Last edit date: 08 Aug 2017
PUBLIC OFFER AGREEMENT
264 Omar Khizanishvili Street
Tel. +995 555 535577
1. GENERAL PROVISIONS
1.1. This document is a public offer of DrunkLab LLC — a limited liability company registered in Georgia, hereinafter referred to as «Contractor» and contains all the essential terms of the provision of information and consulting services.
1.2. The Public Offer is an official document and published on the website of the Contractor at the address https://drunklabstore.com/terms-and-conditions/
1.3. In case of payment for goods or services, legal or natural person thereby confirming the adoption and acceptance of the following terms of the Public Offer and becomes the Customer. The Contractor with the Customer together — Parties of the Public Offer.
1.4. Public Offer does not require signing and stamped by the Customer and maintaining full force and effect.
1.5. In connection with aforementioned, Customer must attentively read the text of this Public Offer and in case of disagreement with the terms and conditions — refuse to conclude the Public Offer and using of the Contractor’s goods and services.
2.1. In accordance with the terms of this Agreement, the Contractor shall provide the goods and/or services specified in the invoice and the Customer undertakes to pay for these services in accordance with the invoice.
3. ACCEPTANCE AND CONTRACTING OF THE PUBLIC OFFER
3.1. Customer makes acceptance of the Public Offer by prepaid of the Contractor’s goods or services in respect of which the Public Offer is concludes. Customer’s acceptance of this Public Offer means that he/she is fully agreed with all the provisions of this Public Offer.
3.2. By acceptance of the Public Offer in the order specified in paragraph. 3.1 of the Public Offer, the Customer warrants that he/she is familiar, agree, fully and unconditionally accept all the terms of the Public Offer in the form in which they are presented.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor undertakes to:
4.1.1. Organize and ensure the proper provision of goods and services.
4.1.2. Use all personal data and confidential information about the Customer only for provision, do not transfer and do not show information indicated in documentation and customer information to the third parties.
4.1.3. Give spoken and written consultations on additional issues of the Customer. The amount and timing of counseling, and the form of consultation is determined in each case independently by the Contractor.
4.2. The Contractor is entitled to:
4.2.1. Unilaterally determine the value of the goods and services provided and to change the terms of this Public Offer.
4.2.2. Independently determine the form and methods of services providing on the basis of legal requirements, technical capabilities, as well as the specific conditions of the agreement taking into account wishes of the Customer.
4.2.3. Use the goods and services of any natural persons or legal entities, for the purpose of timely and quality fulfillment of obligations under the Agreement. Independently determine the composition of goods suppliers and professionals providing services, and at its discretion to distribute the work between them.
4.2.4. To demand payment for rendered services or for services which are providing.
4.2.5. To refuse supplying goods and providing services for Customer in the case of non-payment (partial payment) in a timely manner.
4.2.6. To get from the Customer any information which is necessary to perform its obligations under the Agreement. In case of any incorrect or incomplete information which was provided by the Customer the Contractor is entitled to suspend performance of its obligations under the Agreement before providing the necessary information.
4.3. The Customer undertakes:
4.3.1. Timely and fully pay the cost of Contractor’s goods services in the order, in time and in the amount set forth herein.
4.3.2. To provide the Contractor with all the information and data which would be necessary to fulfill its obligations under Agreement.
4.3.3. Do not disclose confidential information and other data provided by the Contractor in connection with the execution of this Agreement.
4.4. The Customer has the right to:
4.4.1 To demand from the Contractor to provide information about any goods characteristics, including all necessary certificates.
4.4.2 To demand proper and timely shipping of the goods by the Contractor.
4.4.3. To demand from the Contractor to provide information about the organization and proper ensuring of the Services provision.
4.4.4. To demand proper and timely provision of the Services by the Contractor.
5.1. Term of services negotiated individually with the Customer and starts to run from the date of receipt by the Contractor of all the required amount of information from the Customer.
5.2 Term of goods shipping negotiated individually with the Customer, in case of no additional information provided by Customer shipping term is 3 business day from the day of reciept of funds to Contractor’s bank account.
6. SHIPPING AND DELIVERY
6.1 Delivery of the goods is provided by the third party, international delivery service “Dimex” (DIMEX LLC, www.dimex.ws or TNT Inc. www.tnt.com) for the Contractor’s account.
6.2 Tracking number of the package is provided by Contractor to Customer within 1 day after shipping by phone or e-mail.
6.3 All taxes, VAT, custom duties and other duties connected with the conclusion and fulfilment of the present Contract outside the Customer’s country territory are to be borne by the Contractor, and those inside the Customer’s country territory are to be borne by the Customer.
