1.1. This Public Offer (hereinafter referred to as the “Offer”) is an official offer of the Limited Liability Company “Deally”, Montenegro, Podgorica, Masa Durovica 13/a, hereinafter referred to as the “Service Administration”, to conclude with any natural person, hereinafter referred to as the “Buyer”, a Service Agreement for the organization of the Transaction on the terms and conditions provided for in this Offer (hereinafter referred to as the “Service Agreement”).
1.2. The Administration of the Service acts on the basis of the Agency Agreement with each of the Sellers of the Goods, information about which is published (posted) on the Service, acts on behalf, at the expense and in the interests of the respective Sellers, does not assume or acquire any rights and obligations under the Transaction. All rights and obligations under the Transaction arise directly from the Seller.
1.3. Administration of the Service and the Buyer hereinafter in the text of the Offer are referred to collectively as “Parties”, and individually as a “Party”.
1.4. This Offer is addressed to an unlimited number of individuals who have the appropriate right and legal capacity (legal personality, legal capacity) in accordance with the laws of the country of Montenegro, allowing them to enter into civil legal relations with the Administration of the Service and enter into a contract for the provision of services on the terms and conditions defined in the Offer.
1.5. It is hereby presumed and the Buyer confirms that he has legal capacity and legal capacity (legal personality, legal capacity) sufficient to enter into a Service Agreement with the Administration of the Service on the terms and conditions set out in the Offer.
1.6. This Offer contains all the main material terms of the legal relations of the Parties and is made in accordance with the Civil Code of the country of Montenegro.
2.1. Acceptance of this Offer is carried out by means of the Buyer's conclusive (actual) actions indicating his intention, will and desire to enter into legal relations with the Administration of the Service and to conclude a Service Agreement on the terms and conditions provided for in the Offer.
2.2. In particular, but not limited to the above, such conclusive actions include payment of the cost of the Goods by the Buyer.
2.3. Acceptance of the Offer means familiarization, understanding of all together and each individually the terms of the Offer, full, unconditional and unconditional consent of the Buyer with the provisions and requirements defined in the Offer.
2.4. From the moment of acceptance of the Offer the Service Agreement is recognized as agreed and concluded between the Service Administration and the Buyer on the terms and conditions specified in this Offer, and its terms and conditions are subject to mandatory and strict execution by the Parties.
3.1. For the purposes of this Offer, the following terms are used with the following meaning:
3.1.1. Service “Deally” or Service - a set of information and technical solutions placed in the Internet at the address: www.deally.me, providing the possibility of direct interaction and organization of conclusion and execution of the Transaction between the Seller and the Buyer, as well as safe mutual settlements between them.
3.1.2. Administration of the Service - Deally OOO Montenegro, Podgorica, Masa Durovica 13/a, represented by its authorized representative (moderator), which has the rights to use, manage and dispose of the Service.
3.1.3. Seller is a natural person (citizen) registered on the Service and carrying out the sale (realization) of Goods.
3.1.4. Buyer - a natural person (citizen) who purchases the Goods and/or has the intention to purchase the Goods and/or has purchased the Goods and/or has familiarized himself/herself with the information about the Goods.
3.1.5. Goods - any thing, property, digital and virtual object, work or service offered by the Seller for sale (realization) to Buyers by posting information about them on the Service.
3.1.6. Transaction - an agreement (agreement, contract, etc.) for the sale (realization) of the Goods concluded on the Service between the Seller, on behalf and in the interests of whom the Administration of the Service acts, and the Buyer.
3.1.7 Electronic mail (E-mail) - a special technology that provides sending and receiving electronic messages, letters, files, documents, etc. through the use of information and telecommunication network Internet.
3.2. The terms not defined in paragraph 3.1. of this Offer may be used in the Offer. In these cases, the interpretation of terms shall be made in accordance with the text and meaning of this Offer. If there is no unambiguous interpretation of a term in the text of this Offer, the interpretation of terms should be guided by: first of all - defined on the Service; secondly - in accordance with the norms of the current applicable legislation of the country of residence of the Service Administration.
4.1. In accordance with this Offer the Administration of the Service undertakes to provide the Buyer with the following services:
4.1.1. Providing an opportunity to familiarize with information about the Goods posted on the Service;
4.1.2. Organization of conclusion of Transactions with Sellers. The execution of the respective Transactions is carried out through the Service, by using the functional, technical and technological devices of the Service.
4.1.3. Transfer of funds for the Goods to the Seller in order to carry out safe mutual settlements between the Seller and the Buyer.
4.2. The Administration of the Service is solely the organizer of interaction between the Seller and the Buyer by providing them with the Service (technical and functional capabilities of the Service) for the purpose of selling the Goods by the Seller to the Buyer.
