery to the address: 43, Saltivske Shose, Kharkiv, Kharkiv region, 61038, for the organization of warranty service) without a duly executed written application with the requirements, it is considered that such goods are sent for the purpose of transferring the latter to the service center for diagnostics and maintenance (elimination of the defect). In this case, the original warranty certificate for the goods and the payment document are required.
3.4.1. The procedure set forth in this paragraph is valid if the Seller's terms and conditions provide for the possibility of returning the goods to the address: 43, Saltivske Shose, Kharkiv, 61038, including for the organization of warranty service. If the User (Consumer) sends the goods during the warranty period to the above address without a duly executed written application with the requirements, it is considered that such goods are sent for the purpose of transferring the latter to the service center for diagnostics and maintenance (elimination of the defect). In this case, the original warranty certificate for the goods and the payment document issued by the Seller shall be required. The exception is the return of the goods within fourteen days from the date of purchase.
3.4.2. Should the User (Consumer) send such goods to the above addresses with a request for a refund or exchange of goods in accordance with the provisions of Article 8 of the Law of Ukraine "On Consumer Protection" without documents confirming the existence of a material defect in the goods (in the presence of the original warranty certificate and payment document issued by the Seller), it is considered that the User (Consumer) agrees to the transfer of such goods to an authorized service center to determine the existence of a material defect in the goods. If such goods are sent on the basis of the provisions of Article 9 of the Law of Ukraine "On Protection of Consumer Rights" with a request for exchange of goods or refund of money referring to the defect in the operation of the goods, it is considered that the User (Consumer) agrees to transfer such goods to an authorized service center to find out if there is a significant defect in the goods. If the existence of a significant defect is not confirmed by the authorized service center, it is considered that the User (Consumer) agrees to eliminate the identified defect free of charge (subject to confirmation of the warranty case). Service period: 14 days from the date of receipt of the goods by the authorized service center and 10 days for transportation, unless otherwise agreed in writing with the User (Consumer) and the Seller.
3.4.4. To minimize the risks of accidental damage to the goods during shipment to the Seller, the User (Consumer) must, before such shipment, describe the appearance of the goods together with the carrier's representative by drawing up a corresponding act. If it is necessary to clarify problems in the operation of the goods, information about the existing defect may be clarified by telephone with the Consumer.
3.4.5. The Consumer agrees to receive electronic messages regarding the consideration of his/her appeal to the e-mail specified by him/her and/or by means of mobile communication and/or by means of messengers (WhatsApp, Telegram, Viber), which are linked to the phone number specified by the Consumer (User) in the application or other document. Such messages are considered to be proper notification of the Consumer.
3.4.6. The exchange and return of goods of good quality is carried out by the Seller in compliance with the requirements of Article 9 of the Law of Ukraine "On Protection of Consumer Rights":
No more than 14 days have passed since the purchase of the goods
The goods were not in use and are not on the list of goods that cannot be exchanged or returned, its marketable condition and consumer properties are preserved
an Acceptance Certificate and an expense invoice (a document confirming the purchase of the goods) were provided
When applying, the Consumer must also provide an identity document, identification number (RNOKPP), bank details for transferring funds (if payment was made by bank card).
In case of disputes when returning the goods of good quality, in particular, regarding the goods being in use, the Consumer agrees that at the Seller's request the goods shall be transferred to the service center for diagnostics. The service center shall provide a conclusion on compliance with the requirements of Article 9 of the Law of Ukraine "On Consumer Protection", such as: the goods being in use, as well as compliance with other requirements that may be certified by the service center.
3.5. The User (Consumer) is obliged to inspect the goods (their appearance, quantity, quality, completeness) together with the payment document upon receipt of the order (parcel) in the presence of a representative of the Carrier, including upon receipt of the goods returned after warranty service. Claims of the User (Consumer) to the Seller regarding the goods received through the courier service (Nova Poshta, Meest Express, etc.) regarding improper product or appearance (damage), which are detected upon receipt of the goods, must be recorded by the User (Consumer) together with a representative of the courier service by drawing up a written document reflecting the damage. In other cases, claims for damage to the goods during transportation shall be made directly to the carrier.
3.5.1. Acceptance by the User (Consumer) of the Goods without drawing up a written document with the courier service representative regarding the improper product or appearance (damage) found upon receipt of the goods is a confirmation that the User (Consumer) has no claims to the Seller and/or the Administration regarding the quality or quantity of such Goods, any characteristics (color, dimensions, etc.).
4. Personal data.
4.1. By placing an Order on the Website https://dcac.group/ and/or checking the appropriate box on the website https://dcac.group/ before filling in his/her personal data, the User gives his/her consent to the Administration to collect and process ( accumulate, store, adapt, restore, use, disseminate, depersonalize and destroy) the data specified by him/her, namely: surname, first name, patronymic; e-mail; telephone; address; date and place of birth; identification number; citizenship; availability of benefits; information on registration as an individual entrepreneur; place of actual residence; place of residence according to state registration; passport data (number, series, issuing authority and date of issue); information about children, including adopted children; other data, as well as gives his/her consent to the transfer (distribution) of his/her data to partners, such as: Nova Poshta LLC (USREOU code 31316718), other freight forwarding and courier organizations, any Banks and/or financial institutions in connection with the conclusion of contracts, services to electronic communication service providers for processing information on the provision and receipt of telecommunication services, Sellers, and other third parties (without limitation) at the discretion of the Administration. This provision is valid without restriction of its validity period.
The above list of personal data is not permanent and mandatory for all Users, but depends on the needs and desires of the User and the operations he/she performs on the Website.