6.4. Delivery terms and responsibility are described in third party’s Public agreement.
7. QUALITY OF THE GOODS AND SERVICES. CONTRACTOR’S GUARANTEE.
7.1. Contractor guarantees that the goods complie with the description provided in the “description” section of good’s page.
7.2 Term for checking the goods for qualntity and damage absence, incliding damages during shipping, is 1 day after receiving the package by Customer.
7.3 In case of inconsistences of quality and/or quantity of goods declared in Invoice, Customer has a right to request full or partial refund from the Contractor.
7.4 The regulating act for quality, warranty and shipping is INCOTERMS 2010.
7.5 All additional warranty policies are subject of individual negotiation with the Customer.
7.6 Services shall be considered properly rendered and in the full amount if within two days from the date of the Service provision the Customer does not make a claim.
8. COST AND PAYMENT PROCEDURE
8.1. The costs of goods and services are determined by the Contractor and posted on the website https://n-tools.lv.
8.2. All prices are in Euro. For compatibility reasons buyer is allowed to pay in US Dollars using ECB conversion ratio at the day of invoicing.
8.3. Payment under this Agreement shall be made on the basis of 100% prepayment and in the manner prescribed by this Agreement.
8.4. The Customer is solely responsible for the accuracy of payments. Due to currency conversion and differences in banking systems payment amount is considered accurate if the difference between the invoiced and received amounts is less than 5%. The moment of payment is considered after receipt of funds to the Contractor’s bank account.
8.5. Contractor reserves the right to change rates at their discretion.
8.6. Service costs are indicated for standard services. In case of provision of the additional Services, the value will be increased accordingly.
8.7. Fee for the Contractor’s services is not refundable and does not include the tariffs of the bank.
8.8. If the Customer provides incomplete, false or contradictory information, which affected for the outcome of the provided Services to the Customer, the Contractor reserves the right not to refund the Customer’s payments.
9. RESPONSIBILITY OF THE PARTIES
9.1. The Parties are responsible for any failure to perform its obligations under the Agreement in accordance with the British law.
9.2. The Contractor shall be responsible for the timely implementation of the provided Services if the Customer performing all specified terms.
9.3. The Contractor shall not be liable for non-receipt of the Customer’s goods and services and the produced payment in this case is not refundable and not transferred to the other Services in the following cases:
9.3.1. Customer’s phone and email address which was specified at the time of the Service are not available.
9.3.2. The Customer can not receive the purchased goods and services by reason of his technical or other problems.
10. SPECIAL CONDITIONS AND THE PROCEDURE OF DISPUTES CONSIDERATION
10.1. This Public Offer has the power of the Acceptance Certificate. Acceptance is performed without signing of the correspondence act.
10.2. Customer’s claims provided by the Contractor are taking into consideration within 2 (working) days from the date when the dispute arose and through an email.
10.3. Contractor and the Customer taking into account the nature of the goods and services provided and undertake in the case of disputes and disagreements relating to the supplement of goods and provision of services to apply the pre-trial procedure for settling the dispute.
10.4. Matters arising from the interpretation and application of this Agreement and are not regulated by it are governed by the British law. The Parties shall use all reasonable efforts to settle through negotiations any disputes arising out of this Agreement, in connection with it or its violation, termination or validity.
11. FORCE MAJOR
11.1. Parties are released from liability for complete or partial failure to fulfill obligations under the Agreement if the failure to fulfill obligations was caused by force majeure, such as: fire, flood, earthquake, strikes, wars, acts of public authorities or others, do not depend on the circumstances of the Parties.
11.2. Party which can not fulfill obligations under the Agreement must promptly but not later than 10 calendar days after the force majeure to notify the other Party in written form with the provision of supporting documents issued by the competent authorities.
12. CONCLUSION, AMENDMENT AND TERMINATION OF THE AGREEMENT
12.1. The time of conclusion of this Agreement shall be the moment of payment enrollment to the Contractor’s account.
12.2. The Customer enters into this Public Offer voluntarily, while the Customer:
a) fully acquainted with the conditions of the Public Offer;
b) fully understands the subject and conditions of the Public Offer;
c) fully understands the meaning and consequences of their actions in relation to the conclusion and execution of the Public Offer.
12.3. The Customer has all the rights and powers required for the conclusion and execution of the Public Offer.
12.4. The Customer may at any time unilaterally refuse the Contractor’s goods and services. In the case of unilateral Customer’s refusal from the Contractor’s Services the payment is not refundable.
12.5. For all matters not covered in this Agreement, Parties shall be governed by the laws of the United Kingdom.