4.3. The Administration of the Service does not participate in determining the conditions of realization of Goods (type, price, quantity, etc.), is not the owner of these Goods, does not act as a Seller or a Buyer. At the same time, the Administration of the Service has the right to set restrictions on the prices for certain varieties of Goods.
4.4. The rights and obligations, as well as the responsibility for the execution of the Transaction, arise (arise) directly from the Seller and the Buyer.
5.1. The Buyer's rights and obligations:
5.1.1. The Buyer undertakes to comply with the terms and conditions of sale of the Goods agreed with the Seller.
5.1.2. The Buyer undertakes to independently and timely familiarize himself with all information posted on the Service, as well as in the notifications sent to the Buyer's e-mail address.
5.1.3. The Buyer is entitled to familiarize himself with the information about the Goods, to order the Goods and to perform Transactions in relation to the Goods.
5.1.4. Other rights, opportunities and obligations determined at the discretion of the Service Administration.
5.2. The rights and obligations of the Service Administration:
5.2.1. The Service Administration has the right to make changes to this Offer.
5.2.2. The Administration of the Service has the right to remove any information from the Service that violates this Offer, the law or the rights and interests of third parties.
5.2.3. In case of non-compliance of the goods with the stated characteristics or failure to receive the goods, the Buyer within 48 hours can contact Deally problem solving service at the contact address: help@deally.me . Deally service will help to settle disputes and problems between the Seller and the Buyer.
5.2.4. The Administration of the Service has the right to require additional documents and confirmation of the Buyer's identification, in particular, the provision of identity documents, videoconferencing etc.
5.2.5. Other rights, opportunities and obligations arising from this Offer.
5.3. The Buyer hereby consents to the processing of his personal data in accordance with the provisions of applicable law. The Administration of the Service has the right to use the Buyer's personal data for the purposes of execution of this Offer in accordance with the terms of applicable law.
6.1. The Buyer and the Administration of the Service shall be liable for violation of the terms and conditions set forth in this Offer in accordance with the applicable laws of the country of Montenegro.
6.2. Due to the peculiarities of the functionality of the Service, the Administration of the Service can’t be responsible for the actions/inaction of the Sellers and Buyers, including for the failure of the Seller and the Buyer to comply with the obligations under the Deal, as well as for the legality of the actions/inaction of the Sellers and Buyers before the transaction.
6.3. Administration of the Service does not regulate disputes and conflict situations between the Seller and the Buyer, does not act as an arbitrator. Nothing in this Offer can indicate the obligation of the Service Administration to participate in the resolution of conflicts and disputes between Sellers and Buyers. However, the Administration of the Service at its sole discretion may participate in the resolution of such conflicts and disputes.
6.4. The Administration of the Service is not responsible for non-fulfillment and/or improper fulfillment by the Buyer and the Seller of their mutual obligations, including, but not limited to the above - for violation of the terms of quality, quantity, completeness, appearance and form of the Goods, for violations of the conditions of transfer of the Goods, etc.
6.5. The Administration of the Service is not responsible for improper performance of obligations by third parties, in particular, by payment systems, credit organizations (banks), hosts and providers, mobile operators, etc.
6.6. The Administration of the Service shall not be liable in any form for non-compliance of the content, functionality and purpose of the Service with the Buyer's expectations. The Service is provided for use by the Buyers on an “as is” basis.
7.1. The Parties have established a claim pre-trial procedure for settlement of disagreements and disputes. The term for responding to the submitted claim is 30 business days from the date of receipt of the claim by the Party.
7.2. In case of failure to reach an agreement on the disputed issues, the dispute arising from the Agreement shall be considered in court at the location of the Service Administration.
8.1. This Offer comes into effect from the moment of its placement in the Internet on the Service specified in paragraph 3.1.1. of this Offer.
8.2. This Offer is entered into force for an indefinite period of time and becomes void upon its revocation by the Administration of the Service.
8.3. In the case of changes to the Offer, such changes come into force from the date of publication of the new edition of the Offer on the Service, unless another term of entry into force of changes is not determined additionally at its publication. The Administration of the Service has the right to unilaterally make changes to the text of the Offer.
8.4. The Buyer undertakes to independently monitor changes in the provisions of this Offer and is responsible for the negative consequences associated with non-compliance with this obligation.
8.5. If the Buyer does not agree with the relevant changes, the Buyer is obliged to stop using the Service and refuse the services provided by the Administration of the Service. Otherwise, the Buyer's continued use of the Service means that the Buyer agrees to the terms of the Offer in the new edition.
8.6. If the Administration of the Service provides you with a translation of the Offer from the Russian language, you agree that such translation is provided solely for convenience of familiarization, and that your relationship with the Administration of the Service is governed by the Russian version of the Offer.
8.7. In case of any contradictions between the Russian language version of the Offer and its translation, the Russian language version of the Offer shall prevail.