The purpose of personal data processing includes:
fulfillment of contractual relations, relations in the field of consumer protection, in the field of advertising and market research, exercise of assigned functions, powers and duties in accordance with the applicable legislation of Ukraine;
identification of the User as the Website User
to communicate with the User, including for the provision of services, payment processing, sending, conducting settlement operations, reporting, accounting and management accounting;
providing or offering goods or services to the User by the Company or Partners;
processing of the User's orders;
creating and implementing bonus programs, loyalty programs, promotional offers, etc.;
sending newsletters, commercial offers, informing about loyalty programs, bonus programs, information and marketing mailings (news, company promotions, promotional codes and discounts, personal recommendations, personal discounts and offers, etc.) containing information about goods and/or services, in order to send notifications about the operation of the Website by mail, analyze the activity of Users, conduct market research, surveys, etc. by means of electronic communications (by e-mail, phone, by sending information messages and alerts in the Mobile Application);
possibility of contacting the User through (i) sending service, legal, informational, advertising or other letters and newsletters to the User by e-mail by the Company or Partners; (ii) making calls (including automatically dialed and/or pre-recorded) from the Company and/or Partners to the User's phone number; (iii) sending SMS, Viber messages or other text messages by the Company or Partners to the User's phone number;
improving / simplifying the work with the Website;
ensuring the security of the Website;
fulfillment of other obligations imposed by law on the Personal Data Owner to protect the legitimate interests of the Personal Data Owner or a third party to whom personal data is transferred.
The use of the Website (ordering, registration) certifies that the User has provided the prior written consent of such User, in electronic form, to the distribution of advertisements (information, marketing mailings that may be sent in accordance with the terms and purpose of processing personal data) using the User's phone numbers or other network identifiers.
The User may at any time free of charge reject the use of his/her data, including the receipt of information and marketing newsletters, through the appropriate settings on the Website or by sending a request by e-mail.
4.2. The source of personal data collection is information directly and voluntarily provided by the User.
The basis for the processing of personal data of the Users is the consent of the User to the processing of their personal data, which is expressed in the use of the Website.
Data related to race, nationality, political views, religious and other beliefs, membership in public organizations is not processed. Information that characterizes the physiological characteristics of the Users, on the basis of which it is possible to establish their identity, is also not processed.
4.3. The processing of the User's personal data is carried out without any time limit, in any legal way, including in personal data information systems using automation tools or without using such tools. The terms of data processing and storage are determined based on the purposes of data processing, as well as on the conditions specified in the agreements concluded with the Users in accordance with the requirements of the current legislation of Ukraine. Personal data shall be processed and stored for as long as necessary to achieve the purpose of processing specified in paragraph 4.1 of this Agreement.
At the same time, the User is entitled to submit a request to terminate the processing and storage of their personal data or to delete their data from the User's personal account. Deletion of the User's account or receipt of a corresponding request to terminate the processing and storage of the User's personal data shall be grounds for immediate termination of processing and storage of such data.
4.4. The owner of the personal data provided by the User is DC LINK EAST LLC, identification code 44577747, location: 43, Saltivske Shose, Kharkiv, Kharkiv region, 61038.
4.5. As a personal data subject, the User has the right to:
know about the sources of collection, location of his/her personal data, the purpose of their processing, location or place of residence (stay) of the owner or manager of personal data or give a corresponding order to obtain this information to persons authorized by him/her, except in cases established by law;
receive information on the conditions for granting access to personal data, including information about third parties to whom his/her personal data is transferred;
access to his/her personal data;
receive, no later than thirty calendar days from the date of receipt of the request, except in cases provided for by law, a response on whether his/her personal data is processed, as well as receive the content of such personal data;
submit a reasoned request to the personal data controller with an objection to the processing of their personal data;
make a reasoned request to change or destroy his/her personal data by any owner and administrator of personal data, if such data is processed illegally or is unreliable;
protection of his/her personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, as well as protection from providing information that is inaccurate or discrediting the honor, dignity and business reputation of an individual;
file complaints against the processing of his/her personal data to the Commissioner or to the court;
apply legal remedies in case of violation of the legislation on personal data protection;
make reservations about the restriction of the right to process his/her personal data when giving consent;
withdraw consent to the processing of personal data;
know the mechanism of automatic processing of personal data;
protection against an automated decision that has legal consequences for him/her.
4.6. Detailed terms and conditions for the collection and use of personal data by the Administration are contained in the Privacy Policy, which is an integral part of this Agreement and is posted on the Website.
5. Miscellaneous.
5.1. The User has the right to appoint a third party as the Recipient of the purchased Goods. In this case, the Recipient is obliged to indicate in the Order form the data necessary to identify the Recipient and deliver the Goods to him. In this case, the provisions of Article 636 of the Civil Code of Ukraine shall apply to the relations of the parties.
5.2. To issue the Goods to the Recipient, the latter is obliged to provide an identity document (passport) upon receipt of the Goods.
5.3. Upon receipt of the Goods, the Recipient is obliged to put his signature in the documents confirming that he/she has received the Goods.
5.4. All possible disputes arising from or related to this Agreement shall be resolved in accordance with the applicable legislation of Ukraine.
5.5. Nothing in the Agreement may be understood as the establishment of agency relations, partnership relations, joint venture relations, personal employment relations or other relations between the User, the Seller and the Website Administration not expressly provided for in the Agreement.
5.6. When a court recognizes any provision of the Agreement as invalid or unenforceable, it does not imply the invalidity of other provisions of the Agreement.
5.7. Failure to act by the Website Administration in case of violation of the provisions of the Agreement by any of the Users does not deprive the Website Administration of the right to take later appropriate actions to protect its interests and protect the copyright of the Website materials protected in accordance with applicable law. The User confirms that he/she is familiar with all clauses of this Agreement and unconditionally accepts them.